The Burning Man (30 page)

"Jessie's hair is blond. She has long blond hair."

Mi "Are you telling me that you didn't know a thing about this witness?"

Becky O'Shay shouted at Dennis Downes.

"Calm down, Becky."

"Don't you realize that our whole case depends on the theory that Harmon made up his story about seeing two people kissing at the entrance to Wishing Well Park? Didn't you hear me tell the jury during opening statement that there were never two people kissing at the park entrance, that the two people at the entrance were Sandra Whiley and the murderer, Gary Harmon?

Now, we've got two cute teenagers smooching at the pillars at eleven thirty-five. He is taller than she is, just as Harmon said. She swings away from him, just as Harmon said. And the girl has blond hair and was wearing jeans and a tee shirt, just like Sandra Whiley. Finally, we have Harmon eating biscuits and gravy at the Ponderosa without a drop of blood on him at midnight. The case is falling apart."

Downes shrugged his shoulders. "I don't know what to tell you. No one knew about Howell until he called Hale. It's just a bad break."

O'Shay clenched her fists in frustration. Then she sank onto her chair and sagged.

"I'm sorry I yelled, Dennis. I'm just tired. You go and interview Howell for me. See if you can get me something I can use on cross. Call me at home if you com@ up with anything."

Downes left and O'Shay stared at the stacks of pofic@ reports that covered her desk. Each one dealt with sorr aspect of the Harmon case. She had read through thin countless times, but she vowed to go through theiri again in hopes of finding anything that would help her, deal with Zack Howell's testimony.

Becky missed it her first time through because the clues were scattered around. A report here, a fragment of remembered conversation there. In fact, O'Shay did t all together until she caught sight of that afternot put I noon's edition of the Clarion lying unread on top of her filing cabinet.

Becky sat up, openmouthed. Then she rummaged through the police reports until she found the one she wanted. A surge of energy coursed through her as she reread it When she was done she placed several calls.

The people with whom she spoke confirmed her conclusion. Zack Howell and Jessie Freeman may have been kissing at the entrance to Wishing Well Park and Gary Harmon may have been sitting in the Ponderosa at midnight eating biscuits and gravy, but Harmon had also murdered Sandra Whiley and Becky could prove it.

Chapter TWENTY-FIVE.

The next day, Peter rested the defense case as soon as court convened, and Becky O'Shay called Dennis Downes as her first rebuttal witness.

"Sergeant Downes, you are aware that Dr. Guisti places Sandra Whiley's time of death sometime between 11:30 P.m. and 2:30 A.M.?"

"Yes, ma'am."

"And the body was discovered early on Saturday morning?"

Yes.

"Did the authorities know Miss Whiley's identity immediately?"

"No. We couldn't find a wallet or purse, so it took a while to identify Miss Whiley."

"When was the identification made?"

"After four that afternoon."

"How did you discover the identity of the victim?"

"Marjorie Dooling, Miss Whiley's roommate, saw a sketch of the victim in the afternoon edition of the Clarion and came down to the station house."

"No further questions."

"Any cross, Mr. Hale?" judge Kuffel asked.

Peter had no idea why Becky had asked Downes about the time of the identification so he shook his head.

"The state calls Martin Renzler."

Martin Renzler raised his hand and took the oath. He was tall and slender with wavy gray hair. Wire-rimmed glasses made him look studious. Renzler adjusted his suit jacket when he took the stand.

"How are you employed, Mr. Renzler?"

,I'm the managing editor of the Whitaker Clarion."

,is the Clarion the only daily paper in Whitaker County?"

"Yes."

"On the morning of the day that Sandra Whiley's body was found did you receive a request from Sergeant Dennis Downes of the Whitaker police?"

Yes.

"What was the request?"

"He told me that the body of an unidentified female had been found in Wishing Well Park. Sergeant Downes asked if the paper would publish an artist's sketch of the woman because the police could not establish her identity."

"Did the Clarion publish the sketch?"

"We ran the sketch on the front page."

"When does the paper hit the streets?"

