Wrongful Death

Chapter Twenty-One

Paul Barolli was still fast asleep on the sofa when Anna got back from the canteen, his mouth wide open and making a snoring noise that sounded like a log being slowly sawn in half. Anna went over and shook him gently but Barolli, clearly still disorientated, rolled off the sofa, hitting the floor with a thud. Anna couldn’t stop herself laughing as she helped him up, asking if he was okay. He rubbed his eyes and confessed he still felt really rough. Anna suggested that he go home and sleep it off but Paul said he’d be okay and slowly went to his office.

Anna decided it was time to pack up her files and paperwork into plastic boxes so Dewar could use her desk while she was away without disturbing everything. As she checked over her desk she noticed Dewar’s copy of Donna Reynolds’ bank statement. Anna was forced to admit to herself she still had mixed feelings about Donna’s involvement in Josh’s death but everyone else on the team seemed convinced that they’d ‘got their woman’. A gut feeling was no argument against the weight of evidence that had accumulated against Donna. Anna knew that if she were still on the case she would have gone over everything with a fine-tooth comb and certainly more than once. The problem was, she didn’t have the time, and if she was honest with herself she was ready to walk away.

The desk phone rang, and when she picked it up it was Pete Jenkins.

‘Hi, Anna, I expected Dewar. I thought you’d be off on the big bird by now.’ He chuckled.

Anna told him that she was just tying up loose ends and her flight was in the morning.

Pete said he’d miss her and she was to send him a postcard of the FBI Academy so he could put it on his wall and say he’d been there. Anna laughed. Pete asked her if she had a pen and paper handy, as she might want to write some information down, but that he would also e-mail a report for the team later.

‘The money we recovered from Esme’s last night, I’ve got some results.’ He explained that Mike had taken Donna’s fingerprints after arresting her and they were now loaded onto the live scan computer system, while a courier had just delivered her DNA swabs. He had so far managed to look at the fingerprints on the top and bottom note in each £1000 bundle.

‘As expected, Josh Reynolds’ fingerprints are on lots of the notes. On one bundle I found both Josh and Donna’s prints and on others Josh and Marcus Williams’.’

‘Evidence-wise that doesn’t prove anything against Donna,’ Anna remarked.

‘No, but from firearms residue on the cash bag that match the Enfield revolver and fibres that match felt matting in the safe, it’s reasonable to conclude that the bag was in Josh Reynolds’ safe at some point.’

Anna recalled that Marcus Williams had said Josh put the fifty thousand in a cash bag.

‘It just doesn’t make sense that Josh would take the money from his safe and hide it under floorboards at his mother’s,’ Anna reasoned.

‘I agree, but however you look at it, to open the safe you need to know the code. Josh obviously knew it, but do you really believe that Donna, his own wife, wouldn’t know?’ Pete asked, and Anna knew there was sense in what he was saying. Still, something niggled her as she sought to make sense of Donna’s actions.

‘But if she went to Esme’s last Thursday, why not take the money then? We’d been to see her that afternoon and Dewar as good as accused her of murdering Josh.’

‘Unless she had a torch she wouldn’t have seen a thing. The power had been cut off for some time,’ Pete said with a touch of sympathy.

‘She could have gone back in daylight,’ Anna said.

‘Anna, I’m a forensic scientist not a detective, so I can only present you with my results. I’ve got a lot to do, so I need to crack on.’

‘Thanks, Pete, I’ll pass the results on to Mike Lewis.’ Anna sighed, frustrated that she couldn’t put her finger on what was wrong.

There was a knock and Joan came into the office with the news that she had the results of the cell-site analysis for Josh Reynolds’ phone for 5 November, which were very interesting. The constable held out the paperwork but Anna said to leave it on the desk for Dewar and Mike Lewis to look at, as they might want to use it in the interview with Donna.

‘They found a Ferrari in a garage at Esme’s flat, apparently just like the one Dewar thought it would be,’ Joan continued. ‘She wants Donna’s work computer examined as she suspects Donna was stealing money for Josh from the Lynne Foundation charities.’

