William Bernhardt - Capitol Offense

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In his thrilling novels of suspense, William Bernhardt takes us into the fault lines of the criminal justice system, where one mistake, a twist of fate, or an explosive secret can mean the difference between justice and its cataclysmic undoing. In Capital Offense, attorney Ben Kincaid stands amid the chaos of a violent collision between vengeance and death-and it’s up to him to discover where the truth lies.
Professor Dennis Thomas arrives at the law office of Ben Kincaid with a bizarre request: Thomas wants to know if Kincaid can help him beat a murder charge-of a killing yet to happen. The professor’s intended victim: a Tulsa cop who had refused to authorize a search for Thomas’s missing wife. For seven days, Joslyn Thomas had lain in the twisted wreckage of her car, dying a horrifically slow death in an isolated ravine. Now, insane with grief, Thomas wants to kill Detective Christopher Sentz. Kincaid warns him not to, but that very same day someone fires seven bullets into the police officer.
Suddenly Kincaid’s conversation with Thomas is privileged and Thomas is begging Kincaid to defend him. Thomas claims he didn’t shoot Sentz-even though he’d wanted to. Something about the bookish, addled Dennis Thomas tugs on Kincaid’s conscience, and against all advice, he decides to represent this troubled man in the center of a media and political firestorm.
But the trial doesn’t go Kincaid’s way, and a verdict of capital murder is bearing down on Dennis Thomas. That’s when Kincaid’s personal private detective, Loving, starts prying loose pieces of a shocking secret. Working in the shadows of the law, using every trick that works, Loving risks his life to construct an entirely new narrative about Detective Sentz, Joslyn Thomas, and madness in another guise: the kind that every citizen should fear, and no one will recognize-until it is too late.

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“I thought your cross was excellent.”

She shrugged as she scarfed down a french fry. “I don’t believe for a minute that Sentz killed himself. But doubt is doubt. And you never know what evidence might turn up later to support it.”

Dennis stared down at his meal. He hadn’t taken a bite. “I was so worried last night I couldn’t sleep.”

Ben and Christina looked at one another. “Imagine that.”

“I was so angry before, but… now all that seems to have gone away. I think Joslyn took it away. That was her last wish for me. Took it a while to sink in, but it’s starting to become clear. And now that I’m getting my head on straight, I’m afraid… I’m afraid it won’t matter because-”

Christina patted his hand. “It’s much too early for this kind of talk. Eat your lunch. You need to keep up your strength.” She inhaled another fry. “You ain’t seen nothin’ yet.”

17

The first witness after lunch was much more important: an eyewitness who placed Dennis at the scene of the crime. Officer Peter Shaw was an eight-year member of the force and had been working with Sentz at the time of the murder. He claimed he was at the hotel in the downstairs lobby and saw Dennis approach the elevator. He couldn’t quite put Dennis in the hotel room, but he could put him practically on the front doorstep. More importantly, he testified that Dennis appeared angry if not enraged, determined, and potentially violent. He also said he thought Dennis was packing a gun.

Ben had previously determined that Christina should take this cross. Loving had given him the lowdown on Shaw, a bully but still a young man who apparently hadn’t had a date in a long time and tended to put his foot in his mouth around women. Hence Ben thought a smart, comely redhead might do a better job on the man than he could. Worked on the coroner. Not that he wanted Christina to think he valued only her feminine charms. But he certainly didn’t have any.

“I have a few things I’d like to clear up,” Christina said, with a casualness that was not likely to disarm anyone. “Why were you at the hotel on April twelfth?”

“Detective Sentz was captaining a stakeout we hoped would evolve into a sting operation. We believed there was a smuggling ring planning a major operation at the hotel. Sentz had taken a room near theirs and planted surveillance equipment so he could monitor what went on next door. I was planted in the dining area near the front door so I could see who went in and out. We maintained contact via cell phones.”

“How long had you been at your post?”

“Over three hours when I first spotted the defendant.”

“Did you get breaks?”

“Not unless one of the other men on the case came by. We had to keep the door monitored at all times.”

