I is for Innocent (2 page)

It was a Monday early in December when I first got involved in the Isabelle Barney murder case. I'd driven down to Cottonwood twice that day, two ten-mile round-trips, trying to serve a subpoena on a witness in a battery case. The first time, he wasn't home. The second time, I caught him just as he pulled into his driveway from work. I handed him the papers, disregarding his annoyance, and took off again with my car radio thundering to mask his parting remarks, which were rude. He used a couple of words I hadn't heard in years. On my way into town, I did a detour past the office.

The Kingman building is a three-story stucco structure, with parking tucked in at ground level and two floors of offices above. Across the facade, there are six pairs of floor-to-ceiling French doors that open inward for ventilation, each flanked by tall wooden shutters painted the soft verdigris of a greening copper roof. A shallow wrought-iron bracket is secured across the lower half of each set of doors. The effect is largely decorative, but in a pinch might prevent a suicidal dog or a client's sulky child from flinging itself out the window in a fit of pique. The building straddles the property and has a driveway that passes through an arch on the right, opening up into a tiny parking lot in the rear. The one drawback is the parsimonious assignment of parking spaces. There are six permanent tenants and twelve parking spots. Since Lonnie owns the building, his law firm had been allotted four: one for John, one for Martin, one for Lonnie, and one for Lonnie's secretary, Ida Ruth. The remaining eight places were parceled
out according to the individual leases. The rest of us had a choice of street parking or one of the public lots three blocks away. The local rates are absurdly cheap, given big-city standards, but on my limited budget the tab mounts up. Street parking downtown isn't metered, but it's restricted to ninety minutes and the meter maids are quick to ticket you if you cheat by so much as a minute. As a consequence, I spent a lot of time either moving my car or cruising the area trying to ferret out a spot that was both close by and free. Happily, this exasperating situation only extends until 6:00
P.M.

It was then 6:15 and the third-floor windows along the front were dark, suggesting that everyone had already gone home for the day. When I drove through the arch, I saw Lonnie's car was still in its slot. Ida Ruth's Toyota was gone so I eased my car into her space, next to his Mercedes. An unfamiliar pale blue Jaguar sedan was parked in John's slot. I hung my head out the car window and craned my neck. Lonnie's office lights were on, two oblongs of pale yellow against the slanting shadows from the roof. He was probably with a client.

The days were getting steadily shorter, and a gloom settled over the town at that hour. Something in the air generated a longing for a wood fire, companionship, and the kind of cocktail that looks elegant in the print ads and tastes like liniment. I told myself I had work to do, but in truth it was just a way to postpone going home.

I locked my car and headed for the stairwell, which was tucked into a hollow core that extended up the center of the building like a chimney flue. The stairs were inky, and I had to use my little keychain flashlight to break up the darkness.
The third-floor corridor was in shadow, but I could see lights in the reception area through the frosted glass in the front door. By day, the whole third-floor complex was cheerful and well lighted, with white walls, burnt orange carpeting, a forest of greenhouse plants, Scandinavian furniture, and original artwork in bright crayon tones. The office I was renting had served as a combination conference room and kitchen, and was outfitted now with my desk and swivel chair, file cabinets, a small flop-out couch that could double as a bed in an emergency, a telephone, and my answering machine. I was still listed in the yellow pages under Investigators, and people calling the old number were advised of the new. In the weeks since the move, while some business had trickled in, I'd been forced to resort to process serving to make ends meet. At twenty bucks a pop, I was never going to get rich, but on a good day I could sometimes pick up an extra hundred bucks. Not bad, if I could sandwich it in with other investigative work.

I let myself in quietly, not wanting to disturb Lonnie if he was in the middle of a conference. His office door was open and I glanced in automatically as I went past. He was chatting with a client, but when he caught sight of me, he raised his hand and beckoned. “Kinsey, could you spare a minute? There's someone here I want you to meet.”

I backtracked to his doorway. Lonnie's client was seated in the black leather wing chair, with his back to me. As Lonnie stood up, his client stood, too, turning to look at me as we were introduced. His aura was dark, if you buy that kind of talk.

