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If Ellie were telling the whole truth, she’d tell Judge Bandon that there was something about Sam Sparks that got under her skin. And she would try to explain that the only thing that bothered her more than that something was her own inability to maintain control in the face of it.
Sparks’s rigid refusal to cooperate with the police investigation – all because of their first ill-fated encounter, an encounter in which she had played no small part – had contributed to a four-month investigation that led nowhere.
‘So, in sum, Detective Hatcher, would access to the financial and business records we are requesting from Mr. Sparks assist you with your investigation?’ Donovan asked.
‘We believe so,’ she said, now looking directly at Judge Bandon. ‘Mr. Sparks is, as we all know, an extremely successful man. A break-in at one of his showcase personal properties would send a message to him. If he has financial or business enemies, we need to look into that.’
‘And to be clear, is Mr. Sparks himself a target of your investigation?’
‘Of course not,’ Ellie said.
If she were revealing the whole truth, she would have told Judge Bandon that at one point they of course had looked at Sparks as a suspect, but had quickly cleared him.
‘Is there anything you’d like to add to your testimony, Detective Hatcher?’
In polite courtroom discourse, ADA Max Donovan referred to her as Detective Hatcher. But this was not the whole truth, either. If courtrooms had anything to do with the whole truth, he would call her Ellie. And one of them might have to disclose the fact that, just that morning, the testifying detective had woken up naked in the assistant district attorney’s bed.
‘No, thank you, Mr. Donovan.’
Chapter Four (#ulink_e4f8601b-2c96-5c48-844b-a3b7952a009d)
11: 45 a.m.
Megan Gunther rolled her fingertips lightly over the keyboard of her laptop computer. It was a nervous habit. If her typing fingers were positioned at the ready, she had a tendency to keep them moving – tiny little wiggles against the smooth black keys.
She remembered begging her mother to teach her to type at the age of six. Her parents had just purchased a home computer, and Megan would eavesdrop as they sat side by side at her father’s desk, marveling at the wonders on the screen, all attributable to something called the Internet. But Megan had marveled at the speed of her mother’s fingers as they flew across the keyboard.
She glanced at the round white clock that hung above the blank blackboard behind Professor Ellen Stein. Eleven forty-five. Fifteen more minutes. Thirty-five minutes of class had passed, and the only words on her laptop screen were ‘Life and Death’, followed by the date, followed by a single question: ‘Are all lives equally good?’
Megan had enrolled in this seminar because the catalog description had piqued her curiosity: ‘Is life inherently worthwhile, or only if the life lived is a good life? Is death necessarily negative? Is a life not lived superior to a life lived in vain?’
Megan was no philosophy major – she would declare biology next year, and her curriculum was designed specifically for premed. But that course description had grabbed her attention. She figured that it could only serve the medical profession well if a future doctor took the time to contemplate the larger meaning of life and death in addition to learning the science that could extend one and forestall the other.
She should have foreseen, though, that a philosophy seminar with no prerequisites would devolve into a series of free-floating chat sessions during which unfocused undergrads – the ones who would eventually wind up behind a Starbucks counter, or perhaps in law school – attempted to show off their mastery of the most reductionist versions of the various branches of philosophy.
Today’s class, as was often the case, had held momentary promise when Dr. Stein posed the question that was still staring at Megan from the screen of her laptop: ‘Are all lives equally good?’
Unfortunately, the first student to respond immediately played the Hitler card. As in, ‘Of course not. I mean, who here mourns the death of Hitler?’ After just three weeks of a single philosophy course, Megan was convinced that the quality of the national civic dialogue would be noticeably improved by a voluntary prohibition against all analogies to Nazi Germany.
Poor Dr. Stein had done her best to steer the conversation on track, but then the girl who always wore overalls and patchouli oil had set off another frenzy of mental masturbation by wondering aloud whether the mentally disabled enjoyed their lives as much as ‘regular’ people.
