Megan jumped up, pulled on her robe and headed downstairs to her office.
She pulled open her center desk drawer and rifled through the contents. She felt certain she had kept the used certificate and envelope. She didn’t see it. She yanked open each of the remaining drawers and searched their contents. She let out a sigh of exasperation. “Nothing.” Her mind raced trying to think of anywhere else she could have put the certificate. She could think of anywhere else.
She sat down at her desk, opened her laptop and watched the screen came alive. She looked up the inmate list for the D.C. jail. Once she found it she scrolled down through the intake records that were completed when Tarkington was booked after he was charged with the rape. The jail staff always completed the intake immediately when prisoners were booked into the jail. Shortly after Tarkington’s was completed he had bailed out
“There,” she muttered and pressed a key.
‘D.C. Police Department Intake Procedure List for Inmate Craig Tarkington.’
Nervously, she scrolled through the pages. She knew the procedure. After arrest, an inmate’s personal items were taken from him, inventoried and placed in secure storage until the case was over. Then they conducted a physical examination. She continued scanning the page. ‘Inventory of clothing, personal items….’ She scrolled down farther. ‘Body exam for infectious diseases…’ The more she read the more nervous she became. “There!” she slapped her hand down on the desk. “Yes! There it is!”
‘Defendant Craig Tarkington was given a DNA mouth swab test and the results will be provided to the DNA Central Repository for inclusion in the National Registry.’
She leaned back in her chair. “I knew it!” She grabbed her phone and tapped in a number.
“Hello,” Eric Covington answered groggily.
“Hey Eric, it’s Megan. Wake up, sunshine.”
Eric groaned. “Isn’t it a little early, Megan?”
Megan laughed. “It’s never too early to nail a criminal like Craig Tarkington!”
“I’m lost, what’s happened. Fill me in.”
“I was laying in bed the other morning thinking about this case. All of a sudden I remembered that Tarkington had given me a gift certificate to thank me for training him for his new job at the firm. “She gently slapped her palm against her forehead. “ I thought that would solve our problem of not having Tarkington’s DNA since he had handled it and his DNA would be on the envelope.”
Megan could tell he was hanging on her every word.
“I had used the gift certificate and put it in my desk. I ‘m thinking there was a tiny amount still left on it. Maybe five dollars.”
Megan leaned back and ran her hand through her hair. “I searched through the whole desk and couldn’t find it.”
Eric sighed.
“Then I remembered some case law that allows police agencies to take a DNA sample from criminal defendants who are charged with serious felonies. They place the DNA in a repository that everybody in the U.S. has access to. This can help other victims find perpetrators.”
“Wasn’t there a big to-do about that?” Eric said. “Lots of people thought that by taking a mouth swab for DNA you were forcing a defendant to give evidence against himself—like testifying against himself. I remember there were all sorts of protests and court hearings about how that would violate a person’s constitutional right against self-incrimination.” Megan could hear Eric yawn. “Last I knew people were still fighting about whether it should be allowed.”
“ The Supreme Court ruled a few months ago that police agencies could take DNA mouth swabs and it was not a violation of a defendant’s right not to testify against himself,”
Megan said. “I looked on the sheriff department’s website. They did a mouth swab on Tarkington. Now we have his DNA to compare to what’s in the rape kit for Lucy.” Megan felt more alive than she had in days.
She could feel Eric’s energy change too. “This could destroy the defense. Mattingly will throw a fit and do everything he can to block the admission of the swab test.”
“Tough for him. He doesn’t have a say in it. All any defense attorney can do is try to attack the procedure that was used to collect the DNA or try to show that the testing on it wasn’t done properly.”
“This is huge! I’m surprised you didn’t think of this before.”
“I know,” Megan said. “But the ruling is really new. I haven’t seen any precedents for it although there probably have been some.”
“What do you want me to do?” Eric said. Megan could feel his excitement.
“I’m going to call the sheriff’s department and ask them to pull their results from Tarkington’s intake swab test and the report on the DNA in Lucy’s rape kit. If you can, run by the department and pick them up.”
“No problem.”
“I’d also like to have you snoop around at the building Tarkington lived in when the rape occurred,” Megan continued. “He still lives there. “It’s that apartment building on the east side of town called The Lakeworth. He lives on the twelfth floor. Who knows, maybe someone saw Lucy that night when she came in or left. “
“Will do.”
Megan could hear a bed squeak. Eric was getting up. For a moment she pictured him in a t-shirt and boxers and felt herself blushing, even though she was all alone in her house and Eric couldn’t possibly know what she was thinking. And there was really nothing to be embarrassed about. They had briefly dated back in the 80s but the timing wasn’t right. They both were going different directions building their careers. Still at times, she wondered if they would have had a future together if the timing had been different.
“How soon do you need all this done and for me to get you the info on the DNA testing results?” Eric asked, clueless.
“No big hurry. It will take at least three days for the police department to compile all the info I want,” she said. “At least I hope it’s that quick. “ From experience she knew that the police department was overworked and understaffed. “I’ll call and give them permission to give it all to you when it’s ready.”
