by Dan Decker
Cooper probably wanted to cooperate so he did not seem guilty, but with a dead body, even innocent statements could be easily misread.
I turned off my phone ringer and slipped it into my pocket. I hesitated at the door to the stairs, trying to figure out the right way for me to handle the situation.
As I took the stairs down I set my face and went over my objectives.
I hoped they would not arrest him and that there was ample evidence he was not involved, but I could not afford to make those assumptions.
I had to assume that as soon as I got down there, they would have him in custody and that things would quickly spin out of control from there.
On the landing of the fourth floor I turned the doorknob and found it locked.
Cursing, I went back up to the fifth floor and was relieved when I was able to get out of the stairwell. I went to the elevator and called it, pressing for the button on the fourth floor when I got inside.
I had hoped to just slip onto the floor unannounced, thinking they might not have thought to check the stairs, but it looked like I was going to have make a grand appearance.
Best to make the most of it.
The officer from before was waiting for me when the elevator door opened.
I stepped off and gave him my most disarming smile.
May 29 - 4:37 am
“What are you doing here?” The officer demanded. “I thought you were going to the fifth floor?”
“Wouldn’t you know it? I am looking for room 418. “Kind of a big coincidence, don’t ya think?”
What happened to being more conciliatory?
Forget it. I’m tired.
I kept my smile plastered on my face as the elevator door shut behind me. The officer looked like he wanted to throw me back. I intentionally held my hands out to the side with my palms open so there could be no mistake that I intended him no harm.
“I am looking for Timothy Cooper, have you heard of him?”
“Timothy Cooper is not available.”
I furrowed my brow. “Is he under arrest?”
When the officer did not respond, he knew that I had him. I glanced down the hall and did not see any crime scene tape between me and room 418.
I started forward, letting the officer catch up to me. He growled and was soon by my side.
“This is an active investigation. You cannot interfere.”
“Who said anything about interfering?”
“Why are you here?”
“I have been retained as an attorney by somebody who has an interest in this matter.”
“Timothy Cooper.”
I shrugged. “I do not have authorization from my client to reveal his or her identity. Sorry.”
I was tempted to increase my speed but refrained, not wanting to make the officer any warier than he already was. The man looked like he was about to pull his gun. I could not wait for him to do so, I’d have a field day with that. I probably wouldn’t even report him for making such a fool move, it would just be one more piece of leverage I could put into my bag of tricks.
“You must stop. This is an active crime scene.”
“I do not see any police officers. There is no yellow tape. And I have been invited down the hall by somebody who has the right to be here.” I shrugged. “I would really like to help you, but I do not see evidence to back up your claim. My client has requested I be here and as an officer of the court I am duty-bound to respond to his wish.”
“Interfering with an investigation is a crime.”
I did not stop, though I knew he wanted me to. He was hoping to scare me, but he did not know who he was dealing with. “I am not interfering with any investigation. Do you have evidence of a crime being committed in this hallway? If so, what crime was committed?”
The officer almost swallowed his tongue as I continued on, wondering how on earth Timothy Cooper could have been mixed up in something like this.
Drugs. It is always drugs.
It was sad but true. Most violent crime had drugs as the core cause.
Timothy Cooper the drug addict, never would have figured. Just goes to show you cannot tell what somebody’s into just by looking at them.
The officer reached out and I thought he was going to grab me but at the last moment he pulled back and just glared instead.
Come on pal, I dare you.
We were ten feet away from 418 when the door opened and the paramedics came out with somebody on the gurney.
The face was covered.
Timothy Cooper’s roommate had been pronounced dead. I had expected as much but some people survived gunshots to the head, though it was very rare.
I moved to the side but did not stop as the paramedics approached. When I met up with them I pressed my back flat against the wall but continued to shuffle forward. I could tell the officer was hoping that they would stop me, but I kept on.
After the paramedics had passed, I moved back to the middle of the hallway and stopped at the door of 418.
The officer ran to get in front of me, nearly tripping but catching himself before blocking my path to the door.
“That is an active crime scene. You cannot enter.”
“Is Timothy Cooper in there?”
“You cannot go in.”
“Is Timothy Cooper in there? I need to talk to him.”
“You cannot go in.”
“You have said this already. I understand. I accept the possibility that room 418 could be a crime scene that is undergoing active investigation though it does not have police tape cordoning it off. However, if Timothy Cooper is in there, I would like to speak with him. Please go in and tell him.”
“I am not your messenger.”
I ducked past him and rang the doorbell. “No worries, I will do it myself.”
“You should not have done that. This is—”
“—an active investigation. I understand. I am not trying to interfere. I am just trying to have a conversation with Timothy Cooper. Will you please tell him that I am here? If you do not already know his whereabouts, please find out.”
