by Grievous Sin
“What?”
“Can you picture Marie and Tandy leaving the hospital with both the baby and Lily Booker’s body unnoticed?”
“Everyone we interviewed said the place was short-staffed that night. You yourself said the hospital was a tomb.”
“But it’s the physical element. Even if Tandy is a big, strong gal and Marie is a nurse who knew the ropes, how did they leave the hospital carrying a dead body—a bloody dead body—and a squalling baby? Or even a sleeping baby, for that matter. That’s a lot of weight.”
Marge thought for a moment. “You’re right. Lily was a big woman. Maybe they got help.”
Decker suddenly grinned. “Who’d help them, Margie?”
“Can’t be Daddy Geoff. He’s practically an invalid. How about Mom? She’s a toughie, to put it mildly.”
Decker said, “Could have been Mom, but think about her physically, Marge. Hetty’s a broomstick. We need someone strong, Marge. Someone who’s used to toting deadweight bodies. And maybe someone who owes Tandy some favors.”
Marge hit her forehead. “Leek McKay. I told you that guy was a scumbag! If he’s gone because you played nice guy—”
“Don’t say it, don’t say it!” Decker ran his hands through his hair. “I’ve been doing nothing but fucking up lately!”
“Maybe it’s sleep deprivation.”
“It’s bad work.” Decker shook his head. “Marie’s missing. I’ve got no idea where she is. Tandy’s with Donna at the moment. She’s not going anywhere. I’ve got nothing on tap. Might as well go get me some evidence.”
Decker closed the door to the interview room and leaned against the wall next to Deputy D.A. Kurt Pomerantz. A moment later, a uniformed officer joined them both. Decker smiled at her. Nervously, she smiled back, her eyes focusing on a spot across the squad room. The blue was barely out of her teens, probably a rookie. Decker thought of Cindy. He hoped she’d gotten police work out of her system.
Pomerantz brushed his palm over his balding forehead and unbuttoned his jacket, exposing a sizable gut that came with beer-drinking and middle age. The deputy D.A. rocked on his feet as he talked. “I can tell you this much. Beltran’s going to ask for all charges dropped in exchange for McKay’s cooperation.”
“McKay was an accessory.”
“A phone call from the hospital to McKay does not a case make, Pete.”
“It was made right around the kidnapping, Kurt. Fits beautifully into our time frame.”
“It’s a lousy phone call, Pete. McKay’s a nurse. Maybe someone at the hospital wanted to consult with him.”
“He’s never worked for Sun Valley Pres. And who the hell would be calling him at midnight to consult?”
“Trace it to the nursery, your case’ll look better.”
“We’re trying. It takes time.” Decker paused. “We’ve also got bags of ash from Marie’s burnt Honda. If McKay put the body into the car, he left some evidence transfer. Now, at least I know what to look for.”
“Some evidence would be nice.”
Decker said, “I think McKay’ll bite. I think he’d love to get Tandy off his back. The girl had been blackmailing him for years to use his license. The girl is also psychotic—maybe even homicidal. I think he’s afraid of her. I think he’d love to see her locked up and out of his hair.”
Pomerantz said, “He’s not going to screw himself just to get her locked up.”
“It depends,” Decker said. “Maybe having her loose would be worse for him than doing a little community work.”
Pomerantz waited a beat. “True. I’ll do what I can to put the squeeze on Oscar, but he’s no dunce. You want a cup of coffee?”
Decker said, “I’ll get it. What do you take?”
“Cream, no sugar.”
Decker turned to the uniform. “Officer?”
“No, thank you, sir.”
Decker stifled a smile and brought back two cups of coffee. A moment later, McKay’s counsel emerged from the room. Oscar Beltran was Hispanic, in his early thirties, and had been with the Public Defender’s Office for the last five years. Decker nodded to the rookie, and the kid turned to go back inside the interview quarters.
“Position yourself near the exit,” Decker said.
The kid nodded and closed the door behind her.
Eyes upon the young patrol officer, Beltran said, “They keep making them younger.”
