The Burning Man

.4 "Human security."

Ridgely sighed. "I guess finding out who gave Maddox the stuff would help."

"And we're looking into it. There are only a few guards who could have done it, and a few prisoners, but we haven't cracked anyone yet."

"How is Booth doing?" Ridgely asked.

Ketchell consulted a small notebook before answering.

"He was flown to the burn center in Portland as soon as possible. I talked to Dr. Leonard Farber, who's treating Booth. Farber says he's in critical condition with burns over thirty-five percent of his body. Seventy-five percent of the burns are full thickness, which means he'll need skin grafts. Additionally, Booth's bedding caught on fire and he suffered minor smoke inhalation injuries."

"Will he be able to testify?" Becky asked.

"Farber thinks he might be up to it, but not right away. Booth will be operated on about three times in the first three to four days. They use as much of his skin as they can for the grafts and pigskin for the rest. Two weeks later, they'll use more of his skin to replace the pigskin. He can't be moved back to Whitaker for at least four weeks because they're afraid of losing the grafts."

"Damn," O'Shay swore angrily. "I need Booth. He's my key witness."

"You can always ask for a continuance," Ridgely suggested.

"I know I can, but I don't want to if there's any chance Booth can testify now. Think of the sympathy he'll evoke in his condition."

Ridgely was taken aback by O'Shay's callousness, but she did not notice because she was lost in thought.

"Frank," she said, "as I understand it, Booth can't he moved back to Whitaker because they're afraid of endangering the skin grafts."

"Right."

"Call Dr. Farber for me and ask him how soon Booth could testify if we held court in Portland."

Peter was at the office on Sunday afternoon when he heard the front door open. He walked into the corridor and saw Steve Mancini checking his messages at the reception desk.

"Am I glad to see you," Peter said.

For a moment, Mancini looked as if he was not happy to see Peter. Then, his face changed rapidly and he smiled.

"How's the trial going?"

"We've got our jury and Becky's putting on her first witness on Monday."

"Donna called and told me about Booth."

"Then you know what's going on. Can we talk?"

Mancini looked at his watch. "I'm really pressed for time. I haven't even been home yet. I drove right here from Salem."

"Please, Steve. I'm afraid I'm getting in over my head and I need your advice."

Mancini clapped Peter on the back and started for his office. "You have any coffee up?" he asked.

During the next half hour, Peter brought Mancini up to speed on the torching of Kevin Booth and the discovery of the hatchet. When he finished, Mancini said, "There's no way Gary was involved with setting Booth on fire. He doesn't have the brains to think up a scheme like that. This sounds more like something Rafael Vargas would do. What did Becky say about that?"

Peter flushed. "She didn't say much. In fact, she's been really hostile since Booth was attacked."

"ohr Peter hesitated before speaking again, but he decided it was best for his friend to hear about his real rtason for leaving Portland from him. It was bad enough that he had misrepresented his reason for moving to Whitaker. If Steve heard about the Elliot case from someone else, he might decide not to go through with the partnership.

"There's another reason why Becky is upset. 1, uh, haven't been straight'with you about why I left Portland. When we met that night at the Stallion ... Well, I hadn't seen you for years and, uh This is a little embarrassing..

"Are you going to tell me about that personal injury case you tried for Hale, Greaves?"

Peter was stunned. "You know about that?"

"No one gives up a job with Hale, Greaves to go to work for Amos Geary. I was suspicious from the start."

"Who told you what happened?"

"Becky."

"When did she tell you?" Peter asked, wondering how long Becky had known about his disgrace.

"I don't remember exactly, but it's been a few weeks.

It was sometime after the arraignment. I figured you'd get around to telling me when you decided you wanted me to know."

Peter suddenly realized something. "You knew about Elliot and you still wanted me to go into partnership with you."

"Everyone fucks up, Pete. I'm not going to judge you by one case. You're a sharp guy and we get along. That's what's important."

Peter felt an immense rush of gratitude. After so much disapproval, Steve's words were lifesavers.

"Thanks. You don't know how much I appreciate the vote of confidence."

"Hey, I say what I mean. Now, let's get back to Gary's case. Have you talked to Becky about a plea?"

"A plea? No."

"You should look into it after these new developments."

"You don't think Gary is guilty, do you?"

"I don't know what to think. I wouldn't have believed he was a Peeping Tom, either. And look at the way he jumped on that girl in the Stallion. Gary doesn't think the way we do. He's impulsive."

"Gee, Steve, I don't know.. .

"I'm not saying you should plead him out. I'm suggesting you explore the possibility with Becky. From what you tell me, the case isn't going all that well. You don't want to see Gary executed, do you?"

"I've got to think about this."

"Of course. I don't expect you to decide this minute," Mancini said as he hoisted his briefcase onto the desk.

Peter stood up. "Thanks for talking to me. And thanks for being in my corner."

"Get out of here," Mancini answered with a laugh.

"Oh, one other thing. This investigator, Barney Pullen, is he any good?"

"Why do you ask?"

"He doesn't seem to be doing anything. Whenever I've been able to get him on the phone, which isn't often, he says he's investigating, but I've only received a few reports, and they weren't worth much. I'm getting worried."

"If you're dissatisfied, why don't you fire him and hire one of the other guys I told you about?"

"They're not available. The one who works for the Sissler firm said he's been working for them exclusively since February."

"I didn't know that."

"Yeah. And the other one..

"Mike Com ton?"

p "Right. He moved to Pendleton."

"No kidding?"

"It's too late to switch investigators, anyway. It would take someone new too long to get familiar with the case.

By the time he was up to speed, the trial would be over."

"You're right. Look, why don't you let me give Barney a call."

"That would be great."

Peter shut Steve's door and went back to his office.

He was depressed about Gary's chances, but he was not going to approach Becky about a plea just yet. If things got much worse though, he might have to consider the possibility.

Chapter NINETEEN.

