Read 12th of Never Page 9


  “I did return his feelings. I did love him. I still do.”

  “I believe that you do love Mr. Herman. That’s why you spent the weekend with him at the time someone else was murdering his wife and child. In fact, weren’t you making love with the defendant that entire weekend, Lynnette?”

  “No, no, no. I was not with him that weekend. No.”

  “When the murders were discovered, and Mr. Herman was arrested, and this whole sordid affair was coming to light, you decided to finally cut him loose so that your reputation wasn’t trashed, isn’t that right? You’d rather betray your lover than tell the truth about your actions, right, Lynnie? You say you’re not a whore, but exactly what kind of woman would you say you are? Would you say that you’re fickle? Or disloyal? Or would you just call yourself a user? Which is it?

  “What kind of woman are you?”

  John Kinsela continued to glare at Lynnette Lagrande even though Yuki objected loudly, even though the judge repeatedly slammed his gavel against the block and found Kinsela in contempt. Even though Kinsela’s questions were stricken.

  Kinsela looked triumphant and Yuki felt his triumph like an ax through her star witness’s credibility. Kinsela had bullied the first grade schoolteacher with the heart-shaped face, painted her as a gold digger, muddied her character, cast doubt on her testimony, and threw a bright light on the legal concept of reasonable doubt.

  Yuki felt blindsided.

  Nussbaum said, “Redirect, Ms. Castellano?”

  Lynnette had her head down and was sobbing into her crossed arms.

  Yuki didn’t know what she could do to rehabilitate the woman who had taken great big gobs of money from the man she said she loved.

  Chapter 37

  YUKI BROUGHT A box of tissues to the stand and let Lynnette take a couple of seconds to pull herself together. Yuki had made a mistake not to have realized that Kinsela was going to use Keith Herman’s gifts against Lynnette.

  It was a sickening oversight. But was it fatal?

  As Lynnette dabbed her eyes, Yuki thought out her redirect with the speed of a supercomputer, and when the witness seemed more or less composed, Yuki said, “Lynnette, did you ever try to hide the fact that you received gifts from Keith Herman?”

  “No, of course not.”

  “Did these gifts always come on holidays?”

  “Yes.”

  “Did Keith ever tell you why he bought you such expensive presents?”

  Yuki took a slow turn away from the witness stand, headed toward the lectern, and stole a look at the jurors. They were attentive. For the moment, that was all she could hope for.

  “Could you repeat the question?” Lynnette said.

  She was still looking shaky, Yuki thought, but shaky was vulnerable and vulnerability was better than defiance any day.

  “Lynnette, did Keith ever tell you why he bought you such expensive gifts?”

  “He said different things at different times.”

  “Go on,” Yuki said.

  “He said that until he was free, this was the only way he could show me how much he cared.”

  “Anything else?”

  “He said that he felt guilty for my pain and suffering.”

  “Pain and suffering. Those were his words?”

  “Yes.”

  “The money that Keith gave you—what was it for?”

  “He gave me twenty-two thousand dollars to pay off my student loan. I appreciated the help. I don’t make a large salary.”

  “Did you expect to cash in—that is, get rich—from marrying Keith Herman?”

  “I knew he had money. But the only thing that was important to me was that we had a real relationship, with holidays together, and that I could be with Lily. I wanted to be able to go out into the open, to stop feeling bad because I loved someone else’s husband. And when I saw that I couldn’t have that, I tried to break it off with Keith many, many times.”

  “And Keith pursued you, isn’t that right?”

  “Yes.”

  “You testified that you changed your phone number. You moved out of your home.”

  “Yes.”

  “On the weekend of February twenty-eighth through March first, were you with the defendant?”

  “No. I was not. I was alone in the hunting cabin my father left me in Oroville. I don’t have a TV there. I don’t even get a cell phone signal. I just wanted to be by myself.”

  “So when the defense tells the court that Keith Herman was with you the weekend his wife and daughter were murdered, that’s a lie, isn’t it?”

  The witness winced ever so slightly. Yuki took it to mean that Lynnette still loved Keith Herman.