‘I know you mean well but I really don’t want to hear any more about Dewar and the bloody Reynolds case. As far as I’m concerned, my part in the investigation is over,’ Anna snapped, exasperated with Joan’s continual need to drip-feed her information.

Joan’s lower lip began to tremble as she apologized for being a nuisance. She picked up one of the plastic boxes, saying she would put it in the storeroom and come back for the other.

Anna could have kicked herself – as scatty as Joan could be, she was one of the last people Anna would ever want to offend. She called Joan back and said she was very sorry and she hadn’t meant to be rude.

‘I know you didn’t, ma’am, you’ve a lot on your plate, what with your FBI trip and everything.’

‘When it’s just the two of us, please call me Anna. You are one of the lifelines of this team, Joan: every statement, every enquiry result goes through you to be uploaded. More than anyone your finger is always on the pulse and I respect you for all the hard work you do and especially the little details you so often spot that the rest of us miss,’ Anna said with genuine honesty.

‘Thank you, Anna. Do you mind if I say something else about the Reynolds investigation?’ Joan asked, and Anna told her to speak her mind.

‘I think you’re right about Donna. I have gone over everything and as far as I can see the evidence against her is all circumstantial. Agent Dewar seems to have convinced everyone she’s right and I’m frightened to say anything to the contrary in case they laugh at me.’

‘Never be afraid to speak your mind, Joan; your opinion should be valued as much as anyone else’s,’ Anna insisted.

Joan said that she would miss her while she was away. Anna gave her a friendly hug and told her that if ever she needed someone to speak to then just call, but to check the time difference first. Just as the constable was about to leave, Mike Lewis and Dewar came in. Mike handed Joan the registration number of the Ferrari and asked her to check on the national computer for the current and previous owner. As she hurried off, Joan said it would be a pleasure.

‘She looks like the cat that just got the cream,’ Mike observed.

‘And so she should,’ Anna stressed. ‘She’s one of the hardest workers out there and sometimes it’s good to let her know how much she’s appreciated.’ She paused and straightened up. ‘If it’s okay with you, I’ll head off home now I’ve sorted my desk out, and get everything ready for tomorrow.’

Mike said he would be in touch, they shook hands and he gave her a kiss on the cheek then left the room as Dewar stepped closer to Anna.

‘I know we haven’t always seen eye to eye, but I just wanted to say that it’s been an honour working with you, even though it was for such a short time,’ Dewar said.

Anna was unsure whether the agent was being genuine, but politely she returned the compliment and put her hand out. Dewar took a firm hold as they shook on it.

‘No hard feelings?’ Dewar asked, and Anna replied with the same words, even though she couldn’t help but wonder if Dewar was actually glad to see the back of her.

‘If you need any help or advice on the course, just ring me. It’s not cheating, just mutual assistance between two damn good investigators,’ Dewar said, surprising Anna, who told her she would, but had no intention of doing so.

‘I’ve told Don Blane, your course instructor, all about you. He’s the guy I spoke about, remember?’ Anna recalled her making an inappropriate remark that Don could get a virgin to open up in interview. ‘He’ll look after you, so anything you need just ask him. I might be back at Quantico while you’re still on your course so it would be great to go out and have a few beers together. I’ll take you for a spin in my 67 Mustang and you can stay a weekend at my lakeside condo.’

‘That would be nice,’ Anna said, trying to sound sincere.

As Dewar left the room to join Mike Lewis for Donna’s interview, she couldn’t resist a parting shot: ‘If I’m right about Donna, I’ll let Mike Lewis tell you.’

Anna wondered how Dewar would feel if she was wrong.

