Wrong Turn (24 page)

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Authors: Diane Fanning

BOOK: Wrong Turn
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When the lawyers walked back to their respective tables, Culver smirked and Reed looked as if he might spontaneously combust at any moment.

‘Mr Culver,’ the judge intoned, ‘you may call your first witness.’

‘The defense calls Lieutenant Lucinda Pierce.’

Lucinda timed the pace of her walk to the witness stand. She did not want to appear too eager or too reluctant to testify. She raised her hand to be sworn in as a witness and then took her seat.

After the preliminary questions about her identity and experience, Culver asked, ‘Did you review the records of Ms Sherman’s criminal investigation and trial?’

‘Yes, sir, I did.’

‘Did you uncover anything that raised your concerns as a law enforcement officer?’

‘Yes, sir, I did.’

‘Did you find any evidence of prosecutorial misconduct?’

‘Objection, your honor,’ Reed interrupted. ‘The lieutenant is not an attorney, not an expert on that point of law, and she is not qualified to present what amounts to a judicial decision.’

‘Sustained. Just ask her what she found, Mr Culver.’

‘Yes, your honor. Lieutenant Pierce, when you were searching the files on this case, were you concerned about the integrity of any of the documents?’

‘Yes, sir. I found a problem with one interview transcript. Only clean originals should be in the file but I found a document marked with redactions.’

‘What were your initial thoughts when you discovered this anomaly?’

‘I thought a mistake had been made. I thought that somehow a version of the transcript prepared for public release inadvertently went into the file.’

‘What did you do then?’

‘I went through the audiotape archives to find the actual recording of the interview to listen to it in its complete form. But when I played the three tapes, they were blank.’

‘Another mistake, lieutenant?’

‘It did not appear to be an error. It seemed to be deliberate. The hiss on the tape sounded like erasure noise.’

‘Did you take any additional steps, lieutenant?’

‘Yes, I went to interview the original subject on the tape.’

‘And what did you learn?’

‘She told me that—’

‘Objection,’ Reed shouted. ‘Hearsay.’

‘Sustained. Lieutenant, you can answer to the nature of the information she provided but not the specific content of what she said. Do you understand?’

‘Yes, your honor.’

‘Proceed. You may answer, lieutenant.’

‘She shared with me the exculpatory information that she had given to law enforcement during that interview.’

‘Are you saying that the interview contained information that would have helped the defense in her case?’

‘Yes, I am.’

Culver shuffled through papers. Lucinda hoped he didn’t ask her about visiting Martha in prison. Reed knew she had been there but he didn’t know about the conversation and she would not lie about that under oath. If she was asked, she’d answer truthfully. But she hoped she was not asked. To her great relief, Culver said, ‘That’s all, your honor. I have no more questions for the witness.’

The judge said, ‘Your witness, Mr Reed.’

He stood up and leveled a hard look at Lucinda. ‘Were you the lead investigator in the Emily Sherman murder investigation?’

‘No, sir, I was not.’

‘Were you a homicide detective at the time?’

‘No sir, I was not.’

‘You were simply an officer assisting Homicide in an investigation, is that correct?’

‘Yes, sir.’

‘In fact, you didn’t know what you were doing, did you?’

‘Objection, your honor. Badgering the witness.’

‘Sustained.’

Reed looked down at the papers piled on the table and continued, ‘You didn’t have much experience with murder investigations at that time, did you?’

‘No, sir.’

‘Is it true that the only reason you ever got a position in the homicide department was because of the untimely death of Lieutenant Boswell?’

Lucinda refused to give him what he wanted. She looked over at the captain and recalled his words and said, ‘It was one of the reasons, yes, sir.’

Holland nodded at her.

‘But you wouldn’t have gotten the job if he hadn’t keeled over—’

‘Objection. Asked and answered,’ Culver interjected.

‘Sustained,’ the judge said. ‘Move on, counselor.’

Lucinda never liked a defense attorney more than she did Nathan Culver at that moment.

‘Despite the fact that Lieutenant Boswell died to give you a job, you—’

‘Objection, your honor,’ Culver said. ‘The state’s attorney is testifying, not asking a question.’

‘Your honor, there is a question in this sentence.’

‘Sustained. Reword the question, counselor. The lieutenant is not on trial here.’

‘In the course of that investigation, did you do something you regret?’