  “Yes,” she said. “That’s a lie.”

  “Thank you, Ms. Lagrande. I have nothing more for this witness, Your Honor.”

  Kinsela had nothing to add, a good move on his part, Yuki thought. If one juror believed that Lynnette Lagrande was a money-grubber and a liar, Kinsela had done his job.

  Yuki watched Lynnette Lagrande step down from the stand. She had recovered much of her poise. Looking neither left nor right, she walked up the aisle and back out through the front door of the courtroom.

  Had the jury believed her?

  All of them?

  Honest to God, Yuki didn’t know.

  Chapter 38

  CONKLIN AND I stood outside Tracey Pendleton’s front door. Her house was small and nearly identical to the surrounding cheap wooden houses, which had been built in the fifties.

  School was out. Kids called out to each other as they biked along the patched asphalt on the poor residential street. Cars with loud radios and old mufflers sped past.

  We had knocked on the door, peered through the dirty windows, and looked up and down to see if Pendleton’s Camaro was parked anywhere on Flora Street. It wasn’t.

  It didn’t appear that the ME’s night-shift security guard was at home.

  Conklin and I had our weapons out and were ready to execute the warrant that gave us the legal right to break down Pendleton’s door.

  I stood back, looked under the cushion of the porch rocker, and found it just as Conklin kicked open the door.

  “Oops,” I said, holding up the key.

  Conklin called out, “Miss Pendleton, this is the police. Please come out with your hands over your head. We just want to talk to you.”

  There was no response and no sound coming from the house at all.

  The house had two and a half rooms—about four hundred square feet altogether—and I could see almost every inch of it from the doorway.

  We were standing in the living room, which was furnished with a worn brown sofa and a sagging armchair. The TV was off, and the only movement was the upward spiral of dust motes in the dim ray of sunlight coming through the window.

  Conklin went ahead of me and toed open the bedroom door. A moment later, he called, “Clear.”

  I went ahead to the kitchenette, checked the broom closet, then called out to Conklin that the room was empty.

  There was a pot of old food on the stove, one dirty dish, one glass in the sink. The refrigerator was empty, except for the bottle of vodka in the freezer. The garbage pail held two beer bottles and an empty can of Beefaroni.

  Conklin came in and said, “Her suitcase is in the closet. I couldn’t find a weapon.”

  He checked under the sink and found more vodka standing among the containers of Mr. Clean, Easy-Off, and Windex.

  We went through the house again. There was no computer, no sign of pets. No purse. No keys. We searched the hamper, the cabinets, and drawers, but found nothing but the residue of a life lived on the night shift and boozy days spent passed out on a single bed.

  Conklin used a dish towel to pick up the phone. He tapped the redial button, then let me hear the ringing. The call was answered by a recorded woman’s mechanical voice announcing the time and temperature.

  Conklin said, “It’s like she checked the time, went to work, then vanished along with
Faye Farmer’s body. Where’d she go? Who is she, anyway?”

  I called the squad room.

  “Lieutenant, we need a warrant to dump Pendleton’s phone records and see her bank activity. Yeah, there’s no sign she’s been home in the last twenty-four hours. There’s hardly any sign of life here at all.”

  Chapter 39

  WE WERE SEATED at the polished stone conference table at Fenn & Tarbox. Brady, Conklin, and I sat along one side. Five lawyers and their thirteen-million-bucks-a-year client held down the swivel chairs across from us, the backs of their heads reflected in the floor-to-ceiling windows. Beyond the glass was a wide waterfront view of the Ferry Building and the Bay Bridge, sparkling against a dusky sky.

  We’d been introduced to the senior partner, the silver-haired George Fenn, who now took his place at the head of the table. I forgot the names of his younger associates because I was riveted by their client, Jeffrey Kennedy, superstar linebacker for the San Francisco 49ers and also the former reputed fiancé of the late celebrity designer Faye Farmer.

  Fenn was friendly, even affable, when he said, “I’ve heard a lot about you, Sergeant Boxer. All good. I’m glad you’re working this case.”

