Joaquin chatted with her a while longer before trying to politely exit. But Pilar was like a battery-operated, nonstop talking machine and it was impossible to turn her off once she got started. “They fired her, you know. Poor thing. Threw her out of the hotel and everything. No respect. They treat you like a dog even though you work your fingers to the bone for them. I know. She got another job waitressing over in Silver Creek, about five miles away. She lives in a broken-down old trailer two streets over. I should have been by to visit already.”
Joaquin didn’t know if she was ever going to take a breath. He waited patiently, his left foot behind his right, ready to run when the occasion presented itself. “It’s a crying shame what they did to her,” Pilar continued. Then, as if on cue, she started to cry.
Joaquin felt terrible but he knew this was his chance. He patted Pilar on the shoulder, then bolted for his pickup.
“I’m sorry for your troubles,” he shouted over his shoulder as he scurried down the driveway.
On Friday morning, he hitched his boat trailer early and headed straight for Vero. Dick Radek was waiting for him when he arrived.
“Catch any fish?”
“Plenty, but not the kind you’re looking for.” Joaquin told him about Pablo, Ray Castro, Jose Guerrero, and Geronimo. “This guy Geronimo did it but nobody’s around who can finger him. I spent my last day interviewing everybody in the neighborhood who would talk to me. Nobody knew his last name and nobody ever saw him with Lucy. At least that’s what they told me.”
“We can’t even tie him to the girl?”
“Nope. Apparently they never went out. He just showed up at the trailer.”
Dick banged the desk in disgust.
“This really sucks. We know who the killer is but we have no proof. You got any ideas about how to find this Geronimo guy?”
“Not without a last name. We could check payroll records for the pickers. Maybe find out where he lived and see if we can get the rent receipts. But these guys are illegals. You’re almost certainly not going to find anything in writing. Everything is under the table.”
“Yeah, but we need to try anyway. Anything else?” Joaquin told him about his conversation with Pilar and his struggle to get away.
“Good job, Joaquin. You turned over the only stones that could be found.”
“I’ll send you a written report. Keep me posted,” he said as he headed for the door.
“Sure will,” Dick replied. “I’ll call you next week.” As soon as Joaquin left, Dick headed downstairs to talk to the boss.
Tracey was not as upset as Dick thought she would be. “Every cloud has a silver lining-even this one, Dick.”
“How do you figure?”
“Well, we didn’t find the killer and we probably won’t be able to find the two guys who could finger him.” Dick nodded. He was with her so far. “But Clay Evans has no witnesses to place Rudy at the scene, either. Two are gone and, if Pilar Rodriguez is true to her word and I believe she will be, the third won’t be able to make the identification. Which means, if we can suppress Rudy’s confession, he walks.”
“What about the blood?” It was a question he could have answered for himself if he had taken any time to think, but Tracey was moving a little too fast for him.
“Oh yeah, the blood,” Tracey said with a smirk. “That’ll help them. Rudy’s got the most common blood type in the world. The blood is meaningless. The confession is everything.”
The conversation bothered Tracey for another reason, however, which she didn’t share with Dick. If Elena had lost her job and her home and was living in a trailer in the barrio as Pilar had reported, she was destitute. There would be no more money forthcoming and the retainer was almost gone. She got the money the last time, Tracey told herself. Maybe she can do it again.
Sixteen
Despite his initial trepidation (to put it mildly) when he first learned that Tracey James was going to represent Rudy, the Fourth had started to feel more confident each day as the proceedings moved along. He would still have to convince Harry Tuthill to stay on board but was confident he could. After all, Harry had come this far with him.
Tracey had filed a Motion to Set Bail that was a joke. Bail was set at $150,000 and Rudy remained in jail. She had also called him about having her psychiatrist see Rudy in jail.
“I could file a motion,” she’d told him. “But I’m hoping we can avoid that.”
“What are your grounds for the psychiatric evaluation?” Clay asked, knowing he had no basis to refuse. She was either trying to set up an insanity defense or a fitness to stand trial defense.
