Hardy 05 - Mercy Rule, The (17 page)

Another nod. ‘It’s smoldering already. That’s why I need the order now. I don’t know how long they save the tapes. If it’s a week, maybe I’m already too late. I need last Friday’s.’

Chomorro reviewed the order that Hardy had printed out from the word processor in his office.

‘To: CUSTODIAN OF RECORDS, Wells Fargo Bank, Haight Street Branch.

‘GOOD CAUSE APPEARING THEREFORE, you are hereby ORDERED, upon receipt of reasonable payment therefore, to surrender to Dismas Hardy, counsel of record for Graham Russo, copies of surveillance videotape film for the dates May 9-13, inclusive.’

Below the date was a line for the judge to sign, and this he did, looking up when he was finished, handing over the paper. ‘I haven’t seen you around here in a while, Mr Hardy. You been on vacation?’

Hardy kept it light. ‘Just waiting for the right case.’

Chomorro nodded. ‘Looks like you found it.’

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Graham had his telephone and answering machines unplugged, but in New York on Thursday afternoon a senior editor at
Time —
Michael Cerrone — convinced his boss that the Russo story in San Francisco was a potential cover. On Friday at one-twenty, shivering in the wind and fog — even up on Edgewood — Cerrone knocked on Graham’s door and introduced himself. He had his photographer with him.

‘
Time
magazine?’ Graham said. ‘You’re kidding me.’

Cerrone had seen this response before in people whom fame had sledgehammered. He proffered his credentials.

‘This is so unreal,’ Graham said. ‘Here I just come home from getting laid off and now you want to take my picture for
Time
magazine?’

Cerrone wasn’t much older than Graham, though he looked even younger, with dark hair to his shoulders and an open, inviting smile. In jeans, hiking boots, and a bright blue parka, he was the farthest thing imaginable from a threatening big-city media type. He showed his teeth, grinning. ‘Hey, I know it’s not
Rolling Stone
, but I’ll buy you a beer.’ Then, more seriously, ‘Who laid you off? How come?’

Graham explained it. His employers had no complaints about his work, but due to all the publicity, they’d gotten several phone calls. Potential customers didn’t seem all that thrilled with the idea that their sick patients would be riding in an ambulance with a paramedic who might help them end their suffering. After all this blew over, the ambulance company might reconsider bringing Graham back on, but until then…

‘That sucks,’ Cerrone said sympathetically. ‘Don’t you want to tell your side of it? You’ll never get a better chance.’

Graham Russo thought about it for a couple of seconds, then told Cerrone he might as well come on in out of the cold, bring his photographer in with him.

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The manager of the Wells Fargo branch — a cooperative woman named Peggy Reygosa — was inclined to comply promptly with Hardy’s court order. She wasn’t about to let go of the originals, however, but arranged with the bank’s custodian to make copies for Hardy. Yes, of course she’d tell him to be extremely careful not to erase the originals until he’d checked over the copies.

In her corner cubicle Ms Reygosa assured Hardy that the front entrance to the bank, where the video camera was mounted, was the only way into and out of the building, even for employees. She called in her custodian and asked him to get to work copying the tapes right away. ‘But if you wanted to see when Mr Russo last accessed his box, you should also check the sign-in form. Nobody gets inside their box without signing in.’

‘Even if they have their own key?’

She shook her head. ‘No. It takes two keys — yours and ours — and your signature. The inspectors who were in on Tuesday, they’ve already made a copy of the sign-in sheet. Would you like to see it?’

Bleary eyed, feeling stupid and finessed — he really was out of practice — Hardy told the manager that it would be nice. She got up and returned a couple of minutes later.

It wasn’t much of a formal document, just an oversized page with the bank’s logo on the top, vertical lines intersecting the signature and date lines below, so that each signatory had an individual box. A bank officer had a stamp, which was initialed in the first box, then there was the date, then the signature, and finally the time.

Ms Reygosa came around to peruse the sheet over Hardy’s shoulder. On the line above Graham’s every box had been filled in. Hardy couldn’t make out the name — Ben something — but he’d accessed his box on 5/8, which was Thursday, at 4:40 P.M. A bank officer with the initials A.L. — ‘That’s Alison Li’ — had signed Ben in.

