Chapter 14

 

  “I really don’t see why it was necessary to drag us out of bed in the wee hours of the morning. It isn’t like the guy was going anywhere with all of those bullet holes in him. It could’ve waited a couple of hours,” Briscoe grumbled, rubbing his face tiredly.

  Green yawned and nodded. “I guess they wanted to clean up the crime scene before the commuters started stirring.” He glanced over his shoulder and switched lanes. “It would’ve been worth it to get out of bed that early if we had actually been able to find someone who wasn’t deaf, dumb, and blind. You’d think someone who lived in the apartment complex where he was killed would’ve heard six gunshots at 2:00 in the morning.”

  “The motto of urban life: Mind your own business. It wouldn’t have mattered if anyone had heard or seen something. No one would’ve talked any… Hey!” Briscoe exclaimed as Green suddenly swerved to the right. “What are you doing, trying to give me whiplash?”

  Pulling over to the curb abruptly and stopping, Green pointed to the building beside them. “This is the Canal Street Post Office.”

  “Yeah. So?”

  Pointing behind them, Green asked, “Doesn’t that vendor with the coffee cart look like a Hispanic woman in her forties or fifties?”

  “And again I ask, so?” Briscoe queried with annoyance.

  “Don’t you remember what Eric Fisher said when we first interrogated him? He said he mailed a letter at the Canal Street Post Office on the morning Corinna Braden was murdered and stopped at a vendor cart for coffee sometime between 4:00 and 5:00.” He indicated the clock set into the dashboard. “It’s 4:50.”

  Briscoe looked over his shoulder at the woman. “Son of a…” He shook his head. “It can’t be. We’ve been by here half a dozen times since we picked Fisher up and she’s never been there. If it turns out he was telling the truth…”

  “Before we get worked up over what could be nothing, let’s go talk to her. Fisher still could’ve been lying.”

  As they got out of the cruiser, Briscoe noted, “We’d better hope he was lying. Otherwise, our asses are grass. I’d just as soon shoot myself as tell McCoy that we’ve confirmed Fisher’s alibi, especially since I assured him before the trial began that it was bogus.”  

  “Don’t give yourself an ulcer, Lennie. Let’s just see what the woman has to say.”

***When McCoy exited the elevator and headed toward his office, he was met immediately by Briscoe, who had been waiting beside the receptionist’s desk.

  “Counselor, can I have a word with you?”

  McCoy looked at him suspiciously. It wasn’t often that Briscoe asked permission for anything.

  “Sure,” he agreed warily. “Come to my office.”

  Once they had made their way down the hall and entered his office, McCoy turned on the lights, placed his motorcycle helmet on the credenza, and dropped his briefcase onto his desk. Facing Briscoe, he asked, “What’s up?”

  “It’s about Fisher’s alibi.”

  McCoy’s eyes met Briscoe’s with searing intensity. “What about it?”

  “Early this morning, Ed and I were called to a crime scene about four blocks from the Canal Street Post Office. Afterwards, when we were on our way to the station house, we spotted a woman selling coffee and muffins by the Post Office. She fit the general description that Fisher gave of the woman he claimed could provide him with an alibi.”

  Not wanting to hear the bad news that Briscoe was surely going to give him, McCoy closed his eyes and prompted, “And?”

  “We stopped and talked to her. Her name is Mrs. Lopez and it seems she’s been in El Salvador for the past two and a half months visiting family. She left on the sixth, the day after Corinna Braden was killed, and got back just this week. When we asked if she remembered having a conversation with a man on the morning of the murder, she said she didn’t. We took her down to the station and had her look at a photo array with Fisher’s picture included, to be on the safe side. She didn’t recognize him.”

  Leaning back against his desk, McCoy asked, “Are you sure?”

  “We’re sure. Ed and I figure Fisher saw the woman some other morning and just used the first thing that popped into his head during the interrogation.”

  Breathing a sigh of relief, McCoy said, “You’re probably right. He may even have spoken to her at some other time.”

  Briscoe paused for a few seconds before saying, “Look, I was wondering what we could do to make sure this information doesn’t fall into the wrong hands. I’d hate to see somebody put an idea into this poor woman’s head to cause her to suddenly remember something that never happened.”

  McCoy studied the other man carefully, knowing full well what he was asking. “You mean, is this information exculpatory and are we obligated to share it with the defense?”

  “Yeah, I guess that’s what I want to know.”

  Standing up and making his way around to the other side of his desk, McCoy answered matter-of-factly, “What’s there to tell? The woman couldn’t identify Fisher. You thoroughly investigated his alibi and found it to be a lie. Case closed.”

  Briscoe nodded as McCoy sat down. “That’s what I was thinking, too. I just wanted to make sure the law was on our side here.”

