John Lescroart - The Oath

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"A particularly strong plot." – Los Angeles Times
"Topical and full of intrigue." – Milwaukee Journal Sentinel
Doctor Eric Kensing is living in fear that he is about to be indicted for the death of a patient. That patient was his boss, Tim Markham. But Kensing and Markham aren't just connected by work – Kensing's wife is one of Markham 's many lovers. It's not looking good for Kensing, so he enlists the help of lawyer Dismas Hardy. Some say Kensing is not worth saving, although others say that Kensing is a special doctor, prepared to do anything to save a patient's life, even defying proper medical procedure. Despite all the damning evidence, Hardy becomes increasingly sure that Kensing is innocent. Against mounting pressure for an arrest, Hardy knows that the only way to save Kensing is to find the real murderer. And like Kensing, he seems to be working within a system that is set up to thwart him and any attempt at real justice…

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"This is the first day, Harlen. You don't make exceptions on the first day you're doing something. That makes them the rule." He looked up in his rearview mirror, saw some headlights turn into the street. "Here comes somebody."

Fisk turned all the way around in his seat. "It's not him."

"Five bucks says it is."

"You're on."

***

Furious at what he had taken to be Jackman's and Ash's usurpation of his arrest prerogative, as well as Hardy's scheming lawyer games at his expense, Glitsky hadn't been in the mood for any more work today. They could all go to hell.

By the time he got home, he'd decided to take the whole weekend off as well. He pitched his beeper and cell phone into the dresser next to his bed, then saw Orel's note reminding him that he and Raney had both left directly after school with their snowboard club for one last chance to maim themselves before the summer. So no kids for the weekend. He really was taking it off.

When Treya got home, he asked her if she was up for a night on the town. He didn't have to ask twice. They went to a Moroccan place on Balboa, where they sat on the floor and ate with their fingers, washing everything down with sweet, hot tea that the waiter poured from the height of his waist down to the cups on the floor, never spilling a drop. Good theater.

The night was so beautiful that they decided to walk to Ocean Beach. On the way back, something about their hips remaining in contact made them decide to head back home.

A free spot at the curb just four driveways from their place had them both thinking it was their lucky night, all the stars aligning to give them some privacy and peace. Glitsky's arm was over Treya's shoulder, hers around his waist.

"Don't look now," Treya said. Two men had just stepped out of their car and were walking toward them. She whispered, "Let's hope they're punks thinking about mugging us. We can kill them quick and get inside."

"They're punks, all right," Glitsky answered sotto voce. Then, a little louder, "Gentlemen. Out for an evening stroll?"

"You said to report every day, sir," Bracco explained.

"If this isn't a good time…" Fisk made it clear he didn't think it was, either.

"No, this is a great time, Harlen."

"A great time," Treya agreed, nodding at Fisk. "A terrific time."

Glitsky touched her arm. "I don't believe either of you know my wife. Treya. Inspectors Fisk and Bracco."

"Enchante ´," she said in a passable French accent. Her smile possibly appeared sincere. "I've heard so much about you both."

***

On the one hand, Glitsky was marginally happy that Darrel Bracco took him so literally. On the other, he didn't want his men getting into the habit of dropping by his place. But now it was a done deal. His romantic night with his wife continued as she sat next to him on the couch. Bracco and Fisk were on chairs they'd carried from the small, small kitchen.

"This is Parnassus then?" she asked sweetly. "Does anybody mind if I stay?"

There were no objections.

Bracco had placed his little notepad out on the coffee table in front of him. He regularly checked his notes. "We began at the hospital, first thing. Did you know Kensing was late for work Tuesday morning? An hour late."

"No," Glitsky said. "I don't know anything about what Kensing did that day. But why do you think that's worth mentioning, if he was?"

"The car," Fisk replied. "Where was he at the time of the accident?"

"The original accident?" Glitsky asked. "With Markham?"