  Maybe he was glad that I was working the case. Or maybe the big-time lawyer was working me so that we didn’t bring his client down to the Hall for questioning.

  Jeff Kennedy was twiddling his BlackBerry, giving me a chance to look him over without being rude about it. I’d seen him on TV, of course, and from high up in the bleachers. I’d watched him wrestle down tailbacks with his 4.4 speed, sack quarterbacks as though they were rag dolls, then shake off goal-line pileups like a cocker spaniel after a bath.

  But now I was getting the up-close-and-personal view of this human tank.

  Kennedy was strikingly handsome, with a strong jawline, an off-center nose, gray eyes, and plenty of dark hair. He hadn’t shaved and his clothing was rumpled, as though he hadn’t cleaned up in a day or two. Even though the air-conditioning was blowing, Jeff Kennedy was sweating.

  George Fenn said, “Just so you know, we’re taping this meeting. Standard procedure.”

  Brady said, “Mr. Fenn, this isn’t a deposition. We just want Mr. Kennedy to tell us about Ms. Farmer.”

  “Of course,” Fenn said. “But still, we always tape for the protection of our clients.”

  Brady flipped his hand as if to say, “Fine,” and then asked Kennedy, “When did you last see Ms. Farmer?”

  Brady was a first-class interrogator. It was going to be a pleasure to watch him question the man who was quite possibly the last person to see Faye Farmer alive.

  Chapter 40

  KENNEDY PUT HIS BlackBerry on the table and said to Brady, “Last night. Well, it started in the afternoon. We had a party. Me and Faye. A bunch of our friends came over. Different people at different times drifted in and out.”

  He spoke haltingly. Was he remembering the event? Had he been coached? Or was he in shock? Brady asked for the names of his friends and Kennedy listed six ballplayers and eight women, including Faye Farmer.

  “What was the occasion?” Brady asked.

  “No occasion. Just hanging out. Drinking. Watching videos of old games. And then Faye got worked up about nothing. She’d do that if she wasn’t getting enough attention. Or if I was getting too much. I told her to chill, and she told me to eff myself.”

  His cheek muscles twitched. His hands clenched on the table, as if he were having a bad dream or an angry thought.

  “You’re saying you fought,” Brady said.

  “I ran after her,” said Kennedy, “but she drove off. The next thing I know, it’s morning and a friend is calling to say, ‘Turn on the TV.’”

  Kennedy shook his head as if he still couldn’t believe it.

  Brady said, “Which was it this time? She didn’t get enough attention? Or you got too much?”

  “There was an extra girl. Friend of one of the other girls. She was showing a little too much skin. Kept flouncing around me. Touched me a few times.”

  Kennedy named the girl and the girl’s friend, and then Brady asked, “Did you see or speak to Faye after she left your house?”

  “No. I didn’t call her. I was still pissed that she went all diva in front of my guys. If only I’d stopped her. Taken her for a walk or a smoke or something. What the hell am I supposed to do with myself now? We were supposed to get married.”

  Conklin asked Kennedy what time Faye left the party, and Kennedy said he didn’t know.

  “It was late,” he said. “I’d had a few. Now I gotta live with the fact that we had a fight and I never saw her again. Christ. We were in love. We were really in love.”

  Tears fell from Kennedy’s eyes. He used his forearm to dry his face. Fenn put a hand on his back, said, “Take it easy, Jeff.”

  Brady said, “Mr. Kennedy, do you know of anyone who wanted to hurt your fiancée?”

  “You cannot know what people think about people they see on TV,” said Kennedy. “People are crazy. They stalk celebrities. Sometimes they shoot them. But do I know any specific person who hated Faye enough to kill her? No. And now I have a couple of questions for you.”

  I looked up from my notepad. Kennedy had his massive forearms on the table and was leaning in, looking menacing. “Where is Faye’s body? How could someone have stolen her out of the ME’s office? How are you going to find her killer if you don’t have her body?”

  “Forensics is processing her car,” I said. “Do you own a gun, Mr. Kennedy?”

