“Based on what?”
“Body temperature, largely.”
“What about the stomach contents?”
“Doesn’t narrow it down. She was killed five or six hours after eating what appears to be a Cobb salad.”
“What about pizza?”
“What about it?”
“Was there any in the stomach contents?”
“Nope. Just salad.”
“There’s no chance she had a slice of pizza shortly before she died?”
“No, there isn’t. I can’t speak for the gentleman involved. He only had a blood test.”
Dino had barely hung up the phone when it rang again.
It was Herbie.
“Dino. Thank God. I went back to my apartment to get clothes for court.”
“You’re still going to court?”
“Yeah, yeah. Listen. I had a voice mail on my cell phone, came in about midnight last night. It said I better lose the court case because they had my girlfriend.”
Dino blinked. “Is that right?”
“There was no number, just the message and that’s it.”
“Midnight last night?”
“According to the voice mail.”
“That makes no sense at all.”
“No kidding.”
“Go to court. Act as if nothing happened. Let me handle it.”
“How can you handle it? What is there to handle?”
“Let me worry about that. You just get ready for court.”
Dino hung up and called Stone. “I think Herbie’s losing it.”
“Can you blame him?”
“No, he just called me and said he got an anonymous phone call saying his girlfriend’s been kidnapped.”
“What?”
“I know, it makes no sense. He said they threatened to kill her if he doesn’t lose the case. Do you think there’s a chance Yvette’s death had to do with the case after all?”
“How would the con man fit in? And why would they make the threat after she’s already dead?”
“I have no idea.”
“Well, I wish I could be more help, but I have to be in court.”
“You seen the New York Post?”
“Why?”
“It’s on the front page. Lawyer’s girlfriend murdered. You can bet at least half of the jurors will have seen it.”
“Does it mention Herbie?”
“Says he was questioned as a suspect. The fact that the police are now looking for another suspect didn’t make the cut.”
“Has Herbie seen it?”
“He didn’t say. But he had other things on his mind.”
Stone sighed. “Oh, Christ. He’s probably the only one in New York who hasn’t.”
65
Stone Barrington arrived at court to find Herbie there already.
“Are you all right?” Stone said.
“No, but I managed to tie my tie. This morning I’m a nervous wreck.”
“I can take the cross.”
“What does it matter? If I don’t dump the case, they’ll kill my dead girlfriend.”
“Dino told me. He’s on it. We need to concentrate on winning this case.”
“Are you saying I can’t?”
“I’m sure you can if you’re not inhibited by an empty threat.”
The jurors were led in. It was clear from their posture that most of them had either read or heard of the story in the Post. Before the witness was returned to the stand, Stone Barrington stood up to address the court.
“Your Honor, I have a motion that should be made in chambers.”
Judge Buckingham glared down at the defense table. “We have already wasted a full day of the court’s time. I think we should proceed.”
Stone Barrington’s eyes twinkled. “Would you like me to make this motion in open court, Your Honor?”
Judge Buckingham could not think of a proper rebuke. “Attorneys. In my chambers,” he snapped, and slammed the gavel down.
When they were all assembled in chambers, Judge Buckingham said, “What is it now?”
“Your Honor,” Stone said, “the New York Post has a front-page story saying that Mr. Fisher’s girlfriend has been murdered, and that he is being questioned as a suspect in the crime. Under the circumstances, you can hardly expect the jurors to render a fair and impartial verdict in this case. I ask you to declare a mistrial, dismiss the jury, and postpone proceedings until we can impanel an impartial jury.”
“I had a feeling that was the motion you were about to make. The jurors have been instructed not to read or listen to any news stories relating to the crime. There is no reason to suppose that they have disobeyed the court’s order. The motion is denied.”
“The jurors wouldn’t know this article had any bearing on the case until they read it, Your Honor. At which point the harm would be done.”
“The only way to tell would be to question the jurors. If they didn’t know before, they’d know then. I’m not going to deliberately create a mistrial. I have already denied your motion. If you persist in pursuing this, you will be in contempt of court.”
Judge Buckingham turned on his heel and strode from chambers.
“What do we do now?” Herbie said.
“Relax,” Stone said. “I’ll take the cross.”
When the lawyers were back in court and Detective Kelly had been returned to the stand, Judge Buckingham said, “Does the defense have any further questions for this witness?”
Stone stood up. “The defense does, Your Honor.”
In the back of the courtroom, a tough-looking thug got up and walked out.
66
A cab pulled up to Cousin Lou’s house in Queens. Mookie got out, told the driver to wait, and went in.
Lou was asleep on the couch. Mookie gave it a kick. Cousin Lou woke with a start and sat up, rubbing his eyes.
“What the fuck?”
“Where’s the girl?”
“Upstairs.”
“How do you know?”
“She’s locked in.”
“When did you see her last?”
“This morning. I took her to the bathroom.”
“Let’s go.”
Cousin Lou led the way upstairs and unlocked the door.
Melanie was sitting on the bed. She sprang up when the door opened, but shied back when she saw it was Mookie. He walked in, took ahold of her chin, and twisted her face up to look at him.
“Who are you?”
She pulled away and glared at him.
“Come on, honey. What’s your name?”
“Melanie Porter.”
“You’re Herb Fisher’s girlfriend.”
“No.”
“No?”
“No.”
“But you know him.”
“He’s my brother’s attorney.”
Mookie’s eyes widened. “Really? Who’s your brother?”
“David Ross.”
A grin spread over Mookie’s face. “Is that so?” He jerked his thumb at Lou. “Lock her up. Call your cousin. I want at least two guys here at all times. Preferably three. And stay awake.”
As soon as he was out the front door, Mookie whipped out his cell phone and called Taperelli.
“I think we just hit the jackpot.”
Jules Kenworth digested the information. “Run that by me again.”
Taperelli spoke with glee. “We got the councilman’s daughter. We thought she was the lawyer’s girlfriend because he’d taken her out. We didn’t peg her as the councilman’s daughter because she’s got a different name — Melanie Porter. You wouldn’t know her father was Ross.”
“She’s the councilman’s little girl?”
“Yeah. Isn’t that great? As long as we’re holding her, the old man’s going to do what we want. Now you don’t even need a verdict. We just hang on to her until after the vote.”
“That works this time, for this vote, but I need Ross to approve everything I do. I want his kid in jail so he always votes my way.”