  “It is,” McCoy assured him. “I’m glad you checked with me, Detective.”

  “So am I,” Briscoe agreed. As he turned to leave, he smiled and added, “Have a nice day, Counselor.”

***“Mr. Julian, what kind of employee is Eric?” Morgan asked.

  The man sitting in the witness box answered, “He’s an asset to our company. He’s a hard worker and is always thoughtful with the customers. He comes to work on time and doesn’t ask for extra time off. When I put him on the schedule, I can rely on him to work his shift.”

  Morgan walked back to the defense table and picked up a piece of paper. “I would like to enter into evidence defense exhibit A.”

  “So noted,” Ianello said.

  Walking back to the witness stand, Morgan handed it to Julian. “Can you tell the court what this is?”

  The man scanned the paper briefly and nodded. “It’s a copy of Eric’s time card.”

  “Would you please read the highlighted date stamped on it?”

  “It’s for May fifth of this year.”

  “And what time did he clock in on that date?”

  “The time stamped on it is 5:30 a.m.

  “And is that the time he was scheduled to arrive at work on the date in question?”

  “Yes, it is.”

  “Just one more thing, Mr. Julian. You mentioned that Eric is a hard worker. Does that mean you still consider him an employee?”

  “Yes, I do. His job will be waiting for him as soon as he’s able to return.”

  “Even with the accusations he’s facing?”

  “Yes. I don’t believe they’re true and I’m certain he’ll be exonerated. Eric simply isn’t capable of doing what he’s been accused of. In all the time I’ve known him, I’ve never seen him so much as raise his voice, even when dealing with an irate customer. He’s a kind, courteous person who would never do anything to harm anyone. This is all some sort of horrible mistake.”

  “Thank you, Mr. Julian.”

  McCoy stood up and made his way to the witness box while Morgan handed the time card to the clerk.

  “Did you actually see the defendant punch in at 5:30 a.m. on the morning in question?”

  “No,” he admitted, “I didn’t. I arrived at work later that morning.”

  “Would it be possible for another person to punch in on an employee’s time card?”

  “We keep the time cards and clock in the employees’ break room. No one other than an employee is allowed into that area.”

  “Would be possible for another employee to punch in for someone else?”

  “Yes, I suppose it would be possible, but we haven’t had a problem with anyone doing that. It’s against company policy and anyone caught doing so is subject to immediate termination.”

  McCoy smiled slightly and nodded. “If they get caught. No further questions.” 

***“Jack?” Southerlyn queried as they exited the elevator in the parking garage of One Hogan Place.

  He turned to look at her blankly. “Did you say something?”

  “Yes. I said I’m glad it’s the weekend,” she replied. “I know I need a break and, judging by your lack of attentiveness, I’d say you could use one, too.”

  “I guess we all do,” McCoy concurred.

  “Where were you, anyway? You seemed as if you were a thousand miles away.”

  He shook his head as he walked with her between the rows of vehicles. “I was just thinking about something. It isn’t important.”

  “Well that’s the second time I’ve had to call you back to earth. I’m beginning to get a complex,” she noted.

  “Sorry. It doesn’t have anything to do with the company I’m keeping,” he assured her with a slight smile. 

  “Well that’s good to know. Speaking of breaks, when do you think Morgan will be ready for closing arguments?”

  “Since she only has Mrs. Johnson left on her witness list, I’m sure she’ll finish on Monday and be ready to close afterwards.”  

  “What do you think our chances are of getting a conviction?”

  “Not great, but we’re not down for the count just yet,” he answered as they came to a stop behind Southerlyn’s car. “Even though she used Fisher’s coworkers today to testify that no one clocked in for him on the day of the murder, as Ed pointed out yesterday he still would’ve had enough time to kill the girl and punch in himself at 5:30. And the one item that Calea hasn’t offered any explanation for is Fisher’s absence from his apartment earlier that morning. I’m sure she’ll question Mrs. Johnson about that and try to get her to change her story, but it’s something the jury is going to be wondering about.”

  “Let’s hope it’s enough to make them vote in our favor. Do you think she’ll put Fisher on the stand to explain his actions and account for his whereabouts?”

  He shrugged. “I don’t know. She’s probably playing it by ear. In her situation, that’s what I’d do.”

  Southerlyn nodded. “Well, I guess I should be getting home.”  She glanced at her car, then back at him. “Do you want to go have a drink somewhere first?”

  McCoy shook his head. “Not this evening. Maybe some other time. I have a couple of errands to run on my way home. Thanks for the offer, though.”

  Southerlyn smiled. “Any time. I’ll see you on Monday, Jack. Have a good weekend.”

  “You, too, Serena.”

  As he made his way to his motorcycle, he waved when she passed him and wished he had taken her up on her offer.

  

Chapter 15