the Kill Clause (2003)

by Gregg - Rackley 01 Hurwitz

  He'd been indicted on two counts of possession for sale and one count of pimping and pandering, but due to a combination of dumb luck and cowed witnesses, he'd never been convicted.

  Until Dollie Andrews.

  Andrews was an off-the-bus Ohioan who'd taken the archetypal Hollywood header, from waitressing actress to back-alley blow-jobber. But she'd finally gotten her dream: After her body had been found smeared into Jones's ratty couch, punctured with seventy-seven knife wounds, her modeling eight-by-tens had been released to a ravenous press, and her short-cropped towhead curls and the just-right width of her hips had etched her persona posthumously into the zeitgeist.

  Jones had been found sleeping off a PCP high one room over; he claimed complete amnesia regarding the past two days. None of Andrews's blood had been found on his body, his clothes, or under his nails, though a crime-scene technician had discovered traces in the pipes beneath the shower drain. The weapon, bearing a clean set of ten-point prints, had been recovered from a trash can outside. Motive? The prosecutor had argued sexual rejection. One of Andrews's colleagues had captured her on camcorder wholesomely proclaiming she'd never give it up for black meat. In certain boxcars composing the train wreck of public opinion, this was known to pass for virtue.

  To Jones's immense disadvantage was the egregious ineptitude of his lawyer, an acne-faced kid just out of school whom the overburdened public defender had thrown to the wolves on the nothing-to-gain case. Given the circumstances under which the body had been found, several witnesses who claimed Jones had been stalking Andrews for weeks, and the unanimous testimony of two medical examiners that the stabber had been a forceful, right-handed male around five feet ten, Jones had been convicted by a jury after less than twenty minutes of deliberation.

  The verdict had brought out the Leonard Jeffrieses and the Jesse Jacksons, who had proclaimed that, as a non-professional-athlete black male accused of killing a white woman, Jones wasn't being given a fair shake. The resultant political pressures had accelerated Jones's Writ for Ineffective Assistance of Counsel, which was granted.

  Verdict overturned.

  Meanwhile, some jackass in long-term record storage had misfiled the evidence and exhibits, which left the prosecutor with no forensic reports, no photos of the body to flash at the jury during the second trial, nothing more than the testimony of four white cops.

  Verdict, not guilty.

  The case files were discovered the following Monday, mistakenly filed under "Rhythm."

  Jones slipped out of sight, lost somewhere in the faceless obscurity of L.A. slums, protected from the heat of further inquiry by the generous parasol of double jeopardy.

  As Rayner finished reviewing the specifics of the case, Tim's eyes were drawn to the picture of Ginny, propped on the table before him. He glanced again at the other photos in sight--Ananberg's mother, Dumone's wife, and the Stork's mother, an imperious-looking, heavy-set woman with an expression of disgruntled impatience common to pugs and Eastern European immigrants. This was their purgatory, Tim realized, to oversee deliberations about L.A.'s most vile crimes and criminals, to play silent chorus to a seedy drama. This was how Tim had chosen to honor his daughter.

  "...reasonable doubt," Mitchell was saying. "It's not no doubt. There's never no doubt."

  But Ananberg held strong. "If someone were planning to frame him, it would be the perfect way. He's a known drug abuser with countless enemies. Get him when he's high as a kite, hack up a body in his living room, and voila."

  "Sure," Robert said. "Forensic stab patterns are a breeze to fake. Especially seventy-seven punctures."

  Rayner's head snapped up from the court transcript. "Oh, come on. We all know facts can be tailored. The public defender failed to produce a single expert witness for the defense."

  Robert's hands were both spread on the table, white from the pressure. "Maybe there wasn't one who could represent the defense's version of the facts in...in--"

  "--good faith," Mitchell said.

  "Please," Ananberg said. "Expert witnesses are like whores, but more expensive."

  Rayner's head jerked a bit at the simile.

  Tim watched Robert closely. Robert's fuse, for obvious reasons, was considerably shortened by murderers of women. Tim reflected on the firmness of his own conviction about Bowrick's guilt and realized he held the same defensive rage for killers of children. Anger guarding trauma, ever vigilant. And--for purposes of the Commission--ever polluting.

