by Stacy Green
“Bad cops make people disrespectful. But you’re not a bad cop,” Rory said quickly. “And some people just have a problem with authority.”
“He pushed me,” Nikki said.
Rory’s jaw tensed. “He did what?”
“I kind of baited him into it,” Nikki admitted. “Miller had warned him once, so he arrested the guy. I’m not going to press charges, but he can sweat it out at the station for a while.”
“Good.” Rory circled around the government center complex. “Newport’s done nothing but rile people up. My parents think the documentary’s the only reason the Innocence Project is involved.”
“Newport uses that to her advantage,” Nikki said.
“But my mom did all the legwork. She’s the one who found out about the DNA—sorry. I said I wouldn’t talk about it.”
Saying anything more about Mark’s case was foolish, but Nikki couldn’t stop the words. “You mother found the samples that weren’t tested? How? I mean, why didn’t the defense already know about them?”
“I was going to tell you about that the other night before you left the bar. Mom ran into the deputy who’d done the evidence collection back then. He works in a different county now. He told her about the biological sample from your mother, and he mentioned some were taken from Mark that have somehow disappeared. He didn’t like the way the investigation was run from the beginning. Hardin was adamant the sample wasn’t bodily fluids. The other deputy had the latest equipment and training. He believed it was a big enough sample to test, even if the results wound up being inconclusive. He understood the science, Hardin and the sheriff didn’t. Hardin’s influence won.”
Why had Hardin been so against testing the sample? DNA had been used successfully in court by the early nineties and had been responsible for both convictions and exonerations by 1993. She understood the budgetary issue, but cops had been as afraid of DNA as they were excited by it. She’d heard countless stories in her first years on the job about detectives wanting everything tested because they didn’t want to have their convictions thrown out later because of DNA. A wrongful conviction was a huge black mark on a law enforcement career.
“That’s why Patsy Moran took the case.” It all made sense now. “She’s spoken with the deputy. He’s convinced her as much as Mark has.”
“There’s something else,” Rory said. “I probably shouldn’t be telling you this, but it’s not your fault, and if some reporter like Newport finds out—”
“Finds out what?” Nikki was sick of being the last to know.
“That same deputy remembers the paramedic telling Hardin that you should have a tox screen, because you weren’t acting like a normal shock victim. It took her a while, but Patsy tracked down the paramedic. He’s working in Minneapolis now, but he remembers the case. He’s willing to testify that he completed the tox screen and sent it to the hospital to be tested. But the hospital has no record of receiving it.”
Nikki almost shouted in relief. She’d been right about the blood test, which meant her memories of the night were accurate. Her brief vindication quickly ebbed. “The local hospital? Not the state lab?”
“Stillwater used the hospital lab back then,” Rory explained. “That was before the state lab started doing all the testing for every county. Anyway, there’s no record of the test, but the paramedic says you had more than just alcohol in your system.”
“But I didn’t.” Nikki’s mouth had gone dry.
Rory glanced at her. “He said you kept talking about not being able to wake up. He thought it was nonsense at first, but you started talking about the party and that you couldn’t wake up no matter how hard you tried.”
Nikki couldn’t speak, her mind cartwheeling with the information. She’d only had a few drinks that night, but they had been more vodka than cranberry juice. She remembered talking with John and his friends and then …
Did she actually remember making the decision to lie down? John had said something about her needing to lie down, but suddenly Nikki realized she didn’t remember going down the hall and into the room.
“I swear I didn’t do anything other than drink. I think a couple of people at the party had pot, but there weren’t any hard drugs lying around.”
“Is it possible someone slipped something into your drink?” he asked softly.
“No one really knew about the date-rape drug then,” Nikki said.
“Liquid ecstasy was also legal at the time,” Rory said. “I know it wasn’t deemed an illegal substance until 2000. In the eighties and nineties, athletes used it as a performance enhancer.”
“I’m aware of that.” The high dose of GHB in liquid ecstasy made a person helpless when combined with alcohol. While a smaller dose produced a euphoric effect that some athletes claimed gave them an edge, research proved that to be false. She knew what Rory was getting at. John and his friends all ran track in college. Maybe one or more of them used the drug because they believed it made them run faster. “John was by my side most of the night. If one of his buddies tried to put something in my drink, he would have noticed.”
“I’d imagine he would.”
The words hung between them, their implication clear. “John had no reason to drug me. I mean, we’d already…” Nikki flushed, annoyed at how easily Rory could get to her. “And frankly, the only person with motive would have been Mark. He’s the one who tried to attack me.”
Rory’s jaw clenched, and for the first time looked like he was ready to lose his cool. “Then why did Hardin bury the tox test?”
“I’m sure he didn’t. It was probably misplaced at the hospital.” Did she really believe that anymore?
Rory stopped in front of the county government building. “I hope you’re right, but if you aren’t and news about the tox report comes out, everything changes. I called Patsy this morning and asked her not to leak it. She said that she had no intention of talking to the media unless the report was actually found. But if word gets out, the protestors are really going to be after you.”
