Gone, but not forgotten

Chapter Twelve.

"Let me tell you how I see it, Mrs. Tannenbaum," judge Norwood said. "I know what the Constitution says about confronting the witnesses and I'm not saying you don't have a point, but this is a bail hearing and the issues are different at trial. What Mr. Page is trying to do is convince me he's got so much evidence a guilty verdict at the trial is almost a sure thing. He thinks some of this trial evidence is going to come from this missing detective or from someone else in New York. I'm going to let him tell me what the evidence is, but I'm also going to take into account that he doesn't have his witness and may not be able to produce her, or these other detectives, at trial. So, I'll decide what weight to give to this testimony,]) I'm going to let it in. If you don't like my ruling, I don't blame you. I might be wrong. That's why we have appeals courts. But, right now, Mr. Page can testify."

Betsy had already made her objections for the record, so she said nothing more when Alan Page was sworn in.

"Mr. Page," Randy Highsmith asked, the evening before the bodies of Victoria Miller, Wendy Reiser, Laura Farrar and an unknown male were unearthed at a construction site owned by the defendant, did a woman visit you at your residence?"

"Yes."

"Who was this woman?"

"Nancy Gordon, a detective with the Hunter's Point Police Department in New York."

"At the time of Detective Gordon's visit were the details surrounding the disappearances of the three Portland women widely known?"

"To the contrary, Mr. Highsmith. The police and the district attorney's office weren't certain of the status of the missing women, so we were treating them as missing persons cases. No one in the press knew of the links between the cases and the husbands were cooperating with us by not divulging details of the disappearances."

"What were the links you spoke of?"

"The black roses and the notes that said "Gone, But Not Forgotten."

"What did Detective Gordon say that led you to believe she had information that could be useful in solving the mystery surrounding these disappearances?"

"she knew about the notes and the roses."

"Where did she say she had acquired this knowledge?"

"Ten years ago in Hunter's Point, when an almost identical series of disappearances occurred."

"What was her connection with the Hunter's Point case?"

"She was a member of a task force assigned to that case.

"How did Detective Gordon learn about our disappearances and the similarities between the cases?"

"She told me she received an anonymous note that led her to believe that the person who was responsible for the Hunter's Point murders was living in Portland."

"Who was this person?"

"she knew him as Peter Lake."

"Did she give some background information on Peter Lake?"

"She did. He was a successful lawyer in Hunter's Point. He was married to Sandra Lake and they had a six-year-old daughter, Melody. The wife and child were murdered and a "Gone, But Not Forgotten' note and black rose were found on the floor near the mother's body.

Lake had a lot of political clout and the mayor of Hunter's Point ordered the police chief to put him on the task force. Lake soon became the primary suspect, though he was not aware of that fact."

"Have the prints of Peter Lake been compared to the fingerprints of Martin Darius?"

"Yes."

"With what results?"

"Martin Darius and Peter Lake are the same person."

Highsmith handed the clerk two fingerprint cards and a report from a fingerprint expert and introduced them into evidence.

"Mr. Page, did Detective Gordon tell you why she believed the defendant murdered the Hunter's Point women?"

"She did."

"Tell the court what she told you."

"Peter Lake had a connection to each of the women who disappeared in Hunter's Point. Gloria Escalante sat on one of Lake's juries. Samantha Reardon belonged to the same country club as the Lakes. Anne Hazelton's husband was an attorney and the Lakes and Hazeltons had been to some of the same Bar Association functions. Patricia Cross and Sandra Lake, Peter's wife, were both in the junior League.

"Detective Gordon met Lake the evening Sandra and Melody Lake were murdered. This was the first time a body was discovered. In all the other cases, when the women disappeared, the note and rose were found on the woman's pillow in her bedroom. None of these notes had fingerprints on them. The note found at Lake's house had Sandra Lake's prints on it.

The detectives believed that Sandra Lake discovered the note and was killed by her husband so she would not connect him to the disappearances when the notes were made public. they also believed Melody saw her mother killed and was murdered because she was a witness."

"Was there a problem with the time that Peter Lake reported the murders to the police?"

"Yes. Peter Lake told the police that he discovered the bodies right after he entered the house, that he sat down on the steps for a while, in shock, then called 911.

The 911 call came in at eight-fifteen, but a neighbors who lived near the Lakes, saw Peter Lake arrive home shortly after seven-twenty. The task force members believed it took Lake fifty-five minutes to report the murders because the victims were alive when Lake got home."

"Was there anything else that implicated Lake?"

