Motion to Suppress (37 page)

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Authors: Perri O'Shaughnessy

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BOOK: Motion to Suppress
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33

HER HEART POUNDING, Nina called Anthony Patterson’s doctor with her question. He was in and talked to her. Lunch came, something pinkish and something greenish and something whitish.

While a nurse organized medicine on a tray, she called Al Otis in Sparks. He asked no questions, just said he’d be glad to stop in. He couldn’t come until later.

Otis poked his head around the door late in the afternoon and tiptoed in as if she had died after all. A red-haired man in a ponytail once more, he must be running out of disguises.

"Brought you a little something, Counselor," he said, reaching into his vest pocket and pulling out a tiny silver flask. "Hair of the litter. Go ahead, the nurse is down the hall."

She shouldn’t. She really shouldn’t. It was very good Scotch, about an inch, which made her cough, which in turn made her groan, but it was worth it.

"You’re lookin’ good, considering," he said, pulling up a folding chair. "It happened to me in Nam. See my leg?" He pulled up his trouser leg and she inspected the puckered white scar. "Worse things happened to my buddies. Goin’ home soon?"

"Tomorrow."

"Good, good." He seemed lost in thought. "Did you hear they caught the sumbitch that rammed my baby?" he asked suddenly.

"You mean ... Sharon?"

"My baby," he said, and began to cry. "Love is cruel," he continued after a while, blowing his nose loudly. "I’ll never love like that again. It was a geek named Blackie she met at a bar. She had some friends of hers rip off his bike, and she sold it to one of her best customers. Blackie saw the customer riding the highway out in the desert, by Pyramid Lake, took it back and beat up the rider. Then he got loaded and wiped Sharon out, there at the side of the road. She was only forty-three. Forty-seven if you believe her driver’s license." He wiped his eyes.

"I’m sorry," Nina said. She really was sorry.

"She loved me, and she let me try out anything on her," Al said in a melancholy tone. "And she was loyal to her friends."

"Anthony was her friend. Was she loyal to him?" Nina said.

"If you only knew," Al said. He snuffled into his tissue and drank some Scotch.

"But I do know, Al."

His eyes grew big and wide. "About the night Anthony bought it?"

"I know, and you know. It wasn’t Ericka Greenspan. Sharon told you about him, didn’t she, Al?"

"Sharon told me what happened, and Sharon never lied. Steal, yes, beat up on somebody, yes, but she had a strong moral compunction about lying. She told me."

Nina sat up, repressing another groan. "Al, Michelle Patterson was on trial for murder. You had crucial information. Why didn’t you call me?"

"I did, once. Right before the trial. But your secretary put me on hold for so long I changed my mind. And Sharon wouldn’t have wanted me to tell you. She lived outside the law.

"And we never owed pretty Misty anything, that little stinker. She was out of control. She showed her husband no respect. She was drivin’ that man nutso, cheatin’ and lyin’...." Al pulled at his ring, which was again missing its bright zircons. "Besides, I knew you’d get her off. I trusted you from the minute I seen you step into my trailer. Great legs."

"Thanks," Nina said weakly. "So..."

"And you paid your dues, and took care of business, so I didn’t have to be a witness and blow my cover."

"Al, I suspect that I’ve got the story in substance. Now I want to know what Sharon said."

"Promise you won’t hold it against her? She was a very moral girl, in her way. She was just carrying out Anthony’s last wishes."

"I won’t hold it against Sharon," Nina said. "Al, please."

Al Otis smiled. "I like to get ’em begging," he said. If she’d had the strength to reach him she would have shaken him. He put up his hand as if to fend her off, saying, "Relax. I’m harmless."

"Al."

"You don’t want to play no more?" He drained the last of his flask, cleared his throat interminably, and finally said, "All right. Here’s how it went down.

"Sharon rode up the hill to see Anthony about ten. We owed him a few grand from the week’s take. Don’t ask me what else they did, I never asked myself. They were friends. That was her business. So she gets there, and she’s half frozen, and she has to haul in some logs and get a fire going because Anthony’s lyin’ there on the couch in his robe, and at first he won’t even talk to her.

