The Third Victim

by Phillip Margolin

  “Maria,” Mason said into his intercom, “call Regina Barrister and have her meet me at the jail. Tell her I’ve been arrested.”

  CHAPTER EIGHT

  “You have a call on two from Alex Mason’s secretary. She sounds upset. Do you want to take it?” Regina Barrister’s receptionist asked.

  Regina’s brow furrowed. Why would Alex Mason’s secretary be calling her? She didn’t have any cases with Mason, which made her very happy. They had squared off against each other on two occasions and Mason had been thoroughly obnoxious. If Mason were a Buddhist, Regina imagined that he would be reincarnated as a weasel. He even looked like a weasel with his thinning black hair, narrow face, close-set brown eyes, slight overbite, and sallow skin that still bore signs of teenage acne.

  “This is Regina Barrister. How can I help you?” Regina said when her receptionist put the call through.

  “Mr. Mason told me to call you. He’s been arrested. Two detectives took him away in handcuffs. He wants you to go to the jail.”

  This was unexpected and interesting. “Do you know why he was arrested?” Regina asked.

  “No. They just took him away.”

  “Do you know the names of the detectives?”

  “I can’t remember.”

  “Can you describe them?”

  As soon as she heard the description, Regina was certain that Carrie Anders and Roger Dillon had made the arrest. She hung up and called the Portland Police Bureau.

  “Anders,” the detective said as soon as Regina was connected.

  “I know you don’t like lawyers, but isn’t arresting them going a little too far?”

  “This isn’t funny, Regina.”

  “Oh. What’s Alex Mason supposed to have done?”

  “We think he kidnapped three women, tortured them, and killed two of them.”

  There was dead air for a moment. Then Regina said, “You’re serious?”

  “Dead serious.”

  “Okay. No more jokes. Is he with you or at the jail?”

  “He’s been processed in. Are you going to represent him?”

  “He’s asked me to. I assume he told you he wanted a lawyer.”

  “First thing.”

  “Did you talk to him before you made the arrest?”

  “You’ll get discovery when you’re entitled to it.”

  “So that’s how you’re going to play this.”

  “Your client is very dangerous, Regina. He’s behind bars and he’s going to stay there.”

  “We’ll see. In the meantime, I don’t want anyone talking to Alex without my being present.”

  “Don’t worry. This case will be handled strictly by the rules. When Mr. Mason is convicted, there will be no reversible error in the record.”

  As soon as Regina hung up, she headed across town to the Justice Center, a sixteen-story concrete-and-glass building whose fourth to tenth floors housed the Multnomah County jail.

  Regina showed her Oregon State Bar card to the duty officer. After she went through the metal detector, he sent her up to the floor where Mason was being housed. The elevator doors opened onto a narrow concrete hall with a thick metal door at one end. Regina called to a guard through an intercom mounted on the wall next to the door. A few minutes later, the door swung open and the guard led her along another narrow hall, this one with a solid concrete wall on one side and bulletproof windows that gave a view into three contact visiting rooms on the other. The guard opened a steel door and let Regina into the middle room. Alex Mason, wearing an orange jumpsuit that was a size too large, was sitting on one side of a metal table that was bolted to the floor. The lawyer jumped up as soon as Regina entered.

  “What took you so long?” Mason demanded.

  Regina was used to dealing with newly arrested clients, so she didn’t react to Mason’s angry outburst.

  “I got here as fast as I could, Alex. How have you been treated?”

  “Like a common criminal. As soon as you get me out of here, I am going to sue everybody in the county for false arrest.”

  “Did the detectives who arrested you mistreat you?”

  “They put me in fucking handcuffs and perp-walked me out of my office in front of everyone! I’m going to own their pensions when I’m through.”

  “Did you talk to them?”

  “Do I look stupid? As soon as I realized what was happening, I demanded a lawyer.”

  “Did they say why they were arresting you?”