This man was testing my resolve to be pleasant and amicable. I was going to have to start getting nasty if he did not become more helpful.
The officer opened his mouth, no doubt to inform me that this was an active crime scene again, when the door behind him opened.
It was Timothy Cooper.
May 29 – 4:42 am
“Timothy,” I said as pleasantly as possible, keeping my smirk from showing while avoiding eye contact with the officer. “May I have a word?”
Timothy looked from me to the officer before stepping out into the hallway. He was followed by a detective and this was somebody I knew.
Stephanie Gray.
“I should have figured to see you here,” Stephanie said. “Is Cooper your client?”
“I am not at liberty to discuss arrangements with any of my clients prior to authorization from them.” I smiled. “You know that.” Gray and I had graduated law school together. Even though she had passed the bar and held an active license, she was more interested in being a detective than a lawyer. Law was something that had to be in the blood.
Some had it, some didn’t.
“It’s okay,” Timothy said. “He is here for me. I called him. Given the circumstances I felt it best to retain Mister Turner to represent me on this matter.”
“I already told you,” Stephanie said, reaching out and touching his arm as if she were concerned about him. To me it was an obvious ploy but Timothy seemed taken in by it, perhaps because of the way she smiled. “We do not suspect you. There is nothing for you to worry about. We just have a couple of routine questions.”
In other words, send away your attorney, you don’t need him. I repressed a snort and hid an appreciative smile. She was good. I could never understand why she had not pursued a career as an attorney. She had all the skills necessary and could be very persuasive. I even remembered somebody in law school confiding to me that th
ey hoped to never be on the other side of the aisle from her because they didn’t think they could measure up to her.
Everybody likes to think that an attorney’s presentation, poise, and charisma doesn’t matter—or at least shouldn’t—but that’s pure fiction. It ignores the real world; the way things actually work. A great attorney isn’t going to get a man free who has plenty of evidence against him but it certainly helps in those cases that aren’t clear cut, which is most of them.
Nobody could say Stephanie was not good at her job.
“It is okay, Stephanie,” I said, “I have it from here.” I found it much easier to be kind to her.
My words threw Stephanie off but only for a moment. “Timothy, you have not been charged with anything. We just need to answer a few questions.”
Timothy looked like he had been caught in the headlights.
“Timothy,” I said, “may I have a word? You can answer her after we talk.” I held up a finger toward Stephanie. “It will just be for a moment. Surely, you don’t want to deny somebody the advice of counsel, do you?”
I stepped forward and took Timothy by the arm as Stephanie wrapped her hand around the other in a most familiar way. For a single man who would never have a chance with a woman like her, it was basically a death grip.
Our eyes locked onto one another and I held her gaze for a long moment.
“Stephanie, I appreciate you taking such good care of Timothy. You appear to truly be doing a good job at looking out for his interests. I just need to talk to him for a couple minutes, it will not be long. If he wants to talk with you after I am done, I won’t stand in his way.” My words had been friendly enough but Stephanie knew exactly what I was trying to do, just the same way I knew what she was up to.
“Really Timothy, this is not necessary,” she said. “You are not being charged with anything. We just need to know more about the facts. If you go talk with your attorney, it does not look good.”
I snorted, this was crossing the line. “The last time I checked this was still the United States and he is still presumed innocent. Talking to an attorney is not evidence of guilt.” I thought about adding more, but looked right at Timothy instead. “You know this. Do not let her get to you.”
“I don’t know,” Timothy started to say but I went right over him as I dragged him away from Stephanie.
“It ain’t no thing. We will be just a minute. You can do anything you want after I talk with you. It is your legal right to speak with an attorney. You woke me up in the middle of the night to get me out here, the least you can do is hear me out. You’re already paying for this time, you should make use of it.”
Stephanie still had a hold of his other arm and I was about to give him a good yank when she finally relented and let go. She muttered something that I was not able to make out, but it sounded an awful lot like “stupid defense attorneys.” If Timothy heard it, he did not have a visible reaction.
Rather than coming up with a plucky rejoinder, I just smiled as I led Timothy down the hall, feeling with every step like I had to drag him.
Stephanie and I had a history that was not all bad. I figured that deep down she still remembered some of it.
At the end of the hall I turned to make sure there was not anybody nearby. When I spotted a camera overhead, I decided to get Timothy offsite for a proper conversation. Attorney-client privilege or no, I would be careful with anything I asked him until then.
“Have you had second thoughts about retaining me?”
Timothy stared at me for a long moment before studying Stephanie. “I don’t know. I am confused. She says I have nothing to worry about and that she believes my story. Maybe it was a mistake reaching out to you. I have an alibi and everything. I was out late studying and didn’t get back until right before I texted you. For crying out loud, I called them! She has not even asked tough questions or made accusations.”
