On cross-examination, Marc was able to nail down the fact that just because a call pinged a tower at that time, there was no definite proof that particular ping was the call that came into the 911 center. He was grasping at some pretty thin straws and he knew it, but if he could discredit the anonymous phone call then the subsequent search would be illegal and the evidence obtained from it would be thrown out.
The next witness was police Sergeant Tim Clark, one of the two cops who were first on the scene. He was called to establish probable cause for the arrest of Prentiss. He testified about his partner taking the call and the two of them investigating the scene. Jennifer Moore had done a good job preparing him and she conducted the exam. She led him through what they had done with special attention paid to how cautious they had been and the minimal amount of intrusiveness they had committed.
The sergeant gave a full and graphic description of the scene they found in the bedroom. Moore used the Sergeant to introduce a single picture of Prentiss lying on top of Catherine with his hand on the knife. Obviously enough to meet the threshold necessary for the arrest.
The final witness was the head of the crime scene unit, Police Lieutenant Carl Mikan. He used a photo of the scene to walk the judge through what the forensic evidence indicated. Gordon Prentiss attacked his wife in her bedroom with a butcher knife. The knife itself was one of a set of knives found in the kitchen. Mrs. Prentiss was able to strike her husband across the side of the head with a vodka bottle just as the defendant stabbed her in the chest. According to the Lieutenant, the physical evidence was clear and there was no other plausible explanation.
While the forensics expert was testifying, Marc took the time to look over the audience. The media was out in full force again. He made eye contact with a couple of them, but mostly they ignored him and concentrated on the testimony.
When it was Marc’s turn to cross-examine the forensics expert he decided to pass. This was a probable cause hearing and not the trial. The only real issues before the court were the legality of the police entry into the Prentiss home and if there was probable cause to arrest Gordon Prentiss.
Normally, these hearings can be used by the defense to get a good look at the evidence and witnesses against the accused. Marc had already received everything that the prosecution had that would be presented at trial. Marc’s main goal today, was to have the search ruled to be illegal. Prentiss, being a judge himself, admitted the odds of that happening were very small.
When the forensics officer was finished, Gondeck informed the court he had no more witnesses and argued that the search was legal and probable cause was clearly established.
Both the defense and the prosecution had presented written pleadings setting forth their legal arguments. Even so, with a crowd of reporters in attendance, making an oral argument for the record couldn’t hurt.
Marc also made a record of his request for a new judge and a change of venue. Before Rios ruled, she called the lawyers to the bench.
“Do you know, Mr. Gondeck, that I am a friend of Judge Tennant with whom Mr. Kadella has a personal, intimate relationship?”
“No, your Honor, I was not aware of that. But I respect you enough to have no objection to your presiding over this case if that is what you are wondering.”
“Thank you, Mr. Gondeck. You may return to your seats.”
“Nicely played,” Marc whispered to Gondeck as they walked back taking a small jab at him for sucking up to the judge.
“I thought so,” Gondeck replied stifling a smile.
“I’ve read over your briefs,” Judge Rios began when the lawyers had been seated. “And after hearing the testimony, I’m ready to rule.
“Mr. Gondeck, the phone call that led the police to search the Prentiss residence is a little thin. It’s hard to hear, almost unintelligible and I’m not entirely comfortable with it.”
Marc looked at Gondeck who was maintaining a poker face despite listening to a possible end to his case.
“However, I find it legally sufficient especially combined with the conduct of the two officers. They were professional and did their jobs as best as they could given the circumstances. With that ruling, there is obviously probable cause for the arrest and the evidence gathered shall not be excluded. I want to see all four of you, including you, Judge Prentiss, in my chambers please.”
The three lawyers and Prentiss took seats in front of the judge’s desk while she removed her robe and hung it on a coat rack. She sat down and started the conference by saying, “Trial date and how long Mr. Gondeck?”
“We’ll need at least three months to prepare and four weeks for trial.”
