The Innocent Woman

49

“Are you all right?”

There was a reason for Mark Taylor’s solicitude. Tracy Garvin looked decidedly pale.

Not that she appreciated his asking. “Just fine,” she snapped. She flopped into his client’s chair, took her glasses off and pushed the hair out of her eyes. She rammed the glasses back on, almost defiantly.

“No need to snap his head off,” Steve said. “You have every right to be upset.”

“Me? Why me?”

“Having someone blow his brains out like that is a little hard to take.”

“Granted,” Tracy said. “But why me? What about you and Mark?”

“Mark’s a hardened detective.” Steve shrugged. “Me, I’m a criminal attorney. I see stuff like that every day.”

“Don’t joke,” Tracy said.

“Hey,” Taylor said. “This is not some sexist thing. I’m sick to my stomach too. And when you figure this is your first firsthand experience with something like this.”

“Oh yeah?” Tracy said. “Are you forgetting I found the body?”

Steve shrugged. “Well, if the D.A.’s willing to forget about it, I don’t see why we shouldn’t.”

“Where do we stand on that?” Taylor said.

“In the clear. Amy Dearborn’s innocent. You can’t aid and abet an innocent person.”

Taylor grimaced. “Isn’t that a somewhat iffy position?”

“It would be, if anyone wanted to press the issue. The way things stand, if Dirkson came after us now it would look like spite.”

“You think he’d care what it looked like?”

“To the voters, yes. Trust me, Dirkson will take all the credit he can on this one, and everything else will slide. You read the papers tomorrow, it’ll look like it was Dirkson’s doing that Cunningham cracked. You’d swear he was on to him all along. And anything connected with the Amy Dearborn arrest will quietly fade away.’’

Taylor thought that over. Nodded judiciously, then cocked his head. “Think you’d have sold him? I mean, say Cunningham doesn’t blow his brains out, you think they’d have gone along?”

“Eventually, yes,” Steve said. “I had Judge Wylie sold. Dirkson’s another matter. The guy would have loved to nail us, and hated to let go.”

“How’d you get around the drawer?” Tracy said.

Steve looked up. “Huh?”

“The petty cash drawer. How’d you explain that?”

“Just the way I did in court. Some crime scene guy did it and was covering up.”

“But Dirkson would never buy that.”

“Of course not. He knew I was lying. But there was no way I was going to admit Amy Dearborn had been there before. So that was the only argument I could make.”

“So who did it?” Tracy said.

“Who did what?”

“You know what. Who closed the petty cash drawer?”

“Ah, good question,” Steve said.

The color had returned to Tracy’s cheeks. She snatched off her glasses, folded them up, cocked her head, looked at him. “Thank you. Now do you think you could be troubled to answer it?”

The intercom buzzed. Taylor scooped up the phone, listened, said, “Thanks,” and hung up. “Amy Dearborn called. She’s on her way up.”

“That was her?” Steve said.

“No. The switchboard. She called, found out you were here, and she’s coming up.”

“Why’d she call here? Oh, don’t tell me.” He turned to Tracy. “You have call-forwarding on?”

“Sure.”

Steve shook his head. “That’s funny. Since this case started, all I’ve heard is answering machines and call-forwarding. Every time I turned around. Finally the damn thing clicked.”

“That really was the solution?” Taylor said. “That’s how he heard the message?”

“I have no idea,” Steve said. “I’m sure Dirkson will check it out. Any maybe he did. Maybe it’s just as I said. But maybe not. Maybe he doesn’t even have call-forwarding. Maybe he just called her answering machine to see if she had any messages because that’s the type of nosy, jealous guy he was. But that doesn’t matter. However it happened, the fact is he got the message, went down there and killed him.”

“Yeah, but what about the petty cash drawer?” Tracy said.

“Not to mention the petty cash,” Taylor said. “Who took that?”

“Larry Cunningham,” Tracy said.

“Not that petty cash,” Taylor said. “I mean before. The petty cash Amy was accused of taking.”

“That’s right,” Tracy said. “You have any ideas about that?”

“Sure,” Steve said. “But that’s all they are. Just ideas. I can’t prove a thing.”

“Who wants proof? Just tell me what you know.”

“There again, I don’t really know anything.”

“Don’t piss me off,” Tracy said. “Who closed the petty cash drawer? Who took the petty cash?”

Before Steve could answer, Amy Dearborn burst in. It was the most animated Tracy had ever seen her. Her eyes were sparkling.

“Free,” Amy said. “It’s unbelievable. I don’t know how to thank you.”

“You just did,” Steve said.

“Yes, but it’s inadequate. It really is. And… Well, I don’t know how to pay you, either.”

“I know,” Steve said. “Some cases are bigger than others. You gave me a dollar. That’s all I ever expected to see out of this one.”

