Prime Witness (45 page)

Ingel slaps his gavel. “Enough,” he says. “We will take a recess. I will have counsel back in my chambers.”

“So what did you know and when did you know it?” Ingel is in my face. I am in the hot seat directly across from him in chambers. Lenore may have taken the witness, but it is my ass in the flames.

“Believe me, your honor, we had no idea. The county’s own medical examiner. The man has testified in hundreds of trials, an experienced expert witness. How could we know that he would do such a thing?”

I tell him that we prepped him in detail, went over his testimony carefully, that he never gave any hint, any clue, that someone else might have performed the Scofield autopsies.

“He signed the report,” I say.

“He signs all the reports,” snaps Ingel. “You could have checked the autopsy tapes,” he says. “It seems somebody had the presence of mind to do that.” He looks over, the slightest of smiles, a psychic kudo for Adrian.

Chambers sits next to Haselid on the couch in the corner, one leg draped loosely over the other. Strangely he does not seem to be enjoying this as much as I would have thought. He fidgets nervously, like he’s uncomfortable to be here. Maybe the bad blood is beginning to sour in his own veins, though I doubt this would stop him producing tainted testimony, if it served an end.

“You’re batting a thousand.” Ingel is seething over his desk. “So far you’ve managed to lose a vital piece of evidence, and trotted a lying son of a bitch up onto the stand in my courtroom.”

He ignores that this lying son of a bitch has been there, on a regular and repeated basis before, that the county may now have scores of tainted convictions. When this news gets out, the filing counter at the court of appeals will look like a gasoline line during an oil embargo.

“What’s in store for us tomorrow?” says Ingel. He’s looking at me intense, unremitting. “Perhaps doctored evidence?” He leaves me sitting there with nothing that I can say.

Goya jumps in the void. “The problem goes to the weight,” she says. Lenore means that Tolar’s testimony should not be stricken, that the jury should be allowed to hear what he has to say, to weigh it for themselves, considering his misconduct on the bench.

“He is still an expert,” she says. “He can comment on the autopsy report, his conclusions and opinions from reading the document.”

“Not likely,” says Ingel. “Not in my court. If he wants to talk about the four kids, that’s fine. Unless we find out he didn’t do those,” he says. He looks over at Chambers to see if Adrian has any contribution on this point. The lawyer shrugs his shoulders, an expression like maybe he should take the time to look.

“As to the Scofields, you can forget it,” Ingel says.

Adrian unfolds his legs and edges closer to the edge of the couch like maybe he thinks this meeting is over. Then he pipes in.

“Your honor, we’d like to renew our motion,” he says, “to dismiss the first two counts.” It is like Adrian to seize the advantage in a moment of crisis, to capitalize on Ingel’s anger. Though in his position, seeing the chance for a quick end, I would no doubt do the same.

The judge looks at him, drowning for the moment in his own wrath, he has trouble focusing on the change of subject.

“The lost piece of cord,” says Adrian. “We’d like to renew our motion at this time to dismiss the first two counts.”

“Not now.” Ingel brushes him off with the back of his hand, too busy chewing on my ass to be bothered with distractions. In a strange way I have been saved by the seething fury that now grips the Prussian, his eyes fixed on me. He dismisses the others, tells me to stay put. I am in for a tongue-lashing from hell.

“The biggest goddamned owl I ever saw.” This is how Denny Henderson over the telephone describes the great horned owl at the San Diego Wild Animal Park. “A wing-span like a B-fifty-two,” he says.

It is just after one in the afternoon. I am still smarting from the verbal battery administered by Ingel in our private meeting. He has threatened to bring me up on charges before the state bar, suborning perjury of a witness, notwithstanding that he has no evidence to support this charge, not the slightest inkling that I knew about Tolar’s lies. Within an hour I’m sure that his lecture will be the talk of the courthouse, chewed on by judges and their clerks. Such is the grapevine that grows in these places.

After kicking my ass the judge adjourned early. I can imagine the phone call he is having with Coconut across the river. Between the two of them, they no doubt are planning my future.

