Immoral

by Brian Freeman

  “Did you consider the possibility that she had been abducted by a stranger?”

  Stride nodded. “We interviewed all known sex offenders within a hundred-mile radius of the city. We investigated several who could not provide definite alibis for Friday night. There was no evidence that they were anywhere near Duluth. No one recognized their photographs or their vehicles in the area surrounding Rachel’s house.”

  “Are there other elements of the crime that, in your experience, are inconsistent with a stranger abduction?” Dan asked.

  “Yes. Virtually all stranger abductions occur in rural or isolated areas. Country roads, for example. It’s highly unusual for a girl to be taken off a city street near her home. Most sexual predators don’t want to risk identification by waiting in a populated area or abducting someone where their screams and resistance could attract attention from neighbors. Instead, they commit crimes of opportunity. A lonely road. An unfortunate victim. Since we know Rachel made it home that night—her car was parked outside—we know she was in a well-traveled neighborhood.”

  Dan returned to the prosecutor’s table long enough to take a drink of water. He didn’t want to rush the jury. Stride was presenting a complex scenario, and it was important that the jury follow the chain of evidence and conclusions.

  “Eventually, did you find further evidence of what happened to Rachel?” he asked.

  “We did.”

  Stride described the tip from Heather Hubble that led to the discovery of Rachel’s bracelet and the search of the area near the barn where it had been found.

  “As a result of that search, did you find other evidence that Rachel had been at this location?”

  “Yes. We uncovered a scrap of white cloth with dark stains on it. The stains appeared to be blood.”

  Again Dan produced the evidence and introduced it. “Why was this discovery significant?” Dan asked.

  “We believed that Rachel was wearing a white turtleneck that she had purchased the weekend before on the night she disappeared. The cloth matched the general characteristics of the turtleneck. We forwarded it to the Bureau of Criminal Apprehension in Minneapolis for analysis.”

  Dan didn’t pursue any more questions about the turtleneck. Immediately after Stride, Charles Yee—Dr. Unshakable, as he was known in the Minnesota criminal court system—would take the stand to begin putting the forensics pieces in the puzzle. Yee had compared the cloth to another turtleneck from the same manufacturer and concluded that it was consistent with the brand and style of turtleneck Rachel was wearing, and the bloodstains would be linked to her by DNA matching.

  “At that point, Lieutenant, did the nature of your search change?” Dan asked.

  “Yes. We concluded that Rachel was dead and began searching for a body.”

  “But you didn’t find a body, did you?”

  Stride shook his head. “No, we searched miles and miles of forest surrounding the barn. We used both police and volunteers to go yard by yard through a precise grid. Unfortunately, there are simply too many places to hide a body up here.”

  “Nonetheless, are you firmly convinced that Rachel is dead?” Dan asked.

  “Objection,” Gale called. “The witness has no direct knowledge of whether this girl is dead or alive.”

  Dan shook his head. “I’m asking for a conclusion based on the lieutenant’s extensive experience in homicide investigation. He’s an expert.”

  Judge Kassel pursed her lips. “I’ll allow it. The witness will answer.”

  “Yes, I believe Rachel is dead,” Stride said. “It’s the only reasonable explanation for the evidence.”

  “Let’s backtrack for a minute, Lieutenant. In addition to the bloody piece of fabric, did you find any other evidence at the crime scene?”

  Gale stood up again. “Your Honor, the prosecution has characterized the location as a crime scene without definitive evidence of a crime.”

  Judge Kassel nodded. “He’s right, Mr. Erickson.”

  Dan was unperturbed. “Did you find anything else near where you found the piece of cloth?”

  “We did,” Stride said. “There were many overlapping footprints in the dirt area behind the barn, where cars usually park. We were unable to find anything useful there. But less than a yard from where the piece of fabric was discovered, we found several partial footprints of an athletic shoe, size twelve. We also found prints from a different athletic shoe, size eight.”