"A man named Henry Waters worked for a florist.

His truck was seen near the Escalante house on the day she disappeared.

Waters had a sex offender record as a Peeping Tom. The body of Patricia Cross was found in the basement of Waters's house. She was disemboweled, just like the three Portland women.

"Waters was never really a suspect, but Lake didn't know that. Waters was borderline retarded and had no history of violence. There wasn't any connection between him and any other victim. Without telling anyone, Lake staked out Waters's house and followed him for days before the body of Patricia Cross was discovered."

"What led the police to Waters's house?"

"An anonymous male caller, who was never identified. The task force members believed Lake brought Cross to Waters's house, murdered her in the basement, then made the phone call to the police."

"Why wasn't Lake prosecuted in Hunter's Point?"

"Waters was killed during his arrest. The police chief and the mayor made a public statement labeling Waters as the rose killer. There were no more murders and the cases were closed."

"Why did Detective Gordon come to Portland?"

"When she learned about the Portland notes and roses, she knew the same person had to be responsible for the Hunter's Point and Portland crimes, because the color of the rose and the contents of the notes were never made public in Hunter's Point."

"Where did Detective Gordon go -after she left your residence?"

"The Lakeview Motel. The manager said she checked in about twenty minutes after leaving my place."

"Have you seen or talked to Detective Gordon since she left your residence?"

"No. She's disappeared."

"Have you searched her room at the motel?"

Page nodded. "It looked like she was in the midst of unpacking when something happened. When she was at my place, she had an attache case with a lot of material relating to the case. It was missing. We -also found the address of the construction site where the bodies were found on a pad next to the phone."

"What conclusion do you draw from that?"

"Someone called her with the address."

"What do you believe happened then?"

"Well, she had no car. We've checked all of the taxi companies. None of them picked her up from the Lakeview. I believe the person who called her picked her up."

"No further questions, Your Honor."

Betsy smiled at Page, but he did not smile back. He looked grim and sat stiffly, back straight, with his hands folded in his lap.

"Mr. Page, there was a lengthy investigation in Hunter's Point, wasn't there?"

"That's what Detective Gordon said. "I assume you've read the police reports from that investigation."

"No, I haven't", Page answered, shifting uncomfortably on his seat.

"Why is that?"

"I don't have them."

"Have you ordered them from Hunter's Point?"

"No."

Betsy's brow furrowed. "If you're planning on having Detective Gordon testify, you'll have to produce her reports."

"I know that."

"Is there a reason you haven't ordered them?"

Page colored. "They've been misplaced."

"Excuse me?"

"The Hunter's Point police are looking for them. The reports were supposed to be in a storage area, but they aren't. We think Detective Gordon may know where they are, because she gave me some items-including Peter lake's fingerprint card-we assume came from the file."

Betsy decided to switch to another topic.

"On direct examination, you repeatedly said, "The task force members believed Have you talked to these task force members?"

"No, other than Detective Gordon."

"Do you even know where they are?"

"I just learned that Frank Grimsbo is the head of security at Marlin Steel."

"Where is his office located?"

"Albany, New York."

Betsy made a note.

"You haven't talked to Grimsbo?"

"No."

"What are the names of the other detectives?"

"Besides Gordon and Grimsl)o, there was a criminalist named Glen Michaels and another detective named Wayne Turner."

Betsy wrote down the names. When she looked up Page was stone-faced.

"Mr. Page, isn't it true that you have no support for the story your mysterious visitor told you?"

"Other than what the detective said, no."

"What detective?"

"Nancy Gordon."

"This was the first time you saw this woman, correct?"

Page nodded.

"Have you ever seen a photograph of Nancy Gordon?"

"No."

"So you can't say that the person who introduced herself as Detective Nancy Gordon is really Nancy Gordon, can you?"

"A Nancy Gordon works for the Hunter's Point Police Department."

"I don't doubt that. But we don't know that she is the person who visited you, do we?"

"No."

"There's also no proof that this woman is dead or even a victim of foul play, is there?"

"She's missing."

"Was there blood found in her room?"

"No."

"Or signs of a struggle?"

"No," Page answered grudgingly.

"Were there any witnesses to the murders of Melody and Sandra Lake?"

"Your client may have witnessed the killings," Page answered defiantly.

"You have nothing but theories propounded by your mystery woman to support that position."

"That's true."

"Isn't it also true that the chief of police and the mayor of Hunter's Point officially declared Henry Waters to be the murderer of all the women?"

"Yes."

"That would include Sandra and Melody Lake?"

"Yes."

