"I don't know 'bout that, Diz. She might'a been sleepin' at the exact time. But otherwise, in terms of was she in a conscious state? I'd have to say pretty much yeah."
Everyone seemed lost in private thoughts. The DA simply moved his head up and down, up and down. Finally, he stopped. "Mr. Farrell, I want to thank you for coming to this early call. I expect we'll be hearing from you in the near future. I appreciate your cooperation."
It took Farrell a moment to realize that Jackman was telling him to leave. When it clicked in, he was gracious about it, thanking the DA for thinking to invite him, then Strout for his efforts and Hardy again for his.
Strout spoke up, as well. "If you don't need me, Clarence, I got a feelin' I'm lookin' at a busy day, and I'd best get on with it."
After the two men left, Jackman stood and came around the front of his desk, then boosted himself up onto it. "Diz, we're sharing information with you on Markham and you're the man responsible for bringing Mrs. Loring to the attention to all of us. We're grateful to you. But we still expect your client to testify fully before the grand jury. Especially in light of this list he provided for us, which opens its own can of worms." He looked around to Ash and Glitsky, to the two inspectors by the back wall. "If anybody wants Mr. Hardy to step outside, I'm sure he'll understand."
But nobody said a word. Jackman gave it another few seconds, then turned to Glitsky. "All right, Abe, we all know that this throws some kind of a wrench into Markham. How do you propose we proceed?"
When Hardy came in, David Freeman looked up from the no doubt brilliant brief he was writing longhand on his yellow legal pad. "Ah, Mr. Hardy," he said with pleasure. "Come in, come in." He had half of an unlit cigar in his mouth. The top button of his shirt was undone, his tie so loose it was barely attached. Hardy thought it might have been the same tie he'd been wearing yesterday, the same shirt. The shutters were still partway drawn, although it was by now well into the workday. Had Freeman slept here in the office? It wouldn't be the first time, but he decided he wouldn't ask. All in all, he'd rather not know.
"You wanted to see me? If it's about the rent, I'm not paying any more and that's final. In fact, I already pay too much."
Freeman harrumphed. "This Portola woman is your doing, isn't it?"
"Perhaps."
"Which makes you either the unluckiest son of a bitch on the planet, or the dumbest. I'd be curious to know your thoughts when you asked Strout to dig up this poor woman's bones."
"How'd you know it was me? And in actual fact, it wasn't. It was Wes Farrell, although I admit I played a role."
"That charade yesterday at lunch, which perhaps in all the excitement you've forgotten. John Strout mentioned both Mr. Farrell and Mrs. Loring by name, and I happened to notice them again in the newspaper this morning. Front page, if I'm not mistaken."
"And Jeff Elliot's byline, now that I think of it. I've got to call him and have him buy me lunch or something."
Freeman sat back, took him in. "You're not taking this seriously."
Hardy took an upholstered chair and moved it into Freeman's line of sight, then sat in it. "Yes I am. And with all due respect to your gray hairs, it's neither unlucky nor dumb. I checked to make sure my client was long gone when Mrs. Loring died. He couldn't have killed her."
"No, maybe not her. But maybe she's got nothing to do with Markham."
"Technically true, but not relevant. She's got everything to do with him."
"What, pray? As I understand it, and even Mr. Elliot's article made it quite clear, your Mrs. Loring died of a different overdose, from an entirely different drug, than Mr. Markham. That in itself points to a different hand. Res ipsa loquitur, n'est-ce pas? Can it be you don't see this?"
Hardy was getting a bad feeling about Freeman's direction, but he had to admire somebody who could string English, Latin, and French together so fluidly and without apparent forethought. It was something you didn't hear every day. So Hardy had half a grin on when he replied. "Sure, David, I see it. I just don't see the problem."
Freeman came forward, arms and elbows on his desk. He took his cigar from his mouth. "The problem is that it neither proves nor disproves anything about your client in regard to Mr. Markham, and you're pretending that it does. When in fact all it does is bring more pressure to bear on Mr. Jackman to bring an indictment on at least somebody at Portola, and the closest person to hand might in fact turn out to be Dr. Kensing."
Hardy shook his head. "As it turns out, I was just with Clarence. He's not thinking that way at all."
"He will. Give him time."
"I don't think so. He's going to be looking for the person who killed Mrs. Loring, and maybe several other patients at Portola. He's then going to assume that that person killed Markham, as well."
"And why will he do that?"
"Jesus, David. Because it makes sense. Doesn't it just stretch your credibility a little too much to believe that two separate murderers are prowling the halls at Portola?"
Hanging his head, Freeman sighed. "Didn't O.J.'s slow car chase stretch credibility? Didn't Monica's blue dress turning up unwashed stretch credibility? Or the Florida recount-two hundred-some votes out of sixty million. Trust me, Diz, people nowadays are used to a boundless elasticity of credibility. And what I see is that you're sorely tempted to think you've won already, you've gotten Kensing off. I'm telling you that that's not the case. All you've done here is put the magnifying glass on everybody at Portola, and that includes him. You can't ignore that, and from what I'm hearing, that's what you were intending to do."
Hardy glared at the old man. "So what's your suggestion?"
Freeman was glad to give it. "The heat is way up now, Diz. They're going to have to put handcuffs on somebody for something soon, or there's going to be a peasant revolt. They're entirely likely to do your client for Markham, then kind of hint he's good for most, if not all, of the rest, but they just can't prove it." His eyes glinted under the steel wool brows. "You may have given Kensing a defense at trial, but now it's a hell of a lot more likely that he's going to have one."
In fact, Hardy had concluded that Kensing's troubles were pretty much over. In the euphoria of guessing right on Mrs. Loring, then of Glitsky's conversion, he conceded now that he might have gotten carried away with some of the implications of the autopsy's results. Freeman was reminding him that his client was still exposed and vulnerable, and now maybe more than ever. Hardy had better remain vigilant until the whole drama had played out.
"Let me ask you this," the old man said, "what if one of the new batch of autopsies shows potassium again? You think that helps your client?"
"David, he wasn't there for Mrs. Loring. Get it? If he didn't kill her, he didn't kill any of them."
"Not true. Pure wishful thinking. And now you're getting angry, as well you should when you see your logic breaking down. But don't take it out on me." He picked up his cigar and chewed at it thoughtfully. "Listen, I don't want to rain on your parade, I really don't. I admit you've opened a door here and it might lead where you want to go. I hope it does. I hope it's one serial killer who confesses to it all before sundown.
"But think about this. Who supplied the names of the dead people? Kensing. If he was so suspicious so many times, why then didn't he mention some of this sooner? Why did he wait until he was a suspect in Mr. Markham's death? Isn't that a little convenient? And isn't it possible he could have been in collusion with someone else at Portola, maybe one of the nurses, so he needn't have been physically around for every death? You're laughing, but none of these are frivolous questions. Have you considered the possibility that Kensing and one or more of the nurses could have been getting bonuses under the table from Parnassus for clearing the beds of terminally ill long-term patients without adequate insurance? This kind of thing has been known to happen, especially in cash-strapped organizations." He slowed down for a minute, sat back in his chair, and drummed the desktop with his fingers. "I'm not saying any of this is even remotely likely, Diz. But I am concerned. And you should be, too."