I let out a low chuckle, my response taking Timothy off guard. “You can do what you want but you did wake me in the middle of the night, that was your instincts talking because something about the situation was off. You should listen to them. I also do not like wasting my time. I can help you with this situation. I can guide you through but you have to want me to help you. Otherwise, I am going to go back to bed and will turn off my phone. You can deal with these people all by yourself. Whatever you may be thinking, trust me kid, you are not prepared to do that. A semester and a half of law school has not prepared you for this.”
Timothy opened his mouth but I continued right over the top of them, nodding my head back at Stephanie. “She does not believe anything. She is a professional skeptic. She almost certainly thinks you did this. If she did not, she would not be so nice. She is trying to get you to slip up and say something that she can take out of context and use to arrest you. If you think she is your friend, then go ahead and go work with her but I see nothing here but typical police tactics. There is nothing out of the ordinary about anything they are doing or saying. They’re trying to make you feel like this is a special situation, but it is not. This is stuff they say to everybody.” I shrugged. “But by all means this is your call, just don’t forget your attorney advises you against it.”
Timothy ran his hands through his hair, knocking his glasses askew on his head. After he had righted them on his nose, he looked at me.
“Are you sure? It seems like it would just make the situation worse by shutting up.”
I groaned inwardly, but kept it from showing on my face. He did not even have basic criminal defense attorney instincts.
Why did this kid apply for a job with me?
More to the point, why did I hire him?
I could still be at home sleeping.
This was much more difficult because he thought he was smart enough to handle the situation. It would have been a lot easier if he had not said a single word and simply lawyered up. Despite Stephanie’s words earlier, reaching out to an attorney was not evidence of guilt. It would never be admitted into a court of law. Perhaps it might make the police look at you a little more, but speaking through an attorney would protect a person better in every circumstance I could think of.
And this guy wants to be a defense attorney himself?
He wouldn’t last two months.
During my job interview with him, I had been surprised when he said he wanted to practice criminal law. I had assumed he was just doing this to learn a little bit about something he never intended to practice, kind of like how I had worked for a family law attorney in law school.
Timothy had been dead serious.
Part of me had hired him to disabuse him of the notion. He was not cut out for this line of work.
A transactional attorney?
Sure.
But this?
Never.
The prosecutor’s office would not hire him in a million years. I had probably given the man hope. And in any case, the decision to hire him was what had led me here tonight.
“There are very few cops who search just for the truth. Most of them form a snap judgment and spend the majority of their time trying to prove it. The moment they walked into that apartment and saw you, they made a decision as to whether you were guilty. Now everything they have done since has been to collect evidence to prove their theory.
“Whatever you have said has already been too much. I am going to give you a couple moments to think this over, but I’m telling you that you’re making the wrong decision if you cut me loose.”
I walked away without waiting for an answer, leaving him at the end of the hall to mull over his thoughts. I could not believe he was as daft as this, but should not have been surprised. He still believed in the virtue of law enforcement.
While I thought some of them were okay, I knew it was human nature to make mistakes and form biases. And regardless of whether they were good or bad people, a subconscious bias played a huge role in the way they handled their investigations.
Always.
It was
human nature to look at a situation, form an impression, and look at everything from that perspective, sometimes even ignoring better evidence that went a different direction.
Stephanie was a good detective, probably one of the best, but even she had her own bias. I was positive she thought he did this and was trying to get him to confess or at least say something that would give her probable cause to arrest him.
I turned back to Timothy. “Wait for me to come back. We’ll talk some more in a moment. Think this through carefully. Put on your lawyer hat, kid.”
Stephanie had gone back into the apartment, but the surly officer was waiting outside.
“Is Detective Gray still inside? I would like a moment with her.”
The cop opened his mouth, but Stephanie stepped out.
“What do you want, Mitch?” Her eyes narrowed when she looked down the hall at Timothy and I knew my assessment of the situation was dead on.
I hoped Timothy would make the right decision. I did not think he was capable of shooting his roommate in the head, but I knew him. Stephanie did not know anything about him, all she knew was that there was a body on the floor and she needed to pin it on somebody. Timothy was a likely candidate, seeing as how he had lived with the guy.
“How have you been?” I asked with a smile that I hoped reminded her of happier days back in law school. I was glad Britney was not around to see, it might have made her cringe with jealousy.
Her eyes narrowed further when she looked at me, the exact response I expected from my open and friendly smile.
It was Stephanie who had broken things off back then.
I was quite confident she had regretted it afterward, never mind the fact we were diabolically opposed in our professional choices. I liked to smile at her, not only because it threw her off balance, but because it was fun to make her squirm.
“Timothy is okay on this,” she said. “We know he did not do it.”
“Of course,” I said. “He is a good kid. I have been impressed with his work at my law firm. He gets straight A’s and is likely to be on law review next year. Trust me, this is not your guy.”