“I’ll go to the Lakeworth apartments today and see what I can come up with. “
Megan thanked him and hung up. Things were on an upswing. Now it was just putting the case together.
CHAPTER THIRTY SEVEN
Megan’s phone buzzed on the coffee table. She looked down and saw Eric’s number flashing on the screen. It had been over a week since she’d asked him to pick up the reports on the results of Tarkington’s intake swab and the hospital’s findings on the rape kit exam, which the hospital had shipped to the police department for review and to be made part of the possible prosecutions file.
Megan touched the Answer button, leaned back against the couch, and cast a glance out the window. It was August 5th and the trial date was September 30th. Megan felt hot just looking outside, or maybe it was the thought of the trial getting closer every day that made her sweat.
“Have you picked up the DNA and rape kit results yet?” she asked Eric.
“No, I haven’t. The last time I called the police department they still didn’t have them ready. I have to run by the jail on another matter. I can check on them while I’m there.”
Megan thanked him. “I’ll call and let the jail know you’ll be by today.”
“I went by The Lakeworth,” Eric said. “Nice place. I’m sure those apartments cost a pretty penny. I forgot how the other half lives.” Eric laughed.
“Only the best for Tarkington,” Megan said. In the background she could hear the soft sound of Billy Joel singing ‘I love you just the way you are’ on the sound system in Eric’s car.
“I cased the whole place. Quiet, much to my surprise. The people I did see were older couples—obviously with money. They made it clear that they were about their own business. I was lucky if I got brief eye contact. To tell you the truth, I’m kind of surprised that place doesn’t have a doorman.”
“How did you get in?”
>
“I walked in behind a guy who lived there. He acted like he knew me and held the door.” Eric explained how he had gone around the building, visiting several floors and looking around.
“So it was a dead end?”
“Far from it.”
Megan sat up.
“I noticed while walking around that there are security cameras everywhere. I finally found the security guy in an office on the second floor—he wasn’t happy that I’d managed to get in. We talked for a while. Bottom line is, the cameras run 24/7 and they keep the videos for a few years. Three, I think.”
Megan felt new energy shooting through her. “Then they would have footage from the day of the rape.” Her mind raced with the possibilities this new discovery could have.
“We could see Tarkington get home, Lucy go in a while later and then come out in rough shape.
“That’s right,” Eric said. “While I was there the security guard replayed the videos taken that morning and found the one with me entering the building. It wasn’t the best video I’ve seen but it was clear enough to tell it was me coming through the door.”
Megan jumped up and began to pace the room. “Incredible work, Eric! What does the security guy need from us to turn over the video for the day of the rape? A subpoena? “
“Yeah. He said if you get him a subpoena with the dates you want to view and what floor you want the video from he can pull the files and email the videos to you.”
“The videos have the date and time on them when they were taken?”
“Sure do.”
Megan ran over to her laptop, flipped it open, pulled up a subpoena form, and filled it out while Eric gave her the info on the security guard. Then she emailed a copy to the guard as well as one to the clerk of courts. Since there was a pending case she didn’t need a judge to sign off on it.
“The subpoena is on its way. Great work, Eric. We’ve hit another home run.”
CHAPTER THIRTY EIGHT
“Where are we at on Lucy’s case?” Steve Windfield asked, looking at Megan across his desk.
Megan picked up her cup of coffee and took a sip. “I have some great news.”
Windfield’s eyes brightened. “Like what?”
Megan told him how she’d realized the police department would have a DNA sample for Tarkington from the mouth swab they did during booking.
Windfield grinned. “Excellent! When will we have the results of the DNA comparison?”
“I still haven’t gotten the DNA reports from the police department. After they come I’ll ask Martha Black”—Martha was a legal assistant in the prosecutor’s sex crimes division—”to ship them to Logistics to do the comparison. Logistics told her that would take them at least a couple of weeks. “
“Mattingly will throw a raging fit about admitting the DNA test taken by the jail.”
Megan nodded. “I would too. But with the latest Supreme Court ruling he’ll hit a brick wall.” She repeated what she’d said to Eric about Old Man Tarkington laying the groundwork for his own grandson’s conviction. Steve grinned at her and rubbed the side of his face.
Megan could see the wheels turning. He was thinking of all the ways Mattingly and Tarkington would try to block the DNA results from being admitted.
“I imagine they’ll hire several experts to say the testing wasn’t done correctly and it should be thrown out. “ Windfield tapped his pen on the desk.
“We’ll be prepared. Defense attorneys try that all the time but it’s hard to get the results blocked unless the testing agency is just a complete screw-up.”
Windfield nodded, leaned back in his chair, and folded his hands behind his head. “I love it when a case comes together,” he said with a big smile. “What else?”
