Proof Positive (2006) (33 page)

I know they broke into my house and I shot them in self-defense. God knows what they would have done to me if I hadn't gotten the gun. But I feel I don't know I guess ' guilty' is the appropriate word.

That's common in shooting situations, Mr. Cashman, the officer assured him. You know you can get counseling. Most cops who kill someone in the line of duty feel bad about it, even when the dead guy deserves to be shot.

Thanks for your reassurance. Maybe I will look into getting counseling. By the way, how did you manage to get here so fast?

Your neighbor, a Mrs. Studer, had trouble sleeping, too. She looked out her bedroom window and saw the two men jimmying your lock and called 911.

Ah, Mrs. Studer, Bernie said just as the teakettle began to whistle.

I must remember to thank the nosy bitch, he thought to himself.

You' re in deep shit, Bernie, Billie Brewster told Cashman when she walked into his kitchen.

Why do you say that? answered Cashman, who had been sipping his tea while his compatriots from the lab rummaged through his home, dusting for prints, taking pictures, and doing everything he was used to doing in other people's homes.

You got any coffee? Brewster asked. She'd been awakened from a sound sleep and had raced over without stopping for a cup of java at the local 7-Eleven as soon as she learned in whose home the double shooting had occurred.

Cashman pointed at the counter. I put up a pot for the team, he said. It's a Peruvian roast.

They put caffeine in the coffee in Peru?

I never drink decaf, Cashman answered, offended by the question.

Good, because you' re going to have to stay alert. Do you know who you just shot?

No. Cashman drank his tea. It was dark and everything happened very fast. The squad car drove up minutes after I shot them. Since then I' ve mostly been in here.

Brewster walked to the counter where Cashman had thoughtfully set out coffee mugs, sugar, and cream.

What did happen? she asked, taking a sip of strong, black coffee.

I gave a statement to the first officer on the scene.

Humor me.

Of course. Forgive me. I know how these things go. It's just that I' ve never been a victim before.

Brewster worked on her coffee while Cashman told her about the shooting.

I was having trouble sleeping and I heard my alarm go off briefly.

It stopped?

Cashman nodded.

That means they had your alarm code.

I guess they must have.

For some reason, it had not occurred to Cashman that the burglars must have had his alarm code. The idea made him very nervous.

So you heard the whine, Brewster said. Then what happened?

Naturally, I was scared to death. I hid behind my bedroom door. When the door opened I attacked the intruder out of desperation. I must have startled him because he staggered backward onto the second-floor landing. He was holding a gun, and it flew out of his hands while he was going backward. I grabbed it and shot him. There was another man and I shot him, too.

Brewster nodded. You say the guy on the landing was holding the gun, then he dropped it and you picked it up and shot him with it?

Yes.

Did you know that he had another gun in his jacket?

A second gun?

Yes.

No, I didn't know that.

Sort of strange to be packing two guns?

Cashman shrugged. I don't think that's so strange. He's an armed burglar. He's obviously into guns. You still haven't answered my question. Why did you say I was ' in deep shit' when you entered the kitchen?

You' ve pissed off some very serious people, Bernie. The guy at the top of the stairs is Charlie LaRosa, one of Martin Breach's enforcers.

Cashman blanched.

You should have thought twice before framing anyone in Breach's organization, let alone Art Prochaska, Breach's only friend in his sick and corrupt world.

I didn't

Brewster held up her hand. What you did in court is for the DA. I don't want to discuss that case. But it looks like Martin Breach isn't waiting for the courts to decide this one.

Can you arrest him?

Not unless he confesses or we find written instructions in LaRosa's pocket from Breach ordering him to kill you.

You' ve got to protect me.

You know we don't have witness protection. That's the feds. And anyway, you' re not a witness. You' re a defendant.

There must be something you can do. You can't stand by and let Breach murder me.

I don't have a single piece of evidence that implicates Martin Breach in this burglary. For all I know, LaRosa and Prochaska were tight and LaRosa decided to kill you on his own.

We both know what happened here.

No, we don' t.

How am I going to protect myself?

I can't answer that, but you can't leave the jurisdiction. That's a condition of your bail.

Cashman's self-confidence had deserted him. He was terrified. Breach would be furious when he learned that Cashman had killed two of his men in addition to framing his best friend. If he stayed in Oregon, it was only a matter of time before Breach got him.

Brewster stood up and stretched. Then she drained her mug.

Thanks for the coffee, Bernie. I' ve got to get back to work. One piece of advice, though. If I were you I'd work out a deal with Mike where I got protection for coming clean. That might be your best, and only, hope for staying alive.

Chapter
48.

MIKE GREENE SAW FEAR IN BERNARD CASHMAN's EYES WHEN he followed his lawyer into the conference room at the district attorney's office. Steve Hooper and Billie Brewster flanked Mike, but instead of looking grim, as they had looked at the first meeting, they seemed relaxed and confident.

