by Dale Roberts
“Yes. The lab has a form for the kit. One of the checks is whether the seal is intact.”
“And I assume it was,” Peyton said. “What if it had been compromised?”
“The whole kit would’ve been discarded,” Alex said. “That’s the whole reason for the chain of custody.”
Peyton looked again at the DNA report. Two questions concerning the kit appeared at the top of the page: is the chain of custody form completed? And, is the seal intact? They were both marked ‘yes’.
“There were some questions from our forensic tech about the vaginal swab in that kit.” Alex said. “There was no victim DNA on the swab.”
“What’s the significance of that?”
“The swab was never placed inside the victim when the evidence was collected.” Alex explained.
“So I take it that normally it would’ve been?”
“Yes. After Sean, our tech, discovered it we called Ms. Freeman in to question her about it.”
“Was this discrepancy noticed before or after the original suspect claimed that the evidence was planted?”
“I’m not sure, but we talked to Janet…Ms. Freeman after Mr. Dupree made the accusations against her.”
“What did she have to say about the swab?”
“She told us that she saw a dried residue that she believed to be semen on the victim’s pubic area. She verified it under a black light and used a clean swab to obtain the sample.”
“Has anyone interviewed the victim about the exam?” Peyton asked.
“Not that I’m aware of. Why?”
“Well, it would stand to reason that if Ms. Freeman was telling the truth about the sample, the victim would recall the use of a black light during the exam,” Peyton said.
“I think they’re used pretty routinely during exams,” Alex said. “I know they are used in the field at crime scenes.”
“It was worth mentioning.” Peyton said as he stood. “I think that’s all I need for now. Do you have any questions for me?”
“I’m sure I’ll think of dozens after you leave.” Alex smiled. Maybe Alex had been too quick to judge. Peyton was asking all the right questions.
“Your arraignment will be today. The first thing I’ll do is request bail.”
“I guess I’ll be transported to the court and put on display for the media,” Alex said.
“No.” Peyton stood and placed his hands on the back of the chair and rested his weight on them. “Actually, I’ve requested that the judge come here,” he said, “And out of respect for you, he agreed.”
“I appreciate that,” Alex said.
“Hey, for a hero, it’s the least we could do.” He extended his hand to Alex. “Judge Harris will be here around three. I’ll see you then”
Alex shook his hand. “Thanks, I appreciate it.”
Peyton walked to the door and turned to Alex. “You have another visitor.”
Alex saw Peyton and Rachel exchange words and handshakes outside the room before Rachel entered.
“So, what do you think?” she said as walked toward the table and sat in front of Alex.
“He seems like a smart kid. Still a little wet behind the ears, but I think he has good instincts.”
“That’s good,” Rachel said. She stared at the table for a long moment. “Carmen sends her love.”
“Tell her, I send mine back. How is she? Has she said anything about me?”
Rachel drew in a deep breath and looked down at the table then back at Alex. “She is a staunch supporter. She went to school today. I guess we’ll see how that goes.”
“What about the paper story?”
“She wasn’t surprised. She said if she didn’t stand up for you, who would?”
There was a moment of awkward silence as both stared at the table. Rachel finally spoke. “Do you need anything?”
“Fresh air and dry shoes would be nice.” Alex tried to smile. “Judge Harris is supposed to be here around three. Hopefully he’ll let me post bail.”
“I’ll be here to take you home.” She stood to leave. “In the mean time, I’ve got a few things to take care of.”
Alex stood and walked with her to the door. “Thank you.” He placed his hand on her back. “I’m sorry for turning your life upside down, you having to take care of Carmen and all.”
She turned to face him. “I don’t do it because I have to. I do it because I love her.” She knocked on the door and a jailer opened it for her to leave. “I’ll see you at three.” She looked him up and down, “Why don’t you get some rest? You look like hell.”
The guard returned Alex to his cell. It was ten o’clock. Judge Harris would be here in five hours. Alex stretched out on the lumpy mattress and tried to sleep.
Chapter Twenty-Seven
The man had been found under a bridge, drunk, dirty and severely beaten. Janet sat in front of the computer entering her final notes on this, her only patient. Two uniformed officers, with whom Janet was not familiar, leaned on the counter in front of her making small talk as one filled out the report on the drunk man.
“So, do either of you know Detective Mendez?” Janet asked.
“Not personally, but I heard about the arrest,” One of the men said, shaking his head. “Can you believe that?”
“I don’t think anyone believes it,” said the other. “I heard there is some question about evidence. Rumor is it was planted.”
Janet looked up at the man. “Where did you hear that?”
“That’s the scuttlebutt at the station this morning.” the officer said. “I think he’s supposed to be released later today.”
Janet stopped typing and leaned back in her chair. She stared blankly in front of her as the color drained from her face.
“Are you okay?” one of the officers asked.
Janet folded her arms and pulled them tight into her abdomen. “Yea, I’m fine. I just had a sudden pain in my stomach. Excuse me for a minute.” Janet stood. She grabbed the edge of the counter to steady herself. She closed her eyes and drew in a deep breath and blew it out through pursed lips.
