The camera cut to footage of me standing next to a tense James Dunn. My mother was seated between us, and to my other side, cut off by the camera’s tight framing, we could see one of Gail’s arms. Dunn all but speared me with the edge of the plaque and muttered a few words of congratulations before giving my hand a limp shake.
Coven’s voice continued in the background. “Ms. Zigman made headlines last month because of her insistence not to remain an anonymous victim of rape. Instead, immediately following the alleged assault, she organized and led a candlelight march on the courthouse to publicize her message that rape is only encouraged by the silence of its victims.”
The screen came alive with a phalanx of police officers escorting a manacled Bob Vogel from a heavily guarded van into an unidentified building, surrounded by a crowd waving placards and chanting.
“The missing figure in all this turmoil is the accused man himself. Robert Vogel, who was apprehended at the Harriman Reservoir immediately following the stabbing of Lieutenant Gunther-a bloody knife still in his hand-remains in high-security isolation at the Woodstock Correctional Facility, silent and defiant. Neither he nor his attorney, Thomas Kelly, have issued any statements to the press, nor have they responded to any inquiries made of them by News at Six
Tony Coven reappeared before us. “Off camera, State’s Attorney Dunn stressed that today’s ceremony honoring Joseph Gunther was a simple act of recognition for a public servant who came so close to paying the ultimate sacrifice. Dunn denied that his own tight political race, and the significant role this case might play in his reelection, had anything to do with the timing of the award. News at Six learned, however, that Gunther himself didn’t wish to be so honored and has asked that the presentation of his own department’s Medal of Honor be postponed until sometime after his return to work. For News at Six, I’m Tony Coven.”
Leo burst out laughing at my sudden celebrity status. “See that, Joey? You’re a hero.”
But my eyes were on Gail as she pushed herself violently out of her chair and marched out of the room, her back and shoulders stiff with anger.
I patted Leo gently on the back as I moved around him. “Be back in a sec.” I followed Gail into our bedroom. She’d already pulled her canvas bag out from under the bed and was filling it helter-skelter.
She didn’t look up as I entered. “I’m going back to Brattleboro.”
“Could we talk?” I asked, keeping my voice soft.
“What about? You’re doing fine, and I need to get back to work.”
“Neither one of us is fine, Gail. We need to sort this out.”
She packing and stared at me. “What are you doing with those files upstairs? And don’t give me that ‘I wanted to look it over again’ crap. I know you better than that.”
I could feel my face flush. “It was my case. There were some details I wanted to review.”
“What details? Are you having problems with what happened? Is it becoming an ‘alleged’ assault to you, too?”
Her anger was white-hot and all-encompassing, but instead of easing it as I should have, I bristled in turn, finally reacting to a stored-up critical mass of pain and self-denial. I ignored groping for an appropriately soothing response. “We both know you were raped, Gail. But it’s my job to make sure Vogel did it. I’ve got to make sure we go into that courtroom with a rock-solid case. You’re not the alleged victim-he’s the alleged rapist.”
“He stabbed you, for Christ’s sake, and he raped three other women,” she shouted, her fists clenched by her sides. “Isn’t that enough? Why do you have to pick at everything? That bastard is guilty, Joe-let the son of a bitch hang.”
“I’ll let him hang when I believe he did it.”
She stared at me for a moment and then returned to her packing. “Go away, leave me alone. Wrap yourself in your mother and Leo and your hero’s halo, and let me get on with my life.”
I caught my breath, stung by her reckless, damaging fury. Despite my sympathy for her plight, I was astonished at what it had suddenly unleashed-in both of us.
I left the room without comment.
Twelve hours later, I was in the hospital, back under the knife.
Reacting to both Gail’s blistering departure and my own growing reservations about the case, I’d pushed my training too hard. Consciously, the point had been to get better faster and return to the job; subconsciously, I wasn’t so sure, although the looks Leo gave me as I sat writhing in agony on the way to the hospital told me he wasn’t in any doubt.
My injury was not severe-a small internal tear, easily remedied. But it ensured a few more days in a hospital bed and took a few notches off the hard-won gains I’d made so far. More important, it put me out of action just when I most wanted to get moving. Tony Brandt’s call, a day later, made me regret my setback all the more.
“Dunn and Kelly had the status conference yesterday. Kelly asked for a speedy trial-standard enough-but it looks like he’s going to get it. They have a judge and an out-of-county jury all lined up. The trial’s set to begin in three days.”
It took me a moment to digest what he’d said. A criminal trial, especially a major one, never came up this soon after arraignment. It could in theory-assuming both the prosecution and the defense agreed-but it never actually happened in practice. Not only were delaying tactics so common they’d become routine, but judges and courtrooms were at a premium, booked for many months in advance.
Normally, as a beleaguered cop who constantly complained about a snail-paced system, I would have been elated for all concerned. Given my newfound qualms, however, this was lousy news. “How come?”
“There was another change-of-venue case scheduled for the end of the week, complete with judge and courtroom, but they settled out of court about an hour before the status conference on the Vogel case. When Kelly demanded a speedy trial, the clerk offered it as a possibility-almost as a joke. He took it.”
“So it’s definite?”
“Dunn couldn’t argue the point. He’d already said he was ready, and if he backed down now, he’d have a hell of a time explaining why. From what I heard, though, he went ballistic when he reached his office. He’s convinced Kelly’s got something up his sleeve.”
“What do you think?” I asked cautiously.
“I’m not sure anymore. I’ve never seen anything like this. One thing I do know is that the judge’ll be Waterston, from the old if-she-was-dressed-like-that-she-was-looking-for-it school. Maybe Kelly’s pinning his hopes on that.”
I didn’t buy it. The judge would probably be a factor in the defense theory, but I respected Tom Kelly’s abilities enough to know there must be more to it. “What about their witness list? Who do they have?”
Brandt’s voice rose a note. “That was another surprise. Vogel’s the only one on it, which means Dunn can’t depose him, since he’s also the defendant. But Dunn may not even get to cross-examine him, since Kelly isn’t obligated to put him on the stand, so the prosecution’s got no way of knowing what strategy they’ll be fighting. Kelly could claim his client’s innocent, or that he was insane at the time… He could even claim it was consensual sex that got too rough. Whatever he chooses, he’s got Dunn in a pickle, since he won’t be calling witnesses till after the prosecution’s shown its hand.”
“Has Kelly deposed anyone?”
“Gail’s the only one he’s listed. You might warn her that he’ll be calling her soon.”
“She’s gone back to Bratt.”
I could hear him evaluating the tone of my voice. “I’ll let her know,” was all he said finally. “How long are you going to be on your back?”