Nikki stared at him, the flush on her cheeks morphing into a rush of emotion. “You called her to protect me?”
Rory shrugged. “I told you that I saw you as a victim. Besides, you’re here on a case. It takes precedence. Get this bastard off the streets, and then sit down with the evidence. That’s all I ask.”
“I will, I promise.” Nikki hopped down from the truck. She didn’t want to believe Hardin could have been so bitter he would let a killer go free in order to punish Mark for sleeping with his wife. But if her tox screen had come back with drugs in her system, her entire testimony would have been thrown out.
Had Rory used his conversation with the defense attorney as a way to make Nikki feel obligated to look at the evidence file? Nikki realized she didn’t care if he had. It was still an act of kindness she desperately appreciated. “Thanks for the ride.”
Rory stared at her a beat too long. “You’re welcome.”
Twenty-Four
Nikki sat down in one of the conference room chairs and stared blankly out of the window. Could she really have been drugged that night? It seemed impossible, but even if the paramedic had been wrong in his assessment, he had no reason to lie about the blood test. Was Hardin so blinded by his anger at Mark Todd that he’d risked his job and buried the test?
Nikki shook her head. Lost evidence was an unfortunate part of the job. New procedures and better training made a huge difference, and a mistake like that would have been much more likely back then.
Rory was getting to her. His faith in Mark made Rory’s argument seem solid, but once Nikki looked at the evidence, she would be certain the right man was in prison. Still, she hated the idea of crushing Rory’s hopes. He was the only person in her life who had any clue what it had been like to live under the microscope of the murders. What would happen to him when the DNA proved once and for all that Rory had wasted years of energy on his brother?
Nikki had to get her head straight. Rory wasn’t
a part of her life. He was an acquaintance, and they were connected by tragedy, but that was it.
The door swung open, and Courtney sauntered in. “Here’s your coat. Guess who I just saw leaving the complex?”
“No clue.”
“None other than Rory Todd.” Courtney plopped into the chair next to Nikki. “I assume he was here to talk to you? Seems like he’s done a lot of that in a short time. Not that I mind seeing him. He’s easy on the eyes.”
“He gave me a ride from the diner.”
Courtney’s eyes widened. “I wondered how you got here. Why’s he being so nice when he should hate you?”
“He wants me to look at my parents’ files. He’s certain Mark’s innocent.”
“So he’s buttering you up?”
“He’s not like that.” Nikki spoke more vehemently than she’d intended, and Courtney grinned.
“Oh really. Do tell.”
“We’re supposed to be working a case.” Nikki frowned.
“We are,” Courtney said. “But we’re also friends. I just want to make sure this guy isn’t taking advantage of you. Besides, I know that look. You’re wound tight inside and desperate to talk to someone.”
Maybe Courtney was right. Talking things out in an investigation often helped things make more sense, so why shouldn’t it work for her Rory situation?
Nikki sighed and started with falling on her rear at the gas station. She told Courtney about her conversations with Roger Mathews and Rory about the untested evidence.
“You went to a bar with Rory and didn’t tell me?” Courtney swiveled in one of the chairs.
“I really haven’t had the chance,” Nikki said. “Janelle was found the next morning, and we’ve been busy.”
“I’ll let it slide for now. You just promised him that you would look at the evidence, which means he must have said something pretty convincing.”
Nikki rested her head on the back of her chair. “I’m beginning to wonder if my testimony was reliable back then. I was always told that I’d sobered up and the toxicology report proved I was a reliable witness. But there’s no record of the tox report, and I know my blood was taken.” She didn’t want to divulge the information about the paramedic until she knew more.
“It was a long time ago, and with everything being transferred from paper to digital, things could have been lost,” Courtney said. “Did you do any drugs that night?
“That’s one road I didn’t go down.” There was no evidence anyone had liquid ecstasy at the party. She was making too many wild assumptions, and if Rory hadn’t hinted at it, Nikki never would have considered the idea.
“Then I don’t think you have anything to worry about,” Courtney said. “It’s on record that you passed the field test. The rest is on the police.”
“I still want to know what happened to the tox test.” Maybe she hadn’t actually been drugged, but the tox report instead showed her blood alcohol level was still high enough to be an issue on the stand. That would have made Hardin look foolish, and it would have put the case against Mark in jeopardy.
“I’ve got a friend in records. I can ask her to look for the test. In a perfect system, all results from the hospital labs should be entered into the state database.”
“Can you trust her not to go to the media?”
Courtney nodded. “I wouldn’t ask her if I didn’t.”
“Then do it. Just keep everything between us.”
“Are you starting to think Mark could be innocent?”
“I don’t know, but I’m starting to wonder if I put my trust in the right people back then. I was scared, I was shocked, I’d just lost my parents.” The implications made Nikki’s stomach turn. If Mark Todd was truly innocent, he was just as much of a victim as Nikki. She’d known Mark since they were kids. Why hadn’t she ever stopped to consider his side of the story?