‘Yes, sir, I did. I regret I accepted too much at face value and—’ Lucinda started.

‘Please stick to yes or no answers, lieutenant,’ Reed interrupted.

‘Objection,’ Culver said.

‘Overruled,’ the judge answered.

Reed beamed like a cat ready to pounce on its prey. ‘When you realized that your actions during the original investigation may have played a role in the conviction of an innocent woman, did you attempt to pin the blame for this wrongdoing on a dead detective?’

‘I did not.’

‘Then, why did you set out to destroy his reputation?’

‘Objection,’ Culver yelled. ‘Badgering the witness.’

‘Gentlemen, please step up to the bar. Lieutenant, you can step down but remember you are still under oath.’

Lucinda was disappointed. She thought she’d get to hear every word from the witness box. Again, she tried to translate the meaning of their interaction without the benefit of sound. Once again, Reed looked very unhappy.

When they returned, Reed glared over at her before turning to face the judge. ‘Your honor, I have no further questions for Lieutenant Pierce at this time.’

‘You are dismissed, lieutenant,’ the judge said. ‘Any further witnesses, Mr Culver?’

‘Yes sir, the defense calls Lisa Pedigo.’

Lucinda smiled. It was all over now.

Lisa reiterated her original interview with law enforcement, including the victim’s treatment of Martha Sherman, theft of Martha’s car, and the complication of Andrew Sherman’s affair with heiress Dora Canterbury.

Culver asked, ‘Who was present for that interview?’

‘Lieutenant Boswell.’

‘Was Lieutenant Pierce present – or Sergeant Pierce as she was at the time?’

‘No, sir. I never spoke to her. I never saw her until she came to my home last week.’

‘Was the district attorney present at your interview?’

‘No, sir.’

‘To your knowledge was he aware of your interview?’

‘Yes, sir, I know he was. We talked on the telephone about it. We went through the whole thing. I must have been on the phone for more than an hour.’

‘Did you hear from anyone else at the time of the investigation or trial?’

‘No, I thought that was odd.’

‘Odd, in what way, Ms Pedigo?’

‘I had expected someone on the defense to contact me. I was surprised that they didn’t want to question me, too.’

‘Why did that surprise you?’

‘Mostly, because I knew that Martha did not have access to her automobile at the time of Emily’s disappearance. I knew that Martha had not left her house between the theft of her car by her stepdaughter and the discovery of her car stained with Emily’s blood. I knew that Martha couldn’t have done anything to Emily.’

‘Why didn’t you assert yourself to make sure that information was known to the defense at the time?’

‘I called the detective and the district attorney but got no response to my messages. I know I should have made the same effort with the defense lawyer but . . . but . . .’ Lisa paled, threw her hand over her mouth and seemed to shrivel in front of Lucinda’s eyes. On the surface, the detective didn’t think it was a fair question to ask Lisa, because it seemed to cast blame on her. She hoped there was more to it.

‘Your honor,’ Mr Culver said, ‘perhaps we should take a quick break to allow Ms Pedigo to compose herself?’

Lisa shook her head. ‘No, please. I’m sorry. I am ready to continue.’

‘Are you certain, Ms Pedigo?’ the judge asked.

‘Yes, your honor.’

‘Do you recall the question, Ms Pedigo, or do you need me to repeat it?’ Culver asked.

‘I can answer. A few months before the trial, my daughter grew ill, very ill, gravely ill. She had a brain tumor, malignant as it turned out. All my focus was on her. All my concern was about her. We lost her . . .’ Lisa said and choked on her words. ‘We lost her but I have no idea if it was during the trial or after the trial. I just don’t know. I was an emotional disaster zone. I wasn’t even aware of the verdict until years later.’

‘Thank you, Ms Pedigo,’ Culver said quietly and sat back down behind the defense table.

‘Your witness, Mr Reed.’

‘We have no questions for the witness, your honor.’

Lucinda sighed out her relief. She had thought Reed would try to tear Lisa apart, too.

‘Do you have any additional witnesses, Mr Culver?’ the judge asked.

‘No sir, your honor.’

‘Mr Reed, do you wish to call any witnesses in opposition to this motion?’

‘Your honor, I would like to approach the bench.’

The judge stared at him, shook his head and said, ‘Granted.’

Culver and Reed whispered with the judge. Culver walked away with a smile on his face and squeezed his client’s hand as he returned to his seat. Reed’s head hung down and he looked as if he was slouching to a fate worse than death.