Megan found herself contemplating her fingers jiggling on the keyboard again. Not her fingers as much as the keyboard itself. The layout. She understood why the Q and the Z belonged to the whim of her left pinky; Hitler analogies were more common than the use of those letters. But what criteria had been used to determine the keys that would qualify for ‘home base’, as her mother had called it during her early touch-typing training? A, S, D, L – those she understood. But F and J? And the semicolon? How often did anyone use semicolons?
She forced herself to tune back into the conversation around the seminar table. She gathered that the patchouli girl’s comment about the mentally disabled had set off a larger conversation about the value of knowledge when a guy with a paperboy hat and a beatnik growth of hair beneath his lip retorted, ‘Please, go read more Ayn Rand. You’re asked about lives without value, and you pick on the retarded? Of much more questionable value is a life spent absorbing knowledge but then doing absolutely nothing with it.’
At that, Megan thought she noticed a twitch in Dr. Stein’s left eye. Twenty minutes later, the class was still debating whether knowledge was worthy for its own sake, or merely as a means toward practical ends.
‘But even to differentiate between knowledge for its own sake and for its pragmatic import is a fiction,’ the patchouli woman insisted. ‘It assumes an objective reality that stands alone, independent of our own cognitive responses to it. We have no measure of reality other than through our own thoughts, so what precisely do you mean when you say “knowledge standing alone”? Knowledge is reality.’
‘Only if you’re an epistemological idealist,’ the soul patch argued. ‘Maybe Kant would agree with that kind of logic, or even John Locke. But a realist would maintain that there is an ontological reality that is independent of our own experiences. And if we can set aside our narcissism for thirty seconds and accept that premise, then it’s not a lot to ask of the privileged elite that they use their knowledge to make a concrete, objective difference in that reality.’
‘This might be slightly off topic –’
Megan felt her eyes rolling involuntarily away from the speaker, the decent-looking guy who always wore concert T-shirts.
‘This might be slightly off topic, but has anyone else wondered why John Locke on Lost is named John Locke? It explains the inconsistencies in the various narratives. The writers are telling us to take all those flashbacks and flash-forwards with a grain of salt; they are each filtered through the lens of the characters’ personal experiences.’
‘Oh, my God. Did he really just say that?’ The whisper came from the student sitting next to Megan, a guy in a Philadelphia Flyers jersey with a serious case of bed head. ‘I should have saved my trust fund and gone to Penn.’
‘Okay, people, time out.’ Stein rapped her knuckles against the tabletop to call the class to order. ‘Let’s get back to the original question.’
Megan wished she had a dollar for every time Dr. Stein had taken them ‘back to the original question’. The woman no doubt knew her shit, but she had to stop treating these morons as intellectual equals. If this group could be trusted with the amount of guidance provided by the original question, they wouldn’t be talking about Hitler, the mentally disabled, and a television show about island castaways.
She finally caved to temptation and opened Internet Explorer on her laptop. Almost all of the university’s buildings were equipped with wireless Internet access, but a serious professor like Dr. Stein certainly expected her students to refrain from partaking during class time. Barely veiled surfing ran rampant, however, and to Megan it was no surprise. The university’s current regime was, in her view, no different from cutting lines of cocaine on the desktop in front of addicts and telling them not to snort.
She moved her right hand onto the laptop’s mouse pad and checked her Gmail account while making a point of periodically looking up from her screen to deliver a pensive nod. From there, it was on to Perez Hilton’s site for the celebrity gossip. Then to Facebook, where it was her turn in the Scrabble game she was playing with Courtney. She knew that at some point Courtney’s decision not to attend NYU would cut back on their socializing, but for now they remained in daily online contact.
Megan noticed that her neighbor with the bed head was eyeballing her computer screen. She was about to deliver her best warning glare when he nudged his notebook an inch in her direction.
Beneath a series of doodled boxes and circles, he had jotted, ‘You missed HAYSEED for a bingo.’
She turned to her game and confirmed the mistake. Switching the laptop back to her blank class notes, she typed a sad face – a colon, followed by a dash and a left parenthesis.