  "The verdict was overturned only because the evidence was misfiled and could not be presented." The Stork flipped through the forensic report with one hand, and with his other he rubbed his thumb across the pads of his fingers, swift and ticlike. "It's fairly conclusive."

  "This case was thrown out the first time around due to incompetent counsel," Ananberg said. "By definition that means no respectable defense was mounted. There could have been considerations available that were never explored. Plus, the evidence is hardly damning--they found no blood whatsoever on his person. Seventy-seven stab wounds and no trace of blood on him? He was wacked-out on angel dust--I doubt he had the clarity of mind to burn his clothing and exfoliate with a loofa."

  Mitchell spoke very slowly, as if monitoring himself. "We have a body in his living room, a weapon bearing his fingerprints, and traces of the victim's blood in his shower drain."

  "It is remarkably compelling physical evidence," Tim said.

  Ananberg regarded him, surprised, as if he were breaking some heretofore unspoken alliance.

  "What the fuck do you want?" Robert said. "Live footage of the murder? If that evidence hadn't been lost, this guy would've already been fried." His voice was rising, his face starting to color. "He was caught dick deep at the crime scene, which happened to be his house. You're overthinking this one, Ananberg."

  "He's a pretty street-smart guy. And it's such a stupid crime scene...." Ananberg shook her head. "The evidence doesn't seemdamning to me. It seems convenient."

  They moved through the formal procedure swiftly, as it was obvious there would not be a unanimous decision. The vote went four to two; Rayner sided with Ananberg against the others.

  "For fuck's sake," Robert said. "You're letting the prick off the hook because of a bunch of stupid liberal bullshit."

  "This has nothing to do with politics," Tim said.

  Robert threw up his hands, bouncing forward in his chair so its arms knocked the table. The framed picture of his sister fell facefirst to the marble with a clap; Rayner's water slopped over the side of the glass. "The guy's a fucking sleazebag."

  "Which, last I checked, is not a capital offense." Ananberg placed her hands palms down on the table, a vision of resolution. "I'm just not convinced he did it."

  Robert ran a hand through his bristling red-blond hair, leaving a flared Mohawk path like a dog's raised hackles. He cocked back in his chair. His voice, low and muttering, held a startling element of malice. "If he didn't, a nig like that's guilty of something else."

  Tim leaned forward, chair creaking, willing his voice not to betray the full measure of his rage. "Is that what you believe?"

  Robert looked away, his jaw clenched.

  "Of course not," Mitchell said.

  "I wasn't talking to you. I was talking to your brother."

  When Robert turned back, Tim noticed that his eyes were strikingly bloodshot, pink veins radiating out from his pupils, leaving wakes in the white-sea haze of his sclera. "I didn't mean it. It's just after this thing, with Debuffier...I mean, the guy fucking kept her in a refrigerator." He grabbed the fallen frame in front of him and smashed it down against the table once, twice, three times. His face dissolved, and he raised a hand to his eyes. Broken glass was spread across the table. His hand, cut from the glass, left a bloody smudge above one eyebrow. Mitchell reached over and kneaded the thick muscles of Robert's neck.

  "Dumone is like a father to me," Robert said. His lips were trembling. Tim waited for him to break, but he remained stubbornly on the edg
e between composure and grief.

  "You need some time off from this," Rayner said. "To get your perspective back."

  "No, no. Back to work. I need work." When Robert looked up, his eyes were scared. "Don't you do that to me."

  "You're a liability to our aims," Tim said. "You're sitting it out for a while."

  Robert remained bent over the table, shoulders drawn forward and around so his trapezius muscles pulled high and hard around his neck. His head was raised, tilted up from his hunch like a pointing dog's, his eyes bright. "You've been trying to cut me and Mitch out from day one. You of all people should understand our needing to be involved. To do more. Don't tell us to sit back and let others handle it. You're giving us the same bullshit answers your dad threw back at you when you went to him for help."

  Rayner jumped in angrily. "That's enough, Robert."