  “It’s nuts. They claim I kidnapped and tortured women at my cabin at Whisper Lake. I haven’t been out there in months and I certainly didn’t kill anyone.”

  “Did they ask you about the cabin?”

  “Yeah, before they told me what allegedly happened there.”

  “What did you say?”

  “I can’t remember exactly. Just that I bought the property with an older home on it and tore that cabin down and built a new one.”

  “Did you say anything else about the cabin?”

  Mason thought for a moment. “Yeah, I said my wife and I used it and I entertained friends and clients there.”

  Mason hesitated.

  “Is there something else?” Regina asked.

  Mason broke eye contact for a moment. “They said something about my DNA being found on some duct tape that was on a victim,” he said reluctantly.

  Regina frowned. She wanted to ask Mason about the DNA, but this wasn’t the right time to do it.

  “I’ll hire an expert to look into that, but we have to get a few things cleared up first. I talked to Carrie Anders. The authorities are going to go after you with everything they have and I assume they’ll be seeking the death penalty. That means that this case is going to get very expensive. You have some idea what the defense of a capital case costs. Can you afford to hire me?”

  Mason nodded.

  “Okay. I’ll prepare for a bail hearing and get discovery. Once I know what we’re dealing with, I can start lining up experts and we can concentrate on clearing your name.”

  CHAPTER NINE

  Robin was sipping a latte and reading a case when her intercom buzzed. Mary Stendahl, Regina’s secretary, told her that the boss wanted to see her. Robin finished a paragraph, took one more sip of her latte, then walked down the hall.

  “Have a seat,” Regina said, gesturing to one of her client chairs while she squared up some files on her blotter.

  “What’s up?”

  “You remember arguing with Alex Mason about capital punishment at the cocktail party at the Hilton?”

  “Yeah. He’s definitely not someone I’d want on a jury in a criminal case.”

  “He may be changing his tune, since he’s been arrested on charges of kidnapping and murder.”

  “You’re kidding?”

  “The police think he’s a serial killer, the district attorney is going to seek the death penalty, and Mr. Mason has asked me to represent him.”

  Robin cocked her head to one side and watched Regina carefully, hoping she knew where the conversation was going.

  “A lawyer defending a death case needs a second chair,” Robin’s boss said. “I want you to be second chair on Mason’s case. We would divide up the work. With your appellate experience, you’re a natural to handle pretrial motions, evidence issues, jury instructions, and anything else that requires research. This will allow me to concentrate on both direct and cross-examination of the witnesses and directing the investigation into the facts of the case.”

  Regina paused and smiled at Robin. “Well, what do you think?”

  Robin’s first instinct was to leap across the desk and hug Regina, but she restrained himself.

  “Count me in. What can you tell me about the case?”

  “Not much right now. I just received discovery. Jeff will give you a copy. I don’t want to discuss the case until you’ve read through the police reports, because I don’t want to prejudice you.”

  * * *

  Robin went to Jeff’s office as soon
as she left Regina’s.

  “Did you hear that Miss Barrister is going to represent Alex Mason in a death case?” Robin asked.

  Jeff looked very serious and stroked his chin. “From the way you’re grinning, I deduce that the Sorceress asked you to be second chair.”

  “Correct, Mr. Holmes.” Robin laughed. “And you’re supposed to give me a copy of the discovery.”

  Hodges pointed to a stack of reports that was sitting on a corner of his desk.

  “Thanks,” Robin said. Then her brow knit. “Why did you call Regina ‘the Sorceress’?”

  “That’s right. You’ve only been in Oregon a short time, so you probably haven’t heard the story about the case that made Regina’s reputation.”

  “No.”

  “Six months after Art McCallum reported her missing, his wife, Karen, was found in a freezer in their garage, wrapped in her favorite mink coat. Instead of breaking into tears when he was shown the body, Art started laughing and said, ‘So that’s where she went.’