Anna put the last of her personal belongings in her briefcase and closed it, but as she lifted it from her desk, she caught sight of the cell-site analysis report for Josh’s phone. All the calls made by Josh on the 5 November were listed, and the positions of the phone masts that the calls were linked to. Curiosity got the better of her and she sat down to check through the calls from the time he was believed to have left the Trojan. At 4.15 p.m., he rang the Savoy Hotel reception and the mobile mast was in Wells Street. The next call, again to the Savoy reception desk, was at 4.30 p.m., and Anna suspected Josh must have been collecting the Ferrari from the NCP or driving it when she saw the mast was on the Marylebone Road. The call lasted for nearly two minutes and passed cell masts on the Harrow Road flyover, Westway on the A40 and finished at Acton. This meant Josh had to be travelling in a vehicle and at a considerable speed. The next call was not made until 6.45 p.m. and originated from a mast in Malden Way on the A3, then thirty seconds later the mast changed to Beverley Way for the remainder of the call. Joan had noted that the £125 petrol purchase shown on Josh’s bank statement was made at Tesco Beverley Way at 6.50 p.m. The last call Josh ever made was to Marcus Williams at 7.10 p.m. and the mast was near Esme’s flat. As Josh’s bike was recovered with the Ferrari he would most probably have walked back to his flat, which Anna estimated would have taken him at least half an hour from the garage. She thought it strange that he had left the bike and wondered if it was because he had been drinking. The cell-site information was helpful in narrowing down the time of death but Anna had no idea why Josh should travel out of London via the A40 and then return on the A3. There was a two-hour period during which his location could not be accounted for. He could have been to see a secret lover, but why when he clearly used Esme’s as a love nest? Who was this mystery woman? More importantly, Anna wondered why she had never revealed herself since Josh’s death.

Anna turned to Donna’s bank statement, concentrating on the month before Josh’s death. None of the withdrawals and payments seemed untoward until on Friday, 2 November, Donna withdrew £1000. Anna suspected this was a cash-over-the-counter transaction and recalled Pete Jenkins saying he had found Josh and Donna’s fingerprints on one of the bundles of money. Knowing that Dewar and Mike had gone downstairs to interview Donna, Anna highlighted the transaction then wrote a note for Dewar: DID DONNA GIVE JOSH 1K – WHY – AND WHAT FOR?

Once more, Anna picked up her briefcase and grabbed her handbag and coat and was about to leave her office when Joan came in to say goodbye. She was almost in tears as she shook Anna’s hand.

‘I know you’ve finished with the Reynolds case but would you like me to keep you updated?’ Joan asked.

‘As it happens, yes, I would, but keep it just between you and me, okay?’

‘Mum’s the word,’ Joan said, and touched her nose.

‘I’d like to listen to a copy of Donna’s interview, so I’ll e-mail you a password for my Dropbox account and you can load the file and anything else of interest onto that.’

Joan looked terribly depressed.

‘Cheer up, I’m not going for good,’ Anna told her. ‘I’ll be back before you know it and whatever case I am allocated I’ll ask for you to come on board.’

Joan was becoming more tearful, which only made Anna more eager to leave, sadly reflecting that as often happens with the Joans of this world, they just step that bit too close for comfort.

Donna Reynolds looked composed and quite glamorous, in a Chanel suit, large pearl earrings and matching necklace – not at all like someone who had just finished a long consultation with her lawyer. Ian Holme QC, who had come straight from court to represent her, was in his late fifties, had piercing blue eyes and a large head with a wave of swept-back grey hair. He was tall and thickset with big broad shoulders and large hands, and, in his black court jacket, matching waistcoat and grey pinstripe trousers, created a tremendously imposing impression.

Donna nervously looked at her wristwatch as Mike Lewis and Dewar entered the room and sat down opposite her and Mr Holme. Mike noticed Donna’s watch was a diamond-encrusted Rolex and thought it was probably worth more than his family estate car. He introduced himself and Special Agent Dewar, explaining that she was on work experience with the Met. Mr Holme looked over the rim of his half-moon glasses and remarked that Lady Lynne had made him more than aware of exactly who Agent Dewar was and he hoped her conduct would be more professional this time round. Dewar had been warned by Mike about the lawyer’s fierce reputation and thought it best not to respond.