Her neighbor scribbled another note: ‘campusjuice. com.’
Megan clicked back to her browser, typed the Web site name into the address bar, and gently hit the enter key. ‘Campus Juice.’ White bubble letters against an orange background, followed by a slogan that said it all: ‘All the Juice, Always Anonymous.’
In the middle of the screen was a text box, labeled ‘Choose Your Campus.’
Megan typed in NYU and hit enter. Up came a message board consisting of a list of posts, each with its own subject title.
Craziest Person in Your Dorm
WTF?!: Did Brandon Saltzburg drop out?
Freshman Fifteen (Plus Another Fifteen)
Who’s Sluttier: Kelly Gotleib or Jenny Huntsman?
Hottest profs.
I’ve got a sex tape
Michael Stuart gave me the clap
Megan dropped her right hand beneath the seminar table and flashed a thumbs-up at her neighbor, who doodled an exclamation point in the margin of his notebook.
She clicked on the link to pull up the thread concerning Michael Stuart and his supposed STD. The message had been posted an hour earlier, and two people had already responded – one alleging that Stuart lived in her dorm and was a rampant meth fiend, the other claiming to be Michael Stuart himself with some not-so-kind words about the original poster’s cottage cheese thighs.
Megan scrolled through the next three pages of posts. The entire site was devoted to on-campus gossip, insults, and attacks – all naming real names, and yet capable of being posted with complete anonymity if the author so chose.
She had just finished perusing one of the more respectable threads – speculation about the identity of this year’s commencement speaker – when the title of another post grabbed her attention.
She stared at the two words on the screen:
Megan Gunther.
Moving the cursor to the hyperlink, she could not bring herself to click on the text. Something inside of her – whatever instincts humans possess for emotional self-preservation – told her that one click would change everything. She didn’t want to read whatever had been written there for the entire world to see.
Megan jerked at the sound of a book being dropped on the table. She looked up to see Ellen Stein’s eyes directed at her, along with nineteen younger, conspiratorial faces smirking at her embarrassment.
‘I’m sorry, Ms. Gunther. Are we interrupting your computer research?’
Chapter Five (#ulink_0078b55f-e324-5b0b-84bf-3fe6f2427260)
Noon
Ellie had barely made her way from the witness chair to her seat on a bench behind Max Donovan before Judge Bandon opened the floor to argument. As Ellie had predicted, and as Max had warned, Sparks’s lawyer was casting her as some kind of rogue cop on a single-minded anti-Sparks mission: Mark Fuhrman in the O J Simpson trial minus the race stuff.
The lawyer’s name was Ramon Guerrero. According to Max, Guerrero was a hard-line anticommunist from Miami who had first applied to law school to help other Cubans apply for political asylum but, as lawyers often do, had since forged another – and more lucrative – path. Now he was one of the few corner-office partners at a five-hundred-plus-attorney law firm who had actual trial experience. He was the charismatic guy the eggheads brought in when the documents had been reviewed, briefs had been filed, depositions were over, and it was time to talk to a judge or a jury.
And on this particular afternoon he found himself in Paul Bandon’s courtroom, demonizing Ellie Hatcher.
‘Your Honor, the only reason the NYPD hasn’t made more progress investigating the tragic murder of Mr. Mancini is that the lead detectives, most notably Detective Hatcher, decided early on that wherever Sam Sparks appears, Sam Sparks must be the story. Rather than fully investigate the possibility that someone out there wanted to see Robert Mancini dead – someone violent, someone who’s still at large – they want to pursue a fishing expedition through confidential business and financial records.’
‘With all due respect to Mr. Guerrero,’ Donovan said, rising from counsel’s chair, ‘this is not the kind of contractual dispute that he and Mr. Sparks are used to dealing with. This is a murder investigation. And, as you and I both know from the myriad of murder cases we have seen, murder victims – and the people close to them – lose their privacy as a result of the violence directed against them. You have signed countless search warrants for victims’ homes, offices, cars…’
As Donovan continued to hammer away at the list, Ellie’s gaze shifted from the Bic Rollerball braced in his hand to Guerrero’s Montblanc. ‘Police pore over every document and cookie stored inside a victim’s computer. We review every bank record, phone log, and credit card bill. And it’s all a matter of routine, Your Honor. We’re only here because Sam Sparks is…well, he’s Sam Sparks.’
