Open and Shut

by David Rosenfelt

  “Why?”

  “Look at it this way. Suppose Dinky University's football team goes down to Florida State and gets beat a hundred and ten to nothing. Then somebody says, ‘Hey wait a minute, the water boy Florida State used wasn't eligible because his grades are shit and he used too big a bucket.’ So they rule that the game doesn't count, and decide to replay it the following week.”

  “You gonna get to the point before the trial starts?” he asks.

  I nod. “When they replay the game, you think Dinky is going to win?”

  “That depends,” he answers, “on whether Dinky is bringing the same team down there.”

  “Same team.”

  “But I ain't going back to trial with the same team. I got me a new coach. You.”

  “It won't be enough. Dinky is still Dinky. You get Bill Par-cells to coach 'em, they're still Dinky.” I may be carrying the analogy a bit far, but he's still into it.

  “So you're asking me to crash the Dinky team plane before it even gets to Florida. Can't do it, Andy. I'm on that plane.”

  There is certainly no way I'm going to convince him, and I don't really want to, since I'd probably do the same thing. If I were put in prison without any chance of parole, the first thing I would try to do is kill myself. Might as well let the state do it. Besides, I'm not just doing this for Willie, and I'm not just doing this for me. I'm doing it for good old Dinky U.

  I call Nicole and tell her I won't be home until very late, and she's disappointed, because her father is in town for summer recess and wanted to have dinner with us. I tell her that I can't make it, and that she should go with him. I leave out the part about meeting Laurie at an XXX adult movie theater.

  DENISE AND EDWARDHAD GONE TO A movie the night of her murder. In the years since, the theater they attended has not exactly thrived in the face of competition from the malls out on the highway. Back then it was called the Cinema One and showed first-run movies; it is now the Apex, and tonight is proudly presenting Hot Lunch and The Harder They Come. I want to go in so that we can really re-create the experience of the evening, but Laurie doesn't think it's necessary.

  We stand in front of the theater, as Edward and Denise must have. Just another couple out on a date, except one of them only had about one hour left to live. Denise isn't here to tell us about the rest of the evening, so all we have to go by is Edward's testimony. So far I have no reason to doubt it. At least not this part of it.

  “So they leave here,” I say, “just after midnight.

  ” Laurie nods. “And they decide to go for a drink.

  ” I point down the street. “They walk that way, although Edward had parked down there. Which means they didn't just happen to pass the bar … they were intending to go there.”

  “Edward said it was a bar he used to go to when he was in college.”

  Edward had gone to Fairleigh Dickinson University, less than a mile from where we were standing. I nod. “Care for a drink?”

  We walk the three blocks down to the bar. The inside seems to have made the transition from trendy to seedy, and the ten or so patrons do not look as though they're waiting for their book club meeting to start. The television above the pool table is tuned to wrestling, and it has captured the attention of most of the group.

  The bartender is a burly guy, about forty, with a friendly but grizzled face. It is as if we called Central Casting and asked them to send us a bartender. He comes over.

  “Help ya?” he asks.

  I point to the television. “Any chance you can change that to CNN? There's a Donald Rumsfeld press conference coming on.”

  Laurie and I have developed a strange kind of synchronization between us. As soon as I open my mouth, she starts rolling her eyes. “Don't mind him,” she says. “He can't help himself.”

  The bartender shrugs. “No problem.” You would think he hears Donald Rumsfeld jokes every day of his life. He directs his next question at Laurie. “What can I do for you?”

  “We're looking for a guy named Donnie Wilson.”

  “You found him.”

  Surprised, Laurie says, “The same Donnie Wilson that was working here seven years ago, the night Denise McGregor was murdered?”

  He nods. “My career ain't exactly taking off, you know?”

  “Do you remember much about that night?” I ask.

  “Are you kidding? Like it was yesterday.”

