“Yeah,” Chuck continued. “That money also let him play the part of the wealthy entrepreneur and philanthropist. It seems that’s how he was able to establish relationships with the victims. He would use different names with each victim and always insisted on private meetings with his victims. From our interviews with family and friends, it appears he would tell the victims that he was a very private person and wished to keep his business investments or charitable pursuits confidential. In most cases his victims, all professional women themselves, were involved in charity work or looking to establish a new business. For the most part they kept their association with him to themselves because he made that a condition of his investment in their business or his donation to their charity.”
“And our first break was when he was finally caught on video camera at one of the victim’s condos?” Sydney asked.
“Yep. We got real lucky there. Unfortunately that didn’t happen until the eleventh victim, and then it took a while to find what we needed on the footage. We knew on several occasions he picked the victims up from their residences or places of employment. We were checking the footage off every security camera in the vicinity of every victim. In this case, the camera covering the entrance to an adjacent property had been knocked off its normal field of vision and was recording the curb-line in front of the property, including several parked cars. We had it enhanced to obtain colors, makes and models of each of the cars and even several full and partial license plates. Fortunately most of them belonged to residents on the street. It took us several days of leg work, but we were eventually able to track down the owner of each of the cars and determine their legitimate business on the street. All except one, that is.”
“Sinclair’s.” It was not a question, but a statement by the attractive female DA.
“Right,” Chuck said. “One silver seven series BMW we tracked down to a high end leasing company. After repeated questioning, the female clerk finally admitted she’d taken cash from an honest looking wealthy gentleman, her words not mine, and loaned him the vehicle off the record. He evidently told her his wallet had been stolen and he had no credit cards or identification, but he needed the vehicle for an extremely important executive meeting. She insisted he was well dressed and charming, that he didn’t look like anyone she should be concerned about. He filled out the paperwork, which she accepted with no ID but never processed in the company’s system. He returned the vehicle first thing the following day and no one else ever knew about it. Of course the name he gave was completely fabricated.
“But...” Sydney left the sentence hanging and Chuck smiled.
“The vehicle had not been rented or driven since its return two days prior and it appeared to have been wiped clean by our suspect. But we got lucky. We pulled one partial print off the back of the rearview mirror. That partial matched up to Matthew Sinclair.”
Sydney shuffled some paperwork which she looked over.
“And Sinclair’s prints were in the system because of his prior rape arrest,” she said as she reviewed the copy of the prior case. “He was arrested for the rape of another co-ed when he was in college. The charge was later dropped when the victim declined to cooperate with the prosecution.” She looked up. “According to the DA up in the Bay Area where he went to school, they have always thought the Sinclairs paid her family off for her silence.” She took a deep breath. “Okay, so the clerk identified Sinclair out of a photo line-up?”
“Yeah, I did the follow-up and she identified him without hesitation.” This came from Robert Kim, Chuck Severs’s partner at R.H.D. “And she’s available and willing to testify?” asked Sydney. Both detectives nodded. “Okay. Next we’ve got the phone trace?”
“Right,” continued Kim, taking over the narrative. “The name Sinclair gave on the paperwork was of course fictitious. But the clerk did one thing right. She confirmed the cell phone number he gave by dialing it as he was in the office, making sure it actually rang before she gave him the keys. The number was to a throw away phone, one of those pre-paid ones you can pick up at any electronics store. But at least we had a witness who put it in his possession. We obtained a warrant and traced the phone history and found out that the night of the murder a call was made from that phone and relayed off a cell tower in the area of the victim’s condominium. The time of the call was very close to when she was picked up. And the clincher, the number it called was the victim’s.”
“Okay. No forensic evidence was found that tied the victim directly to the car, right?” asked Sydney.
“Right,” replied Kim.
“But,” she said. “We have the vehicle on film at the victim’s condo at the time she was picked up and last seen. We have him identified as the renter of that vehicle in that time frame of the kidnapping and murder. We have him in possession of a throw away phone which made a call to the victim from the victim’s neighborhood at the time she was last seen.” The two detectives nodded in confirmation. “And that is how we got a warrant for his arrest and a search warrant for his property in Ranchos Palos Verdes.” They nodded again. “But he wasn’t there when you served it and no evidence was found at his house.” This time the detectives shook their heads.
“So we continued to track the phone, just in case he used it again,” said Detective Kim.
“Yes,” Sydney shuffled papers back to the detectives’ report. “You pinged the phone.” Sydney was referring to the ability to track a cell phone by the calls made or received, or to even send covert signals out of the phone to determine its general location.
“Right. He only had the phone on occasionally and for brief periods of time. But we were able to determine he was frequently in the area of the east side of downtown L.A., in the industrial neighborhoods near the Los Angeles River. Then the phone went silent. We figure he destroyed it.”
The chestnut eyes finally turned to Alex.
“And this is where you enter the picture, correct Sergeant Chambers?”
“Yes, ma’am,” Alex replied. “My task force received the information on the suspect and that he was suspected of possibly being in the area.”
