by Elaine Viets
“Incredible,” Lin said. “Let’s start with our two fire investigators, Laurie and Mo.”
The women spoke as a team. Laurie was precise and factual. Mo provided technical translations and comedy relief.
Mo began. “The prosecution said that Ms. Kendra Salvato poured gasoline on a sleeping Luther Delor, then lit it. The intense fire created a fireball that roared up to the ceiling, then bounced down, killing Mr. Delor and leaving Ms. Salvato covered with soot and blistering her fingers. Now that Mr. Jose Salvato has been arrested, he’s considered an accomplice. We don’t believe the facts support that theory.”
Laurie said, “The investigators came with preconceived conclusions, what we call expectation bias.”
Definitely described Jose and Kendra’s case, Angela thought.
Mo jumped in. “The detective and the fire investigator had their minds already made up: there was a gasoline container at the scene, they found some evidence that looked like gasoline had started the fire, they saw that video of Luther Delor acting like a drunken fool, and bingo—the Salvatos were guilty.”
Laurie continued the tag-team presentation. “The investigator did an excellent job of documenting the fire while it was active and then during the investigation. The evidence appeared to be properly collected and stored. He took samples and control samples of the carpet, bedding, and wall hanging.”
“It was flagged, tagged, and bagged,” Mo said. “It will stand up in court—and that’s important for your case.”
“About the fire itself,” Laurie said. “The victim’s house is of fairly new construction—less than five years old. It has concrete floors and cinder-block walls. Ms. Salvato said the bedroom door was closed at the time of the fire, and so was the master-bath door. This helped keep most of the fire contained in the master bedroom. The fire started slowly. Ms. Salvato said she woke up and saw some white smoke and a few flames on the polyurethane mattress. The fabrics on the bed and the hangings behind it were highly flammable silk. Ms. Salvato tried to wake up the victim but couldn’t. The fire spread quickly. When most people see small flames, they don’t think the fire is dangerous yet. They don’t realize how quickly the fire can grow and release its toxic gases.”
“Same with smoke,” Mo said. “People think white smoke isn’t as dangerous as black smoke. Not true.”
Laurie smiled at her colleague. “We estimate that within three to five minutes, there was flashover. The flames and smoke shot straight up the curtains behind the bed and hit the ceiling, where the temperatures reached about eleven hundred degrees Fahrenheit.”
“That’s hot,” Mo said. “Bodies are cremated at fourteen hundred degrees.”
“Everything started burning,” Laurie said. “By that time, Ms. Salvato had fled the room and made her way outside.”
Mo said, “The fire may have left Ms. Salvato’s brain deprived of oxygen. It consumes the oxygen in a room, and that can affect people’s motor skills—it makes them clumsy. It also affects their judgment. Plus, the burning mattress and other items can release toxic gases. Several witnesses said she didn’t tell anyone to save Luther right away and seemed hysterical or didn’t make sense. They believed she waited until it was too late to save Mr. Delor. But she may not have been clearheaded enough to say anything.”
Both lawyers—Lin and Monty—were smiling. Kendra’s defense improved with each sentence.
Laurie said, “As the report stated, the batteries were removed from the smoke detectors. Six detectors were recovered. We found fingerprints on the inside of three that match the prints on file for the victim.”
“Wait a minute,” Angela said. “Where did you get Luther’s prints? His hands were burned to the bone.”
“The techs recovered the victim’s prints from objects in his office,” Laurie said. “The victim had a history of careless smoking. We can’t prove that Ms. Salvato did not remove the batteries, but we can say the victim’s prints were the only ones found inside the smoke detectors.”
“Now we’re getting to the good part,” Mo said.
Laurie said, “The investigator found significant areas of large, shiny char blisters—what’s known as alligator char—on parts of the wood bed frame. In the past, fire investigators believed that alligator char meant an ignitable liquid had been used. But newer tests say there is no scientific evidence to support this.”