  “Somehow, Regina convinced the jury that Karen had committed suicide, and Art was acquitted. That’s when the newspapers started calling her ‘the Sorceress.’ I don’t think she liked that nickname, but she never disavowed it, because it brought her a raft of clients.” Jeff shrugged. “Who wouldn’t want to be represented by a sorceress if you were charged with a crime and there was overwhelming evidence of guilt?”

  CHAPTER TEN

  Carrie Anders got out of the passenger seat as soon as Kyle Bergland parked in front of Alex Mason’s McMansion, a gaudy bright yellow attempt to copy an Italian villa. Bergland was short and bald, with a narrow mustache and goatee. Wire-rimmed glasses magnified watery blue eyes and perched on a thick nose. The deputy DA had asked Carrie to accompany him because he thought that Allison Mason might feel more comfortable being interviewed by a female detective.

  Allison opened the front door moments after Bergland rang the bell. She wasn’t wearing makeup and her only jewelry was her wedding ring. Her flame red hair was tied in a ponytail and she was dressed in tan slacks and a sky blue blouse.

  “I don’t know if you remember me, Mrs. Mason,” Bergland said, “but we met at a cocktail party at the Hilton a week or so ago.”

  Allison stared at Bergland. Then she shook her head. “I’m sorry.”

  “That’s okay.” Bergland smiled. “I’m not that memorable. Anyway, I want to thank you for taking the time to talk to me and Detective Anders. Under the circumstances, I would have understood if you didn’t want us here.”

  Allison hesitated for a moment, then said, “Come in.”

  A crystal chandelier illuminated alternating squares of black and white marble in a spacious foyer and a curved stairway with polished wooden banisters that wound up to the second floor. Carrie took in the posh surroundings as she followed Allison into the living room. Their hostess sat in a high-backed armchair and indicated a comfortable sofa for her guests.

  “Why have you arrested Alex?” Allison asked.

  “Hasn’t he told you?” Carrie asked.

  “When he called from the jail, he said was he was suspected of murder and that he was innocent. He didn’t go into details.”

  “Have you read the papers or seen the news on TV?” Carrie asked.

  “Well, yes. They say he killed two prostitutes and kidnapped a girl, that he tortured them. But they didn’t say why you think my husband is … why he did this.”

  Carrie and the DA noticed that Allison didn’t appear shocked by the allegations and didn’t protest her husband’s innocence.

  “The women were held at your cabin at Whisper Lake,” Bergland said.

  “Oh God,” Allison said. Her hand flew to her mouth. She looked as if she might be sick.

  “There’s other evidence connecting your husband to the crimes,” Bergland added.

  Allison looked panicky. “Why do you want to talk to me?”

  “We were hoping you could clear up some things for us,” Carrie said.

  “I don’t know anything about those women.”

  “We have no indication that you do, but you can still help us.”

  Allison sat up straight. She folded her hands in her lap. “Go ahead,” she told Carrie, who decided to start the interview by throwing Allison a few softballs.

  “How long have you and Alex been married?”

  “Just a few years.”

  “How did you meet?”

  “I moved to New York four years ago and I met him three years ago, when I was working as a temp at a law firm in Manhattan. Alex was suing a corporation that the firm represented and he was in New York for depositions. I was helping in the conference room, getting coffee, taking notes.

  “Alex was staying at a hotel down the street from the firm. Some of the other girls and I went to the hotel bar after work. When the girls left, I stayed to finish my drink. That’s when Alex came into the bar. He hadn’t seemed to notice me during the deposition, but he must have, because he came over and introduced himself and asked if he could join me.”

  Allison blushed. “I was sort of honored, you know.” She looked down at her lap. “I’m not that smart. I dropped out of high school.” She looked up at Carrie. “I did get my GED, but I’d heard the lawyers talking about Alex before he arrived, so I knew he’d gone to Harvard. I was surprised that he wanted to spend time with me.”

  One look at Allison’s perfect figure and stunning good looks solved that mystery for Carrie, but she didn’t reveal this to Allison. Instead, she asked, “What did you talk about?”

