Expert Witness

by Rebecca Forster

  Hagarty pushed off the wall. His hands were out of his pockets. Memory lane was being left behind.

  “Tomorrow you will collect anything in your office apropos to this case. You will messenger it all to Arnson and Levinsky. You will leave your badge and your weapon in my office, and you will stand down until I have a chance to review the situation. Until then, you’re on paid leave.”

  Liz started to object, but Hagarty was quick with a raised hand and a warning.

  “The next words out of your mouth better be thank you. If not, I would suggest you do not speak and do as you’re told. Do it quietly, Driscoll.”

  Liz fell back a step and closed her mouth. He was right. She egged his house and he was still offering her the last treat in his candy bowl.

  “Seal this place, advise the manager that Arnson’s people will be down here to take possession, and then go home. Am I understood?”

  “Yes,” Liz mumbled. As he walked past she reached for him. He paused and looked at her. “I am sorry, Captain. Really.”

  “So am I,” he said sadly, and then he was gone.

  Liz stood in the glare of the bare light listening to nothing, staring after her boss, hating herself and wondering if two women were going to die because she was a screw up. She took one huge breath, and then another one to keep from crying. When that didn’t do the trick, Liz Driscoll hung her head, swiped at her eyes, and pinched the bridge of her nose. Finally, she pulled up, and took another look around. There were a million questions running through her brain, not the least of which was who was helping Hernandez? Arnson would be the one to find out, not her. Fingerprints, trace evidence, there was so much that could be recovered in here. All she really needed was to find out who rented that unit. She picked up Xavier’s book and absentmindedly started to fan the pages when she heard:

  “Hey.” Benny was back and ready to rule the roost.

  “What?” Liz snapped but her edge was gone, she sounded whiney.

  “Your boss says you’re not supposed to be here.”

  Liz narrowed her eyes. Benny was starting to really annoy her.

  “Give me a minute.”

  Even Hagarty had cut her some slack. He could have taken her badge then and there and he didn’t, so good old Benny was going to toe the respect line, too.

  “I’m going to time you,” Benny threatened. “One minute.”

  “Yeah, yeah,” she muttered.

  Liz fanned the pages so that they ruffled loudly. She hoped it irked him. She was about to do it again when her eye caught something. Quickly, she turned to the inside cover. There were three phone numbers listed in Hernandez’s distinctive printing. Next to one was a happy face. Printing and avatars, just like the list found in Bates’ car and Young’s, too.

  “Thirty seconds!” Benny yelled from outside.

  Liz made a face, ignored the weird feeling that was crawling up her spine and grabbed her phone. Fast as she could, she snapped a picture of the phone numbers written on the flyleaf. She was about to put the book back where she found it when a red-faced Benny ripped it out of her hands.

  “Hey.”

  He fell back slightly when Liz turned on him, but managed to stand his ground.

  “Do you think I’m stupid? I saw you pick it up here. Right here. Captain Hagarty said to leave everything the way it was.” Benny stomped over to the bed and put the book back exactly where Liz had found it.

  “Yeah, and now your prints are all over it, and that’s proof that you knew what was going on here. I’m going to have the LAPD look at you real close, Benny.”

  Liz made her ridiculous threat hoping the man would fall apart, but all she did was make a dent in his outrage. He cocked his head and tried to look imposing, but a man in a cheap, short-sleeved dress shirt couldn’t pull it off.

  “I have to lock up. Now.”

  “You’re an upstanding citizen, Benny.”

  Liz gave him a tight-lipped smile, walked out of the unit into the hot night, and got back in her car. Instead of starting it, she took out her phone, and dialed the first number she had photographed. She got a canned message. Liz hung up without leaving a message of her own because she didn’t know who was on the other end. She dialed the second number. This time, she got Daniel Young’s office, and that really didn’t surprise her all that much. Xavier had obviously been making plans. This time she left a message.

  “Daniel, it’s Driscoll. Xavier Hernandez is in the hospital. You can breathe easy for now. Call me as soon as you get this.”

