Homicide (34 page)

“The same thing’s going to happen here and nobody’s doing a damn thing about it,” said Brown. “Wait until we start seeing some of that crack up here. We already got the Jamaican problem up in the Northwest, but does anyone give a damn about that? Hell, no. This town’s gonna break wide open and this department isn’t even gonna know what hit it.”

Fahlteich pointed out that in some ways the homicide unit was its own worst enemy: “Every year we give them a clearance rate above the average, so every year they figure we can make do with what we have.”

“That’s it exactly,” said Nolan.

“So,” Fahlteich continued, “when we come back and ask for more detectives, or better cars or radios or training or whatever, the bosses can look at the rate and say, ‘Shit on that, they don’t need anything more than they got last year.’”

“We’ve done with so little for so long that now it’s coming back to haunt us,” Nolan said. “I’ll tell you, if we get two more nights like this last one, we’ll never climb out of the hole.”

“We might not climb out anyway,” said Fahlteich. “We’ll be lucky to get above sixty percent from where we are now.”

“Hey, if we don’t,” said Ed Brown, “it won’t just stop with the lieutenant. They’ll go and have themselves a housecleaning, and a lot of people up here are gonna be out the damn door.”

“No shit,” agreed Fahlteich.

Then Nolan brought the room to silence. “I think this just might be the year,” he said with the barest of smiles, “when the wheels fall off the cart.”

You are a citizen of a free nation, having lived your adult life in a land of guaranteed civil liberties, and you commit a crime of violence, whereupon you are jacked up, hauled down to a police station and deposited in a claustrophobic anteroom with three chairs, a table and no windows. There you sit for a half hour or so until a police detective—a man you have never met before, a man who can in no way be mistaken for a friend—enters the room with a thin stack of lined notepaper and a ballpoint pen.

The detective offers a cigarette, not your brand, and begins an uninterrupted monologue that wanders back and forth for a half hour more,
eventually coming to rest in a familiar place: “
You have the absolute right
to remain silent
.”

Of course you do. You’re a criminal. Criminals always have the right to remain silent. At least once in your miserable life, you spent an hour in front of a television set, listening to this book-’em-Danno routine. You think Joe Friday was lying to you? You think Kojak was making this horseshit up? No way, bunk, we’re talking sacred freedoms here, notably your Fifth Fucking Amendment protection against self-incrimination, and hey, it was good enough for Ollie North, so who are you to go incriminating yourself at the first opportunity? Get it straight: A police detective, a man who gets paid government money to put you in prison, is explaining your absolute right to shut up before you say something stupid.

“
Anything you say or write may be used against you in a court of law
.”

Yo, bunky, wake the fuck up. You’re now being told that talking to a police detective in an interrogation room can only hurt you. If it could help you, they would probably be pretty quick to say that, wouldn’t they? They’d stand up and say you have the right not to worry because what you say or write in this godforsaken cubicle is gonna be used to your benefit in a court of law. No, your best bet is to shut up. Shut up now.

“
You have the right to talk with a lawyer at any time—before any questioning,
before answering any questions, or during any questions
.”

Talk about helpful. Now the man who wants to arrest you for violating the peace and dignity of the state is saying you can talk to a trained professional, an attorney who has read the relevant portions of the Maryland Annotated Code or can at least get his hands on some Cliff’s Notes. And let’s face it, pal, you just carved up a drunk in a Dundalk Avenue bar, but that don’t make you a neurosurgeon. Take whatever help you can get.

“
If you want a lawyer and cannot afford to hire one, you will not be asked
any questions, and the court will be requested to appoint a lawyer for you
.”

Translation: You’re a derelict. No charge for derelicts.

At this point, if all lobes are working, you ought to have seen enough of this Double Jeopardy category to know that it ain’t where you want to be. How about a little something from Criminal Lawyers and Their Clients for $50, Alex?

Whoa, bunk, not so fast.

“Before we get started, lemme just get through the paperwork,” says the detective, who now produces an Explanation of Rights sheet, BPD Form 69, and passes it across the table.

“EXPLANATION OF RIGHTS,” declares the top line in bold block
letters. The detective asks you to fill in your name, address, age, and education, then the date and time. That much accomplished, he asks you to read the next section. It begins, “YOU ARE HEREBY ADVISED THAT:” Read number one, the detective says. Do you understand number one?