Lenore and I have a meeting with Ingel and Chambers at four, to go over jury instructions. This is a little premature, but Ingel has made it clear that nothing at the end of this trial is going to delay his vacation. Once the jury gets the case they’d better move quickly, or they’re in for a trip. I have visions of the panel, flowered leis around their necks, cracking coconuts and fingering poi during deliberations.

Claude is in my office. We are on the speaker phone. Denny has managed to find his way to this place, the Wild Animal Park in San Diego. He has spent the entire morning dogging the bird show, talking to the staff, the trainers at work, before he keyed on one guy. He is now at the San Diego PD.

“He doesn’t work there anymore,” he says. “Used to. His name is Cleo Coltrane,” he tells us. “They canned him last year. Wanna know why?”

“Tell us,” says Claude. Dusalt is in no mood for twenty questions. He sees his case twirling down the tubes.

“He’s got a record, two federal convictions,” says Denny. He reads us a section number from the U.S. Codes which he says comes off a rap sheet on the man Coltrane.

“What the hell’s that?” says Claude.

“Violations of the Endangered Species Act,” says Henderson.

“He worked at the park part-time, until the first conviction,” says Denny.

“He killed birds?” I say.

“No. In the two cases they nailed him on, he was caught taking rare birds from the wild, trapping them alive.”

Close enough, I think. All the pieces are falling into place. Scofield had somehow gotten a lead on this guy, and traced him back to San Diego and his place of employment. It is probably not a large fraternity, the people who deal in endangered species.

“Do they know where he is?” I say.

“Sure. Right now he’s sitting in a cell down the hall.” Denny sounds cocky as hell. I can picture him with his feet on somebody’s desk drinking coffee from a borrowed mug.

“You arrested him?”

This concerns me. We have no legal authority to hold this man. It would take a subpoena issued by a superior court judge coupled with some unwillingness on the part of the witness to comply before we could lawfully take him into custody, even as a material witness, for his own protection.

“Didn’t have to,” says Denny. “This guy was made to order,” he says. “Seems there was an outstanding warrant on a traffic violation. The cops down here are real nice, real cooperative.” What he means is any excuse to roust a necessary witness.

“Have you questioned him?” I ask.

“That’s the bad part. He denies knowing anything. The guy’d make a good mason,” says Denny. “He builds a real solid stone wall. Can’t get him to budge.”

I can imagine that with two prior federal convictions, Mr. Coltrane is not anxious to volunteer information about more. What he was doing in the blind that night could probably get him accommodations at one of the federal country clubs for at least a few years.

But right now I’m more interested in how I’m going to get him transported north, where Claude and I can maybe work our magic on him, a subtle psychic rubber hose.

I tell Denny to stay put, that I will call him back. I place a call to the district attorney in San Diego. He is out but I draw his chief deputy. I introduce myself. There’s some bowing and scraping here, the deputy extending professional courtesy unaware that I’m not really elected in this county. I let him live with illusions. I am on my hands and knees over the phone, the desperate suppliant. In five minutes I have walked him through our dilemma. He agrees to help, to serve a witness subpoena on our behalf. He will do it immediately if I can fax him a captioned copy along with a copy of the complaint in our case. I hang up, tell one of the secretaries what to do, and I call Denny back.

“Where’s your guy?” I ask him.

“Still cooling his heels down the hall.”

“Can you bring him in there so I can talk to him?”

“Sure.”

There’s a lot of noise on the other end, shuffling of feet, doors being opened and closed. Three minutes later the speaker phone is back on and I’m introduced to Cleo Coltrane.

“Mr. Coltrane?”

Some dead air, like maybe the guy doesn’t recognize his own name.

“Yeah.” A surly voice, standard fare in this trade.

“My name is Paul Madriani, Mr. Coltrane. I’m the district attorney of Davenport County. At the present time a witness subpoena is being received down there in San Diego to be served on you.”

Silence from the other end, some coughing in the background.

“Do you understand what I’m saying?”

“Umm umm.” I can visualize tight lips, like perhaps I have said the words that will give this man quick amnesia.

“We have reason to believe, Mr. Coltrane, that your life may be in danger, because of what you saw along the Putah Creek up here that night. You don’t have to answer any questions,” I say. “But I think you know what I’m talking about.”

Nothing but dead air on the line.

