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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"Any of the names look familiar, Harlen?" Glitsky asked. "Related to Parnassus or Markham in any way?"

"No, sir."

"Well, good try anyway. If we get the car, that's something all by itself. Keep looking."

Hardy knew Glitsky well enough to see that he was humoring Fisk about his supposed detective work, but he didn't want to ruin his inspector's day, or dampen his enthusiasm. The man had put in a decent amount of effort, and perhaps it still might all lead someplace. Hardy thought a show of interest on his own part wouldn't be out of place. "Could I get a copy of that list, Inspector?"

Fisk looked the question over to Glitsky, who nodded. But it was clear the lieutenant's real area of concern lay elsewhere, in the alibis for the time of Carla's death. "Darrel," he said, turning to Bracco, "did you get anything more on Driscoll?"

"I don't think Harlen was quite done, sir."

His patience straining, Glitsky yielded the floor back to Fisk. "I thought I'd try to make amends for my giveaway to Dr. Ross. So I called my aunt Kathy-Kathy West," he explained to the rest of the room, "and told her what I'd done and what had happened."

"Which was what, Harlen?" Glitsky prompted him, much to Hardy's satisfaction.

He outlined the story briefly-Ross and his wife and his alibi. Then he went on. "I asked her-Aunt Kathy-if she could get in touch with Nancy Ross, just as a friend, and find out if her husband had called her and asked her to change her memory."

"But it doesn't matter. The wife would never testify any way," Marlene Ash objected, repeating Glitsky's earlier argument.

Jackman added to that. "Your aunt's testimony would be hearsay anyway, and probably inadmissible in any event. Isn't that right, Diz?"

But Hardy was no longer interested in parsing the law. He wanted answers and information. He saw that Fisk had begun to wilt under the heat of the lawyer's questions. He wanted to keep him talking, to find out what had happened. "So what did she say anyway, Inspector? Your aunt."

"That Ross had called his wife and told her she was mistaken about that night. He'd been home by ten. She had to remember that. It was important." He looked around the room again. "But Nancy told Aunt Kathy that in fact he hadn't been home by ten, although of course she'd back him up if it was important to Malachi. It was probably some big hush-hush business deal. But she was sure that he hadn't gotten home until way after midnight, which is when she'd gone to sleep."

"Still," Glitsky said, "all that means is that he didn't go straight home." Hardy was reminded of Eric Kensing and all the variables on that score. "Is there any sign that he went to Carla's, though? Have you got any evidence or testimony or hint of anything putting him there?"

Fisk's face fell. "No, sir."

Glitsky threw him a bone. "I'm not saying it's not something, Harlen. And it does make up for the morning, okay. Keep on it. Now, Darrel, how about Driscoll?"

"He did make that phone call, all right. I talked to Roger-the roommate-and got the phone bill. Forty-eight minutes, beginning at nine forty-six."

Everybody worked it out in their heads. Glitsky said, "So he couldn't have made it to Carla's?"

Bracco seemed to agree. "He would have had to fly."

***

It was the bottom of the fourth inning and Hardy was standing in the third base coach's box at Pop Hicks Field in the Presidio. It was a great field in terrific condition in a city starved for playgrounds, but in typical San Francisco fashion, the Little League was probably going to get kicked off it before too long. They might be forced to relocate to a field on Treasure Island, in the middle of the bay. This was because someone had raised the issue that there might be toxins in the dirt. Though none had been found to date, every news story on the issue had pointed out that the Presidio had been a military base for years, after all, and who knew what those military types had dumped where. Probably there was poison everywhere-mustard gas, anthrax, battery acid. Hardy considered it foreordained that they'd shut the field down.

But tonight, it was still a wonderful venue for kids' baseball and Vincent had just opened the Tigers' half of the inning by doubling to the gap in left field-his second double of the night. He was now dancing down the baseline, trying to draw a throw from the pitcher.

Hardy's mind was not as much on the game as it could have been. After the meeting in homicide had broken up and Fisk and Bracco had left, he'd stayed around jawing with Glitsky and Treya, Marlene and Clarence for a few minutes. Marlene seemed to be excited about the prospect of getting her hands on Brendan Driscoll's computer disks, but since Hardy had spent a good portion of the afternoon reviewing those printouts to no avail, he didn't quite share her enthusiasm. He still had copies of Markham's cryptic notes in his briefcase-he thought he'd work on those puzzles over the next few days in his free time.

And in fact, he was doing it now, though still going mostly nowhere.

Clarence, obviously frustrated at the pace of the investigation so far, announced that he had heard from the mayor. His Honor had gotten wind of the second verified homicide from Kensing's list and wasn't much impressed with the DA's subtle approach to Parnassus and its troubles. The HMO was a major contractor with the city and their business practices were seriously suspect. Clarence was now of a mind to go and seize all of its records for the grand jury's perusal and forget about avoiding a possible panic among city workers. People were already beginning to panic-the mayor's office was fielding about fifty calls a day. It was high time to put Parnassus in receivership and turn the grand jury and another team of homicide inspectors concurrently onto this second set of homicides. Whether or not there was any relation between them and the Markham deaths, they were a big deal in their own right.

The mayor was adamant that there had to at least be the appearance of progress-he mentioned creating a special task force if there weren't some results soon. Everybody knew what that would mean. Meddling by amateurs, political deals, compromise, and quite probably no resolution ever. The message was clear: If Jackman wanted to get any credit for fixing this mess, this was his chance and he'd better take it.

The next batter lined a sharp single on one hop to the left fielder and Vincent, running on the hit, was to third base and by him before Hardy got his head back into the game. The throw to home beat his son by fifteen feet. After the play, Mitch, the manager, came down to the end of the dugout. "Diz," he said urgently, "you gotta tell him to hold up on that play. Give him a sign. Come on now. You're coaching. Let's get in the game."

***

The Tigers won in spite of Hardy's mental error, and the team went for pizza to a place on Clement. The whole family had attended the game and didn't get home until 9:30. Frannie and Rebecca had become Survivor fanatics-they'd taped the evening's show and went straight in to watch the replay while Vincent showered, did the last of his homework, made it for the last half of the program. Bedtime rituals consumed another hour, so it was almost midnight when Hardy and Frannie dragged themselves up the stairs to their bedroom.

He came up behind her and put his arms around her as she was brushing her teeth, put his lips against the side of her neck. "I will come straight to bed if you're even remotely alive." They'd been having a decent run of physical contact and he was telling her they could keep the string alive if she wanted, but he knew she was exhausted.

She leaned back into him, managed a goofy smile in the mirror through the toothpaste. "I don't think I am. Aren't you tired?"

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