  This is a mixed blessing. He'll be able to describe to us what happened, but he'll also look credible in front of the jury. When a crime has happened this long ago, one of the things the defense hopes for are faded memories by the key witnesses. This guy thinks it happened yesterday, which is not quite faded enough for our purposes.

  I ask him to tell us about that night, and he jumps right into it. “Not much to tell. A preppie guy and a good-looking broad come in … didn't look much like they belonged here, but who knows, you know? This place was classier then. Anyway, the broad gets up and goes to the john. I was real busy 'cause Willie, that's the guy that killed her, had taken off an hour before.”

  “Did you hear a struggle?”

  “Nah,” he says. “In fact, I didn't even know what happened until the boyfriend told me. Then this older guy showed up. Turns out the preppie called his old man and the cops when he found the broad's body. When the cops showed, the place turned into a zoo.”

  Laurie leans over to talk to him, as if she had a secret they were about to share. “Listen, Donnie, don't take this the wrong way, but if you call Denise McGregor a broad again, I'm going to cut off your testicles and shove them down your throat.”

  Ever helpful, I tell Donnie, “I've seen her do it a number of times. It only takes a few seconds.”

  Donnie has enough sense to be nervous and respectful. “Hey, I didn't mean no offense.”

  Laurie gives him her sweetest smile. “None taken.”

  It's now incumbent upon me to get Donnie thinking about the night of the murder, rather than the prospect of swallowing his testicles. It's not an easy job, but I give it a try. “So Denise gets up to make a phone call. The phone is in the ladies’ room.”

  “Right. The ladies’ room … the ladies’ room.” Laurie has him unnerved.

  “And that's the last time you saw her?”

  “Well, I saw her in the alley afterward. You know … her body. The woman's body.”

  Laurie and I go to the ladies’ room to check it out, and Donnie is really happy to see us go. The door has a faded drawing of Cleopatra on it, which identifies it as being for ladies. I start to push the door open, but Laurie grabs my arm.

  “Where do you think you're going?”

  “To check out the room, see where the phone is, solve the crime, whatever.”

  “Let me make sure it's empty,” she says.

  I shake my head in mock disgust. “Come on, this is business. Why do you have to turn everything into a sex thing?”

  At that moment, even before Laurie has time to tell me what a pig I am, the bathroom door opens. A person comes out; I think it's a woman but I'm just guessing. She's at least two hundred fifty pounds, with tattoos all over her shoulders and arms. If she played for Dinky, we could kick Florida State's ass.

  I take a deep breath and wait for my life to stop flashing in front of my eyes. In this case, if Laurie hadn't stopped me, I would have been alone in a bathroom with Queen Kong.

  I'm nothing if not a quick learner. “Laurie, maybe you should go see if there's anyone else inside.”

  “Maybe I should.”

  Laurie goes inside and comes back out moments later.

  “The coast is clear, macho man.”

  I nod and enter. Except for possibly with my mother when I was too young to remember, this is the first time I have ever been in a ladies’ room. It turns out I haven't missed that much.

  This particular ladies’ room is as unenlightening as it is unimpressive. There had been specks of blood near the telephone, and the police version of the crime was that Deni
se was struck over the head, and then dragged outside into the alley. Since there was no evidence of sexual molestation, I'm not sure why the assailant didn't kill her right there, but he clearly did not. The blood would have been everywhere.

  Laurie and I go out into the alley where the body was found, which is no more than fifteen feet down a hall from the bathroom door. The hall cannot be seen from the main area of the restaurant, so if Denise were unconscious and unable to scream, it makes sense that she and her assailant would not have been noticed. She most likely was unconscious, both because of the blood in the bathroom and the fact that there were marks on the back of her shoes indicating that she was dragged down the hall.

  While there is obviously no good place to be brutally murdered, this alley is particularly without dignity. Various establishments throw out their garbage in and around a group of Dumpsters against the far wall, and there are so many stray animals picking at it that they must be required to make a reservation. “Two rottweiler mixes, table for two? Yes, we're running a little behind. Care to have a drink from the gutter while you wait?”