  “New York. He said he grew up there and moved to Oregon after law school. I told him I felt pretty lonely and that I found the city a cold place to live. He said he was all alone in the city, too, and he asked me if I would have dinner with him. I said sure.”

  For the first time since they had entered the house, Allison smiled.

  “To be honest, Alex did make a good first impression, but that’s not why I accepted the invitation. I didn’t make much as a temp and I was living on cheap food, mostly takeout, and I’d heard the attorneys at the firm say that the restaurant at the hotel was terrific.”

  Carrie returned the smile. “How did the dinner go?”

  “Real good. He treated me very nice. He didn’t talk about himself a lot and he really seemed interested in me. I told him I wanted to be a paralegal and was saving up for school. He said he admired me because I didn’t have his advantages but was trying to make something of myself.

  “Later on, I got him to open up and I found out that he was recovering from a vicious divorce. He told me he had this great job and great house and people thought he had it made, but that he was really lonely.” She looked at Carrie. “I sort of felt sorry for him.”

  “What happened after dinner?” Carrie asked, although she was sure she already knew.

  Allison blushed. “He asked me up to his room for a nightcap and, well, we ended up in bed.”

  Allison stared at Carrie, defying the detective to say anything. When she didn’t, Allison looked away, and Carrie thought Mason’s wife looked very sad.

  “You know, the lawyers at the firm said Alex was vicious and unprincipled, but he was very nice to me and he was very considerate.”

  “It sounds like you cared for him.”

  “Yeah. It was what he said about being lonely. I think he really was.”

  “What happened between you two after that first night?” the detective asked.

  “Alex was in New York for three days and we spent every evening together. Then he had to go back to Oregon, but he asked me to follow him. He promised to get me a job and … Well…” She looked down again. “He said he loved me.”

  “What did you do?”

  “I thought real hard about what he’d said for a month and a half.” She shrugged. “I mean, we’d only had those three evenings together and that wasn’t really enough time to fall in love or get to know someone, but I didn’t have anything going for me in New York. I fig
ured I could go somewhere else if things didn’t work out, so I called Alex and asked if he still wanted me to come out. He bought me a plane ticket and that was that.”

  “Can I ask you something?” Kyle Bergland said.

  Allison looked at the DA.

  “I noticed that you didn’t seem shocked when we asked you about the charges against your husband. Is there a reason for that?”

  Allison looked down at her lap. Carrie thought that she looked upset and confused.

  “I … I read about the girl who escaped and what happened to her and those other women.”

  Allison bit her lip. Then she took a deep breath and looked at her visitors.

  Allison blushed. “I … This is embarrassing. If this whole thing wasn’t so serious…” She paused and took a deep breath. “It’s about our sex life.”

  She looked back and forth between her interrogators.

  “Is there any way you can keep this off the record?”

  The DA looked directly at Allison. “Mrs. Mason, what happened to these women was horrible. I can show you photographs of what was done to them, but I don’t really think you want to see them. If you have any information that will help us prosecute the man who tortured these women, you should tell us. We don’t want to charge an innocent man. In fact, if your husband is innocent, we want to find that out very quickly so we can catch the real killer. But—if he did this—he is a very sick man and a danger to you as well as to other potential victims.”

  “Yes, I see that. It’s why I was willing to talk to you. It’s just … I feel very uncomfortable talking about what … what we do in our bedroom.”

  “Talking about sex is always uncomfortable,” Carrie said sympathetically. “But these women are the victims of sex crimes, so your sex life could be relevant.”

  Mason’s wife looked down for a few moments. When she looked up, she seemed nervous.

  “Those first few months, sex with Alex was normal; it was good. Then, at some point—I don’t remember when exactly—he started suggesting that we try … different things.”

  “Different how?” Carrie asked.

  “Alex said that one reason for his divorce was that his ex-wife didn’t like sex. He said she never wanted to experiment and that soon after the marriage she started refusing to have sex altogether. I didn’t want to disappoint Alex like his other wife had, so I said I would try some things.”