"So she gets a fire blazin’ and strips off her leathers. The guy has hardly moved, and she keeps askin’ him what’s wrong. She fixes some drinks and gets him talking, and he tells her two bad things have happened. I mean bad with a capital B."

"Go on."

"His doc has just confirmed that day he has lung cancer. He’s been smoking for twenty-five, thirty years, what did he expect? It’s advanced, there are a few cells here and there, he’s got about six months. He cries on Sharon’s shoulder for a few minutes, they have some more drinks. Then he tells her—"

"How are we doing?" said the nurse, sweetly. Pill time. Al watched sympathetically while Nina swallowed and swallowed.

"What did he tell her then?" Nina said as the nurse bounded out in her springy white shoes.

"Anthony had been puttin’ out Misty’s fires all over town. He was shuttin’ down that schoolteacher guy, Tom, by talkin’ to his wife. And he thought there was some hankypanky with the doc whose wife blew him away at your trial, so he talked to the wife there. The thing is, he really didn’t know what to do about Misty, because he knew if he bitched at her like he wanted to, she’d move out for good.

"That day, right after he saw the doc, his snake-eyed compadre Peter La Russa came by and handed him a security video of the fourth-floor hallway, trained on the general manager’s apartment up there. It showed Misty leaving, maybe the day before, maybe that very day, with heavy smooches and gropes all around. It’s a wonder she ever got any sleep."

"How did he react?"

"I’m telling you. Sharon had never seen him like that. She said he was in black despair. He was a hard man, but even the hard ones have a soft spot, and Misty was his. All those suspicions, and he never really believed she was cheatin’ until that day. He was too quiet, then he’d start raving. She calmed him down some, put him to bed. She hoped he’d stay there until morning, maybe wake up thinking straight. Those were some bad knocks he’d taken.

"Then it was after midnight, and Sharon knew Misty’d be coming in from the night shift. Sharon didn’t want to be there. Anthony was snoring away, but she was worried Misty would wake him up. She heard the Subaru in the driveway and she slipped out back and looked into the living room from outside. She’d parked the bike down the street."

Al paused. "No reason for me or Sharon to invent this shit, right?" he said.

"No," Nina said. She was rubbing her forehead, rerunning scenes in her head. Dr. Clauson in Placerville, smoking stoically next to Anthony’s body, telling her and Paul about the cancer; La Russa, testifying about the videotape he had given Anthony; Steve Rossmoor, telling Paul he had videotapes of his hallway that would prove he’d ’never gone out the night Anthony died.

Here, right here, was where Michelle Patterson had come in. And, according to Al, it all happened just as she had told Nina, eons ago in her office.

"After the fight Misty ran into the kitchen. Sharon was thinking Anthony must be hurt bad. She could see he was bleeding. She was going to come around and see if she could help. But then she saw Anthony get up. He was moving okay. He stood by the kitchen door. And when Misty came back out, he clipped her. Sharon said it looked like he was being careful to do it so he would just knock her out.

"He carried her into the bedroom. Then he went into the kitchen, and he picked up the bear statue Misty had hit him with, and he went outside. No coat, no shoes, just holding that red robe of his closed in front.

"Sharon came around the side of the house to meet him, but he was already crossing the snow, heading toward the neighbor’s boat. There was plenty of moon and the snow had slowed down to a sprinkle. She called to him but he didn’t pay no attention. By the time she got over there he was cast off and a hundred feet out.

"Then she hollered across the water, ’Come back, you crazy motherfucker!’ "

"And he yelled back, ’Don’t let on!’

"Those were his last words. He disappeared out there in the dark with a wave, and Sharon watched for him a long time, but he didn’t come back."

Al’s voice trailed off.

"He framed his own wife," Nina said. She had been sure, but hearing Al tell the story she still felt a kind of awe. She slumped back in the bed.

"Give me a call when you get back on your feet, Counselor," A1 said, rising. "We’ll talk some more. I’ll teach you some cards." Then he was gone.