  One of the more puzzling aspects of this is what the eyewitness was doing here in the middle of the night. Willie's lawyer, Hinton, barely touched on this at trial, but then again, he barely touched on anything. He seemed to have no strategy, no coherent focus, and no desire to probe until he found weaknesses in the prosecution's case.

  We hang out at the scene for a little while, not saying much, each of us lost in our own thoughts about how horrible that night must have been for Denise McGregor. I try to picture Willie Miller committing this crime, but I can't. I try to picture anybody committing this crime, but I still can't.

  I drive Laurie back to the office, since that is where she left her car. She mentions the photograph, and I realize I haven't thought about it all day. I'm having lunch the next day at Philip Gant's club. He had called and invited me, saying that he wanted to “catch up,” but really wanting to know how things are between Nicole and me. I'll take advantage of the situation to ask him about the photograph. I'll do this because I need to find out information about rich people, and Philip is the proverbial horse's mouth.

  Nicole is asleep when I get home, and I realize with a flash of guilt that I'm glad about that. I need to get the upcoming days straightened out in my mind, so that events don't just whiz past me. I want to be alone with a glass of wine and Tara, not necessarily in that order.

  As I sit sipping the wine, I reflect for the fifty millionth time on the fact that I discovered Tara in an animal shelter. She was two years old and had been abandoned there by an owner who was moving and had no room for her. She was going to be killed—“put down” is the term shelters use—and I adopted her on her last day.

  I don't care if those people were moving to a phone booth; they should have made room for Tara. What they deserve for almost causing her death is to be put in a cell next to Willie Miller. But, of course, I'm glad they didn't keep her, since if they had I wouldn't be sipping wine and petting her. Life for Tara is extraordinarily simple; she wants to be with me and have me pet her head and scratch her stomach. Experiencing that simplicity helps me right now.

  I plan my strategy, legal and personal, for about an hour, and then I fall asleep in mid-scratch. I'm in the same position two hours later when the phone rings. It's the warden's office at the prison, informing me that Willie Miller has been attacked by two knife-wielding inmates and is in the prison hospital.

  I briefly consider whether to call Laurie and tell her what's going on, but decide against it. It would not serve any useful function other than to provide company and a slight easing of my discomfort at having to drive to the prison at three o'clock in the morning. I'm going to be a big boy and do this on my own.

  A guard meets me at the main gate and takes me to the prison hospital. He does not know Willie's condition, and unless I am a terrible judge of human behavior, he couldn't care less.

  He brings me to Willie's room and leaves me there to fend for myself. The room is darkened and Willie is asleep, so I find myself standing there, unsure what to do. I don't want to wake him; he might be badly injured and very weak. On the other hand, I don't want to spend the entire night waiting for him to wake up.

  “What the hell you looking at?” It's Willie's voice, but in the darkness I can't see his lips move.

  “Willie?” I ask. It's a short, dumb question, followed by another. “Are you awake?”

  “Shit, yeah. You think you can sneak up on me in the dark? 'Cause there's two guys down the hall that thought they could sneak up on me too.”

  “Are you hurt badly?” I ask.

  “Nah, just a few slices on the arm.”

  He proceeds to tell me that two men approached him in the rec room and attacked him with sharpened kitchen utensils. They were unaware, as I was as well, that Willie is a black belt in karate. Within moments they were unconscious, and Willie had only a few minor cuts to show for his troubles.

  I'm upset that Willie had to go through this, which makes me the only one in the room who feels that way. Willie is positively giddy.

  “Man, that was the most fun I've had in seven years,” he says, cackling with laughter. “Those guys thought I was dead meat. You should have seen what I did to them. They had to get them off the floor with a shovel.”

  “I'm glad you had such a good time,” I say. “It's really brightened my night as well.”

  The sarcasm is pretty much lost on Willie. As I'm leaving, he says, “And I've got you to thank, man.”

  I stop at the door. “How's that?”

