Close Case (2 page)
Authors: Alafair Burke
—Michael Connelly
“A bold, brash entry into the world of crime fiction,
Judgment Calls
is strong, smart and shocking. Alafair Burke has been on the front lines in the courtroom and on the streets, and brings her world alive in this exciting first novel. A powerful debut from a talented newcomer.”
—Linda Fairstein
“Alafair Burke is, without question, a new writer to watch.
Judgment Calls
is a remarkable debut—a skillfully told tale with memorable characters and plot twists that will keep readers involved from the first page to the satisfying end. Take this one home with you—you’ll enjoy it, and not many years from now, you’ll be able to tell your friends that you knew she’d be a star when you read her first book.”
—Jan Burke
For my remarkable grandmothers,
Mrs. Margaret Pai and
Mrs. James L. Burke, Sr.
He called it quits earlier than usual. He’d heard about the troubles downtown, but in Northeast Portland the streets were quiet. Cruising his contacts and getting nowhere was discouraging. Less admittedly, it was disconcerting. He couldn’t help but wonder whether sources were mum because they had nothing to say or because they were nervous.
The truth was, he was worried too. As he drove the familiar route back to his condo, he found himself watching the rearview mirror for headlights. He also kept an eye on the speedometer, even as cars passed on either side. He was tired of cops pulling him over for speeding while he was following the traffic flow.
It wasn’t like him, but damn if this one wasn’t getting to him. He had the confirmation he needed, but he’d been holding off, trying to decide whether to keep his mouth shut or go forward. But it was time to put an end to this bullshit. Laying low was for punks. Here he was, watching his back while he’d been spinning his wheels. Tomorrow he’d go with what he had. He’d dealt with worse and lived to face the day.
When he could see the lights of the Burnside Bridge glowing over the still Willamette behind him, he felt some of the tension ease. He was on the west side now, almost home. He continued monitoring the mirrors for lights as he climbed the steep hill to Vista Heights, looking forward to a quiet night alone. A little ESPN, then the clean sheets he’d placed on the bed that morning, would hit the spot. In the morning, he’d start taking control. Rise up and get this motherfucker over with.
He’d given so much attention to the approach of other cars that he didn’t notice the feet step from the parking lot into the darkness of his carport.
“Nice car, Snoop,” he heard, as he climbed out of his Benz.
Three minutes later, he felt a pool of his own blood warming the cement beneath him. He thought about his phone, still in the car, but knew he would never get to it.
I’ll be fine,
he told himself.
Someone’s calling for help, and by this time tomorrow I’ll be writing a story about this shit.
Hotshot reporter Percy Crenshaw died on the last day of my thirty-second year.
I’m crystal clear on the timing, because I remember precisely where I was when I got word the following morning. I was slogging away in the misdemeanor intake unit, issuing criminal trespass after criminal trespass case, thinking to myself,
This is a shitty way to spend my thirty-second birthday.
The way I saw it, I had no business working at intake. I have been a prosecutor for seven years, three federally as an Assistant U.S. Attorney in New York City, and four in my current position as a Deputy District Attorney for Multnomah County. Only someone with a local connection would know where Multnomah County is, let alone how to pronounce it. It’s the county whose seat is Portland, Oregon, the rainy city in the Pacific Northwest. Not the big one with the needle in the skyline, the smaller one south of there.
Before hearing the news about Percy, my big complaint of the morning—and the reason I was at intake—was the protesters. Outsiders might not recognize the county name, but they know about these people, even if they’ve never made the Oregon connection. My hometown’s protesters are the same nuts who stirred up the masses outside the World Trade Organization talks a few years ago. In a smaller local show, they tried to make a lost point about our soldier-a-day situation in the Mideast by upchucking red, white, and blue ipecac when the President showed up for a campaign stop. Some of them are rumored to be responsible for the arsons in California targeting suburban housing developments and SUV dealers.
The political causes may vary, but one thing remains the same: These kids love to protest. And the night before my birthday, the chosen cause was the fatal shooting two weeks earlier of Delores Tompkins, an African-American mother of two, by a patrol officer with the Portland Police Bureau. Like all police shootings, the Tompkins case would be presented to a grand jury before any official determination was made regarding justification. Unlike most, however, this one’s purpose would not be simply for appearances. Tompkins had no criminal history, was unarmed, and was shot through the windshield of her car during what should have been a routine stop. And, as often seems to be the case with these things, the police officer in question, Geoff Hamilton, was white.