Each morning, the guards waited to take Gary out of the holding cell until all- of the jurors were in the jury room, so they would not see him in manacles. The Harmons had purchased a conservative blue suit and a conservative gray suit for their son and he looked very handsome in them. Lawyer and client had fallen into a routine. As soon as Gary was seated, Peter would tell him how good he looked in the suit. Gary would beam and Peter would ask Gary how he was feeling. Gary would answer that he was feeling good. Finally, Peter would remind Gary about sitting up straight, listening to the witnesses and taking notes and Gary would grow very serious and turn his yellow pad to a blank page.

Becky O'Shay was presenting her case in chronological order. On the first day of testimony, she led off with Karen Nix, who told the jury about Gary's attack and his threat to kill her. Several people who were present at the Stallion that night corroborated Nix's version of the events. Marjorie Dooling testified that Sandra Whiley had been at the Stallion on the evening of the fight. After Dooling described how Whiley was dressed, the bloodstained clothing was introduced into evidence. A photograph of the jeans and the Whitaker State tee shirt Nix was wearing was shown to the jurors so they could compare the similarities between her clothing and the victim's.

Arnie Block gave his account of the fight and told about Gary's flight from the bar. Dave Thorne established that Sandra Whiley left the Stallion around eleven-twenty, about twenty minutes after Gary ran outside.

On the second day of Gary's trial, Oscar Watts told the jury about discovering Whiley's body. Then, several police officers and forensic technicians described the crime scene investigation and the gathering of evidence.

On the morning of the trial's third day, Becky O'Shay called Harold Guisti's name. The hall door opened to admit the doctor and Peter turned toward the back of the courtroom. His attention was momentarily diverted from the witness by Christopher Mammon, who was watching the proceedings from a seat near the back wall. Peter could not imagine why the gargantuan drug dealer would be interested enough in Gary's case to spend his morning in the tightly packed and overheated courtroom. But Peter did not have much time to spend worrying about Mammon because Dr. Guisti had been sworn and was about to begin his testimony.

After establishing the doctor's credentials, O'Shay asked him, "In your official capacity as a pathologist did you perform an autopsy on Sandra Whiley?"

Dr. Guistl turned to the jurors and answered the question as if they had asked it.

"Yes I did."

"When was this?"

"Around 5 P.m. on the day Miss Whiley was murdered."

"Why did you wait so long?"

"We held off until the body was identified. That was between three and four in the afternoon, if I remember correctly."

"Where did the autopsy take place?"

"Parson's Mortuary."

"Please describe what you found when you performed your autopsy on Sandra Whiley."

"I found several bruises on the left side of the jaw and above the left cheekbone. More important, there were eight cutting or chopping types of wounds on the body.

Seven of them were located on the head. The eighth was located on the top of the left hand and was consistent with a defensive wound."

"What is a defensive wound?"

"That is a wound inflicted when the victim interposes her hand defensively between the weapon wielded by the killer and the object of the murderer's attack."

"Please describe the head wounds."

"Five produced skull fractures. Of these five, three were severe enough to produce injuries to the underlying brain. There was another wound which was in the region of the right eye that also produced extensive fracturing of the bones between the eyes and a considerable amount of bleeding with the blood present in the air passages as well as swallowed blood in the stomach. The remaining wounds produced a variable amount of softtissue injury or injury to the skin or muscles that did not fracture bone or involve the brain."

"Do you have an opinion, Dr. Guisti, after looking at these injuries and conducting your investigation, as to the type of instrument that might have been used to inflict these wounds?"

do.

"What is that opinion?"

"Either an ax or a hatchet would cause the type of wounds inflicted on the deceased."

Becky O'Shay bent down and reached into a large cardboard box containing many items, most of which were enclosed in plastic evidence bags. She rummaged around in the box until she found what she wanted.

O'Shay carried the item to the witness.

"Dr. Guisti, I hand you what has been marked as State's Exhibit 23 and I ask you if the wounds on the victim could have been inflicted with this exhibit?"

Dr. Guisti opened the plastic bag. It contained a small hatchet. He turned it around a few times, all for show since he had examined the hatchet on several occasions.

"The blows could have been inflicted by this weapon."

"Thank you," O'Shay said, taking the hatchet from the doctor and slowly returning it to the plastic bag while standing directly in front of the jury.

She placed the hatchet on the rail of the jury box and turned back to the witness. Several jurors had trouble moving their eyes away from the weapon.

"Dr. Guisti, do you have an opinion as to the'cause of death of Sandra Whiley?"

"Yes. I think the eventual cause of death was hemorrhaging caused by the wounds I have described."

"In other words, Sandra Whiley bled to death through the hatchet wounds inflicted by her killer?"

"That is correct."

"Dr. Guisti, do you have an opinion as to the direction in which the deadly hatchet blows were struck?"

"Yes, but only as to the blow to the top of the skull. I believe that blow was struck in an up-to-down direction because of the way the wound slants. As to the others, I cannot say."

"Do you have an opinion as to whether the blow to the top of the skull was the first blow struck to the head?"

"In my opinion it was."

O'Shay checked her notes then turned the witness over to Peter.

"Dr. Guisti, what side of the head were the wounds on.

"As I said, one was to the top of the head. It's difficult to say right or left side because the wound is midway.

One blow was to the right eye. The rest were delivered to the left side of the victim's head."

"Thank you, Doctor. I have no further questions."

LA The red paint on the gas tanks in front of Art's Garage was barely holding its own against the ravages of rust and wind and the old wooden garage was not doing much better. The elements had eaten away at an advertisement for Coca-Cola that covered one outer wall and the once blue garage now looked a weathered gray. Barney Pullen was bent under the hood of an old Buick when Peter entered the garage during the lunch recess.

Peter called out twice before he got Pullen's attention.

