Irrefutable

by Dale Roberts

  Alex was not even trying to hide the laughter now. “And who do you think this lover, slash, rapist might be?”

  “You’re kidding, right?” Rachel started to take another bite of salad then stopped. “I thought you were the detective here. Anyone who has been through that as a child is bound to be scarred. There’s no telling what kind of irrational things they’re capable of.”

  The smirk disappeared from Alex’s face as he realized what she was saying.

  “She works with the man, so she sees him all the time. He’s in a position of respect, not to mention he makes a pretty decent living.” Rachel said. “And, he fits the profile.” She flipped her fork for emphasis, flinging a dressing soaked crouton toward Alex

  “Levine.” Alex said quietly, ignoring the flying food.

  “That’s why there was no physical evidence tying him to the victims. She’s his safety net.” Rachel ate the salad that remained on her fork.

  All the pieces were falling into place. “But, I can’t go after him again until we have some sort of evidence.” Alex said. “I can’t risk getting suspended again.”

  “It’s just a theory.” She said. “I wouldn’t put much stock in it, at least until you talk to Dupree again. Let’s tighten the screws on him and see if he changes his story.”

  “Let’s?” Alex sounded surprised. “Are you coming with me?”

  “Are you kidding? I can’t miss this.”

  Alex finished his sandwich. His mind sorted through all of the evidence, all of the wild accusations, all the bazaar theories. He’d never had to deal with so many perfectly plausible possibilities in one case. This was indeed, stranger than fiction.

  _________

  Alex and Rachel watched the monitor as Michael was placed back in the interview room. “Are you ready?” Alex asked.

  “I’ll follow you.”

  Alex placed his gun in the safe.

  “Why did you do that?” Rachel asked.

  “Department policy. We can’t risk a prisoner overpowering an officer and getting his gun.”

  “I guess that makes sense,” she said.

  Alex opened the door and they entered the room where Michael was seated.

  “Mr. Dupree, you remember Ms. Summers, with the DA’s office.” Alex said. Michael nodded toward Rachel but said nothing.

  “Do we need to remind you of your rights?”

  “I remember.” Michael said. He raised his cuffed hands and tapped his right temple with his finger.

  “Would you like me to remove those?” Alex asked.

  Michael nodded and held his hands toward Alex.

  “We talked to Ms. Freeman.” Alex said as he removed the handcuffs and sat in the chair across from Michael.

  “And?”

  “She brought up an interesting point. She said that you could use her position as a get out of jail free card.”

  “What the hell is that supposed to mean?”

  Rachel leaned toward Michael, “What it means, Mr. Dupree, is that you could have planned these attacks, knowing all along, that you could claim that Ms. Freeman was planting evidence.”

  “That’s bullshit.” Michael argued, “What possible reason could I have for raping women?”

  “There are all kinds of reasons men rape.” Alex said.

  “But, the problem we have with your story,” said Rachel, “is the person you tried to use as your alibi, is the same person you say is trying to frame you.” Rachel starred at Michael for a moment. “So which part of your story are we supposed to believe?”

  “Do you think I would’ve given you my DNA if I was guilty?”

  “Yes. If you had a safety net, like your girlfriend being the person gathering the evidence.

  “Mr. Dupree,” Alex said, “we have three documents from your employer that shows you had contact with all three victims.” Alex tapped the table with his outstretched index finger to emphasize his words, “We have your DNA, found in the first two victims, and the best you can come up with is your girlfriend is framing you?” Alex paused to allow him time to respond, but Michael sat silent staring at the wall behind Alex. “You initially told me that you were with your girlfriend all night, on all the dates that the rapes occurred.” Alex flipped through his small note pad looking for the first interview.

  “Then you told me that you had never heard of any of the victims. We know those were both lies, because Ms. Freeman said you hadn’t been together for six months.” He watched Michael’s body language, looking for any tell tale sign that he was about to lie.