Because she’d never considered a police officer could lie. And she’d never allowed herself to think about that night or the days following. She’d put what happened in a box and never thought about it again.
“Is he telling the truth?” Confusion fogged up her brain. She’d been drinking, laughing, dancing. And then everything blurred into darkness. Her head felt like it was full of cotton.
“Come on, Nik. What do you think? It’s your own fault. You were all over him earlier, anyway.”
“No, I wasn’t.”
John rolled his eyes. “Everyone here saw it.”
She slapped him, maybe. People laughed; everyone was watching. And then what?
“Nikki.” Courtney’s voice brought her back from her memory. “We’ll figure this out. Once we’ve caught our killer, you’ll have all the time in the world to revisit your parents’ case.”
Nikki appreciated Courtney’s support, but she wasn’t sure she could stay focused. “Thanks for listening.”
“Liam just texted me. He said he was trying to get a hold of you,” Courtney said. “Remember Miller saying he got something good at the club before everything went down?”
Nikki’s head felt like a fifty-pound weight as she nodded.
“You’re not going to like it.”
Nikki sat up straight, adrenaline trickling through her system. “What is it?”
“Two of the morning shift dancers recognized John Banks. He’s a regular.”
Twenty-Five
Roan Pharmaceuticals was on the north end of the Minneapolis metro area. Tucked between two large interstates, the location provided relative privacy in the middle of a high traffic area. Nikki circled the campus in search of Liam’s silver Prius. He’d offered to drive, but he had some things to catch up on in the office, and his driving her to Stillwater and then back into the city didn’t make much sense. He’d taken her back to the café to pick up her jeep, and the quiet had given Nikki time to think.
At the very least, John had lied to her about knowing Janelle. Nikki had been careful about the information she’d shared with the Bankses, but if John had killed Madison and Kaylee, he was close enough to the investigation to realize that another murder would be a good distraction.
Was he capable of such horrible things? An hour ago, Nikki would have insisted he wouldn’t have hurt anyone. But her conversation with Rory changed everything.
After the trial, she had worked hard to bury her memories of that night, training her mind to immediately discard any snippet that might break through. They were just blurry blips of memory, and most of them never made any sense. Nikki had always blamed it on the trauma she’d experienced, but what if Rory was right? What if she’d been drugged?
John had gone to college on a track scholarship. In high school, he’d been the state champion in the 800 meters and anchored a winning relay team his senior year. Nikki remembered John saying his first two years running college track had been average. But he was determined to be a top-five runner his last two years. Hearing that he used performance enhancers wouldn’t surprise Nikki. But she rarely refused him for sex, so why drug her? And would he have known what the GHB could do if she were already intoxicated?
Nikki had been a junior in college when the date rape drug became national news and a big issue for college campuses. As a resident advisor, she’d worried one of her girls would end up a victim. She and another RA worked together to account for every girl on their respective floors, and as far as Nikki knew, nothing happened to any of her residents.
But just because its effects weren’t nationally known in 1993 didn’t mean that some users weren’t aware of it. The lack of rape reporting—especially date rape—also meant it could have been an issue before the media found out.
Courtney was heading back into St. Paul to process evidence, but she’d promised Nikki to do some research on the known effects of drinking and liquid ecstasy in the nineties.
Nikki debated asking John flat out, but they’d come to investigate his connection with Janelle. And she wanted more information before she confronted him about the past. Right now she only had
a missing blood test and theories.
She finally located Liam’s car and parked nearby. Liam joined her and they walked toward the main building together.
“Where are we on the industrial freezers?” Nikki’s face stung from the cold wind.
“Just about every restaurant and grocery store has at least one,” Liam said. “So far, I haven’t connected any of those to Madison or Kaylee.”
“What about hunters?”
“You know how many people have a hunting license?” Liam asked. “And then there are the poachers. But the only connection to an industrial freezer is Hanson, and his alibi is good. We aren’t getting a warrant for his father-in-law’s place. You didn’t bring Sergeant Miller, I see.”
Nikki shook her head. “He’s busy with Doug and paperwork, but I spoke with him before I left. Both morning-shift waitresses remembered John Banks. He allegedly has a couple of favorite dancers, but neither one of them is working today. They’ll be on tomorrow, so plan on talking with them.”
Roan Pharmaceuticals’ network of buildings and skywalks rivaled a small hospital, with the sales and marketing department spanning an entire floor.
“I showed him Janelle’s picture, and he lied to my face.” Nikki wasn’t leaving the building until John told the truth.
His administrative assistant said John wasn’t taking any meetings today, but she changed her tune when Nikki and Liam showed their badges. She led them to a corner office with a bank of windows.
Nikki beat the assistant to the closed door. “We can take it from here, thank you.”
The woman looked irritated but nodded.
Nikki knocked on the door and opened it without waiting for a response. “Hi, John.”
John jerked his head off the desk. He’d obviously been asleep. His hair was disheveled and his eyes bloodshot. “Nikki. I wasn’t expecting you,” he said, and then looked at Liam. “Who are you?”