“Why don’t you sit down? You don’t look well,” The officer said.
“I’m fine, really.” Janet walked across the nurse’s station toward Sharron Hartley, the charge nurse. “I think I need to go home.”
“What’s wrong?”
“I think I’m coming down with some kind of stomach virus. I threw up a few times last night.” Janet rubbed her abdomen. “I felt better this morning, but now I’m having the same pains as before and I feel nauseous.”
“Do you need to sign in and be seen?”
“No. I’ll be okay. I just don’t want to pass it along to anyone else.” Janet forced a smile. “I only have the one patient. His chart is finished and he’s ready to go upstairs.” She closed her eyes and pressed her hand into her abdomen again.
“Okay. Go on home. It’s pretty slow right now. We can handle it.”
“Thanks.” Janet said. She walked to the break room and gathered her things.
“Let us know if you need anything.” Sharron said as Janet neared the exit.
“I will. Thanks.”
_________
Arlen Harris rarely made trips to the jail, at least not since he left his bench on the municipal court. Harris was now a district court judge, so the accused normally stood before him, on his turf. It was rare indeed that he made an exception, but this case was one of these rare circumstances.
The judge wore his years of experience proudly. His grey hair, now substantially thinner than in years past, hung just below his collar. It was his way of saying ‘I’ve earned the right to wear my hair as I damn well please’ and no one would question that.
The judge prided himself on his unbiased rule over his court. He believed deeply in the concept of ‘innocence until proven guilty’. If his years of practicing law had taught him anything, it was that there are always at least two sides to every story. He wouldn’t hear them today. That wasn’t why
he was here.
Alex was led to Phelps’ office where the judge sat behind the lieutenant’s desk. The cuffs were removed and the guard closed the door. Alex stood alone before the aging man.
“Do you have counsel? The judge asked.
“Yes sir. He was supposed to be here.”
“Well then I‘m sure he’ll be along soon enough,” The judge said. He looked through small reading glasses that were perched on the end of his nose at the arrest report. “Looks like you’ve gotten yourself into quite the predicament.”
“So it would seem.” Alex forced a smile. “I can explain things.”
The judge held up a hand. “Save it for the court room. You’re not on trial today.”
“Yes sir.” Alex stood with his hand behind him, watching the judge read the report.
The judge looked over his glasses at Alex. “Have a seat. Relax.” He motioned to a chair in front of the desk. “This will be pretty informal.”
Alex sat. He noticed several people gathered at other desks outside, all looking in his direction. The large windows in Phelps’ office seemed to serve as a giant display case and Alex was the object of curiosity. “Would you mind if I closed these blinds?” Alex said.
“By all means.”
Alex stood and began twisting the rods to close the blinds, one window at a time. He looked at the clock on Phelps’ desk. It was 2:48. Peyton should be here anytime.
The judge removed his glasses and leaned back in the chair. “So, do you get to do much fishing?” He interlaced his fingers and rested his hands across his round belly.
The question surprised Alex but he welcomed it. The judge must have sensed Alex’s discomfort during the awkward silence. “Not too often,” he said.
“That’s too bad. I go out there every chance I get.”
“I spend too much time on call.” Alex said. “My recreation consists of my daughter’s softball games on weekends.”
“I remember my sons’ little league days,” the judge smiled, “They were two years apart and played on different teams. Usually at different times but sometimes they would have games at the same time. Made it hard to see both. One would be upset if I watched the other one play, so I tried to switch out. You know, watch one this time and the other the next.”
“I know what you mean,” Alex said. “I’ve had to miss a few things of my daughter’s too.”
“You have more than one?”
“No, just her,” Alex said. “Sometimes I get called away by my job.”
“That’s a damn shame,” the judge said. “A child shouldn’t have to play second fiddle to a job.”
“Well, I’m a single father. I do what I have to do.” Alex was wishing again for the silence.
The knock at the door broke the tension. “Am I interrupting?” Peyton said as he opened the door.
“Not at all.” The judge stood. “Good to see you again Mr. Mitchell.”
Peyton shook his hand. “Thank you sir, likewise.”
“We were just talking about fishing and baseball,” the judge said. He seated himself and looked again at the arrest report. “Shall we get started?”
“By all means,” said Peyton.
“Mr. Mendez, you have been detained and charged with aggravated sexual battery, a violation of Florida criminal statute 794.011, sub section 4 paragraph G, a first degree felony.” The judge looked at Alex. “Do you understand the charges against you?”
“Yes sir.”
“And how would you plea?”
“Not guilty,” Peyton said.
“Very well,” The judge scratched his pen on the paper, filling in blanks on the form. “Defendant enters plea of not guilty, preliminary hearing will be set for July 22.” The judge mumbled as if talking only to himself.
“We would like to request bail, your honor,” Peyton said.
“I anticipated as much, but no need,” said the judge. “I am going to release Mr. Mendez on his own recognizance.” he looked up at Alex and smiled. “I don’t believe he’s a threat to anyone. Do you Mr. Mitchell?” he looked at Peyton.
