Double Tap

CHAPTER FIVE

The county has finally sorted out the problem at the jail and eased up on the lockdown. Harry and I are back, closeted with Ruiz in the cement cubicle for another conference.

According to the transcript of the preliminary hearing, the cops are operating on the theory that Chapman jilted Ruiz and that he smoldered for six months or so before he confronted her at her home and killed her. There is speculation in the press that he may have stalked her, but if the cops have evidence of this, they have yet to produce it.

“You said you left the assignment six months before she was murdered?” I ask.

“Right. I did. But she called. Said she had to talk to me. I told her I was busy, no longer on the assignment. But she said it regarded a matter of personal security. She was scared. She said she couldn’t discuss it on the phone but she had to talk to me.”

“So you went to see her?”

He nods.

“Where?”

“A small restaurant in San Diego, on the edge of the Gaslamp Quarter. She was careful. Didn’t want anybody to see us talking. She said it was far enough from La Jolla that people would be less likely to recognize her there. It was mid-morning, between breakfast and noon, so the place was empty. We talked about twenty minutes. She wanted to know if I could help her.”

“What did she want you to do?”

He looks at me, then offers up a healthy sigh. “She. . she said she had some security concerns. She wanted to know if I could follow her just for a few days. Keep an eye on her from a distance. She said it wouldn’t last long and that there was probably nothing to it.”

“Why didn’t she just call the security detail back in?” I ask.

“I don’t know. She said it was complicated. There were some issues she couldn’t discuss. There was some corporate infighting at Isotenics. Nothing unusual. Madelyn was always afraid she was losing ground on issues of control ever since the corporation had gone public a few years earlier. It was an obsession with her. With Madelyn you were either an ally-in which case she thought she owned you-or an enemy. There was nothing in between. Seems there was a minority faction on the board wanted to wrest control from her. She was sure she’d win in the end.”

“I don’t understand,” says Harry. “What did that have to do with her personal security?”

“Some members of the board had made an issue over some of the perks she was getting: the two corporate jets, the fleet of stretch limos, the entourage of security wherever she went. They said it was extravagant. And there had been some bad press. One of the national business magazines did a story, CEOs who live like rajas. Madelyn got her own picture. Half-page spread. She was fit to be tied, spitting vinegar. She suspected enemies on the board had fed the reporter information and then used the story against her.”

“She told you this?”

“Not in so many words. But I know that that’s why she canceled the personal security detail. She also unloaded the limos and ordered the red Ferrari so she could start driving herself around. If she went back to the board and told them she wanted the executive security detail brought back, she’d have to give them a reason. What she told me was that she couldn’t tell them why she needed it. She also refused to tell me.”

“So whatever it was that frightened her, she didn’t want her own board to know about it?”

“All I can tell you is what she told me. Whatever was going on, she didn’t want the board to know about it.”

“You think she was violating directions that they’d given her?”

“I don’t know. She was willing to pay me on the side for some informal security. I told her it was not a good idea. Whatever I did alone in my spare time was likely to have holes in it-that if there was a real threat, it wouldn’t do much good if I was a hundred yards away watching through binoculars. Also I wasn’t available all the time. I had other assignments, clients with Karr, Rufus I had to attend to. She said she’d find somebody to spell me when I wasn’t available, that we could work out a schedule. She said it would only last for a week or ten days.”

“And you agreed?” Harry asks.

“Yeah.” He doesn’t seem happy about this. “I know I shouldn’t have done it. I’m thinking it probably did more harm than good. Probably gave her a false sense of security. It was a big mistake.”

“Go on.”

“Whoever it was who scared her, I think he killed her,” says Ruiz. “And I wasn’t there to stop it.”

“Where were you that afternoon?”

“At home. In my apartment, asleep. I was working the graveyard on another detail later that night. And of course there was nobody there with me. So I have no alibi.”

“Did she hire anybody else, to back you up?”

He shakes his head. “Not that I know of. She never got around to it. I’d watch the house two or three nights a week. I figured she’d be okay at the office. Besides, I couldn’t get on the Isotenics campus anyway. Not without explaining what I was doing there. And they had ample security on the grounds.”

“Unless whoever threatened her was working there,” says Harry.

