Violent Crimes (6 page)

“There's a call for you on line two,” Amanda's receptionist said.

“Who is it?”

“She won't say, but she did say that she had information about Mr. Beatty's case.”

Amanda thanked her, then took the call.

“This is Amanda Jaffe.”

“Miss Jaffe, I know something that could be important about Tom Beatty's case,” Brittney Vandervelden said.

“I'm listening.”

“I don't want to talk over the phone. Can you meet me on the second floor of the parking garage at the Lloyd Center Mall in one hour?”

“I could, but—”

“I have to be certain that no one will see us.”

“Okay, I'll be there.”

“Stand by your car. I'll drive by and pick you up.”

Amanda had been standing by her car for less than a minute when a red Miata stopped in front of her. Amanda bent low and peered into the car. Brittney was behind the wheel. She looked anxious. Amanda got in and Brittney took off down the ramp, pulled into traffic, then drove into the middle of the large parking lot for a multiplex theater across the street from the mall. No one said a word until the car was concealed between a van and a pickup truck in a part of the lot where they were not likely to be seen.

“Before I say anything, you have to promise me you won't tell anyone about this meeting,” Brittney said.

“Are you worried about your job?”

“After what happened to Christine, I'm worried about my life.”

“Why did you want to meet me if you feel you might be in danger?”

“It's Tom. There's no way he would have hurt Christine, let alone beaten her to death. And this heroin thing . . . I just don't believe it. If I kept what I know to myself and Tom was convicted . . . I couldn't live with that.”

“Do you know something that might help Tom?”

Brittney nodded. “I'm not sure. You'll have to decide.”

“Okay.”

“I think I know why Christine was upset when she left Mr. Masterson's office.”

“Go ahead,” Amanda urged.

“About two years ago, the firm had some business reversals. One of our biggest clients had a dispute about fees and decided to drop us in favor of using in-house counsel. After that happened,
we heard rumors that the firm was having trouble generating sufficient revenue to pay the contracts of the name partners and cover the payments on loans that had been incurred during the recession. There was a lot of talk about layoffs; it was all gloom and doom.

“Then the firm started secret talks with Global Mining; I knew about them because Christine was involved. I also knew that Global had heard the rumors about the firm's financial troubles and was concerned. So the partners let Global examine the books. And they looked great—only Christine thought they shouldn't have. She was worried that the big partners were making fraudulent accounting entries that showed increased revenue and decreased expenses and appeared to rein in distribution payments to partners. I think that's what she was talking about to Mr. Masterson on the day Tom learned his case was dismissed.”

“By ‘the big partners,' who do you mean?”

“Dale Masterson and Mark Hamilton. They founded the firm and they're in control. None of the other partners have any real power. They make a lot of money but they knew when they joined the firm that they might be on the letterhead but Mr. Masterson and Mr. Hamilton are in charge.”

“Okay, so you think Christine was killed because she was going to expose the fraud?”

“I don't have any proof, but if they were afraid that Christine had told Tom about the fraud it would explain why they had to frame him for the murder. He'd be so distracted by his arrest that he wouldn't be able to pursue an investigation. And who would believe him anyway if he was a convicted murderer?”

“You've given me a lot to think about,” Amanda said.

“I can't prove a word of anything I've told you. So please keep me out of the case.”

“I will. And I may have a way of finding out if the firm is in as much trouble as you think it is.”

“But it's not. We're Global's lawyers. They hired the firm. Christine was going to talk to the people at Global but she never got the chance. The influx of cash can be used to solve most of the firm's problems and the partners can fix the books. By the time you get a court order, everything will look fine.”

“Kate's looking for you,” the receptionist said when Amanda returned. Amanda walked down the hall.

“Guess where I was?” she said when she walked into Kate's office.

“I have no idea.”

“Brittney Vandervelden and I just had a secret rendezvous at Lloyd Center.”

Kate listened carefully while Amanda told her about her meeting with Christine Larson's secretary.

“It looks like the partners at Masterson, Hamilton had millions of reasons for wanting Christine Larson dead,” Kate said.

“But proving the senior partners in one of the most powerful law firms in the state had another partner rubbed out—if they did—will not be easy,” Amanda answered. “By the way, have you run down Carol White?”

