Stephen Penner: Presumption of Innocence

But she didn't know the man who stepped from the shadows and pushed her back inside by her throat. The man who overpowered her and bound her hands behind her back. The man who suspended her upside down, then slit her throat and collected the spurting blood into a bucket while Holly vomited in the bathroom.

She had insisted on leaving the note for the parents. Karpati had argued with her, told her it was stupid and soft and sentimental, but she had insisted. He stormed off to the car while she scrawled out the message, her back to the girl swinging slowly behind her.

Karpati hadn't said a word the drive back to his apartment. When they got there he told her it was better they slept separate that night. In case they were followed, he said. And besides, she didn't want to see what he was going to do with the blood.

He was right. She didn't.

She tried to go to school the next day but the cops grabbed her as she headed toward the building. And now here she was.

When she finished, Holly looked up and shrugged. "Do you believe me?"

Chen nodded. "I believe you."

Brunelle wasn't so sure.

***

"So she didn't do anything ?" Brunelle challenged Chen as Holly waited in the interrogation room.

"People always minimize their own role," Chen shrugged. "Besides that's enough for accessory to murder."

"Of course it is," Brunelle answered. "She picked out the victim and got her to open the door. All with knowledge of what this Karpati guy had planned."

Brunelle frowned and shook his head. "But I don't buy it. She was in deeper than what she's claiming."

"So what? It's enough to convict her."

"I don't want to convict her ," Brunelle explained. "I want to convict him. I believe her when she says it was his idea and he's a fucking psychopath. But I need the jury to believe her too."

Chen furrowed his brow at Brunelle. "If you're gonna cut her a deal to testify, isn't it better if she says she didn't do anything?"

"It is if she's telling the truth. But if her story is bullshit, and the forensics comes back to prove it, then she's worthless. If she says she never touched Emily, but it's her DNA on the fingernail clippings? If she says she didn't hoist body up, but they find her fingerprints on the balcony railing?"

Chen nodded. "Yeah, okay. I see your point."

"Go back in and see if she won't give you something more," Brunelle instructed. "But don't mention me this time. If she won't give you the whole story now, she'll give it to me later when I tell her lawyer she's gotta come clean to get a deal. We may not be able execute her, but we can damn well put her in prison for the better part of her life."

It took several days to locate Karpati. With a name like Arpad Karpati it wasn't hard to find his address, but the guy knew the cops would be looking for him, so he wasn't staying there any more. The stake out of his apartment only confirmed he had abandoned it.

But he still liked the girlies.

Holly had given them the name of the night club they had met at. "Darkness." According to Chen it was frequented by whatever had become of the goth craze. Lots of black clothes, black eyeliner, and black pills. The name had led to a photograph which had led to an arrest outside the club a few days later.

"We got 'im," Chen said when Brunelle answered his cell phone during Thursday night football.

"On my way."

"Main precinct. Twenty minutes."

This time Brunelle was already waiting in the observation room when they brought Karpati in.

He looked like a real jerk.

Tall and gaunt, but with broad shoulders and large hands. He kept his hair short and sported deep acne scars over both cheeks. His thin lips were locked in a sneer as McCall sat him down opposite Chen. They didn't take his cuffs off.

"Do you know why you're here, Arpad?" Chen started.

Brunelle loved that question. If they said yes, it was practically a confession. If they said no, well, then Chen had them lying from the outset. He waited to see how Arpad Karpati would answer.

"Why don't you tell me?"

Brunelle frowned. That was a pretty damn good response. He hoped Chen could get somewhere with this guy.

"I think you know why, Arpad," Chen said. "So why don't we cut right to the chase. We know you killed Emily Montgomery. We know how you did it and we know why you did it. So make this easy on yourself. We just want to hear your side of the story."

Karpati tipped his head back and appraised the detectives opposite him. He set his jaw, but his lip started to quiver.

"Detective Chen was it?" he asked shakily.

"Yes. Chen."

"What's your first name, Detective Chen?" The lip quavered visibly.

Chen hesitated. "Larry. Detective Larry Chen."

Karpati offered a tight smile. "Thank you, Larry."

He raised his cuffed hands to his face and wiped at his eyes. "I want you to believe me when I say this, Larry."

Chen leaned forward. So did Brunelle.

'It's very important that you understand what I'm about to tell you."

"We'll understand, Arpad," Chen assured. McCall nodded.

Brunelle wondered whether this guy really was a nut job. Maybe they'd be looking at an insanity plea.

Karpati lowered his hands. "Good," he whispered. "Thank you, Larry."

He nodded, his face looking as solemn as a vicar at a funeral, and said, "Then please believe me when I tell you. Please understand when I say…."

Then the face melted into a hateful grin, "That I want a lawyer."

Karpati threw himself back in his chair and laughed. When he looked at the awestruck detectives again, he laughed even harder.

Chen slammed himself to his feet. "Get this bastard out of my sight. Book him on murder one."

McCall jerked him to his feet. "Does this mean you don't want to talk to me?" Karpati taunted as McCall dragged him from the room.

Chen paced for a moment then punched the table. "Damn it!"

Brunelle walked into the interrogation room. He couldn't keep from smiling.

"Okay," he said. "You have to admit, that was pretty funny."

"Fuck you." Chen was angry but he started to laugh too. "Damn it. That fucker got me."

"He sure did. It was looking good for a minute there."

Chen slapped the table one more time. "Well, when the jury sees that, they'll know what an asshole he is."

Brunelle shook his head. "No, they won't see that. We can never tell a jury that somebody asked for a lawyer. It's an improper comment on his right to remain silent."

Chen's eyes widened. "It's not just that he asked for a lawyer. Hell, they ask for lawyers all the time. It's how he asked for it. Playing me like that, like this is all some fucking game. Can't that come in?"

Brunelle pursed his lips. "It might. Maybe. If I could convince a judge it was distinct enough from the request. Maybe sanitize it a bit. But I'm not gonna do that."

"Why not?" Brunelle could see Chen was still angry.

"Because, that's exactly the little detail, the little something extra, the envelope pushing, chalk on the shoes kinda overreaching that appellate courts use to overturn convictions on death cases."

Chen's scowl gave way to a smile. "So this is going to be a death case?"

"Oh yes," replied Brunelle. "We're gonna kill that son of a bitch."

"Jessica Edwards," answered Holly's public defender when she picked up the phone.

"Jess, it's Dave," said Brunelle. "Let's talk deal."

"Why, I'm fine today, Dave," Jessica replied. "And how are you?"

Brunelle took a deep breath and allowed himself a smile. "I'm fine, Jess. Thanks for asking. Did you sleep well last night?"

"That, David Brunelle, is none of your damn business."

Brunelle had to laugh. He was tempted to follow up with a 'What was his name?' but thought better of it. They were too close in age and both too single for that kind of talk to be anything but regrettable. Instead he got back to business.