38
Baldwin had no jurisdiction over the Clark County Sheriff’s Office. Though popular movies and television shows liked to portray the FBI coming in and taking over a case, the truth was that cases fell within whatever jurisdictions they fell in, and any outside law enforcement agencies that wanted to be involved had to work with the agency that had jurisdiction or go rogue and conduct their own investigations—which more times than not blew up when leads were hoarded and offenders slipped through the cracks.
Detective Kristen Reece was sitting in her cubicle in the Missing Persons Bureau of the LVPD when Baldwin walked in. She looked up from her computer and chuckled.
“I didn’t know Brad Pitt was in town. You researching a role? ’Cause tell you what, I’ll give you a personal tour of this city like you ain’t never seen.”
Baldwin grinned as he sat down across from her. He glanced behind her to her marksmanship awards and noticed several more since last time he’d been here.
“Is that an MSRA award?”
“Sure as shit is. First woman ever to win it. Pistol and rifle.”
“No shit?”
She leaned back in her seat. “Marines, baby. Deserve somethin’ for almost dyin’ in that desert over some rich man’s oil.” She watched him expressionless a moment, and then slowly a smile came to her face. Baldwin got the impression that she, unlike many people who simply said the words, did genuinely miss seeing him. “Forget that shit. It’s a beautiful day and I got a handsome man in front of me. What can I do for you, Agent Baldwin?”
“You’re the assigned detective on a case I’ve been looking into on my own.”
“Your own?”
He nodded. “My ASAC is trying to get me into white collar and away from Behavioral Science and Violent Crimes. He’d shit a brick if he knew most of my day was spent chasing down leads on this one case.”
“Which one?”
“Harmony Pharr. She’s attached to the Crimson Lake Executioner.”
Reece nodded. “I know the case. Disappeared from her tree house. Thank you for that, by the way. Who the hell knows how long it woulda been before someone found her phone and the other shit back there.”
“Don’t mention it. I just need to know if . . . everything that can be done is being done.”
“You mean you wanna see if I’m screwing up the case at all and if you could do better?”
They both smiled at each other.
“We known each other too long for bullshit, Cason.”
“I trust you fully. There’s maybe five people I can say that about. But this one has . . . it’s gotten under my skin, and I don’t know how to get it out. I think you could be Sherlock Holmes and I’d still be sitting in this chair asking you what’s going on with the case.”
“Oh,” she said knowingly, “one of those. I see it a lot with detectives who’ve never worked juvenile crimes before and they suddenly get a pedophilia ring or human trafficking syndicate thrown in their lap. They don’t realize evil like that really exists in the world.”
“Evil like what?”
“Like the kind that looks for the most innocent and rips them apart for pleasure. It’s some biblical shit, Cason. Sodom and Gomorrah. You never worked a child murder before, right?”
“One case. It didn’t sit well with me then either.”
She sighed. “My advice? Give me what you got and forget about it. You’ve already done enough. Because of you we know where she was taken and when. It’s a good start. Just let me handle it.”
Baldwin nodded, wiping some dust off her desk.
“You ain’t going to, though, are you?”
He shook his head. “Nope.”
She smiled. “Didn’t think so. All right, I’ll keep you up to speed on what’s going on. I don’t have shit now, but as soon as I got anything, I’ll hit you up.”
He stared at her.
“I promise.”
He nodded. “I appreciate it.” He took a deep breath and glanced around the cubicles to make sure no one was nearby. “I see her in my dreams. It’s only happened a couple of times and just briefly, but it’s memorable enough that it doesn’t go away in the morning.”
“What do you see?”
“Nothing, really, nothing violent. Just her on her back. She looks frozen, almost, just staring up at the sky with these, like . . . blank eyes. A puppet’s eyes. And then she fades away.”
Reece leaned forward and put her elbows on the desk. “Cason, listen to me—dealing with children is not like dealing with adults. There’s no shame in saying it’s not for you and just leaving it alone. Especially when your ass is about to be fired by some ASAC dickhead.”
He smirked. “He is seriously a dick. Do you know I caught him yelling at one of the cleaning staff because she replaced the bag in his wastebasket with a black bag and he prefers transparent? Not like lecturing or scolding—full-on red-faced yelling so that everyone in the office could hear. Then I hear him telling another agent that he likes to do things like that to make people believe he’s unpredictable.”
“Wow.”
He nodded. “I’m the last one to leave, so every night I take all his pens. Doesn’t matter if he’s just got one sitting on his desk or a new pack in his drawer—I take them all. Drives him insane.”
She chuckled. “Careful, Joan of Arc, you don’t want to rebel too hard.”
He shrugged. “It’s the little things that make life rewarding.”
They watched each other a moment with grins on their faces, and Baldwin realized she was actually a good friend of his. Not someone who just waited for their turn to talk and commented on his social media posts but someone who would be there for him if he really needed it. And it made him realize how few of those kinds of people he had in his life.
He inhaled deeply and rose. “I appreciate you being worried about me, but I need to find her, Kristen. If this guy does to her what I think he has planned . . . I don’t think I’m going to be able to put this badge on again if I can’t stop it.”
