The two met with the lieutenant and later that day with the captain. The further up the chain-of-command they went the less direct the answers became and the longer the time schedule for starting a department sanctioned tail was delayed. The captain even suggested that until such time as the chief approved, Killian should call Ross off. The day ended at five-fourteen. Killian bid the sergeant good-bye and left for his apartment.
~
It had been a bad day, as terrible a day as he had feared in his worst anticipations. Killian drank a Heineken and then a second and then a third. At six Ross called by telephone since Killian had failed to make contact with him as arranged.
"Take off. I went to the department with enough of it and they want to kick it around before committing themselves to a course of action. It was even suggested that I break this surveillance off until it is officially sanctioned."
Ross spoke after a pause. "You can't let them do this to the case. The guy's guilty and he'll kill again while they fuck around with it. What are you going to do, Bob?"
"I don't know. I thought I did once but I don't know now."
"So what's changed? You must have known that this would happen once you went official with it. Shit, we've both seen it often enough to make our stomachs turn. You hinted once at a plan. It seems like it's time to use it or at least hash it out with a friend." Killian didn't say anything. "Look, Bob, think about it," Ross resumed. "I would not bother to tail the turkey tonight. He does his damage in the day light. I'll be home. Call if you need me."
Killian said he would and hung up. He had opened a fourth beer when the phone rang again. "Hello." It was Rachel. "Are you busy tonight?"
"No, not now. I had plans but they're cancelled."
"I'd like to come over if it's O.K."
"That’s the only good news I've heard all day." Just before she hung up Killian said, "Rachel. Bring beer."
"So it's like that is it?" she said laughingly.
Killian couldn't eat and when she took him to bed he nearly couldn't make love but at the last minute it changed and for a time he forgot it all; the dead girl, the sadistic son of a bitch, bureaucracy, the law, courts – all of it. All there was, all that counted, was the woman beside him; her flesh, her caress, her
sharp cries of pleasure and the depths in which he lost himself – far, far down until he felt he was sinking or falling, adrift forever, far away and totally apart from his own body and from the place of the loving.
When at last she spoke it was from far away, a distant whisper he didn't hear at first, only after she said it more than once. "Are you alright?" she whispered. He said nothing, unable to reply. "You're so different. Do you want to talk?" she asked.
He couldn't speak, not then, not until later.
He returned to his body after the passage of an indeterminate time and thirsty, went for a beer. Rachel drank one with him, sitting beside him in the blackness, watching the small, fresh water fish float in his tank beside the glass sliding door, the city lights framed by the door way.
"What are you going to do?" she asked again.
Killian shrugged. "What can I do?"
"Isn't there something you can do? Something to keep the department from screwing it up?"
"I had a plan once. But it's not official and it could be dangerous and I don't want to ask anyone else to stick out their neck but I can't do it alone."
"What's the plan?" she coaxed.
"It's not important. It's in the department's hands now. It'll probably all turn out for the best. I'm out of it."
"What will probably happen now?"
Killian sighed. "The tail will get spotted and pulled. They'll catch him eventually since now they know who he is but not before he kills at least once more. Even if they get him making an attempt they'll step in before he does too much and he won't pull much time."
"Tell me your plan. I want to hear it."
Killian paused, sighed again, now mildly depressed. "I wanted to wire a police woman dressed as a flower girl and put her on the street with backups and a recorder. When he goes for her, we'll have it all on tape. When we've got enough, we move in. The least we'll get him for is kidnapping and assault with a deadly weapon. Either of those charges plus the probation violation could put him away for a long time."
Rachel said nothing for a long time. "It was very close Sunday wasn't it?"
"Yeah, we almost had him."
"I mean for the girl. If Ross hadn't been right there we would have another body wouldn't we?"
"Probably."
"I believe you now, believe he is the one. I don't know how you knew before and I don't want to know but I believe it now. Something ought to be done." Killian said nothing. "So call Ross. We'll help. We'll set it up and go with it tomorrow."
Killian looked down at her. "What?"
"You're not the only one capable of righteous indignation and you’re not the only cop in town. Call Ross, run it down. We'll do it tomorrow. I'm off tomorrow and Wednesday. If we play it right he will probably make a move."
"Rachel, this could be very dangerous. He used a knife last time. You'd be alone with him, probably at knife point. He'd be around but he could kill you before we got to you."
"No, I don't think so. There's nothing he wants he can get from me in the car in downtown Phoenix. He won't hurt me, not until he gets me alone out of the city. You two can move in well before it goes that far. I'm a cop. I know what to do. Hell, Bob, I'm as big as he is and probably a lot stronger."
"I don't know."
"Look, it's a good plan. It's worth trying. We can't get him for the dead girl, so we get him for this."
