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Authors: Phillip Margolin

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BOOK: The Burning Man
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Ridgely flushed with anger. "Why wasn't I informed?

I was supposed to be notified if there was a break in the case."

"We weren't certain we had the right man until early this morning. Dennis Downes and I decided against waking you at 4 A.M."

Ridgely's anger disappeared as quickly as it had come.

Catching Whiley's killer was the important thing.

"Who is it?"

"Gary Harmon."

"Not Jesse and Alice's boy?"

Becky nodded. Ridgely walked slowly to his chair and sat down. He felt sick.

"I've known Gary since he was born. I was at Donnals wedding, yesterday."

"I know. It's terrible. But there's no doubt he did it."

"What's your evidence?"

Becky started with the peeping incident and explained about the pornography discovered in the search of Gary's home. Then she moved to the attack on Karen Nix and Gary's threat to kill her.

"Nix and Whiley look alike. We think Nix was the intended victim and Harmon attacked Whiley by mistake. It's obvious from the peeping incident, the porno and the way he handled his rejection by Nix that Harmon is weird where women are concerned."

"Do you know anything about Gary?" Ridgely asked.

"I watched part of the interrogation."

"He's mildly retarded. He's like a kid."

"And children have poor impulse control. Besides, we have what amounts to a confession. At first, Harmon claimed he didn't know anything about the murder.

Then, he admitted seeing the killer fighting with Whiley at the entrance to Wishing Well Park. The more he talked, the more detail he gave."

"Did he ever admit he killed Whiley?"

"No, but he didn't deny doing it."

"What did he say?"

"He started by claiming he was too drunk to remember anything, but he ended up giving Dennis details about the murder that only the killer would know."

"Such as?"

"He knew the location of the blows that killed Whiley and he said the murder weapon was a hatchet."

"What?!"

"A pretty odd choice for a murder weapon, right?

And, coincidentally, the weapon used to kill those other two women."

Ridgely looked stunned. "Did you question Gary about the other murders?"

"No. We wanted to concentrate on Whiley. We were afraid we'd spook him if we started asking about other crimes. But the hatchet did it for me. Dennis says we've been keeping the type of weapon used on the other women a secret as a check against false confessions."

Ridgely swiveled his chair. Morning fog was twisting through the low brown hills across the river. Becky waited expectantly while her boss digested what she had just told him. When he swiveled back, Ridgely looked exhausted.

"Jesse and Alice love that boy. They've sacrificed so much for him." He shook his head. "There are times when I hate this job."

Steve Mancini's office was in a square, earth-brown, single-story building on the outskirts of city center, five blocks from the courthouse. On one side of the building was Pearl Street. On the opposite side, a narrow parking area formed a buffer between the building and a Mexican restaurant.

In the back was more parking and a high wooden fence that separated the lot from a residential area of run-down homes. LAW OFFICES OF STEPHEN L. MANCINI was affixed to the building beside the front door in black block letters. Smaller lettering below Mancini's name listed two other sole practitioners who rented from him.

Steve's office was at the rear of the building next to the back door. It was furnished with cheap wood paneling, a large, imitation Persian rug and a battleship-size desk. A month ago, Peter would have thought the office pretentious, but serving time in Amos Geary's rat-trap offices had dulled his senses.

"Did you talk to Gary?" Mancini asked as soon as Peter was seated. Both men looked exhausted from lack of sleep.

"I saw him this morning, right after you called."

"How's he holding up?"

"Not too well. The poor kid kept asking for you."

"I'll see him this afternoon."

"Uh, just how slow is Gary?"

"He's retarded, but he got through high school and he can work. Why?"

"It looks like Dennis Downes played some games with his head."

"What do you mean?"

"Downes conned Gary into talking about the case by convincing him he's a detective. He has Gary believing he has supernatural powers and can read minds or some such nonsense."

Mancini looked puzzled i "I know Dennis. He's a good guy. I can't see him taking advantage of Gary like that."

"I don't care how nice Downes has been in the past.

This supernatural mind thing sounds like a trick you'd use to take advantage of someone who's not too bright.

You better check it out."

Mancini looked uncomfortable. He picked up a pencil and tapped it on his desk.