  Liz called Daniel’s cell and left the same message. There was no urgency now. Xavier was the catalyst and he had been taken out. Even if Xavier had someone helping him, the plan would be in disarray. She would leave Isaiah and the others on the list to Levinsky and Arnson, but Liz had a weird soft spot for Daniel. Maybe it was because, behind his bravado, Daniel was just like her. Neither of them would ever be the really cool kids on the block.

  Liz dialed the third number and got a pizza parlor. She hung up just as Benny walked by. She got out of the car and followed him into the office. The T.V. was off; Benny was packing up to go home. He was not amused when he saw her.

  “I just wanted to apologize,” she offered her best girl-smile.

  “Sure you do,” Benny mumbled.

  “No, really. I know we put you in a tight spot, but it was for a good reason.”

  Benny slammed a magazine into his pack.

  “Okay. Apology accepted.”

  “Great. Then have a good one,” Liz said just before her finger went to her lips, and she looked back at him as if she had just thought of something. “Hey, one last question, Benny. Who actually did rent that unit? You know, the second one?”

  Benny wasn’t having any of it. Fool him once but not twice.

  “That’s for me to know and you to find out.” Benny grabbed his keep-things-cool lunch bag and walked past her. He slid open the door and Liz gave up. She couldn’t argue with a third grader.

  “You could have been a hero, Benny.”

  When the man didn’t yield, Liz left. She walked down the three little wooden steps, got back into her car, adjusted the air-conditioning and pulled out of the lot slowly just to make Benny mad. She made a right, bumped over the railroad tracks, and took note of a couple of burned out flares her compatriots had left.

  The only good thing now was that she still had her badge, her weapon and a lot of hours before she had to turn them in.

  An Outbuilding in the California Mountains

  “We’ll play a game. I have prizes.”

  His whispered words were crystal clear, and Josie hung on every one hoping to identify his voice. It could have been Xavier Hernandez, but it had been ten years since that trial and even then he had only spoken when necessary. He didn’t haunt her memory, she didn’t dream about him. She never thought of that trial once it was finished. And now? Now she was nearly out of her mind with exhaustion, hunger and thirst. For all Josie knew, she might be hallucinating. Even if she was, being engaged in something was preferable to wallowing in the despair that had settled over her and Erika.

  “What kind of game, Xavier?” Josie asked.

  “Savior? That is funny.” He chuckled. “Yes, call me Savior.”

  “Savior, let us out please.” Erika called out, eager to please.

  Josie reached for her and took her hand. She squeezed it in a gesture of solidarity. They waited like schoolgirls hoping to be released from detention. Finally, the answer came.

  “No.”

  “What do you want?” Erika asked.

  “To make you sorry,”

  “For what, you sick bastard?” Josie demanded. She was about to raise her voice again when Erika yanked on her arm. Josie clamped her lips together. Erika was right. They were in no position to fight. She tried again and modulated her voice. “We never hurt you.”

  “You did.”

  He sounded like a man delighted with his performance in bed even though his partner lay cold bene
ath him.

  “I’m sorry,” Erika offered. “We’re sorry.”

  “Tell me for what?”

  He was hugging the outside wall, slithering closer to the opening. Josie’s skin crawled and her eyes were riveted on the opening. Soon he would be able to look down on them. Out there the landscape was different somehow, because it gave him an advantage they didn’t have. She hated that advantage. Look her in the eye, that’s all she wanted. Don’t show a face covered with glasses; don’t shine a blinding light obscuring your face. Just level the damn playing field. That she could deal with. Suddenly, something scraped against the cement and the women jumped.

  “He has a knife,” Josie said. “He killed Janey with a knife.”

  Indeed, he was dragging something metal across the wall; dragging it right up to their little window. He stopped and started again. Erika looked left. He had changed positions and was dragging it along the shorter wall. The women pulled closer to one another. Josie wrapped her arms around Erika Gardener who had begun to tremble. ‘Round and ‘round he went making that horrid sound. And, as he passed under the little window, he pushed through a piece of paper.

