Carr and Kelly sat without speaking.
Blair picked up an expensive-looking fountain pen and made ink dots on the yellow pad. When he spoke again his voice was softer.
"We have to keep in mind that there isn't even a murder weapon. Although the coroner could testify that Rico was killed with shotgun pellets, we can't actually tie Ronnie to a murder weapon. Ya know? All you saw him carry into the room was an attaché case, and he obviously took the weapon with him when he escaped. The final problem with the case is that it will be your word against his. You will be open to a tough cross-examination as to how you recognized him as the person who walked into the room, excluding all other persons who may look like him; et cetera, et cetera, et cetera. Ya know? This guy may even have a brother to bring into court that looks like him. Do you see what I'm getting at? The case is weak. I don't think we can get a conviction on murder or assault on a federal officer, and there is no other physical evidence of other crimes except the sample counterfeit bill he gave Rico. And that is inadmissible as evidence because Rico is…uh…not here to testify about it. Ya know?" He looked at his watch.
"If we find the shotgun, what kind of a case will we have?" Carr said, looking at Kelly.
"Not too good," Blair said flatly. "There is no way we can tie the shotgun to the crime. It's not like a pistol; ballistics doesn't do us any good with shotguns. Even if you find the shotgun, there's no way to prove it was the shotgun that killed Rico. Shotgun pellets are shotgun pellets. Ya know? It's too bad it wasn't a pistol. The case, as it stands, is almost non-prosecutable. This is a fact you will have to accept…I know how you guys feel, but that's it. Ya know?"
"We'll try to dig up some more evidence through our surveillance." Carr stood up. So did Kelly.
Blair rolled his fountain pen between his hands, making a clicking sound each time it hit his oversize college ring. "Ya know it's not that I wouldn't like to give you a warrant, but there's no use arresting somebody we can't take to trial and convict. Ya know?"
They walked out of the room.
"I'm glad you held back," Carr said to Kelly.
"I'm not," Kelly said. "When I was in the police department years ago, we had a deputy district attorney like him. He refused to give my partner a complaint on a guy that slapped him in the face. The D.A. said it 'wasn't aggravated enough'; therefore it wasn't really a crime under the penal code. You know what my partner did? He slapped the D.A. in the face and knocked him clean out of his chair. You should have seen the uproar." Kelly laughed so loud the secretary put a finger in her ear so she could hear the phone.
The elevator door opened.
"What happened to your partner?" Carr said.
"Six months without pay and lost a stripe. But he always said it was worth it to him."
"A couple of years from now Blair will go into private practice and be thinking up phony defenses for his clients just like the ones he was telling us about."
"How did he ever get into the U.S. attorney's office?" Kelly said.
"Ever heard of Blair's Restaurants and Pastry Shops? Daddy Blair was invited to the inauguration."
"Oh!"
The elevator door opened.
On the way to Hollywood, Kelly insisted they stop on Alvarado at Calhoun's Hot Dog stand. Carr placed the order while Kelly pulled napkins from a dispenser and stuffed them in his pockets.
A short, fat black man wearing a sweat-stained chef's hat wrapped everything to go. He set canned Cokes with the food in a small cardboard box and shoved it across the counter to Carr.
"Stakeout. Right?" said Calhoun.
"You guessed it," Carr said. He tried to hand Calhoun money.
The chef's rough-looking hands made a practiced "on the house" gesture. "That old Howard Dumbrowski…I bet he was a good man for stakeouts," he said.
"He sure was." Carr nodded.
Calhoun leaned on the counter with both arms. "Once, Howard Dumbrowski and me was sitting at that table behind you chewing the fat. It was late at night. Howard was on his way home and stopped for a coupla dogs. Hot damn if a lady don't get off a bus across the street and some six-foot-three mutha fucka snatches her purse and knocks her down. You could see she was hurt. Old Howard come off from the table like O. J. Simpson. He was across the street and had the mutha fucka by the collar before he got fifty feet. You could see the old lady had a busted arm-the bone was sticking out. I called an ambulance quick's I could." He smiled, showing a gold front tooth. "Course by the time it got here, I had to call another one for the purse snatcher. Howard was making these little screams with every punch. Had tears in his eyes. Like he was getting his nut or something. Beat that dirty mutha fucka up and down that sidewalk. AR types of inspectors and shit came around the next few days. I told 'em that mutha fucka attacked Howard first and Howard just defended hisself " He lowered his voice. "The way I seen it, the purse snatcher attacked Howard's fists with his head and stomach." The black man slapped a hand down on the counter and gave a high-pitched laugh that could be heard for half a block.
NINETEEN
Using one hand to shield his binoculars from the sunlight, Carr watched Kelly as he crept past the front door of Red Diamond's apartment. It was on the second level of an unkempt avocado-colored apartment complex that was a copy of ten others on the block.
Somehow every apartment house in Los Angeles looked the same: stucco, carports, and Dempsey Dumpsters.
Kelly got back in the driver's seat. "He's living there. His name is on the mailbox. I think he's home. I think I heard a radio on inside." He opened a pop can and used the liquid to wash down a hot dog, which he devoured in four bites. He licked his fingers one by one and leaned back in the seat.
Carr continued to use the binoculars.
"He should have given the guy a dollar and told him to go find a better piece of ass," Kelly announced.
"Who?"
"Howard. That's what he should have done when he walked in on his old lady. He should have just taken a dollar out of his wallet, given it to Joe the Grinder, and walked out, instead of blowing her away like he did."
"You're right," Carr said. "But that's just the way Howard is. He couldn't help himself any more than Freddie Roth could hold back if he's near a printing press and somebody offers him ten points on the dollar. Same with Rico's murderer. He'll keep going until he's stopped…"
"Imagine us sitting here talking about old Howard as if he's a criminal?" Kelly said. "If he could hear us, he'd knock our heads together like two coconuts."
"He probably would," Carr said. He laughed.
Kelly closed his eyes for a few minutes. "Listen," he said without looking at Carr. "I know I'm always the one to say the wrong thing at the right time, but there's something we should work out."
"Shoot," Carr said.
Kelly wiped his hand on his shirttail and tucked the shirt back in. "I see the whole thing like this. From what the mushhead U.S attorney said yesterday, it looks like once we find Ronnie, he is going to walk. If we arrest him, he goes to trial and beats the rap. He will have killed Rico for free. Blair is a hundred-percent right. The jury is going to be made up of a bunch of housewives who watch TV soap operas. When the judge instructs them on reasonable doubt, they are going to say, 'Gee whiz, there must be reasonable doubt because I can't imagine anyone being mean enough to blow somebody's head off.' I can see it now."
"You may be right," Carr said.