  “I told you, she wanted to try again, on two separate occasions, but it didn’t work out.” Michael shouted. “That’s when she got my semen. We had sex and she saved it.” He pounded the table with his fist, then leaned back in his chair and sat silently for several seconds. “That sick bitch.”

  Alex stared at Michael for several seconds. “Alright. I don’t think we’re getting anywhere.” He stood. “We’re going to give you a little break, some time to gather your thoughts. We’ll be back in the morning.”

  Alex and Rachel left the room and walked up the hall toward the call room to his desk. “Do you believe him?” Alex said.

  “I don’t know. He comes off a little cocky, but he has a good story.”

  “I want to let him absorb everything tonight and hit him again in the morning.” Alex grabbed his blazer and retrieved his gun from the safe. “I’ll see you later.”

  “Just like that? You’re leaving?” Rachel put her hands on her hips.

  “Just like what? We’re finished here. I’m tired. I’m going home.” Alex straightened his jacket collar and grabbed his briefcase. “If you want, you can come back in the morning. I’ll be here around ten.”

  Chapter Twenty-Five

  The aroma of bacon filled the air. Alex whistled while he cooked. This was the first time they had spent together over breakfast in weeks.

  The doorbell rang just as Alex finished scrambling the eggs for breakfast. “Can you get that sweetie?”

  Carmen pulled the curtain back slightly and looked through the door’s small window. “Dad, it’s the police.” She opened the door. “Hi, my dad’s cooking breakfast. He’ll be out in a minute. Come on in.”

  Alex wiped his hands on a towel and walked into the living room. Lt. Phelps and two uniformed officers stood just inside the door. “Lieutenant. What brings you here on a Saturday morning?” Alex extended his hand.

  “Alex, could we speak to you outside please?” Phelps had a look about him that said this was not a social call.

  “Sure.” Alex looked at Carmen. “I’ll be right back.” He stepped outside with the men.

  “This is very difficult,” Phelps said, looking at the ground.

  Alex’s heart skipped a beat as a sinking feeling weakened his knees. His first thought was for Rachel. Something had happened. Why else would the lieutenant come to see him personally? “What’s wrong?”

  Phelps said, still looking at the ground. “I don’t know how to say this.” He looked up at Alex. “We need you to come with us.”

  “What’s going on?” Alex insisted. Phelps’ hesitation added to Alex’s feeling of dread. His heart sank lower into the pit of his stomach.

  “We have a DNA match on the last victim.”

  Thank God, it wasn’t about Rachel. “Okay… we have the suspect in custody. What’s the problem?”

  “It wasn’t matched to Mr. Dupree, Alex.” Phelps let out a long breath.

  “So…?” Alex waited for the punch line.

  “It came back to you.”

  A nervous smile came over Alex’s face. He wasn’t really in the mood for practical jokes. “Very funny.”

  “I’m afraid it’s no joke.” Phelps wasn’t smiling.

  “I don’t understand.” Alex’s smile vanished. “What do you mean it came back to me?”

  “Your semen was found on the victim.”

  Alex’s heart pounded as his mind struggled to grasp what he was hearing.
“That’s impossible.”

  “The DNA from the evidence kit was matched to you.”

  Alex was dumbfounded. “Bullshit. I never met that woman until I interviewed her in the ER?”

  Carmen opened the door. “Dad, what’s going on?”

  “We need your father at the station.” Phelps told her.

  “Aren’t you going to eat your breakfast?” She looked at Alex. She saw his face drained of color. “What’s going on Dad?”

  “Call Rachel and tell her to meet me at the station. Okay?” He reached to hug her, but she backed away.

  “No.” she shook her head. “Tell me what’s going on.” Her eyes began to fill with tears.

  “Just go inside and call her. I’ll explain later.”

  Carmen slowly backed into the house, not taking her eyes off of her father.

  “Go on. Call her.” Alex said.

  Carmen closed the door and watched through the glass as she slowly backed away.

