Gone but Not Forgotten (1993), page 13
"That's what I'm trying to do. If it was up to you, she'd be on a n all-cholesterol diet."
"When I was growing up, we didn't know from cholesterol. We ate wha t made us happy, not the same stuff you feed horses. And look at me.
Seventy-four and still going strong."
Betsy hugged her mother and gave her a kiss on the forehead. Rita wa s only five feet four, so Betsy had to bend down to do it. Betsy's da d never topped five feet nine. No one could figure where Betsy got he r height.
"How come there's no school?" Rita asked.
"It's another teacher planning day. I forgot to read the flyer they sen t home, so I didn't know until yesterday evening, when Kathy mentione d it."
"You have time for a cup of coffee?" Rita asked.
Betsy looked at her watch. It was only seven-twenty.
They would not let her into the jail to see Darius until eight.
"Sure," she said, dropping the backpack with Kathy's things on a chai r and following her mother into the living room. The television wa s already on, tuned to a morning talk show.
"Don't let her watch too much TV," Betsy said, sitting down on th e couch. "I packed some books and games for her."
"A little television isn't going to kill her any more than that cereal."
Betsy laughed. "One day with you undoes all the good habits I'v e instilled in a year. You're an absolute menace.
"Nonsense," Rita answered gruffly, pouring two cups of coffee from th e pot she had prepared in expectation of Betsy's visit. "So, what are yo u doing this morning that's so important you had to abandon that lovel y angel to such an ogre?"
"You've heard of Martin Darius?"
"Certainly."
"I'm representing him."
"What did he do?"
"The da. thinks Darius raped and killed the three women they found a t his construction site. He also thinks Darius tortured and killed si x women in Hunter's Point, New York, ten years ago."
"Oh, my God! Is he guilty?"
"I don't know. Darius swears he's innocent."
"And you believe him?"
Betsy shook her head. "It's too early to say."
"He's a rich man, Betsy. The police wouldn't arrest someone tha t important without proof."
"if I took the State's word for everything, Andrea Hammermill and Grac e Peterson would be in prison today."
Rita looked concerned. "Should you be representing a man who rape s and tortures women after all the work you've done for women's rights?"
"We don't know that he tortured anyone, Mom, and that feminist label i s something the press stuck on me. I want to work for women's rights, bu t I'm not just a woman's lawyer. This case will help me be seen as mor e than one-dimensional. It could make my career. And, more important , Darius may be innocent. The da. won't tell me why he thinks Darius i s guilty. That makes me very suspicious. If he had the goods on Dariu s he'd be confident enough to tell me what he's got."
"I just don't want to see you get hurt."
"I won't get hurt, Mom, because I'll do a good job. I learned somethin g when I won Grace's case. I have a talent. I'm a very good tria l attorney. I have a knack for talking to jurors. I'm damned good a t cross-examination.
If I win this case, people across the country are going to know how goo d I am, and that's why I want this case so badly. But I'm going to nee d your help."
"What do you mean?"
"The case is going to go on for at least a year. The trial could las t for months. With the State asking for the death penalty, I'm going t o have to fight every step of the way, and the case is extremel y complicated. It's going to take -all my time. We're talking about event s that occurred ten years ago. I've got to find out everything there is t o know about Hunter's Point, Darius's background.
That means I'll be working long hours and weekends and I'm going to nee d help with Kathy. Someone has to pick her up from day care, if I'm tie d up in court, make her dinner "What about Rick?"
"I can't ask him. You know why."
"No, I don't know why. He's Kathy's father. He's also your husband. He should be your biggest fan."
"Well, he's not. He's never accepted the fact that I'm a real lawye r with a successful practice."
"What did he think you'd be doing when you hung out your shingle?"
"I think he thought it was going to be a cute bobby like stam p collecting, something to keep me occupied when I wasn't cooking dinne r or cleaning."
"Well, he is the man of the house. Men like to feel they're in charge.
And here you are, getting all the headlines and talking on th e television."