Megan told him what Eric Covington had discovered when he went to the Towers. “I sent a subpoena to the apartment security guy and he’s sending me the videos. I’m hoping to get them any day. We should be able to show Tarkington coming home and Lucy arriving and leaving, how she looked when she arrived and how she looked when she left. I saw some of their security video from a different day and the footage was clear enough to get a good look at the person coming into the building. “
Windfield rubbed his hands together and grinned. “Mattingly and Tarkington will shit a brick.” He leaned over the desk and shook Megan’s hand. “Excellent work, counselor.”
CHAPTER THIRTY NINE
Megan looked at her calendar. It had been almost two weeks since she had requested the information on Lucy’s rape kit and Tarkington’s DNA mouth swab from the police department. She knew they were busy at the department but it would only take a few moments to pull the kit and Tarkington’s test results. She picked up the phone and punched in the chief of police’s extension. That was one thing about being at the prosecutor’s office—if you needed something it was usually only an extension number away.
“Police department,” a voice bellowed. In the background she could hear the loud voices of inmates and police officers reverberating off cement floors and metal counters.
“This is Megan O’Reilly. A couple of weeks ago I made a request to have the rape kit test results on Lucy Hatfield pulled and sent to me along with a DNA swab test that was done on Defendant Craig Tarkington.” Megan could hear the officer’s walkie talking chatting away. “I was calling to ask the status of that request.”
She waited while the officer radioed another division. She could hear a voice crackle through the static responding to the officer, but she couldn’t understand what the person was saying.
“Yes, Ma’am. Thank you,” the officer said. “Ms. O’Reilly, the lady I just spoke to said that you will need to talk to Chief Cutsinger about this. Do you want me to transfer you?”
Megan was at a complete loss. In all the years she had prosecuted cases she had never had to talk to the Chief himself about something like this. “Is there a problem?”
The officer didn’t respond to her question. “I’ll transfer you now.”
She heard a click and a series of noises and then the phone started ringing on the other end. “Chief Cutsinger’s office.”
Megan paused and gathered her words. “Yes, this is Megan O’Reilly, I was just transferred from the jail to speak with the Chief about a rape kit and an inmate’s DNA swab that I requested.”
There was an awkward pause. “Is this regarding the Lucy Hatfield rape kit?” the lady on the other end asked.
Megan told her it was and what she needed.
“Hold please.”
The line went silent.
“Hello Megan,” a deep voice boomed in her ear. It was Chief Cutsinger himself.
“Sorry to bother you, Chief. I’m not sure why the department felt it was necessary to put me through to you. I know how busy you are.” Megan went on to say why she was calling and what she needed. When she finished there was a pause—a pause she didn’t like. She felt in her gut that something wasn’t right. After what seemed like an eternity Chief Cutsinger spoke.
“Megan, I hate to tell you this.” He let out a sigh of frustration.
Megan could feel her heart begin to beat faster.
“We’ve had a terrible accident here at the department with the rape kits. You’ll be reading about it any day in the paper. It’s awful and makes us all look like incompetent public servants.” He paused. “I’m responsible as the Chief but I don’t know how it happened.”
“What’s the problem?’ Megan asked politely, trying to get him to cut to the chase.
The line was silent for several moments.
“The department accidentally destroyed quite a few rape kits. We had a lot of them that had been here forever and we needed the space. These kits were never even tested because the victims wouldn’t cooperate with law enforcement.”
“With all due respect, Chief, what does that have to do with Lucy Hatfield’s rape kit and the DNA swab test? She has cooperated with law enforcement and has a pending criminal charge against the defen
dant.”
The line was silent.
Megan’s patience was growing thin. The nervous energy coursing through her didn’t help any. “Chief?”
“When the old kits were destroyed some newer kits were accidentally destroyed as well.”
Megan felt her stomach drop.
“Lucy Hatfield’s rape kit was one of the ones accidentally destroyed.”
Megan was stunned. This couldn’t be right. What was going on here?
Chief Cutsinger said that it had simply been an accident and there was no other excuse he had to offer. “I can’t believe it myself. We aren’t the only department to have this happen recently,” he said apologetically. “ You’ll be hearing about several other departments experiencing the same screw-ups—accidentally destroying new rape kits in the process of getting rid of old ones.”
Megan could tell that he was genuinely upset. She had known Chief Cutsinger for years and he was always very professional. “I understand the kits were destroyed,” she said. “But was Lucy’s tested for DNA before it was destroyed? Do we at least have the test results?” Typically the police department didn’t drag their heels when it came to testing.
Silence.
“I’m sorry, Megan. No. It wasn’t tested. There’s nothing to give you. “
Megan leaned back in her chair and covered her eyes with her hands.
CHAPTER FORTY
Rape Kits Wrongfully Destroyed by D.C. Police Department, the headline screamed—front page, bold.
Megan was sick to her stomach. It had been less than 24 hours since her conversation with Chief Cutsinger and now, coincidentally, the media was all over the story. Megan read the Washington Post article again.
“Last week it was revealed that 25 law enforcement agencies in 14 states including the Washington D.C. Police Department destroyed rape kits in 400 cases before the statutes of limitations expired or when there was no time limit to prosecute.
Victim of the Defense Page 13