"Are you still considering that part of the murder?" Treya asked. "I thought once they found the potassium, you pretty much ruled that out."

Actually, Glitsky had given it short shrift from the outset, and still did. But he realized that these guys had a bias and didn't want to dampen their newfound enthusiasm. "We're keeping an open mind on all theories at this point," he told her in their secret code. He came back to the inspectors. "So did you ask Kensing where he'd been?"

"No, sir," Bracco replied. "We haven't talked to him again ourselves, but last night he never mentioned it when you were questioning him. It seems like it might have crossed his mind."

"He told people that morning that he'd had car trouble."

Cars again. Glitsky nodded, noncommittal, but privately convinced that they could bark under this tree forever and it wouldn't get them a thing. "How about after Markham got to the ER? What was it like there? Busy? What?"

Bracco was ready with his answer. "Actually, it was a pretty slow morning. They had a kid who needed stitches in his head and a lady who'd fallen down and broken her hip. But they had already been brought into the back when the ambulance pulled up."

"The back?" Glitsky asked.

"Yeah. There's a waiting area when you first come in; then when they see you, they take you back to this big open room with lots of portable beds and a medical station-where the nurses and doctors hang out, in the middle. That's where they brought Markham as soon as he got there, then into surgery, which is down the hall a ways."

"There's a half-dozen surgery rooms on that floor," Fisk added. "Every one of them has a supply of potassium and other emergency drugs."

"There's also potassium at the station near the portable beds."

"Okay." This was nice, but Glitsky had already deduced that there must have been some potassium around someplace. As before, these two inspectors had no doubt gathered a lot of information. Their problem was in recognizing which of it was useful. If he wanted to get it, he realized he'd have to ask the right questions. "When they let Markham in, was his wife with him?"

They looked at each other, as if for confirmation. "Yeah. Outside and then while they prepped the operating room for surgery. Maybe ten minutes."

"Then what? When he went to the operating room?"

Another shared look, and Bracco answered. "She was in the waiting room when he got out; then she moved up to ICU's waiting room."

"Okay," Glitsky said. "But was she alone by the central nurses' station by the portable beds at any time? Is what I'm getting at." There was no way, he realized, that they would have pursued that question, so he went right to another. "How was she taking it? Did anybody say?"

Fisk took the lead. "I talked to both of the nurses that had been there-"

"How many are on the shift usually?" Glitsky interrupted.

"Two at night, which is ten to six. Then four during the day."

"So there were four on duty? Where were the other two?"

Bracco came to his partner's rescue. "With the other two patients, sir. Because one of the ER docs had been late that day, they were short a doc at the start of the shift. They'd prepped one of the other ORs for the hip, and one nurse was waiting for the surgeon with the lady there. The other one stayed with the kid and his mom and the doc sewing his head."

"Okay." Glitsky thought he had the picture finally. Two doctors, four nurses, three patients, two visitors. He turned to Fisk. "So you talked to Markham's nurses about how the wife seemed? Male or female, by the way? The nurses?"

"Both women," Fisk replied. "And yes, sir, I asked them both how she was." Glitsky was still waiting.

Treya read her husband's impatience and asked nicely, "And how was that, Inspector?"

"Distraught," Fisk answered. "Very upset. Almost unable to talk."

"They both said that?"

"Yes, sir. They agreed completely."

"Crying?"

"Yes, sir. I asked that specifically. She was crying quietly on and off."

Glitsky fell silent. Bracco had been listening intently to this exchange, and consulting his notes, decided to put in his own two cents' worth. "I talked to one of the nurses, too, sir, a Debra Muller. She walked with Mrs. Markham when they were bringing Markham into the OR and then back to the waiting room, where she-Muller-spent a few minutes holding her hand. Anyway, Muller, the word she used was 'shell-shocked.' Mrs. Markham kept repeating things like, 'They can't let him die. They won't let him die, will they?'"

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