"Look, Mom, I don't want to discuss Rick. Do you mind? I just ge t angry."
"All right, I won't discuss him and, of course, I'll help."
"I don't know how I'd make it without you, Mom."
Rita blushed and waved a hand at Betsy. "That's what mothers are for."
"Granny," Kathy yelled from the kitchen, "I can't find the chocolat e syrup."
"Why would she want chocolate syrup at seven thirty in the morning?"
Betsy asked menacingly.
"None of your business," Rita answered imperiously.
"I'm coming, sweetheart. It's too high up. You can't reach it."
"I've got to go," Betsy said, with a resigned shake of the head. "An d please keep the TV to a minimum."
"We're only reading Shakespeare and studying algebra this morning," Rit a answered as she disappeared into the kitchen.
Reggie Stewart was waiting for Betsy on a bench near the visitor's des k at the jail. Stewart had worked at several unsatisfying jobs befor e discovering a talent for investigation. He was a slender six-footer wit h shaggy brown hair and bright blue eyes who was most comfortable in plai d flannel shirts, cowboy boots and jeans. Stewart had an odd way o f looking at events and a sarcastic air that put off some people. Bets y appreciated the way he used his imagination and his knack for makin g people trust him.
These attributes proved invaluable in the Hammermill and Peterson cases , where the best evidence of abuse came from the victims' relatives an d would have remained buried layers of hate and family pride if it was no t for Reggie's persuasiveness and persistence.
"Ready, Chief?" Stewart asked, smiling as he unwound from the bench.
"Always," Betsy answered with a smile.
Stewart had filled out visitor's forms for both of them. A guard sa t behind a glass window in a control room. Betsy pushed the forms an d their i.d. through a slot in the window and asked for a contact visi t with Martin Darius. As soon as the guard told them it was set, she an d Reggie emptied the metal objects from their pockets, took off thei r watches and jewelry and walked through the metal detector. The guar d checked Betsy's briefcase, then called for the elevator. When it came , Betsy inserted the key for the seventh floor in a lock and turned it.
The elevator rode up to seven and the doors opened on the same narro w hall Betsy had stepped into the day before.
This time, she walked to the far end and waited in front of a thic k metal door with an equally thick piece of glass in the upper half.
Through the glass, she could see the two seventh-floor contact rooms.
They were both empty.
"Darius is going to be a demanding client," Betsy told Stewart as the y waited for the guard. "He's used to being in charge, he's very brigh t and he's tremendous pressure."
"Gottcha."
"Today, we listen. The arraignment isn't until nine so we have an hour.
I want to get his version of what happened in Hunter's Point. If we'r e not done by nine, you can finish up later."
"what's he facing?"
Betsy pulled a copy of the indictment from her briefcase.
"This don't look good, Chief," Stewart said after reading the charges.
"Who's john Doe'?"
"The man. The police have no idea who he is. His face and fingertip s were disfigured with acid and the killer even smashed his teeth with a hammer to try and prevent an i.d. from his dental records."
Stewart grimaced. "This is one set of crime scene photos I'm not lookin' f orward to seeing."
"They're the worst, Reg. Look at them before breakfast. I almost los t mine."
"How do you dope it out?"
"You mean, do I think Darius did it?" Betsy shook her head. "I'm no t sure. Page is convinced, but either Darius put on a great performanc e for me yesterday, or he's not guilty."
"So we have a real whodunit?"
"Maybe."
Out of their sight, a heavy lock opened with a loud snap. Betsy crane d her neck and saw Darius precede the guard into the narrow space in fron t of the two contact rooms. When her client was locked in one of them, th e guard let Betsy and Stewart into the contact area, then secured the doo r to the hall where they had been waiting.
After locking them in with Darius, the guard left the contact visitin g area by the door through which he had entered.
The contact room was small. Most of the space in it was taken up by a large circular table and three plastic chairs. Darius was sitting in on e of them. He did not stand up when Betsy entered.
"I see you brought a bodyguard," Darius said, studying Stewar t carefully.
