Remains Silent (8 page)

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Authors: Michael Baden,Linda Kenney

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Werent we supposed to talk about the Lyons case?

 

 

It can wait. See that streetlamp on the next corner? Thats where Benjamino Bellincaso bought it.
Bang!
Killed by a gunman who disappeared into the subway. Started a Mafia war that went on for years. Used to be a famous steakhouse there, but they had to move. Nobody wanted to eat at the site of Bellincasos last supper.

 

 

Anything else on this sightseeing tour I should know about?
I shouldnt have asked.

 

 

There was another restaurant near here, the Neapolitan Noodle, forced to close because four garment company executives were shot at a table some organized crime people had just left. Nobody found out who the intended victims were.

 

 

He was still holding her arm; she made no effort to dislodge it. The passion in his voice, his stride, and his expression were infectious. She felt comfortable with him, mesmerized.

 

 

Normal people dont navigate by crime scenes, she said, when at last he paused for breath. Have you ever been to Bloomingdales? Its three blocks away. Great store, fabulous clothes, and
two
shoe departments, one for the times a woman wants to feel chic, the other when she wants to dress like a diva.

 

 

Really? I didnt know. A monotone.

 

 

She pressed on. Women navigate by stores live by them. Shopping, fashion, and clean ladies rooms with soft toilet paper.
Hes a doctor. He can take anatomic information.
On the far side of Bloomies theres an outlet store. I bought my Hermcs scarf and coordinating enamel bracelets at their warehouse sale at the end of the year. Its when they mark down their dated products, but with Hermcs, who cares? After all, my Kelly bag is timeless.

 

 

Hes staring at me again. Does he think Ive gone out of my mind?
No, he was smiling. Indeed, his eyes were lit by what she took to be enjoyment. Heres Scalinatella, she said. Their specialty is rare, juicy steak and lobster fra diavolo pasta misto, but after all that spilled blood in the restaurants around here, I think Ill have fish.

 

 

 

BUONA SERA,
said Manny, as they followed the maitre d to a corner table.

 

 

Jake took off his blue blazer, loosened his maroon-and-black print tie below the fraying collar of his light-blue button-down shirt, and rolled up his sleeves
as though hes about to begin an autopsy
all before he sat down across from her.

 

 

Do you care for wine? their waiter asked. They each reached for the wine list. A tug of war ensued, which Manny won.

 

 

Red or white? she asked.

 

 

Your choice.

 

 

She assessed the offerings. Well have the ninety-five Amarone the Reserva Ducale,
piacere.

 

 

The waiter bowed. Good choice. And your accent he kissed his fingersimpeccable.

 

 

Im second-generation Italian.

 

 

And a bottle of mineral water, with gas, Jake told the waiter.

 

 

She squinted at him. How very European.

 

 

There was still an edge to her voice; Jake wasnt sure if she was mocking him.

 

 

He filled her glass when the sparkling water arrived.

 

 

They were on dessert and espresso. When theyd arrived, Jake, rather than the maitre d, had pulled out her chair for her, a bit of old-fashioned gallantry she found charming. Hed also ordered sea bass for them both and talked virtually nonstop about violent death.

 

 

Now, about the Lyons case, Jake finally said. I think

 

 

Yes,
about
the Lyons case, she interrupted. Just what
were
you thinking?

 

 

Jake raised an eyebrow. Excuse me?

 

 

I dont hear from you between Terrell and Carramia and after Carramia not so much as an apology after you crucified me. Then you call to tell me a woman Ive never met is about to contact me so I can represent her because you think Im a great lawyer. Her eyes narrowed. Was that supposed to be a joke?

 

 

I can see why it might seem a little odd. But you really impressed me in court, and when Mr. Lyonss daughter

 

 

Youll say anything, wont you? Anything to get your way. I impressed you in court? How can you say that with a straight face? You made me look like an undergrad.

 

 

He smiled without condescension. An impressive undergrad, then. Look, Im a scientist. Im hired to give an opinion based on science, and that opinions what it is, no matter who asks for it. I didnt testify against you, I testified against false conclusions. Just as I wasnt hired to testify
for
you in the Terrell case. If the police hadnt shot your client in the back, Id have told you so.

 

 

Okay, hes not for sale. But hes still smug.
The spoon bearing a bite of tiramisu stopped halfway to her mouth. When hed opened his collar and rolled up his sleeves before theyd sat down, shed thought it bad manners; now his casualness and ease, his obvious sincerity and the frankness of his gaze opened a gate in her brain, and she let him enter.

 

 

Youd been given some wrongheaded opinions, he went on. But beyond that you were better prepared than any attorney Ive ever seen. Digging up that study I did on witness accounts in police takedowns amazing. And youre obviously very . . . zealous in representing your clients interests. Ive read up on some of your cases. You got a record settlement in the Terrell case when nobody else wanted to touch it. And when the governor refused to issue a permit to those antideath penalty protesters, you headed the First Amendment challenge. That was an elegant brief you wrote, by the way. He lunged across the table to grab her hand. Watch out. The tiramisus about to drop on your jacket.

 

 

She swallowed it. You bet I care about my clients. I didnt traipse up to Poughkeepsie for you, I did it for Patrice Perez. And if I find out this is some sort of scam, Ill roast her till shes tender.

