The Burning Man (37 page)

Gary Harmon looked desperate when the guards led him into judge Kuffel's courtroom. He was twitching from nerves and had not slept.

"Please get me out of 'all, Pete," he begged as soon as he was seated between Peter and Amos Geary, "I'm scared there. I just want to go home."

"Wellyou might be doing just that, Gary. So, try to calm down."

While Peter was talking to Gary, judge Kuffel emerged from chambers carrying the motion for a new trial that Peter had hastily prepared after the meeting in judge Staley's chambers. He looked perplexed.

"You're joining in this motion, Mr. Ridgely?" the judge asked to make sure he understood correctly what he had just read.

"Yes, Your Honor. In light of certain matters that have come to my attention, I believe that the interests of justice require the court to set aside the guilty verdict against Mr. Harmon."

The judge still looked puzzled. He wondered where Becky O'Shay was and why Amos Geary was sitting with Peter Hale.

"What's the basis for this motion, Mr. Hale?" judge Kuffel asked.

"I think my first witness will clear up your confusion, Your Honor."

"Very well, call the witness."

"Mr. Harmon calls Kevin Booth."

Yesterday afternoon, after the meeting in judge Staley's chambers, Earl Ridgely, Peter Hale, Amos Geary and a detective from the Oregon State Police had interviewed Booth at the hospital. Booth was brought into court in a wheelchair and allowed to testify from it. He was wearing a hospital gown and a bathrobe.

"Mr. Booth," Peter said, after the witness was sworn, you have already testified in the case of State v. Harmon, have you not?"

"Yes.

"Was the testimony that you gave in Portland truthful testimony?"

"One second here, Mr. Hale," judge Kuffel said.

"You're asking this man if he committed perjury. If he says he lied, he's admitting to a crime."

"That's true, Your. Honor. But Mr. Booth is also testifying under a grant of immunity from prosecution for any false testimony given in Mr. Harmon's case, a promise that he will not be prosecuted for his part in the incident at Whitaker State College and a promise from state and federal authorities that he will not be prosecuted for his part in the crime that led to his arrest at his home."

Peter did not tell the judge that the cooperation from the feds had been obtained when Earl Ridgely threat- T ened to go public with what he knew about the rigged preliminary hearing and the undercover operation against the Colombian cartel.

"Very well. Proceed."

"Mr. Booth, I repeat, did you testify truthfully in this case?"

"When you said that Gary Harmon discussed his case with you at the Whitaker jail, was that true?"

"Yes."

"Did.Mr. Harmon ever tell you that he murdered Sandra Whitey?"

"No. He said he didn't do it."

"Why did you lie about what Mr. Harmon told you?"

"I was scared I'd go to prison on my federal drug charge, so I had to make a deal. It was my only way out."

"The prosecutor in Mr. Harmon's case is Rebecca O'Shay. Did you worry about her learning that you were lying about Mr. Harmon's guilt?"

"No. She wanted Harmon convicted."

"Mr. Booth, did Ms. O'Shay instruct you to conceal from the defense certain information that would have cast doubt on Mr. Harmon's guilt, if made known to the jury?"

"Yeah."

"What was one thing she didn't want you talking about?"

"Whitey was a cokehead and she bought from me.

She didn't have a lot of money, so sometimes she had to work off her debt. On the evening I was busted at Whitaker State with Chris Mammon, Whitey was late bringing thirty thousand dollars to the meet. When we were arrested, Mammon thought Whitey set us up. He told me he was going to kill her, if he found out it was true."

"And you told Ms. O'Shay about the threat?"

"Yeah. She knew Mammon was at the Stallion at the same time as Whitey on the night of the murder. I thought she'd be interested, but she said Harmon did it and I wasn't to tell anyone that Mammon knew Whiley."

"Did Ms. O'Shay tell you to keep quiet about anything else?"

Booth located Steve Mancini and his scarred lips twisted into a malicious grin.

"Yeah. I told her I saw Steve Mancini drive off with Sandra Whiley from the Stallion on the evening that Whiley was killed."

Donna put her hand over her mouth. Jesse Harmon fixed Mancini with a look of pure hatred. Mancini looked around nervously. He started to stand, but stopped when he noticed the armed guards that Earl Ridgely had stationed inside the courtroom doors.