Sometime later, the nurse brought her a heavy brown package. Nina broke the twine with her teeth and let the paper fall to the floor.

"The police gave this back, but it’s a bad memory for me. Keep it, Nina, and think of me and all the good you did by believing in me and trusting yourself." The card was signed by Michelle. Inside white tissue, she found the polar bear statue. She placed it next to her bed, on the table in front of the window.

She closed her eyes, allowing herself to appreciate fully that she had come at last to the heart of her case, the heart of a dead man. She felt she had known Anthony all these months. All the emotions had begun with him. He had made everyone in the case into unwitting instruments of his revenge.

For a moment, she hated him. She had almost been killed. Because of him.

But this feeling was replaced by a grudging sympathy. Now that she understood him, she could not hate him. His suicide had been his declaration that he would die his own death, his own way. He had defied the fate that awaited him: divorce, illness, and loneliness. He had placed his faith in love, and avenged himself when his love was betrayed. In the midst of his brutality and the limitations of his personal history, she could not help seeing a thumb-your-nose kind of bravery in his actions.

She understood him at last. And at last she believed she knew his story. Exhausted with her thoughts, aching with cold in the chilly room, she lay back against her pillows. She lay back to dream the story of the jealous lover. She heard the song Michelle hated. She saw him waving back to Sharon on the dock, shivering, going down to the galley where it was warmer. She imagined him thinking of Misty, wanting her never to forget. He was halfway drunk already. All it would take would be one firm blow and he would sink below the cold, black surface. The moon had even sent a trail along the water for him; the lake would do the rest. She could see him close his eyes, lean out, bring the statue up hard ...

The nurse was shaking her shoulder gently. "Dinner," she said. "Are you cold? You’re shaking." Something bluish had been added tonight, in a plastic bowl. Must be dessert. "Yum," Nina said, thinking of Paul wolfmg his food at the Freel Peak Saloon. She missed him.

After she ate, she dialed Michelle’s number in Fresno. While the phone rang, she considered whether to tell Michelle what she knew, a simple tale that went beyond the facts and connected all the dots. Knowing what happened the night Anthony died might burden her with new guilt, but protecting her wasn’t respecting her for the woman she had become, a person who played the hand she was dealt.

Should she suppress this final truth?

She hung up. There was no rush.

She was tired again. The last thing she saw shaping itself on the inside of her eyelids as she drifted off to a dreamless sleep was the same thing she saw every day now: the familiar window of her office, her porthole on the world, the zigzag of Mt. Tallac looming outside, purple and magnificent, waiting patiently for her.

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PROLOGUE

AFTER BEING DROPPED OFF at a filthy parking lot underneath a gloomy concrete overpass, Nina Reilly stopped in for coffee at the Roastery on the corner of Howard and Main Street. A river of chilly air flowed through the tunnel-like streets around the skyscrapers of the Financial District. The buildings seemed to lean in at her, threatening. She had her pick of caffeine oases, not that it mattered. She was not here by choice. Any black bile would do.

At the bottom of Howard, the Embarcadero and Bay Bridge buzzed unseen, angry hives of energy. The tall building’s glass reflected the sun’s intense beams right at her. People glowed like aliens, or so she projected. San Francisco wasn’t her city anymore. The town of South Lake Tahoe had sheltered her for the last few years after she left the Montgomery Street law firm where she had begun the practice of law, and the city had become a stranger.

Nina sank into a rattan chair. A young man at the next table, his Chinese newspaper close to his nose, blew steam across his cup.

Women like her, wearing expensive jackets and gold earrings, waited anxiously in line, then carried their medicine right out the door, swallowing on the run.

Where was Jack?

She watched a boy from some cold country, bearing a heavy backpack, lounge against the counter, waiting for his espresso. Next to him a balding man, not very much older but with the suit and briefcase of one who has settled into his life, took an apple from a bowl while the woman behind the counter heated up a muffin. The scent of cinnamon moved through the room, smelling of home, its effect immediate and painful. She thought of Bob, who was staying with her brother, Matt, back in Tahoe. She needed her son beside her but she didn’t want to put him through this. It would hurt him too much.