She looked at him gravely and said, “I’ll do whatever I can to help you.”
She rose and hugged him, and he pulled away and left without another word.
39
Yardley watched as Aster entered the grand jury room. He was wearing a sleek gray suit with a blue tie. He had boyish good looks and a clean-shaven face.
“Mr. Aster, good to see you again.”
“You as well, Your Honor.”
“Now, it’s my understanding that you are Mr. Zachary’s attorney, is that correct?”
“Yes.”
“And you are also attempting to testify on his behalf?”
“Yes, Judge. I was subpoenaed not for my capacity as an attorney but as a witness.”
Jax shook his head. “That’s ridiculous. Attorneys are not allowed in federal grand jury proceedings, Your Honor. That’s well established by statute and caselaw. Defendants are usually not even in the courtroom.”
McLane said, “Mr. Jax, how about I determine what’s ridiculous or not in my courtroom?” He turned back to Aster. “What do you intend to testify about?”
“I’m not entirely sure. I believe Dr. Zachary would like me to talk about his character for the time I’ve known him.”
“And how long is that?”
“Since yesterday.”
Jax chortled derisively.
“But,” Aster said, “my mama always did say I make friends easy.”
The jury chuckled.
“I shouldn’t even have to address this, Your Honor,” Jax said.
“Judge, I am not advocating as an attorney in any way when I say this, I’m just pointing out a fact, and that is that Dr. Zachary is entitled to subpoena whoever he likes to testify on his behalf. I accepted service of the subpoena and am here to testify. Unless Mr. Jax can point to a statute saying he can bar a defendant’s witness from testifying at a grand jury proceeding, I’m not sure what the problem is.”
McLane looked
over the document the marshal had handed him. “Mr. Jax, this appears to be a valid subpoena. Do you have a specific statute stating a valid witness for the defendant may be barred from testifying at a grand jury proceeding due to a conflict created by representation?”
“Not off the top of my head, Your Honor, but the spirit of this is clearly to get around the barring of defense counsel at these proceedings.”
“Well, I’m not here to judge spirits; I’m here to judge the law, Mr. Jax. So unless you can point me to a specific statute, administrative rule, or caselaw that says you may bar this witness from testifying, I’m going to allow it.”
Jax turned and started whispering with the two other prosecutors. Aster stood calmly in front of the judge. He noticed Yardley and winked, causing her to grin.
“As long as he’s not making legal arguments and sticking to character evidence, I guess that’s fine,” Jax said with a tinge of anger in his voice.
“All right, then, Mr. Aster, please take the stand and be sworn in.”
Once Aster was sitting in the witness box and sworn in, he poured some water into a paper cup and took a sip. He looked to the jury and smiled, his dimples appearing on both cheeks. Some of the jurors smiled back.
The defendant was not allowed to question any witnesses in a grand jury proceeding, so Jax was in the awkward position of having to ask Zachary’s attorney questions about his character on his behalf. Jax looked flustered, and he was getting angrier.
“What did you want to say about the defendant’s character, Mr. Aster?”
“Oh . . . I don’t know. Like I said, I haven’t known him that long. I was surprised to even be called here, honestly. If you look at Title 18, starting at section 1111, of the United States Code, which lists all the ways murder can be a federal crime, the way Kathy Pharr was killed isn’t listed there. So frankly I was just surprised this was in federal court at all given that there’s no jurisdiction—”
“Objection!” Jax shouted. “He’s making legal arguments, Your Honor.”
“Hey, you asked the question. I’m just answering it.”
“Mr. Aster,” McLane said, “please just stick to character evidence relevant to this case.”
“Of course, Your Honor. And I apologize for mentioning Title 18, section 1111, of the United States Code.”
Yardley couldn’t help but smile.
Jax put one hand against the prosecution table and stared at Aster, who gave him a shy little grin that only angered Jax more.
“Do you actually have anything relevant to add?” Jax said.
“He seems like a good guy and I believe him. I don’t think he killed her.”
“That it?”
“I like your cowboy boots, too.”
Jax glared at him with obvious disgust.
Aster said, “May I be excused now, Your Honor?”
“You may.”
Aster left the room.
McLane then said, “Mr. Zachary, any other witnesses you wish to present?”
“No, Your Honor.”
“Mr. Jax, anything else to add before sending this to the grand jury for deliberation on the matter?”
“No, Judge.”
“Okay, then we are in recess for deliberations.”
River leaned close to Yardley and said, “What does that mean?”
“Grand juries get together after all the evidence is presented, and they decide whether to indict on the charges or not.”
“I didn’t see anything saying he’s innocent. They’re going to indict him, aren’t they?”
“Maybe not. I’ll be right back.”
She rose and went out into the hallway. Aster was standing against the wall joking with Peter. Yardley went up to him and took his arm, pulling him along as they casually strolled down the hall.
“That was one of the best things I’ve seen in there,” she said. “Of course, if you’d’ve tried it with me, I wouldn’t have let you get a word out, and then I would have asked for sanctions against you.”