CHAPTER NINETEEN
Worthington had completed a busy day following his meeting with Killian. He had never considered himself to be a risk taking man, no one who went into government employment for a career could be said to take employment risks. But that was not to say that he was unwilling to take career risking chances. The predicament presented to him by Killian weighed heavily on Jared's probation officer. Monday night he had considered the problem at length.
Killian had made no direct request but it was obvious that he hoped to imprison Pratt through a probation violation if at all possible. The information he had given Worthington at the top of the stairs convinced Worthington that there was a strong likelihood Pratt had killed the flower girl and from his actions the previous Sunday would probably kill again if allowed to.
What Worthington told the detective was true. He could request a warrant for Pratt’s arrest on what were termed “technical” violations of probation. It was highly unlikely that a prison sentence would result from them if a court ruled Pratt in violation, but from long years’ experience Worthington knew that having a valid warrant for someone's arrest made the job of a police officer easier. More than once Worthington had issued warrants on heroin addicts for missing appointments or failing to report to drug programs. But instead of simply filing these warrants into police records he had on some occasions called the officer investigating the probationer and advised him that a felony warrant was outstanding. With this knowledge the officer had placed the man under surveillance and waited for an opportune time to make the arrest like when the probationer was standing on a street corner with a known dealer looking about suspiciously.
A normal stop at such a time would not allow the policeman to search the man but if the officer selected that moment to serve the warrant, then all the drugs found could be used against him without the risk of the case being thrown out of court because the officer had no reason to stop the man. He’d had the best reason of all for an officer to stop a citizen. He had been serving a lawful warrant.
On other occasions officers had held warrants for weeks waiting for just the right moment before going to the offender's house and arresting him. An arrest within a house permitted the officers to search the immediate area and if they knew from informants something could be found, then they would select the moment for the arrest.
<
br /> Even if the felony probation violation warrant was for trivial, “technical” probation violations for which the court would not send a man to prison, if at the time the warrant was served something else illegal was uncovered it could be used against him. It put the seal of approval on whatever occurred.
Worthington knew all of this but he was uncertain if Killian knew the extent this practice had been used in the past by some P.O.'s. Possibly the officer simply hadn't known enough to ask.
Just before going to bed Worthington thought that with a man like Pratt that might be just what Killian needs.
~
She stood on the street corner feeling absurd and out of place. Killian had arrived first and informed Bud's girl that she would be selling her flowers elsewhere today. The girl had objected but allowed herself to be relocated. Now Rachel stood in her place, flowers Ross had bought spread about her, uncertain as to how much to ask for them and uncertain as to what she should do or say.
Ross had come over the night before and the three conspirators had made their plans. Ross had been enthusiastic from the beginning and welcomed his part in the operation. His job was to get the necessary equipment together as he had ready access to it because of his usual duties. He was to pick up Pratt at his cottage and tail him precisely as he had the days before, keeping in regular touch with Killian who was located in clear sight of Rachel.
Rachel had had some difficulty equipping herself for sound and still maintain the proper clothing necessary for the success of the operation but she had managed. Ross kept the recording equipment in his car because he was the most experienced in using it and because if the plan came down he would be right with Pratt from beginning to end.
Killian was back up. It was anticipated that if Pratt took the bait he would head for the desert as he had with Tracy Fremont. With this assumption Killian located himself west of Rachel's location and once she was abducted he would follow her, but in front of Pratt rather than behind. Ross would bring up the rear.
Their plan called for them to summon marked units as soon as they moved against Pratt. The weak link was that they had no way of knowing in advance if any would be available. Such were the problems when one mounted an unofficial operation.
~
Pratt emerged from his cottage at four-eleven. Ross relayed the information to Killian who alerted Rachel that she would need return to her post soon. She had worked as flower girls do for about one hour but before she burned in the scourging sun she had joined Killian in the shade across the street. There was no need for her to be out since they all knew their prey was still at home.
Pratt’s initially drove rambling across the city with no apparent destination in mind. He went into two pornographic bookstores, then turned west on McDowell. Jesus, Ross thought, that guy's got a one track mind.
"Westbound," he called into the radio. Killian acknowledged before directing Rachel to resume her post. The woman officer was carefully briefed on a description of Pratt’s car. In addition, Killian would sound his horn when Ross radioed him that their man was nearing her location. She would be on the alert. An experienced officer, she knew how to avoid the delicate legal technicality of entrapment.
Courts were quite liberal with their interpretation of the question, generally supporting the police as long as they had not provided the means for the crime nor put the original idea into the criminal's head. Rachel needed to be careful in what she said when Pratt stopped. Otherwise the case would never get passed the first hurdles to trial.