She looked around. Jack should be here by now.

What a strange and terrible day, she thought, taking in the sounds of traffic and the city through the open doors.

Here she sat waiting for her ex-husband, a man she had never expected to see again, but as a result of this six-month-old legal case they had a closer relationship now than when they were married. Jack as a colleague was a savvy, reassuring presence beside her; a much better lawyer than he had been a husband.

Jack blew through the door from Main Street, tossing a raincoat on the chair next to hers. "Sorry I’m late."

"I just got here myself. We got stuck in traffic coming off the Bay Bridge. How much time do we have?"

"A few minutes. What time did you leave Tahoe?"

"Four-thirty." A long, long time before the dawn. She tried to smile back, remembering that attitude is everything. Reinforcements had arrived and she should straighten up.

Jack looked spiffy in his suit, his square jaw scraped clean. Fresh from the blow-dryer, his ginger hair stuck out as if fired by electricity.

Smoothing his hair down with one hand, he read from the green boards. "I’ll be right back," he said, getting up and walking over to the counter.

Nina watched him sneak in front of a pale office worker, apologizing as if he hadn’t seen her, offering to wait in line behind her, but the girl was already bewitched and said, oh, no, you go ahead. Jack had charm, that rare quality that eased the tensions in the courtroom as well as in life. Good. He would need that magnetism over the next few days.

He returned and slurped, careful of his white collar. Then he took her hand. "Relax, now. It’s just another day in court." His eyes moved over her in a mix of personal and professional interest. "I like the suit. You could pull your hair back."

Nina considered the measure of control Jack now had over her, found a barrette in her purse, and pulled her long brown hair back.

"We should go in a couple of minutes. We’ll be more comfortable if we have a minute to settle in before the judge shows up. You look worried. No, you look mad. Mad and worried. What’s up?"

"I’m ready to fight, only who are we fighting? I can’t stand this feeling that we’re being manipulated."

"So we use the hearing to find out. We focus on that. Meanwhile, don’t get weird on me."

"I’ll look confident. But don’t tell me how to feel." His eyes moved to her hand, where she had bitten a nail down to the quick. She rubbed her lips with her finger, opened her briefcase and withdrew a delicate mirror, then looked herself in the eye. The eye was still brown and showed no panic. Amazing.

"Why didn’t you come down from Tahoe yesterday? I can see how tired you are, and we’re just starting. You should have stayed with me in Bernal Heights last night, saved yourself that drive. What did you think I would do? Jump you?"

She didn’t answer, telling herself, this is not the time. Lack of sleep and the months of tension building to this moment were unfettering them both.

"Sorry," Jack said after a moment. "The shoes are nice. You look remarkably respectable today. Like someone I might marry." He smiled, and the smile invited her to play along. He always wanted to brush the edge off, smooth things over with humor. "Life is folly," his eyes told her. When she didn’t smile back, his face hardened and he turned back into Jack the Knife, his lawyer-self. She preferred that. She believed it to be the real him.

His eyes flitted to his watch. "Time to go. "

They left, hustling although they were still early.

Nina’s new briefcase felt heavier with every step. Its contents, tagged paper exhibits, represented months of work. This was the most important hearing of her career. Still, she was not ready. She could never be ready for this.

They moved through a warren of skyscrapers into a dank alleyway. At an outdoor stand, more coffee shot into impatiently jiggling cups. The whole city seemed to be fueled with caffeine, hyper, irritable, on the move. Pushing through double doors, they walked up to a security desk. "Good morning. Do we need to sign in?" Jack asked.

A friendly black woman eyed their attaches. "You going up to the court?"

"That’s us. Is the judge in a good mood?"

"You tell me when you see him. Sign in up there," she said. "Sixth floor."

The elevator gleamed bronze and silver. They rode up in silence, exited toward a sign that read, "Quiet, please. Court in session," and laid their nail clippers, keys, and coins on a brown plastic tray before passing through the metal detector. As Nina walked through, the alarm sounded. The attendant, a young man in a starched white shirt, motioned her back. He looked down at her feet. "Hmm. No buckles," he said.