  It fluttered to Erika. She caught it, but it was too dark to see what was on it. Josie put her chin atop Erika’s bowed head and listened. He was going faster now, almost running as he giggled and dragged the metal. On the second pass, he dropped something else through. Erika picked that paper up, too.

  “We’re sorry for making you do this,” Erika said as she held the paper up for Josie to touch. It was slick and oblong. Photographs.

  “That is a stupid thing to say.”

  He chuckled and dragged the sharp thing over the bricks three times right under the window. Back and forth and back it went as if he were honing the edge of a carving knife.

  Suddenly, Erika relaxed and shook off Josie’s embrace. Something had changed. Erika got to her knees. When she spoke again, it was with wary exhilaration. She knew something, but it was clear she wanted to be sure.

  “I’m sorry for what I did. I don’t know what Josie did, but I was cruel. I should have seen how much I meant to you.”

  Rising to her feet, she touched the top of Josie’s head. It was a triumphant little gesture that gave Josie hope.

  “And what did you do?” The man asked.

  Erika said, “I didn’t believe in you.”

  The knife crisscrossed over the cement in an angry, ugly, frenetic trail.

  “Josie Bates? Confess, bitch.”

  Scritch, scratch, scratch, scratch, scratch. He was moving upward, standing on whatever allowed him to reach the opening, but Josie wasn’t paying attention. Erika’s lips were on her ear. Josie leaned closer to hear.

  “I know who it is,” she whispered and then she kissed the lobe of Josie’s ear. “I can get us out of here.”

  CHAPTER THIRTY-EIGHT:

  Torrance Memorial Hospital, Torrance

  “Hey.”

  Liz walked toward the bed where Archer lay, but she spoke to Hannah who was keeping vigil. Bathed in the soft glow of the light box that allowed the nurses to check vitals while their patient slept, Hannah looked ethereal and exhausted.

  “Hi.” Hannah smiled as the older woman pulled up a chair next to her.

  “Have they got him knocked out, or is he just sleeping?”

  “Knocked out.” Hannah shrugged casually, but Liz saw beyond her pretense. The girl’s hands were tightly clasped, her eyes didn’t leave Archer’s face, and she leaned toward him, not away. Hannah said: “Thanks for calling and letting me know he was hurt.

  “No problem. I thought he needed a friend,” Liz said. “Sorry I couldn’t pick you up.”

  “It’s okay. Burt drove me down. He had to go back to the restaurant. He’s going to pick me up later.”

  “I can take you home,” Liz said.

  “No, it’s okay. I’ll wait for Burt. He’ll come back after he closes.”

  “It’s only nine-thirty, and Burt doesn’t close up until two,” Liz reminded her.

  “I don’t mind. I want to be here. He stayed with me when I needed him.”

  Liz looked at Archer then back to Hannah. She got it. Burt and Archer were family; Liz was only cop. In a few hours she wouldn’t even be that.

  “Did Hernandez get away?” Hannah asked.

  “No, he’s here.” Before Liz finished Hannah all but bolted out of her chair.

  “You’ve got him? He told you where Josie is?”

  Liz caught her arm and Hannah tensed. “He’s in ICU, Hannah. We don’t even know if he’s going to make it. I’m really sorry.”

  Hannah sank back onto her chair. Still beautiful, still young, she looked so tragic and vulnerable that Liz would have changed places with Archer just so Hannah would have someone to lean on.

  “What if he dies?” Hannah asked, her voice so quiet Liz could barely hear it.

  “Then he dies, and we keep going. We know there was a woman who visited him. We know there was a man who came with her. We know a small car was seen at the pier and at Erika Gardener’s place. I have phone numbers to check. We’ve got stuff going on. We do, Hannah.” Liz’s bottom lip disappeared under her top teeth. She bit hard hoping to squeeze out the right words, but Liz never had kids and never had much reason to talk to one unless they were stumbling out of Sharkeez drunk as skunks. Finally, she simply gave it her best shot. “I’m not going to give up. You shouldn’t either.”

