Re: Decisions AUwA (Mature) 08/02/2010
Posted: Thu Aug 05, 2010 11:48 pm
It was 5:28 PM and late in the day – especially for some of those in the group who had been up most of the preceding night. The group that was scheduled to meet in two minutes didn't have a formal name although if it had it would have been something like the Liz Parker attempted murder task force.
At the head of the table were two people – Deputy DA Al Mariscal, and Deputy Pembroke. The other members wandered in just before the appointed minute and took their seats. Two were from the lab, one was Deputy Fred Hufnagel. Deputy Pembroke called the little group together.
“For those of you who haven't heard, the Evans kid was released into his mother's custody. We have him under surveillance and we have Miss Parker under surveillance. As I'm sure you must realize, that stretches the detective unit pretty thin, even with the uniformed officers covering the Evans kid. I know you've been working your tails off, but we're going to all be getting a lot of overtime if we don't crack this. Arnie,” he said, nodding his head toward the ballistics guy, what can you tell us about the rifle?”
“Well, got some good news and some bad news there. The rifle was sold to a dealer up in Colorado originally – but that was decades ago. We don't even have a record of whoever the first buyer was – let alone how it wound up in Roswell New Mexico. It certainly isn't a common gun and actually has a certain collectible value besides its value just as a high powered long distance varmint gun. Unfortunately, none of the collectors I contacted knew of any such rifle being lost or stolen. That's the bad news. The good news is that the ballistics are a dead match. I can state beyond any reasonable doubt that the bullets that impacted in the girls room have been fired from this rifle. I can also state that the bullets are consistent with the ammunition found in that Jeep. I'm about 99% sure that they are from the same lot number, but I've sent off samples to the FBI lab and they'll do a neutron activation analysis on them. If both check out identical in trace impurities that'll tell us beyond any reasonable doubt that the bullets taken from the girl's room were swaged from the same material stock as the ammunition found in the jeep. My guess is that they are.”
“What's the bad news?” asked Pembroke.
“The bad news is that there were over seven sets of latent prints on the gun plus – I think – three partials. None of them match the Evans kid,” replied Erni Silverman - the other lab guy. I'm sure there are people in the faculty and administration of the high school who DIDN'T touch that rifle – but not just a hell of a lot of them.”
“Still, the fact that we found it in the boy's locker….,” started Pembrose. Al Mariscal just shook his head and finished the sentence for Pembroke, “...means not one damn thing, not when the chain of custody is this fouled up and not when the kids own prints aren't on the rifle. Even if I could get a grand jury to indict – and I most likely couldn't – the case wouldn't last two minutes in court.”
“We are trying to save a girl's life here,” said Pembroke.
“Which we won't do if we get the case thrown out – maybe even dismissed with prejudice – if we try to hang the kid based on anything that flimsy,” finished the assistant DA.
Pembroke started to argue, but was cut off by the fingerprint guy from the lab clearing his throat.
“That,” he said, “...was the bad news. There is some good news,” He held up a plastic evidence bag with an aluminum can visible inside it. “This Pepsi can that was retrieved from the grain elevator. It has a positively beautiful set of latent prints of one Maxwell Evans.”
Pembroke looked at Mariscal. “Come on, Al, that's GOT to be enough...”
Mariscal just looked at the lab guy. “How do you know that can is the same one that was picked up in the grain elevator? It's not IN the grain elevator.”
“But we have a perfectly valid chain of custody from the grain elevator to here,” protested the lab technician.
“Yeah, but you have no idea how it got from Max Evans' hand to the grain elevator. The Pepsi can is not the weapon – it's not incriminating – anyone can have his fingerprints on a Pepsi can and it doesn't mean anything.”
“It means he lied about never being in the building,” protested Pembroke.
“Or that someone picked it up and put it in the building to incriminate the boy.”
“I thought you were on our side on this, Al...”