“What else could I do?”

“You think she might have been afraid of Satz?” I ask. “You said they had a falling-out.”

“I don’t know. It’s possible. One thing she did tell me and it’s all I know. She said she’d promised something to someone and then she was unable to deliver. They were angry. Whoever it was was threatening her. Nothing in writing, ‘cuz I asked her about it. I figured if there was some evidence, she could take it to the cops. She said there wasn’t any evidence, but even if there was, she couldn’t go to the police. One thing is sure: whoever it was had her on the spot.”

“If she couldn’t tell her board and couldn’t tell the cops,” says Harry, “could be that whatever she was involved in was illegal.”

Ruiz shrugs, shakes his head. He doesn’t know. “There was one other thing.”

“What’s that?” I ask.

“I thought she mentioned a name. . No, it can’t be.”

“What?”

“Nothing,” he says. “I think I must have misunderstood her.”

I give him a look, a stern question mark.

“It’s just she was talking so fast, and I wasn’t taking notes. She was excited, said she didn’t have much time, had to get back to the office. I thought she said something about Walt Eagan. But that can’t be right.”

“Who’s Walt Eagan?” says Harry.

“He was one of her assistants. Eagan headed up R amp; D for Isotenics. He’d been with Madelyn from the beginning. Sort of her man Friday. Her first hire when she started out. From what I gather, the guy was a software wizard. Real heavyset, wore jeans to work, didn’t quite fit into the corporate culture at the place. But Chapman kept him on ‘cuz she trusted him. Any important jobs got handed off to Walt. And he reported directly to her. But I think I must have just gotten confused, heard something that I didn’t.”

“Why is that?”

“Because by the time of the conversation with Madelyn at the restaurant in San Diego, Eagan was already dead.”

I look at Harry. “How did he die?” I ask.

“Nothing sinister,” says Ruiz. “He died of cancer, a little over a year after I went to work there. I remember because Madelyn took it hard. She was also up to her ass trying to handle everything on his desk and find a replacement. I don’t think she ever did. But whatever it was that scared her, I don’t see how it could have had anything to do with Eagan. Like I say, the man was dead at least six months by the time she called me to meet her at the restaurant.”

“You said Madelyn had a bad temper,” says Harry. “Did she ever get angry with you?”

Ruiz looks at him. “What is this about?”

“The cops are operating on the theory that you killed her following a lover’s quarrel,” says Harry. “Would be good to test out their theory before we get to trial.”

“We weren’t lovers-not in the way you’re suggesting. And I didn’t kill her. And no, she never displayed any anger toward me.”

“But according to you, she had a temper and she could get physical.”

“Yeah. At times.”

We probe his employment with Karr, Rufus. Ruiz said he had worked for the security firm just a shade under two years. The executive protection assignment at Isotenics was one of his first jobs. He’d been on board with Chapman for about sixteen months when she pulled the plug and told her board she didn’t need security any longer.

“And during this period you would be what, twenty-four hours on, twenty-four off?”

“Usually. Sometimes more. Sometimes less, depending on whether we were traveling or at home. I made arrangements for all travel to and from, screened her calendar for any threats or risks. I’d escort her to and from vehicles, travel with her on the corporate jets whenever she went off on business. If we were away for any length of time, there would usually be two or three of us assigned. And of course at the house I always tried to have another guy there. For reasons that sometimes had less to do with security.”

“But you would be in charge of the detail?”

“I was the lead on the assignment, yeah.”

“And when Ms. Chapman was at home, where would you be?”

“If I was on duty I would be there, at her house.”

“You had a room there?”

“Yeah.”

“Where was it?”

“Upstairs, second floor.”

“Where was her room?”

“Same floor. Just down the hall.”

“Anybody else live there with her on a regular basis?”

“No. Except for my backup, as I said. She had a maid, a live-in, but it didn’t last. Woman quit. Walked out one day and never came back.”

“The security contract. What else did it call for besides executive protection?” I ask.

“Oh, everything: training for drivers, corporate espionage, uniformed armed security for the corporate headquarters. I suppose you’ve seen their facilities out by the university.”

“You mean Software City?”

Ruiz nods. “Most of the property out there belongs to Chapman’s company.”