“You’ve seen alligator char in your fireplace,” Mo said. “When the investigator concluded that the alligator char was a sign gasoline had been used as an accelerant, he was using old, discredited science. That new research has overturned a lot of misconceptions.”
Except in the Forest, Angela thought, where misconceptions grow and thrive.
“The fire investigator found irregularly shaped patterns—pour patterns―on the burned carpet by the bed,” Laurie said. “He concluded that those patterns were the result of ignitable liquids.
“We also examined the remains of what appear to be a silver metal belt buckle by victim’s side of the bed. The buckle had his initials, LRD, on it.
“We examined samples of the burned carpet and unburned samples from the bedroom closet and concluded the patterns were caused by debris—in this case, the victim’s clothing on the floor in the area where the belt buckle was recovered. Also, the glue was improperly applied to the wall-to-wall carpeting, which created what looked like a pour pattern. The investigator also took samples of the burned mattress and bedding. We found no gasoline on any samples.
“Ms. Salvato was covered with soot, and her hair was singed because she tried—and failed—to wake the victim. She suffered smoke inhalation when she tried to run back into the burning house to save the victim.
“The investigator’s fatal fireball theory is ridiculous. If there really had been a fireball in that bedroom, it would have melted Ms. Salvato’s lace outfit, which was not made of fire-resistant fabric. She would have had life-threatening or even fatal burns over a substantial part of her body.
“We found no evidence of gasoline or other accelerant, and no evidence that this was an incendiary fire. Luther’s death was an unfortunate accident.”
“Then how did he die?” Angela asked. “Did he burn to death? Or did the smoke kill him first?”
Mo and Laurie smiled.
“Carol can answer that question,” Mo said.
Who killed Luther Delor?
Just when Angela thought she’d find out, Lin said, “Okay, everybody, let’s take a break and resume in fifteen minutes.”
The group scattered. When Angela returned from the bathroom, Mo Heedles was the only person in the conference room. Angela joined the fire investigator at the coffee urn. They drifted to the tall window.
“Did Carol tell you who killed Luther?”
“I didn’t see her last night.” Mo took a long drink of coffee.
“I’m glad you and Laurie found the evidence that she and Jose didn’t murder Luther in his bed.”
“Don’t get too excited,” Mo said. “Kendra still could have murdered him in bed. But she didn’t set it on fire. There’s always the old pillow over the face for a final exit. It would be easy to asphyxiate a drunk old man.”
“And nearly impossible to prove,” Angela said. “The evidence would be too delicate to survive a fire.”
“You mean the pillow burned up,” Mo said, “so there’s no DNA.”
“Right, but there’s also petechial hemorrhage. If Luther was smothered, he’d have tiny red spots from the burst blood vessels in his eyes and maybe on his face. Petechiae are hard to see under the best circumstances—and these are the worst. I didn’t see any when I did the body actualization.”
“At least the lawyers can create reasonable doubt,” Mo said.
Angela realized everyone was back seated at the table, with full coffee cups and refilled plates, waiting for the pathologist’s presentation. Both women sat down. Carol smiled, then said, “I’ll give you the highlights. The first autopsy concluded that Luther Delor�
��s blood alcohol level was 0.30. He’d had at least six drinks. His weight was estimated at about one hundred sixty pounds, based on his medical records. His exact weight is not known because parts of his hands and feet were partially consumed by fire, and the body mass shrinks in the heat. The victim also had advanced cirrhosis of the liver.”
“So if the fire didn’t kill him,” Mo said, “the alcohol would.”
“In my opinion, yes. Eventually.”
Wouldn’t the Forest love that information, Angela thought. “Our Luther” was a raging alcoholic.
“I do not dispute any of those autopsy findings,” Carol said. “We did not find any evidence that the victim had been using illicit drugs, though we did find significant levels of sildenafil. That’s Viagra.” She gave Monty a dazzling smile that faded slightly when she aimed it in Katie’s direction.
