The bottom drawer had a dusty pair of binoculars and two old flip phones with dead batteries that I decided to leave there. Inside the second drawer was a thick photo album and about fifteen pairs of neatly folded socks. I pulled the album out and leafed through images of Stewart as a child, teenager, and adult. No one else appeared in the eighty or so photos except you-know-who. I pulled out the picture of Robin and turned it over, but there were no notations.
Staring at the photo, I understood Stewart’s fascination. Wearing a red midriff blouse and the tiniest of shorts, Robin was reclined poolside at the Gabelli house. No doubt, she had the goods. After capturing a cell phone image of the photo, I moved to the top drawer.
Sliding it open, a surge of adrenaline coursed through my body. I walked over to the doorway and stuck my head in.
“Hey, Vargas. You got a second?”
I was snapping pictures of the open drawer when my partner came in.
“What’s up?”
I put a finger to my lips and pointed to three bottles of terbutaline and a box of hypodermics needles sitting to the right of a watch and coin dish.
Vargas whispered, “We got him, Frank, we got him.”
“I think so. But no champagne yet. Continue looking, we may get lucky.”
After noting the pharmacy name and the prescribing doctor, I closed the drawer, then continued searching the master suite. There was nothing else that seemed to matter.
Entering the living room, I said, “Bag all the seat cushions.”
Stewart said, “You can’t take all of them. Where am I gonna sit?”
Vargas pulled me aside and whispered, “We’re not supposed to take anything like that. The warrant’s scope does not provide for that. What are you looking for?”
“Bodily fluids. If he killed him here, maybe Gabelli leaked when he passed.”
“You know we need cause, Frank.”
“Okay, just take the left couch cushion.”
“You sure, Frank? We’ve got nothing to justify it.”
I pointed to a photo of Gabelli and Stewart sitting on the couch.
“That’s really going out on a limb, Frank.”
I smiled. “Maybe, but Gabelli’s got a red shirt on, same as the day he went missing. Bag the photo as well and give Stewart a receipt for what we took.”
***
“Uh, Detective Luca?”
“Yes, this is Detective Frank Luca. Who is this?”
“Uh, my name’s Lenny, Lenny Nership, you came to see me. I live across from Dom.”
I looked at the phone before saying, “Yes. Of course, I remember. You’re the neighbor who said you borrowed Mr. Stewart’s car.”
“I, I don’t know how to say this but . . . I hope I don’t get in trouble or anything. I didn’t mean anything, he said it was . . .”
“Take it easy. No one’s going to get in any trouble. Just tell me what’s on your mind.”
“Well, I never borrowed Dom’s car.”
“The white Nissan Cube?”
“Yeah. He asked me to say I did, but I didn’t.”
“I see. Now, what made you lie to the police? And don’t worry, it’s nothing to worry about.”
“Well, you see, he said he was having an affair with the sheriff’s wife, and he knew the cops were watching him.”
“You never borrowed Mr. Stewart’s car last May?”
“No, sir.”
“Can I ask what made you call today?”
“Well, I love to watch CSI, the Miami one, and I know what it looks like when the police do a search warrant. I saw when you all went to Dom’s house. I figured he did something really bad, so I called him to see what was happening. He said it was a misunderstanding, but it didn’t make sense. Then I started thinking, and I googled the sheriff to see what his wife looked like, but she was like not so pretty and kinda old, a lot older than Dom. So, I started to think that I had to say something.”
“That was very smart of you.”
“I, I’m afraid, though, that if he finds out he’ll go off on me.”
“Rest assured, he’ll never find out. You see, we’ll tell him we have video of him leaving Calusa Bay that night.”
“You sure?”
“Yes. Now we’ll need to get a statement from you. Is that okay?”
“Uh, do I have to?”
This was a job for Vargas; she’d disarm him. “Yes, it will be quick. I’m going to send my partner. She’s a nice lady. Her name’s Mary Ann. Please tell her exactly what you told me.”
After hanging up, I fist-pumped. Definitely time to haul Stewart in.
Chapter 53
Luca
I decided to use the smallest interrogation room we had. Stewart had asthma, and the size of the room would make him uncomfortable. He’d hemmed and hawed when we asked him to come in, but the veiled threat that we’d arrest him convinced him to come in voluntarily. That was a good thing, because we only had circumstantial evidence.
Vargas and I had settled on a strategy, now it was time to see where it would bring us. We had Stewart escorted into the room and left him alone for fifteen minutes while we got some coffee.
I peered into the one-way window. Stewart was drumming a thumb on the steel table, appearing defiant. I had raised the thermometer just before he was put in the room. When I adjusted the temperature even higher, Vargas shook her head and left to go to the lady’s room.
By the time she got back, Stewart had spread his elbows on the table. It was showtime. I gave a quick knock and we entered.
“Mr. Stewart, thank you for coming in today. You remember my partner, Mary Ann Vargas?”
Stewart shook his head. “It’s like an oven in here.”
“It does seem a tad warm. Would you like it cooler?”
“Absolutely.”
“No problem. Mary Ann will lower the thermostat while I set up the video.”
