Judgment Calls (2 page)

“What charge did you use to hang on to the case, attempted murder?” I asked.

Walker nodded. “Yeah, we decided we had enough. Actually, it’s an attempted agg, since the girl’s under fourteen.”

Intentionally killing a person under fourteen is aggravated murder, which can carry a death sentence. Luckily, Kendra Martin didn’t die, so the defendants would at most be charged with Attempted Aggravated Murder.

“So what did you do after you decided to keep the case?” I asked.

Johnson answered. “We go in to talk to her, and I’m telling you the girl was a real piece of work, cussing us out, calling us every name in the book. Accusing us of keeping her there against her will when there was nothing wrong with her so SCF would make her go home.” Runaways were notoriously distrustful of the state’s Services for Children and Families department.

“She wasn’t making a lot of sense, so we had to explain to her that we were there to investigate her statement to the doctor. That calmed her down a little. Still pretty bitchy, though.” Johnson caught himself and looked over at Garcia for a read on his choice of words. I assured him his candor was fine and asked him to continue as I pulled a legal pad from my briefcase.

“Anyway, the vie initially said she was walking in Old Town around ten on Saturday night, on her way to Powell’s Books, when Suspect One comes up from behind and pushes her into the backseat of what she called a” he looked down at his notebook ” ‘some big, seventies, four-door, loser shit box.” Said it was a dark color. Suspect One gets in back with her while Suspect Two drives to a parking lot somewhere in southeast Portland.

“She says Suspect One acted like the one in charge. He starts getting real rough with her in the backseat, saying a lot of dirty stuff and pulling her clothes off. Thing is, right when she thinks he’s about to rape her, she realizes there’s nothing there. The guy can’t get it up. So he just goes off and starts beating the shit out of her, then penetrates her vaginally and an ally with a foreign object, she can’t tell what. The doctors say it was probably some kind of stick they found splinters. Anyway, they left the parking lot and got onto 1-84 going east. She remembers passing signs to the airport. After they stopped we’re guessing they were out by Multnomah Falls at this point Suspect One tells Suspect Two to take a turn at her. She thinks he penetrated her vaginally and remembers Suspect One telling him to finish off in her mouth. Her memory of what happened toward the end was pretty hazy. She also thinks they must’ve taken her purse, because she had it with her when they pulled her in the car.”

I felt sick. It’s bad enough that people like these men walk on the same planet as the rest of us. The fact that they manage to find one another and work together is utterly terrifying.

“Could she describe the suspects?”

Ray Johnson nodded. “Nothing helpful, just that she’d know them if she saw them again. We figure it’s a long shot but go ahead and pull some mug shots off X-Imaging of guys on supervision for child sods and stranger-to-stranger rapes.”

One of PPB’s newest toys, X-Imaging is a computerized data system that stores all booking photos taken in the state.

By using the computer to select booking photos corresponding to certain MOs, an officer is more likely to get a successful identification from a witness than by dumping several hundred booking photos in front of her. I could tell from Johnson’s voice that in this case, the strategy had hit pay dirt.

“She’s flipping through the printouts and hones right in on one guy, Frank Derringer. I swear, it was one of the best mug-shot IDs I’ve ever seen. I mean, you’ve seen how it goes; with that many pictures, most wits start to get confused. This girl is just flipping through ‘em left and right and then barn! she nails it. One hundred percent certain. “That’s him,” she said. Pointed right at Derringer’s mug.”

Johnson was getting excited now. “We get even more worked up when we see that Derringer’s the guy we pulled who was just paroled last summer on an attempted sod of a fifteen-year-old girl. Unfortunately for Derringer, this girl had just started a kick boxing class. As he was pushing her down, she popped up and landed a roundhouse kick straight to his Adam’s apple and got away. He only served a year because it was an attempt, but it shows the guy’s got it in him.

“We called O’Donnell at that point and told him what we had. He gives us the OK to pick up Derringer. We picked him up last night around seven. His parole officer, Dave Renshaw, went out there with us. The plan was to arrest Derringer on a parole violation for having unsupervised contact with a minor child, then write paper to search the apartment.”