  Dan introduced photographs of the footprints, followed by reconstructions of the tread marks. “Were you able to identify the brand of shoe associated with the size twelve footprints?”

  “Yes, the pattern is distinctive. There’s a large red oval in the center of the heel. It comes from an Adidas shoe, model 954300. It’s sold at three locations in the Duluth area.”

  Dan retrieved a paper from the prosecutor’s table and again introduced it as evidence. He turned to Stride. “Will you tell us what this paper is, Lieutenant?”

  “This is a copy of a check written by Graeme Stoner, dated four months prior to Rachel’s disappearance. It’s made out to a store called Sports Feet for a purchase of eighty-five dollars.”

  “How many locations of this store are there in Duluth?”

  “One, in Miller Hill Mall.”

  “Does this store sell the model of Adidas shoe that matches the footprints?”

  “It does. Their retail price at the time this check was written was eighty-five dollars.”

  Dan nodded grimly. “Tell me, Lieutenant, did you find a pair of Adidas shoes when you searched Mr. Stoner’s residence?”

  “No, we didn’t.”

  “No athletic shoes at all?”

  “We found a pair of Nikes that had been purchased recently. They had hardly been used.”

  Dan produced another copy of a check written by Graeme Stoner. “Tell us about this other check, please.”

  “This check is also made out to Sports Feet, this time for seventy-eight dollars. The check is dated the weekend after Rachel’s disappearance. Seventy-eight dollars is the retail price for the model of Nikes we found in Mr. Stoner’s bedroom.”

  “He bought another pair of athletic shoes only four months after he purchased the first pair?”

  “That’s right,” Stride said.

  “And what size were the Nikes you found?” Dan asked.

  “Size twelve. Same as the footprints near the barn.”

  “One more question about feet, Lieutenant. Did you determine what size shoe Rachel wore?”

  “Size eight. That matches the size of the other prints found near the barn.”

  Dan took a moment to stare at the jury and watch their eyes, making sure they were following the significance of everything Stride had described. Stride saw the impact of his testimony in their eyes. They didn’t like coincidences any more than he did.

  “During the investigation, Lieutenant, did you obtain a search warrant for the Stoner residence?” Dan asked.

  “We did,” Stride said.

  “Tell us what you found during this search.”

  “The first significant evidence was discovered on a computer hard drive in Mr. Stoner’s personal office. It was a photograph of Rachel.”

  Dan retrieved an enlarged printout of the photograph. He introduced it as evidence, then showed the photograph to Stride without the jury seeing it.

  “Is this the photograph?”

  Stride nodded. “It is.”

  Dan approached the jury box. Slowly, he turned the photograph around so that all the members of the jury could see it. Several gasped. Stride could see that, involuntarily, the four men on the jury leaned forward. It was impossible not to react sexually to the image of the girl in the picture.

  “In the course of your search, did you subsequently find any other evidence of a sexual nature?”

  “We did. In a rear drawer of a filing cabinet, also in his office, we found several pornographic magazines. The magazines included titles like Candy Girls, Jail Bait
, and Lollypop Pussy.”

  Still studying the jurors’ faces, not looking at Stride, Dan asked, “What kind of magazines are these?”

  “They include explicit photos of models made up to look like teenage girls.”

  Dan returned to the prosecution table, carrying the photo of Rachel. He and Stride had talked about whether to leave the photograph on display on an easel for the jury throughout the rest of his testimony, but both men concluded that the image would be too distracting for the men on the jury, and perhaps even for the women.

  Dan brought out copies of the magazines discovered at Graeme’s house and handed them one by one to the jurors. They flipped through them. Their faces twisted in disgust. Dan let them spend several minutes reviewing the highly explicit photographs, long enough to get a flavor for their perverted nature, but not long enough to become desensitized. He collected the magazines, then extracted another page from his stack of exhibits.

  He handed it to Stride. “Can you tell us what this is?”

  “It’s a printout of phone calls from the Stoner household.”

  “What does it show?”