"Martin Darius meet Reggie Stewart, my investigator."
"You're only using one?" Darius asked, ignoring Reggie's outstretche d hand. Stewart pulled his hand back slowly.
"Reggie is very good. I wouldn't have won "Hammermill' without him. If I t hink you need more investigators, you'll get them. Here's a copy of th e indictment."
Darius took the paper and read it.
"Page is charging you several theories in the death of each person: p ersonally killing a human being during the commission of the felon y crime of kidnapping; torture killing; more than one victim. If he gets a conviction on any theory of Aggravated Murder, we go into a second, o r penalty, phase of the trial. That's a second trial on the issue o f punishment.
"In the penalty phase, the State has to convince the jurors that yo u committed the murder deliberately, that the victim's provocation, i f any, did not mitigate the killing and that there's a probability tha t you'll be dangerous in the future. If the jurors answer 'yes' u nanimously to these three questions, you'll be sentenced to death , unless there is some mitigating circumstance that convinces any juro r that you should not get a death sentence.
"If any juror votes 'no' on any question, the jurors then decide o n whether you get life without parole or life with a thirty-year minimu m sentence. Any questions, so far?"
"Yes, Tannenbaum," Darius said, looking at her with an amused smile.
"Why are you wasting your time on an explanation of the penalty phase? I d id not kidnap, torture or kill these women. I expect you to explai n that to our jury."
"What about Hunter's Point?" Betsy asked. "That's going to play a hug e part in your trial."
"A man named Henry Waters was the killer. He was shot trying to escap e arrest. They found the body of one of his victims disemboweled in hi s basement. Everyone knew Waters was guilty and the case was closed."
"Then why is Page convinced you killed the Hunter's Point women?"
"I have no idea. I was a victim, for God's sake. I told you. Water s killed Sandy and Melody. I was part of the task force that investigate d the killings."
"How did that happen?" Betsy asked, surprised.
"I volunteered. I was an excellent lawyer and I did a lot of crimina l defense when I started out. I felt I could provide a unique insight int o the criminal mind. The mayor agreed."
"Why didn't you set up a law practice in Oregon?"
Darius stopped smiling. "Why is that important?"
"It looks like you're trying to hide. So does dyeing your hair black."
"my wife and child were murdered, Tannenbaum. I found their bodies.
Those deaths were part of my old life.
When I moved here, it was my chance to start over. I didn't want to se e my old face in the mirror, because I would remember bow Sandy and Melod y looked beside me in old photographs. I didn't want to work at the sam e job, because there were too many associations between that job and m y old life."
Darius leaned forward. He rested his elbows on the table and supporte d his bead on his lean fingers, massaging his forehead, as if he wa s trying to wipe away painful memories.
"I'm sorry if that sounds crazy, but I was a little crazy for a while.
I'd been so happy. Then that maniac Darius closed his eyes. Stewar t studied him carefully. Betsy was right. Either the guy was a great acto r or he was innocent.
"We'll need the old files from Hunter's Point," Betsy told Stewart.
"You'll probably have to go back there to talk to the detectives wh o worked the case. Page's theory falls apart if Martin didn't kill th e Hunter's Point women."
Stewart nodded, then he leaned toward Darius.
"Who are your enemies, Mr. Darius? Who hates you enough to frame you fo r these murders?"
Darius shrugged. "I've made lots of enemies. There are those fools wh o are tying up the project where the bodies were found."
"Mr. Darius," Stewart said patiently, "with all due respect, you're no t seriously suggesting a group dedicated to preserving historic building s is responsible for framing you, are you?"
"They torched three of my condos."
"You don't see a difference between setting fire to an inanimate objec t and torturing three women to death?
We're looking for a monster here, Mr. Darius. Who do you know who has n o conscience, no compassion, who thinks people are no more valuable tha n bugs and hates your guts?"
Betsy did not expect Darius to put up with Stewart's insolence, but h e surprised her. Instead of getting mad, he leaned back in his chair, hi s brow furrowing in frustration as he tried to think of an answer t o Stewart's question.