I interrupted. “Does Derringer have any cars registered to him?”

Johnson nodded. “That would’ve been too easy. We ran him. Only car registered to him is an ‘eighty-two Ford Escort.

It was his associated vehicle until a couple years ago, probably when he went to the pen. Since then, it comes up as associated with one of Derringer’s pals. Guy’s gotten three DUIs in two years in that same car.”

“You know how these guys are,” Walker said. “They sell their pieces of junk to each other and never bother notifying DMV.”

“So, is that all you had when you went out to the house? The victim’s

ID?”

Walker appeared to share my frustration. “Yeah, that’s about it, but I don’t know what more we could’ve gotten before we went out. They did a rape kit at the hospital, but, according to the victim’s version, there’s probably no semen to get a sample from. Derringer never did her. Even if the other guy left behind some pre-ejaculatory liquid or they get something from the oral swab, it can take about a week for a PCR analysis.”

“What about blood?” If the victim drew any blood fighting, the hospital could identify the blood type in a matter of minutes.

Johnson shook his head. “Nah. The vie was too doped up to put up a fight, so she didn’t have any evidence under her fingernails or draw any blood from them. We did have a couple things to corroborate her story. As luck would have it, Calabrese found the victim’s purse in a trash can by the road about a half mile from where they dropped her. He and Forbes were thinking the bad guys maybe dumped the stick on the way out. Good thinking, but no luck. But finding the purse showed that Martin was remembering at least some details accurately.”

My face must have revealed my skepticism. “I don’t want to sound like I’ve made up my mind, but that’s pretty weak corroboration, Detective. It just shows Kendra was robbed; it doesn’t say anything about who did this to her. Were there any prints on the purse?”

“We don’t know yet. We’ve got it down at the lab being looked at with the rest of the girl’s clothes.”

“OK, so what you guys are telling me is that, at least so far, this case turns entirely on Kendra Martin’s identification of Derringer. Do we all agree on that?”

They all nodded.

“So when you went out to Derringer’s apartment with his PO, did this case manage to get any better?”

The second the words came out, I regretted them. Seasoned cops like Jack Walker and Raymond Johnson no doubt were well aware of the differences between their approach and a district attorney’s. Cops just need to make the arrest. The DA is the one who has to prove the case to a jury beyond a reasonable doubt afterward, who has to deal with a defense attorney gnawing at every argument and challenging every piece of evidence. Trying a weak case can feel like getting poked in the eye for two weeks.

Cops learn to live with the difference in perspective. But they don’t like being talked down to. And I was pretty sure I had done just that.

“No confession, if that’s what you’re looking for. Damn it, Garcia, I thought you said this girl was willing to try a close case. We’re not even done giving her the facts, and she’s already shutting us down.” Jack Walker was clearly pissed off.

I chalked up the “girl” comment to generational differences and swallowed my pride. No use alienating these guys over a careless comment, even one that irritated the hell out of me.

“Detective, I’m sorry if my tone suggested that I was criticizing your investigation, but to be honest I’m a little frustrated by what I am beginning to perceive as an attempt to portray the evidence as stronger than it really is. Look, if the case is a real dog, I’ll figure that out, whether or not you lead it to me barking. If it’s a gimme, I’ll notice that too. But I want to decide on my own. With that said, I apologize for my smart-ass comment. I should have said exactly what I was thinking, and now I have. I hope you haven’t made up your mind about me, just as I haven’t formed a final decision about your case.”

The table was quiet as Garcia and Johnson waited to see if I had managed to make things worse. Then Jack Walker shook his head and smiled. “Well, that was definitely direct. And you’re right. I guess we were kind of hyping the case up a little.” He glanced over at Johnson, not so much with a look of blame as like a child who peeks over at his partner-in-mischief when he realizes the teacher has figured them out but good.

Walker then looked directly at me, and I could tell we’d entered a spin-free zone. “Look, the truth is, the biggest thing we’ve got right now is the girl’s ID of Derringer. Derringer denied everything. He says he was over at his brother’s watching a basketball game and then stayed for Saturday Night Live and some beers. The brother’s name is Derrick Derringer, if you can believe it. Anyway, so far Derrick’s corroborating his brother, but he’s got three felony convictions, so there you go.”