When Pullen turned around, he looked annoyed, then his features morphed into a brownnosing smile when he remembered that Peter was the one who paid him for investigating the Harmon case.

"Afternoon, Mr. Hale," Pullen said, wiping his hands on a greasy rag.

"Good afternoon, Barney. I've had trouble reaching you, so I thought I'd drop by the garage to see how the investigation's been going."

Barney shook his head ruefully. "It's real slow. I've been talking to lots of people, but nobody seems to know anything helpful."

"Who have you talked to?"

"Uh, well, I don't have my notes right here. Family, of course. I do have a lot of good information for you for the penalty phase from the mother, the father and Steve's wife. Lots of good stuff."

Peter recalled receiving several poorly typed reports rife with misspellings that were accompanied by a bill claiming hours way out of proportion to the information Pullen had collected.

"I have the family interviews, but that's all. You have been doing more than just talking to family?"

"Uh, let's see, there's the bartender at the Ponderosa.

You have his statement, right?"

"No, I don't. What about Kevin Booth? Have you found out anything I can use there?"

"Not yet. His father split a long time ago and the mother died last year. She was an alcoholic. Got drunk and fell down the stairs."

"Did you talk to Booth's neighbors, run a rap sheet?"

"Rap sheet's the first thing I thought of. That arrest for drugs he beat is the only thing I could find. There aren't any neighbors. Booth lives way the hell out of town."

"What about school records, his mother's neighbors?"

"I'll get right on it."

"You mean you haven't done that already? We talked about this two weeks ago."

"Yeah. And I'm sorry. I really did mean to get on it, but Art's kept me hoppin' at the shop here."

"Barney, you have to get moving on this. If you don't come up with something on Booth soon, we'll be facing a penalty phase for sure."

"I am investigating, Mr. Hale. As soon as I'm done with this car, I'm gonna get right on it."

"Look, Barney, you're going to have to give this case priority until it's over. Tell your brother you can't work at the shop until it's done."

"Okay," Pullen answered agreeably.

Peter was going to say something else, but there wasn ' t anything more to say. He was just going to have to hope that Pullen would come through for him.

Trying a death penalty case was incredibly exhausting.

While Peter was in court, he was so focused that he did not know where the day went. Most of the time, he was coasting on pure adrenaline because no person could concentrate on every word that was said for hours at a time without it. As soon as the case ended for the day, he felt instantly like someone who had gone for days without sleep.

After a fast dinner, Peter went to his new office in Steve Mancini's building and completed his preparations for the next day of trial. It was a little after eight-thirty when Peter opened the front door of his house.

The phone was ringing. He raced to it in the dark, stumbling over an ottoman and almost knocking over a floor lamp.

"Mr. Hale?" an unfamiliar voice asked.

"Yes."

"I've been calling all night. I'm glad I caught you."

"Who is this?"

"Don Bosco. I'm the Director of Mental Health for the county. I was a witness at the pretrial hearing."

"Right. I remember you. You were present when Gary was questioned by Dennis Downes. What's up?"

"I know I shouldn't be disturbing you at home, but I've been wondering since that pretrial hearing why no one from the defense asked me any questions on cross and why you haven't gotten in touch with me about my trial testimony."

"Do you know something that might help Gary?"

"Didn't Steve Mancini tell you about our conversation?"

"All Steve said was that he didn't think you could help us."

"You're kidding. Do you mean to say he didn't tell you that I believe Gary Harmon was inadvertently hypnotized by Dennis Downes during the interrogation?"

Peter blinked. "No. He never told me anything about hypnotism."

"That really surprises me. I told Miss O'Shay that she shouldn't be using Harmon's statements to convict him, but she won't listen to me."

"I want to make sure I'm understanding you. You're saying that you told the D.A. there was something wrong with Gary's interrogation?"

"Yes.

"And you also told Steve Mancini about this?"

"I told him over a month ago. I thought you'd be interested.

Peter was dazed. Gary's statements were the basis for the state's case. Without them ... "Can we get together tonight? This is very important and Steve never mentioned a thing to me about what you're saying."

"Okay. There's an all-night restaurant near the turnoff to the interstate.

The jolly Roger. Can you be there in half an hour?"

"No problem."

"Boy, I can't understand why Mr. Mancini didn't say anything to you," Bosco said right before he hung up.

"Neither can I," Peter said to the dead phone. He had been standing during the phone conversation, but he sank into an easy chair as soon as he hung up.

Peter didn't know what to think. He remembered the look Bosco had given Mancini during his testimony at the motion to suppress. Peter had even commented on it to Steve. He reached for the phone to call Mancini, but he stopped in mid-dial. It would be better if he waited until he heard what Bosco had to say "How did you get involved in this case?" Peter asked as soon as he and Don Bosco were seated in a booth in the rear of the jolly Roger with two cups of coffee.

"Dennis Downes called me at home around eight-thirty, nine. He wanted me to check my records to see if we had anything on Harmon. You know, a history of mental health problems. Something like that."

"Did you find anything?"

"No.

"What did you do after that?"

"I went over to the station house to tell him. He'd already said that the inquiry concerned the girl who was killed in the park, so I thought it was important enough to tell him in person and see if there was any other way I could help out.

"When I arrived, Becky O'Shay asked me to watch the interrogation with her through a two-way mirror.

She brought me up to date and showed me pictures of the victim." Bosco shuddered. "Pretty gruesome."

"Yeah, I've seen them. But why did Becky want you o observe the questioning?"

"She wanted my take on Harmon."

"Were you there when Downes gave Gary his Miranda warnings?"

"No. That must have been earlier. I got the impression that Dennis had been going at Harmon for a while by the time I started watching."

"Was there anything unusual about the way Gary was responding to Downes?"

"I didn't like the way Dennis conducted the interview.

Not one bit. I even told him to be careful, but he didn't pay any attention to my suggestions."

"What was the problem?"

Bosco took a sip of coffee and thought carefully about what he was about to say.