"What I say doesn't leave here, right?"
"Reggie is our agent. The attorney-client privilege applies to anythin g you tell him."
"Okay. One name comes to mind. There's a project in Southern Oregon I c ouldn't fund. The banks didn't trust my judgment. So I went to Manue l Ochoa. He's a man who doesn't do much but has lots of money. I neve r asked where it came from, but I've heard rumors."
"Are we talking Colombians, Mr. Darius? Cocaine, tar heroin?" Reggi e asked.
"I don't know and I didn't want to. I asked for the money, he gave m e the money. There were terms I agreed to that I'll have trouble meetin g if I stay in jail. If Darius Construction defaults, Ochoa will make a lot of money."
"And druggies would snuff a woman or two without thinking twice,"
Stewart added.
"Does Ochoa know about Hunter's Point?" Betsy asked suddenly. "We're no t just looking for a psychopath.
We're looking for a psychopath with intimate knowledge of your secre t past."
"Good point," Stewart said. "Who knew about Hunter's Point besides you?"
Darius suddenly looked ill. He rested his elbows on the table again an d let his head fall heavily into his open palms.
"That's the question I've been asking myself, Tannenbaum, ever since I r ealized I was being framed. But it's a question I can't answer. I'v e never told anyone in Portland about Hunter's Point. Never. But th e person who's framing me knows -all about it, and I just don't know ho w that's possible."
"Coffee, black," Betsy told her secretary as she flew through the fron t door, "and get me a turkey, bacon and swiss from the Heathman Pub."
Betsy tossed her attache case on her desk and took a brief look at th e mail and messages Ann had stacked in the center of the blotter. Bets y tossed the junk mail in the wastebasket, placed the important letters i n her in-box and decided that none of the callers needed to be phone d immediately.
"The sandwich will be ready in fifteen minutes," Ann said as she put a cup of coffee on Betsy's desk.
"Great."
"How did the arraignment go?"
"A zoo. The courthouse was swarming with reporters. It was worse tha n "Hammermill." Ann left. Betsy sipped some coffee, then punched out th e phone number of Dr. Raymond Keene, a former state medical examiner wh o was now in private practice.
When a defense attorney needed someone to check the m.e.'s results, the y went to Dr. Keene.
"What ya got for me, Betsy?"
"Hi, Ray. I've got the Darius case."
"No kidding."
"No kidding. Three women and one man. All brutally tortured. I want t o know everything about how they died and what was done to them befor e they died."
"Who did the autopsies?"
"Susan Gregg."
"She's competent. Is there some special reason you want her finding s checked?"
"It's not so much her findings. The d.a. thinks Darius did this before , ten years ago, in Hunter's Point, New York. Six women were murdere d there, as far as I can tell. There was a suspect in that case who wa s killed resisting arrest. Page doesn't believe the suspect was th e murderer. When we get the Hunter's Point autopsy reports, I want you t o compare the cases to see if there is a similar m.o."
"Sounds interesting. Did Page clear it?"
"I asked him after the arraignment."
"I'll call Sue and see if I can get over to the morgue this afternoon."
"The quicker the better."
"You want me to perform another autopsy or just review her report?"
"Do everything you can think of. At this point, I have no idea wha t might be important."
"What lab tests has Sue done?"
"I don't know."
"Probably not as many as she should. I'll check it out. The budge t pressures don't encourage a lot of lab work."
"We don't have to worry about a budget. Darius will go top dollar."
"That's what I like to hear. I'll call as soon as I have something t o tell you. Give 'em hell."
"I will, Ray."
Betsy hung up the phone.
"Are you ready for lunch?" Nora Sloane asked hesitantly from the offic e doorway. Betsy looked up, startled.
"Your receptionist wasn't in. I waited for a few minutes."
"Oh, I'm sorry, Nora. We did have a lunch date, didn't we?"
"For noon."
"I apologize. I forgot all about it. I just picked up a new case that's taking all my time."