Mike switched on the DVD recorder and recited the caution to Donna, who listened intently, clenching her hands together on her lap. Mike said that he would firstly like to go over the statement she made to DI Simms back in November 2012. Holme confirmed that he had discussed the statement with Donna during their consultation.

‘So you were at the Lynne Foundation Charity Ball all night on the fifth?’ Mike asked her.

‘Yes, and I stayed in the hotel overnight.’

‘You never left it?’

‘No, except to go to the ladies’ room and eventually bed,’ Donna said, confused by Mike’s insinuation.

‘This was also verified by Lady Gloria and Aisa Lynne,’ Mr Holme interjected.

‘That’s not true, is it, Donna?’ Mike looked Donna in the eye.

‘Are you suggesting that Lady Lynne and Aisa are lying?’ Holme asked.

‘No, Mr Holme, I’m suggesting Donna is, and they were totally unaware she left the hotel.’ Mike opened the case folder and got out a CCTV picture of Donna’s Mini leaving the hotel car park. It had been edited to remove the date and time stamp. He placed the photograph on the table and turned it round for Donna to see, pointing to the vehicle’s number plate.

‘Is that your car?’

‘Yes,’ Donna said nervously.

‘Do you know where and when this picture was taken?’ Mike continued. Donna stared at the picture and shook her head.

Mike took out a duplicate photograph with the time and date stamp on and placed it on the table for Donna and Holme to see.

‘Ten o-five p.m. on the fifth of November 2012 leaving the Savoy underground car park,’ Mike said and then placed another picture on the table, again pointing to the time and date stamp. ‘Eleven fifty p.m., your car returning to the same car park.’ Mike was expecting Mr Holme to object that he had not had access to the pictures before the interview, but he didn’t.

Donna looked startled as she turned to Holme. ‘I swear it wasn’t me driving.’ Holme raised his hand for her to stop and explained that the police were not obliged to disclose all their evidence prior to the interview.

‘My client has said it was not her and I notice that the driver is not visible in any of your pictures. Do you have any CCTV footage that clearly shows Donna Reynolds driving the vehicle in and out of the car park?’ Holme said in a calm and precise manner.

Donna began to shake and was close to tears. Mike pressed her, asking if it wasn’t her driving then who was it, to which Donna replied she didn’t know. Holme leaned over and whispered to his client, who nodded to him repeatedly during their hushed conversation.

Holme tapped the table with his pen. ‘I was at the Charity Ball that night and as I recall the hotel had a valet parking service. Are you aware of that fact?’

Mike looked at Dewar. She shrugged her shoulders and shook her head.

Holme continued: ‘I’ll take that as, no, shall I? My client used the valet service and her car keys were not back in her possession until she left the hotel on the morning of the sixth.’ He smiled smugly.

‘You got the car keys from reception, drove to the Bayswater flat, murdered Josh and then returned to the hotel, didn’t you, Donna?’ Mike quickly countered, staring her in the eye.

‘Do you have anyone from the hotel reception who can confirm she asked for her car keys that evening?’ Holme interjected.

Mike admitted he didn’t and was annoyed that the car-park evidence was now less compelling. It irritated him that Holme was guiding Donna and not letting her answer the questions, but he had no choice but to move on. Next, he produced the set of keys for Esme’s flat.

‘These keys were found in your car-’ Mike began, but Holmes leaned over and had another whispered conversation with Donna, eventually nodding for her to answer.

‘They are keys for Josh’s mother’s flat. I was given them by DI Simms after the post-mortem,’ Donna said, fumbling for a tissue from her pocket to wipe her eyes.

‘Why did you go there last Thursday evening after visiting Marcus Williams at the Trojan club?’ Mike demanded.

‘You had me followed?’ Donna asked, crying.

Holme again leaned towards her.

‘Mr Holme, would you please allow Donna to answer my questions,’ Mike said, and the steely-eyed QC glared at him.