‘The problem with your analysis, Mr. Donovan, is that Sam Sparks was not the victim of this crime. Robert Mancini was.’
‘Sparks was a victim, Your Honor. It was his eight-million-dollar apartment that was stormed into. It was his apartment that was riddled with bullet holes.’
‘But it was not his body in the bed,’ Judge Bandon replied.
‘No, but the police believe it was intended to be.’
‘Precisely. That is what the police believe. And usually when we talk about what the police believe, we subject that belief to a standard of probable cause. I don’t see probable cause to search through the personal records of Sam Sparks.’
‘Exactly,’ Guerrero chimed in.
‘But, Your Honor, Mr. Sparks is not a suspect. If that’s his concern, we can work out an immunity agreement to placate Mr. Guerrero.’
‘Immunity?’ Guerrero asked. ‘Immunity? The last thing Sam Sparks needs is for some newspaper to report that he has received immunity in a murder case. As the police themselves have acknowledged, he had nothing to do with the events at his apartment on May 27. Because he’s at no risk of criminal charges for those events, immunity from prosecution is worthless to him.’ Guerrero pressed his weight into his hands on counsel table and leaned forward for emphasis. ‘The government fails to appreciate the importance of public opinion and the privacy of information to Sam Sparks’s significant net worth. His real estate holdings are valuable, yes. But as we all know, the real value to the industry that is Sam Sparks lies in his reputation as a businessman. The fact that someone was shot at one of his properties is not great PR. But if the police are actually investigating Mr. Sparks – even as a potential target – then, before you know it, people are speculating about improperly financed debt, the Mafia…who knows what? And of course the risks of disclosure of information regarding pending deals cannot be understated in this kind of market.’
Ellie found herself tiring of the invest-in-Sam-Sparks-for-your-future sales presentation and began doodling on the notepad she had removed from her purse. She let her gaze move to the left, where the head of what Sparks Industries called its Corporate Security Division, Nick Dillon, sat on a bench behind Sparks and Guerrero.
Before Dillon was associated with either Sparks or Mancini, he’d been a member of the NYPD. After a stint working for a private military contractor, he’d moved on to Sparks. Now he was one of those lucky former cops who collected both a city pension and a private paycheck. Dillon had been Mancini’s immediate supervisor. He had also been his friend.
Ellie and Rogan had spoken to Dillon at least once a week since that initial callout four months earlier. He had done his best to play mediator, but they’d nevertheless wound up here in court. Dillon nodded along with Guerrero’s argument, but Ellie knew from earlier conversations that Dillon would like nothing more than to elbow his boss in the throat for his refusal to cooperate with the police. She liked the image.
‘Your Honor,’ Max protested, ‘counsel’s argument assumes that any information disclosed as part of this investigation will become public. The suggestion is an insult to the fine detectives who have worked –’
‘Which brings us back to Detective Hatcher,’ Guerrero jumped in. ‘Our background information shows that in the short time she’s been in the homicide division, her name has appeared in forty-nine newspaper articles in a LexisNexis search. Prior to that, she granted various interviews to outlets like People magazine and Dateline NBC about her own family background –’
Ellie looked up abruptly from her notepad. Dillon glanced over with a barely perceptible shrug. The thought of his coaster-sized elbow crushing Sparks’s windpipe was growing more appealing by the second.
‘Counsel’s comments are wholly inappropriate,’ Max said.
Complete and utter bullshit. She continued to scribble as she listened to her boyfriend’s voice rise half an octave. ‘Two of the NYPD’s biggest collars in the last year. A Police Combat Cross for rescuing another officer in the line of duty. Personal interviews granted only at her peril and only to help her mother, who was widowed in Kansas when –’
Judge Bandon cut him off. ‘I’ve been known to read the occasional People magazine myself. I’m familiar with the circumstances of her father’s death.’