"I checked our records. The earliest the edition would have been out in the community is 2:30 P.m."

"Nothing further," O'Shay said.

Something Peter had read in a police report began to nag him. It had been a short report. Something about ... about ... "The state calls Harry Diets."

As Peter thumbed through the huge stack of reports, an overweight, thirtyish man in a business suit walked quickly up the aisle and was sworn.

O'Shay established that he was the manager of KLPN, the local television station. Diets had also been contacted by Dennis Downes.

"Mr. Diets, did you broadcast the police sketch of the murdered girl?"

"We did. In fact, we made it part of a special bulletin and slipped it in at 3 P.m because our next regular newscast is at S."

Peter found the report he was looking for just as O'Shay called her next witness. As Wilma Polk walked to the witness stand, Peter read her statement to the police. By the time she had sworn to tell the whole truth and nothing but the truth, the reason she, Diets, Renzier and Downes had been called to testify dawned on Peter.

As she testified to her recollections of the Harmon-Mancim wedding reception, Peter felt a sick, swirling feeling in the pit of his stomach.

Ulu you learn about anything unusual that had occurred in Whitaker on the morning of the wedding?" the prosecutor asked.

"My husband, Eric, is a policeman. He was 'called out early. When he came back, he told me that a young woman had been murdered in Wishing Well Park."

"Did you discuss the murder with Mabel Dawes, a friend of yours, at the wedding reception?"

"Yes, I did."

"Please tell the jury what happened while you were talking to your friend."

"We were at the food table. Gary Harmon walked over. He had a plate of food. I remember that, because it was piled very high and I was afraid some of the food in ight fall off.

"Gary seemed very interested in the murder. I remember Mabel saying that she would hate to be the person who had to break the news to the parents."

Did the defendant say anything to you at that point?"

"Yes. Yes he did."

"What did he say?"

"He told us that the girl had been at the Stallion the night of the murder."

Peter paled as he anticipated Becky O'Shay's next question and the answer he knew Wilma Polk would give.

"Do you remember when this converation with Gary took place?"

Harmon 6"Oh yes," Wilma Polk answered with a vigorous nod.

,We were due at my daughter's house at two. My grandson, Kenny, was having a birthday party. He's three."

"And the time?" O'Shay prodded.

"it was one-thirty. Eric said we had to hurry because the birthday was at two and it was already one-thirty."

"One-thirty," O'Shay repeated. "And you're certain of that)"

"Oh'yes, because I looked at my watch. Eric said it was one-thirty and that was exactly what my watch said."

Donna had stayed up until after midnight going through the investigative reports again, after Peter left the Harmon farm. The first job Peter gave her was to use a stopwatch while tracing the possible paths Gary could have followed on the evening of the murder so Peter could set up a time chart of Gary's movements. While she was making a list of all the routes she would have to walk, she noticed that she would be near the house where Sandra Whiley had lived with Marjorie D ling.

The boardinghouse was a yellow, two-story Vict nan with white trim. The lawn was neatly tended, but the front porch needed painting. A middleaged woman answered the doorbell.

"Good afternoon," Donna said nervously. "Is Marjorie Dooling in?"

"I believe so," the woman answered pleasantly.

"Who should I tell her is calling?"

Donna hesitated before identifying herself. She wondered if Dooling would recognize her last name and refuse to see her. After a moment's reflection, she decided that it was best to be honest.

Donna looked around the entry hall while the landlady went upstairs. After a minute, Donna heard the landlady knock on a door on the second floor and call out "Marge." A few minutes later, the landlady descended the stairs followed by a girl wearing a Grateful Dead concert tee shirt and cut-off jeans. Her brown hair was cut short. Donna recognized J her because she had seen Mar'one Dooling testify.

J "Ms. Dooling, I'm a private investigator working for Peter Hale."

Dooling looked surprised. "You're an investigator?"

"Just for this case," Donna explained nervously.

"Most of the time, I'm a legal secretary."

Suddenly, Dooling's brow furrowed. "Isn't Hale the lawyer representing the ... the man who killed ... ?"