“Do not start that crap with me. You know what Diane Evans is going to say about the rifle – that it was placed in the boy's locked for the purpose of incriminating him. There is nothing about a Pepsi can with the boy's finger prints being on a pop can in the shooter's roost inconsistent with that claim. If Diane Evans can make the jury believe that someone put the rifle in the kids locker – which she can - and the ammunition in the kid's car – which his sister swore to us was not there when they went in to the building – and she can make them believe that too – she is going to have no difficulty making the jury believe that someone found a pop can in the trash that the kid had discarded and used it to frame him. We have not caught the kid in a single lie.”
It was apparent that Pembroke was tired and angry and – about to lose it. That's when Hufnagel raised his hand.
“Well I've got some bad news and some good news too – about those security tapes.”
Pembroke nodded for him to go ahead.
“The bad news was that the security system in the halls wasn't designed to do anything but document who started fights and how the faculty went about breaking them up. The lighting at night – when the Evans kid would have had to have hidden the gun – was so bad that it quickly became apparent to me that those tapes weren't worht looking at. That gave me more time to look at the door tapes and – on the door near the science labs – I found this.”
Hufnagel hit the remote control in front of him and the conference room screen showed a figure leaving the school in the early morning. The figure was clearly Max Evans.
“Got him,” said a smiling Pembroke. He looked at a somber-faced Mariscal. “What's the matter, Al? Don't tell me THIS isn't enough?”
“No. We need to wait until the transcriptions done – then run it out to the Evans place. As soon as he signs it we'll have him on an open and shut case of obstruction of justice. On that alone we can lock him up. Tomorrow I'll take this to the Grand Jury and – I'm sure – they'll indict the kid for attempted murder.”
“Well why the long face, then? You can't possibly want the kid to get off?”
“No....no, I don't. I was just thinking about Diane Evans. She's... well, she's a good person. I always sort of hoped she'd run for Superior Court judge. She'd make a good one. I thought maybe – once her kids were off to college. Damn, she really cares for her kids – both of them. This is just about going to kill her.”
“Well, the Parker's are going to sleep a whole lot easier tonight, that's for sure. So are the guys who have been staking out the Parker home, too,” said Pembroke with a cheerful smile.
At the head of the table were two people – Deputy DA Al Mariscal, and Deputy Pembroke. The other members wandered in just before the appointed minute and took their seats. Two were from the lab, one was Deputy Fred Hufnagel. Deputy Pembroke called the little group together.
“For those of you who haven't heard, the Evans kid was released into his mother's custody. We have him under surveillance and we have Miss Parker under surveillance. As I'm sure you must realize, that stretches the detective unit pretty thin, even with the uniformed officers covering the Evans kid. I know you've been working your tails off, but we're going to all be getting a lot of overtime if we don't crack this. Arnie,” he said, nodding his head toward the ballistics guy, what can you tell us about the rifle?”
“Well, got some good news and some bad news there. The rifle was sold to a dealer up in Colorado originally – but that was decades ago. We don't even have a record of whoever the first buyer was – let alone how it wound up in Roswell New Mexico. It certainly isn't a common gun and actually has a certain collectible value besides its value just as a high powered long distance varmint gun. Unfortunately, none of the collectors I contacted knew of any such rifle being lost or stolen. That's the bad news. The good news is that the ballistics are a dead match. I can state beyond any reasonable doubt that the bullets that impacted in the girls room have been fired from this rifle. I can also state that the bullets are consistent with the ammunition found in that Jeep. I'm about 99% sure that they are from the same lot number, but I've sent off samples to the FBI lab and they'll do a neutron activation analysis on them. If both check out identical in trace impurities that'll tell us beyond any reasonable doubt that the bullets taken from the girl's room were swaged from the same material stock as the ammunition found in the jeep. My guess is that they are.”
“What's the bad news?” asked Pembroke.
“The bad news is that there were over seven sets of latent prints on the gun plus – I think – three partials. None of them match the Evans kid,” replied Erni Silverman - the other lab guy. I'm sure there are people in the faculty and administration of the high school who DIDN'T touch that rifle – but not just a hell of a lot of them.”