"The first thing I noticed was all the leading. You know, asking a question that suggests the answer. I mean, Dennis was feeding him everything. And Harmon would go along with every suggestion. I think he really trusted Dennis and wanted to please him. So, Dennis would ask him a question and Harmon would parrot back the answer Downes had fed him."

"And you warned Downes about this?"

"During the breaks. Harmon was exhausted by the end and the more tired you are, the more open you are to suggestion. I told that to Dennis, but he and Becky didn't seem to care. They were too excited about cracking the case. In my opinion, most of what Harmon said is worthless. Especially the last third or so of the interview."

"Why is that?"

"Well, this is only my opinion, but I think Downes induced a trance state and anything Harmon said then, well Bosco shrugged.

"Wait a minute," Peter said, "what's a 'trance state'?

F1 Do you mean he was in a trance? Like hypnotized "He could have been. I think he was."

"How could that happen? I listened to the tape of the interrogation and I didn't hear Downes saying anything about putting Gary in a trance."

"He wouldn't have to do it intentionally. Dennis could have hypnotized Harmon without either of them knowing."

"Explain that to me."

"Okay. "Hypnosis' and 'trance' are words that make people think about magicians or Svengali, but hypnotizing; a person isn t all that mysterious.

All you're really doing when you induce a trance is getting a person relaxed and focused enough to block out exterior noises and influences, so they can go into a quiet, inner space.

We all do that when we drop off to sleep at night or when we're so engrossed in a book that we don't hear someone ask us a question, even though they're right next to us.

"If someone is tired and under a lot of stress, like Harmon was that night, they will tend to focus their attention narrowly. "Dennis helped Harmon along when he told him to shut his eyes and imagine he was watching g events on a movie screen. That's a fairly common technique that hypnotists use when they're trying to intentionally induce a trance."

"What would be the consequences of Gary being in a trance?"

"The big problem is reliability. If he was in a trance, it would be difficult, if not impossible, to tell what Harmon was really remembering and what he was repeating as a result of Downes's suggestions, or just plain making up. See, a person in a trance is not only wide open to suggestion, they also fantasize in order to please the then, questioner or to fill in gaps in their memory, in order to give the interrogator a complete picture."

"I'm not certain I understand what you mean about -ate'?

the fantasizing."

"Okay.Let me give you an example. A month ago, you got up at seven in the morning, you dressed in a the blue suit, a white shirt and a red tie. Then, you ate a :bing breakfast of cornflakes. I hypnotize you and ask you to f tell me what you. did that morning. You remember ev!nnis erything except the color of your tie and what you ate.

hem I tell you to really concentrate, but you still can't remember. So, I help you a little. "Peter,' I say, 'you usually eat Raisin Bran, don't you? Did you eat Raisin Bran that ake morning?" Now, a person in a trance is likely to say he tiz- ate Raisin Bran in order to please the questioner. He ally knows the questioner wants some answer and seems to re- be happ' with that answer being Raisin Bran, so the y ises person in the trance accommodates those wishes.

"Now, the questioner asks you to think about the tie ce. without making a specific suggestion about color.

or Again, you know an answer is expected, so your sub!or conscious imagines a green tie and fills in the blank with lit that color. By the time you're through, you'll believe the an tie was green, so you will appear to be telling the truth on the witness stand and you will pass a polygraph ,ntest."

he "And you didn't warn Sergeant Downes or Becky ng about this?"

,I- Bosco looked embarrassed. "I mentioned it to both of n- them, but I really didn't catch on to what was happening until I'd been there awhile. By then, the questioning was pretty far along. And, remember, I was only there as an observer. I mean, I wasn't supposed to take part in the interrogation.

I guess I should have been more forceful, but most of the harm had already been done' by then and I didn't think it was my place to interfere because the case was so important. I didn't do anything wrong, did 1?"

Peter drove directly to -Steve Mancini's house from the jolly Roger. At first, Bosco's information elated him.

Then he realized how much Steve had cost them by failing to use the information at the pretrial hearing. By the time Peter rang Steve Mancini's doorbell at a little before eleven, he was in an emotional quandary. Mancini was his best friend in Whitaker and he was holding out the possibility of a lucrative partnership that would help Peter climb out of the hole he had dug for himself. But Steve might have ruined Gary Harmon's best chance to win his freedom by concealing information from Peter that explained away Gary Harmon's so-called confession, the basis for all of the charges against Gary.

As soon as Steve opened the door, Peter asked, "Why didn't you tell me about Don Bosco?"

Mancini looked confused. Donna walked out of the living room. She was wearing a bathrobe over a nightgown. Mancini glanced at his wife, then back to Peter.

When he answered, he sounded nervous.

"We're getting ready to go to bed, Pete. C an't this wait until tomorrow?"

"You know it can't. If Gary was in some kind of trance when he was questioned by Downes, the interrogation was no good. We could have gotten the whole thing thrown out before the trial. There wouldn't have been a trial. Without Gary's statements, the state doesn't have a case. Don't tell me you didn't know that?"

"What's this about, Peter?" Donna asked, confused by his intensity and her husband's obvious discomfort.

"Tell her, Steve."

"Tell her what? I still don't know what you're talking about."

"I just came from the jolly Roger where Don Bosco, the county's Director of Mental Health, a man with ex peruse in hypnosis, told me how he explained( that he believed Gary was in a trance state durli of the interrogation. He called me at home bel was surprised that you never brought that out during the hearing on the motion to suppress. He was also surprised that you never told me about your conversation with him. Quite frankly, Steve, so am L"

"I didn't tell you about the conversation because I didn't buy into what Bosco said. You heard the tape.

Downes didn't say anything about trying to hypnotize Gary."

Peter looked astonished. "What Downes did or did not say is irrelevant. We have a witness who would have testified that Gary was hypnotized during the most important part of his interrogation. Didn't you know that there is a statute that forbids the use of hypnotized testimony unless the most stringent precautions are taken?

