“Her livor’s not telling me exactly when she died, but an estimation. It does, however, tell me unequivocally that she was moved.” Scarpetta was beginning to feel as if she was on the witness stand. “Possibly this was when she was transported to the park, and likely whoever is responsible didn’t realize that by positioning her arms the way he did, he offered an obvious inconsistency. Her arms were not above her head while her livor was forming, but closer to her sides, palms down. Also, there are no indentations or marks from clothing, yet there is blanching under the band of her watch, indicating it was on her wrist after livor was intensifying and becoming fixed. I’m suspicious that for at least twelve hours after death she was completely nude, except for her watch. She wasn’t even wearing her socks, which were an elastic material that would have left marks. When she was dressed before her body was transported to the park, her socks were put on the wrong feet.”
She told them about Toni’s anatomically correct running socks, adding that typically when assailants dress their victims after the fact, there are telltale signs of it. Often mistakes are made. For example, clothing is twisted or inside out. Or in this case, an inadvertent reversal of left and right.
“Why leave the watch on?” Bonnell asked.
“Unimportant to whoever undressed her.” Benton was looking at scene photos on his screen, zooming in on the BioGraph watch on Toni’s left wrist. “Removing jewelry, except for purposes of taking souvenirs, isn’t as sexually charged as removing clothing, exposing bare flesh. But it’s all a matter of what’s symbolic and erotic to the offender. And whoever was with her body wasn’t in a hurry. Not if he had her for a day and a half.”
“Kay, I’m wondering if you’ve ever had a case when someone has been dead only eight hours but it looks like he or she’s been dead almost five times that long?” Berger had her mind made up and was doing her damnedest to lead the witness.
“Only in cases where the onset of decomposition is dramatically escalated, such as in a very hot tropical or subtropical environment,” Scarpetta said. “When I was a medical examiner in South Florida, escalated decomposition wasn’t uncommon. I saw it often.”
“In your opinion, was she sexually assaulted in the park, or perhaps in a vehicle and then moved and displayed as Benton has described?” Berger asked.
“I’m curious. Why a vehicle?” Benton said, leaning back in his chair.
“I’m posing the possible scenario that she was sexually assaulted and murdered in a vehicle, then dumped and displayed where she was found,” Berger said.
“There’s nothing I observed during the external examination or during the autopsy that would tell me she was assaulted inside a vehicle,” Scarpetta answered.
“I’m thinking about the injuries she might have if she’d been sexually assaulted in the park, on the ground,” Berger said. “I’m asking if it’s been your experience when someone is sexually assaulted on a hard surface, such as the ground, that there would be bruises, abrasions.”
“Often I will find that.”
“As opposed to being raped, for example, in the backseat of a car, where the surface under the victim is more forgiving than frozen earth that’s covered with stones and sticks and other debris,” Berger continued.
“I can’t tell from the body whether she was assaulted in a vehicle,” Scarpetta repeated.
“Possible she got into a vehicle, was hit in the head, and then the person sexually assaulted her, was with her for a period of time before dumping her body where she was found.” Berger wasn’t asking. She was telling. “And her livor, her rigor, her temperature are, in fact, confusing and misleading because her body was barely clothed and exposed to near-freezing conditions. And if it’s true she died a lingering death, perhaps lingered for hours because of her head injury-that maybe livor was advanced because of that.”
“There are exceptions to the rules,” Scarpetta said. “But I don’t think I can offer the exceptions you seem to be looking for, Jaime.”
“I’ve done a lot of literature searches over the years, Kay. Time of death is something I deal with and argue in court fairly frequently. I’ve found a couple of interesting things. Cases of people who die lingering deaths, let’s say from cardiac failure or cancer, and livor mortis begins before they’re even dead. And again, there are cases on record of people going into instantaneous rigor. So, hypothetically, if for some reason Toni’s livor was already developing right before she died and she went into instantaneous rigor for some very unusual reason? And I believe that can happen in as phyxial deaths, and she did have a scarf tied around her neck, appears to have been strangled in addition to being hit with a blunt object. Wouldn’t it be possible that she’d really been dead a much shorter period than you’re assuming? Maybe dead for just a few hours? Fewer than eight hours?”
“In my opinion, that’s not possible,” Scarpetta said.
“Detective Bonnell,” Berger said. “Do you have that WAV file? Perhaps you can play it on Marino’s computer. Hopefully we’ll be able to hear it over speakerphone. A recording of a nine-one-one call that came in at around two p.m. today.”
“Doing it now,” Bonnell said. “Let me know if you can’t hear it.”
Benton turned up the volume on the VoiceStation as the recording began:
“Police operator five-one-nine, what is the emergency?”
“Um, my emergency is about the lady they found in the park this morning, the north side of the park off One hundred and tenth Street?” The voice was nervous, scared. A man who sounded young.
“What lady are you referring to?”
“The lady, um, the jogger who was murdered. I heard about it on the news…”
“Sir, is this an emergency?”
“I think so because I saw, I think I saw, who did it. I was driving by that area around five this morning and saw a yellow cab pulled over and a guy was helping what looked like a drunk woman out of the back. The first thing I thought was it was her boyfriend, like they’d been out all night. I didn’t get a good look. It was pretty dark and foggy.”
“It was a yellow cab?”
“And she was, like, drunk or passed out. It was real quick and, like I said, dark and a lot of mist and fog, really hard to see. I was driving toward Fifth Avenue and caught a glimpse. I had no reason to slow down, but I know what I saw, and it was definitely a yellow cab. The light on the roof was turned off, like when cabs are in use.”
“Do you have a tag number or the identification number painted on the door?”
“No, no. I didn’t see a reason, um, but I saw on the news, they said it’s a jogger and I do remember this lady looked like she had on some type of running clothes. A red bandana or something? I thought I saw something red around her neck, and she had on a light-colored sweatshirt or something like that instead of a coat, because I noticed right away she didn’t look all that warmly dressed. According to the time they said she was found, well, it wasn’t long at all after I drove past that spot…”
The WAV file stopped.
“I was contacted by dispatch, and I did speak to this gentleman over the phone and will follow up in person, and we’ve run a background on him,” Bonnell said.
Scarpetta envisioned the yellow paint chip she had recovered from Toni Darien’s hair, in the area of her head wound. She remembered thinking in the morgue when she was looking at the paint under a lens that the color reminded her of French’s mustard and yellow cabs.
“Harvey Fahley, a twenty-nine-year-old project manager at Kline Pharmaceuticals in Brooklyn, has an apartment in Brooklyn,” Bonnell continued. “And his girlfriend does have an apartment in Manhattan, in Morningside Heights.”