“
You have the absolute right to remain silent
.”

Yeah, you understand. We did this already.

“Then write your initials next to number one. Now read number two.”

And so forth, until you have initialed each component of the Miranda warning. That done, the detective tells you to write your signature on the next line, the one just below the sentence that says, “I HAVE READ THE ABOVE EXPLANATION OF MY RIGHTS AND FULLY UNDERSTAND IT.”

You sign your name and the monologue resumes. The detective assures you that he has informed you of these rights because he wants you to be protected, because there is nothing that concerns him more than giving you every possible assistance in this very confusing and stressful moment in your life. If you don’t want to talk, he tells you, that’s fine. And if you want a lawyer, that’s fine, too, because first of all, he’s no relation to the guy you cut up, and second, he’s gonna get six hours overtime no matter what you do. But he wants you to know—and he’s been doing this a lot longer than you, so take his word for it—that your rights to remain silent and obtain qualified counsel aren’t all they’re cracked up to be.

Look at it this way, he says, leaning back in his chair. Once you up and call for that lawyer, son, we can’t do a damn thing for you. No sir, your friends in the city homicide unit are going to have to leave you locked in this room all alone and the next authority figure to scan your case will be a tie-wearing, three-piece bloodsucker—a no-nonsense prosecutor from the Violent Crimes Unit with the official title of assistant state’s attorney for the city of Baltimore. And God help you then, son, because a ruthless fucker like that will have an O’Donnell Heights motorhead like yourself halfway to the gas chamber before you get three words out. Now’s the time to speak up, right now when I got my pen and paper here on the table, because once I walk out of this room any chance you have of telling your side of the story is gone and I gotta write it up the way it looks. And the way it looks right now is first-fucking-degree murder. Felony murder, mister, which when shoved up a man’s asshole is a helluva lot more painful than second-degree or maybe even manslaughter. What you say right here and now could make the difference, bunk. Did I mention that Maryland has a gas chamber? Big, ugly sumbitch at the penitentiary on
Eager Street, not twenty blocks from here. You don’t wanna get too close to that bad boy, lemme tell you.

A small, wavering sound of protest passes your lips and the detective leans back in his chair, shaking his head sadly.

What the hell is wrong with you, son? You think I’m fucking with you? Hey, I don’t even need to bother with your weak shit. I got three witnesses in three other rooms who say you’re my man. I got a knife from the scene that’s going downstairs to the lab for latent prints. I got blood spatter on them Air Jordans we took off you ten minutes ago. Why the fuck do you think we took ’em? Do I look like I wear high-top tennis? Fuck no. You got spatter all over ’em, and I think we both know whose blood type it’s gonna be. Hey, bunk, I’m only in here to make sure that there ain’t nothing you can say for yourself before I write it all up.

You hesitate.

Oh, says the detective. You want to think about it. Hey, you think about it all you want, pal. My captain’s right outside in the hallway, and he already told me to charge your ass in the first fuckin’ degree. For once in your beshitted little life someone is giving you a chance and you’re too fucking dumb to take it. What the fuck, you go ahead and think about it and I’ll tell my captain to cool his heels for ten minutes. I can do that much for you. How ’bout some coffee? Another cigarette?

The detective leaves you alone in that cramped, windowless room. Just you and the blank notepaper and the Form 69 and … first-degree murder. First-degree murder with witnesses and fingerprints and blood on your Air Jordans. Christ, you didn’t even notice the blood on your own fucking shoes. Felony murder, mister. First-fucking-degree. How many years, you begin to wonder, how many years do I get for involuntary manslaughter?

Whereupon the man who wants to put you in prison, the man who is not your friend, comes back in the room, asking if the coffee’s okay.

Yeah, you say, the coffee’s fine, but what happens if I want a lawyer?

The detective shrugs. Then we get you a lawyer, he says. And I walk out of the room and type up the charging documents for first-degree murder and you can’t say a fucking thing about it. Look, bunk, I’m giving you a chance. He came at you, right? You were scared. It was self-defense.

Your mouth opens to speak.

He came at you, didn’t he?

“Yeah,” you venture cautiously, “he came at me.”