There are cases from around the country that exclude the testimony of hypnotized witnesses. Bosco knew all about them and he's not even a lawyer."

Mancini looked surprised. "I didn't know about the statute. You have to believe me. I've never had anything like this come up in one of my cases."

"Did you know about this and keep it from Peter?"

Donna asked her husband.

Mancini turned on Donna. "I can handle this, thank you. Bring us some coffee. Come on, Pete. Let's discuss this calmly."

"It's hard to be calm when I'm busting my ass day and night only to find out that you fucked up on the single most important issue in the case."

"Peter .. ." Donna started, but her husband barked, "The coffee, please."

When Steve turned back to Peter he looked concerned, but calm.

"I can see why you're upset. I'm upset too. Especially if you think I may have screwed up Gary's case. Come on. Let's sit down and talk this out."

The anger drained out of Peter in the face of Man cini's calm demeanor. He walked into the living room and sat down on the couch.

"I just don't understand this, Steve. Can you explain it to me? Even Bosco saw the problem. He called me tonight because he could not figure out why you didn't ask him about the trance state at the hearing. I can't believe you didn't see the significance of what Bosco told you.l "It's the truth. I didn't know about the statute. I thought thelssues were whether Downes gave Gary his Miranda rights and whether he coerced him into talking."

"Can't you reopen the hearing?" Donna asked as she lowered a serving tray onto the coffee table.

"I'll try, but Becky has a very legitimate ground for objecting."

"What's that?" Donna asked.

"Steve was Gary's lawyer. He knew all about this evidence at the time of the suppression hearing."

"But I didn't understand the significance of what Bosco told me," Mancini protested.

"That doesn't matter. You should have known it was important. That's the point. I wish there was some way to sugarcoat this, but there isn't."

"Isn't there anything you can do?" Donna asked.

"There might be," Peter said cautiously. "I read a little about confessions for this case before Steve said he would handle the motion to suppress. A defendant can always argue to a jury that they should not accept a defendant's statements because they are involuntary. The problem is that there's no appeal from a jury's decision like there is from a pretrial decision by a judge, because appellate courts won't review the factual finding of a jury.

"If Gary was hypnotized, he wouldn't be responsible for what he told Downes!" Mancini said. "That's great thinking, Pete."

"Yeah, but I've got to convince the jury that Gary was hypnotized. That may mean hiring experts and that's expensive." Peter looked at Donna. "Can your folks afford it?"

"Don't worry about the money, Peter," Donna said.

"if my folks can't do it, Steve and I will pay."

Peter did not see Mancini's sudden anger, but Donna did. She was shocked by its intensity and she remembered what happened the last time he was angry with her.

"I think you've come up with a potential solution," Mancini said quickly, "and I also think we should all get some rest. Don't forget, you have to be in court tomorrow."

Peter suddenly realized how much today's court session and this evening's events had taken out of him.

"You're right," he said as he stood up. "Sorry I came down on you so hard."

"I understand completely. I deserve it if I screwed up as badly as it seems."

As soon as the door closed, Mancini returned to the living room. Donna was bent over the coffee table gathering up the coffee cups and the creamer.

"What was that about our paying for Gary's experts?" Mancini demanded angrily.

Donna straightened up with the tray in her hands.

"If Gary needs our help.. .

"Gary made his own mess. We cannot afford to bail him out. Didn't you understand a thing I said about Mountain View? I'll bet you haven't even talked to your father about helping with it."

"I haven't had the chance," Donna answered, feeling guilty about letting down her husband.

"That's great. You can't take the time to help your own husband and you expect me to spend my money on some Portland shrink."

"The experts can't be that expensive,"

"They could be dirt cheap, Donna. I've got to work like a slave at my practice just to keep our heads above water. What are we going to pay them with?"

"Gary is my brother."

"That's right, Donna. He's your brother. Not mine."

Steve's cold and cruel reply shocked Donna. She had always believed that her husband liked Gary.

"We wouldn't need the money for experts if you hadn't made a mistake," Donna said angrily.

The open-hand slap spun Donna's head to the right and the tray went flying.

Donna watched the cups and spraying cream sail away in slow motion as Steve grabbed the lapels of her robe and used them to fling her to the ground.

"You cunt!" Steve screamed as she hit the floor.

Donna tried to crawl away, but the pain from two strong kicks to her ribs stopped her. Another kick landed on her leg and she straightened in pain. Then, as swiftly as it started, the assault stopped. When s e are to look up, Mancini was pacing back and forth. Donna started to crawl across the floor toward the hall. Steve saw her and dropped next to her on the floor.

Donna curled into a ball with her hands protecting her head.

"No, baby, no. You don't have to be afraid. I'm sorry.

Please. I'm sorry."

Donna looked up and Mancini saw the blood. The blow to Donna's face had split her lip.

"Oh, God! What have I done?"

Mancini jumped up and sprinted to the bathroom. He ran cold water over a towel. When he returned to the living room, the front door was open. Donna was gone.

Mancini threw the towel on the floor and raced out of the house. The car was parked in front. He looked right and left. Where was she? He couldn't call out. He could not let anyone know what had happened. Mancini ran down the street and st o ped on the corner. Where had p she gone? He had to find her. Without the car, she couldn't get far. He ran inside and grabbed the car keys.

He would find her. He had to find her.

Donna waited for the car to drive away before pulling herself to her feet by hanging on to the bushes behind J which she had been hiding. A sharp pain in her rib bled her over. She gritted her teeth and eased i standing position. Tears and blood mixed on her She loved Steve, but how could he beat her if he really loved her?

Donna wanted to change into her clothes, but she was afraid to go back to the house. Hervarents' house was too far to walk. Besides, they were worrying so much about Gary that she could not let them know that her marriage was failing.