Decker said, “What are you complaining about? You’re not exactly an old fart.”
“I feel like an old fart,” Beltran said. “Must be the job.”
“It’s defending all those psychos, Oscar,” Pomerantz said.
Beltran laughed. “Everybody’s entitled to representation, Counselor.”
“Ain’t that lucky for old Leek McKay,” Pomerantz said.
“Kurt, you’re after the wrong person,” Beltran said. “McKay’s small time—a petty criminal.”
“Ain’t no petty criminals, Counselor,” Decker said. “Just petty crimes.”
“Are we going to dance, or are we going to talk?” Beltran said. “Without McKay, you don’t have anyone for the Booker murder. We all know that, so let’s not putz around.”
“Putz?” Decker smiled. “I like your Spanish.”
“In deference to you, Sergeant,” Beltran said.
Pomerantz said, “We’ve got a phone call from the hospital to McKay, Oscar. It doesn’t look good for your man.”
“Kurt,” Beltran said, “you don’t have a case with a phone call!”
“Au contraire,” Pomerantz said. “I think we can make a good one.”
“Fine,” Beltran said. “Make your case, and I’ll see you in court.”
Decker said, “Oscar, we know that I can get Golden Valley Home for the Aged to press a multitude of embezzlement and fraud charges against your client. And they’d stick like glue. Either way, McKay’s going to get charged.”
“Big difference between embezzlement and accessory to murder,” Beltran said.
Pomerantz said, “Murder and kidnapping—”
“Murder only. He doesn’t know shit about the kidnap—”
“So you say,” Pomerantz broke in.
Beltran said, “You want to play poker, I’ll call your bluff. Take what you’ve got to court.”
“Fine, I’ll call Golden Valley.” Decker looked at Pomerantz. “Let’s go for time, Kurt. I think we can get one to three—”
Beltran said, “Who’s pleading this, Kurt? You or him?”
“The man used to be a lawyer,” Pomerantz said. “Old habits are hard to break.”
“C’mon,” Beltran said, “you want to let loose a nutcase like Tandy Roberts, boys? I don’t think so. You want her running around doing mischief when she should be in treatment? I don’t think so. And without my boy McKay, you don’t have anything on her!”
Pomerantz said, “Bottom line: What will you buy?”
“Everything dropped in exchange for cooperation. And I mean everything. No embezzlement, no accessory, no payback, no community service—”
“Suspended proceedings with probation,” said Pomerantz. “First year served in county jail if beyond a doubt McKay is only an accessory. Because if it’s murder, all bets are off.”
“All charges dropped, Kurt.”
“Why should we drop all charges?” Decker said. “At the very least, he’d get probation with embezzlement, Oscar.”
“So charge him with embezzlement. You want his cooperation, Pete, all charges dropped.”
“Suspended proceedings with five probation,” Pomerantz said. “No jail time.”
“No dice,” Beltran said.
“Oscar, be flexible!”
“All charges dropped.”
Decker remained stoic. He wanted to charge Leek McKay—the nurse deserved to do time—but he wanted Lily Booker’s killer—or killers—even more. Maybe it was Marie. Maybe it was Tandy. Without McKay, he’d never know. If McKay had to go free in the bargain, he could live with that. None of t
he men spoke for a few moments.
Finally, Pomerantz said, “Suspended proceedings with one year probation. No jail time. With embezzlement, we could tie him up with at least two, maybe three, years probation, not to mention countless hours of community service and possible payback to the home. Go back to your client and ask him if what we have to offer is satisfactory.”
Beltran tapped his foot, then nodded. “I think he’ll go for it.”
36
“Where’s the camera?” Leek McKay looked around the interview room. “I don’t see any camera.”
“Behind the one-way mirror,” Marge explained.
“Why am I being videotaped?”
Decker said, “The proceedings are being videotaped, Mr. McKay, not just you. It’s for everyone’s protection.”
“I look lousy.”