As the newest member of our office’s Major Crimes Unit, I was not working on the investigation into the Tompkins shooting. But even I could sense a more than theoretical possibility that our office would be going for charges against Officer Hamilton. The public must have sensed it too. With each day since Delores Tompkins’s death had come another related event—a prayer vigil, a town meeting, a conference with the police commissioner—each occasion an opportunity to apprise the city that its small community of color was fired up and paying attention. And as their message trickled its way each morning into a new edition of the
Oregonian,
the odds of an indictment reading
State of Oregon v. Geoffrey Hamilton
increased just a little more.
Until the Sunday night before my birthday, however, the pressure to indict had been quiet, subtle, and largely behind the scenes. All that changed when the state’s band of semiprofessional protesters selected Delores Tompkins as their cause du jour, drawing a riled-up crowd of several thousand downtown on Sunday afternoon for a hastily planned March Against Racism. Supporters of the police bureau organized a counterprotest, not because they were marching
for
racism but because they interpreted the anger over the Tompkins shooting as a general attack on law enforcement. When a pack of militia types from eastern Oregon announced that it would piggyback onto the counterprotest, downtown Portland became the official magnet for every disgruntled wack job in the region.
At last count, the bureau had arrested 212 protesters for various counts of criminal trespass, reckless endangerment, vandalism, and disorderly conduct. Clashes among and between opposing political groups and police officers continued until 2
A.M.
And, on Monday morning, extra available bodies in the District Attorney’s Office—including mine—had been summoned to misdemeanor intake for the overload.
So that’s why I was at intake when I found out that hotshot reporter Percy Crenshaw had been killed.
“This is a shitty way to spend my thirty-second birthday,” I said, this time not to myself but to Jessica Walters. Jessica was the head of the District Attorney’s Gang Unit. She had just walked in, forty minutes behind me, grande mocha latte in hand, trademark pencil tucked between her pearl-studded ear and her sporty frost-tipped haircut.
“Could be worse, Kincaid. I got ten years on you, it’s not even my birthday, and I’m stuck drinking decaf because of this little fucker.” She gestured with her Starbucks cup at the swollen belly hidden beneath her black maternity pantsuit. Leave it to Jessica to find a way to drop the f-bomb as a maternal term of endearment. “I guess intake is Duncan’s idea of a reward for coming in early.”
The boss of all the bosses, District Attorney Duncan Griffith, had left an office-wide voice mail for all of his deputies that morning. The gist: Intake needed help issuing custodies from Sunday night. The rule: The first deputy to arrive in each unit was to report to misdemeanor intake immediately to help, unless the lawyer had a trial scheduled to go out.
It takes a lot to make me yearn for a trial, but that did the trick. Doing someone else’s work is bad enough, but this was mundane stupid busywork. Not to mention the fact that the intake unit was located in the Justice Center, two blocks from the courthouse, so in this case doing someone else’s work had started with a walk back out into the rain.
“I guess the early birds really do get the worms,” I said, handing her a misdemeanor intake file. “When I got the boss’s message, I was tempted to hightail it out of the courthouse. Let someone else take the bullet.”
I left Jessica with the misleading impression that my conscience had gotten the best of me. In truth, it was my paranoia, combined with my ignorance of technology. For all I knew, Griffith could be keeping track of who had logged in to voice mail and in what order. I didn’t need to furnish him yet another opportunity to accuse me of not being a team player. Or, better still, to unleash my very favorite motivational phrase: “There is no ‘I’ in
team
.”
Maybe not, I say, but there is a
me,
and that “me” had little interest in churning out another misdemeanor complaint. Jessica Walters, on the other hand, had little sympathy. “Cut your whining. If I can pull this duty, you can suck it up for one morning.”
Known in some circles as Nail-’Em-to-the-Wall Walters, Jessica was a career prosecutor, a fixture in the office for nearly twenty years. Before her promotion to supervise the Gang Unit, she’d preceded me as the only female lawyer in the Major Crimes Unit, handling some of the toughest capital murder prosecutions in the state. She was right. It had been only six months since my promotion into MCU. If she wasn’t too good for intake, I guess I wasn’t either.
I counted another four files from the large stack we were facing, handed them to her, and then plucked out five more for myself. “Want to race to make it interesting? Winner on each set of five cases buys a drink?”
“Rub it in, Kincaid. You have no idea how much I miss my amber ales.” She looked down again at the contents of her maternity suit.
“Sorry,” I said sheepishly. “Starbucks?”
“You’re on,” she said, opening the first folder.
Jessica and I
each
issued fifteen separate cases in the next fifty-six minutes. I won two prosecutorial sprints of the three. A quick read of the police report, a few taps on the ten-key pad for the badge numbers of the arresting officers, and a few more strokes for the applicable sections of the criminal code, and—voilà!—out popped a criminal complaint.