You know what happened at Mr. Cashman's house two nights ago? Alec DeHaan asked as soon as he and his client were seated.

I' ve read all the reports, and Billie briefed me, Mike answered.

What are you doing about Martin Breach? DeHaan demanded.

Mike shrugged. There's nothing we can do. We can't question the burglars, because they' re dead; and no one has come up with a shred of evidence connecting Breach to the crime.

You know Breach sent those men, DeHaan insisted.

I don't know any such thing, Alec.

DeHaan looked upset. Mr. Cashman and I have been talking. We feel that his life is in danger. He might be willing to discuss a deal along the lines you suggested, if it included protection from Martin Breach.

Mike didn't respond at once. Instead, he stared at Cashman until Cashman looked away.

My office is no longer interested in the deal I proposed, Alec. We' re way beyond deals at this point.

Mike pushed a document across the table. While DeHaan was reading it, Mike turned to the criminalist.

Mr. Cashman, this morning the grand jury indicted you for the murder of Doug Weaver.

What? Cashman exclaimed.

Don't say a word, Bernie, DeHaan cautioned his client. Then he asked Mike, What's going on here?

The prosecutor addressed his answer to Cashman. We' ve got you, Bernie. You finally screwed up.

Don't say a word, DeHaan repeated.

He doesn't have to, Alec. I'll lay it out for both of you. We ran a ballistics check on the gun Bernie used to shoot Charlie LaRosa and Theodore Balski. It's the same gun he used to murder Doug Weaver.

That's not Mr. Cashman's gun, DeHaan said. If you really read the police reports, you'd know that the gun belonged to Charlie LaRosa. LaRosa dropped it when my client fought with him.

We don't believe your client's story. LaRosa had another gun on him, and only your client's fingerprints were on the .38.

LaRosa is an ex-con, a dangerous criminal, DeHaan said. Are you shocked that someone like that would bring two guns with him when he's committing armed robbery?

What about the fingerprints?

LaRosa and Balski were both wearing gloves. That's why LaRosa's prints aren't on the gun. My client held the weapon when he shot LaRosa. That's why his fingerprints are all over the .38.

Mike waited a beat. Then he smiled. I don't mean the fingerprints on the gun. Your client did a great job explaining why his are on the .38 and LaRosa's aren' t.

Then what are you talking about? DeHaan demanded.

According to Mr. Cashman, Charlie LaRosa was holding the .38 when he walked into Mr. Cashman's bedroom. Mr. Cashman says that he surprised LaRosa, who dropped the gun when he staggered backward onto the second-floor landing.

Where is this going? DeHaan said.

Bear with me. As your client told it, the gun is on the floor, he picks it up, shoots LaRosa, shoots Balski, the cops come seconds later, he drops the weapon on the floor near the door, tells the officers what he did with the gun, they come in the house and take custody of the weapon. Is that about right?

That's what's in the reports.

Then your client has a problem. His fingerprints are on the cartridge casings of the bullets that were left in the gun, and there's no way that could have happened unless he loaded the weapon, which according to his own statements he did not do.

DeHaan's mouth opened, then closed again. Mike shifted his gaze to Cashman, who was pale and wide-eyed. Steve Hooper stood up, and Billie Brewster followed him around the table.

Mr. Cashman, you are under arrest for the murder of Douglas Weaver, Hooper said. I am now going to give you your Miranda rights. If you don't understand any of these rights, please tell me and I will repeat them for you.

Cashman looked shell-shocked as Hooper read him his rights from a laminated card to be certain of not making a mistake. Then Cashman was cuffed and led away.

I'll be up to talk to you at the jail, DeHaan said. Don't discuss your case with anyone.

DeHaan's shoulders slumped as soon as the door closed.

You really think he murdered Weaver? the lawyer asked.

I think he killed Weaver and Mary Clark, and I think he attacked Paul Baylor and stole the hammer from the Hayes case. And I'll indict him for the murder of Raymond Hayes if we ever find the hammer. Now that would make an interesting legal issue for the Supreme Court. Is it murder to lie about evidence in a capital case that leads to the execution of an innocent man? I'd sure like to argue that one, but I'll settle for putting Bernie on death row for Weaver's murder.

Suddenly, DeHaan looked exhausted.

He does have a way to escape the death penalty, Alec. We' re certain that Hayes isn't the only person Bernie framed. If he'll plead to aggravated murder with no parole and tell us of all the cases he fixed, I'll try to convince Jack not to pursue the death penalty. Get back to me soon. This may be Bernie's only chance to live.

Do you think he'll take the deal? Amanda asked Mike Greene over dinner at her apartment that evening.

I don't know. Cashman is a strange duck. I'd have to have a PhD in psychology to have any chance of figuring out what makes him tick.

I hope he does, so you can find out who else he's framed. It makes me sick to think that there are innocent men rotting in prison.