“I want to try to show that Rudy did not have the capacity to refuse to talk to Detective Brume.”
Clay almost started laughing into the phone. “I’m not sure I’m familiar with that motion.”
“I don’t know if it has ever been argued before.”
“Well, you certainly have the right to make the argument. Why don’t you send me a stipulation and I’ll forward it to the judge?”
“Fine.”
There was only one circuit judge in Cobb County, Gabriel Wentwell, and Clay had appeared before him enough times to know that the motion Tracey planned to file wasn’t going to fly anyplace but straight into the trash can. Judge Wentwell was a fine man in many ways: distinguished military career, church deacon, good family, and a good lawyer. His tenure as a judge had been marked with the same colorless consistency as the rest of his life. There were no surprises with Judge Wentwell-no politics, no favoritism. He was not the kind of man who was going to go out on a limb for some novel theory of law. He’d listen politely and he would pause appropriately to think about it, but ultimately he would just brush it aside in favor of the known, traditional rule of law.
Clay didn’t know-or care-what sort of evidence his opponent might present to try to make her point. His confidence was brimming again, and all he could think about was what a cakewalk this was turning out to be after all. But there were other things he didn’t know that might have given him more pause. He didn’t know that Ray Castro and Jose Guerrero had left town, because Wes had never told him. He also didn’t know that Pilar Rodriguez had come in for a lineup and failed to identify Rudy. As far as he knew, he had three witnesses ready and waiting.
Elena didn’t tell Rudy that she had lost her job and had to move out of the hotel. She thought it would upset him too much, but she underestimated her son. Rudy was doing well in the county jail sticking with his routine. He had made friends with the guards and some of the other prisoners, one of whom, Juan Morales, was a prison veteran. Juan, like Rudy, was Puerto Rican, a skinny little fast-talking, chain-smoking con man who had all the answers. He took Rudy under his wing and gave him some expert advice about how to handle himself if he ended up in the general prison population.
“In the beginning, you wanna act a little crazy. Most of ’em are afraid of kooks. All you wanna do is be left alone. I don’t wanna tell you this but you’re young and handsome, they’ll be on you like shit on flypaper.” Rudy tried to picture shit on flypaper but he couldn’t. He had no idea what Juan meant but Juan was on a roll. “You’re gonna be tested early. You can wait or you can make the first move.”
“The first move?”
“Yeah. You know, kick somebody’s ass. Pick a white guy. The blacks and Latinos will like that. Beat him good but not too bad. You don’t wanna create a vendetta or anything.”
“How do I start a fight with somebody I don’t know?”
“You catch his eye, then you say, ‘Are you lookin’ at me? Are you lookin’ at me?’ Say it louder the second time so everybody will hear you. The shower’s a perfect place because it gets the point across. Then you hit him and you don’t stop hittin’ him till he’s down. Pick a big guy. The biggest, toughest-lookin’ white guy you can find.”
Rudy certainly appreciated Juan taking the time to tutor him on prison life. One thing puzzled him, though: Juan was about five foot two and a hundred an
d thirty pounds soaking wet and he didn’t know karate like Rudy did. How did he get by? Something inside told him not to ask the question.
So Rudy was doing just fine, but he could tell from his mother’s face during her most recent visits that something was wrong and it wasn’t what was happening to him. At first she had handled his situation with a fighter’s disposition and had actually been upbeat when Tracey took the case. Now she was sad all the time, her shoulders slumped. When he asked about the hotel and all the regulars, her answers were short and didn’t really tell him anything. Usually she loved talking about the colorful cast of characters who breathed life into the old place on a daily basis. Rudy’s first inclination was to ask a direct question, but once again something inside told him to let it go.