  “There are regular calls to a number of phone sex services. They average two or three times a month for more than a year. The calls are all to services that emphasize teenage sexuality. Essentially, they allow callers to fantasize that they are having sex with young girls.”

  “Thank you, Lieutenant. Let’s go back to your search of the Stoner household, shall we? Did your search include a minivan owned by Mr. Stoner?”

  “Yes. The minivan was parked in the detached garage on the side of the house. The van was in the same location during each of our visits to the Stoner house.”

  “When you searched it, was the van locked?”

  “Yes, Mr. Stoner provided us with a key.”

  “What did you discover in searching the van?”

  “We analyzed the carpet carefully in the rear of the van. We found several small stains that appeared to be blood. We also found white fibers that were consistent with the fabric of Rachel’s turtleneck. All of this material was sent to the BCA.”

  Dr. Yee would soon make the next connection for the jury: The fibers matched the brand of turtleneck Rachel was wearing on the night she disappeared, as well as the fabric found at the barn. The stains in the van and on the knife were also matched to Rachel’s blood.

  “You found the bloodstains and fiber evidence in the rear of Graeme Stoner’s locked van?” Dan repeated.

  “That’s right,” Stride said.

  “Did you find anything else in the van?”

  Stride nodded. “In a toolbox, we found a six-inch hunting knife.”

  Dan returned to the table and, when he turned back to Stride, brandished the knife in a menacing manner. “Is this the knife you found?”

  “Yes.”

  Dan brought the knife closer to the jury, twisting and turning it in his hands, letting the overhead lights glint on the blade. “Did you find any evidence on the knife itself?” he asked.

  “We found traces of blood on the blade of the knife. We also found two fingerprints on the knife that we matched to Rachel’s thumb and middle finger.”

  “Were these fingerprints on the handle?”

  “No, they were on the blade.”

  Dan looked back, seemingly confused. “On the blade?”

  “Yes. Rachel’s fingerprints were on the blade of the knife, facing upward, indicating a defensive posture.”

  “Objection,” Gale snapped.

  “Sustained,” Judge Kassel ruled.

  “Well, can you show us how the fingerprints and blood were laid out on the knife, Lieutenant?” Dan asked. He approached the witness stand and handed the knife to Stride. Carefully, the lieutenant turned the knife around so that the blade was facing his palm. He then curled his fingers onto the knife.

  “Like this,” Stride said.

  He handed the knife back to Dan.

  “I see,” Dan said. “So let’s say I came at you like this.”

  In an instant, Dan leaned over the witness box, flashing the knife in Stride’s face. Immediately, Stride reacted, trying to block the knife with his hand. His palm and fingers ended up in the same position he had demonstrated for the jury.

  Gale stood up angrily. “This is rehearsed stagecraft, Your Honor. Rachel could just as easily have picked up the knife when it dropped on the ground. Mr. Erickson’s little drama is misleading and irrelevant.”

  Judge Kassel nodded and gave Dan a severe glance. “Sustained. I’m instructing the jury to disregard this show by the prosecutor and the witness. And Mr. Erickson, no more of this kind of nonsense in my courtroom, is that clear?”

  “Of course,” Dan said.

  But the message had been sent to the jury.

  “All right, Lieutenant, one more thing. Did you find any other fingerprints on the knife?”

  “Yes, we found fingerprints matching the defendant on the handle of the knife.”

  “And no other fingerprints?”

  “None,” Stride said.

  “Thank you, Lieutenant. No more questions.”

  23

  “Hello, Lieutenant,” Gale began.

  He pushed himself to his feet, standing behind the defense table. The lawyer studied Stride with sad eyes.

  “I don’t believe our paths have crossed since your wife passed away. I’m very sorry.”

  Stride said nothing at all. Gale had no shame. Hidden in a sympathetic comment was a message to the jury. Maybe the lieutenant’s judgment was clouded by grief. Maybe he overlooked things.

  “Rachel isn’t the first teenage girl to disappear in this area, is she?” Gale asked.