“So it was a sizable contract. How did Karr, Rufus land it?”

“You’d have to ask them that.”

“What about Karr, Rufus? Tell us a little bit about the firm.”

“What’s to say? They’re an employer of opportunity for retired military like myself. They have contracts all over the world, some with our own government, some with other governments, private corporations. That sort of thing. Company’s headquarters are here in San Diego. Offices in five other cities, but this is where they do most of their hiring. They draw from Pendleton, the Marine base, and the naval base out on Coronado, North Island. Mostly retired military personnel. Once in a while a law-enforcement type, but not often.”

“But you were in the Army,” says Harry.

“Yeah, I heard they were looking for new hires so I came out and applied. They offered me a job. It pays well, or did until they canned me.”

“I take it you had a boss, a supervisor you reported to.”

“Jerry Comers. Nice guy. Easy to get on with. He was former Navy. Better than some of the sups they had there. A couple of former Marine staff sergeants. You know the type: tight-ass jarheads. Humorless. So I guess I lucked out.”

“Was it Comers who interviewed you for the job? Assigned you to provide security for Madelyn Chapman?”

“He gave me the assignment. But I suspect it came from higher up. As for hiring, only one man does that: Max Rufus, managing partner. You go through a series of screening interviews, panels, like a promotion board in the military for officers. But everybody has to pass muster with Rufus, sit for an interview with the man and pass it before you’re hired. Blow that and you can forget it. He personally passes on all the company’s employees, has as long as the company’s been around.”

“I take it Isotenics, Chapman’s company, was one of their larger clients?”

“As private companies go, it would have been a big contract. I’m not sure if it was the largest. You’d have to ask them.”

“Before your job with the firm, what did you do?”

“I was active duty Army.”

“Where?”

“Lotta places. Mostly Georgia. Fort Benning. Fort Bragg in the Carolinas. That was my last duty station.”

“What did you do there?”

“What is this, twenty questions?”

“What was your MOS?” I ask.

“Ground pounder. Infantry. Did some training assignments.”

“What, like a drill sergeant?”

“Not exactly. Training in special weapons, tactics, that sort of thing.”

“You weren’t by any chance in one of the Army’s elite units?”

“I did some time in the Rangers.”

“How many years?”

“I don’t know. Twelve. Maybe a little more.”

“Jump school?”

He nods. This is like pulling teeth. There is something Ruiz isn’t telling me. I begin to suspect that perhaps he has done time, either in the brig or maybe at Leavenworth. Still, it doesn’t make sense: soldiers who do hard time for serious crimes face a dishonorable discharge, and Ruiz has an honorable discharge and full retirement benefits. I make a mental note to check it out.

“So Karr, Rufus couldn’t have been too happy when one of their own was arrested for killing the CEO of a major client.” Harry’s tact could use a little polishing, but his statement is to the point.

“They fired me the day after the prelim as soon as the judge bound me over for trial. I suppose they had to keep me on the books until then. According to Kendal, anything else would have sounded too much like an admission.”

On this score Kendal was probably right. Over the last two weeks there have been stories in the press that Chapman’s company has been consulting its own lawyer as to whether it might have a civil claim for money damages against Karr, Rufus, depending on what they knew and when they knew it regarding Ruiz’s background. Isotenics will be watching our case closely, as will lawyers for Karr, Rufus, who will be anxious to have their client sidestep anything messy that might splash their way. They will want to know whether Ruiz should have been considered a risky employee when he was hired, whether he’d had scrapes with the law previously, perhaps in the military. All of this becomes grist for the mill.

Harry starts to home in on one of the critical questions. He wants to know whether there was a specific reason the corporation hired executive protection for Chapman. “Any names you can give us, people who may have threatened the victim? There must have been a reason you were hired.”

A good lawyer given just one such candidate can take a shot at crafting the honored “SODDI” defense: some other dude did it. There are silver-tongued artists who, given this opening, wouldn’t even have to point a finger, would just nod in the general direction while broadcasting seeds of doubt like a tuberculosis victim coughing on the jury. Feed and cultivate this with care for a few days and it’s anybody’s guess what noxious weed might spring up out of the jury box to strangle the state’s case.