“Nonsense,” the judge said. “How much more evidence do you think you’re going to find? Two weeks maximum. Mr. Kadella?”
“I want this tried as quickly as possible,” Prentiss said before his lawyer could speak. “I’m the defendant and I want to exercise my right to a speedy trial. There isn’t that much of a case to put on. I want this over with by mid-July. Three weeks from now.”
Marc’s initial reaction was a desire to slap his client and shut him up. He quickly realized Prentiss was right; the sooner the better. Why give the prosecution more time to dig further?
“I agree, your Honor,” Marc said surprising everyone in the room.
“No way,” Gondeck said almost jumping out of his chair. “That’s not nearly enough…”
“Then agree to bail so my client isn’t sitting in jail waiting for you to prepare,” Marc said.
“No chance. But to be ready in three weeks is unreasonable,” Gondeck replied.
“Mid-July it is,” Rios said ignoring Gondeck. “Monday, July 15th. What about discovery?”
“He has everything we have,” a chastened Steve Gondeck said.
“Mr. Kadella?”
“If he says so,” Marc shrugged.
“Discovery and any pretrial motions will be completed by July 8, one week before trial. I’ll issue an order. If there’s nothing else, I guess we’re done.”
They went out into the courtroom to find most of the media gone. Gondeck and Moore left without a word to Marc. Marc pulled his client aside so the deputy waiting for Prentiss could not overhear them. Before Marc said anything, Prentiss said, “I apologize for my outburst. It was entirely spontaneous. I’m sorry, I won’t do it again.”
“Don’t worry about it. I’ll come see you tomorrow.”
They shook hands and Marc watched as the deputy led him away.
SIXTY-ONE
Maddy Rivers had been sitting in her car for over two hours waiting for her surveillance subject to come home. She was parked on a tree-lined residential street in North St. Paul, between two cars in front of his neighbor’s house. Several teenage boys had gone by on bikes and skateboards. A couple of them slowed down to look her over but had said nothing. In this quiet residential neighborhood, she felt like she stood out like a neon sign.
Maddy was working her way through the fourteen threatening letters that had been sent to Prentiss by disgruntled people. Every one of them was from criminal cases over which Prentiss had presided. So far, she was coming up with nothing.
Of the ten she had checked so far, four were dead, all by lead poisoning after being shot. Of the other six, five were still in prison and the other one had moved to California. The five still in prison couldn’t be ruled out since they could possibly get outside help. She had reviewed their cases, provided by an admiring probation officer she knew, Maddy doubted any of them could pull it off. They were all small time idiots without the resources.
The man she was currently looking for was a complete puzzle to her. Sentenced by Prentiss to ten years for embezzling forty thousand dollars from an employer, his sentence was commuted by Prentiss himself in less than a year. The man had written a pretty serious letter to Prentiss after he was sentenced which was highly unusual for a non-violent crime. When Maddy tried to dig into his criminal record, it came up completely clean.
Just be
fore sundown she saw the headlights of a car coming down the street toward her. It was the first car she had seen moving on the street in over an hour and was hopeful this was the guy. Maddy put the romance novel she had been reading on the passenger seat and slumped down so as not to be seen.
The car cruised past her without slowing down. She looked at her watch and knowing it would be dark soon, decided to give it another half hour then call it a night. It was already too dark to read so she simply sat staring through the windshield at the subject’s house. She heard a light tap on her window, turned her head and saw a man’s face with a flashlight under his chin staring at her through the glass. Maddy let out a scream, grabbed her purse and started searching for her gun.
“No, no,” she heard the man yell. “Don’t shoot me,” he continued laughing.
“Jesus Christ, Carvelli! I just about wet my pants and shot you! What the hell are you doing?” she yelled when she saw who it was.
“Open the door and let me in,” Tony said as he started to walk around the front of the car.
“That’s not funny!” Maddy yelled at him and hit him on the shoulder when he got in her car. “I could’ve shot you. I should’ve shot you.”
“I would’ve ducked. Besides, it was too funny. What are you doing here?”