  “Hell, no. Are you seriously asking me that?”

  I said, “Does the name Tracey Pendleton mean anything to you?”

  “Who?”

  I repeated the security guard’s name. Kennedy grunted, “Never heard of him.” Then he shot up from his seat and, crying, stumbled out of the conference room.

  Fenn was saying, “He’s understandably upset.”

  Kennedy seemed appropriately devastated and clueless. But I wasn’t buying that his breakdown meant that he was innocent. He had graduated from Stanford with honors. He was 230 pounds of muscle and he’d had a fight with his girlfriend.

  Kennedy was a smart jock with a cultivated violent streak.

  That could be a lethal combination.

  Chapter 41

  I OPENED THE front door to our apartment at just about 8:00 p.m. I was desperate to hold our baby, have a bath, a glass of wine, and a bowl of pasta with red sauce. I wanted to get out of my clothes and hug my husband and sleep until morning, not necessarily all at the same time.

  I called out, “Helloooo. Sergeant Mommy is home.”

  Martha careened around the corner, jumped up against me, and would’ve knocked me down but for my baby weight keeping me anchored.

  Girly laughter came from the living room.

  What was this?

  I followed Martha around the bend and saw that the Women’s Murder Club was loosely arrayed around the room. Claire danced Julie on her thighs and held her up for me to see. Couldn’t help but notice that the baby had a pink gift bow stuck to the top of her head.

  “Heyyy,” Claire said. “Look who I’ve got.”

  “Heyyy,” I said back. “Give her to me.”

  I grinned at my baby and at the same time noted Claire’s slurred greeting and lazy laughter, the open bottles of wine and empty glasses on the coffee table. A party had started without me.

  Joe was on his feet and coming toward me with open arms. He kissed me and asked, “What can I get you?”

  I tipped my chin toward Claire, said, “I want what she’s having.”

  Yuki’s laughter is one of the most adorable sounds I’ve ever heard. If laughter were a flower, Yuki’s laugh would have to be called merry bells.

  Julie was laughing, too, as Claire flew her over to me. I said, “Hang on a sec.”

  I removed my jacket and gun, then took Julie into my arms. And still she didn’t cry.

  “Aren’t you the little party girl?” I said.

/>   I sat down, kicked off my shoes, and smooched my pretty baby as Cindy brought over cheese and crackers and Joe put a glass of Merlot on the lamp table.

  “So,” Cindy said, sitting so close to me on the sofa she was almost in my lap. “How was your first day back at work?”

  My reporter girlfriend was interviewing me. We all just cracked up, Cindy saying, “What? What?”

  I said, “It was a long twelve hours.”

  “We brought presents,” said Yuki.

  Gifts were on the coffee table and Joe took Julie so that I could open the sixteen-flavor margarita kit from Yuki, a stack of Monster Proof pajamas from Cindy, and a pair of Giants tickets from Claire. Front-row seats!

  My postpartum party was great, but after I slugged down my wine, I began to fade.

  Claire clapped her hands and said, “Time to go, girlfriends. Lindsay, we’re making Morales an honorary member of the club, summer pass only. Come with us to Susie’s?”

  “Me? Thanks, but I’m a dead mom walking.”

  Everyone laughed and I hugged them good-bye at the door, shouting after them, “Claire, let Cindy drive.” I took Julie back from Joe, and what do you know? As soon as the girls were gone, Party Girl started to cry.

  “Aww, sweetie.”

  I sank into Joe’s armchair and patted Julie’s back as Joe cooked dinner and then put the baby to bed.

  He kissed me, sweaty as I was, and he said, “Why don’t you hit the rain box?”

  When I returned from my shower smelling like lavender, wearing blue pj’s, barefoot, and with my hair up in a ponytail, linguine marinara was on the table and Louie Armstrong was on the Bose.

  “Tell me about your day,” said my wonderful Joe.

  Chapter 42

  AFTER THE MEETING at Fenn & Tarbox, Rich Conklin had stood on Battery Street with Brady and Lindsay, their collars up against a misty rain.