“So did you arrest Derringer at his house?” I asked.

Walker shook his head. “Not us. Renshaw hooked Derringer up on a parole violation based on Kendra’s ID and took him down to the Justice Center for booking. We figured the parole detainer would at least hold him overnight, when O’Donnell could decide what charges to file.” “And what did O’Donnell make of all this?” Detective Walker slumped back in his chair, the excitement draining from his face. “That’s where this whole thing fell apart on us. After we had Derringer hooked up, we went back to central to meet Chuck and Mike. They had finished processing the scene and were working on the warrant. Just as we’re finishing up, O’Donnell shows up in a fucking suit to review the warrant. He’s reading it, just nodding the whole time, not saying squat. Then he says, “What about this girl?” So Ray and I explain how she started out like a pill but then was a complete ten on the ID. O’Donnell didn’t like it; said the case rested entirely on the girl. Then he asks whether we’ve run her.”

“You’d finished the warrant and still hadn’t run her?” Walker pursed his lips and shook his head. “I know, we fucked up. We’d been up all night, running around. We assumed she was straight up when she picked a sick fuck like Derringer. We forgot about running her. It was a rookie mistake.”

Johnson continued with the bad news. When they ran the victim, they found a few runaway reports and an arrest for loitering to solicit. Worse, the cop who made the loitering pop found a syringe in the girl’s purse with heroin residue on it. Furious that the detectives had miscalculated their victim, O’Donnell had tried to bully her into coming clean, but his tough approach only made her dig her heels in deeper.

Walker had to smooth things over with her, and she eventually admitted to a nine-month heroin habit that she worked the streets to support.

“So it’s basically a trick gone bad?” I asked.

“No,” Walker said. “At least we don’t think so. She admits she was walking Old Town, looking for a trick. She’d just finished one up and had scored some horse on the street. She figured she’d keep working while she was high. Anyway, these two guys pull up and offer her fifty bucks if they can high-five her.”

“OK, I’ve been working vice a few years now, but I still don’t know what a high five is.”

I knew it had to be bad when Walker and Johnson looked to Garcia for help and raised their eyebrows. Garcia averted his eyes while he told me. “It’s when a girl gets on all fours and one guy does her from behind while she blows the other one.” I was about to ask why the hell it was called a high five until I got a mental image of two naked guys on their knees giving each other a high five.

I rolled my eyes in disgust. “So they ask her to work for both of them, basically, and she goes with them?”

Walker eagerly accepted the invitation to change the subject. “Not according to her. She says she told them to meet her in the parking lot of the motel at Third and Alder. She rents a room there when she works. She assumes they’ve got a deal and starts walking to the hotel. That’s when Derringer pulls her into the backseat.

“The rest of it happened pretty much like she said originally. When the car was stopped and Derringer was undoing his pants, she tried getting out but the guy in front pushed her back in. They told her she wasn’t going anywhere and she may as well shoot up what was left in her purse, so she did. Thing is, she says it never dawned on her they were gonna kill her until Derringer started to choke her out. But, my thinking is, she knew it at some level when they pulled her back into the car. She was just trying to get it over with. She said she injected so much horse, the assault didn’t hurt that bad, and this guy really worked her over.”

Ray Johnson shook his head. “Man, you should’ve seen O’Donnell. I don’t know if you guys are tight, but he can be one tight-sphinctered prick. He got all moralistic and lectured the entire team about our obligation to be ‘cautious wielding the stern hand of the law.” ” Johnson’s nerdy white guy impersonation pretty much nailed Tim O’Donnell.

“Anyway, it was bullshit,” he continued. “O’Donnell had us clean up the warrant to include the new information and then signed off on it, saying he was gonna kick it out of major crimes territory if we didn’t find anything that changed his mind. We found some porn, but nothing damning. So, he’s planning on filing it today as an Assault Three and assigning it to precinct detectives for general follow-up before grand jury.”

I couldn’t believe it. All you had to prove for assault in the third degree was that two or more defendants acted together to injure another person. It didn’t begin to portray the savage acts that had been committed against Kendra Martin.