Then she thought of Peter. He lived nearby. She could keep to backyards and Steve would not see her from his car. Donna checked the street for any sign of her husband, then she crossed the road and hobbled behind a house. She wanted to run, but the pain in her ribs was so intense that she had to walk hunched over.

A dog barked and Donna's stomach tightened. She kept moving, gasping for air when a sudden bolt of pain knifed through her. Donna waited for the pain to pass before going on. The next street was Elm and cars drove by frequently. Donna waited for a break and crossed the street as quickly as she could manage, paying in pain for speed. "Just a few more blocks," she repeated over and over unt 11, moments later, she was ringing Peter's doorbell.

Headlights turned onto Peter's street justas his porch light came on. When Peter opened his door, Donna was crouched down, looking over her shoulder with terrified eyes.

"Please, let me in," Donna begged.

Peter took one look at her tearstained and bleeding face and he had her through the door.

"What happened to you?" he asked. Then Donna was sobbing in his arms and Peter was too startled to say anything. Peter led her to the living room. She clung to him. As he lowered her to the couch, she spasmed and gripped her side.

"Are you hurt?" he asked stupidly.

"He hit me, Peter. He hit me."

"Who hit you? Is Steve all right?" Peter asked, confused by Donna's sudden, dramatic appearance and thinking that the couple had been attacked.

Donna shook her head. "You don't understand. It was Steve. Steve hit me."

"Steve?" Peter repeated inanely. Donna dissolved into tears and pressed herself against Peter's chest.

"Has ... has he done this before?" Peter asked.

Donna managed a nod. She got her crying under control and wiped an arm across her eyes.

"How long has this been going on?"

Donna did not answer right away and Peter touched her shoulder.

"I want to help. You and Steve are my friends."

Donna looked at the rug.

"I know this is hard for you, but you have to talk about it. If Steve is doing this ... You can't let him keep hurting you, Donna."

"It's been a nightmare, Peter." She started to cry again. "I never know what will set him off. He's so kind to me, so loving. Then, all of a sudden .. . I can't take it anymore."

Donna was too exhausted to go on. Peter stared at her. Her hair was in disarray and her robe was open.

She was wearing a short nightgown because of the heat.

Peter could not hell noticing her slim, tanned legs and p the swell of her breasts as she breathed deeply. Peter raised his eyes to Donna's face, embarrassed.

"How badly are you hurt?" he asked.

"He kicked me in the ribs. He ... It was a hard kick.

It really hurts if I move quickly."

"I'll drive you to a hospital."

"No! No hospital. They'd have to report Steve."

Peter thought-for a moment. Then he got an idea.

"I have a friend. A nurse. Rhonda Kates. She works at the hospital. Let me call her. I'll explain what happened.

Maybe she can check you out to make sure you don't have any internal injuries. If there's a problem, we'll make up a story and I'll drive you to the nearest hospital outside of Whitaker."

Peter made the call and Rhonda told him to bring Donna to her place immediately. She even said that Donna could spend the night with her. While Peter talked on the phone, Donna tried to find a comfortable position on the couch and closed -her eyes. She was so ashamed that her marriage was a failure and she felt she must be partly to blame, but she could not figure out what she had done wrong. She wanted to talk to someone but the Harmons were not a family that discussed their domestic troubles.

"Let's get going," Peter said, as soon as he hung up.

"Thank you, Peter. You're a good friend."

Chapter TWENTY.

"Mr. Hale," judge Kuffel said, addressing Peter formally because they were in court and on the record, your former co-counsel, Mr. Mancini conducted the hearing on the motion to suppress Mr. Harmon's statements. You've conceded that he was fully aware at the time of the hearing of the evidence you argue is grounds for reopening. Now, there is no question that Mr. Bosco's evidence favors the defense, but Mr. Mancini made a decision not to use it. I have no idea why he made that choice, but it doesn't really matter. Since he was aware of the evidence at the time of the hearing, I have to deny your motion to reopen the motion to suppress."

If Peter were the judge, he would have ruled exactly the way judge Kuffel ruled, but his failure to win his hastily fashioned motion still depressed him. Peter closed his eyes briefly while he tried to regain his composure.

This was a mistake. Suddenly he was half asleep and it took all his willpower to raise his eyelids and return to full consciousness.

It had been two-thirty in the morning when Peter had returned home after leaving Donna with Rhonda Kates.

He was totally exhausted, but Don Bosco's revelation and Donna's dramatic appearance filled his head with so many disturbing thoughts that he had as much of a chance of dozing off in the privacy of his room as he had of sleeping at a rock concert. Peter had moved through the morning in court in a sleep-deprived fog.

"I've given a lot of thought to the matter of testimony about the peeping incident, the pornographic magazines found in Mr. Harmon's bedroom and evidence concerning the other two murders," judge Kuffel continued.

"I will permit the state to introduce evidence concerning the peeping incident on the Whitaker campus and the pornographic magazines. This evidence may make Mr. Harmon look bad to the jury, but it is relevant to the state's theory that Mr. Harmon had a sexual obsession with women with physical characteristics very similar to the victim."

Peter sat forward to hear the judge's ruling on the other murders. He had battled very hard to keep any reference to them out of the trial.

"Miss O'Shay, you have made a very persuasive argument that the murder of Sandra Whiley is part of a series of murders, but I am not going to permit you to put that theory to the jury. A few factors led me to this decision.

"First, there is no evidence connecting Mr. Harmon to the other killings. Second, there are substantial differences between the murder of Miss Whiley and the other murders. The other women were sexuallyassaulted and blood tests revealed the presence of cocaine in their systems, whereas Miss Whiley's blood did not reveal the presence of cocaine and the autopsy found no evidence of sexual assault ..

"Your Honor," Becky interrupted, "Wishing Well Park is a public place. We believe Mr. Harmon was frightened away by other individuals in the park before he could have sex with Miss Whiley."