"What happened when you told this information to Ms. O'Shay?"

"She said I'd better forget about it or she'd see I spent therest of my life in prison."

"Did Mr. Mancini know Sandra Whiley before the evening of the murder?"

"Sure. Mancini bought cocaine from me. Whiley delivered it to him at his office and his house a few times.

One time, she told me she had sex with Mancini for some of the blow."

Mancini had broken out in a sweat. His eyes darted around the courtroom, desperately seeking a way out.

"No further questions, Mr. Booth."

"Mr. Ridgely?" the judge asked.

"No questions."

"Do you have another witness, Mr. Hale?"

Peter faced the spectator section and said, "We call Steve Mancini, Your Honor."

"I didn't kill her," Mancini shouted.

judge Kuffel pounded his gavel. Mancini froze. The judge glared at him, then said, "You've been called as a witness, Mr. Mancini. Please come forward."

Mancini hesitated. He looked around at the accusing eyes that stared at him from every corner of the room.

'rhen, he walked unsteadily to the witness box. Peter looked directly at Mancini, but Steve would not look back.

"On the evening that Sandra Whiley was murdered, did you drive away from the Stallion tavern with her?" Peter asked. , "I'm ... I want to speak to a, lawyer," Mancini said in a trembling voice.

"Mr. Hale, I'm going to have to adjourn this hearing so Mr. Mancini can consult with counsel. From what I've heard here, he may need one."

Peter knew this would happen and he did not object.

Mancini started to stand up. Ridgely signaled to two police officers, who approached Mancini.

"I have a warrant for your arrest, Mr. Mancini," Ridgely said.

Steve froze. "Hey, Earl, this isn't true. I didn't kill her."

Ridgely ignored him. "Please bring Mr. Mancini to the jail," he told the officers. "See he's read his Miranda rights and is allowed to call an attorney."

"Earl," Mancini -begged, but Ridgely turned his back on him and Mancini was led out of the courtroom.

"May Mr. Harmon be released into the custody of his parents, Your Honor?" Peter asked, as soon as the courtroom had quieted down.

"That would be highly unusual. He's been convicted of aggravated murder."

Earl Ridgely stood slowly and addressed the court.

"Rebecca O'Shay is not present today because she is under arrest. Ms. O'Shay intentionally concealed crucial evidence from the defense. Evidence which casts grave doubt on Mr. Harmon's guilt.

I "I haven't had time to investigate this case thoroughly in light of the new information that the court has just heard, but I know enough to feet that justice will be served best by releasing Mr. Harmon into the custody of his parents while I sort everything out."

judge Kuffel pursed his lips and considered the request.

"Very well," he said "Mr. Harmon, I am ordering your release to the custody of your parents. There will be certain conditions you will have to follow, which I will devise after consultation with counsel. Do you follow what I'm saying?"

Gary looked scared and uncertain. He turned to Peter.

"He's sending you home, Gary," Peter said.

Gary's mouth opened for a moment. Then it formed into a wide smile.

"I'm going home?" he asked as if he could not believe it.

Peter could not help smiling back. "Yeah, Gary, you're going home."

Gary's eyes shone. Then he whooped and threw his arms around Peter.

"You're a good lawyer, Pete. You're the best lawyer.

You made them _ send me home."

judge Kuffel started to gavel for order. Then he thought better of it and lay the gavel down. Peter stood helpless and speechless in Gary's embrace, blushing wildly.

Chapter THIRTY-TWO.

"Will you have another piece of pie, Peter?" Alice Harmon asked.

"Mrs. Harmon, if I eat one more slice of your apple pie, I'll explode."

"I believe I can fit in another piece somewhere," Amos Geary said.

"Gary, hand me Amos's plate, please," Alice told her son. When Gary picked up the plate his back was to Alice Harmon and he did not see how his mother beamed.

Donna stood up and turned to Peter.

"I'm going to get some fresh air. Do you want to join me?"

"Sure."

Donna opened the screen door and led Peter onto the front porch of her parents' house. It was mid-September, the sun was almost down and the night air was nippy.