“You’re a supervisor with Central Division’s Violent Crime Task Force?” Sydney was again reading from her own notes.
“Yes, ma’am,” Alex said again.
“And you were driving down the street, minding your own business when Mr. Sinclair happened to wander into view?” Alex found humor emanating from the chestnut eyes that captured her own as the question was asked.
“Something like that,” Alex said with her own slight smile.
“Uh-huh.” Sydney looked back to her notes. “Tell me about how you determined Sinclair was likely in the area you found him.”
Alex nodded and took a deep breath. “My squad was working the day R.H.D. provided us with the wanted bulletin and their belief that he was possibly in the Skid Row or Central City East area. I happened to concentrate my efforts in the far eastern sector of Skid Row, the warehouse district near the railroad tracks and the riverbed. I’d worked the area a long time and have a pretty good relationship with a lot of the business owners there.” The attorney nodded in acknowledgment and Alex continued.
“One of the property owners thought he might’ve seen Sinclair in the area. He said he stuck out a little because he was usually well dressed and appeared clean cut and wealthy. He was always walking, which attracted my informant’s attention, because he didn’t seem like the kind of person that would take the bus or anything into that area. He thought the guy was maybe delivering dope because he sometimes had a bag or backpack with him. After seeing him several times, he watched a little more closely and saw him go into the storage facility a couple of blocks away.”
“And?” Sydney asked.
“I asked him to call me the next time he saw him.” Alex replied and watched a slight smile grace the attorney’s expression. Sydney raised an eyebrow in question, an expression Alex took to silently infer the unasked yet obvious follow-up question.
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br /> “And he did,” Alex quickly added with a slight smile of her own. “So I responded to the area and took a position of observation just in time to see him walking down the sidewalk. He saw me and then tried to flee.”
“Did you see him go into or come out of the storage facility?” Sydney asked.
“No.”
“But you thought that was a possibility?”
“Yes, based on what was reported as his prior routes of travel in the area, that seemed a likely destination,” Alex said.
“So he ran and you chased him?”
“And I caught him,” Alex added with a nod. She was enjoying the back and forth with the attorney, who she found refreshingly straightforward.
“Then you returned to the storage facility and determined Sinclair did have a unit rented there?”
“Yes. Right after Sinclair was caught, while waiting for R.H.D. to respond, I went to the storage facility and the clerk identified Sinclair’s photo from the wanted bulletin. He said he was a renter who had just been there. I determined there was video on the facility that we could access and had the clerk contact his manager and begin pulling rental records. Then I waited for Chuck and Bob to arrive and take over.”
“Where were you when you first saw Mr. Sinclair?”
“I was in a raised position of observation with a clear and unobstructed view of the street and sidewalk.” Alex gave the answer just as she had countless times in prior court hearings when she intended to maintain the confidentiality of her source or location.
“And where exactly was that?” the attorney pressed.
“Ma’am, my informant is a business owner in the area. His business is the only source of income for his family and is putting two of his children through college. He’s cooperated with too many police investigations for me to even count. He’s provided information from his own observations and never denied us access to his property so we could make our own observations of the surrounding area. He’s done all this with the understanding that we do not identify him or his business. His assistance has led to countless arrests and successful prosecutions. Revealing the location of his property could jeopardize future investigations. More importantly, revealing his involvement could jeopardize his safety or the safety of his family and the viability of his business. I’ve personally promised him confidentiality in return for his assistance.” Alex paused and took a breath. “With due respect, ma’am, I can’t go back on that promise. His circumstance is exactly why Section 1040 exists.” Alex referred to the section of the California Evidence Code which allowed law enforcement to maintain the confidentiality of locations or informants who assisted law enforcement but feared for their safety should that cooperation be revealed.
Alex was aware of Chuck, who was seated beside her, shuffling nervously in his seat. She watched as the attorney paused and looked at her as if she was contemplating another question. Then Sydney turned to the detectives again.
“You were able to pull the tapes and rental records for the storage unit?”
“Yep,” Chuck said. “The rental contract was in the same name he used with the vehicle leasing clerk, Matthew Brooks. He had paid in cash in advance each month.
“The surveillance video over-writes the recording every seventy-two hours, so we couldn’t go back more than that. But the tape from that day clearly shows Sinclair going into the facility to his unit, then exiting. He is shown wearing the same clothes Alex arrested him in that afternoon, so he clearly had just left the facility.”
“So you secured the unit and obtained a search warrant?” Sydney prompted.
“Correct. We figured out a key in Sinclair’s pocket opened the padlock on the unit as well as the trunk inside. When the warrant arrived we entered the unit and found the newspaper articles, the photographs showing he had stalked most of the victims and the collection of trophies from all twelve homicides.”
“But no murder weapon,” said Sydney.
“Correct,” said Chuck. “It’s never been found. The coroner opined that is likely a belt or some kind of leather strap with a distinctive stitch pattern.”
Chapter Two
Four months later...