Seventeen
As soon as H.V. gave Tracey the word that he was ready, she filed her Motion to Suppress and set it for hearing on the judge’s calendar. She made sure she reserved enough time to present all her witnesses. The motion itself was nondescript, reciting only the basic theory that she had already related to Clay. She didn’t want to give him any more notice than she had to, afraid that he might wake up to what was coming. The Fourth should have caught on, however, when she set a simple motion for an all-day evidentiary hearing. Tracey was coming loaded for bear. It was up to Judge Wentwell to determine if she had brought the right ammunition.
The Fourth was desperately trying to stir up some publicity for the case at the early stages. He called a very good friend of his from one of the Miami television stations, but he couldn’t convince her that it was worthwhile to send a news team up for a motion hearing.
“Don’t worry, Clay, I’ll send somebody up for the trial,” Stacey Wilson assured him. “Better yet, I’ll come myself. I haven’t done a field assignment in a while. Do you think you can find a little time for me if I make the trip?”
“You bet, honey, especially if you come for this motion hearing.” Clay wasn’t giving up so easily.
“Clay honey, I can’t do it. Listen, I’ll call a friend of mine at our affiliate in Vero. Since it’s Tracey James, she’ll be interested. I’ll get her to send somebody over. You convince the judge to let her in the courtroom.”
“Will do. Thanks, Stacey. I’ll see you in a couple of months at the trial.” Clay knew there was no way Judge Wentwell was letting cameras into his courtroom. He had commented to Clay on many occasions that he would never let the media turn his courtroom into a circus. Clay wasn’t even going to make the request-might piss the old man off. But there was no need to tell Stacey that. All he wanted was to get a news crew to show up; he’d get the publicity he was after from interviews on the courthouse steps.
It took three weeks to get an all-day hearing set before Judge Wentwell. Tracey used the time to prepare. This motion was going to be a mini-trial. It had been three years since her last trial, a misdemeanor case that lasted half a day. She needed this hearing and she needed to win it, although she wasn’t quite sure why. The uncertainty bothered her. Confusion was not her forte. She always knew what she wanted and she made a plan to get it. Maybe it was Elena and that faded connection to her mother. Maybe it was Rudy himself, or perhaps her desire to be a lawyer for once rather than a businesswoman. She just didn’t know. All she knew was that something else was driving her this time besides the money, and it was driving her hard. She hoped the feeling didn’t last long.
There were no crowds outside the courthouse on the day of the hearing or inside the courtroom either. It wasn’t that nobody cared. The people of the barrio were behind Rudy one hundred percent, but they had to go to work. Kelly McDowell from the local affiliate in Vero Beach was standing on the courthouse steps with her camera crew wondering why in God’s name she had agreed to drive over from Vero for this. Tracey James was the only reason it was even remotely worthwhile. If she could get an interview with Tracey, maybe she could salvage something from the trip.
As for Tracey, Kelly McDowell was the last person she wanted to see. She never liked media attention when she faced the possibility of losing. But she knew she couldn’t duck Kelly so she planned on making the best of it.
Clay reached the courthouse before Tracey arrived. Kelly didn’t have to hunt him down for an interview. He practically grabbed the microphone from her. He was all smiles, tall and elegant in his charcoal gray suit-cocky and confident like a quarterback before the big game. Kelly smiled right along with him.
Not long after Clay went inside, Tracey arrived with Elena. Tracey’s gray suit over a light blue blouse was stunning and the picture of professionalism, but Elena actually outdid her in a conservative but tight-fitting navy blue dress she had purchased only the day before from the local thrift shop.
Despite her concerns, Tracey struck the perfect note when Kelly got to them. “How important is this hearing today?” Kelly asked, trying to lob the softball in a perfect arc so Tracey could smash it.
“It’s very important. We believe Detective Brume violated Rudy’s constitutional rights when he interrogated him. Rudy is a fine young man, but he has a mental incapacity. He’s slow. Not retarded, but slow. He was at a distinct disadvantage in this interrogation, which, by the way, was neither recorded nor videotaped. His mother, Elena, who is here with me had asked to be with her son during the interview to protect him, but her request was denied.” She hadn’t wanted the interview, but she had enough self-awareness to realize it was turning out to be a good one-like a dress rehearsal for how she wanted to present Rudy to the court. When she finished her statement, she didn’t wait for another question but took Elena by the arm and ushered her up the steps and into the courthouse.