“Again, witnesses say—and the video shows—the victim took that drug before his death. According to his internist, Dr. Carmen Bartlett, she specifically forbade him to take Viagra. He was taking a number of drugs for his heart problem, including lisinopril, digoxin, and simvastatin. That last drug is for high cholesterol.
“The victim was wearing only underpants at the time of his death, and they were partially burned. My forensic colleagues tested but did not find any ignitable liquid residue. I did not find any on the body, which was badly burned.”
Come on, Angela thought. The fire investigators told us there was no gasoline on Luther. Let’s get to the news.
“We did not find any evidence of high levels of carbon monoxide in the blood or tissue. And no soot or smoke in various areas of the body, including the lungs, trachea, and bronchi, or in the victim’s stomach. Nor did we find any black soot deposits in the internal airways, which is often consistent with the victim breathing in a smoky environment.”
Which means what? Angela thought. Before she could ask, Carol skipped on. “We also tested for other toxic compounds which can be present. We found none.”
Katie looked pointedly at her watch. She was as impatient as Angela. Carol said, “The victim suffered second-, third-, and fourth-degree burns over a significant area of his body. Only parts of his pelvis and buttocks on his right side, which were in contact with the mattress, were not burned. In my opinion, the victim’s burns were not survivable.”
Angela felt her heart sink. Luther’s injuries were so horrible that the jury wouldn’t just give Kendra and her father the death penalty. They would burn them at the stake.
“However,” Carol said before pausing. “Luther Ridley Delor did not—I repeat, did not―die of his burns.”
This was news. Katie sat up straighter at the table. Mo and Laurie leaned forward.
“The victim had a massive myocardial infarction and was dead of a heart attack before the fire started. Ms. Salvato was unable to rescue him because he was dead by the time the fire started. The victim’s heart was significantly weakened by heart disease, by taking Viagra against his doctor’s orders, and by a high alcoholic intake. We believe he died while smoking, and his cigar set the mattress on fire.”
Mo said, “He was dead when the fire started?”
“That’s right,” Carol said. “No one killed Luther Delor. He had a massive heart attack, possibly from the Viagra, and he set his bed on fire when he dropped his cigar. His death is accidental, not murder.”
CHAPTER 31
Day twelve
“You can’t kill a dead man,” Angela said. “Kendra and Jose are innocent. The prosecutor will have to drop the charges, right?”
The defense team was at the conference table, which was littered with empty coffee cups and plates of half-eaten muffins. Lin had the chair at the head of the table.
Monty leaned forward. “Charges can be dropped by the prosecutor, but Mick’s a political animal running for reelection. Some powerful people want the Salvatos on death row. Who knows what he’ll do?”
“Both Salvatos are in jail,” Angela said. “Once Mick finds out Luther was dead when the fire started, can’t he just let them go? There’s no case.” She reached for her coffee, but the cup was empty. It would be rude to get more now.
“I’m not sure he’ll give up without a fight,” Lin said. “The charges can also be dismissed by the judge up until the jury announces its verdict. How does Mick get along with Judge Boareman? Does Chauncey toe the party line?”
“Boareman’s retiring soon, so he’s getting more independent,” Monty said. “He’ll be moving to Boca Raton this summer.”
“That’s far away from his cronies in the Forest,” Lin said. “Why not ask Boareman for a motion to dismiss?”
“On what grounds?” Monty said.
“Prosecutorial corruption,” Lin said. “You have a lot of corruption here. The defendants are clearly not guilty, and you have the forensic evidence to back this up.”
“And if the charges aren’t dismissed?”
“I think they will be. I’ll help you,” Lin said. “We can do a run-through here.”
All three experts—Carol, Mo, and Laurie—checked their watches. “Will we still have time to make our flights?” Laurie asked.
“This won’t take long,” Lin said. “Let’s get going. These motions are done in camera—in the judge’s chambers. This room is now Judge Boareman’s chambers, and he has his favorite court reporter present.”
“That’s Valerie Cannata,” Monty said. “She calls him ‘Judgie.’”
Katie snorted.