"Your theory may be correct, but I have to make my ruling based on the evidence."

"There's the hatchet," O'Shay argued. "The weapon is a trademark of this killer. It is very unusual."

"Not in a farming community, Ms. O'Shay. Without something more I have no choice but to bar you from mentioning the other murders. Introduction of that evidence would lead to speculation by the jury and deprive Mr. Harmon of a fair trial."

The judge's ruling snapped Peter out of his funk. He was concerned about the introduction of evidence about the peeping incident and the magazines, but he had been scared to death that judge Kuffel would admit evidence about the other murders. If the judge had let O'Shay argue that Gary was a serial killer, there was no way Peter could have won an acquittal.

"Do you have an update on Kevin Booth's condition?" the judge asked. Peter leaned forward. If Booth was too ill to testify, Peter's day would be complete.

"I spoke with Mr. Booth's surgeon this morning," O'Shay said as she consulted her notes. "Dr. Farber says that Mr. Booth cannot be transported to Whitaker without endangering the success of the skin grafts. However, Mr. Booth is metabolically more stable. His fever is down, he's gaining weight and he requires less pain medication, which makes him more coherent.

"According to the doctor, Mr. Booth will be able to testify in his hospital room in Portland by Monday. Dr. Farber is willing to postpone further skin grafts so the trial will not be delayed. It's my intention to examine Mr. Booth in Portland agreeable."

"I object, Your Hor "What are your gro "Booth's testimony is cru< ial to t states case. If the jury sees imi i i a hospital room it's going to generate a lot of sympatt y. Booth has been burned to a crisp. I'm going to look ike an ogre if I go after him.

"And how am I going to cross-examine effectively?

What happens to Mr. Harmon's right of confrontation if Dr. Farber so that I shouldn't excite Booth? And ys he's on pain medication. He'll be sedated. That means the jury won't be seeing the way he would normally react to questions."

"Your concerns are valid, Mr. Hale, but it seems to me that they are theoretical. It may be that you will be able to carry on a vigorous cross of the witness without any medical problems occurring. We'll deal with confrontation problems if the doctor tries to restrict you.

Of course, we could have a mistrial or Mr. Booth's testimony may be struck, if you are foreclosed from examining Booth because of medical problems, but that's a risk the state runs.

"As to the prejudice caused by Booth's appearance and the location where he will be examined, I plan on instructing the jurors that they may not let any sympathy caused by Booth's appearance affect their decision.

I'll draft a jury instruction to that effect and I'll give it to you to review tonight. Let me know if you want any changes by tomorrow morning, before court.

"With that in mind, I'll have a bus meet us here at seven o'clock on Monday morning. Ms. O'Shay, please notify the hospital that I plan on taking testimony at two in the afternoon.

"If there's nothing further, we'll take a short recess.

Then I'll have the clerk bring in the jury."

judge Kuffel left the bench and the guards took Gary to the holding cell so he could use the rest room. Steve Mancini walked to Peter's side as soon as Gary was out of earshot. There were dark circles under his eyes and Peter noticed nicks on his face where he had cut himself shaving. It was obvious that Mancini had not slept last night either.

"I really fucked up, didn't I?"

"What's done is done," Peter answered resignedly.

"I'll just have to call Bosco as a witness and hope that the jury buys his theory."

"I wonder what else will go wrong."

"What do you mean?" Mancini hesitated. Then, he said, "Donna left me."

"What!" Peter responded, hoping that he looked suitably surprised.

"We had a fight after you went home because I didn't tell you about Bosco."

Jeer, I'm sorry. I shouldn't have barged in like that.

I feel awful."

"It's not your fault. I don't even know why I'm burdening you with this. I guess I just needed someone to talk to."

"How serious is this?"

"Pretty serious. I feel really bad. I love her so much."

Mancini's voice caught and Peter was afraid he was going to cry. If he did, Peter didn't know if he could keep lying.

"Hey, it'll work out. It's just a newlywed spat. She loves you, too. She'll come back."

"I hope so, Pete. I can't stand being away from her. if you run into Donna, tell her I love her, will you? Ask her to call me. I'm sure everything would be all right if we could just talk."

"You bet," Peter said, but he did not mean it. He felt terrible about deceiving his friend, but he remembered Donna's pain and terror too vividly to help Maricini find his wife.

"I shouldn't have bothered you in the middle of trial."

"It's no trouble," Peter answered guiltily. "Maybe we should go out for dinner tonight..

"No. This was selfish of me. You've got to prepare your case. Gary's life is at stake. I'm just feeling sorry for myself. I'll be okay."

During the rest of the morning session, witnesses told the jury about the peeping incident and the pornographic magazines. Becky O'Shay started the afternoon session of court by calling Sergeant Dennis Downes to the stand. just before he started to testify, Christopher Mammon entered the courtroom. This was the second time Mammon had been a spectatorat Gary's trial and Peter remained puzzled by his interest.

Downes testified calmly and professionally about the history of his investigation and the evidence that led him to Gary Harmon. He emphasized the courtesy shown to the defendant and explained how Gary had agreed to come to the station house. Whed his narrative reached the point where the taping began, Becky introduced the tapes of Gary's interrogation into evidence and supplied everyone with a transcript of the five-hour interrogation. Then, Becky played a two-hour, edited version of the interrogation to the jury. The day's session of court ended with a recitation by Downes of his part in finding the hatchet in a storm drain near the Whitaker State College campus.

After court, Peter 'went directly to his office to finish the work on his cross-examination of Sergeant Downes.

He hoped Steve Mancini would not be working late, because he felt a little guilty about helping Donna hide from her husband. Fortunately, Mancini was not in the building.

Peter tried to work on the case, but he kept thinking about his encounter at the courthouse with Steve. Mancini seemed so sad. Maybe Donna had exaggerated when she described her beating. Mancini had definitely hit her, but based on how contrite he seemed, it was hard to believe that Steve had really meant to hurt her.