“YOUR HONOR, THIS defense motion is a waste of the court’s time.” Assistant District Attorney Sydney Rutledge stood before the judge making her point. “The Evidence Code clearly allows for law enforcement to maintain the confidentiality of property owners and locations utilized for surveillance as an effort to protect the safety of the property owners who fear retaliation, and to maintain the resource for use in ongoing or future investigations. The property owner in question is not a material witness in this case, he simply provided the vantage point from which the observations were made.”
“Your Honor,” Sinclair’s attorney interjected. “The Evidence Code sections cited by my esteemed counterpart are utilized primarily for narcotics investigations. This is far more serious. My client is charged with the most serious of charges, and the prosecution has stated their intent to pursue the death penalty. As such, all witnesses may be material to our case. The defendant must be afforded the opportunity to directly question all witnesses and challenge all evidence against him.”
Sydney stood to give her response. “Your Honor, the intent of Section 1040 and 1041 is to acknowledge the risk and maintain the confidentiality and trust of those who willingly cooperate with law enforcement. According to the defense’s argument, that trust, that willingness, should only be fostered on those less serious offenses, and should not be applied in law enforcement’s efforts to pursue the most serious of predators. Sergeant Chambers has clearly articulated the history of cooperation this property owner has provided. This individual did so with the understanding their address and identity would never be revealed. That is precisely the purpose of 1040 and 1041. To violate that trust now would be immoral and illegal, and would have widespread ramifications on public trust and the sanctity of investigations statewide.”
“But, Your Honor,” Sinclair’s attorney addressed the judge once again. “Failure to force Sergeant Chambers to produce this witness leaves open the possibility she fabricated and framed my client.” Alex hid the smile when the attractive prosecutor leapt to her feet to defend her, or at least that’s the way Alex liked to think of it.
“If you have evidence of police misconduct, bring it forward, counselor,” Sydney challenged. “If your best defense is baseless innuendo and insinuations, then I’ll start working on my sentencing arguments now.”
“That’s enough, Ms. Rutledge.” The voice came from the judge’s bench. He turned to the defense. “Mr. Bristow, you can present your theory to the jury who can make their own determinations on the credibility of witnesses and evidence. That is, after all, their job. I find the owner of the property from which Sergeant Chambers made her observations is not a material witness and is protected by Evidence Code Sections 1040 and 1041, and am denying your motion to compel the prosecution to present Sergeant Chambers’s citizen source.” At hearing this Alex silently clenched her fist in victory as the judge continued.
“Does the defense have anything further for purposes of this preliminary hearing?”
“Motion to dismiss the charges, Your Honor, based on insufficiency of the evidence.”
“That motion is also denied,” the judge said. “I find there to be sufficient evidence to hold the defendant over for trial.”
The procedure in the courtroom continued as a few more brief arguments were made over bail before the judge continued Sinclair’s incarceration without bail pending the trial.
The courtroom emptied, and Sydney gathered her paperwork.
“Nice job, Ms. Rutledge,” Alex said.
“It’s not over by a long shot, Sergeant,” Sydney said as they made their way through the courtroom. “Remember, this is Los Angeles. Home of the jury that couldn’t convict O.J. Simpson.”
“Yeah.” Alex placed her hand on Sydney’s arm. “I know you were under a lot of pressure from you
r office to just produce my source. I’m truly sorry to put you in that position.” Alex shrugged and her shoulders dropped, “I just—”
“I understand.” Sydney smiled reassuringly at Alex when their eyes met again. “Really, I respect what you did. And it’s all worked out so far, right? But we know the defense is going to make this an issue for the jury. Are you ready for their attacks?”
“I’m thinking you’re gonna make sure I am, right?”
Sydney smiled and nodded as Alex pushed the door open, allowing Sydney to precede her into the third floor hallway of the court building. Sydney was experiencing the same feeling she’d had numerous times in the past during meetings with Sergeant Chambers. She silently wished for the contact to be prolonged as they continued down the hallway toward the elevator lobby.
“So, your office decided to make it a capital case, huh?” Alex asked as they waited for an elevator.
“Yes. We filed the notice of intent to seek the death penalty this morning.”
Alex nodded. “Couldn’t happen to a nicer guy.”
Sydney glanced up to watch the numbers above the elevator doors count down and then gave in to a spur of the moment impulse. “I’d kill for a cup of coffee. Join me?” she asked Alex as the elevator doors opened.
“Sure,” Alex said.
They stepped into the elevator and Sydney wondered why the sergeant’s acceptance of the invitation gave her such a warm feeling and brought a smile to her lips.
Four weeks later...
THE DEFENSE COUNSEL stood at the podium and shuffled his papers. He was one of the panel of high priced attorneys afforded Sinclair by his multi-million dollar trust fund. Sydney glanced away from him to Sergeant Chambers seated patiently on the witness stand. Sydney’s direct examination of the sergeant had taken all morning and cross examination was now set to commence after the court’s lunch recess.
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