Now they sat on high stools, sharing a tiny two-top in the front window, the only two customers, eating shrimp and pork and no sign of souvlaki lo mein à la Lou the Greek’s. A good thing.
“So what’s her story?”
Hardy chewed and listened while Hunt laid it out. For all of its simplicity the implications, Hardy realized, might be enormous-nothing less than a complete restructuring of the theory of the case. More importantly, there was no set of facts he could imagine that would be consistent with Maya having been involved in this two-shot scenario.
“No,” he told Hunt, “think about it. There’s only one shot from the supposed murder weapon, right? Right. So what did she do, shoot once-at what? Dylan? Some kind of warning shot? Unlikely. But the main thing is if there’s that second shot from the one gun, the magazine would have been light two bullets, and it wasn’t, just one. And to get back to that one, she would have had to reload. And that’s just plain absurd.”
“Stier’s going to say it didn’t happen, period. He’ll even use your own argument of no evidence. No second casing, no second slug, no nothing. It didn’t happen. It was a backfire.”
“Yeah. Right. I know. But let’s pretend for a minute.”
“All right. So what do you see?”
“Got to be two guns.”
“Two?”
Hardy, into it, put down his chopsticks. “Whoever came to shoot Dylan had his own gun and knew Dylan carried, so he stuck him up at gunpoint for the other gun first.”
“Why? Why didn’t he just shoot him, bang?”
“He knew him. Maybe first he thought they could talk it out, whatever their differences were. Maybe Dylan tried to stall him somehow.”
“So they had a meeting planned? With Maya too?”
Hardy shook his head. “I don’t have that one figured yet. How would this woman, the one you saw tonight-”
“Lori.”
“Right. How would she be on the stand?”
“Pretty good, I’d say. Sincere and smart. Knew exact times for the shots and remembered the day and date even after all this time. She’s no dummy, Diz.”
“So. What is it? Did Stier just not believe her? I mean, why leave her out up front instead of trying to find some way to explain her story? And, PS, it’s pretty easily explained, as you’ve already done about a minute ago.”
“He might not have known about her.”
“Till when?” Then Hardy pointed a finger, recalling the tense lunchtime gathering at Lou’s with Glitsky and Jackman and the inspectors. “Maybe lunchtime today, huh?”
“The thought crossed my mind, to be honest.”
“This could do it,” Hardy said. “For the verdict, I mean.”
Hunt popped a shrimp. “It might,” he said, then cocked his head with a question. “Is there something else? Besides the verdict?”
“There’s who really did it, Wyatt. If it wasn’t Maya. And if there were two guns…”
The idea set back Hunt in his chair. “Well, now,” he said, and stared out the window into the misty street. “An innocent client? Wes swears that never happens in real life.”
“I know. He’ll be devastated, but he’s been wrong before.”
After a minute, Hunt came forward again, elbows on the table. “But so, on the other thing, I’ve been dying to know what you found out.”
“What other thing?”
“Tess Granat? The hit-and-run? I Googled it after lunch.”
“Thank God for Google,” Hardy said, really wishing that Hunt hadn’t brought this up again. “Everything that’s ever happened, there it is.”
“Except Dylan Vogler. His early life, at least.”
“What do you mean?”
“I mean that except for the few days right after he got shot, I think our friend Dylan might be the only human being Google hasn’t found and chronicled.”
“You looked?”
“Diz. Google’s half my life, maybe three quarters. It’s where you look first. Which brings us back to Tess Granat, who was very real and very chronicled. So what’d you find out?”
Hardy picked up his tea and blew on it. “Nothing.”
“Nothing? She wouldn’t say, or what? Even if she wasn’t involved, she must have known all about it.”
Hardy could see there wasn’t anything to do but come clean. “It was a privileged conversation, Wyatt. I can’t talk about it.”
Hunt broke a smile. “Diz. Dude. I’m your investigator. I’m covered by the privilege.”
“Well, just because I can tell you doesn’t mean I should. And don’t think it doesn’t break my heart.” Hardy put his cup down, moved on. “But, listen, I don’t know if we’re going to need that anyway. This Lori Bradford, as I said, might do it all by herself. We’ve got to get her subpoenaed.”
“As our witness?”
“Absolutely. And ASAP, I think.”
Hunt took a small notebook from his jacket pocket and made a note. “I’ll have Craig come by your office for it in the morning.”
“That’ll work,” Hardy said. “I’ll make one out first thing and leave it with Phyllis. Give the boy some meaningful labor, work through his problems.”
“Well, I’m hoping he’s over them. Kids, you know. Love.”
“I’ve heard of ’em both,” Hardy said.
“Anyway, if Craig doesn’t show, I will. Don’t worry. And I got Lori on tape tonight, anyhow, for what that’s worth. It’s back at the office, locked up.”
“Excellent.” Hardy put away the last bite of pork and looked at his watch. Quarter to ten. Blowing out heavily, he shook his head. “Sometimes I think I’m getting too old for these things anymore.”
“Trials?”
“Not just trials. Murder trials.”
“I thought they were the fun part, when lawyers felt most alive.”
Hardy gave him a look. “Uh-huh. Only in the sense that when you’re suffering, at least you know you’re alive.”
“Well, there you go.”
“There you go,” Hardy said.
But suddenly, Hardy realized as he was driving home that the confluence of the two new facts he’d only discovered today-the two-shot scenario at the alley behind BBW, and Maya’s involvement with the death of Tess Granat-had, much against his will and inclination, pushed him not just over the line into doubt about his client’s guilt, but into a near certainty that she might in fact be innocent.
The key element regarding Tess Granat, which he and Hunt had hinted about at lunch today, was simple and yet profound. Dylan Vogler had known about the accident and had been blackmailing Maya about it since he’d gotten out of prison. Hardy could believe-and in fact had believed-that his client had all the motive in the world to have killed Dylan. She’d also had means and opportunity.
What had changed in the Tess Granat scenario, which had the rather significant advantage of being true, was that to Hardy’s mind, it completely eliminated Levon Preslee from the picture. He’d already gotten his one favor, his job, from Maya, and maybe even through Dylan. But that had evidently been enough. That job had worked for him, for a new start on a different life. And in any event, that favor, or whatever it was, had been years before. There was no record or even sniff of a record that Maya had seen or spoken to him in eight years before she suddenly went over to his apartment on the day he was killed.
Again-why?
Because Levon had called her?
In just the same way that Dylan had called her?
Or had someone else called her? Either or both times?
Someone who was connected to both Dylan and to Levon in the present, and who might have had dealings with them in the past as well?
Paco.
33
At ten-fifteen, long after everyone else except the downstairs guards had left the building, Harlen Fisk sat holding a Glock.40-caliber semiautomatic weapon, the twin to his sister’s, in his office upstairs in City Hall. Harlen had bought both the guns at the same time, while he was still only a couple of years into his service with the police force. As was the custom, when Glock came out with the new model, they’d offered it at a discount to active-duty cops, in the hope that cops would come to favor the gun and entire cities would order it as the on-duty weapon for their police force. In fact, he’d insisted on buying Maya’s for her after they’d had an early robbery at BBW. You needed a weapon if you owned a store in the Haight, even if you weren’t planning to use it. It was good for peace of mind.