The fair skinned policewoman stood in the blazing sunlight and shielded her eyes with an upraised hand. She struggled to maintain a nonchalant air but within her raged a fierce battle for outward calm. Relax, she thought, the guy will really be freaked out. Just play your part and keep him talking.
Contrary to her protestations she did not feel the absolute confidence in her ability to protect herself she had expressed to Killian. Anything could go wrong, but some things were bigger than personal, or for that matter professional, risk and for those reasons Rachel stood on the corner, a slight tremor in her lower chin, biting her lower lip, ragged fear gripping her stomach.
Oh God, please don't let him hurt me, she said to herself as Killian sounded his horn and she caught her first glimpse of the dilapidated Ford approaching. She sucked in her stomach and smiled her most beguiling, seductive smile though she knew it would have little to do with pulling in her prey.
~
Ross was tailing Pratt at a respectable distance. Since the incident at the McDowell mountains he maintained clearer vision and did not stay as far back. Ross averted his eyes for a moment when he spotted Rachel down the street so he could test the recording equipment which he only just then activated. As instructed, Rachel began talking the moment Killian sounded his horn. Ross heard her voice, quivering slightly, a little breathlessly, identifying herself as a police officer and setting the
time, place and date for the tape.
Ross heard Pratt’s car drive up through the recorder's speaker, a peculiar sensation since he actually viewed the vehicle at some distance. The scene was disjointed and unnatural to him although he had used the equipment many times previously in drug cases.
Ross had greeted Killian's plan the night before with greater enthusiasm than Killian had hoped for. This kind of operation was always risky and in this particular case involved placing a female police officer in extreme jeopardy without official approval or proper backup.
The decision to help had actually been made the Sunday before when Ross observed the aborted attempted abduction. Ross had known then beyond any doubt that this man was a sadistic murderer and he knew that if possible he would play a role in apprehending him.
He and Diana had long ago discussed his career plans and they had both concluded that Ross had no temperament or taste for command. He would end his police career at forty-four when his twenty years with the force ended, still a working cop.
A load had been lifted from his back with the making of that decision and the previous night with Rachel and Killian he had experienced no difficulty in agreeing to help. He had accepted the professional risks. The department wouldn't fire him for his part in this operation if it was botched. The worse possible consequence for him that he could imagine was to spend the remainder of his police career at some desk job. His only immediate fears as he watched Pratt’s car approach Rachel was for her safety and the success of the operation.
Jared was surprised and acutely disappointed to see a different girl on the same corner. He eased up on the gas and stared at Rachel attempting to will her into the girl he had seen the day before. Jared didn't like strange girls – new girls – he liked ones he had seen before, watched and thought about. He had been set on the other one and now she was gone. Disappointment filled his stomach.
Jared slammed his foot down and the car lurched ahead. Rachel blinked when the car suddenly took off. She had been certain Pratt was stopping. Killian let out his breath and swore vehemently. Ross maneuvered through the traffic, careful to keep Pratt in sight.
"What happened?" the radio crackled. It was Killian knowing full well what had happened but wanting to hear Ross’ voice nevertheless.
"He doesn't like our girl. Let's keep it up though. He'll be back if I know our man."
.~
Rachel heard none of this and acutely aware that she was being recorded, kept her thoughts inaudible. She continued smiling brightly as a car pulled in to purchase flowers. Shit, she thought, I hope he doesn't know me.
Ross maintained the tail for three more hours during which Pratt drove passed Rachel four times, never once stopping. Each time Rachel assumed her place ahead of him and did her best to lure him over. By late afternoon he had returned home and Killian cancelled the operation for the rest of the day.
Ross maintained a vigil over Pratt’s cottage while Killian and Rachel went to her apartment.
"Now what?" she asked as they drove through the traffic. Killian
didn't say. "Maybe I'm too old for him," she continued. "I'm almost ten years older than the dead girl."
"No, that's not it. You look the part. He's interested or he wouldn't have come back all afternoon. No, he's just not predictable over the short run. He'll try but who knows how long it will take him to work up to it."
"Now what?" she repeated.
"We do it again, tomorrow." Killian glanced at Rachel who nodded.
"Tomorrow," she replied, firmly.
~
At seven that evening, Killian relieved Ross and remained in place until midnight when he returned home for a fitful night's sleep.
He avoided Bustamante the following morning, not wishing to engage the man in conversation. He had no desire to lie if he could avoid it. When Killian reached his desk he was surprised to see an urgent message from Worthington. Glancing at his wristwatch, he decided he had time for a quick call before meeting up with the rest of his unofficial team. The detective hung on the line for several minutes while Worthington was paged to his phone.
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