But Hardy jumped all over that. “No, no, no. Nothing like that. I’m not talking about making up a story. Just if what actually happened might change an argument or something.”
“Well, whatever you’d want.”
“You want to set a time? Give me an hour?”
“Sure. When?”
“Tonight, tomorrow night? Call Phyllis at my office and she can set us up. You okay with that?”
“Of course.”
“Good. So now if you’ll excuse me”-Hardy indicated the courtroom behind him-“Her Highness awaits.”
Upstairs, Glitsky let Bracco and Schiff into his office, closed the door behind them, and walked around his desk to his chair. He had hot tea in his SFPD mug and he pulled it in front of him and cupped his hands around it.
Not that he was cold.
He felt he needed a prop-something immediate and proximately painful-to take the edge off his main emotion at the moment, which was a fine amalgam of embarrassment, disappointment, and fury. As a further subterfuge-to all appearances this was simply a chat about procedures-he’d bought a couple of Starbucks frou-frou coffees downstairs and had put them on the edge of his desk in front of where his inspectors were sitting.
Schiff pretty obviously hungover.
And now, motioning to the coffees, Glitsky said, “I hear those are great. Orange macchiato, or something like that. Treya swears by ’em.”
Bracco reached forward, took a cup, removed the plastic top. “Thank you, sir.”
“You’re welcome. Debra?”
She raised a palm. “Maybe in a minute, thanks.”
The tension among the three of them taut as a wire.
“Are you feeling all right?”
A brisk nod. “Little bit of a rough night is all.”
Glitsky kept his eyes on her. After a minute he sipped his own tea. “It takes some getting used to, but you can’t let that stuff get to you.”
She didn’t reply.
“You have a tough day of testimony,” Glitsky said, “it’s part of the job. Comes with the territory. You shake it off and do better next time. At least that’s my experience. The coffee might really help.”
Schiff sighed and reached for the cup.
“Of course,” Glitsky continued, pressing his hands around his mug, focusing on the heat in his palms, “it’s preferable if you make sure your evidence is rock solid before you’re stuck with explaining something that might not make much sense.”
Schiff, her mouth set tight, let a long, slow breath out through her nose. She left the paper coffee cup where it sat on the desk and straightened back up in her chair. “It made perfect sense, Lieutenant. People have been known to cover their tracks, and she did. It doesn’t mean she wasn’t there.”
“No, of course not.”
“In fact, she was there.”
“Well, in fact, to be precise, she may have been at the front door.”
“She was at the front door, Abe. Her fingerprints and DNA say so.”
“That’s true, sir,” Bracco said.
Glitsky’s eyes went from one to the other. “All right. Still, the Preslee count isn’t too wonderful, is it? If it wasn’t for Vogler, in fact, you and I both know it wouldn’t have been charged. Why do you think that might be?”
Schiff wasn’t backing down. “Like I said, she planned it and pulled it off. And let me ask you something. Did you get your take on this from your friend Mr. Hardy?”
The scar through Glitsky’s lips went a little pale in relief. “I’m going to pretend I didn’t hear that, Debra. It’s way beneath you, and maybe just a result of how you’re feeling this morning, huh?”
“I’m feeling fine.”
“Good. Because I did want to ask you both about something. Never mind your write-ups or your testimony or what Maya Townshend might or might not have done at Levon’s place, how do you, either of you, explain to me the complete absence of blood from any of her clothes or shoes or anything else you looked at? And before you start, let me give you my analysis and you tell me where I’m wrong.”
For the next few minutes Glitsky outlined it for his inspectors. He wrapped it up by saying, “And this isn’t a question of admissible evidence or lack of sufficient proof to convict. I’m talking here the actual fact of what happened.”
Schiff didn’t even hesitate. “The actual fact is she killed him. Her husband lied when he corroborated her alibi. Either him or the housekeeper. Happens all the time.”
Glitsky’s mug was tepid by now; it was failing to serve as a calming device. “You’re saying she got home, when, before she picked up the kids?”
“She might have. We don’t know.”
“But we do know, don’t we,” Glitsky replied, “what time she got the call from Preslee? Couple of minutes either side of two, right? And we know she picked up the kids at three sharp. So you’re telling me she gets this call at her house on Broadway, decides on the spot to kill Preslee, drives out to Potrero? And by the way, I did it this morning coming in. No traffic, city streets, twenty-two minutes one way. So anyway, she sits down and drinks some water and maybe smokes a joint with Levon, whacks him with the cleaver, then cleans up with a lot of care, and she’s got time to dump her blood-spattered clothes before she gets the kids?”
“She could have done it anytime that night.”
“So the husband knew about it?”
“Had to.”
Glitsky looked over at Bracco. “Darrel?”
No hesitation. “If she did it, and she did, Abe, then that’s what happened.”
While a part of him admired the loyalty of his troops to one another, Glitsky felt his stomach roil at this absurd display of professional obstinacy. He was all but certain from his earlier discussions that Bracco thought that they could’ve tightened up the case before the arrest, and that Schiff had acted precipitously, but Darrel wasn’t going to contradict his partner in front of his lieutenant, and that was all there was to it.
Never mind that their convictions flew in the face of the first law of criminal investigation-facts must flow from demonstrable evidence, and not the other way round, where the evidence is massaged or explained to fit a set of predetermined perceptions.
Now, knowing he was defeated in his primary objective-to get his inspectors to admit that they might be wrong, and might want to spend some of their time looking for who had really killed Levon Preslee-Glitsky let out a breath, gave up on his tea, and leaned back in his chair. “All right,” he said. “But I think you’ll have to admit it’s possible that the jury’s going to have a hard time with Levon. Can we go with that?”
“You know as well as me, Abe,” Schiff replied. “San Francisco juries have a hard time with guilt, period.”
“All too true,” Glitsky said. “And all the more reason to make sure we give the DA everything he needs every single time.”
“He’s got plenty here, Abe,” Schiff said. “She’s going down for Vogler. Even in San Francisco.”
“All right, fine, I believe you, and I hope you’re right. And you’re both confident you’ve built the strongest case you could on Vogler?”
Darrel was the first to pipe up. “Yes, sir.”
“Debra?”
“Absolutely.”
“Okay, then.” Glitsky pulled a small stapled stack-five or six pages-of computerized printouts over in front of him and flipped it open to the middle. “Then I’ve just got one last quick question for both of you. Who is Lee or Lori Buford or Bradford?”
The two inspectors traded glances with one another.
“Nobody,” Schiff said.
“Nobody,” Glitsky repeated. “But I see here a Post-it in the file with our case number on it and that name or one like it.”
Schiff, her own blood high by now, wasn’t hiding her anger. “You’re riding this one a little hard, wouldn’t you say, Lieutenant?”
“I’m in charge of this detail, Sergeant, and in my opinion, this case we gave the DA is about halfway down the tubes because we just didn’t quite have enough evidence when we made the arrest-correction, when you made the arrest. And you want my opinion, we’re still a damn sight light on Vogler. And if this nobody happens in fact to be somebody you guys in your zeal to arrest just plain forgot to include in your write-ups or reports and who might actually help the DA get a conviction on this Townshend woman, then it’s my job to point that out to you. Either of you got a problem with that? ’Cause if you do, we can take it upstairs and have a discussion with the chief. How’s that sound?”