“Threats came with the turf,” says Ruiz. “I mean, people with Madelyn’s kind of money and social status aren’t likely to be loved.”

“So there were threats?” Harry asks, a note of surprise in his voice.

“Sure. It ran the gamut,” says Ruiz. “Nutcases, most of ‘em. People who claimed she stole their software. Former employees who took their job termination personally. Then you get the people at Christmastime whose lights aren’t all blinking, see her picture on the society page, and send her season’s greetings with a P.S.: ‘Wish you were dead.”’

“These were in writing?” Harry is making notes.

“Some of them. Some were called in, some by e-mail and fax. A couple of times they were hand delivered to the front counter in envelopes addressed to Madelyn Chapman, President and CEO, Isotenics Corporation and marked Personal or Confidential like she was gonna open them herself. I guess they figured that way whoever delivered them would have time to get away before they were opened upstairs. We were able to nail one of them from pictures on the videotape at the public counter.”

“And the letters: any of them threaten to kill her?”

Ruiz makes a face and nods as if to say this would be in the natural order of things. “Sure.”

“And the company has these?”

“In their files, I suppose. We always advised them to keep this kind of mail. That was the procedure so we could track past correspondence if anything happened.”

“Good advice.” Harry can’t believe his good luck. He wants the name of the custodian or clerk in charge of filing and maintaining executive death threats at Isotenics so he can serve the guy with a subpoena.

“There was one event that pushed ‘em to hire security for her,” says Ruiz.

“And what was that?” I ask.

“Some nut nailed her with a cream pie at a shareholders’ meeting a couple of years ago. That’s what got the company’s attention. The board of directors finally woke up and realized it could’ve just as easily been somebody with a gun. It was shortly after that they called us in and we got the nod to go to work.” Ruiz starts to see the implications for his case. When you’re charged with murder it never hurts to have a victim who wasn’t loved. Besides the specter of a victimless crime, it increases the universe of possible perpetrators, hopefully to the point of confusion for the jury.

“Hell, if I had a dollar for every one of those letters came in, I could’ve quit and clipped coupons from a hammock on the beach two years ago,” says Ruiz. He is smiling now, warming to the idea that he is not alone in the universe of possible suspects.

Still, it leaves us to deal with one of the overarching ironies of the state’s case against him. A corporation hires executive protection that, according to the cops, ends up murdering the company CEO. It’s the kind of paradox that can lead jurors astray, causing them to disregard issues of reasonable doubt and focus instead on just how hard they might want to jump on the scales of justice to compensate for life’s inequities.

“Let’s talk about the firearm, the gun used to kill her.” I shift to another subject.

With this the smile evaporates from Ruiz’s face.

I look at him. “I understand it was traced to you.”

“Yeah.” Ruiz expels a deep breath as if to say sooner or later he knew we would get around to this. “What can I say? It was mine.”

“Not according to the federal government,” says Harry.

“I didn’t kill her, if that’s what you’re thinking.”

The only evidence that came in on the firearm during the preliminary hearing came from the police. They were able to trace the handgun, an exotic.45 automatic, back to its last owner, the United States government, more specifically, the Army base at Fort Bragg, North Carolina. The problem for Ruiz is that government records show the firearm by serial number as having been issued to one E. Ruiz, his signature and military ID number on a form nine years before the murder. After that there is nothing, no record to show that he ever turned it in or surrendered it upon his discharge from the military.

“Tell us about the gun,” I say. “How did you get it?”

Ruiz cocks his head a little to one side, shrugs a shoulder. “I kept it when I left the Army. No big thing,” he says. “It’s not that unusual. A lot of times they don’t even check. Hell, half the people I know retired from the Army kept their sidearms. Besides, a piece like that, it’s accurized. You know, I mean for your own touch and feel. It’s like a pair of boots: once you break ‘em in, who else is going to wear them? I spent maybe a hundred hours working on it, stripping it down, changing out bushings, shot out I don’t remember how many barrels and replaced them, reworked the action, adjusted the pull on the trigger for my finger. I lived with the thing. By the time I was finished with it, there probably weren’t two parts in that firearm that were the same as when it was issued. The action, that’s it.”

“Yes, but unfortunately for you, one of them was the frame with the serial number,” Harry counters.

