Proof Positive (2006) (28 page)

If Cashman lied about the print, he had a motive to attack Paul and steal the hammer.

It gets worse, Kate, Amanda said. I' ve been trying to get around it, but I still keep coming to the conclusion that there's a good chance that Bernie murdered Mary Clark to keep her from talking to Carlos Guzman.

I don't know, Kate said, but Amanda could tell that her friend wasn't rejecting the idea completely. Once you accepted the possibility that Cashman had faked the results in the Hayes case and attacked Paul to steal the evidence of his wrongdoing, it didn't take much imagination to picture the criminalist committing more violent crimes.

Let's assume that Bernie lied when he told the grand jury that he discovered Hayes's print on the hammer, Amanda said. Hayes is executed, the case is closed, and Cashman is safe. Then fate intervenes. Carlos Guzman asks Mary to look through a bunch of closed cases to see if evidence from them can be returned or destroyed. One of the cases is Hayes. She sees that there isn't any fingerprint powder on the hammer or the evidence bag and she gets suspicious. But Bernie is so well respected by everyone Mary included that she doesn't go straight to Guzman. Instead, she confronts him and he kills her. Then he frames Jacob for the murder.

Think about it, Kate. Where were we hung up with Jacob's case? One of our biggest problems was how the bloody T-shirts got in Jacob's car. Who found the T-shirts?

Damn, Kate said.

The killer didn't wait around until Jacob left his car to plant them, Amanda said. He just walked up to the car as bold as brass while he was investigating the killing for the state of Oregon and smeared the shirts with some blood he'd taken from Clark.

For a moment, it looked as though Kate was going to agree with Amanda. Then she frowned.

Your theory only works if Cashman was planning to frame Jacob before he killed Clark. He'd have to have known about Jacob and his mental problems, his hatred of women. He'd have to know where Jacob was living.

And don't forget the pubic hairs. If Cashman framed Jacob, he had to get Cohen's pubic hairs before he murdered Clark so he could plant them on her thigh. How would he do that?

Cashman would have access to Cohen's pubic hairs if there were some in the crime lab evidence locker in the file of his attempted rape case, Baylor said.

And Cashman did know about Jacob, Amanda said.

She told everyone that she'd heard Doug tell Cashman where Jacob lived and his past history with women, after Jacob's acquittal.

What good is this theorizing? Kate said. The hammer and the evidence bag are gone. That photograph isn't enough to prove that Cashman faked evidence in Hayes.

No, Amanda said, but we might be able to prove that he faked evidence in other cases. Paul, do you still have the evidence in Art Prochaska's case at your office?

I haven't sent it back to the crime lab yet.

Good. I want you to look at it again. Assume it was faked. See what you come up with. And while you' re at it, can you check the evidence in Jacob's attempted rape case to see if there were any pubic hairs preserved in the file, and if any are missing?

I might need a court order to see the old file.

Call me if you do. Kate, I want you to look into other cases where Cashman was the criminalist. Maybe you can find an attorney who thought there was something fishy about his testimony or findings.

Will do, the investigator said.

And Kate, Amanda said, I want you to make a few copies of Doug's voice-mail message. It was probably his last call, and it mentions a possible suspect. That makes it evidence in a criminal investigation, and I have to turn a copy over to the police.

I hope we' re wrong about this, Baylor said. Can you imagine the chaos one crooked criminalist can cause? No juror will ever believe a criminalist's testimony again if it becomes public knowledge that criminalists fake evidence or lie under oath about it.

Let's worry about that later. Right now, all I care about is nailing Cashman.

This is the proverbial can of worms, Baylor said.

This is a whole warehouse full of worms. And I'm not just talking about the consequences to the justice system if it turns out that Cashman has been lying in court about forensic evidence. If we' re right, Cashman attacked you, and he killed Doug Weaver and Mary Clark because they were threatening to expose him. That means that we could all be in danger if he finds out that we' re on to him.

Chapter
40.

IT WAS DIFFICULT FOR AMANDA TO CONCENTRATE ON HER WORK after the meeting with Paul and Kate, and time crawled as she waited for news. Frank was in Houston, handling the pretrial motions in a multi-defendant white-collar fraud case. Amanda knew her father. He would grab a quick dinner after court and work all evening with the other defense attorneys. She would have loved to talk over Jacob's case with him, but she knew better than to take up his time when he was in the middle of complex litigation that would demand his full attention.