“Where did you come from?” she asked.
“I drove by a couple of minutes ago. What do you want with Nathan Tollman?”
“That was you?”
“Yeah. What are you doing here?”
Maddy quickly told him about the threat letters and that she was checking them out for Marc. When she finished, she asked, “What are you doing here? Who is Nathan Tollman to you?”
Tony hesitated for a moment while he thought it over. Then, quietly said more to himself than Madeline, “That explains how a guy could go to prison for embezzlement and then become a bank president.”
“A bank president? Tony, what the hell are you talking about?”
Tony looked at Maddy and said, “Nathan Tollman is president of Rosewood State Bank in Roseville, a bank that is owned by none other than Leo Balkus. Nathan Tollman is Leo’s money washer.”
She thought about what Tony just told her then said, “What the hell is going on here? Prentiss sentences this guy to ten years. He sends Prentiss a threatening letter then, a year into a ten-year sentence he’s out, his record is expunged and he goes to work as a bank president for Leo. Would the banking commission or whoever it is that regulates banks even allow it?”
“If his record was clean, they wouldn’t know about his conviction,” Tony said. “It seems we may be overlapping our investigations. I think it’s time you meet someone. Follow me, okay?”
“Okay,” a thoroughly puzzled Maddy answered.
A half hour later, Maddy parked her Audi next to Tony’s Camaro in the parking area in front of the Corwin mansion. She got out of her car, walked over to her friend and reverently whispered, “Who lives here, the Pope?”
“A very nice lady. You’ll like her. I phoned ahead. She’s waiting for us.”
One of the evening staff answered the door and let them in. Before they went very far, a smiling Vivian Donahue came walking across the marble covered foyer toward them.
“Hello, Anthony,” she said as she approached them. “And you must be Madeline Rivers. It’s a pleasure to meet you.”
“Thank you, ma’am,” Maddy managed to say while looking over the inside of the house.
“Oh, God, please call me Vivian,” she said as she slipped her left arm through Maddy’s right and started to walk off leading them both to the library.
As they followed Vivian across the foyer, Maddy poked Tony in the ribs and said, “Anthony?” to which Vivian turned her head at them and smiled.
Vivian opened the library doors for them and followed them in. After they were seated, Vivian on one couch facing the two investigators, said, “Anthony, you didn’t tell me she’s so gorgeous.”
“Thank you,” Maddy politely replied, still a little awed by the setting.
“Youth is wasted on the young,” Vivian said with a smile.
For the next half hour, Tony and Vivian explained their interest in Nathan Tollman and how he relates to Leo Balkus and Gordon Prentiss. When they had finished, Vivian said, “What any of this has to do with his trial for killing his wife, I have no idea.”
“I’m not sure if I should tell you this, but Prentiss insists he’s innocent. Claims he is being framed. I’m looking at anyone who might possibly have done that. Tollman sent him a threatening letter at one time.”
“May I see it?” Vivian asked.
Maddy pulled Tollman’s letter out of her bag and handed it across the table. Vivian read it, and then handed it to Tony.
When Tony finished reading it he gave it back to Maddy and said, “It’s a little vague. All he says is he knows people and Prentiss will be sorry.”
Vivian looked at Tony and said, “Tell her about Leo Balkus and Gordon Prentiss. Or, what we suspect.”
Tony brought Maddy up to date on his investigation of Leo and what they believed about his relationship with Gordon Prentiss.
“Does Marc know this? His trial starts in a few days and…”
“We’ve been concentrating on Leo, not Prentiss. I’m sorry, but I must confess I did not see a connection between Balkus and Catherine Prentiss’ murder,” Vivian said.
“I didn’t either. I talked to a couple of guys with the MPD and word is Prentiss is a slam dunk conviction. You and I can see Marc tomorrow. We’ll lay it out for him and see what he thinks,” Tony added.