  There was nothing more to say so they kept their eyes on Archer who was as still as death. Occasionally, the silence was broken by a beep from one of the machines, the rumble of a cart being rolled down the hall, nurses speaking in hushed tones just outside the door. The two women didn’t notice. Each was lost in thought.

  Hannah thought Archer looked old in the limp hospital gown. It had fallen off one shoulder and she could see the heart monitors. His hair was messed up, his big body pierced with IVs, his boxer’s face slack and his face pale. It was only three days ago he had found her in his apartment, two days ago when he had been so forceful and sure of himself. He took command of the search for Josie, he stood up for her in court, and he actually smiled when the judge ruled in their favor. Archer was the next best thing to Josie, and Hannah could do nothing for either of them.

  “A lot of people say they’d throw themselves in front of a train for someone they love. I always thought that was a saying.”

  “Josie’s lucky,” Liz muttered, surprised to find she didn’t begrudge Josie Archer’s affection any more. She tilted her head. “You know, he doesn’t look so bad considering he mixed it up with a train.”

  “You haven’t seen the other side of his face,” Hannah joked, only to turn serious again. “Another second and they say he would have probably lost his leg.”

  Liz nodded, but she wasn’t really thinking of Archer’s leg. She was thinking of that second Hannah mentioned. If Archer had jumped one second earlier he would have cleared the train. If he waited one more second, Hernandez would be free but easily tracked down. One second of hesitation would have left Archer on the right side of the train and Liz wouldn’t be facing review. A second and they would know where Josie Bates and Erika Gardener were right now.

  One damn second. It didn’t seem fair to any of them. Still, what Archer had done was amazing and selfless and heroic. Whether Liz remained a detective or not didn’t matter much in the grand scheme of things. Whether Archer and Josie Bates and Erika Gardener survived, did. Still, one lousy second and Liz could have held on to what she had, too.

  “Do you have someone to stay with tonight?” Liz asked.

  Hannah shook her head. “No, but it’s cool. I’d rather just go home. Max is there. I’ll be near the phone. I’d rather be alone.”

  “You got it.” Liz started to get up, but Hannah stopped her.

  “The county is going to take me into custody if I don’t have someone to supervise me.”

  “I know.” Liz put her hand on Hannah’s shoulder and patted it. Inste
ad of shrugging her off, Hannah touched her. The girl’s fingers tapped gently.

  “Maybe you could, you know, stay and make it look like you’re going to take care of me. I mean when they come, I could tell them that a detective is going to be responsible.”

  Liz hesitated, wanting to say yes in the worst way. Instead, she slid her hand off Hannah’s shoulder.

  “I can’t. I’m sorry.”

  “I get it. It’s asking a lot,” Hannah said.

  “It’s not that. It’s – work.” Liz couldn’t even bring herself to tell this girl she’d been disgraced. Once more, Liz Driscoll was letting someone down.

  “You’re right. I’d rather have you looking for Josie. I wouldn’t care normally, it’s just that I know they won’t tell me when you find her,” Hannah said.

  “I’ll try to run some interference.” The false promise was out of Liz’s mouth before she could stop it. Maybe she was just trying to convince herself that she’d find a way out of this mess. “Gotta go, Hannah. You hang in there.”

  “Will you try to talk to Hernandez?”

  “I’ll poke my head in, but I doubt either one of these guys will be doing much talking tonight. Get some rest.”

  “You, too, Detective Driscoll,” Hannah answered, her eyes back on Archer.

  There wasn’t anything left to say, so Liz left Hannah as she found her. It was only a few minutes later when a nurse came into the room. Hannah didn’t even notice her until she leaned close and whispered:

  “What would you like me to do with his things?”

  An Outbuilding in the California Mountains

  “Help me. Let me see,” Erika hissed.

  Excitedly, she motioned for Josie to help her. Afraid to make too much fuss, Josie balanced on one knee and planted her other foot solidly on the hard earth. She cupped her hands and nodded when she was ready. Erika put one foot into the saddle Josie created. There was a presumed count to three, and then Josie lifted Erika high enough to put her other foot on Josie’s knee, raised tall enough to see through the little hole in the wall.