“No. But I found an address for her.” She shook her head. “She's living in an apartment house that's one step away from being condemned. Talk about bottom of the barrel. Anyway, when
she didn't answer her door I slipped the manager a few bucks for a look at her apartment. It's a pigsty, and I don't think she's been home for a while. The food in the refrigerator is producing penicillin, and I don't even want to talk about the smell. I knocked on doors. None of her neighbors say they've seen her around but that doesn't mean much in a place like that. Most of her neighbors belong to the subclass of society that never tells the truth to anyone, especially cops or investigators. But my guess is she's not staying there anymore.”

“Damn. I'm sure White lied to Nowicki.”

“I do have something for you on White, but I don't know how much it helps. I looked through the court files in the cases where she was a defendant or an informant. If she testifies, you'll grow old telling a judge or jury about her priors and if she testifies her occupation is drug addict, streetwalker, or shoplifter, she won't be committing perjury.”

“Anything violent?”

“Nah, it's all petty shit. The worst thing she's been busted for is distribution, but they were all small amounts. She was probably selling so she'd have the money to buy more heroin.”

“What about informing? Has she done it a lot?”

“A fair amount, usually when she needs to work off a beef. And she's been doing it off and on for a long time. The first time was ten years ago when Greg Nowicki and his partner, Reginald Kiner, used her to bust Diego Chavez, a mid-level drug dealer. Four years later, White got probation after selling to an undercover cop. The amount she sold should have landed her in prison but the charges were dismissed after White helped Nowicki jack up a college kid who was selling at Reed College. There are two
more times Nowicki used her as the affiant in a search warrant affidavit before we get to Tom's case.”

“Okay. Well keep looking for her; let me know if you have any success. I'm certain Tom was set up, and finding White is the key to proving it.”

The brutal murder of a partner in one of Portland's largest law firms by a paralegal who might have been her lover was a juicy news item, and the spectator benches of the Honorable David Chang's fifth-floor courtroom were jam-packed. As Amanda walked to the front of the courtroom, she noticed Brittney Vandervelden, Dale Masterson, and several other members of the Masterson, Hamilton law firm scattered among a crowd that included well-dressed society women, a heavily bearded hippie, new deputy district attorneys hoping to learn their trade by watching two top attorneys in action, reporters, and ancient court watchers who attended trials instead of watching daytime television.

Larry Frederick and Cathy Prieto-Smith were bent over law books and legal memos at the counsel table closest to the empty jury box. The assistant district attorneys scrupulously avoided looking at Amanda when she took her seat next to Tom Beatty at the other counsel table.

As soon as all the parties were present, the bailiff rapped his gavel and the judge took the bench.

“This is the time set for motions in
State of Oregon v. Thomas Darrel Beatty
,” Judge Chang told the parties. “Are you ready to proceed?”

Larry Frederick stood up. Amanda noted that the prosecutor looked much better than he had at the arraignment.

“The state is ready, Your Honor,” Frederick said. The forceful way he answered the judge's question let Amanda know that his desire to put her client on death row had not lessened.

“Amanda Jaffe for Mr. Beatty. We're ready to proceed.”

“Miss Jaffe,” Judge Chang said, “I received a raft of motions from you. The bulk of them are legal challenges to Oregon's death penalty statute. I assume you're filing these motions to make a record on appeal because I've denied similar motions in other cases, one of which your father handled, and I am not inclined to change my mind about the merits of your arguments. Is there anything you want to add about the constitutional challenges?”

“No, Your Honor. Several of these issues have not been decided by the Oregon or United States Supreme Courts and I'll take them up there if necessary.”

“Very well. Now, you've filed a motion for bail. What is your position, Mr. Frederick?”

“We oppose bail, Your Honor, and I'm prepared to put on witnesses who will show how strong our case is.”

“Very well. Call your first witness.”

“I've talked with Miss Jaffe and we've agreed that I can show the court a photograph of the victim and summarize the autopsy report in lieu of calling Dr. Sally Grace, the medical examiner.”

“Is that correct, Miss Jaffe?” the judge asked.

“It is.”

The prosecutor pressed some keys on his laptop and several spectators gasped when a horrific picture of Christine Larson's face was projected onto a screen next to the jury box. Both of Christine's blackened eyes were swollen shut, her nose was broken, there were lacerations on her face, the skin on her ears and lips were split, and her upper and lower jaws were broken. Larry Frederick gave the judge a summary of the damage Christine had suffered and concluded by telling the judge that the cause of death was blunt-force head trauma.