  “You don’t have to cuff me in front of her do you?” He looked a Phelps.

  Phelps shook his head. “No. We owe you that much.” He escorted Alex to a police cruiser and placed him in the back seat.

  Alex turned to look as they drove away. Carmen stood crying on the porch with the phone to her ear.

  “I demand to see him. Now!” Rachel shouted.

  “You will see him,” Phelps told her, “after the booking process.”

  “He’s one of your own.” she said softly, “I would think he’s earned a little consideration.”

  “Ms. Summers, we will let you see him as soon as we get him booked in. It’s just procedure.”

  Rachel glared at Phelps then turned to sit at Alex’s desk. “I want to see the case file.”

  “You know I can’t do that.” Phelps said.

  “What do you mean, you can’t do that? I’m the fucking Deputy District Attorney.” she spoke through clenched teeth.

  “I understand who you are,” Phelps said, “but you won’t be assigned to his case. Until Alex gets to talk to a lawyer, I can’t allow you to see the file.”

  Rachel relaxed. She put her hands over her face and let out a sigh. “I’m sorry. You’re right.” She sniffed and wiped a tear. “It’s just a shock. You know?”

  “It’s a shock to all of us.” Phelps said softly. “He will be brought over and placed in an interview room. You can see him then.”

  Rachel wiped her tears. “Could I get a cup of coffee or something?”

  “Of course. How do you take it?”

  “Black.” Rachel stared at nothing. She propped her chin on her hand and bit her nails as she waited.

  “Can I help you with something?” Samuels asked as she approached her desk.

  “No, I’m fine.” Rachel said. “I’m waiting for someone.”

  “Well, that’s Detective Mendez’s desk.” Samuels said, “There are chairs over…”

  “I know whose desk it is.” Rachel interrupted her. “I’ll wait here.” She shot Samuels a look that told her to back off and mind her own business.

  “Sorry!” Samuels held both hands up. “So, you’re waiting for Alex?”

  “I’m waiting for them to br…” Rachel stopped herself. “Yes, I’m waiting for Alex.”

  “Are you a friend of his?”

  “You could say that. I’m Rachel Summers.”

  “Kathy Samuels,” She offered her hand. “nice to meet you.”

  Rachel stared at Samuels. “So, you’re the Samuels Alex talks about.”

  “I’m the only one here by that name.” she smiled, but the smile soon left. She withdrew her hand. “Why? What does he say?”

  Rachel looked at her for a long moment. “So you’re the one.” She forced an artificial smile.

  Samuels looked sideways at Rachel. “The one what?”

  “The one who has been leaking information to the press.” Rachel was not smiling now. She stared, unblinking, into Samuels’ eyes, until Samuels looked away.

  “I don’t know what you’re talking about.” Samuels smiled nervously.

  “Oh, I think you do.”

  Samuels swallowed hard. “Who are you?”

  “I told you, I’m Rachel Summers, with the District Attorney’s office. For your sake, I certainly hope I don’t see anything in tomorrow’s paper about what’s happening here today.”

  Samuels stared at her for several seconds. “Excuse me. I have some things to take care of.”

  “Yes, you take care of things.” Rachel said as Samuels quickly walked away.

  _________

  “What do you mean I can’t do the story?” Samantha raised her voice. “Are you crazy? This is the biggest news to hit this town in years.”

  “The DA’s office knows where you’re getting your information. I’ll go down for this.” Samuels shouted into the phone.

  “I’m sorry baby, It’s already gone to the editor.”

  “Bullshit,” Samuels shouted, “I only told you an hour ago. You didn’t write a story that fast.”

  “Sorry, it’s too late to stop it. My editor is ready to run with it.”

  Samuels heard a click. “Samantha? Samantha!” the line was dead.

  _________

  Alex waited in the interview room. He knew there would be some difficult questions from Rachel. He was more worried about her than about the police. He thought all morning about what to say. He heard the knob turn. His heart pounded as the door opened. He stood to hug Rachel as she entered. “Am I glad to see you?”