"We don't think he killed anyone "I've already talked to the cops. They know your client killed Sandy. They told me he confessed."

"The police can make mistakes. They're making a big one in this case."

"T E:i "Right."

"Look, all I'd like to do is ask you a few questions 71d about your friend.

If it wasn't important, I wouldn't take up your time."

Dooling worried her lower lip for a minute. Then she said, "All right, but can you make it quick? I'm studying for a test."

"I promise I won't be too long."

"Come on up to my room."

Dooling's apartment consisted of a large living room, a bathroom and two bedrooms. The living room walls were decorated with framed posters. Dooling sat on an old couch. In front of her was a low coffee table covered with textbooks and an open loose-leaf notebook. Across from the couch was a TV and a CD player. Two old armchairs made up the rest of the furniture in the living room. Donna took one of the armchairs and opened her notebook. She noticed that the door to one of the bedrooms was closed.

C, that Sandra Whiley's room?"

Was "Yeah," Dooling answered quietly.

"Do you miss her?" she asked.

Dooling gave the question a lot of thought. -we weren't super close, but she was nice. I guess I do miss her."

"Can you tell me a little about her?"

"She was quiet. She was a good listener, too. I could talk to her, if I had a problem."

"Did she date?"

"A little."

"Do you think she might have been killed by someone she dated?"

"The police asked me the same question. I only met a few of the guys she dated. None of them seemed like the type who would ... You know."

"How did you two meet?"

"Both of us were working our way through school by waitre ssing at Clark's.

We got friendly and decided it would be cheaper for both of us to share my place."

"Marjorie, can you think of anything unusual that happened around the time Sandy was killed?"

Dooling looked a little nervous. Then, she sighed.

"I guess it can't hurt now, and I already told the D.A. Sandy used drugs. A few months before she was killed, I started worrying that she was getting in too deep, but she wouldn't listen to me."

"What drugs are we talking about?"

"Cocaine."

"What did you mean when you said she was getting in too deep?"

"She didn't always use coke. Not when I met her. I mean, she may have experimented with it, but mostly it was grass'. I started getting worried when the coke became a regular thing. I think she was seeing someone who turned her on to it. She was staying in her room a lot and skipping classes. She said everything was okay, but I didn't believe her."

"Was this around the time of her death?"

"Actually, right around the murder I began thinking maybe she was trying to quit. She was acting different.

She seemed scared of something, too. She was locking W the door and not going out at night as much."

"Did Sandy have family? Someone she might have talked to if something was bothering her?"

"I don't think she was close with her folks. They're divorced and she didn't see them much."

"What about at school? Did she have friends other than you?"

"There was a girl in some of her classes. Annie something."

"Do you have a phone number or address for this Annie?"

"No."

"You mentioned that Sand seemed scared. Was it of y J anyone in particular?"

Dooling hesitated. "There was a guy."

"Do you have a name?"

"No. But I know he scared her."

"Can you describe him?"

"I only saw him once from the upstairs window. He ca the to pick her up and he stayed in his car."

Donna asked her some more questions about Whiley's interests, her courses and her personal life.

When Donna noticed that Dooling was glancing at the clock and her schoolwork, she stood up.

"Thanks for talking to me. I'm sorry I bothered you, but this has been helpful." Donna handed Dooling the business card of the lawyer for whom she worked with her name handwritten on it. "If you remember anything else, please give me a call."' Donna waited until she was outside before taking a th. She was nervous, but she decided that her deep brea first interview as an investigate r had not gone too badly.

She just didn't know if anything Dooling said would be of use to Peter.

The guard closed the door to the interview room and Gary sat down across from Peter. There was a dull smile on Gary's face. He started playing with the end of his tie. Peter shook his head. His client was totally oblivious to the havoc that had been wreaked on their case by the state's witnesses, but Wilma Polk's testimony had put Peter into a state of shock.

"I want you to listen up, Gary."

"Okay.

"I have a very important question for you and I want ou to think before you answer it. Can you do that for y me "Sure."