  “No,” Stride said.

  The defense lawyer took off his glasses and idly slid the frame between his lips. He squinted at Stride.

  “Another teenager, a girl named Kerry McGrath, disappeared a little more than one year earlier than Rachel, is that right?”

  “That’s right,” Stride said.

  “She was the same age as Rachel,” Gale said.

  “Yes.”

  “Went to the same school?”

  “Yes.”

  “She lived within a couple miles of Rachel?”

  “Yes.”

  Gale shook his head. “That’s remarkable, isn’t it, Lieutenant? Do you call that a coincidence?”

  He glanced at the jury in consternation as if to say, Can you believe this guy? Is he blind?

  “We found no evidence that the two cases are related,” Stride said.

  “And yet you considered the cases similar enough that you tried to find evidence that might implicate Mr. Stoner in Kerry’s disappearance. Isn’t that true?”

  Stride shrugged. “We typed all physical evidence we found against both Kerry and Rachel. It’s standard procedure.”

  “And the fact is, you found absolutely no evidence whatsoever that might point to my client’s involvement in Kerry’s disappearance.”

  “That’s right,” Stride acknowledged.

  Gale nodded. “No blood?”

  “No.”

  “No fibers?”

  “No.”

  “In fact, Kerry McGrath’s disappearance is still unsolved, isn’t it?” Gale asked.

  “Yes.”

  Gale spread his arms wide, his glasses dangling between the fingers of his left hand. “So here we have two teenage girls missing in very similar circumstances. Isn’t it just as likely, Lieutenant, that some deranged maniac, some stranger, one of the dozens of convicted sex offenders living in northern Minnesota, abducted both Kerry McGrath and Rachel Deese? That both these girls were the victim of a serial killer? Isn’t that an equally plausible theory?”

  Stride shook his head. “No. That’s not what the evidence tells us.”

  “Ah, the evidence,” Gale said, smiling at the jury. “Yes, we’ll get to that in a moment. But let’s look at this from a different angle, Lieutenant. You don’t know for sure that Kerry McGrath is d
ead, do you?”

  “No.”

  “And yet you’re sure that Rachel is dead.”

  Stride nodded. “We found additional evidence in this case.”

  “A drop or two of blood. A scrap of cloth.”

  “It was Rachel’s blood. Rachel’s shirt.”

  Gale rubbed his goatee thoughtfully. “Was there enough blood found to suggest someone bled to death?”

  “No.”

  “There wasn’t even enough blood to prove any kind of crime took place, was there?”

  Stride eyed Gale calmly. “I doubt Rachel cut herself shaving.”

  “But you don’t really know, do you? She could have reached into the toolbox, cut herself on the knife, and bled on the carpet and on her clothes. Isn’t that possible?”

  “Only if you take the evidence out of context. We also found blood and fiber evidence at the barn.”

  “But still not enough evidence to suggest someone died, isn’t that right?”

  “On the contrary. I think that’s precisely the conclusion this evidence suggests.”

  Gale raised a furry gray eyebrow. “So you say. Tell me, Lieutenant, do you know how many teenagers run away from home each year?”

  “Thousands.”

  “Tens of thousands, in fact,” Gale said. “Rachel wasn’t happy at home, was she?”

  “No.”

  “In fact, Rachel fits the classic profile of most runaways, doesn’t she?” Gale asked.

  “I’d have to say no. Runaways don’t leave behind the kind of evidence we found. Her blood. Fibers from the shirt she was wearing that night.”

  “But what if she didn’t want people to look for her?” Gale asked.

  Stride hesitated, briefly losing his cool. “What?”

  “Well, if she had taken her car, as you suggest, everyone would have known that she had run away, right? You’d be looking for her all over the country. But let’s say Rachel wanted to disappear, and she didn’t want the family she hates or the nosy police on her trail. Couldn’t she have pricked her finger and left behind a hint of physical evidence that she met with a dark end?”