On Graham’s line, Li had initialed her stamp again, but beside that there was only a signature, no time or date. ‘How did this happen?’ Hardy asked. ‘What does this mean?’

It was evidently the first time that Ms Reygosa had studied the document. She straightened up, surprising Hardy by laying a hand on his shoulder, and told him she’d be right back.

While she was gone, he went back to the list. Below Graham, order had once again been restored. On 5/10 — Saturday, he realized — at nine-fifteen, a Pam Barr had signed in. In all there were eight lines below Graham’s through Tuesday night. But there were no names at all for Friday.

He put his hands to his eyes and rubbed them, wondering why nothing was easy. When he looked up again, Ms Reygosa was back with a diminutive, terrified young Asian woman. ‘Alison’ — the peppy friendliness had disappeared — ‘this is Mr Hardy, and I’d like you to explain to him how Mr Russo signed in for his safe deposit box without either a time or a date.’

Hardy smiled, trying to put her at ease, but it didn’t seem to work. She stared at the sheet for what seemed an eternity. ‘I remember this. I
reminded
him about the date and time.’

Hardy kept his voice neutral. ‘But you didn’t see him write them in?’

‘Obviously, no. As you can see, he didn’t.’ She threw a glance at Ms Reygosa, stammered to Hardy, ‘We stamp, you know, after we check the signature, then go into the room with the customer, with our key.’

‘And the customer writes the date and time?’

‘Sometimes. Sometimes I do it.’

‘But neither of you did on this occasion?’

She indicated the sheet. ‘As you see,’ she repeated. ‘Mr Russo, he was in a hurry. He signed and I remember I even said not to forget to put the time, and he smiled like he does, said he’d get it on the way out. He’d remember. But he didn’t, and I must have gotten busy, so I guess neither did I. It seemed like he was anxious to get inside, like he was nervous. He had a briefcase with him.’

I’d be nervous, too, Hardy thought, if I were carrying around fifty thousand dollars in cash. But Hardy had no desire to keep cross-examining the woman. He didn’t want to antagonize her, since if Graham did go to trial, which he considered all but certain, he would be questioning her then. ‘Do you remember what day this was, Ms Li, Thursday or Friday? You said it was near the end of the day. Do you remember the time?’

She was biting her lip, thinking hard. Finally, it seemed to come to her. ‘It was the afternoon. Thursday or Friday, though, I can’t be sure.’

Hardy pointed down at the sign-in document again. ‘Do you remember if it was right after this man, Ben somebody, came in? You signed him in, too, at twenty minutes to five.’

She pondered for another long moment. In his desperation Hardy gave her a hint. ‘No one else signed in on Friday. Mr Russo would have been the only one that day. Does that seem right?’

The poor woman was on the verge of tears. Another glance at her boss, Ms Reygosa, didn’t help. Alison was trying to give Hardy the information he wanted, give him the right answer, but she didn’t know exactly what it was.

Hardy pressed further. ‘You said you thought it was the afternoon, Alison. Did it feel like it was after three o’clock? Mr Russo went to work at three on Friday.’

Suddenly her face cleared, and she let out the deep breath she’d been all but holding for five minutes. ‘Oh, yes, then, it must have been Thursday afternoon. Thursday, I’m sure of it. Near the end of the day.’ She pointed down at the sheet. ‘Maybe we should write it in now that we know?’

Since the inspectors had already copied the original of this document, Hardy — gently — allowed as how that might not be an inspired idea. They should just leave it as it was.

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Hardy’s errand at the bank had, he thought, been supremely worth it.

As it turned out, the Haight Street branch did erase their tapes on a ten-day cycle. Hardy got his copies and spent most of the rest of the afternoon watching television in his living room, the front door of the bank as people came and went. After getting his bearings he got so he could fast-forward until someone appeared in the doorway, stop the tape, determine it wasn’t Graham, and move on. In this way he got through viewing three days of the most boring video he’d ever watched in a little over five hours.