“Still, the fact that we found it in the boy's locker….,” started Pembrose. Al Mariscal just shook his head and finished the sentence for Pembroke, “...means not one damn thing, not when the chain of custody is this fouled up and not when the kids own prints aren't on the rifle. Even if I could get a grand jury to indict – and I most likely couldn't – the case wouldn't last two minutes in court.”
“We are trying to save a girl's life here,” said Pembroke.
“Which we won't do if we get the case thrown out – maybe even dismissed with prejudice – if we try to hang the kid based on anything that flimsy,” finished the assistant DA.
Pembroke started to argue, but was cut off by the fingerprint guy from the lab clearing his throat.
“That,” he said, “...was the bad news. There is some good news,” He held up a plastic evidence bag with an aluminum can visible inside it. “This Pepsi can that was retrieved from the grain elevator. It has a positively beautiful set of latent prints of one Maxwell Evans.”
Pembroke looked at Mariscal. “Come on, Al, that's GOT to be enough...”
Mariscal just looked at the lab guy. “How do you know that can is the same one that was picked up in the grain elevator? It's not IN the grain elevator.”
“But we have a perfectly valid chain of custody from the grain elevator to here,” protested the lab technician.
“Yeah, but you have no idea how it got from Max Evans' hand to the grain elevator. The Pepsi can is not the weapon – it's not incriminating – anyone can have his fingerprints on a Pepsi can and it doesn't mean anything.”
“It means he lied about never being in the building,” protested Pembroke.
“Or that someone picked it up and put it in the building to incriminate the boy.”
“I thought you were on our side on this, Al...”
“Do not start that crap with me. You know what Diane Evans is going to say about the rifle – that it was placed in the boy's locked for the purpose of incriminating him. There is nothing about a Pepsi can with the boy's finger prints being on a pop can in the shooter's roost inconsistent with that claim. If Diane Evans can make the jury believe that someone put the rifle in the kids locker – which she can - and the ammunition in the kid's car – which his sister swore to us was not there when they went in to the building – and she can make them believe that too – she is going to have no difficulty making the jury believe that someone found a pop can in the trash that the kid had discarded and used it to frame him. We have not caught the kid in a single lie.”
It was apparent that Pembroke was tired and angry and – about to lose it. That's when Hufnagel raised his hand.
“Well I've got some bad news and some good news too – about those security tapes.”
Pembroke nodded for him to go ahead.
“The bad news was that the security system in the halls wasn't designed to do anything but document who started fights and how the faculty went about breaking them up. The lighting at night – when the Evans kid would have had to have hidden the gun – was so bad that it quickly became apparent to me that those tapes weren't worht looking at. That gave me more time to look at the door tapes and – on the door near the science labs – I found this.”
Hufnagel hit the remote control in front of him and the conference room screen showed a figure leaving the school in the early morning. The figure was clearly Max Evans.
“Got him,” said a smiling Pembroke. He looked at a somber-faced Mariscal. “What's the matter, Al? Don't tell me THIS isn't enough?”
“No. We need to wait until the transcriptions done – then run it out to the Evans place. As soon as he signs it we'll have him on an open and shut case of obstruction of justice. On that alone we can lock him up. Tomorrow I'll take this to the Grand Jury and – I'm sure – they'll indict the kid for attempted murder.”
“Well why the long face, then? You can't possibly want the kid to get off?”
“No....no, I don't. I was just thinking about Diane Evans. She's... well, she's a good person. I always sort of hoped she'd run for Superior Court judge. She'd make a good one. I thought maybe – once her kids were off to college. Damn, she really cares for her kids – both of them. This is just about going to kill her.”
“Well, the Parker's are going to sleep a whole lot easier tonight, that's for sure. So are the guys who have been staking out the Parker home, too,” said Pembroke with a cheerful smile.