Peter was also troubled by his part in the Mancinis' marital problems. He should never have barged into their house the way he did, throwing accusations at his friend in front of Donna. He had made it sound as if Steve was intentionally sabotaging Gary's case. The more Peter thought about it, the more he decided that he owed it to Steve to tell Donna how sorry he seemed in court.

As soon as he wrapped up his work, Peter drove across town. Rhonda Kates lived near the hospital in a garden apartment on the other side of the Whitaker campus from city center. Peter rang the doorbell and noticed the curtain that covered the kitchen window move.

Donna looked apprehensive when she opened the door.

She had been afraid to go back to her house for her own clothes, so she was wearing shorts and a green tank top that belonged to Rhonda.

"I thought I'd drop by to see how you're doing."

Donna's apprehensive look turned into a smile of relief and she ushered him in.

"You all alone?" Peter asked.

"Rhonda has an evening shift at the hospital."

"How are your ribs?"

"Nothing's broken. I'm still sore, but it could have been worse."

They sat down in the living room.

"I was too upset to thank you last night," Donna said.

"Oh, hey ... "No. Some men wouldn't have wanted to get involved. Especially with the wife of a friend." She paused. "You haven't said anything to Steve, have you?

About where I am."

"No. He doesn't know I helped you. I was afraid if I said anything, he'd want to know where you are. That would have put me in the middle. I like both of you and I ... Well, I really find it hard to believe that Steve hit you like that."

"I know what you mean," Donna answered bitterly.

"Actually, Steve did talk to me today at the courthouse. He's a mess. I think he's really sorry for what he did."

"Sorry isn't good enough. I am not going to be Steve's punching bag. If you love someone.. ."

Donna left the thought unfinished. They sat quietly for a moment. Then, Donna asked, "Are you hungry?

I'm fixing some dinner for myself."

"I'm starved."

Peter followed Donna into a kitchen separated from the living room by an L-shaped, waist-high counter. Tomatoes, lettuce, an avocado and pods of fresh green peas were spread out near a large salad bowl on a co next to the sink.

I "I was going to make myself a steak and salad got another steak. Is that okay?"

"Great."

"Do you want a drink?"

"Does Rhonda have the fixings for algin and tonic?"

"Let me check," she answered as she looked in a cabinet over the stove. "You're on," she said, handing a bottle to Peter. "I saw the tonic in the refrigerator. Why don't you fix me one, too," Peter found the ice and fixed the drinks. When he set down Donna's glass on the counter, she asked, "How did the trial go today?"

Peter told Donna about judge Kuffel's decision to keep out evidence of the other murders. Then he recounted the testimony concerning the sex magazines and the peeping incident and Gary's reaction to it. The heat in the apartment caused sweat to bead on Donna's body. While Peter talked, she picked up the cold glass of gin and touched it to her forehead. With her hair in casual disarray, she looked attractive even with her split lip and bruises. The cruel reminders of Steve's beating made Peter want to protect her from any further harm.

When he realized that he was staring, Peter averted his eyes, hoping that Donna had not noticed.

"Poor kid," Peter finished. "Here he is facing a death sentence and all he can think about is your mom knowing he's been reading Playboy."

"How do you think the jury reacted to the books and the peeping?"

"Tough to say. A couple of them looked upset about the peeping. I don't know what they thought about the magazines. I did see a couple of kindly looks when Gary started bawling.", "Give Gary my love, will you. Tell him ... tell him I have to go out of town for a few days so he won't wonder why I'm not in court."

"I will."

Donna paused. She looked worried.

"If I ask you a question, will you give me an honest answer?"

"Of course," Peter said.

"Is Gary going to be convicted?"

Peter's first thought was to assure Donna that he would win Gary's case, but he found that he could not lie to her.

"I don't know, Donna. I wish I could assure you that he'll be okay, but I just don't know."

Chapter TWENTY-ONE.

Peter began his cross-examination of Dennis Downes by asking, "How well do you know the Harmon family, Sergeant?"

"Not all that well. I know them to say hello to, but we don't socialize."

"Have you met Gary Harmon in a social setting?"

"No' "Are you aware that Gary is mildly retarded?"

"I never heard that."

"But you knew he was slow?"

"Well, I knew he wasn't a scholar."

"That's obviously true," Peter said, "because you would have had some trouble convincing a scholar that he had supernatural powers, wouldn't you?"

Downes shrugged uneasily and Peter did not press him for a verbal answer.

"In fact, you had a pretty easy time convincing Gary that he had psychic powers, didn't you?"

"I guess."

"That's because he trusted you, didn't he, Sergeant?"

"I suppose he did."

"There's no doubt in your mind about that, is there?

After all, when he was arrested for peeping at that girl at the college, you fixed it so he wasn't charged."

"I did."

"You must not have felt Gary was very dangerous, or you wouldn't have let him go, would you?"

Downes suddenly saw where Peter had led him. He hesitated before answering "No" and Peter noted with satisfaction that several of the jurors took notes when they saw Downes hesitate.

"Let's discuss Gary's supernatural powers, Sergeant.

Until you came up with that idea, didn't Gary insist that he knew nothing about the murder of Sandra Whiley?"

"No, that's not true. He said he saw her and the killer by the park entrance."

"That's not really accurate, is it?" Peter asked as he walked across the courtroom and handed the witness a two-volume transcript of the interrogation. Sticking out of several ages were yellow Post-its with numbers on p them. Peter carried his own copy of the transcript with similarly marked Post-its.

"Let me direct your attention to the page marked by the Post-it labeled number one. Have you got that?"

Downes nodded.

"What Gary told you initially was that he had seen a man and a woman hugging in the park, did he not?"

"Yes, but later ..

"I'm not concerned with 'later,' Sergeant. I'm concerned with what Gary told you at first. And that was simply that he had seen a man and a woman hugging."