‘Mr Reed? Did you have something to tell the court?’ the judge asked.

‘Yes, your honor. The state is in accord with the defense motion. We have no objection to Ms Sherman’s immediate release.’

‘The court orders the immediate release of Ms Sherman from the state department of corrections. And also orders that her criminal records be forthwith expunged. And, Mr Reed, if the state does anything to delay the execution of the court’s orders, you will be found in contempt. I want this woman released this afternoon.’

Martha swiveled around in her chair and mouthed, ‘Thank you. Thank you,’ at Lucinda. As she turned her head back, she froze halfway, a look of horror on her face.

Lucinda looked in the direction of her stare and, for the first time, noticed Andrew Sherman’s presence in the courtroom. He pushed his way over and around people in his rush to get out of the courtroom. Reed’s behavior toward her before the judge now made more sense – a very ugly, political sense.

THIRTY-SEVEN

O
utside of the courtroom, Lucinda turned on her cell. She had three voice messages. The first was another call from Dr Burns’ office wanting to know when to schedule her next surgery. The second was from Dr Craig: ‘Lieutenant, I want to thank you for what you did this weekend. Chris Phillips has withdrawn his custody petition and tomorrow’s scheduled CPS interview with Trevor has been cancelled. I am grateful. Trevor is grateful and so are his grandparents. Again, thank you.’

Smiling, Lucinda went to the third message. It was from Beth Ann Coynes in the forensic lab. ‘Just wanted you to know we recovered all three girls’ fingerprints from the locker and the doll. And the DNA profiles are complete. The DNA in the urine matches that of Tyler Pruitt and two other unknown males. And, before you ask, yes, Sergeant Cafferty is aware of these results. Later, lieutenant.’

Turning out to be an excellent day, Lucinda thought, and headed down to roll call for the evening patrol where she was scheduled to address the officers before they hit the streets. She walked through the men and women in blue, exchanging greetings with those who called out to her as she moved to the front of the room.

‘I’m here to draw your attention to one particular stolen vehicle report. A ’98 green Hyundai,’ Lucinda began.

‘A ’98 Hyundai? Shouldn’t the owner be counting his blessings?’ shouted one officer whose remark was rewarded with chuckles all around the room.

‘I know, I know.’ Lucinda raised her hands to settle the mounting hilarity. ‘There’s more to this car than meets the eye.’

‘I thought there was always less with a Hyundai,’ someone joked, spawning another round of laughter and boisterous exchanges.

‘Hey! Hey!’ the patrol supervisor shouted. ‘Straighten up. Listen to the lieutenant. This is not fun and games here. Show a little respect.’

The laughs and talk in the crowd died as quickly as if someone flipped a switch. ‘That’s better,’ he said. ‘Lieutenant, please continue.’

‘We believe this vehicle was stolen by a suspected serial killer, Mack Rogers. As I am sure you’ve heard, we found five bodies in various stages of decomposition in the basement of the house he’d been renting for years. We tracked him down to the home of a childhood friend – he stole that woman’s car and kidnapped her dog.

‘If you locate this vehicle, do not approach. Consider the suspect armed and dangerous. Call in the location and keep your eye on the car. If he moves, follow him. Do not lose him – blow your cover if you have to. I’d rather have him know we’re on to him than to lose track of him again. Any questions?’

‘You got a description of this perp?’

‘Look at your briefing report. He’s on the top of the most wanted list. All the details are there. Anything else?’

She was greeted with silence until the patrol supervisor said, ‘Thank you, lieutenant.’

She nodded and left the room, heading straight for Sergeant Cafferty’s office. It was empty. She roamed through the halls asking others in the property division where he was. She only got shrugs in return so she went to see if Brubaker was on duty.

‘Cafferty’s out making arrests, lieutenant,’ he said.

‘Anybody I know?’

‘Yes indeed: Jessica and Tyler Pruitt, Madison Sinclair and Ashley Dodson. Looks like Charley will be off the hook soon.’

‘Excellent,’ Lucinda said. ‘Thanks, Brubaker.’

In the elevator on the way up to her floor, Lucinda’s cell rang. ‘Pierce.’

‘Lucy, oh, Lucy,’ Charley said, her voice breathless. ‘You have to come over here. You have to come over right now.’

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