Enemy in Blue (41 page)

“
All right then, I can be there in an hour.” He hung up the phone and tucked the paper under his arm. He went inside the house and changed out of his shorts for some running pants. Kept the old T-shirt and gave his teeth a superficial brush. He pulled his lips back in the mirror to check his teeth, then stood there a moment. It had been a while since he had taken account of his physical condition. Black hair was ceding to gray in places. Bags like black half moons were starting to form under his eyes. He was still built, but his muscle tone was slowly disappearing. His brown eyes looked dull and tired. Martinez grabbed tweezers out of a cup on the sink and plucked a gray hair out of his nose.

“
Damn,” he said as his eyes watered.

The ride downtown went by fast. Hardly anyone was out on the roads. Plus, Carmen called him to tell him about Raul.

“
He's struggling with the loss of his legs.”

“
I bet. That's fully understandable,” Martinez said. “When do you think you'll be back?”

“
I wasn't exactly going to rush back. Raul needs me, and I doubt it's safe back home yet.”

“
Honestly, it's probably safer now than it ever was before. The Chief is dead. Tyler's dead. Shaver's in the can. He's obviously still pulling strings from the inside, but I don't see him getting to us. If Raul needs you though, then stay down there.”

“
How are you holding up alone?” she asked.

“
All right. I miss you, but I'm pretty self-sufficient.”

“
Barely. I bet there are clothes piled up around the house waiting for me when I get back.”

“
There are some piles,” Martinez said, chagrined. She was one of the few that could break through his generally rough exterior.

“
Well, leave them there for me. I'll take care of them for you.” He didn't say it but he missed her immensely. That machismo thing prevented him from fully opening up, even at this stage in their marriage. Without her around, he had nobody. They exchanged goodbyes and hung up.

Martinez parallel parked into a spot in front of the coffee shop. Mason and Cruz were already waiting at an outside table.

“
I came as soon as you called.”

“
Looks like it,” Cruz said jokingly.

“
Shit, you two are the
last
people I'd dress up for.” He sat down at the table. Mason had a pad of yellow paper and a pen. Cruz was sipping on something. “Is that a tea?” Martinez asked incredulously.

“
Chai.”

“
Chai
tea
,” Mason chided, joining in with Martinez.

Mason extended his hand to Martinez, “Nice to finally meet you in person.” They shook hands and Martinez plunked down into his chair.

“
Open your horizons, fellas. Teas are a great source of relaxation. Look at the Asian cultures. They are much healthier than us and most...” Cruz saw the blank expressions on both men's faces and stopped. “That hole was getting deep.”

A waitress came by and Martinez asked for a black coffee. Mason doubled up the order. “That's how it's done,” Martinez said.

“
Don't get all uppity and macho with me, Martinez. You forget that you're sitting at a coffee shop on a Sunday morning with two other guys. That machismo only gets you so far.”

“
Kidding aside,” Mason said, “what the hell happened out there with Tyler?”

“
You saw it, didn't you?” Cruz asked. “That's all there was to it. A car chase that ended with Tyler dead.”

“
Was there anything at the scene that could be helpful? Something from his car?”

“
Nah,” Martinez answered. “Some surveillance gear. A few guns. Nothing else helpful.”

“
Did someone get the guns to forensics to see if they match up to any unsolved ones?”

“
I assume. I wasn't handling the scene,” Martinez said.

“
I don't know what to do with those cold cases anymore,” Mason said.

“
Jerome and Isabella?” Cruz asked.

“
Yeah. They went ice cold when Tyler got run over.”

“
Dead ends again,” Cruz muttered, visibly frustrated.

Changing subjects, Mason said, “We have a big hearing coming up next week. Judge Melburn is going to decide whether to let the video into evidence. It's time to revert our focus to this case.”

“
Before we move on, one thing's been buggin' me,” Martinez said in a low voice. “I want one more trip to Shaver's house. He's a sociopathic killer—there's no doubt about that. Sociopaths usually keep some trophies from their kills. It's something they can go back to for their feelings of control. I've seen it in other cases. I think we've missed something big there.”

“
I'll help you get a warrant so you can search the house. Maybe Cruz can go with you.” Cruz nodded although he was a little sick of being volunteered for things. Mason volunteered him to track down and capture Tyler and that went like hell. Now he was volunteered to go right back into the lion's den. Whether the lion is there or not didn't seem to make much difference. Who knows what secrets that house contained.

“
Back to the business at hand. We've got a hearing on some preliminary matters, but also the issue of the video. Cruz, I'm going to need you to prepare Martinez to testify that he took the drive directly from the cameraman.” When neither man answered, Mason added, “I hope this isn't too much for either of you. Something wrong?”

“
This is very personal for both of us,” Cruz said. “Martinez lost his partner trying to preserve this video. I came face to face with...” Cruz paused and the other men looked at him. They could tell he was holding something back, but a mix of early morning density and the general stupor accompanying guys and sensitive things kept them silent. Cruz went on, “The fact we are here, to this point of using the video, and that some asshole judge is going to decide if we can use it bothers me.”

“
Me too,” Martinez added.

“
Obviously, I know how this works, but I've never been on this side of things. Shoot, I'm usually the one arguing to
exclude
evidence like this,” Cruz realized. “If the judge keeps the video out after all this effort, I may lose my faith in this whole process.”

Mason understood their sentiment. He was frequently on the side of having excellent evidence excluded on some technicality. “I get you guys. The rules are the rules though. The chain of custody on this video is shot. I'm not expecting anything, but hopefully Judge Melburn will have some sympathy and allow us to prove that chain otherwise.”