“Kenneth Voigt,” Lonnie said. “This is Kinsey Millhone, the private investigator I was telling you about.”

We shook hands, going through the usual litany of greetings while we checked each other out. He was in his early fifties with dark hair and dark brown eyes, his brows separated by deep indentations that had been set there by a scowl. His face was blunt, his wide forehead softened by a tongue of thinning hair that was brushed to one side. He smiled politely at me, but his face didn't brighten much. A pale sheen of perspiration seemed to glimmer on his forehead. While he was on his feet, he shed his sport coat and tossed it on the couch. The shirt he wore under it was dark gray, a short-sleeved Polo with a three-button placket open at the neck. Dark hair curled from his shirt collar and a mat of dark hair covered his arms. He was narrow through the shoulders and the muscles in his arms were stringy and undeveloped. He should have worked out at a gym, for his stress levels, if nothing else. He took out a handkerchief, dabbing at his forehead and his upper lip.

“I want her to hear this,” Lonnie was saying to Voigt. “She can go through the files tonight and start first thing in the morning.”

“Fine with me,” Voigt said.

The two sat down again. I folded myself into one corner of the couch and pulled my legs up under me, considerably cheered by the prospects of a paycheck. One advantage in the work for Lonnie is he screens out all the deadbeats.

Lonnie offered me a word of explanation before the conversation continued. “The P.I. we were using just dropped dead of a heart attack. Morley Shine, you know him?”

“Of course,” I said, startled. “
Morley
died? When was this?”

“Last night about eight. I was gone over the weekend and didn't get back till after midnight so I didn't hear about it myself until this morning when Dorothy called me.”

Morley Shine had been around ever since I could remember, not a close friend, but certainly a man I could count on if I found myself in a pinch. He and the fellow who'd trained me as a P.I. had been partners for years. At some point, they'd had a falling-out and each had gone into business for himself. Morley was in his late sixties, tall and slump-shouldered, probably eighty pounds overweight, with a round, dimpled face, wheezing laugh, and fingers yellowed from all the cigarettes he smoked. He had access to snitches and informants in every correctional facility in the state, plus contacts in all the relevant local information pools. I'd have to quiz Lonnie later about the circumstances of Morley's death. For the time being, I concentrated on Kenneth Voigt, who had backed up his narrative so he could get a running start.

He stared down at the floor, hands clasped loosely in his lap. “My ex-wife was murdered six years ago. Isabelle Barney. You remember the case?”

The name meant nothing. “I don't think so,” I said.

“Someone unscrewed the fisheye in the middle of the front door. He knocked, and when she flipped on the porch light and peered out, he fired a thirty-eight through the spyhole. She died instantly.”

My memory kicked in with a jolt. “That was her? I do remember that much. I can't believe it's been six years.” I nearly added my only other recollection, that the guy alleged to have killed her was her estranged husband. Apparently not Kenneth Voigt, but who?

I made eye contact with Lonnie, who interjected a comment, picking up on my question as if with ESP. “The guy's name is David Barney. He was acquitted, in case you're curious.”

Voigt changed positions in his chair as if the very name made him itch. “The bastard.”

Lonnie said, “Go on with your story, Ken. I didn't mean to interrupt. You might as well give her the background as long as she's here.”

It seemed to take a few seconds for him to remember what he'd been saying. “We were married for four years . . . a second marriage for both. We have a ten-year-old daughter named Shelby who's off at boarding school. She was four when Iz was killed. Anyway, Isabelle and I had been having problems . . . nothing unusual as far as I knew. She got involved with Barney. She married him a month after our divorce became final. All he wanted was her money. Everybody knew that except poor, dumb Iz. And I don't mean any insult to her when I say that. I loved the woman, truly, but she was gullible as they come. She was bright, and she was talented, but she had no sense of self-worth, which made her a sitting duck for anybody with a kind word. You probably know women like that. Emotionally dependent, no self-esteem to speak of. She was an artist, and while I had tremendous admiration for her ability, it was hard to watch her throw her life away. . . .”