He is not likely to say things on the phone to me, which he would not reveal to Denny and others who are there, whom he can see, offering warm smiles and empty promises. This is just as good. Without specific confirmation that this is our prime witness, I need not comply as yet with Judge Fisher’s discovery order, to disclose the identity of this witness to Adrian and company. At this point Coltrane is merely a lead, though I can feel in my bones that he is more.

“Are you there?”

“Yeah.” More wary this time.

“I understand that you are being held on an outstanding traffic warrant. That’s not a serious charge, as you know,” I say. “Still it would cost you some money, maybe some jail time. I’m in a position to help you.” The prosecutor as Good Samaritan.

“I would be willing to talk to the district attorney down there to request that those charges be dropped, dismissed, if you will voluntarily travel north with my officer, under the subpoena to talk to me. Now I can’t guarantee that the DA down there will do this, but I think he will. I can get a firm commitment before you leave. Do you understand?”

“Yeah.”

“Now you don’t have to say anything when you get here, just listen,” I say. “I think you should be aware of what physical danger you face. You are not under arrest. I want to make that clear. We simply want to talk to you. Are you willing to do this?”

“Ah. Let me ask ya a question,” he says. “You gonna put me in jail up there?”

He should worry more about bright lights and sleep deprivation.

“No. We will fly you up here at our expense, a round-trip ticket, and put you up in a hotel.” I don’t tell him that he may be batching with Denny and a dozen other cops down the hall. Right now I have only one goal, to get him in my physical clutches. He can watch Jekyll turn to Hyde after he gets here.

“All I want to do is talk to you,” I say, like the spider to the fly.

Silence. He is weighing his options.

“If you don’t come voluntarily, we will simply wait until after your current problems down there are over and then we will have to serve our subpoena. Then if you don’t come, we’ll have to arrest you,” I tell him. I don’t explain that by that time the ship will have sailed, my case against Andre Iganovich will be history.

“Sounds like I have no choice,” he says.

“You do,” I say. “You can either come the easy way or the hard way.”

“I guess,” he says, “I’ll come up there.”

“Good,” I say. “They’re gonna put you back in the cell now, just for a few minutes while we make all the arrangements. I look forward to meeting with you.”

“Sure,” he says, his tone dripping with cynicism.

I let him go and Denny is back on the line. I hear the door close, probably behind Coltrane on his way to the cell. Denny’s snickering, a high-pitched giggle. “You should sell shoes,” he says, “suede loafers.” A lot of cackling from the other cops.

I give Denny a few quick final instructions. There’s one final afternoon flight from San Diego to Capital City. Denny’s not sure he can make it. If he doesn’t, he says it will be tomorrow morning before he can get Coltrane up here for questioning. I tell him to do the best he can, to keep us posted, and then I hang up.

“You think it’s him?” says Claude.

“Don’t you?”

He nods. “Doesn’t even ask why somebody would want to kill him. Isn’t that the first thing you’d ask if somebody told you your life was in danger and you didn’t know why?”

“You caught that, too,” I say. “When he gets up here we can test him. There are a few things to play with. Details only the man in the blind would know.”

Claude heads out to make travel arrangements for Henderson and get some sleep. It is sure to be a long night.

As the door closes to my office I am left alone for the first time since arriving at the office this morning, left to consider the options available to me, my back to the wall.

With Tolar imploding on the stand this morning, I have no choice but to play the long odds. I can no longer sit back and finesse the issue of the copycat killer. I must know before I go further whether Andre Iganovich is the Scofield murderer. Cleo Coltrane is my last chance to salvage this case, my reputation and perhaps my career.

It is a hunch, the longest of shots, but one based on the dissolute nature of Adrian Chambers, that the Russian’s Canadian alibi, Adrian’s coveted ace which to date he has managed to conceal from us, is cooked up.

I start to believe that I have been wrong from the inception, that there is no copycat, that for whatever reason Iganovich used a knife on the Scofields, killed them someplace else and brought them to the river. When I know the truth, I will know the reason. If Cleo Coltrane can identify Iganovich as the killer on the creek that night, then this prime witness will be my poison pill, something I can use to put down Chambers’s case, his theory of defense, like a rabid dog.