"Which would make Mr. lake-Mr. Darius-a victim, wouldn't it?"

Page did not answer and Betsy did not force him to.

"Mr. Page, there were six victims in Hunter's Point, including a six-year-old girl. Can you think of any reason why a responsible public official would close a case like that and publicly declare an individual to be the killer, if there was any possibility that the murderer was still at large?"

"Maybe the officials wanted to allay the fears of the community."

"You mean the public announcement might be part of a ruse to make the killer lower his guard while the investigation continued?"

"Exactly."

"But the investigation didn't continue, did it?"

"Not according to Detective Gordon."

"And the murders stopped after Mr. Waters was killed, didn't they?"

"Yes."

Betsy paused and looked directly at judge Norwood.

"No further questions, Your Honor."

"Mr. Highsmith?" judge Norwood asked.

"I have nothing further of Mr. Page."

"You can step down, Mr. Page."

Page stood slowly. Betsy thought he looked tired and defeated. She took satisfaction in this. Betsy did not enjoy humiliating Page-he seemed a decent sort-but Page deserved any pain she inflicted. It was clear he had arrested Martin Darius on the flimsiest evidence, made him spend several days in jail and slandered him. A public defeat was a small price to pay for that kind of callous disregard of his public duty.

"Any other witnesses?" the judge asked.

"Yes, Your Honor. Two, both brief," Highsmith answered.

"Proceed."

"The State calls Ira White."

A chubby man in an ill-fitting brown suit hurried forward from the back of the courtroom. He smiled nervously as he was sworn. Betsy guessed he was in his early thirties.

"Mr. White, what do you do for a living?" Randy Highsmith asked.

"I'm a salesman for Finletter Tools."

"Where is your home office?"

"Phoenix, Arizona, but my territory is Oregon, Montana, Washington, Idaho and parts of Northern California, near the Oregon border." Where were you at two p.m. on October eleventh of this year?"

The date rang a bell. Betsy checked the police reports. Victoria Miller was reported missing that evening.

"In my room at the Hacienda Motel," White said.

"Where is that motel located?"

"It's in Vancouver, Washington."

"Why were you in your room?"

"I just checked in. I had a meeting scheduled for three and I wanted to unpack, take a shower and change out of my traveling clothes."

"Do you remember your room number?"

"Well, you showed me a copy of the ledger, if that's what you mean."

Highsmith nodded.

"It was 102."

"Where is that located in relation to the manager's office?"

"Right next to it on the ground floor."

"Mr. White, at approximately two p.m. did you hear anything in the room next to yours "Yeah. There was a woman yelling and crying."

"Tell the judge about that."

"okay," white said, shifting so he could look up at judge Norwood. "I didn't hear anything until I got out of the shower. That's because the water was running. As soon as I turned it off, I beard a shriek, like someone was in pain. It startled me. The walls in that motel aren't thick. The woman was begging not to be hurt and she was crying, sobbing.

It was hard to hear the words, but I'd catch a few. I could hear her crying, though."

"How long did this go on?"

"Not long."

"Did you ever see the man or the woman in the next room?"

"I saw the woman. I was thinking of calling the manager, but everything quieted down. Like I said, it didn't last long. Anyway, I dressed for my appointment and I left around two-thirty. She was coming out at the same time."

"The woman in the next room?"

White nodded.

"Do you remember what she looked like?"

"Oh, yeah. Very attractive. Blonde. Good figure."

Highsmith crossed over to the witness and showed him a photograph.

"Does this woman look familiar?"

White looked at the photograph. "That's her."

"How certain of that are you?"

"Absolutely positive."

"Your Honor," Highsmith said, "I offer State's exhibit thirty-five, a photograph of Victoria Miller."

"No objection," Betsy said.

"No further questions," Highsmith said.

"I don't have any questions for Mr. White," Betsy told the judge."

You're excused, Mr. White," judge Norwood told the witness.

"State calls Ramon Gutierrez."

A neatly-dressed, dark-skinned young man with a pencil-thin mustache took the stand.

"Where do you work, sir?" Randy Highsmith asked.

"The Hacienda Motel."

"That's in Vancouver?"

"Yes."

"What's your job there?"

"I'm the day clerk."

"What are you doing in the evenings?"

"I'm in college at Portland State."

"What's your field of study?"

"Premed."

"So you're working your way through?" Highsmith asked with a smile.

"Yes."

"That sounds tough."

"It isn't easy."

"Mr. Gutierrez, were you working at the Hacienda on October eleventh of this "Yes."

"Describe the layout of the motel."