‘As you never disclosed any of this to me, I need to advise Donna accordingly. She is being cooperative and I do not want her to give an answer that may be taken out of context and made to fit your wild theories,’ Holme said calmly and then, turning to Donna, told her to continue. He reached over to a box of tissues on the table and plucked one out, handing it to her. She blew her nose and sniffed.

Donna then said quietly that after Agent Dewar and DCI Travis had been to speak with her at her mother’s house she couldn’t believe that Josh might have been murdered. She felt as if she was left in the dark, and in that very distressed state she went to see Marcus Williams. Donna insisted she had wanted to find out what Delon Taylor had said and if there was any truth in it. She blew her nose again, crumpled the tissue, swallowed hard and took a deep breath before continuing.

‘Before Josh died, I had suspected he was having an affair. At the time he was acting strangely and I became a bit paranoid about it, but I never found anything that confirmed my fears. I thought Josh had sold Esme’s flat to pay off some of the Trojan bank loan and renovation work. After Agent Dewar came to see me at my mother’s, I wondered if he did have an affair and was using his mother’s flat.

‘You must have realized he hadn’t sold Esme’s flat when DI Simms gave you the keys?’ Mike said sharply.

‘No, I did not. I was given all his belongings in one plastic bag. My mother sorted through it and put his personal belongings in a box for me. I never looked through the box until after DCI Travis and Agent Dewar came to see me.’

‘Why then?’ Dewar asked.

‘Because your questions made me suspicious again, of Josh having an affair. I found the keys in the box and wondered if they were for Esme’s flat so I went there.’

Mike placed some photographs of the recovered money down on the table.

‘There’s one hundred and fifty-eight thousand pounds here in bundles of a thousand. It was found in a cash bag under the floorboards at Esme’s flat. Do you know anything about it?’

‘No, nothing at all,’ Donna said, clearly shocked.

Mike asked her if she knew the combination for Josh’s safe and she said she didn’t and neither did she know if he’d had any money in it.

‘Can you explain then why your fingerprints and firearms residue matching the gun were on some of the money we recovered?’

Donna looked stunned and she turned to Holme, trying to make sense of what she had just been told.

‘Josh phoned you at the Savoy and said he was ill and was not going into work. It was the perfect opportunity so you sneaked out from the ball.’

‘No, I swear I didn’t,’ Donna pleaded.

‘Josh was in the living room asleep so you quietly opened the safe, got the gun, made him kneel in front of you and then you shot him,’ Mike said firmly.

Donna sat shaking her head in disbelief as Holme impatiently drummed his large fingers on the table and rolled his eyes.

‘I really must object, Superintendent Lewis. Nearly every question you have asked is based on evidence that was not disclosed to me. You are trying to entrap my client, so I would like full disclosure and a further consultation with Mrs Reynolds before any more questions are put to her.’

Mike knew he had no grounds to object to Mr Holme having a consultation break, and decided that he would disclose further information regarding the recovery of the Ferrari beforehand. As he looked through the case file for a photograph of the car, Dewar took the opportunity to question Donna.

‘You faked the suicide note that Josh left on his laptop, didn’t you?’

‘No, I never even knew it was there, the police found it,’ Donna whimpered and again wiped her eyes with the tissue.

Mike Lewis began to explain to Dewar that as Mr Holme has asked for a consultation break, they were obliged to allow it, but Holme interjected, saying that he had been served with a printed copy of the suicide note and he was interested to hear Agent Dewar’s reasoning why she thought Donna had written it.

Holme patted Donna’s hand. ‘Are you happy to continue?’ he asked, and she nodded.

Mike knew that the validity of the suicide note would have to be put to Donna at some point so he let Dewar continue.

The agent asked Donna to look at the copy of the note.

‘Let me just point something out to you, Donna. The design of the note is wrong for someone about to commit suicide. It’s set up for an audience, written in the past tense and full of grammatical errors. It is clearly fake.’

‘I don’t understand. I swear to you I didn’t write it. I never even knew about it until DI Simms spoke to me,’ Donna wept.

Mr Holme leaned forward, resting his elbow on the table and his chin in his hand as he looked at the suicide note.