  “They mentioned your name. Said they were going after me 'cause you don't know when to lay off. That was just before I busted 'em up.”

  This takes me by surprise. “You mean they went after you for a reason? It wasn't just a random attack?”

  Willie laughs at my prison naet “Random attack? There ain't no such thing in here, man. Nope, whoever sent them had a reason, and I'll bet he paid big bucks to get it done. You must be gettin’ somewhere, man.”

  I don't think I'll share this with Willie, but the only thing I'm getting is confused. Somebody tried to have Willie killed because I am uncovering something. I see three minor problems with that: I don't know who that somebody could be, I don't know why they would go after Willie, and I've uncovered absolutely nothing.

  I offer to have Willie moved into solitary confinement for his own protection, but he acts as if I am trying to steal his bicycle. He promises he can take care of himself, which seems to be a promise he can keep.

  I head home for a restful three hours sleep, knowing full well that I'll be just as confused in the morning.

  KEVIN IS WAITINGFOR ME AND CHOMPING ON his second raspberry turnover when I arrive at the office in the morning. Edna has already drawn him into her morning crossword puzzle, and is showing off her skills. He is suitably impressed, as she knew he would be. I hear her tell him that he has a flair for crosswords; she says it in an offhanded way, like Joe DiMaggio might have said to a rookie, “Nice arm, kid.”

  I like Kevin's style. When his mouth is not too full of food to talk, he's got a dry sense of humor, but a straightforward way of working. His work style on this case is simple and as advertised; he wants me to give him assignments and he'll accomplish them to the best of his ability. Based on this experience, if I were running a big firm, I would do all my recruiting at Laundromats. The first task I give Kevin is to prepare a motion for change of venue.

  Change of venue motions almost never succeed, and they almost never should. If the publicity around a crime is so intense as to make it impossible to empanel an impartial jury, then that publicity is rarely localized. Judges recognize this, and since they are naturally protective of their own turf anyway, they almost always deny the motion.

  My reason for requesting the change in this instance has more to do with Hatchet than with the community. I would love to get Hatchet off the case, but I have no grounds on which to so move. If
I tried, it would get me nowhere and would most likely piss him off. Requesting the venue change represents a way to remove him, without directly identifying him as the reason.

  Kevin outlines for me what his argument will be, and it is a solid one. Willie's case did not get particularly intense media coverage at the time, so at this late date its awareness level in other communities would not be great. However, local people have heard of it, and more importantly they are aware that a jury convicted Willie the first time. The prosecution has already made its case to the local media that the trial was overturned on a technicality, leaving Willie with a presumption of guilt in the minds of potential jurors.

  Kevin has also managed to acquire specific, detailed information showing how much attention the media has devoted to this case, and it demonstrates that the recent coverage has been almost entirely local. It is a good argument, Kevin will make it persuasively, and we will lose.

  I'm exhausted from last night, and I'd love to cancel lunch with Philip. The problem is that nobody cancels lunch with Philip. So I head out to meet him at the Westmount Tennis Club in Demarest. It's a twenty-minute drive from my office, but for all intents and purposes it's in another world. There are thirty-eight courts, a mixture of hard surface, clay, and grass. The place is perfectly landscaped on seventy-one acres, has three gorgeous swimming pools, a world-class restaurant, killer daiquiris, and ballboys on every court. It also, as far as I can tell, has a membership that does not include a single decent tennis player.

  Philip is sitting in the lounge, picking at a fruit plate, when I arrive. He seems pleased to see me, and introduces me to the assortment of rich people within introducing range. I briefly wonder how many of them have less money than I do, and I figure I'm only in the middle of the pack. Just wait until I get my fee from the Willie Miller case.

  We engage in meaningless chitchat until we finish lunch, at which point I take out the picture and ask Philip if he recognizes any of the men. He initially only recognizes my father, so I mention Markham and Brownfield. He has spent time with both men on a number of occasions, and while these are much younger versions, he does think it could be them, though he's far from sure.