"It's two stories. There's a landing that goes around the building on the second floor. The office is at the north end on the ground floor, where we have the rooms."

"How are the rooms numbered on the ground floor?"

"The room next to the office is 102. The one next to that is 103 and so on."

"Have you brought the check-in sheet for October eleventh?"

"Yes," Gutierrez said, handing the deputy district attorney a large, dull-yellow ledger page.

"Who was checked into Room 102 that afternoon?"

"Ira White from Phoenix, Arizona." Highsmith turned his back to the witness and looked at Martin Darius.

"Who was checked into Room 103?"

"An Elizabeth McGovern from Seattle."

"Did you check in Ms. McGovern?"

"Yes."

"At what time?"

"A little after noon."

"I am handing the witness State's exhibit thirty-five.

Do you recognize that woman?"

"That's Ms. McGovern."

"You're certain?"

"Yeah. She was a looker," Gutierrez said sadly.

'-Then, I saw her picture in the Oregonian. I knew her right away."

"To what picture are you referring?"

"The picture of the murdered women. Only it said her name was Victoria Miller."

"Did you call the district attorney's office as soon as you read the paper?"

"Right away. I talked with Mr. Page."

"Why did you call?"

"It said she disappeared that night, the eleventh, so I thought the police might want to know about the guy I saw.,

"What guy?"

"The one who was in the room with her."

"You saw a man in the room with Mrs. Miller?"

"Well, not in the room. But, I saw him go in and come out. He'd been there before."

"With Mrs. Miller?"

"Yes. Like once or twice a week. She would register and he would come later." Gutierrez shook his head.

"What I couldn't figure out is, if he wanted to sneak around, why did he drive that car?"

What car?"

"This fantastic black Ferrari."

Highsmith searched for a photograph among the exhibits on the clerk's desk, then handed it to the witness.

"I'm handing you State's exhibit nineteen, which is a photograph of Martin Darius's black Ferrari and I ask you if it looks like the car driven by the man who went into the room with Mrs. Miller?"

"I know it's the car."

"How do you know?"

Gutierrez pointed at the defense table. "that's Martin Darius, right?"

"Yes, Mr. Gutierrez."

"He's the guy."

"Why didn't you tell me about Victoria Miller?" Betsy asked Martin Darius as soon as they were alone in the visiting room.

"Calm down," Darius said patiently.

"Don't you tell me to calm down," Betsy responded, infuriated by her client's icy composure. "Damn it, Martin, I'm your lawyer. Don't you think I would find it interesting that you were screwing one of the victims, and beat her up, the day she disappeared?"

"I didn't beat up Vicky. I told her I didn't want to see her anymore and she became hysterical. She attacked me and I had to control her.

Besides, what does my fucking Vicky have to do with getting bail?"

Betsy shook her head. "This could sink you, Martin.

I know Norwood. He's straight-laced. Real old-fashioned.

The guy's been married to the same woman for forty years and goes to church on Sunday. If you'd told me, I could have softened the impact."

Darius shrugged. "I'm sorry," he said, without meaning it.

"Were you having sex with Laura Farrar or Wendy Reiser?"

"I hardly knew them."

"What about this party for the mall?"

"There were hundreds of people there. I don't even remember talking to Farrar or Reiser."

Betsy leaned back in her seat. She felt very uncomfortable alone with Darius in the narrow confines of the visiting room.

"Where did you go after you left the Hacienda Motel?"

Darius smiled sheepishly. "To a meeting at Brand, Gates and Valcroft with Russ Miller and the other people working on the advertising for Darius Construction. I'd just seen to it that Russ was put in charge of the account.

I guess that won't work anymore."

"You are one cold son-of-a-bitch, Martin. You screw Miller's wife, then throw him a bone. Now you're joking about her when she's been murdered.

Dr. Gregg said she could have been alive for hours, sliced open, in the most godawful pain. Do you know how much she must have suffered before she died?"

"No, Tannenbaum, I don't know bow much she suffered," Darius said, the smile leaving his face, "because I didn't kill her. So how about spreading a little of your sympathy in my direction? I'm the one who's being framed. I'm the one who wakes up every morning to this jail stench and has to eat the slop that passes for food."

Betsy glared at Darius and stood up. "Guard!" she shouted, pounding on the door. "I've had enough of you for today, Martin."

"Suit yourself The guard bent down to put the key in the lock.

"The next time we talk, I want the truth about everything. And that includes Hunter's Point."

The door opened. As Darius watched her walk away, the thinnest smile creased his lips.