Since witnesses were going to be providing sworn testimony and it was going to be more like a bench trial than a hearing, Judge Wentwell decided to hold the proceedings in the courtroom rather than chambers. He had another reason as well. This case was about a murder that had been reported extensively throughout the state. Even though public interest seemed to have waned in the time since the event, the judge felt that any hearing to suppress evidence in a case such as this should be held in open court with all its formalities.
Clay Evans noticed Elena as soon as she walked into the courtroom. She looked exquisite in that blue dress. Maybe I could agree to life imprisonment for a little action. The thought had barely flickered into consciousness before he reminded himself that his career was at stake in this case. Lust would definitely have to take a back seat for the time being. Tracey wasn’t looking too shabby herself, although he sensed the woman had a hard edge to her. Maybe he could impress her with his courtroom skills. God, he was feeling good today.
Once the lawyers were seated, the bailiff let the judge know everything was ready. At the appropriate moment, the judge knocked on the door three times, signaling the bailiff that he was ready. The bailiff then told everyone to rise and the judge entered the courtroom.
Judge Wentwell was a tall man, almost as tall as Clay, and ramrod straight, with a full head of white hair. Elena, who was seated in the spectators’ seats directly behind Tracey, felt for a moment like she was in church and the bishop had just come out to the altar. Rudy was not there. Tracey had told Elena it would be best if he were not in the courtroom. He didn’t need to hear what H.V. was going to say about him and Judge Wentwell didn’t need to see how handsome he was and how bright he appeared to be.
The Cobb County courthouse had only two courtrooms: the small one for county court cases, misdemeanors and arraignments; and the large one, Judge Wentwell’s court, which handled all the major civil trials and felony cases. It was a cavernous old room with rows of oak benches for the spectators, even a balcony. The judge ruled from an elevated mahogany dais. The witness chair was to his right and below him. The jurors’ chairs, which were empty on this day, were to the right of the witness. The lawyers’ tables were front and center where the judge could look down on them without turning a lick.
“Counsel, are we ready to proceed?” Judge Wentwell
asked after everybody had been seated. Clay popped up.
“The state is ready, Your Honor,” he said briskly.
Tracey was a little more deliberate. “The defense is ready, Your Honor.”
“Ms. James, since it is your motion, you may proceed.”
“Thank you, Your Honor. The defense calls Detective Wesley Brume to the stand.” The bailiff left to retrieve Wes from the witness room.
Calling Wes was no surprise to Clay. Tracey had to lay the facts of the interview out and Wes was the only person to do it since Rudy would not be testifying. What Clay didn’t know was that Tracey would be playing a little Ping-Pong that morning using Wesley Brume as the ball.
She started politely asking him to tell the judge his name and how long he’d been a police officer and the different positions he had held in the police department. She had no idea the judge already knew Wes quite well. Many years before, Wes had pulled the judge over for speeding, something Judge Wentwell never did.
“Going to a fire or something?” Wes had asked the distinguished jurist as he walked up to the driver’s side window. “Whaddya think, the law doesn’t apply to you? A few days in the slammer will straighten you out. Come on, let’s see your license and registration.” It was the usual banter he delivered to everyone-it made him feel good and made the routine of chasing speeders more enjoyable. The judge handed Wes his license without looking up. People had been coming into his courtroom for years claiming that they hadn’t been speeding and that they had been treated quite rudely by Officer Wesley Brume, exactly what he had just experienced and exactly what Wesley Brume had denied every time. Wes read the name on the license and knew he was in deep shit. He thought about backtracking, pretending he knew it was the judge all along, but the look of guilt on his pudgy face had already betrayed him.
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