He shrugged. “Probably wouldn’t have tried it if I knew you were the prosecutor.”
They stopped near some windows overlooking a building across the street and the busy road in between.
“Do you know much about the case yet?” Yardley asked.
“Just what I read in the Sun. Couldn’t get anyone from your office to hand anything over.”
“Not my office anymore. I quit yesterday. Well, retired.”
“No shit? I hadn’t heard. Damn, I’ll miss you, Jess. You’re the one I always called when I needed to talk to someone reasonable over there.”
“I’m sure you’ll get by just fine.”
The courtroom doors opened, and a marshal came out. He saw the two of them, and Aster said, “Do they have a true bill already?”
“No, no decision yet. They did ask the judge something, though.”
“What?”
“If they could have a copy of the United States Code Title 18, starting at section 1111.”
40
Yardley went to the soda machine, got two diet Cokes, and brought them into the courtroom. River sat in the same spot. She didn’t seem angry or confused . . . just tired. Tired and wanting not to think anymore.
Yardley handed her the can and sat down next to her. She opened hers quietly so the marshal on the other side of the room wouldn’t hear and ask them to take the drinks outside. Yardley took a sip, but River just slowly turned the can in her hands.
“How long will this take?”
“Not long,” Yardley said. “Grand juries aren’t deciding guilt or innocence, so the default is to always indict. They should be getting close by now.”
“What’s going to happen to Zachary after he’s indicted?”
“He’ll be arraigned, and then his attorney will get the evidence in the case. You can meet with him and get your questions answered, but it’s a little dicey since you’re also one of the victims. You may want an attorney to represent you during this process.”
“Do I have to testify against him?”
“Yes. You weren’t married, so you don’t have spousal privilege. There is a way out of it if you can show you’ll go through extreme hardship if you testify. But honestly, even if you could get out of it, would you?”
River lifted her eyes and watched as Zachary was brought in and sat at the defendant’s table again.
“How can I, Jess? How can I get up there and testify against the man I thought I would marry one day?”
Yardley took her hand. “I didn’t know whether to testify against Eddie at his trial either. I had more time to prepare for it than you will, but it ate me up for a long time.”
“What’d you do?”
“I thought about my little girl. I had to choose what I wanted her to see. Did I want her to see that I was loyal to her father, even though he was a monster, and that I didn’t want to betray family? Or did I want to show her that justice applies to everyone? I chose to testify. It was one of the most painful things I’ve ever done, but if I hadn’t, I know I would regret it now.”
River shook her head, tears glistening in her eyes before she closed them and drew in a deep breath. “I can’t believe this is happening. I keep thinking I’m going to wake up, but I don’t.”
“Angie—”
“All rise,” one of the marshals said. “United States District Court for the District of Nevada back in session.”
McLane sat down. Jax was already seated with the two other prosecutors, but Aster wasn’t allowed in the room. Zachary looked terrified. She noticed his hands trembling underneath the table.
“It’s my understanding the grand jury has made a decision?”
The foreman rose and said, “We have, Your Honor.”
“And what say you?”
“On counts one through fourteen, we do not find sufficient evidence for a true bill. On counts fifteen through twenty-two, we find a true bill. On counts twenty-three and twenty-four, we do not find sufficient evide
nce for a true bill.”
Yardley had no doubt that if there were people other than her and River in the benches, there would be shock and whispering. Counts one through fourteen were the murder, attempted murder, kidnapping, and related charges. The jury had not indicted Zachary on the most serious charges against him and instead indicted him on a handful of lesser charges.
Jax rose and said, “Your Honor, that is a direct result of the manipulation Mr. Aster committed in this proceeding. I would ask to convene another jury and bar Mr. Aster from testifying.”
“Counsel, when I asked if you had a statute, administrative rule, or caselaw that said I could bar Mr. Aster from testifying, you told me you knew of none off the top of your head, and you had time during deliberations to find one, but I’m guessing you did not.”
“We can find something now, but it doesn’t matter, Your Honor, because he tainted this jury. I’d like to question the jury on the reasons why they neglected to find a true bill for those counts.”
“The jury deliberations are held outside of our presence for a reason, Mr. Jax, and next to the attorney-client privilege, secrecy in the deliberation process is a hallmark of our judicial system. I will not allow you to question these jurors on their motives for finding the way they found. Now, Marshal, would you please have the foreperson sign the indictment and hand it to my clerk for filing, thank you.” He turned to Zachary. “Mr. Zachary, you will be back to see Judge Hardy on July the second for a detention hearing. I am denying bail at this time, but I will make a note that Mr. Aster is your attorney of record, and he will address it with Judge Hardy.”
“Thank you.”
“Okay, next matter, please.”
Jax was on the phone in the hallway, no doubt to Lieu. The media, specifically Jude Chance, with his army of contacts at every courthouse in the state, would quickly know about the jury refusing to indict on the murder and kidnapping charges, and it would be on every local news site within an hour.
Jax hung up and said to her, “I think we need to appeal.”
“Appeal what?”
“That was bullshit.”
Crimson Lake Road (Desert Plains) Page 16