  Off Tim's expression, Robert looked away uncomfortably, maybe even a touch ashamed. "Yeah, that's right, you forget. We know about when you went to him for help, and he turned you out. We were listening."

  Tim felt his pulse beating at his temples. He sifted through the anger, searching out a sharper vexation. "I was told you'd been listening to me since the day of Ginny's funeral."

  Mitchell strummed his short-cut nails on the table. "Dumone already apol--"

  "I went to see my father three days before that." Tim faced the Stork, who was only now perking up to pay attention. "So how were you listening to me at my father's?"

  "Yes, well, I'm afraid I was mistaken when I told you that before. I ended up doing it a few days earlier. Broke in when you were at work and your wife went to the grocery store."

  Tim studied him closely, then Robert. He decided to believe them for the time being. "Listen," he said, "we already have a guilty vote in on Bowrick. I'm handling it alone, as I pointed out earlier. Robert, you take some time off--and I mean off--and catch your breath. And be advised, when you come back, I'm not tolerating another word of your racist bullshit. Is that clear? Is it?" He waited for Robert to nod, a barely discernible tilt of his head.

  "Then we'll move to Kindell," Rayner said. "And I've already embarked on the tedious process of selecting a second set of cases for our next phase."

  "One step at a time. Right now I need you all to leave."

  Rayner's mustache twitched in a half smile. "It's my house."

  "I need to sit alone with Bowrick's file. Would you rather I ran copies and took them home?" Tim stared from face to face until the others rose and shuffled out of the room.

  Ananberg lingered behind. She shut the door and faced Tim, sliding her arms so they were folded across her chest. "This is coming unglued."

  Tim nodded. "I'm going to slow things down, see what I can get on Bowrick, see how Dumone fares. I can handle this operation largely on my own. If I need to use Mitchell, I'll stick him on surveillance and keep him well clear of any situation that might go hot."

  "Robert and Mitchell won't settle for being your spy and errand boys for long. They're obsessed. They're all about black-and-white logic, no mitigating circumstances."

  "We need to keep phasing them out operationally so they're permanently on the sidelines before we embark on the next phase of cases."

  "And if things don't move the way we want them to?"

  "We invoke the kill clause and dissolve the Commission."

  "Can you make this work without Dumone?"

  Tim looked up at her. "I don't know. That's why I'm handling Bowrick myself. I can make sure it's done right, then move on to Kindell."

  "You must be eager to get to Kindell."

  "Like you wouldn't believe."

  Ananberg removed a thrice-folded document from her purse and slid it down the length of the table. It stopped when it hit Tim's knuckles.

  The public defender's notes.

  "Rayner had me run a copy of this at the office. I accidentally made two. Put it in your pocket, do not look at it until you get home, and don't ask me for anything else."

  Tim resisted the overwhelming urge to flip through the pages. As much as it pained him, he wedged the public defender's notes into his back pocket. When he looked up, Ananberg was gone.

  The sudden silence rankled him, and he tried to soothe his unease. He couldn't risk Rayner's walking in here and finding him examining the purloined documents, and he couldn't leave abruptly after saying he was going to stay to study Bowrick's file. He had to play it cool--he owed Ananberg that much.

  He dimmed the lights overhead, then propped Bowrick's photo up against Ginny's frame. He stared at Bowrick's discontented face for a long time before flipping open the binder.

  Chapter 28

  THE NOTES FROM Kindell's case burning a hole in his jeans, Tim left without finding Rayner to announce his departure. As he pulled out of the driveway, the house loomed behind him, dark and falsely antiquated. It wasn't until the wrought-iron gate swung closed behind his car that he realized he'd imbued the building itself with an ineffable quality of emotion, something like sadness and menace mixed together.

  He drove a few blocks, then parked and flipped through the public defender's notes on Kindell. His excitement quickly gave way to disappointment. A summation of the lawyer's pretrial talks with Kindell, the typed notes were poorly organized and incomplete.

  Some of them were chilling.

  The victim was the client's "type."

  Client claims to have taken an hour and a half with the body after death.