Dewar was about to continue but the lawyer interrupted her: ‘A very astute observation, Agent Dewar. Tell me, are you a recognized expert in the field of forensic linguistics?’

‘I have studied it and written a paper on the subject,’ Dewar replied smugly.

Holme shook his head and raised his eyebrows, clearly not impressed with Dewar’s reply.

‘Are you a recognized linguistics expert under the United States Supreme Court “Daubert” test? Or a mere dabbler in the subject?’ Mr Holme asked disapprovingly, neatly demonstrating his knowledge of American law.

Mike could feel Dewar tensing up beside him as she clenched her hands together. ‘I am conversant with the “Daubert” test, however-’ she started to say but Mr Holme interrupted her and remarked that ‘being familiar’ was not good enough, so he would refresh her memory and enlighten Superintendent Lewis regarding the “Daubert” test.

The way Holme took over the interview was beginning to make Mike tense as well, as the arrogant man removed his half-moon glasses and swung them round in his hand.

‘The expert must have sufficient knowledge, skill and experience of the subject matter and acknowledged stature in an academic or other peer community.’

Dewar’s cheeks flushed red as she realized she had been found out and her opinions would count for nothing in a court of law. Although she had also wanted to ask Donna about her 999 call to the police, she realized it would now be futile as Mr Holme would again challenge her reliability as an expert. Her embarrassment turned to resentment at being belittled in front of Mike Lewis.

‘Do you always believe in a client’s innocence?’ Dewar challenged Holme, who sat back in his chair and wafted his hand.

‘Good Lord, no,’ he replied honestly with a chuckle, then deliberately paused before continuing: ‘But I do believe Donna Reynolds.’

Mike Lewis took control of the interview and asked Mr Holme if he had read Pete Jenkins’ forensic report about the blood spatter. The lawyer confirmed that he had and remarked that it was interesting that the report was made from photographs many months after Josh Reynolds’ death and not as a result of observations made at the time.

Mike knew that Holme was implying that the original scene investigation was a total farce. Feeling the pressure, Mike pressed on, glancing towards Donna.

‘The conclusion of the report is that your husband did not shoot himself and was in fact murdered, then the gun was placed in his hand to make it look like a suicide.’ Mike took a calculated risk and put a photograph of Josh’s dead body down on the table in front of Donna. She looked briefly at the picture then began to tremble uncontrollably and burst into a fresh flood of tears.

‘I didn’t kill Josh. I swear it. I didn’t kill him. I loved him. I loved him!’ As expected, and hoped for by Mike, a very angry Mr Holme objected to Donna being shown the photograph.

Holme raised his voice. ‘Forensic science, like your interview tactics, can be wrong. Your behaviour is underhand and oppressive. I demand a break for consultation.’

Mike quickly turned off the recording equipment. He then stood, picked up his case file and the photographs and told Mr Holme to let the custody sergeant know when he was ready to recommence the interview.

Dewar followed Mike out of the room, racing to catch up with him as he strode down the corridor.

‘You had her on the ropes there, why stop?’ Dewar asked but Mike said nothing. ‘The tears and sniffling are a big act, just like her sham 999 call. You should have kept going at her or allowed me to.’

Mike stopped in his tracks.

‘If I want your opinion I will ask for it. I wanted Holme to break the interview before you screwed up again. He lured you right into his trap and played you for a fool. I should have listened to Anna and taken her into the interview,’ Mike said with anger.

‘But I’m right, the suicide note is a fake.’

‘You don’t get it, do you?’ Mike said, shaking his head.

‘Get what?’ Dewar asked.

‘Holme knows it’s a fake, and I’ve no doubt he agrees that Josh was murdered, but he’s saying, and making a very good job of it, that it wasn’t Donna.’ Mike, exasperated, continued to walk on. ‘I warned you, I told you not to get in a head-to-head with Holme.’

‘I’m sorry, Mike, it won’t happen again.’

‘Too bloody right it won’t because Barolli will be doing Donna’s next interview with me.’