I found myself tuning out his analysis of her character. His generalizations about women were obnoxious and he'd evidently told the same story so often his rendering of events was flat and passionless. The drama was not about her anymore, it was the tale of his reaction. My eye
wandered over to the pile of fat manila folders on Lonnie's desk. I could see
VOIGT
/
BARNEY
written across the spine. Two cardboard boxes stacked against the wall contained additional files, judging by the labels affixed to one side. Everything Voigt was saying was going to be right there, a compilation of facts without all the editorials attached. It seemed weird to me—what he said might be true, but it wasn't necessarily believable. Some folks are like that. The simplest recollection just sounds false in the rendering. He went on for a bit, speaking in closely knit paragraphs that didn't yield the opportunity for interruption. I wondered how often Lonnie had served as his audience. I noticed he'd disconnected, too. While Kenneth Voigt's mouth was moving, Lonnie picked up a pencil and began to turn it end over end, tapping on his legal pad first with the point and then with the eraser. I returned my attention to Ken Voigt.

“How'd the guy get off?” I asked as soon as he paused for breath.

Lonnie jumped in, apparently impatient to get down to the meat of the matter. “Dink Jordan prosecuted. What a yawn that was. Jesus. I mean, the man is competent but he's got no style. He thought he could win on the merits of the case.” Lonnie snorted at the absurdity of the assumption. “So now we're suing the shit out of David Barney for wrongful death. I hate the guy. Just hate him. The minute he pled not guilty, I told Ken we should jump on the son of a bitch with hobnail boots. I couldn't talk him into it. We filed and got him served, but then Ken insisted we sit on it.”

Voigt frowned uncomfortably. “You were right, Lon. I see it now, but you know how it is. My wife, Francesca, was
opposed to our reopening the investigation. It's painful for everyone . . . me more than most. I simply couldn't handle it.”

Lonnie crossed his eyes. He didn't have a lot of sympathy for what people could or couldn't handle.
His
job was to handle it. Voigt's job was to turn him loose. “Hey, okay. Skip that. It's water under the bridge. It took a year to get him tried and acquitted on the criminal charges. In the meantime, Ken here watches David Barney work his way through Isabelle's money. And believe me, there's plenty of it, most of which would have gone to his daughter, Shelby, if Barney'd been convicted. Finally, the family reaches a point where they can't stand it anymore, so Ken comes back to me and we get into gear. Meanwhile, Barney's attorney, guy named Foss, files a discretionary motion to dismiss for lack of prosecution. I whip into court and tap-dance my tiny heart out. The motion was denied, but the judge made it clear he wasn't happy with me.

“Now, of course, David Barney and this jerk who represents him are using every delay they can think of, and then some. They dicker around and dicker around. We're going through all the discovery, right? The guy's been acquitted in criminal court so what difference does it make what he says at this point? But he's tight-lipped. He's tense. That's because he's guilty as hell. Oh, and here. Check this. Ken here has a guy show up . . . turns out he shared a cell with David Barney. This guy's been following the case. He sits in on the trial, just to see what's going on, and he's telling us Barney as good as admitted he killed her as he's walkin' out the courtroom
door
. The informant's been hard to nail down, which is why I want to get the sucker served first thing.”

“What good's it going to do?” I asked. “David Barney can't be tried again on the murder one.”

“Exactly. Which is why we kicked it over to the civil side. We've got a much better shot at him there, which he damn well knows. The guy's really dragging his feet, doing everything he can to hinder and obstruct. We file a motion. He's got thirty days to answer so his attorney—what a geek—waits until day twenty-nine and then files a demurrer. Anything to string it out. He's throwing up roadblocks left and right.

“We bring Barney in for a deposition and he pleads the Fifth. So we take him into court and force him to testify. The judge
orders
the guy to answer because he has no Fifth Amendment rights. There's no danger of prosecution because jeopardy has attached. Back we go on the depo. So now he takes the Fifth again. We take him in on the contempt, but in the meantime we're running up against the court statute—”