We may not need a deal to figure out what cases were made with tainted evidence. We found a scrapbook when we executed the search warrant in Cashman's house. It has clippings of some of Cashman's cases. Guzman is checking what Cashman did in every case in the book. If we' re lucky we'll catch the cases where he framed the defendants.

That would be terrific.

Amanda and Mike ate in silence for a few moments. Then Amanda had a thought.

You know, it's sort of poetic justice, the way you caught Bernie.

What do you mean?

It was the gun he used to kill Doug that did him in. Doug avenged Raymond Hayes. He's really the one who nailed Bernie. It's just sad that he had to die to do it.

I'm sad about everything to do with this mess. Mary Clark was a very nice person, and Raymond Hayes dying And think about the damage to the system. How will jurors believe the next forensic scientist who gives testimony? You have one rotten apple like Cashman and everything can fall apart.

The system has survived worse than this. Cheer up. The vast majority of criminalists are honest, decent people. There might be some initial damage but everything will get back to normal eventually.

You' re probably right, Mike said, but Amanda wasn't certain he really believed that.

You' re much too morose this evening. Think about Jacob Cohen. He'll be out of jail tomorrow.

I guess that's one good result, Mike answered grudgingly.

Think about the fact that you get to grouse about the case to me over a nice dinner.

Mike smiled.

You can also focus on what's going to happen after this nice dinner, Amanda said. Then she batted her eyes at her dinner companion and ran her tongue slowly and lasciviously across her lips.

Oh, no, Mike moaned. You don't expect me to have sex with you?

Perish the thought.

Okay, then. I just wanted to make sure that you weren't trying to hustle me into bed.

Not a chance. I was thinking more of the rug in front of my fireplace.

Chapter
49.

HANNAH GRAVES AND MIKE GREENE WALKED OUT OF JUDGE Belmont's chambers and sat at the counsel table closest to the jury box. Graves looked angry. Amanda Jaffe followed the prosecutors into the courtroom. She spotted Rabbi Cohen and his wife, Valerie, sitting with the other spectators and flashed a brief smile at them before sitting next to Jacob.

Shortly after the lawyers were seated, Judge Belmont took the bench, and his bailiff called Jacob's case.

For the record, Judge Belmont said, I have just met in chambers with District Attorneys Hannah Graves and Michael Greene, representatives of the state of Oregon; and Amanda Jaffe, representing defendant, Jacob Cohen. Mr. Cohen is charged with several crimes, the most serious being murder.

It is my understanding from our discussion in chambers that the state wishes to dismiss the charges against the defendant in the interests of justice. Is that correct?

Hannah Graves was furious at having to dismiss against Cohen, who she still stubbornly believed was guilty, and Mike had volunteered to speak for the district attorney's office.

That is correct, Your Honor. As you are well aware, there have been several developments concerning the evidence in this matter and the state feels that it cannot proceed against Mr. Cohen given the current posture of the case.

In chambers, Mike had told Judge Belmont about the problem with the pubic hairs and the government's suspicion that Bernard Cashman had murdered Mary Clark to keep her from talking to Carlos Guzman about the hammer in the Raymond Hayes case. All parties had agreed that this information should not be put on the record because of the ongoing investigation into all of Cashman's cases.

Very well, the judge said. I will dismiss all of the charges against Mr. Cohen. He will be released from jail as soon as he's processed out. If there is nothing further, court will be adjourned.

As soon as the judge was off the bench, Hannah Graves walked out of the courtroom without saying a word. Mike smiled at Amanda and followed Graves into the hall. He knew that Amanda would have to talk with her client and his parents. He would be seeing her that evening, anyway.

Amanda had told Jacob that his case was going to be dismissed that morning. He had been suspicious and confused by the rapid turn of events, and Amanda had the feeling that he would not believe he was free until he was back on the street.

It's all over, Jacob, Amanda assured him. No one thinks you killed Mary Clark anymore.

She does, Jacob said, nodding in the direction that the departing prosecutor had taken.

Amanda smiled. That's true, but Hannah is the only one. Jack Stamm, the head DA, authorized the dismissal himself, so you don't have to worry about being charged again.

Rabbi Cohen and his wife walked over to Amanda and their son. Jacob looked down at the floor, but he didn't do anything else to reject his parents.

We can't tell you how grateful we are, Solomon said as he shook Amanda's hand.

You saved our son, Valerie added.

Actually, Doug Weaver saved Jacob. He figured out that Cashman lied about the print on the hammer when we were all stumped and I'm guessing that he gave up his life rather than tell Cashman that he'd left me a message, because Cashman never came after me. Doug was a very brave man.

The rabbi nodded, and his wife looked sad. There's been so much tragedy because of that man.

Well, Amanda said, it's over now.

Then she turned to Jacob. Have you given any thought to what we talked about? Amanda asked. He had been taking medication and had been greatly improved the last two times Amanda had met with him.

Jacob nodded. I'll go to the hospital, he said quietly, still not looking at his parents.