The expression on Ruiz’s face concedes the point.

“All of that aside,” Harry continues, “let’s be up front. You stole it, right?”

There is a lot of grousing, grudging expressions from Ruiz on this before he finally says: “Yeah, I suppose you could say that.”

“You can be sure that’s what the cops are going to say when they get on the stand in your trial,” says Harry. “It’s a major point for them, and while it doesn’t go to the murder itself, it goes to the murder weapon, the tracing of the firearm. We probably can’t keep it out.”

“Let’s not jump to conclusions,” I say.

“What?” Harry turns to me. “Like a jury isn’t going to make inferences that a man who steals a gun might use it in a crime? Let’s be realistic.”

“Actually, that might be a point for our side,” I tell him. “After all, Mr. Ruiz had to know that the firearm was registered in his name on military records. You did know that, didn’t you?” I look at Ruiz.

He nods.

“So if he knew the weapon was going to be traced back to him, why would he use it to kill Madelyn Chapman? It doesn’t make any sense.”

“Lovers’ quarrel, crime of passion. People don’t take time to think under those circumstances,” Harry points out. “Besides, it’s the fact the gun was stolen that puts him in a bad light. You have to admit, it’s not something that helps the case.”

“That may depend on whether Mr. Ruiz takes the stand. Right now all they can say is that the firearm once owned by the federal government, according to their records, was last known to be in the possession of our client. That was six years ago. Without Mr. Ruiz’s admission on the stand, they can’t say whether it was stolen by him or lost somewhere along the way. Fact is, they don’t know what happened to it.”

Harry looks at me a little cross-eyed, like I’m crazy. Any rational jury can connect the dots. “What are you saying? That we can sell the jury on the theory that somebody else managed to get ahold of a firearm that was once issued to the defendant? That they held it for God knows how many years and they used it to kill Madelyn Chapman so they could frame him? Why?”

I give him a look like Who knows? “I’d be willing to bet that military records regarding issuance of firearms and ammunition aren’t that orderly or neat. You can bet they make mistakes and that somewhere there’s a written report or a government audit showing the frequency of such errors: lost or stolen firearms, military weapons used in crimes. It’s the one thing you can count on in any government bureaucracy: they keep records on everything, including their own mistakes. All I’m saying is that we can shower a good deal of doubt on who had this gun last.”

“Yeah, but here the defendant kn-” I put up a hand and stop him before Harry can finish the thought: that it’s too much of a coincidence that Ruiz knew the victim, had stayed overnight in her house, and that his firearm was used to kill her.

I look at Ruiz. “Let me ask you: Do you have any sense as to how often the Army might make mistakes in this area? Say somebody checks a gun back in and fails to sign off, or they lose a piece of paper. There are people in the military, I assume, who would know this, if in fact it’s a problem. We could put them on the stand.”

What I am telling Ruiz is that there may be a way to put an evidentiary wedge, a slice of reasonable doubt, however slender, between him and the murder weapon, deceptive as this may be.

I stop talking and all eyes are on him. Ruiz looks to Harry, then back at me. Finally he shakes his head. “I don’t get it. What’s the point?” he says. “The gun is mine.”

It’s the thing about desperate defendants, especially those laboring under a psychic load of guilty knowledge with no one to share the burden. In such cases it’s the rare soul who won’t grab any straw in an effort to weave some gold. And I’ve never known one yet to ask questions about ethics in the process.

“I think you understood it very well, Mr. Ruiz. It’s simple and it’s straightforward. It’s called the truth. It’s not the answer a lawyer might look for in court, but then, a smart lawyer would never put you on the stand and allow the question to be asked since he already knows, as I did, that any other answer would be a lie and would likely be exposed as one.”

“So you’re testing me to see if I’ll tell you a lie?”

“You have to excuse him,” says Harry. “He’s a lawyer.”

“And you’re telling us that you didn’t kill Madelyn Chapman and you don’t know who did. Is that right?”

Ruiz looks at me for a second, wondering, I’m sure, what part of the question is a trick. “Yes, sir, that’s exactly what I’m telling you. You don’t believe me, I guess I’m just going to have to go look for another-”

“Relax, Sergeant. I believe you.”