And he did. There was something especially pathetic about a big man withering in defeat. He reminded Decker of a bull-mastiff he once saw in the vet’s office, the muscled animal lying submissively on the floor, quaking at the anticipation of a shot. Leek had on a white shirt, tan jacket, and a pair of faded Levi’s. His face was pale, his hair, though washed, was messy, and his hands were clenched knuckle white.
“I need a shave myself,” Decker said. “Don’t worry about it.”
McKay said, “Tell the guy behind the camera to try to pick up the left part of my face. It’s my good side.”
Decker didn’t answer, not knowing if Leek was serious. He continued reciting preliminary interview information into the tape recorder, ending by stating the name of each person in the room and his official title. Six people in a space inadequately ventilated for two. Everyone had circles under their armpits. He turned to Leek. “Do you want anything to eat or drink before we start?”
“Glass of water would be nice.”
Marge topped a paper cup with water and set it in front of the bodybuilder. McKay drank it without pausing for air, then gave Marge a weak smile along with a hound-dog look. She knew he was trying to find an ally in her. Maybe he thought a woman would be more sympathetic. Little did he know what a hard-ass she could be.
Decker said, “Mr. McKay, we have a phone record of yours from PacBell.” He stated the time and date of the call. “Do you remember receiving that call?”
“Yes.”
“It lasted for five minutes and fourteen seconds.”
“Sounds right.”
“Who called you, Leek?”
“Tandy Roberts.”
“And that’s the same person as Sondra Roberts?”
“Yes. Tandy’s her nickname.” McKay focused on his hands. “She used to lisp as a kid. Sandy came out Tandy.” He played with his water cup. “At least that’s what she told me.”
Decker said, “The caller identified herself as Tandy Roberts?”
“Just Tandy. She didn’t even have to say that. I knew her voice.”
“What did Miss Roberts say to you during the course of your conversation with her?”
“I don’t remember word-for-word. She woke me out of a sound sleep.”
“Tell us as best as you remember,” Marge said.
“She said something like ‘Leek, it’s Tandy. You gotta come down here right away.’ I asked her where ‘here’ was. And she said Sun Valley Pres. I asked her what she wanted, but she wouldn’t answer. She sounded agitated over the phone. Breathing hard, gasping. Then Marie came on the line—”
“Can you identify Marie for the record?” Decker interrupted.
“Marie Bellson. She said they couldn’t talk over the phone. That I should meet them at the hospital…in front of room four-something. I think it was four-sixteen. It was a room across the hall from a broom closet—a hospital utility closet.”
“We’ll refer to said room as room four-sixteen then,” Decker said. “Did Tandy or Marie say anything else to you over the phone?”
McKay whispered something in his lawyer’s ear. Beltran whispered something back. Out loud, McKay said, “Tandy told me she was in trouble, that she needed help. By trouble I thought maybe she had lost her purse or keys and couldn’t get home.”
Beltran nodded.
Pomerantz said, “You thought Tandy, who was gasping, had woken you up and had called you down to Sun Valley Pres at midnight because she had lost her keys?”
Beltran said, “May I remind Counsel that Mr. McKay is not on trial here. There’s no reason to impugn the veracity of his statements. We are trying to cooperate with a fact-finding interview.”
Decker said, “Did Tandy explain the nature of the trouble she was in?”
“No, sir, she did not.”
“Did Marie offer any explanation?”
“No.”
“And you went down to help Tandy?”
“Yes, sir.”
“Without question, you went to help her.”
“Yes, sir.”
“And did you find her at Sun Valley Pres in front of room number four-sixteen?”
“Yes—well, no actually.” McKay paused a moment. “I went to room four-sixteen and no one was there. Then, a moment later, Marie came out of the broom closet opposite room four-sixteen.”
“Can you identify Marie once again for the record?” Marge asked.
“Marie Bellson.”
“Marie Bellson came out of the broom closet opposite four-sixteen?” Decker asked.
“Yeah, she was hiding there. She pulled me inside.”
“Did she shut the door?” Marge asked.
“Yeah, of course she shut the door. She had a dead body inside.”
