David Kessler - Mercy

“‘Daddy’?”

“Yes. But it wasn’t just that. It was the actual words that he found.”

“Well don’t tease me. How did it go?”

“It went: ‘Daddy, I know I am guilty / Though someone killed you first / I killed you as surely as if / I had pulled the trigger myself / Bang Bang! All over.’”

Chuck Dusenbury was now at his home in Sacramento. He had given Alex a special number at the office and he was now having all calls to that number diverted to his home. He was eagerly awaiting developments. He had told Alex Sedaka that he could rescind the death warrant at any time until the execution took place, but he preferred to hear from him before nine.

The phone call came just minutes before nine. It was taken by an aide and put through to Dusenbury.

“Governor Dusenbury,” said Alex.

“Yes.”

“Alex Sedaka.”

“I’ve been waiting for you to call.”

“Yes, I know, sir. And I’m sorry it’s taken so long.”

“So what’s the news?”

“Well, as you know, Clayton told me that he didn’t kill Dorothy and doesn’t know where her body is.”

“Yes.”

“You may also know that initially I was skeptical of his innocence. But now I have found certain exculpatory evidence that puts matters in a different light.”

“Go on,” Dusenbury prompted.

Over the next few minutes, Alex told the governor about the airline ticket, the PDF brochure from the medical center, the oral confirmation from the medical center about Dorothy arriving there, David’s hacking into Dorothy’s bank account and the subsequent payments she had made to the medical center over the course of the next year. He explained that he only had documentary evidence of the purchase of the airline ticket and the bank transfers and he had to admit that the evidence of both had been obtained illegally, although he had not personally sanctioned it or known in advance that it was going to take place. He admitted that the medical center had not sent over any written confirmation that Dorothy was ever at the center and that the person who had provided the oral confirmation was now off duty and currently not contactable. Nevertheless he could vouch for the fact that she had given such oral confirmation and was prepared to stake his own reputation on the authenticity of the information.

After Alex had finished, the governor remained silent for a few seconds. When he finally spoke, his tone was almost apologetic.

“Listen, son, I know you’ve been working your butt off on this case — and I have to confess I always had doubts about Clayton’s guilt, and I still do. I mean, I even accept the oral evidence — which is hearsay. Unlike the courts, I can do that.”

“I know, sir. That’s why I’m appealing to you at least to stay the execution.”

“But you just haven’t given me enough. The only way I can grant a stay would be to rescind the warrant without issuing a pardon or clemency.”

“But you could do that. And if we don’t come up trumps you can re-issue the warrant.”

“I know, and if you gave me enough evidence that’s what I’d do. If we had enough oral evidence I’d rescind the warrant right now and wait to see the written confirmation. But the way things stand now, you haven’t proved Burrow’s innocence, much less that Dorothy’s alive . You’ve just shifted the time of her death a year and a bit — just like the court said.”

“I know, sir. But that undermines the entire basis of the original prosecution case. Their case was that he grabbed her on the night of the prom and killed her then and there.”

“That was the theory. But that wasn’t the evidence. It’s important that we distinguish between what the prosecution speculated on and what they actually proved . The main evidence against Burrow was the physical evidence. That was pretty much what nailed him. The disappearance gave them a plausible timeframe, but there was nothing sacrosanct about that timeframe. It could’ve been a different time: he’d still be just as guilty.”

“Yes, but the fact that she disappeared on the night of the prom and yet was still alive over a year later suggests deliberate concealment on her part. The fact that she vanished and stayed in hiding, suggested that she wanted people to think she was dead. That suggests that she was planning to have someone blamed for her death.”

“Or that she was afraid of someone who was already trying to kill her.”

“But why would she play possum? Why not just go to the cops?”

“Maybe because she couldn’t prove it, Alex. Maybe because she didn’t trust anyone. Maybe because she didn’t think they’d believe her — or wouldn’t care.”

“But that’s ridiculous!”

“Is it? Try and think about it from her point of view. A frightened girl, no friends, completely alienated, her father dead, estranged from her mother. Who could she tell? Who could she trust? Who did she feel comfortable talking to? She had no one to turn to. Not her mother. Not her teachers or school friends — she didn’t have any friends. She was a loner. Maybe her brother, but he was too young. All she could do was run and hide. And because she had financial resources in the form of her inheritance, she had the means to run away and hide. She had just turned eighteen and had access to the trust fund.”

“Did you — pardon me for putting it like this, sir.” Alex’s voice was now rising. “But did you know about this before?”

There was silence again for a few seconds.

“I knew about the trust fund. I knew about her alienation and the fact that she was estranged from her parents.”

“How could you…?”

“Look, don’t forget, son, Est-Mrs. Olsen sat with me for over an hour before you came and she poured her heart out to me. I know all about it because she told me … and because I listened. But if you mean did I know about Dorothy going to London or about those financial payouts, then the answer is no.”

“Is there anything I can say to change your mind?”

“ Say? Nothing. But there is something you can do .”

“What?”

“Bring me proof that someone other than Clayton Burrow killed Dorothy Olsen — or better yet, bring me proof that she’s still alive.”

“We’ve done our best,” said Alex solemnly. “There’s nothing more we can do.”

For a long while, no one said a word. They could have been Buddhist monks in a state of meditation. As they stood in the reception area, they formed a triangle. Juanita looking at Alex and Alex at Nat. Nat, though, was looking at the ground.

It was Juanita who broke the silence.

“Are we just going to give up?”

There was a hint of defiance in her tone. But what good was defiance when they had run out of ammunition?

Alex spoke softly.

“We’ve tried everything. There’s nothing more we can do.”

“What about the medical center in England?” snapped Juanita.

Alex studied Nat for even the slightest reaction. There was none.

“You said the nurse you spoke to is no longer on duty?”

“That’s right.”

“Are any of the administrative staff there now?”

“I doubt it. It’s the wee small hours of the morning in London.”

“Then there’s nothing we can do. Unless David comes up with something.”

“Do you think he will?”

“I don’t know. But he’s still looking. And if he managed to hack into Dorothy’s bank account who knows what else he might find.”

Juanita sniffled, but held back the tears this time. She forced herself to speak.

“Don’t you think someone should be with Clayton now? He must be desperately lonely.”