Perhaps it wasn’t conclusive, but at least once he’d seen his copies, he had a good argument that Graham Russo hadn’t entered this bank from the time of his father’s death on Friday until he was arrested on Wednesday morning. If a jury believed this, then it
would
indicate that Graham did not kill his father to get the money. He already had the money and the baseball cards before his father was dead.

During the same viewing period, Hardy’d had no trouble identifying Evans and Lanier when they’d come in to check the safe deposit box.

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Glitsky, Assistant AG Art Drysdale, and San Francisco coroner John Strout sat around the latter’s desk in his office behind the morgue. All around them Strout’s collection of murder weapons under glass, from medieval torture devices to guns and knives, lent a humorous, macabre air to their surroundings, but the three men weren’t joking now. Between them they had assembled the foundations for hundreds of murder cases, and yet their respective roles were not necessarily complementary.

Glitsky and Drysdale — the cop and the prosecutor — viewed themselves as true allies. They found
and interpreted
evidence with the mutual goal of proving that a particular person had committed a crime. They did different work, but it was toward the same end.

Strout, on the other hand, jealously guarded his independence and his objectivity. He was a scientist. If his discoveries helped Glitsky and Drysdale — and they often did — then so be it. But he had no ax to grind. He did not consider himself a lawman, an officer of the court, anything like that. His job was to rule on cause of death. Speculation did not enter into it, nor did politics. If he didn’t know, he said he didn’t know, and vice versa.

At this moment, behind his desk, Strout’s normally unflappable Southern style was being put to the test. Drysdale had decided he wanted to be sure he had Strout’s support in calling the homicide of Sal Russo a murder, and he’d enlisted Glitsky to come down as moral support.

‘Now, Art, that’s just simply not going to happen. I am not
about
to change an opinion without different evidence, and to be honest with you, I’m just a bit offended that you thought I might.’

But Drysdale had his game face on. Dean Powell — the attorney general — had told him what he wanted in the best of all worlds, and if it were gettable, Drysdale was going to get it. Strout’s feelings would heal. ‘You’ve already called it a homicide, John—’

Strout was holding a hand up. ‘Well, that’s just plum inaccurate, Art. I did not say it was a homicide. I called it a suicide equivocal/homicide, which is not the same thing. It means I can’t say for sure that Russo didn’t kill himself.’

‘Mr Powell thinks that’s splitting hairs.’

Strout removed his wire-rimmed spectacles. ‘Well, Mr Powell can hire himself another pathologist and get himself another opinion, but he’s already got mine, and it’s stayin’ the way it is.‘

Glitsky thought he would try to calm the waters. ‘You know Art doesn’t mean to insult you, John. He’s asking if there’s anywhere this can bend, that’s all. Okay, it
could have been
suicide — we accept that—’

‘Well, thank you all to hell, Lieutenant.’

Glitsky ignored him. ‘But isn’t there anything that militates against it? Makes it a little more likely somebody killed him?’

‘The bump, for example.’ Drysdale had studied the autopsy report carefully. He had years of experience, and to him it read like a murder. Someone had whacked Sal to knock him out, then administered the fatal dose of morphine. It was open and shut.

Unfortunately, other scenarios were possible. Maybe not as probable, but medically feasible. It made him short tempered.

Strout kept his glasses off, but sat back in his chair, elbows on its arms. ‘The bump was caused, as I mentioned, by a blow to the head, which is not inconsistent with the deceased banging it on the table as he fell down.’

Drysdale didn’t buy that at all. ‘That would have meant he fell backwards, John. How could he fall backwards unless somebody pushed him? There was no hair on the table. He didn’t hit the table. He got hit by the whiskey bottle.’

Strout made a gesture at Glitsky, who reluctantly spoke up. ‘The bump didn’t even bleed, Art. It’s not inconsistent that it didn’t take any hair—’

Betrayed by his ally, Drysdale bit out the words. ‘Not inconsistent, not inconsistent! You fellas got a tape loop going down here?’

Strout impatiently explained some more. ‘There was sufficient edema — which, as both of you know, is swelling — to allow for the flow of blood for a half hour or more.’ He turned his palms up. ‘He was alive, Art. The blow to the head didn’t kill him. I can’t even say for sure it knocked him out. If it did, it wasn’t for more than a few seconds.’