She removed her watch and walked through again. Again it rang. By this time other people in a small waiting area to the left, several that she knew, were staring at her. She swallowed and tried to think what in the world she was wearing that would make the thing go off. An underwire bra? No, she’d gone for the soft athletic one, invisible under her suit jacket and more comfortable for a long court day. She was already ridiculous. She felt an urge to flee.

"Your barrette, Nina," Jack said.

Nodding, she removed it. Her hair billowed out, but she walked through soundlessly this time. The guard smiled at her and handed her the barrette. "Sign in here." He pushed a lined pad toward her. "Put 9:22 as when you checked in. You don’t have to sign out if you leave for a few minutes. Just at the end of the day."

"Can we go on in?" Jack asked. "We’re scheduled in Courtroom Two, I believe."

"The clerk is already in there. Go ahead."

Nina felt the eyes on her back as they walked inside.

"Your hair," Jack reminded her.

"To hell with it." She slid her barrette into her pocket.

Small and windowless except for two lengths of frosted glass that ran alongside the door to the waiting area, the courtroom formed a long rectangle. On the right, the trial counsel for the California State Bar, Gayle Nolan, sat at an L-shaped table behind two large black notebooks. Nina and Jack took seats at an identical table on the left, Jack seated on the outside, Nina tucked into the L, feeling the unnatural chill of an overactive ventilation system, grateful for a warm jacket.

Jack put papers on the table and handed her one of two bottles of spring water that were sitting there. She unpacked the briefcase swiftly and efficiently as she had done so many times before in her legal career, getting into it, appreciating the tight organization resulting from so many hours of work.

A study in neutrality, the courtroom walls were brown, white, and gray. The chairs they sat in bore innocuous stripes. The furnishings were affectless, designed to suck moods right out of the air. Details like the clock on the wall, circular, simply numbered, the judge’s podium, and a large digital clock, right now showing dashes instead of numbers, were strictly functional. Behind them a dozen chairs for observers or witnesses lined the back wall of the court.

She could be in Chicago or New York. She could be back in her home courtroom in South Lake Tahoe, the room was so stylized. It reminded her of the set of a play she had seen not too long ago at a little theater, Sartre’s No Exit, a black place presumably surrounded by the Void. Purgatory, timeless and eternal.

But this wasn’t Tahoe. The mountains outside beyond the gray were tall buildings. The dreamlike element, the clash between the bland courtroom and the often terrible events that brought people there, gripped her. What am I doing here? she thought. Who has done this to me?

Jack reached over and ran his hand along her arm.

"Okay?" he whispered.

"Totally freaked out," Nina whispered back.

"How you can feel that way and still look so Darth Vader-tough I’ll never understand." Jack fingered an empty Styrofoam cup, a scraping, ghastly wakeup. Gayle Nolan got up, ignoring them, and wheeled in a cart marked Chief Trial Counsel weighted down with thick notebooks, folders in file boxes, and code books. So many papers. Nina tried to enjoy the sight of her struggling with the load. No eager law clerks helping here. Light gleamed off Nolan’s specs as she stacked the paperwork onto her table. Finally, she sat back down.

"Hey, Gayle," Jack said. "And how are you on this fine morning?"

"Hello, Jack."

"You can still back out."

"Don’t make me laugh."

"This whole thing is a laugh."

"Yeah? I notice she’s not laughing."

"She wants the last laugh."

The judge entered from one of three doors at the front of the room behind the podium. They all stood. Extra tall, with a full head of gray hair he had brushed back, he sported a small, neat moustache, not bushy like the one Jack used to wear. He didn’t look at them. The file engaged his attention as he sat down, allowing them to sit too.

A placard at the front of his desk read, Judge Hugo Brock. "We’ll go on the record," he said. Sitting on his left with headphones over her ears, the clerk clicked on a keyboard. The digital clock at the front flashed to brilliant red life. It was the brightest spot in the courtroom, and they all stared at it as if the day had exploded.

"California State Bar Proceeding SB 76356. In the matter of Reilly," said the judge.

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