After the cause of death was established, Frederick called Greg Nowicki. The detective was dressed in a suit and tie and would have looked like a corporate attorney if the tattooed talon of an eagle hadn't peeked out of his collar at the back of his neck. After he was sworn, Nowicki told the court about the execution of the search warrant and the discoveries of the victim in Tom Beatty's bedroom and of heroin in his home.

“Are you going to present evidence on the bail question?” the judge asked Amanda.

Amanda had debated calling Dr. Fisher to explain her client's war service and his PTSD, plus some of the people who worked with Tom. After much thought, she had concluded that these witnesses were best saved for the sentencing phase if Tom was convicted.

“No, Your Honor,” Amanda said.

“I'll wait to rule on the question of bail until I've heard all of Miss Jaffe's motions,” Judge Chang said. “Let's hear Miss Jaffe's motion to suppress the evidence found during the search of Mr.
Beatty's house. Do you have witnesses you intend to call, Miss Jaffe?”

“Yes. I also have something I want to put on the record. My investigator has tried to find Carol White, the affiant who provided the information which led to the issuance of the warrant. I wanted her present at this motion, but we've had no luck finding her. I told Mr. Frederick about our problem but he has not produced her.”

“Mr. Frederick?” the judge asked.

“Miss White is a drug addict, Your Honor. Detective Nowicki went to her apartment but she wasn't in. I've had officers looking for her since I received Miss Jaffe's request but they haven't been any more successful than Miss Jaffe's investigator. If we find her, I'll notify Miss Jaffe immediately.”

“It appears that Mr. Frederick is acting in good faith,” the judge said. “Can you proceed with your motion without this witness?”

“Yes, but I'd like a chance to reopen the motion at a later date if Miss White is located and I feel it's necessary to complete my record.”

“That seems reasonable. Any objection, Mr. Frederick?”

“No, Your Honor.”

“Then let's proceed. The search was executed pursuant to a warrant, so you have the burden of proof, Miss Jaffe. Who is your first witness?”

“Mr. Beatty calls Greg Nowicki.”

Once he took the oath and was seated, Amanda began. “Detective Nowicki, you've told the court that you executed a search warrant at Mr. Beatty's house, but I'd like to go into a little more
detail. How did you learn that Mr. Beatty was supposed to have drugs in his home?”

“Over the years, I have developed a relationship with several individuals who supply information to me about the narcotics trade. Carol White is one of my informants. She gave me the information I placed in the affidavit.”

“How long has Miss White acted as an informant?”

“Let me see. I believe I arrested her for the first time nine or ten years ago, and she's supplied me with information off and on since then.”

“When does she do this?”

“Usually after she's been busted and needs a favor.”

“And she'd been arrested recently?” Amanda asked.

“Yes, for possession, but she was out on bail.”

“Did you contact Miss White about Mr. Beatty or did she come to you?”

“She called the station and told me she had read about Mr. Beatty's arrest for assault and knew something about him I might find interesting. We arranged a meet.”

“And it was during this meeting that she gave you the information you set out in your affidavit?”

“Correct.”

“Miss White is a drug addict. Isn't it true that drug addicts are untrustworthy?”

“Some are and some aren't. In my experience, Miss White has been truthful in her dealings with me.”

“So you took her word for what she told you?”

“Yes.”

“Did you check her story?”

“As much as I was able.”

“Miss White said that another junkie told her that Mr. Beatty was a dealer?”

“Yes.”

“Did you talk to this junkie to see if that was true?”

“No.”

“Why not?”

“I did ask for a name but Miss White could only remember his first name—Frank—and her description was fairly general. She didn't know how to contact Frank.”

“Have you had any other person in law enforcement or any other informer tell you that Mr. Beatty was dealing heroin?”

“No.”

“So the only evidence you had that Mr. Beatty was dealing drugs was the word of a drug addict who was desperate to work off a beef?”

“Miss White described Mr. Beatty's house accurately. The fact that she could tell me where he lived was important, because the house is not near the area where she says she bought from him on most occasions and it's not in an area frequented by drug addicts.”

“Did you try to see if you could find any witnesses who could back up Miss White's claim that she bought drugs from Mr. Beatty?”

“No.”

Amanda paused to consult her notes. “Did Alan Hotchkiss accompany you when you executed the warrant at Mr. Beatty's home?”

“Yes.”

“Did he ride in your car with you?”

“Yes.”

“Did Detective Hotchkiss read the warrant and the affidavit?”

“Yes.”

“When was this?”