 

 

Scam? No way. You havent met her. If there was ever a more vulnerable, more

 

 

Forgive me, Dr. Rosen, but Ive found that scientists know little about the human heart. Vulnerable is a con artists stock-in-trade.

 

 

You think shes a con artist?

 

 

I didnt say that. Just mentioned the possibility.

 

 

Shes trying to one-up me, Jake thought. Pay me back. The idea pleased him. Still, you traipsed up to Poughkeepsie.

 

 

Of course. If shes straight, the poor woman thought her father abandoned her. Now she has no idea what happened to him. For all she knows, the doctors in that psycho ward botched his treatment and buried him in the backyard like a mad dog. She sipped her wine, though all the talk of death and destruction made her want to chug it back. Even if theres no wrongdoing here, the State of New York still owes her an explanation. She may not have fifty dollars in the bank, but she has every right to stand up for her She cut herself off. What are you smiling about?

 

 

You really care. I like that.

 

 

She shrugged. My father nicknamed me Saint Jude after the patron saint of lost causes.

 

 

I see. He took a bite of his warm chocolate cake. But he named you Philomena Erminia.

 

 

They looked at each other, eyes lingering for a moment. Found out my middle name, did you?

 

 

Im very thorough, he said. Besides, it was on the court records.

 

 

She digested that for a second. Now were on the same team, you might as well call me Manny. Everybody does.

 

 

Not Philly?

 

 

Not, she said, if you want to keep your teeth.

 

 

* * *

They ordered more coffee. She told him about her trip to the Academie and how fruitless it seemed to her. Interesting about the hospitals history, but not a word about Lyons.

 

 

Maybe thats interesting in its own way. Significant.

 

 

It
is
strange. There are files for other patients from around the same time. His is missing.

 

 

Stolen, you think? Destroyed?

 

 

Could be. Patrice said you found the remains. You and a Dr. Harrigan, who seems to have since died. Anything significant about them?

 

 

He wondered if she was mocking him, but her tone and expression were serious. The sparring they had engaged in earlier had ceased in the face of their mutual cause. Lots, he said. For one thing, we made a positive identification through the dental records. But you already know about that.

 

 

What about the cause of death?

 

 

Fracture of the second cervical vertebra.

 

 

The hangmans break.

 

 

O-ho! How did you know about that?

 

 

The history of lynching intrigues me. Im a collector of those moments when the courts have bestowed their imprimatur on the immoral. Keeps me from being too reverent about our legal system as if I ever was. She leaned forward. How can you be sure his neck didnt break when the body was dumped into the grave?

 

 

Because when we looked under the microscope we saw iron, the residue of broken-down hemoglobin. That means there was bleeding at the fracture site, which in turn means

 

 

That he was alive when it happened. Do you think he couldve been hanged?

 

 

Its possible. But given that he was in a mental hospital, I think theres a likelier explanation. The broken neck could be a consequence of electroshock therapy.

 

 

She shuddered involuntarily. Brutal.

 

 

Years ago, if they used too much current and didnt administer a muscle relaxant or the staff wasnt trained right it happened. I can show you examples in the museum at the MEs office.

 

 

Ill pass. She swirled her tiny spoon in the espresso cup. What gets me is that no one cared about his death. The court system only worries about statistics, how many cases the judge has closed.

 

 

He shared her cynicism. Careless autopsies, sloppy evidence, false testimony these had always influenced courts, which didnt seem to give a damn when the errors were discovered.
Case closed
all too often meant
case closed forever.
Look, he said, you and I know this wasnt a natural death. It should have been reported to the medical examiner, but it wasnt. It should have been reported to Lyonss wife, but it wasnt.

 

 

Do you think the legal systems concerned about truth, justice, and fairness? In my experience
no
! Mannys voice was so loud the kissing couple at the next table stopped to look at her.

 

 

Were not done yet. I havent even seen the X-rays. Dr. Harrigans secretary was supposed to forward them to me, but they havent arrived. Im not sure whats taking so long.

 

 

What about toxicology?

 

 

Harrigan was going to use an outside lab. Havent seen the paperwork, though.

 

 

Why didnt Harrigan let the hospital lab deal with it?

 

 

Because he didnt trust them. Regular hospital labs are notoriously bad at toxicology. Theyre set up to do testing of normal body chemistry; it stops there.

 

 

She pushed back her espresso cup. In the meantime, Ill try to run down Lyonss medical records. Maybe they overlooked some in the hospital before it closed. And Ill see if I can find anybody who knew him, in the hospital or before. Maybe some of his army buddies are still alive. I can also try to talk to the doctors who treated him, if I can find out who they are. Patrice will waive the medical privilege.

 

 

He looked at her sympathetically. You should hire an investigator. You must be busy.

 

 

I cant afford one. Losing Carramia wasnt pretty for me. I spent a lot of money on that case, and when you lose it doesnt get refunded. And new clients dont start running your way, either. Thank God for the Terrell settlement. Without it, Im reduced to last years clothes.

 

 

Jake shifted uncomfortably.
I wont say Im sorry she lost.
I can pay for a private investigator, if it would help.

 

 

Manny thought shed been reduced to a third-grader in Catholic school, sitting in front of her stern teacher, her hands folded in front of her. I guess you can afford it when you bill five grand for a day, she thought, her sassiness trumping softness. Thanks, but Id just as soon do it myself.

 

 

Youre really going up to Turner Hospital? Its a dreadful place. Better take someone with you.

 

 

But not you.

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