"I've got a problem, Pete. I had a lot of time to think on the drive back.

There's no way I can be lead counsel in this case. Ridgely might go for the death penalty.

Think of what it would do to my marriage if I lost.

Donna loves that kid. She'd never forgive me."

"I see what you mean. You're going to have to bring in someone from Portland to handle a case like this.

Maybe Michael Palmer or Ann Girard?"

Mancini shook his head. "Whitaker juries won't take to an outsider. I've seen what happens when one of those slick big-city types rolls into town. Ridgely eats them for dinner. No, Pete, I was thinking of you."

"Me?" Peter laughed uneasily. "You've got to be kidding. I've lived in Whitaker for barely two months. I'm as much of an outsider as any other Portland lawyer.

And I've already explained how little criminal law experience I have."

Mancini looked Peter in the eye.

"You don't have to take this case, but you'll regret it, if you don't. I'm giving you a once in a lifetime opportunity. If you win Gary's case, you'll be the most famous lawyer in the eastern part of the state. You are going to be the 'go to' guy for every farmer and ranch hand who's injured between Whitaker and the California border. I don't have to tell you how much money Ron Siss ler, Dave Macafee and Ernie Petersen make defending claims for the insurance companies. Pete, there's a lawyer on the other side of every claim they defend. That lawyer could be you."

"That would be great, Steve. But I'd only be famous if I won. A murder case is out of my league."

"Don't be ridiculous. It's not as complex as some of the stuff you handled at Hale, Greaves. Besides, I'll help you. I've got plenty of experience with criminal cases."

Mancini had Peter thinking. He had second-chaired several major cases with his father and he had tried a number of smaller matters that were much tougher than any criminal case.

"Don't tell me you can't use the money?" Mancini said.

"Well, sure, but ... What kind of money are we talking about?"

"You'd have to ask for at least a hundred grand.

What with expert witnesses, investigation."

"Do the Harnions have that kind of dough?"

"Jesse Harmon is worth a lot and he doesn't spend a nickel he doesn't have to, but he'd clean out his savings for Gary."

"What about Amos?" Peter asked, suddenly remembering his boss. "He'd never let me defend Gary. We're up to our eyeballs in court-appointed stuff.

If I was representing Gary, I wouldn't have time to do any other work."

Mancini leaned back in his chair and held the pencil in both hands. Then, he said, "Fuck Amos Geary."

"What?

"Fuck him. For Christ's sake, Pete, he's an old, washed-up drunk. I can't believe a guy like you is saddled with that run-down sot."

Mancini leaned forward. He pointed the pencil at Peter.

"Have you seen what passes for the bar in this burg?

We're bigger than that, Pete. When Mountain View gets oing I'll be a millionaire, but I'm also going to have to spend a lot of time with the project. I could use a partner right now, but there hasn't been a lawyer in the three counties I'd let near one of my files, until you came along.

"Think about it, Pete. You and me and all of those clients who'll want to be represented by the man who won the Wishing Well case. What does Amos pay you?

I bet it's not one hundred thousand a year. And that's just one case."

Peter's heart was beating fast. Amos Geary was in Cayuse County trying a robbery case. He'd be there all week. What would he say if he came back and found out that Peter was Gary's attorney? What could he say?

With Peter on the case for a week, it would be a fait accompli. Geary would have to accept the fact that Peter was representing Gary Harmon.

"It sounds tempting," Peter said, " ut I really should think about this."

"Pete, I hate to pressure you, but the Harnions are here, now."

"What?"

"They're in the conference room waiting to meet you: "They are?"

"I've been building you up as the only guy in Whitaker who is qualified to represent Gary. They're ready to hire you."

"I don't know..

"Jesse wants his boy represented right away. If you don't hop on this, he's going to see it as a sign that you don't think you're big enough to handle the case.

"And I need you to be Gary's lawyer. He's my brother-in-law. The poor kid needs my help. If you're lead counsel, I can work with you. We'll make a great team."

For a nanosecond, it occurred to Peter that Gary Harmon could die if he screwed up the case, but he banished this pang of conscience from his thoughts. With Steve as his partner, Gary would have a great defense.