‘My point,’ Guerrero continued, ‘is that Detective Hatcher is relatively inexperienced, and although she has created quite a record for herself in a short period of time, she also has a knack for finding herself in the public eye. She also made it clear with her outrageous arrest of my client that she has a personal grudge against him.’
‘I would hardly call it an arrest,’ Max argued. ‘She placed him in loosened handcuffs after he twice disobeyed a request that he leave the crime scene. Once he was out of the apartment and in the hallway, she immediately removed the cuffs and gave Mr. Sparks another opportunity to stay out of the way, which he wisely took advantage of. Any other citizen in the same situation would have spent the night in Central Booking.’
Judge Bandon cut him off. ‘Are you seriously suggesting that Mr. Sparks should be treated just like any ordinary citizen?’
Max had warned Ellie that Judge Bandon might be starstruck by Sparks, but she had never imagined that she would hear a judge admit on open record the favoritism shown to the rich and powerful. She turned to glance at Genna Walsh, who was shaking her head in disgust.
‘What I mean to say,’ the judge said, catching himself, ‘is that Mr. Sparks was at that point known to Detective Hatcher, both as the owner of the property in question and as a respected member of this community. Those considerations would appear to undercut her decision to arrest him, however briefly. I must admit, I am troubled by what I see here.’
‘As well you should be,’ Guerrero added. ‘That same obsession with Mr. Sparks that caused her to jump the gun on that first night has distorted this investigation from the outset. Your Honor, we are outsiders to this investigation, and even we are aware of at least two far more credible theories as to motive for Robert Mancini’s murder.’
Guerrero ticked off his theories on two stubby fingers. ‘First, the police still – four months after the murder – have not identified the woman who by all appearances had sexual relations with the victim prior to the murder. Second, and separately, we have recently learned that the NYPD is conducting a drug investigation of the apartment directly next door to the apartment where this murder occurred.’
The movement of Ellie’s pen against her notebook stopped.
‘Could this have been a home invasion at the wrong address?’ Guerrero continued. ‘Have the police looked into that possibility?’
Home invasions were often the m.o. of choice in drug-related robberies, so one of the first steps she and Rogan had taken was to look into the possibility of a mistaken entry. Immediately after the murder, she had personally checked the department’s database of ongoing drug investigations. They even reached out to Narcotics to be certain. They found no addresses that might have been confused with Sparks’s apartment, let alone one on the very same floor.
‘With these two very important unanswered questions, Your Honor, it strikes us as quite audacious indeed for the police and the district attorney’s office to stand here demanding private information from my client as part of a fishing expedition while a killer runs free.’
‘I don’t like it either,’ Judge Bandon said, settling back into his overstuffed leather-backed chair. ‘The court is granting Mr. Sparks’s motion to quash the state’s subpoena –’
‘But, Your Honor –’
‘I’ve heard enough, Mr. Donovan. Interrupt me again, and there will be consequences. Under Zurcher v. Stanford Daily, the prosecution does have a right to obtain evidence from nonsuspect third parties, but only upon a showing of probable cause that the party has actual evidence to be found. There has been no such showing here. A written order will follow.’
Max lowered his head momentarily before he began packing his hearing materials into a brown leather briefcase. It was a subtle movement, but Ellie noticed. He was disappointed, and not merely about the court’s ruling. He’d warned her that morning that their chances weren’t good. But that small motion revealed a worry that he had let her down.
He glanced over his shoulder in her direction. His brown curly hair was bushier than usual; for a week he’d been trying to find time for a trim. His gray eyes looked tired, but when she lifted her chin toward him and winked, they smiled back at her.
The private exchange did not last long.
‘Your Honor!’ Guerrero’s exclamation was quickly followed by an audible sucking of air from Sam Sparks. They were both staring at her notebook, still open on her lap beneath her pen.