If the pace seems callous, don’t blame me; blame the system, at least when it comes to issuing custodies. These are the cases filed against suspects who were booked the previous night. If a custody case isn’t ready for arraignment by the time the suspect is called on the 2
P.M.
docket, the court cuts the suspect loose. Free lattes weren’t our only motivation for rushing.
As eight-thirty was rolling around and the rest of the office was finally strolling in, a young woman I recognized as the intake unit’s receptionist interrupted our case-issuing sprints.
“You’re Kincaid, right?” she asked.
I nodded, scrawling my illegible signature at the bottom of yet another complaint.
“You’ve got a call from an officer. I’ll transfer it back,” she said.
“Who is it?” I asked.
“Who pays attention? They asked for you, though.”
“Thanks a bunch,” I muttered, under my breath. I couldn’t figure out who would be calling me at intake, but for the moment it was an excuse to ditch my post, at least for a few minutes.
I picked up the transferred call. “Kincaid.”
“Good morning, Ms. Kincaid. It’s Jack Walker.” Otherwise known as one of my favorite Major Crimes Team detectives. “So my sources were right. You’ve worked your way all the way up into the glorious misdemeanor unit.”
“Rumor’s out already, huh? You calling to gloat?”
“I’m busting you out of there. We got a body up in Hillside. I’m told you’re our gal.”
“Yeah? By whom?”
“That’d be one Senior Deputy District Attorney Russell Frist.” He enunciated my supervisor’s name in the deep booming staccato voice used widely in law enforcement circles to mimic Russ Frist. Apparently Russ had decided this call-out would be mine.
“You need me to come up there?” I asked.
“Definitely,” he said. “This one’s gonna be a doozy.”
As my Jetta putted up the steep incline on Burnside toward what Walker had helpfully described as “the parking lot of those big pink condos,” I considered the scenarios possibly awaiting me at the top of the hill—none of them good. Protocol requires the bureau to connect with our office immediately on every new homicide, just to be sure a DA works the case from the start. But most cases don’t warrant the physical presence of a prosecutor at the crime scene. What made this one so special?
When I turned into the parking lot of sprawling Vista Heights, I silently cursed Jack Walker. There must have been eight hundred condos perched on the overlook above northwest Portland, surrounded by acres of parking lot. I cruised the main road surrounding the complex—as well as its various offshoots—at a steady five miles per hour, thanks to the frequent and enormous speed bumps spread throughout the property. I finally knew I’d reached the right place at the dead end of one of the side roads when I spotted a flurry of cop activity behind the familiar yellow crime-scene tape.
I found an open spot, grabbed my briefcase, and climbed out of the car, cinching my raincoat more tightly around me. It was the first week in November, and the autumn dampness had already begun to settle into the air and into my bones.
As I walked across the parking lot, I noticed neighbors peering from behind their blinds at the obvious bustle. A few had stepped outside their condos, some still in robes and holding coffee cups, trying to ascertain what could have brought so many uniforms and marked vehicles to this quiet enclave.
The learning curve in the Major Crimes Unit had been a steep one, and by now I knew the ropes on a call-out. I showed my badge to the officer monitoring access at the scene, watched as he logged my entry onto his clipboard, and then ducked beneath the tape that roped off about a quarter acre surrounding an open carport.
Jack Walker caught sight of me in his periphery and waved me over. He stood with his partner, Detective Raymond Johnson, in front of a black Mercedes S-430 sedan. The personalized plate read
SNOOP
. Even in a lot stocked with late-model yuppie-mobiles, that one stood out.
As I approached, I saw two crime-scene technicians rise from where they must have been kneeling next to the front driver’s-side tire. A blur of crisp white linen flashed between them; then they carefully maneuvered a covered gurney through the tight corner in front of the vehicle. I nodded as they passed on their way to the medical examiner’s van.
Johnson and Walker met me just outside the carport. Some of the other detectives referred to the pair as Ebony and Ivory. Even beyond the obvious contrast in melanin, the two couldn’t have been more divergent physically. Walker wasn’t much taller than my five-eight, but about twice as wide, testing the buttons of dress shirts that were almost universally short-sleeved. Johnson’s frame, on the other hand, was tall, fit, and always tucked neatly into whatever suit he’d brought home that month from the Saks men’s store.
Regardless, the partners were two peas in a pod. I couldn’t imagine them working with anyone but each other.
“So who’s our dead guy?” I asked, glancing back at the techs loading the gurney into the van. The MCU culture required a kind of nonchalance toward death—or at least the appearance of it.
The two detectives exchanged a glance. Using whatever silent language partners tend to share, they must have decided to let Johnson break the news.