Whoa, says the detective, holding up his hands. Wait a minute. If
we’re gonna do this, I gotta find your rights form. Where’s the fucking form? Damn things are like cops, never around when you need ’em. Here it is, he says, pushing the explanation-of-rights sheet across the table and pointing to the bottom. Read that, he says.

“
I am willing to answer questions and I do not want any attorney at this
time. My decision to answer questions without having an attorney present is
free and voluntary on my part
.”

As you read, he leaves the room and returns a moment later with a second detective as a witness. You sign the bottom of the form, as do both detectives.

The first detective looks up from the form, his eyes soaked with innocence. “He came at you, huh?”

“Yeah, he came at me.”

Get used to small rooms, bunk, because you are about to be drop-kicked into the lost land of pretrial detention. Because it’s one thing to be a murdering little asshole from Southeast Baltimore, and it’s another to be stupid about it, and with five little words you have just elevated yourself to the ranks of the truly witless.

End of the road, pal. It’s over. It’s history. And if that police detective wasn’t so busy committing your weak bullshit to paper, he’d probably look you in the eye and tell you so. He’d give you another cigarette and say, son, you are ignorance personified and you just put yourself in for the fatal stabbing of a human being. He might even tell you that the other witnesses in the other rooms are too drunk to identify their own reflections, much less the kid who had the knife, or that it’s always a long shot for the lab to pull a latent off a knife hilt, or that your $95 sneakers are as clean as the day you bought them. If he was feeling particularly expansive, he might tell you that everyone who leaves the homicide unit in handcuffs does so charged with first-degree murder, that it’s for the lawyers to decide what kind of deal will be cut. He might go on to say that even after all these years working homicides, there is still a small part of him that finds it completely mystifying that anyone ever utters a single word in a police interrogation. To illustrate the point, he could hold up your Form 69, on which you waived away every last one of your rights, and say, “Lookit here, pistonhead, I told you twice that you were deep in the shit and that whatever you said could put you in deeper.” And if his message was still somehow beyond your understanding, he could drag your carcass back down the sixth-floor hallway, back toward the sign that says Homicide Unit in white block letters, the sign you saw when you walked off the elevator.

Now think hard: Who lives in a homicide unit? Yeah, right. And what do homicide detectives do for a living? Yeah, you got it, bunk. And what did you do tonight? You murdered someone.

So when you opened that mouth of yours, what the fuck were you thinking?

Homicide detectives in Baltimore like to imagine a small, open window at the top of the long wall in the large interrogation room. More to the point, they like to imagine their suspects imagining a small, open window at the top of the long wall. The open window is the escape hatch, the Out. It is the perfect representation of what every suspect believes when he opens his mouth during an interrogation. Every last one envisions himself parrying questions with the right combination of alibi and excuse; every last one sees himself coming up with the right words, then crawling out the window to go home and sleep in his own bed. More often than not, a guilty man is looking for the Out from his first moments in the interrogation room; in that sense, the window is as much the suspect’s fantasy as the detective’s mirage.

The effect of the illusion is profound, distorting as it does the natural hostility between hunter and hunted, transforming it until it resembles a relationship more symbiotic than adversarial. That is the lie, and when the roles are perfectly performed, deceit surpasses itself, becoming manipulation on a grand scale and ultimately an act of betrayal. Because what occurs in an interrogation room is indeed little more than a carefully staged drama, a choreographed performance that allows a detective and his suspect to find common ground where none exists. There, in a carefully controlled purgatory, the guilty proclaim their malefactions, though rarely in any form that allows for contrition or resembles an unequivocal admission.

In truth, catharsis in the interrogation room occurs for only a few rare suspects, usually those in domestic murders or child abuse cases wherein the leaden mass of genuine remorse can crush anyone who is not hardened to his crime. But the greater share of men and women brought downtown take no interest in absolution. Ralph Waldo Emerson rightly noted that for those responsible, the act of murder “is no such ruinous thought as poets and romancers will have it; it does not unsettle him, or frighten him from his ordinary notice of trifles.” And while West Baltimore is a universe or two from Emerson’s nineteenth-century Massachusetts hamlet, the observation is still useful. Murder often doesn’t unsettle a man. In Baltimore, it usually doesn’t even ruin his day.