“In the car on the way to Mr. Beatty's residence.”

“So after the warrant was issued but before the search?”

“Yes.”

“Did Detective Hotchkiss make any comment about the affidavit before you entered the house?”

Nowicki started to answer. Then he paused and frowned. “I . . . I don't think so.”

“What made you pause?”

“He never said anything when we were driving and I was trying to remember if he said anything after that. If he did, I probably didn't pay attention because we were preparing to enter the house. Detective Hotchkiss told me that Mr. Beatty is an ex-soldier with a lot of combat experience. I was concentrating exclusively on how to enter in the least dangerous manner and I was preoccupied with keeping everyone safe.”

“So it's possible Detective Hotchkiss made some comment about the facts in the affidavit after the two of you left your car?”

“Like I said, if he did I don't recall the comment.”

“Nothing further,” Amanda said.

“Mr. Frederick?” Judge Chang said.

“No questions.”

For the next half hour, Amanda questioned the SWAT team members who were at the front of the house when entry was
made. She posed general questions about the search, seeding in the questions she really wanted an answer to in a disinterested tone. Amanda struck out with the first four witnesses before striking pay dirt when Harold Fernandez took the stand. After several general questions about Fernandez's training and years on the force, Amanda led the officer into the area in which she was really interested.

“Where were you in relation to Detectives Nowicki and Hotchkiss prior to entering Mr. Beatty's house, Officer Fernandez?”

“We were on the front porch. Detective Nowicki was pressed against the wall next to the left side of the door if you were facing the door. I was in the same position but on the right side of the door and Detective Hotchkiss was next to me.”

“So you were between the two detectives?”

“Yes.”

“If Detective Hotchkiss wanted to say something to Detective Nowicki he would have to talk past you?”

“Yes.”

“Please tell the judge what Detective Hotchkiss said to Detective Nowicki and what Detective Nowicki said to Detective Hotchkiss just before entry was made,” Amanda said. Then she held her breath.

“We were getting ready to go in when Detective Hotchkiss said something about there being a problem with the affidavit for the search warrant, something about one of the dates.”

“Was he specific about which date?”

“No.”

“And what did Detective Nowicki say to Detective Hotchkiss?”

“He said, ‘Not now,' because we were ready to go in.”

“Was there any more conversation about the affidavit?”

“No. Detective Nowicki knocked and we entered and that was that.”

“My next witness will be Detective Alan Hotchkiss, Your Honor.”

Moments later, the detective entered the courtroom, took the oath, and sat in the witness box. Amanda threw Hotchkiss a series of softballs before easing into the meat of her examination.

“This is not the first time you've been involved in a case in which Mr. Beatty was a defendant, is it?”

“No.”

“Just a short time ago, Mr. Beatty was arrested because of a fight in the Lookout tavern, was he not?”

“Yes.”

“Isn't it true that you had more than a casual interest in that case?”

“I investigated it.”

“Do you remember a meeting in the office of Mr. Frederick at which he, you, and I were present?”

“Yes.”

“I asked for a dismissal of the case because I believed that Mr. Beatty had acted in self-defense, did I not?”

“Yes.”

“You vehemently opposed dismissing the case, didn't you?”

“I felt that your client had gone too far and used too much force.”

“When I pointed out that Mr. Beatty was a decorated soldier
who had defended our country in combat, did you ask Mr. Frederick if he was buying ‘this John Wayne crap'?”

“I may have said that.”

“So you had strong feelings about dismissing the case?”

“Yes.”

“This assault case was fairly recent, wasn't it?”

“Yes.”

“Would it be fair to say that the case is fresh in your mind?”

“I guess.”

“And you had even fresher recollections about it on the evening of the search because the events were even closer to that date than they are to this day?”

“I guess.”

“Detective Nowicki testified that you read the search warrant and the affidavit in support of it on the way to Mr. Beatty's house. Is that correct?”

“Yes.”

“Did you notice anything odd in the affidavit?”

“Odd?”

“Was there anything in the affidavit that concerned you?”

“I'm not sure what you mean,” Hotchkiss said, but it was obvious that he was stalling and the judge took a hard look at him.

“May I approach the witness, Your Honor?”

“Yes, Miss Jaffe.”

Amanda walked to the witness box holding several documents.

“I'm handing the witness defense exhibit 4, a police report concerning the fight at the Lookout tavern. What was the date that the fight occurred, Detective Hotchkiss?”