“No sir.”
“Mr. Mendez, as soon as I complete my paperwork, you will be free to go. Just, how do the youngsters say, hang loose for a while.”
“Thank you.” Alex said. He and Peyton stood.
“Go. Get a cup of coffee or something.” The judge waved them away.
The two men left the office. “He’s letting me go,” Alex announced to the crowd.
A collective sigh of relief spread across the room. Some of the men shook Alex’s hand. Some patted him in the back. Alex made his way across the room then made eye contact with Rachel.
She leaned against the doorway with her arms crossed. Her smile told him everything was going to be okay. He smiled as he approached her.
“That was easier than I expected,” he said.
“You’re welcome.”
“I don’t know what you did, but thanks.” He gave her a hug.
“Hey, don’t I get any credit?” Peyton said.
“Oh, I’m sorry,” Alex said. “I didn’t mean to…”
“Relax. I’m messing with you.” Peyton held up his hand.
Alex offered his hand. “I appreciate it. Really.”
“Not a problem. I’ll keep you up on what’s going on. If you have any questions or need anything, give me a call.”
Rachel handed Alex a paper bag. “I thought you might want some fresh clothes and a pair of shoes.”
“You’re an angel,” he said.
“So, you want to grab a bite?” Rachel said.
“I don’t think I can leave just yet. It’s not official.”
“Okay, how ‘bout some coffee?”
Alex smiled. “That would be nice. I’ll go in the restroom and change.”
_________
At 2:55, Janet parked in front of the school, took a deep breath and dialed Carmen’s number. She held a trembling hand outstretched in front of her to assess her nerves as she listened to it ring on the other end.
“Hello.”
“Hey girl. It’s Janet. I didn’t catch you in the middle of class, did I?”
“No, I just got dressed after softball practice. What’s up?”
“I got a call from your dad’s friend. What’s her name?”
“Rachel?” Carmen said
“Yea, that’s it, Rachel. Anyway, she asked if I could pick you up from school. Your dad’s being released and she needs to be there when he gets out.”
“Oh, okay. When is he getting out?”
“I’m not sure. I’ll just take you to my house and when he’s released, I’ll take you home, or he can pick you up. Either way.” Janet heard a beep on the other end.
“Alright, I’ll meet you out front. My battery’s about to die so…”
“Call your dad and let him know I’ve got you.”
Carmen hung up and looked at her phone. The low battery light continued to flash. She dialed her father’s cell. She listened to the voicemail greeting then left her message. “Hey Dad, just wanted to let you know Janet’s picking me up from school, so don’t worry. I’ll be with her. Talk to you later. Love you, bye.”
The phone beeped again and turned itself off.
_________
Alex sipped his coffee. “It’s funny, the things you take for granted. Like coffee.”
“What do you mean?” Rachel said.
“Being in there gives you a whole new perspective on things. You begin to see what’s truly important.”
“So, coffee is what you decided was important?” Rachel smiled.
“Yes,” Alex smiled. “You know what I mean.”
Rachel looked at her watch. “I guess it’s going to be a while before things are finalized, I need to run get Carmen.”
“I’ll be here.” Alex smiled.
_________
Janet paced in the hallway, just inside the front door of Cypress Village High School. She looked at her watch just as the bell rang.
The hall instantly filled with teenagers rushing for the door.
She watched closely, trying to spot Carmen in the rushing crowd. She shouldn’t be that hard to spot. She would be the one without facial piercings or flame red hair. As she scanned the throng, she felt a tug on the back of her shirt. She jumped, her heart suddenly pounding in her chest. She turned sharply to see who touched her.
“Hey. Thanks for picking me up,” Carmen said.
“No problem.” Janet forced a smile. “Are you hungry?” she asked as they walked toward the visitor parking area to Janet’s car.
“Not really. I’ve got a ton of reading to do.”
“No problem. We’ll grab something later. You can read at my place. I’ll give you some quiet time.”
_________
The line of cars moved slowly. Rachel waited patiently, moving up a few feet at a time as those in front left with their cargo. She watched intently for Carmen to emerge.
Throngs of teenagers exited the building as Rachel slowly made her way to the front of the line. Kids of every size and shape with hair of every imaginable color came through the doors, but no Carmen. Rachel looked at her watch. Three seventeen. She should be out by now.
As cars in line behind began to drive around her, Rachel dialed Carmen’s number.
“Hey, this is Carmen. Talk to me.”
“Carmen where are you? I’m waiting…”
“If you’d like to leave a message press one or wait for the tone…”
Rachel waited impatiently for the signal to speak. “Carmen, I’m waiting in front of the school. Where are you? Call me back.”
Rachel looked around and realized she was the only one still waiting. The flow of students had tapered to nothing. Maybe she got a ride with a friend, she thought. Rachel parked her car and walked to the school entrance. Inside she looked up and down the halls, but no sign of Carmen. She dialed Alex’s desk.
“Mendez,” Alex answered.
“I can’t find Carmen. I’ve been here for twenty minutes and she never showed.”
“Did you call her?”