“I’m the judge,” Lin said. “Angela, you’re the prosecutor.”
“But I don’t know anything.”
“Perfect,” Lin said. “You’ve got the same qualifications as Mick. You and Monty will argue the motion in front of me and my court reporter. You don’t need witnesses.
“Now, Mr. Defense Attorney, do you have a motion before this court?”
Monty stood up, straightened his shoulders, and adjusted his tie: an actor getting into his role. “Basically, Your Honor, my investigators will testify that the fire that killed Luther Ridley Delor was started by the victim’s cigar that fell on his bed after he died. The fire was not arson. The conclusions of the prosecution’s witness—that my client poured gasoline on the deceased—are based on erroneous and outdated science. If she had actually done that, she would have been burned to a crisp. My experts will also prove the victim was already dead of a heart attack when his cigar started the fire. I’ve got an autopsy that shows that there was no smoke in the victim’s lungs from the fire. Both my clients are innocent. They did not start the fire, and they did not kill the victim. Furthermore, the prosecution has no evidence that my clients set the other three arson fires, except that Mr. Salvato and his wife, Graciela Salvato, knew the gate codes at two of three of the properties, through their businesses. These gate codes are available to numerous friends of the property owners, as well as workers, including mail carriers and UPS drivers. We ask the court that all charges against my clients be dismissed—murder in the first degree as well as the three arson fires—and save the State of Missouri the cost of these trials.”
Lin turned to Angela. “Madam Prosecutor, what do you have to say?”
“Your Honor, Dr. Evarts Evans is a respected medical examiner, and fire investigator Douglas Hachette did a thorough job of collecting the evidence. Their conclusions should stand. As for saving the county the cost of the trials, those are necessary for the public safety and in the interests of justice.”
Lin addressed the imaginary court reporter. “Let’s go off the record.”
“Now, Madam Prosecutor, you are going to waste a lot of the State of Missouri’s time and the State of Missouri’s money, not to mention a hell of lot of my time, on this case. Don’t you have an election coming up? How would it look if you brought this case to trial?”
Lin’s scowl was so realistic, Angela bit her lip to keep from laughing. “How about if you, Madam Prosecutor, file a motion dismissing both these cases with prejudice due to the finding of n
ew evidence? Then you, Mr. Defense Attorney, sign the motion, agreeing to it. You might even make a report to the newspaper that you are proud of the prosecutor for being fair and honest in this case, blah, blah, blah. You know. Similar to other bullshit articles you’ve snuck into the paper.”
Monty hid a grin. “Thank you, Your Honor.”
“Both cases are dismissed!” Lin stood up, too. The mock hearing was over.
“Monty, keep in mind that the prosecution can appeal the court’s granting of the motion to dismiss,” Lin said. “The judge can do lots of stuff—unless it’s illegal or unethical—that may or may not be approved of by the court of appeals later on. But I think you stand a good chance of getting dismissals.”
“Can that really happen?” Angela asked.
“If we’re lucky,” Monty said. “And the judge grants both motions.”
“How soon can you have the hearing?” Angela said.
“As soon as the prosecutor and judge agree. This afternoon, if I’m lucky. After I deliver our experts to the airport, I’ll start the process.”
Katie was throwing notes and papers into a leather case. “I’d better beat feet to the ME’s office to tell Evarts. If he hears the news first from the clerk, he’ll rip me a new one. There’s no way I can soft-pedal this.”
“You worry too much, Katie,” Monty said. “If the motion is granted, Evarts will be too busy trying to spin his screwup. Priscilla, Eve, and the Du Pres family will be outside his office with torches and pitchforks.”
Lin shook Monty’s hand. “Good luck, Monty, and let me know what happens. If he dismisses the murder charges, I’m off the case. You know how I feel about the death penalty.”
The three experts started to stand, too, but Angela said, “Wait! Before everyone leaves, I have a quick question for our fire experts.” Lin stopped at the door to listen. “Chouteau County has been hit with a series of incendiary fires—arson fires.”