“But, that’s…” Amy shook her head. “Well, like I said, I don’t know how to thank you.”

“Yeah, well you don’t have to,” Steve said. “I didn’t do it for you.”

Amy looked at him. Frowned. “What’s the matter with you? We won.”

“I don’t consider having someone blow his brains out exactly winning.”

“Oh. Is that the problem?”

“It’s part of it. I think part of it is you’re so damn happy, and your boyfriend’s dead.”

“He wasn’t my boyfriend.”

“Yeah., well Fletcher was.”

“Huh?”

“I remember how pissed off you were, way back when, when I asked if you and Fletcher were an item. That should have told me right there. But it didn’t. I didn’t know for sure until I heard that tape.”

“What?”

“The answering machine tape. The way he talked to you on that. I heard that and I knew.” Steve shrugged. “Just like Larry Cunningham knew.”

Amy looked at him. “Why are you doing this?”

“Yeah,” Steve said. “Why? Why aren’t I dancing up and down like you, just happy we won? It could be getting lied to so often wears you down.”

“I didn’t lie to you.”

“You never did anything else. You’re lying now.”

Amy drew herself up. “I resent that.”

“Just like you resented it when I suggested you and Frank Fletcher might be an item?” Steve shook his head. “You really need to change your tune.”

“I don’t have to stay here and listen to this.”

“No, you don’t,” Steve said. “But before you go, we should get things straight, in case the police talk to you again.”

“You think they will?”

“I know they will. So will the press. You play your cards right, you get a TV movie out of this.”

“I don’t understand. Why are you so hostile?”

Steve pointed. “Tracy Garvin put herself on the line for you. I put myself on the line for you. Mark Taylor there didn’t do much-just happened to risk his license. So what does that make us? Just a bunch of suckers, don’t you think?”

“Hey,” Amy said. “I didn’t kill Frank.”

“Right. You’re innocent. Unfortunately, that doesn’t give you a ticket to abuse everyone you meet.”

“Hey.”

“I expect clients to lie,” Steve said. “It comes with the territory. I think every client I’ve ever had has lied to me one way or another. But you, you take the cake.” Steve leaned back, cocked his head. “I’ve been trying to think why it pisses me off so much. I think it’s like the whole thing with Larry Cunningham. Perfectly willing to let him buy you dinner, knowing he had no chance with you at all. See, that’s a kind of lie right there. You’re lying to him, and maybe you’re kind of lying to yourself too. Because there’s all kinds of lies.”

Steve held up one finger. “You know what we were talking about just before you came in? The petty cash. Who took the petty cash? I mean the original petty cash, way back when. The petty cash you were found innocent of having stolen. We were wondering who took that.”

Tracy Garvin’s eyes widened. “Are you telling me she took it?”

“No, I’m not,” Steve said. “Not exactly. You want to tell us about it, Amy?”

“Tell you what?”

“Frank Fletcher. Your relationship with Frank Fletcher. It wasn’t what you said it was. So what was it?”

“I don’t know what you mean?”

“Yes, you do. You make the right assumption and the pieces fall into place. You and Frank Fletcher were an item. Used to run around together. Fancy nightclubs, the whole bit.” Steve shrugged. “Who knows, maybe even drugs. After all, the doctor got a trace residual cocaine reading in the autopsy.” Amy was glaring at him now. “I imagine that ran into money. And I imagine just like with Larry baby, you weren’t paying.” Steve looked at her. “Did you know it was Frank was dipping into the till? Or did you just suspect it?”

“What makes you think that?”

“Because it fits. Like I say, you start putting the pieces together and you get a picture. Frank Fletcher is taking you around. To do this, he’s dipping into the till. Partner Marvin Lowery notices the shortage. Fletcher has to explain. At the same time, it comes to his attention that the girl he’s been blowing the money on is going out with nerdy twerp Cunningham. And Fletcher may not be as quick as I to accept the fact it’s platonic.” Steve shrugged. “I don’t know about him, but if that girl were working for me, it wouldn’t take too much thought to figure out if she got nailed for that shortage, it would kill a lot of birds with one stone.”

“You’re making a lot of assumptions,” Amy said.

“Yeah. You want to point out where they’re wrong?”

Amy’s chin came up. “I have nothing to say on the subject. I… I just came in to thank you.”

“Your thanks are noted,” Steve said.

Amy looked at him a moment. Then turned on her heel and walked out.

“Wow,” Taylor said. “Is all that true?”

“I have no idea. I just threw it out there to see if she’d deny it. As far as Fletcher stealing the money, I doubt is she even knows.”

“You really think he did?”

“Well, somebody took it. It doesn’t have to be him. It could just as well have been her.”