SIXTY-TWO
Marc Kadella was seated at his desk working on the preparation for the rapidly approaching trial. Marc had no court appearances to make or client appointments this day. Because of that, he was dressed very casually in jeans, sneakers and a knit pullover shirt. As always, serious doubts were creeping into his head and the closer the calendar got to the trial date, the higher his anxiety quotient arose. It was becoming abnormally high with this case because he was having difficulty coming up with a viable defense or a way to create reasonable doubt in any of the juror’s minds.
Madeline was busy tracking down the senders of Prentiss’s threat letters, but so far, no luck. Marc intended to call the sheriff’s deputy who had been the record keeper of the letters. Marc could use his testimony to authenticate the letters as being given to the sheriff’s office by Prentiss. Other than that, the man could offer nothing to point to a possible candidate who attacked Gordon and murdered Catherine.
Marc was staring at an 8 x 10 photo of a section of the floor in Catherine Prentiss’s bedroom. He had looked at this specific picture at least ten times already and there was something about it that nagged at him; an itch he couldn’t quite scratch. It was mostly a photo of moisture in the carpeting of Catherine’s bedroom. It was from the vodka that had splattered about the room when the bottle that had struck Gordon’s head exploded. Marc turned the picture upside down, sideways and right side up trying to figure out why the pattern of the wet carpeting looked odd. The carpeting itself was a light blue and the wet stains were much darker and easy to see.
Marc looked up when he heard a soft knock on his closed office door. Carolyn opened it and informed him that Maddy Rivers and Tony Carvelli were here to see him. Carolyn stepped aside as the two investigators entered his office then she quietly closed the door behind him.
“Are we interrupting?” Maddy asked.
“No, it’s okay. What’s going on?” Marc asked looking back and forth at them. “Hey, look at this and tell me what you see.”
Maddy and Tony took the two client chairs in front of his desk as Marc handed the photo to Tony. Tony held it so they could both look at it together. After just a few seconds, Tony said, “I see a wet carpet with an outline of a shoe on it.”
“Yes,” Maddy said pointing at the picture. “Behind the door. It could be the outline of the front of a shoe that was made by whatever splashed
on the carpet.”
“I think so too,” Marc said, a little excited that his friends also saw it. “That’s the carpeting in Catherine Prentiss’s bedroom. This photo was taken the night she was killed. That spot is exactly where Prentiss said someone hit him from behind.”
“It’s a little thin,” Tony said as he handed the print back to Marc.
“Hey, it’s one piece to maybe create reasonable doubt. We’ll see,” Marc shrugged, a little deflated. “Why did you drop by?”
Tony said, “I think our two cases may be overlapping.”
Tony spent a few minutes filling in Marc on his investigation of Leo Balkus. He told him about the expensive pleasure palace Leo was running and the hook Leo had in Gordon Prentiss.
“And you didn’t think this was important enough to tell me?” Marc angrily asked.
“Hey! How was I supposed to know…?” Tony began to respond.
“Stop!” Maddy loudly said to both of them. “We’re not going to do this ‘mine’s bigger than yours’ little boys game.”
“Sorry,” both men meekly said.
“Marc, look,” Tony said, “I talked to some guys with the MPD and the Prentiss thing looks like a done deal. I couldn’t understand why you even took it. Plus I have a client whose confidence I have to respect. Last night, she gave me permission to tell you everything I learned.”
“Last night, he found me sitting in front of Leo’s banker’s house. Except, I didn’t know he was Leo’s banker,” Maddy interjected and also told Marc about Tony sneaking up on her and scaring five years off her life.
“That’s when we got to talking and I told him about Prentiss claiming there was someone else in the room. A third person hit Prentiss with a bottle and framed him.”
Marc thought over this news for a minute or so before saying, “You think Leo might’ve had something to do with this?”
“Maybe,” Tony answered.
“Why? What would Leo have to gain by murdering Catherine and framing Gordon for it?” Marc asked.
“I don’t know,” Tony said. “I’ve been thinking about it and I’m not sure. Maybe he lost control of him with this senate appointment thing.”
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