“I see.” Ben suppressed a smile. He loved watching Christina cross. She seemed so sweet, so fresh-faced and innocent. There was no reason at all to think she might be up to something-until she sprang the trap and you felt the cold metal teeth breaking your neck. “And when did you see Dennis Thomas?”

“Eleven fourteen at night. I made a note.”

“What did you do?”

“At first he seemed content to just sit in the lobby. So I left him alone. Eventually, though, he made a move for the elevators. I followed him.”

“Did you believe he was part of this smuggling ring?”

“No. But I recognized him.”

“Why did you recognize him?”

“I’d seen him in the police station. When he was-you know. Coming by.”

“When he was trying to get the police to open a missing persons investigation on his wife but they refused while she bled to death in her car?”

Shaw averted his eyes. “Uh, yeah.”

“So you followed him. Why?”

“Well, I was afraid he might interfere with the operation.”

“Why would you think that?”

“It was hard to imagine he was there by coincidence.”

“Why? It’s a popular hotel, isn’t it?”

“Yeah. But he obviously wasn’t there to spend a relaxing weekend. He seemed angry.”

“How angry?”

“Very.”

“Enraged?”

“I’d say so.”

“Irrational?”

Shaw’s eyes darted to the prosecution table.

“Don’t look to the DA for your answers,” Christina said. “Answer for yourself!”

“I wasn’t-” He took a deep breath. “I didn’t think he looked crazy, if that’s what you mean.”

“Why? Because the DA told you not to say he looked crazy?”

“I just… didn’t think he was that bad.”

“But he was bad enough for you to leave your station, which you previously wouldn’t even leave to go to the bathroom, to try to intercept him.”

“Well… yeah.”

“Sounds like you must’ve thought he looked dangerous.”

Shaw thought a long time before answering. “I thought he might be dangerous to our operation.”

“Why did you think he was angry?”

“He had an intense expression on his face.”

“You’re telling me you left your post and went after him because he was making a frowny face?” As Shaw’s eyes darted, she added, “And this time, answer without help from the peanut gallery!”

“I just… thought he was mad.”

“Why?”

“He was muttering to himself. Under his breath.”

“He was talking to himself?”

“Constantly. Over and over again.”

“Did that concern you?”

“Yes.”

“But it didn’t seem crazy.”

“Objection!” Guillerman was on his feet before Christina had finished speaking the magic word. “She’s putting ideas into his mouth.”

“I can lead on cross,” Christina said. “He’s a big boy. Can’t he take care of himself without help from his master?”

“That’s enough,” Judge McPartland said crossly. “I’ll allow the question. The witness will answer.”

“I didn’t think he seemed crazy,” Shaw said. “Just very angry.”

“What’s the difference?”

Shaw hesitated a long time before answering. “I… I don’t know.”

Ben knew that was as good as it was going to get, but it was pretty good. Christina let that sink into the jurors’ brains before she moved on.

“You also testified he was carrying a gun, right?”

“Yes.”

“Did you see the gun?”

“I saw a bulge under his leather jacket.”

“Ah. So when you told the jury he was carrying a gun, you actually meant that he was carrying a bulge.”

“We found his gun in the hotel room.”

“Move to strike,” Christina said, not missing a beat. “The jury wants to know what you saw, Officer Shaw. And all you saw was a bulge.”

He blew air through his teeth. “That’s correct.”

“And that could’ve been his iPod for all you know.”

“Whatever.”

“Did you stop him?”

“I tried.”

“So what was the problem? Did the English professor overpower you?”

Ben could see Shaw was getting angry, which of course was Christina’s primary objective. Angry people sometimes said things they shouldn’t.

“No, but I was undercover. I couldn’t flash a badge and I didn’t want to create a scene. I did try to pull him to one side so we could talk, but he pushed me away and got in the elevator.”

“Did you do anything further?”

“I watched the numbers light over the elevator and saw that it went to the seventh floor. Where our surveillance room was. I called Chris. Detective Sentz. Told him he might be getting a surprise visitor.”

“I see. Did you have any further contact with Detective Sentz or Dennis Thomas?”

“No.”

“Did you see him go into Detective Sentz’s room?”

“No.”

“Did you ever see him holding a gun?”

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