: Margolin: The Last Innocent Man

David paused. His lips were dry and his throat was raw from crying.

“I… I thought I’d be clever, so I hired Terry to check out Gault’s story. Then, yesterday, I met with Gault. He told me he tortured Terry to death and disposed of the body.”

“He confessed to murder?” Monica asked, as if she were not certain she had heard David correctly.

“Not directly.”

David recounted his lunch conversation with Gault.

“How do you know Gault isn’t playing another sadistic game with you?” Monica asked when he was done.

“Terry is missing. I called his wife as soon as I got back to my office. Rose doesn’t know where he is. He always comes home or checks in with her. She hasn’t heard from him since the day before yesterday.”

“What did Gault say that prompted you to hire Terry Conklin?” Monica asked.

David hesitated. Then he said,

“He told me he murdered Darlene Hersch.”

“Larry Stafford killed Darlene Hersch.”

“Gault has a build similar to Larry Stafford’s, he drives a beige Mercedes, and he showed me the curly blond wig he wore when he murdered Darlene Hersch. He also confessed to other killings, including Julie Gault’s.

“Remember Grimes’s testimony about the killer having brown hair? Gault has brown hair. If Gault wore a curly blond wig, then took it off in his car, Ortiz would have seen a man with curly blond hair and Grimes would have seen a man with brown hair.”

“Ortiz is still certain he saw Stafford.”

“You know what the lighting conditions were like that night. You saw Terry Conklin’s pictures.”

“Very skillfully taken pictures, I must admit,” Monica said sarcastically.

“No, Monica, those pictures weren’t doctored. I had other professional photographers duplicate Terry’s work. They weren’t phonies.”

“I know,” Monica said with a sigh. “I sent a police photographer to the motel, and he got similar results.”

David spent the next half hour going over his relationship with Gault from their first contact to the meeting at the restaurant. He omitted only reference to Jenny and their affair. He knew it would be better to tell Monica everything, but he couldn’t bring himself to reveal their relationship.

“I don’t know,” Monica said when he was finished. “Gault obviously has mental problems or else he wouldn’t be playing this kind of game with you, whether the confession is true or false. But he did retract his first confession, and as you pointed out, there isn’t a shred of evidence that connects him to the murder of Darlene Hersch. As for Terry Conklin, we don’t even have a body.”

“He did it, Monica. If you’d been there and heard him…”

“I wasn’t, though.”

“Does that mean you won’t do anything?”

“No, David. You wouldn’t have come to see me if you didn’t think Gault murdered Darlene Hersch and Terry Conklin.”

Monica paused. She seemed uncertain whether to continue with what she was going to say.

“David,” she asked hesitantly, “what happened to you during Stafford’s trial? You seemed to fold up and die when I put Johnson on. You must know that you had a good chance to keep him from testifying.”

David looked at the tabletop to avoid looking at Monica.

“I won’t discuss the Stafford trial. You’ll have to respect my wishes.”

Monica wanted to pursue the matter, but she sensed David’s pain. She had too much respect for him to go any further.

“I think I should bring Bert Ortiz in on this,” she said. “He’s the one you have to convince. If he doesn’t change his mind, you have no case.”

“You’re right,” David agreed. “Can he be trusted to keep this quiet?”

“I think so.”

“Then call him.”

“DAVID GAVE MEsome very unsettling information about the Darlene Hersch murder tonight. I want you to hear it, but you have to agree to keep this meeting confidential.”

Ortiz was confused. When Monica had called, she had told him she wanted to discuss the Stafford case, but she had refused to be more specific. His first thought was that she had found out about his arrangement with T.V. Johnson, and he had given a great deal of thought to what he would say if Monica accused him of setting up the pimp. Then, when he’d arrived, he was surprised to see David.

“I’ll keep what he says secret,” Ortiz agreed. He sat in an armchair opposite David, and Monica sat beside David on the couch.

Ortiz listened as David repeated what he had told Monica.

“What do you think?” Monica asked when David finished.

“I don’t know,” Ortiz answered cautiously. He couldn’t believe his luck, but he did not want to appear overexcited. “This is all so sudden. I’m pretty positive about Stafford, but…What do you think, Monica?”

“I don’t know either, Bert. But I think you should look into the possibility that we were mistaken.”

“How do we know this isn’t another one of Gault’s pranks? After all, you’re the guy who says he’s unbalanced,” Ortiz asked.

David shook his head. “It could be, but I think we have to operate on the assumption that it isn’t.”

“Okay. That leaves us with the problem of proving Gault killed Darlene and Conklin. How do we do that?”

David shook his head. “I don’t know. I’ve been trying to figure out the answer to that question all day.”

“We can try to establish where he was the night Darlene died,” Monica said. She turned toward David.

“Didn’t he tell you he tried to get some action at a few bars earlier in the evening?”

“He did,” David answered. “We could circulate a picture and see if anyone recognizes him.”

“That was months ago,” Ortiz said. “No one is going to remember Gault after all this time, especially if he was in disguise. And we don’t even know what bars he went to. It could be any bar in Portland.”

“You’re right,” Monica agreed.

“What about the wig?” Ortiz asked David suddenly. “You said he showed you the wig. That means he kept it all this time, even though it could tie him into the murder.”

“That’s right,” David said. “He probably still has it.”

“Monica, let’s write out an affidavit for a warrant to search Gault’s house,” Ortiz said, excited by the prospect.

“We can’t, Bert. That wig was shown to David as part of a confidential communication. He’s the only one who’s seen it, and he can’t violate the confidence.”

“Shit.”

Ortiz stood up and began pacing.

“How about putting a tap on his phone or wiring David, then putting the two in contact?” he suggested.

“We have the same problem. It would be an invasion of the attorney-client privilege,” David said. “Besides, I doubt that Gault will discuss this over the phone. He’s too smart. He’d suspect something was up.”

The three were silent for several minutes. Finally, Monica said, “Look, I have a trial tomorrow, and I have to get some sleep. Why don’t we think about the problem and get back in touch after five?”

“I agree,” David said. “I’m exhausted. We might get some ideas after a night’s sleep. I’ll call in the late afternoon, Monica, and we can arrange a place to meet.”

“HOW DOES ITfeel to be working for the good guys?” Ortiz asked when they were alone in the elevator.

David blushed. He hadn’t quite thought of it in those terms, but there was a good feeling in trying to keep someone from hurting others, instead of trying to make a shambles of conscientious police work.

“I never felt I was working for the bad guys,” David answered defensively.

“Yeah, well,” Ortiz answered with a grin.

As it turned out, Stafford had been a “good guy,” David thought. Gregory had been right, after all. You couldn’t have one system of justice for the guilty and one for the innocent. If David had defended Stafford instead of judging him, Stafford might be free now.