Donna and Peter both wore sweaters. They walked into the front yard. Donna wrapped her arms around herself as she strolled slowly next to the white board fence that ran along the edge of the Harmons' property.

"It's so great having Gary home," Donna said. "You can't believe the change in Mom and Dad."

"It's not over yet," Peter cautioned. "We still have to get the charges dismissed."

"They won't send him back," Donna said confidently.

"They couldn't. Mr. Ridgely is too decent a man."

They walked in silence for a while. Then, Donna said, "It is amazing how everything conspired to make Gary took so guilty. His overhearing Wilma Polk, O'Shay telling Booth about the Crusader's Cross and Steve letting it slip that the dead woman was at the Stallion .. ."

"That's why Earl's going to go slowly before he charges anyone else. He won't want to make another mistake."

"Who do you think killed Sandra Whiley?" Donna asked when they reached the large oak that shaded the front lawn.

"I don't know. I really haven't given it that much thought. In the movies, the defense attorney always saves his client by figuring out who the killer is. In real life, defense attorneys really don't care. I've spent this whole case trying to counter the state's evidence in order to raise a reasonable doubt. I mean, it would be great if I did prove who killed Sandra Whiley, but as long as I can convince Earl that he should set Gary free, I've done my job."

"You must have some idea. What about Christopher Mammon? I heard that he's disappeared.

"Mammon is definitely not the killer."

"How can you be so certain?"

"In order to tell you, I'd have to break a promise I made. just trust me. I know it's not Mammon," Donna turned her back to Peter and bowed her head.

"If Christopher Mammon isn't guilty, then Steve probably is."

"I guess that's true," Peter answered thoughtfully.

"He's certainly the most likely suspect. "We just learned that his first wife left him because he also beat her, so he clearly has a propensity for violence. The problem with the case against Steve is Becky O'Shay's evidence."

Peter caught himself. Donna turned toward him and he turned red.

"I'm sorry.. ." he started, but Donna shook her head.

"Don't be. I'm glad I found out that he screwed her on the night before our wedding. It relieves me of any lingering doubts I may have had about Steve."

They walked on in silence until Donna asked, "Will you be moving back to Portland when you've wrapped up Gary's case?"

"No. I was really thoughtless leaving Amos shorthanded, so I'm going back to work for him tomorrow. I don't think I'll stay in criminal law forever, but it is sort of exciting."

"I'm glad you'll be around," Donna said, looking directly into Peter's eyes. Peter hesitated for a second.

Then he reached out and took her hand.

"There's another reason I'm sticking around Whitaker."

Peter waited for Donna to pull free. When she didn't, he said, "I don't know if this is the right time to say this.

You're going through so much right now and I'm still trying to figure out who I am and what I want. There are a lot of things about me you don't know, too. Things you might not like."

"We don't have to rush, Peter. Now that you're staying in town, we can take -our time. Let's just see how thingswork out. Okay?"

Then Donna kissed him. It was a soft kiss, but it stunned Peter. Donna rested her head on his shoulder and they held each other in the dark. Peter had never made a commitment to a woman before. Even thinking about it was a little scary. Was he capable of being true to one person? He thought he might be able to do it. He had done some pretty amazing things since arriving in Whitaker.

"You look pretty satisfied with yourself," Amos Geary said when they were on their way back to town in PCTER's car.

"What do you mean?" Peter asked self-consciously.

He had been reliving his kiss with Donna.

"She's not someone to play with. Donna's been through a lot. If you're not serious about her, don't start anything."

"Jesus, Amos, give me some credit, will you," Peter protested.

"Given your track record, I decided to be blunt."

"Hey, the old Peter is gone."

"We'll see."

They drove on in silence for a while. Peter drifted back to thoughts of love, but Geary was thinking*about something else. After a while, he let out a long breath.

"What?" Peter asked.

"I was thinking about that poor girl. The police have lost so much time that I don't think they'll ever catch Whiley's killer."

"We know it's not Mammon. I haven't ruled out Steve, but it's pretty unlikely that he killed her if O'Shay is telling the truth."

"Which she may not be doing. just thinking about O'Shay makes me sick."

"Something just occurred to me Ridgely should check on Steve's alibi for the time when those other two women were killed. With all the excitement, we forgot that the person who killed Whiley probably killed them, too."