“You’re kidding.”

“Not at all. She’s told me so many lies, how can I separate what’s true? And it works either way.”

“How do you mean?”

“Well, Amy wound up with two of the marked bills. There’s two ways she got ’em. She either got ’em because she took ’em. Or she got ’em because Fletcher planted ’em on her. It is, however, a moot point, since a jury of her peers found her innocent.”

“All right, never mind the money,” Tracy said. “What about the drawer? Who closed the petty cash drawer? Or is that another well-it-could-have-been-him-or-it-could-have-been-her?”

“No, I know who did that.”

“Oh yeah? Who?

“Larry Cunningham.”

“You’re kidding.”

“Not at all.”

“Wait a minute,” Taylor said. “I thought Larry Cunningham took the money and left the drawer open.”

“He did.”

“And now you’re saying he closed it?”

“That’s right,” Steve said. “And I’m glad he did.”

“Why?” Tracy said.

“Hold on,” Taylor said. “Never mind why. I wanna know how. First you said he left it open, now you say he closed it, whaddya mean by that?”

“He left if open and came back and closed it,” Tracy said impatiently. “That’s obvious, Mark. I want to know why.”

“He did it to frame her.”

“What?” Taylor said.

“To frame Amy. He did it to frame her for the crime.”

“Are you serious?”

“Absolutely.”

“Why would he do that?”

“Well, he doesn’t want the cops to pick on him.”

“Yeah, but why her? He loved her.”

“Yeah, but unrequited. And what a frustrating, one-sided love affair that was. And then she cheats on him. Gives everything he wasn’t getting to another man. He may have killed Fletcher, but who was he really mad at?”

“You think framing her fits the profile?” Tracy said.

“Absolutely. Particularly if the call-forwarding idea is bunk, and the guy is the obsessive, suspicious type who called her answering machine just to see if she had a message from another man.”

“So when does he close the drawer?” Tracy said.

“Right after we were in there.”

Taylor held up his hand. “Excuse me, gang. I don’t know anything about that. Wouldn’t know where you were talking about, or what.”

“Don’t sweat it, Mark. I promise you, Dirkson’s dropped the whole thing.”

“Yeah, come on, Mark,” Tracy said. “If you don’t want to hear it, leave.”

“Leave?” Taylor said. “It’s my office.”

“Then shut up and let him tell it. I almost went to jail over that damn drawer.” She turned to Steve. “Tell me how you figure.”

“Okay. Cunningham gets the message, goes down and kills Fletcher. Up to that point, he’s running on automatic pilot, knows what he wants to do, and does it. Fletcher falls dead, Cunningham wakes up. Uh-oh, I’m in trouble now, what am I gonna do? Then he realizes. Amy. She’s gonna get the message and go down there. All he’s gotta do is-” Steve broke off.

“What is it?” Tracy said.

“It just occurred to me.”

“What?”

“The answering machine. If Amy got the message and went down there, the answering machine must have been blinking. But it shouldn’t have been if Cunningham heard the message. That’s how you make it stop blinking-you play the message. If it was still blinking, it means after he heard the message, Cunningham must have saved it. You can do that over the phone, right?”

“Sure,” Tracy said. “You just punch in a code.”

“And that’s what he must have done. Otherwise, Amy never gets the message at all. Which means he didn’t shoot Fletcher and wake up. He planned to frame her all along.”

“All along?” Taylor said.

“I mean from the time he made the call. He hears the message, decides to kill him, and decides to frame her all at once. It had to be, or why would he save the message. In a way, I’m glad.”

“Why?” Taylor said.

“Same reason I’m glad he closed the drawer.”

“What?”

“The guy blew his brains out. And if you want to look at it that way, I helped him do it. It may be selfish as hell, but I like to think the guy was a creep.”

“He was a creep,” Tracy said. “We all agree on that. Tell me about the drawer.”

“Okay,” Steve said. “Cunningham kills Fletcher, intends to frame Amy. He’s left the message for her, so he knows she’s on the way. In point of fact, he has very little time. He kills Fletcher, gets out, waits for nature to take its course. When Amy shows up, he’s across the street, keeping an eye on the building from behind a parked car. He sees her go in, but that’s not enough, he wants to be sure. He waits for the arrival of the cops.

“Only they don’t come. Instead, he sees Amy go out. Better and better. She didn’t call the cops, she’s running away. That ought to stick her neck in the noose. He tags along just to make sure.

“What happens? She goes to the corner and makes a call. Then she goes and hangs out on 48th Street. Of course he has no idea why.

“What happens next?” Steve turned to Tracy. “You show up. Well, Cunningham has no idea who you are, but it sure is interesting. Particularly when Amy takes you up to F. L. Jewelry. And the two of you come out, and the cops still don’t come.