“
A sympathetic judge—now that's wishing!” Cruz said.

“
Sometimes that's all you've got,” Mason said rather melancholy. “Next Thursday at eight-thirty in the morning. Get Martinez ready.”

F O R T Y-O N E

__________________________________________________

S
haver crouched next to some shaded bleachers. Signs of spring were all around the yard. The hard concrete couldn't keep back nature as her delicate fingers pushed up through cracks and blew pollen all over.

He wondered if it could be as easy as he planned. Mills, Pick and the rest of the Aryan Brotherhood sprawled out on the bleachers, wasting the day away. On the streets, these gangs killed each other for territory, women, drugs, weapons, and pride. The jail had plenty of territory, drug and pride issues. All he had to do—he figured—was stir up one of those to start the killing. It was that easy on the streets, so why would anything be different in here?

He remained doubtful despite the reasoning. His knees ached so he stood up. Mills lazily opened one of his eyes and watched Shaver.

“
Whatchu so restless abou'?”

Shaver looked at Mills, not knowing he was being watched. “Nothing,” he said. He got close to the ground, smelling it and doing some push-ups. Then he grunted and walked in a direct line toward the
Emes
.

Mills nudged Pick as he watched Shaver get closer to the
Eme
territory. The
Eme's
had one of the bleachers in the sun, so half of their gang was missing, scattered around places in the yard with shade. “Whud the fuck...” Mills groaned as he sat up.

As Shaver approached the bleachers he saw the gang member that had harassed him several weeks ago. He also saw that members of the Guerillas were watching him intently. Witnesses to his next act. The
Eme
members were all laying on the lower portions of each bleacher seat, the foot-resting portion. Shaver counted four of them. His pace quickened as he neared the bleachers. There was a whistle, and then he thought he heard Mills scream out, “Shaver!!”

Shaver reached the bleachers and grabbed the lieutenant. With both hands full of shirt, Shaver yanked the man from the bleachers and threw him onto the concrete. “This one's from the Aryan Brothers, you fuck.” And then Shaver began to pound on his face like a jackhammer. He rained fists down on the man who had been unable to even muster a word before Shaver knocked him out. His head bounced on the concrete as Shaver developed a devastating rhythm of punches. Shaver felt blows to his own head but ignored them. Someone was trying to pull him off of the gang member but he squeezed his legs around the man's waist and hung tight.

He heard Mills and Pick screaming at him. They sounded confused. Then the hitting and pulling on him stopped. Mills, Pick and the rest of the Aryan brothers in the yard were fighting with the
Eme
. Shaver looked down at the man in front of him, who was nearly unrecognizable. His forehead and lips were swollen in a caveman bloat. The man had spit out teeth. Some were on the ground next to him, a couple rested on his chin, stuck there by saliva and blood. Shaver rolled off of him and onto his back on the ground. He struggled to catch his breath, gasping from the effort.

The fighting was going on all around him. Mills had an
Eme
member in a headlock and was squeezing the life out of him. Pick was locked in a ground wrestling match. The familiar sirens of the prison wailed their long tones. Shaver watched as an
Eme
gang member rushed an Aryan Brother from behind with something in his hand. Turned out it was a shiv, which the gang member used to jab the Aryan Brother in the neck. Blood spurted out from in between the brother's fingers as he fell to the ground.

Then Shaver's head slammed sideways. His world grew fuzzy. Another impact and all was dark.

* * * *

The judge looked impatiently at Mason and Sphinx. “Mr. Sphinx, is your client going to attend the hearing today?”

“
No, your Honor. I told your clerk that Sergeant Shaver was violently and brutally attacked while in prison. He's still recovering in the prison hospital.

“
Do we need him here today for these motions?”

“
No, Your Honor.”

“
Let's proceed then. What motion shall we start with?”

“
The motion
in limine
to exclude the videotape as evidence,” Mason said.

“
Okay,” Judge Melburn said, “I've read the fully briefed issue and stand ready to rule unless the State has anything to add.”

Mason was taken aback. “Your Honor, I understood this was supposed to be a hearing on the issues presented in the motion, and that you would reserve ruling until after hearing the testimony of the State's witness. How could you stand ready to rule before hearing that witness?”

“
Excuse me, counsel,” Judge Melburn said angrily, “but I think I know how much evidence I need to consider to rule. I
have
been doing this for thirty-two years!”

“
Your Honor, the State's entire argument against excluding the video rests with this witness behind me,” Mason said, pointing to Martinez.

“
I understand that counsel, and that's exactly why I stand ready to rule. Do you really intend to prove chain of custody through a witness that conducted an improper and unauthorized arrest of the defendant in this case? Is
that
the testimony you hope this Court will use to deny the motion? Because if it is, I stand ready to rule.”

Mason stood speechless at counsel table. In all his years of practice, he had never seen anything like this. Judge Melburn was pre-judging his evidence. “Your Honor, the State has a right to present its evidence without the Court
pre-determining
the weight of testimony. This certainly constitutes reversible error and...”

Judge Melburn shot up from his chair and pointed a bony finger at Mason. “One more word and I will hold you in contempt counsel. You do not threaten this Court with an appeal!” Mason stood with his hands on the table in front of him. He hung his head in disbelief. Judge Melburn sat back down and let out a bit of air through pursed lips. “Your gall, counsel, will not get you far in my Court.”

Mason turned around to Cruz who looked equally befuddled, without a clue as to what to do. Mason next looked at Sphinx who seemed to share a feeling of disbelief. Mason didn't understand what was happening. It was outrightly incorrect, discrimination almost. “The State would still like to present its witness for the record.”