  Rachel held up her hand. “Don’t touch me.” She couldn’t look him in the eye.

  Alex stepped back and sat at the table while Rachel stood across from him. “I know how bad this seems,” he said, “but it’s not what it looks like.”

  “Would you care to explain it to me?” Rachel crossed her arms. “Would you please explain to me how they have your semen in evidence? Would you please explain to me how they matched it to you?” Her voice grew louder and her tears flowed faster with each question. “Would you please explain to me just exactly what the hell is going on here?” She was shouting now.

  “Rachel, please, calm down.”

  “Calm down? You’re telling me to calm down?” Rachel uncrossed her arms and leaned across the table toward Alex. “I got a call from your daughter, first thing this morning, saying that you were arrested for rape! She is beside herself. And you tell me to calm down?” Rachel stood straight and crossed her arms. “Fuck you Alex for saying that!”

  “Carmen knows?”

  “Yes Alex, she knows. She heard everything through the door when they came to get you.”

  Alex propped his elbows on the table and rested his forehead on his hands. “Could I at least get an opportunity to explain?” he said calmly.

  Rachel sat in front of him crossing her arms on the table. “Yes, please, explain it to me.”

  Alex took a deep breath and slowly let it out. “The department has a policy. DNA samples are taken from all detectives and forensic investigators. That way, if there is accidental contamination of a scene, they can identify the DNA from investigators, you know, to rule them out.”

  “You’re not making any sense.” Rachel shook her head. “Why would a crime scene be accidently contaminated?”

  “It could be any number of ways. If an investigator coughed or sneezed, there could be contamination. It’s just to rule out things like that.” He explained.

  “So you’re telling me that you sneezed on the victim’s vagina?” She waited for a response. “Is that what you’re telling me? Am I supposed to accept that as an explanation for what’s going on here?”

  Alex let out a sigh. “No, that doesn’t explain it.” He sat silent, trying to figure out how to tell her.

  “I’m waiting.”

  “You were with me when I questioned Mr. Dupree. You heard what he told us.”

  Rachel looked at him but said nothing.

  “I know this sounds ridiculous, but I believe I’m a vict
im of the same setup.” He slowly looked up at Rachel.

  She cocked her head to the side and raised her eyebrows, waiting for more. Alex didn’t continue. “That doesn’t explain how your semen got on the victim.”

  “Janet planted it.” Alex raised his voice. He looked Rachel in the eye, as if that would be more convincing.

  Rachel matched his stare. “Where did she get it Alex?”

  He looked down at the table and let out a long breath. “I get lonely sometimes. Janet had been flirting with me for months. I never really paid attention. But about a month ago, I’m at a bar and she sits down beside me. We started talking and after a few drinks, one thing led to another.”

  “So you slept with her?” Rachel turned her head away. Her eyes now filled with tears.

  “Yes.”

  “So, you’re telling me she saved your semen from a one night stand so she could frame you?”

  Alex let out a long sigh, “It wasn’t exactly a one night stand.”

  Rachel snickered in disgust. “So you had an affair with her.”

  “I don’t count it as an affair.” Alex said. “I am a single adult.”

  “What about Allyson?” Rachel leaned back in her chair and crossed her arms again.

  “Allyson’s dead.” Alex raised his voice. He let his head drop. “I’m sorry. I didn’t mean to shout.”

  Rachel sat quietly for a moment. She turned her face away and wiped a tear before it could fall. “You’re right. It’s none of my business.”

  “I did see her for about two weeks, but it was a mistake. I started feeling guilty, so I broke it off.”

  “So, is this like some kind of fatal attraction or something?”

  “That’s what it looks like.” Alex covered his face with his hands.

  “Actually, that’s not what it looks like.” Rachel stared ahead at nothing. “So, what do we do now?”