“You take Amy back to our office. Cunningham’s no dope. He checks the directory in the lobby, sees my name. He and Amy were talking about me at dinner. So now he knows what’s up. Instead of the cops, she called her lawyer. You must be connected with me, Amy must be upstairs in my office. So now he’s on the street waiting for me to show up.

“Only I don’t. Instead, you come out alone. Would Cunningham tag along? I would think so, when he sees where you’re headed. He follows you back to the office. Wonders what your plan is. Maybe, you’re going to find the body and call the cops. Try to leave Amy out of it. Cunningham wouldn’t like that much, but there isn’t much he could do about it.

“So, he’s watching to see if the cops show up and, surprise, surprise, you and I both come out. Well, I’m sure Amy’s described me to him, so I’ve got to be the hippie lawyer. So he tags along to see what we do.

“Well, we go right back to the office. A short while later, Amy comes out alone. Cunningham follows her to the subway, sees she’s headed uptown. Well, he can figure that out-slick, shyster lawyer sent her home so she can come to the office and pretend she just got there.

“And that’s when Cunningham made the diabolically clever, incredibly shrewd move.

“He knows the three of us have been in there. We’ve all seen the crime scene. He knows how Amy will describe it to the cops. And he knows she’s gonna show up and try to pretend she just got there the first time. So he thinks to himself, is there anything he could plant there that they would immediately know her story wasn’t true?

“Then he gets it.

“Yes, of course.

“The drawer.

“He rushes up there, closes the drawer and gets out. It’s the perfect frame. Well, not perfect-Amy might notice the drawer closed before she talks to the cops. But probably not. It’s on the far side of the desk, she’d have to walk around there to see it, and why should she?

“And if she does, no real harm done. With everything he knows, it won’t be that hard to fame her. He’ll find another way.”

“Like what?”

Steve shrugged. “I imagine that’s why he hung onto the gun.”

“You mean to plant in her apartment?”

“Exactly,” Steve said. “If he’d had her keys, I’m sure that’s what he’d have done. Failing that, he’d want to come up with a place where it would look like she’d ditched it.”

“Where would that be?”

“Actually, it wouldn’t really matter. Practically anywhere would do, but probably near her apartment. He’d stash the gun somewhere, then phone in an anonymous tip saying he’d seen a woman of her description hiding a gun.”

“So why didn’t he?” Taylor said.

“He didn’t have to. The drawer worked. The cops nailed her on it.”

“Right.”

“Which he learned when he visited her in jail,” Tracy said.

“Exactly,” Steve said. “Plus the cops got the tape from the answering machine. A bit of luck there. The message wasn’t saved. If another call had come in, it would have been erased.”

“Right,” Taylor said. “So why didn’t Cunningham save it? I mean again, after Amy went down there?”

Steve shrugged. “It was a two-edged sword. If the light’s blinking, it looks like Amy never got the message-you’ll recall Dirkson’s strongest argument was the light was steady.”

“Yeah, maybe,” Taylor said.

“Plus, I’m not sure it works that way.”

“Huh?”

“The message wasn’t saved,” Steve said. “So if Cunningham called the machine to try to play it and save it, would that work, or would his call erase Fletcher’s message? See what I mean?”

“Would it?”

“I don’t know. Tracy?”

“I think it could be done,” Tracy said. She shrugged. “Whether Cunningham could do it is another matter.”

“Why, just because he’s a man?” Steve said. “Well, I sure know I couldn’t.” He shook his head. “This technical stuff. I probably could have figured this case out long ago if I didn’t have a blind spot for it.” He turned to Tracy. “And I haven’t really been thinking straight since you got involved.”

“Sorry,” Tracy said.

“No need to apologize,” Taylor said. “It’s contagious. Just hang around with him long enough and before you know it, you’re spiriting witnesses away, suppressing evidence, and planting clues.” He shook his head. “It’s practically part of the job.”

“Don’t take it so hard, Mark,” Steve said. “You realize in this whole case, the cops and the D.A. never made a pass at you?”

“Sure, ’cause you and Tracy were such good targets. But if they nailed you, you wanna bet they would have got to me?”

Tracy held up her hand. “Hey, lay off, Mark. This is my fault. I brought him the case, I forced him to take it.”

“Let’s not go overboard,” Steve said. “I’m a big boy, I’m responsible for my own actions.” He waggled his finger and smiled. “Just don’t do it again.”

“Bring you a client?” Tracy said. “You gotta be kidding.”

“Oh, you can bring me clients,” Steve said. “Just no more innocent ones. They’re entirely too much trouble.”

“That’s for sure.”

“So let that be a lesson,” Steve said.

“Whaddya mean?”

“Next client you bring me damn well better be guilty.”