Beltran said, “Lawrence—”
“Mr. Beltran, call a spade a spade. There was a dead body in the closet. Scared the shit out of me. Marie was in the process of putting it in a body bag when I got there. I almost bolted on the spot.”
“Why didn’t you?” Marge asked.
“Because Tandy…” McKay rubbed his hands over his face. “She had dope on me. She was blackmailing me—”
Beltran said, “Lawrence—”
“The sergeant knows all this, Mr. Beltran. Can you let me get my story out?”
“I’m trying to protect you.”
“Mr. Beltran, you said I’d get a year’s probation tops. That nothing I’d say would make it worse on me. Is that true?”
“It’s true, Mr. McKay,” Pomerantz said. “As long as we’re satisfied that your sole involvement in these activities was that of an accessory only.”
“What does that mean?” McKay asked.
Decker said, “We need to be assured that you didn’t know anything about the murder and kidnapping until after the fact, after the felonies took place.”
McKay was breathing hard. “I swear on my mother’s grave that I didn’t know a thing until Marie pulled me inside the broom closet.”
“Where was Tandy?” Marge asked.
“I don’t know. I never saw Tandy. She was gone when I got there.”
Pomerantz, Decker, and Marge exchanged looks.
“You never saw Tandy?” Decker asked.
“Nope.”
“And even though Tandy wasn’t there when you arrived, even though you saw a dead body in the closet, you didn’t run?” Decker said.
“I know that sounds crazy but…” McKay took a sip of water and looked at Decker. “Tandy had dope on me. You found out anyway. I should have saved myself some energy.”
Decker was quiet.
McKay continued, “Tandy knew I was…investing…pocket money from the folks at the home.”
“Embezzling, not investing,” Pomerantz stated.
“Misappropriating funds,” Beltran retorted.
“For godsakes, it was just pocket change. I know private nurses who steal behind their clients’ backs. At least my patients gave me the money.”
“Makes you a prince among men, Leek,” Marge said.
Beltran said, “Lawrence, just go on with your story.”
“Couple of the residents have big mouths,” McKay went on. “
That’s not a problem, though. The elderly often confuse reality and fantasy. No one pays them any mind. But Tandy wouldn’t let go. She started prying into my affairs to prove what I was doing. Tandy may be nuts, but she’s not stupid. When she makes up her mind, she’s relentless. Just like she is now with buffing. She wanted me, she was going to have me. Once she knew about my pocket change, I started doing favors for her.”
Decker said, “Leek, describe the dead body to me.”
McKay spoke softly. “It was a black woman. She wore a nurse’s uniform. Her face had been bashed in.” He buried his head in his hands.
“Did you know for certain she was dead, Leek?”
Beltran held up his hand and whispered something in Leek’s ear. A moment later, McKay answered yes to the question.
“Did you take her pulse?” Decker said. “Did you check to see if she was breathing?”
“I just knew she was dead, Sergeant. Why else would Marie be putting her in a body bag?”
Decker said, “But you’re a nurse, Leek. Wouldn’t doing something like that be second nature?”
“Don’t answer that,” Beltran said.
“I’ve been a nurse in a geriatric home for five years, Sergeant,” McKay continued. “I’ve been around enough bodies to know when someone is dead. They have a look…the eyes…the pupils…dilated. That vacant stare. I…” McKay held his hand to his mouth. “She was a mess. Her face had been smashed…front part of her skull, too. Her brains…you could see her brains. She’d been hit very hard.”
“Hit?” Marge asked.
“Hit as in smashed up with a hammer.” He shuddered. “I’ve seen more dead people than I’d care to remember. But I’ve never seen someone messed up like that.”
“Was the closet a mess, too?” asked Marge.
“No…not…I don’t remember. Maybe they cleaned it up before I got there.”
Decker said, “Any idea who messed the body up?”
“Marie said…” McKay swallowed hard. “Marie Bellson said that she did everything. So I guess Marie was the one who did the bashing.”
“Did she say she did the bashing?” Decker said.
“Not the bashing specifically. Just that she did everything.”