  Tim's stomach lurched, and he had to roll down the window and breathe in the crisp air before mustering the courage to continue.

  A single sentence on the fifth page slapped him into shock. In an attempt to jar himself back to lucidity, he found himself reading it over and over, trying to attach meaning to the words so they'd make sense again.

  Client claims he carried out all aspects of the crime alone.

  And then the sentence beneath: Had spoken to no one regarding Virginia Rackley or the crime until the handling unit arrived at his residence.

  Through an all-enveloping numbness, he finished scanning the report, turning up no new information.

  Kindell would have had no reason to deceive his public defender, nor his public defender to lie in his confidential record-keeping. Unless the case binder revealed additional facts--perhaps buried in the public defender's investigator reports--then Tim had been off the mark all along. Gutierez, Harrison, Delaney, his father--they'd been right.

  Tim's conviction about an accomplice had grown into an addiction that had shielded him from the full brunt of Ginny's death. If Kindell had in fact been Ginny's only murderer, then Tim's options were concrete, as finite as the sagging walls of Kindell's shack. There was little left for him to do but confront Kindell however he decided and face the reality of his child's death.

  Dray had gone to sleep--the answering machine picked up on a half ring--and he left her the news, coding it in case Mac happened to be around.

  Held in the trance of a sudden exhaustion, he drove home and fell into a blissful, dreamless block of sleep. He lay on the mattress for a few minutes upon awakening, watching the motes swirl and drift in the slant of morning light from the window, his mind returning obsessively to the last black binder awaiting him in Rayner's safe.

  If it didn't miraculously yield compelling evidence for an accomplice, he realized with some satisfaction, then he'd deal with Kindell soon enough.

  He just had to get to Bowrick first.

  He showered, dressed, and headed out for a cup of coffee. He sat in a corner booth at a dive of a breakfast joint one block down, flipping through the L.A. Times. The Debuffier execution had grabbed the headline again, but the story contained little about the actual investigation. Man on the Street reared his ugly head again, claiming, "You don't need the law to tell you right from wrong. The law told that voodoo bastard he was in the right, but he wasn't. Now he's dead, and the law says that's wrong. I say it's justice." Tim noted with some alarm how clearly Man on the Street wa
s articulating his own supposed position.

  Another article announced that a moral-watchdog group was protesting a vigilante game Taketa FunSystems had put into development called Death Knoll. The player had a choice of automatic weapons with which to outfit his video-screen counterpart before setting him out on the streets. It featured tomato-burst head shots and limb-severing explosions. A rapist got you five points, a murderer ten.

  A back-page story about two immigrants shot in robberies took the edge off some of Tim's hypocritical indignation.

  He returned to his apartment and sat in his single chair, feet on the windowsill, phone in his lap. For reference he'd smuggled out three pages of notes he'd taken from Bowrick's file. For inspiration he logged on to the Internet and found the L.A. Times photograph of the coach clutching his dead daughter outside Warren High School. For a long time he looked at the man's face, twisted with anguish and a sort of shocked disbelief. Tim was struck, now, with the heightened empathy that fear fulfilled provides.

  And he was struck also with the alarming needlessness of it all.

  He rubbed his hands, studied his three pages of notes, and formulated a strategy. Bowrick had skillfully arranged his own relocation to duck threats and possible attempts on his life; he was going to be hidden smart and well. Normally Tim's tracking resources were virtually unlimited. Each government agency, from the Treasury Department, to Immigration, to Customs, controlled an acronymous computer database or eight--EPIC, TECS, NADDIS, MIRAC, OASIS, NCIC--but they were all inaccessible now. To obtain information about Bowrick, Tim couldn't call his rabbis at other agencies, his CIs, or his contacts inside companies. He couldn't talk to anyone in person, nose around any locations, or leverage any snitches. He'd have to street-smart his way through, like a criminal, which he supposed he was.

  He started with Bowrick's last-known, reached the apartment manager, and pretended to be a bill collector. A long shot, but Tim knew to start with the ground-ballers. No forwarding information. But he did get the date Bowrick moved out: January 15.