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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"Do you remember what you said?"

"You almost killed me. You almost killed me, you idiot. I said it twice, I think. I was really mad and screamed at her."

"Then what?"

"Then she held up her hands, like it wasn't her fault, like she was sorry."

"Lexi," Bracco said with urgency, "what did she look like?"

It was almost comical the way Lexi screwed up her face, but there was no humor at all in the room. "Maybe a little younger than Mom, I think. I can't tell too good about adults' ages. But dark hair, kind of frizzy."

"Any particular hairstyle?"

"No. Just around her face. Frizzy."

"What race was she?"

"Not black. Not Asian. But other than that, I couldn't say."

"How about what she wore? Anything stick out?"

"No. It was only a second." She was showing the first signs of defensiveness. "We just stared at each other."

"Okay, that's good, Lexi," Fisk said. "Thank you so much."

But Bracco wasn't quite done. "Just a couple more things about the car, okay? Would you call it an old car or a new one? How would you describe it, if you can remember?"

Again, she closed her eyes. "Not a sports car, but not real big, you know. Kind of like a regular car, maybe, but not a new one, now that I think about it. The paint wasn't new. It just looked older, I guess. Not shiny." Suddenly, she frowned. "The back lights were kind of funny."

"The back lights?" Bracco asked. "How were they funny? How did you see them?"

"I turned right after I started running again. They kind of went out from the middle, almost like they were supposed to make you think of wings, you know?"

"Fins?" Fisk asked.

"Like on Uncle Don's T-Bird," Mrs. Rath volunteered. "You know how they go up in the back. They're called fins."

But she was shaking her head. "No, not just like that. Lower, kind of along the back, where you'd lift up the trunk. Oh, and a bumper sticker."

"You are doing so good, Lexi," Fisk enthused. "This is great. What about the bumper sticker?"

She closed her eyes again, squeezing them tight. But after a minute, she opened them and shook her head. "I don't know what it said. I don't remember. Maybe it wasn't in English."

***

At the day's last light, the two inspectors made one last stop, at the stop sign at Lake and Twenty-fifth. They had already decided to send a composite artist specialist out to the Raths' to work with Lexi. Fisk had a book at home with front and back views of every car made in America for the past fifty years, and he was planning on bringing that by, as well, to see if Lexi could give them a positive identification on the make and model.

They got out and walked from the stop sign back to the first streetlight. There was no sign of a skid mark, from which Fisk hoped to get something, perhaps a tire size. And then Bracco remembered. "The storm," he said. "We can forget it."

***

Kensing reached Hardy on his cell. It sounded as though he was in a restaurant somewhere. Jackman had already talked to him. He'd phrased the subpoena as a request. They wanted to proceed with dispatch on investigating Kensing's list, and without his testimony, the grand jury would be left in the dark. Hardy thought cooperation here wouldn't hurt them, and he'd okayed the new deal. But he wasn't nearly as sanguine when Kensing told him about the search warrant. "Glitsky was there tonight? Looking for what?"

"I don't think anything really. I think it was just to scare me, although they did take some of my clothes."

"Why did they do that?"

"They said they were looking for blood. They probably found some."

"Christ on a crutch."

***

Hardy had meant to turn off his cell phone when he and Frannie had left the house on their weekly date. It was one of their rules, but he'd forgotten and then of course it had rung and he'd answered it, telling her he'd just be a sec. That had been nearly five minutes ago. Once he had Kensing on the line, he wanted to grill him at length about the discrepancy between Judith Cohn's account of Tuesday night, when he hadn't gotten home by at least one o'clock, and his own, which would have put him there by about 10:30.

But they wound up talking about the search, and then about tomorrow's grand jury appearance. Then their waiter came up and gave him the sign and Hardy realized he really ought to hang up. They frowned upon cell phones here. Hardy did, too. Just not at this precise moment.

He squeezed in one more sentence. "But we really need to talk before you get to the grand jury."

If either Glitsky or his inspectors talked to Cohn as Hardy had done, they'd get the message to Marlene Ash and Kensing's appearance tomorrow in front of the grand jury wouldn't be pretty. With his multiple motives and Glitsky's animus, the squishy alibi might just be enough to get him indicted. At least he ought to know his girlfriend's story, or he'd get bushwhacked.

So they were meeting tomorrow at Kensing's at 8:15.

Now Frannie raised her glass of chardonnay, clinked it with his. "That sounded like a pleasant conversation," she said.

Hardy ostentatiously turned off his cell phone, put it in his jacket pocket. "Honest mistake, I swear," he said. "Which is better than the one Kensing made when he talked to Abe, or when he lied about when he got home last Tuesday."

Frannie stopped midsip. "I don't like to hear about clients who lie to you."

"It's not my favorite, either. In fact, as a general rule, I'd put lying in my top ten for what I'm not looking for in a client."

"And Abe just now searched his house?"

Hardy dipped some sourdough bread into a shallow dish of olive oil, pinched sea salt over it all. "I got that impression."

"Last night Abe seemed to think it might not be Kensing after all."

"Right. But last night we were all hot over Mrs. Loring, and we knew for a fact that Eric wasn't around when she was killed, so it looked like he was completely in the clear. But today, unfortunately, it turns out that these other deaths at Portola might have nothing to do with Markham or his wife. Basically, it looks like nobody in the universe that could have killed Mrs. Loring even knew Carla Markham, much less went to her house. In which case, they're unrelated."

"In which case, your client gets back on Abe's list."

"If he ever really left. But you know Abe. He likes to start with a big list, then whittle it down."

"You're saying he's got a lot of other suspects?"

"Sure. It's still early."

"How many?"

"Two, maybe three others."

Frannie whistled softly. "Big list. Anybody else Abe likes as well as Kensing?"

Hardy held his menu and looked down at it, then up at her, grinning. "But enough about the law. I'm going with the sand dabs tonight. There is no fish more succulent than a fresh Pacific Ocean sand dab, and they do them great here. Lemon, butter, capers. Out of this world. You really ought to try them."

32

Kensing was in a business suit, sitting at his kitchen table. He had poured some coffee for both of them, but the cups sat cool and untouched.

Hardy sat between the table and the sink. He had pushed himself back a little so he could cross his legs, and now his ankle rested on its opposite knee. "So you told Glitsky this last night, too?"

"Yeah, of course. Why wouldn't I? It's the truth. Jesus Christ, Diz, why do we keep going back over this? There's nothing to talk about!"

Hardy drew a breath, collected himself, let the breath out. It was possible, he supposed, though doubtful, that Judith had remembered the wrong night. "As a matter of fact, there is, Eric. The reason I can't get over it is that you never told me that Dr. Cohn was here that night, sleeping over. This is hard for me to fathom since she could have corroborated your alibi." His voice grew harsh. "And then we could just leave it. Or is it time to find yourself another lawyer?"

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