“Video?”
“It’s standard practice. It’s for your protection.”
“Yeah, right, my protection.”
“It is, trust me. Think about it, this way the record is straight. There’s no my word against yours. We can’t make up anything. It’s all documented.”
Vargas came back in. “I set it at seventy-two. It feels better in here already.”
Stewart said, “Thank you.”
We settled into plastic chairs opposite Stewart, and Vargas turned on the recording device. After she stated the occupants, time, and date, I began the interview.
“Mr. Stewart, the night Philip Gabelli went missing, your Nissan Cube was observed in Clam Pass Park in the middle of the night. When we questioned you about it, you told us that you had loaned the car to a neighbor.”
“That’s right.”
“And who was that neighbor?”
Stewart pulled out his inhaler. “Lenny Nership.”
“That’s funny, because he said that you asked him to say he borrowed it that night.”
“He’s lying. Something’s wrong with that guy. I feel bad for him, but he’s missing a chromosome or something.”
“Why would he lie about something like that?”
Stewart shrugged. “I don’t know, but why would I ask him to say that?”
Vargas said, “To keep you away from where the body was found.”
“Yeah, right. You think I killed my best buddy?”
“We’re just trying to understand what you were doing at Clam Pass that night.”
Stewart took a hit on his inhaler. “Maybe I got the nights mixed up. Maybe I was on a date.”
“With who?”
“Probably somebody I met at Campiello’s.”
“You don’t remember?”
Stewart smiled. “I don’t want to brag, but I do okay with the ladies.”
“But not with Robin.”
Anger flashed across Stewart’s face. “What’s that supposed to mean?”
“Nothing. Just saying.”
Vargas said, “I see you use an in
haler. You suffer from asthma, right?”
“Yeah, had it since I was a little kid.”
“It’s tough. When I was a kid, Katie, my best friend, had it and it was tough at times.”
“I do fine managing it. It doesn’t keep me from doing what I want.”
“I guess all the drugs they have these days makes it easier to manage.”
I thought I saw Stewart flinch before he said, “Guess so.”
I said, “You know your buddy Phil, he died of a heart attack.”
“A heart attack?”
“Yup.”
Stewart started breathing through his mouth. “That’s crazy. He was in great shape. I guess you never know what’s going on inside your body. It’s scary.”
Vargas said, “Certainly is.”
“That’s why I always say you gotta live your life to the fullest. Better to be king of the hill while you can, because you never know when it’s your time to go.”
I found myself nodding. What Stewart said rang true to me and I drifted off. Vargas kneed me under the table as she said, “Something’s bothering me. Phil Gabelli suffered a massive heart attack that caused his death. So why and how did he end up in Clam Pass?”
I said, “Yeah, why would someone make it look like a murder?”
Stewart said, “There’s a lot of twisted people out there.”
Vargas said, “But that’s what his was.”
I said, “What do you think, Dom?”
“He could’ve been doing a lot of coke and his heart gave out. The guys or girls he was with panicked and they got rid of his body.”
All suspects who turn out to be guilty have a couple of scenarios ready to roll off their tongues. Shows they had things all thought out, or so they thought.
Vargas said, “That’s good. What do you think, Frank?”
I pawed my chin. “I like it except for one thing.”
Vargas said, “What’s that?”
“It wasn’t coke that killed Gabelli, but terbutaline.”
Stewart said, “Turt, what?”
“Nice try, Dom. But you know exactly what terbutaline is. Right, Mary Ann?”
Vargas said, “We found the drug at your home during our search, and subsequent inquires confirm you have been prescribed it for over ten years.”
I said, “Ring a bell now?”
“You mean the little bottles? I only use that in emergencies when my inhaler doesn’t work, like during allergy season.”
“Or when you want to do away with a buddy.”
“That’s bullshit!”
Vargas said, “We find it interesting that you asked your doctor for more terbutaline a month before Philip Gabelli was murdered.”
“It was allergy season. That’s why I asked, if you want to know.”
Stewart took a hit on his inhaler as Vargas said, “Mr. Stewart, what we know is, you are in possession of ample amounts of the drug that caused Mr. Gabelli to suffer a massive cardiac arrest. And the interesting angle is, you were sleeping with the victim’s wife.”
I said, “Not really, she tossed him aside after a quickie. Maybe he’s not as good in the sack as he thinks he is.”
“Screw you.”
I said, “So, tell us, how’d you do it, Dom?”
“I didn’t do anything.”
I said, “Look, we can dance around as long as you want, but we know you did it, and you’re going down for it.”
Stewart panted as he stared at his hands.
Vargas said, “If you cooperate we’ll put in a good word with the DA for you. You may be able to work out a plea deal without going to court. You save the taxpayers the expense of a trial, and they will cut you some slack on the jail term.”
Stewart raised his head. “I’m through talking. I want my attorney.”
***
“I can’t believe they cut Stewart loose.”
“Come on, Frank. You knew we didn’t have enough to hold him.”
“Okay then, you tell me: One, how many people take terbutaline; two, who knew Gabelli; three, slept with his wife; four, sent us on wild-goose chases?”