Peter imagined himself as the most famous attorney in eastern Oregon, rolling in money and picking and choosing from the supplicants who would beg him to take their cases. He conjured an image of his father staring, openmouthed, at a headline in The Oregonian that read:

PETER HALE WINS ACQUITTAL IN BIGGEST DEATH CASE IN EASTERN OREGON HISTORY Peter had no intention of spending his life trying traffic cases for peanuts. Steve Mancini had confidence in Peter's abilities and he was handing Peter the chance of a lifetime.

"Let's do it!" Peter said.

Mancini grinned at him. "That was the smartest decision you ever made. Let's meet your new clients."

Mancini led Peter down the hall to the conference room. Jesse Harmon was pacing the floor when Steve opened the door. Harmon's fifty-nine years showed in his thatch of white hair and the lines on his tanned, weather-beaten face. He was barrel-chested and broad shouldered from years of farrnwork. Donna was sitting next to Alice Harmon, a tall, rawboned woman with more gray than brown in her hair.

"I've got good news," Mancini said enthusiastically, as soon as the introductions were made. "Pete's going to take the case."

Jesse and Alice Harmon's faces showed none of Steve Mancini's excitement. They were drawn with worry.

"Steve tells us you've got lots of experience in these cases," Jesse Harmon said, getting down to business immediately.

Before Peter could think up an answer that would satisfy Harmon and not be a lie, Mancini said, "Pete's spent the last four years with the most prestigious firm in Portland working with its top litigator, who just happens to be his father. You might say that Pete's got highlevel litigation in his genes."

"Did that firm handle criminal cases?" Jesse asked, ignoring Steve's attempt to skirt the issue of Peter's experience.

"Jesse," Mancini interjected, his expression turning somber, "there is something that Peter and I know about Gary that we've kept from you, Alice and Donna. Something that bears very strongly on the suitability of Peter to represent Gary." Donna and Alice cast worried glances at each other and Jesse's features hardened. "A few weeks ago, Gary was arrested when he was caught peeping in a window at the girls' dormitory while a young woman was undressing."

Alice's hand flew to her mouth and Donna said, "Oh, my God."

"Pete just happened to be walking across campus when this happened. He calmed down campus security, accompanied Gary to the police station and convinced the police that Gary should not be charged. Then ' he came to me. I squared things with the college so Gary could keep his job.

"Jesse, not only is Pete a top-flight lawyer, but Gary trusts him. In a case like this, trust between a lawyer and his client is essential."

Peter was concerned that Jesse Harmon would become suspicious if Steve kept speaking up for him. He decided it was time for him to say something. Peter knew almost nothing about the state's case, so he had no idea whether Gary was guilty or innocent, but he had a very good idea of what Jesse and Alice wanted to hear.

"Mr. and Mrs. Harmon," he said with as much sincerity as he could muster, "I know how concerned you are about Gary, so I want you to know why I am willing to undertake Gary's defense. I am convinced that the I police knew about Gary's mental handicap and took advantage of it to trick him into confessing to something I is he never did. What the police have done to Gary i wrong and I intend to do something about it."

Jesse Harmon's features softened and -a tear trickled down Alice Harmon's cheek.

"We appreciate what you did for our boy," Jesse said, and we would be grateful if you would help him out now."

 

Chapter TWELVE.

Peter had not expected to see Becky O'Shay sitting next to Earl Ridgely's desk when the receptionist showed him and Steve Mancini into the district attorney's office. He started to smile, but caught himself. He remembered how reluctant Becky had been to go out with him because of their adversarial position and decided she might not appreciate an outward show of affection in front of her boss.

"How are Jesse and Alice holding up?" Ridgely asked Mancini when everyone was seated.

"As well as can be expected."

"They're awfully good people. I'm sorry they have to 90 through this ordeal."

"It would be a lot easier on them if you'd agree to let Gary out on bail."

"I can't do that."

"Earl, you've known Gary his whole life. Do you think he murdered that girl?"

"Look, I feel terrible about the arrest. You know how much I respect Jesse and Alice. But the evidence is very strong. We're still investigating, of course, but we have a taped confession .. ."

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