“Circumstantial, all of it. Don’t forget, he had a valid script for the drug. I hate to admit it, but his attorney was right. It’s not a crime to be prescribed a drug that could be used in lethal quantities. And he’s never been in trouble before.”
“There’s a first time for everything, and this is it. We just need a piece of physical evidence and Stewart’s done.”
“Whatever happened with the cushion from the search?”
I said, “Nothing, no bodily fluids or traces of terbutaline.”
“I think it works to our advantage that Stewart thinks he’s in the clear.”
“I don’t like it. You look up the word smug in the dictionary and there’s a picture of Stewart.”
“Wasn’t it you who taught me not to get personal but to work harder?”
I nodded. “You’re right. Look, while he’s parading around like a free bird, we’ll redouble our efforts. Let’s start by canvassing Stewart’s neighborhood, see if anyone can remember seeing Gabelli there the night Stewart went to Clam Pass. See if anyone remembers Stewart leaving in the middle of the night, somebody out walking their dog or something. Anything we get, even circumstantial, will help dial up the heat on him.”
Vargas said, “Sounds like a plan. Still nothing on Stewart’s old car?”
“Nah. The dealer kept it on his lot for a couple of months and it didn’t move, so they sold it at an auction in Georgia. A wholesaler out of Pennsylvania picked it up and he had it for a month before he sold it to a dealer in Massachusetts. Anyway, they’re running it down, though. We should have something soon.”
“I’m not hopeful. Stewart seems careful, though he screwed up with the neighbor borrowing the car thing.”
“Maybe, but the neighbor had borrowed the Cube a couple of times. He could’ve gotten the dates mixed up.”
“But the line about him having an affair with the sheriff’s wife, what’s up with that?”
I shook my head. “We need a little break, that’s all, and we’re way overdue for one.”
Chapter 54
Somerville Police Officers Crowley and Spear pulled up to 81 Gilead Street. They climbed out of their car and peered down the driveway to the home. The officers nodded to each other and climbed the rickety stairs of the early nineteenth-century home. They knocked on the door, and a woman in her late forties, wearing gym clothes and eating a banana, opened the door. The officers introduced themselves and asked, “Ma’am, do you own a white Nissan Cube, year 2010?”
The color drained out of the woman’s face. “Yes, it’s my son’s car. Why?”
Officer Crowley handed a slip of paper to the woman. “We have a seizure warrant. We’re here to collect the car.”
She leaned against the doorframe, dropping her banana. “What did he do?”
“We don’t believe he did anything. The car is wanted in connection with a case involving a previous owner.”
“It has nothing to do with us?”
“Don’t believe so, ma’am.”
“Oh, thank God.”
A tow truck rumbled to a stop in front of the house.
“We’re going to need to take the car.”
“When will we get it back? He needs the car for school. He’s in college, you know.”
“We’ll give you a receipt after we’ve loaded it on the truck, and there’s a contact number on it. You can call that number later today. They’ll provide you with all the details.”
Neighbors had gathered in the street to witness the loading of the Nissan onto the tow truck. As the truck ambled its way out of view, the mother went around to her neighbors, explaining the unusual circumstances.
Chapter 55
Luca
Stewart raised his handcuffed hands. “You going to take these off?”
I originally wanted to cuff his hands behind his back, but Vargas reminded me he needed access
to his inhaler. Keeping a prisoner in cuffs was a controversial tactic I’d never used. With Stewart, I was betting it would help break him down. We’re in control, not you, Dom.
I said, “New security rules. Can’t take ’em off. But what I can do is cuff one arm to the table if you’d like.”
“Do it then.”
I told Vargas to get things going, and she stated the formalities for the record while I rearranged the shackles.
I sat down next to Vargas. “Mr. Stewart, were you at Clam Pass the night of Philip Gabelli’s disappearance?”
“I might have been. It was a long time ago.”
“We have video footage of your white Nissan Cube in the parking lot.”
“Like I said, it was a long time ago.”
“Previously you’ve stated that because it was the night Gabelli went missing, you had, how did he say it, Detective Vargas?”
Vargas said, “I believe it was crystal-clear recollection.”
I said, “That was it. If you’d like, we can play it back for you.”
Stewart said, “Things were stressful. I could’ve been there that night on a date.”
I said, “So, we’re back to the date excuse.”
“It’s not an excuse.”
Vargas said, “Did your date meet you there?”
Where was she going? I could tell by Stewart’s face he was just as confused as I was.
“What do you mean, meet me there? Is this some kinda police trick?”
Vargas said, “It’s not a trick question, Mr. Stewart. It’s a simple question. Did your date meet you at Clam Pass Park?”
“No, we left Campiello’s, I think it was, and went to the park together.”
“That’s interesting,” Vargas said.
“What’s so interesting?”
Vargas said, “The tape we have clearly indicates you were alone in the Nissan Cube when you entered the parking lot.”
What? Vargas was bluffing. I loved it, but if Stewart’s attorney got wind of it she’d have some explaining to do.
Luca Mystery Series Box Set Page 39