Paul called a little after three with bad news. Carlos Guzman had let him look at the file in Jacob's attempted rape case. All eight pubic hairs listed on the inventory for the file were present. Paul said he would tell her if he found anything when he went over the evidence in Prochaska's case.

Amanda was disappointed, but she was still convinced that her theory about Cashman was correct. She spent the next hour going over everything she could remember about Cohen's case to see if she could think of a new avenue of investigation. When she glanced at her clock, it was after four. Suddenly, she remembered that she was going out with Mike Greene this evening. It would be nice if her evening out helped her forget Jacob's case, but she didn't hold out much hope.

A friend with a season subscription and a conflicting engagement had given Mike Greene two tickets to the Portland Arts and Lectures series. The speaker had won last year's Pulitzer Prize for her fictional account of a first-generation Asian-American woman growing up in the Midwest. After the lecture, Mike and Amanda had dinner in the Pearl, at an Italian restaurant a few blocks from Amanda's condo.

Mike thought that Amanda seemed distracted all evening, and he was sure of it after watching her eat. Amanda was usually an enthusiastic dinner companion. Tonight, she picked at her meal and turned down dessert a sure sign that something was wrong.

Mike chalked up Amanda's mood to the ambivalence she felt about their relationship. Mike was afraid to tell Amanda how he felt about her, because he didn't know how she would react. They had started dating when she was in the grip of post-traumatic stress disorder caused by her encounter with the Surgeon. It wasn't the best way to begin a relationship, and he was afraid that the problems she had during the time they were seeing each other would always color the way she thought about him. He had been walking on eggs since Amanda had agreed to go out with him again.

After they finished eating, Mike walked Amanda to her condo and was pleasantly surprised when she invited him in for an after-dinner drink. He settled on the couch while Amanda took a bottle of ice wine out of the freezer and poured them each a glass. After Mike took a sip, he read the label and saw that it came from a local vineyard.

This is delicious. I'm going to get a few bottles.

I thought you'd like it, Amanda said, but she wasn't smiling and she looked very tense.

Mike decided to take a chance. Is something bothering you?

Amanda hesitated. She wanted to talk to Mike about Cashman, but he was the prosecutor who was representing the state in Prochaska.

Does it have to do with us? Mike asked, trying hard to mask his anxiety.

Amanda shook her head. No, Mike. I' ve really enjoyed going out with you again.

Mike's shoulders, which had hunched from tension, sagged with relief, but Amanda was too preoccupied to notice.

Then what's going on? Mike asked.

Now was the moment to ask for Mike's help, but Amanda hesitated. She was certain that Mike would help her if she asked, because he cared for her; but if she didn't care for him, she would be using him.

Amanda thought about Toby Brooks. They'd had fun together, and great sex at times, but she had never felt a real connection with Toby after the initial thrill of their first few dates had worn off. She had always felt a connection with Mike. She didn't have to dress up or playact for Mike. He'd seen her at her worst and he still cared. She could be natural with Mike. The bottom line was that she could get along without him, but she didn't want to. She wanted him in her life; she wanted him with her forever.

Something's happened in one of my cases, Amanda said.

Do you want to talk about it? I'm a pretty good listener, Mike said.

I don't know. It might put you in a funny position.

Why is that?

It involves a case you' re handling.

Why don't you start talking? If I think we' re getting into dangerous territory I'll tell you.

Amanda made a decision. Mike was one of the smartest people she knew, and he'd be coming at the problem fresh. Maybe she was wrong about Cashman. There were no pubic hairs missing from the old file, and they couldn't be one hundred percent certain that there was no fingerprint powder on the hammer, now that it was gone. Mike might be able to point out where she'd gone off track. And if he agreed with her, it would help to have a prosecutor on her side.

I'll be right back, Amanda said.

She found her cassette player and placed it on the coffee table in front of Mike.

You know who Doug Weaver is, right?

Yeah, Mike answered with a sad shake of his head. I heard about it this morning.

And you know Doug and I were co-counseling the Jacob Cohen case?

Mike nodded.

Doug left this voice-mail message for me late last night. It was probably the last call he made before he was killed.

Have you given a copy to the police?

Kate ran one over this afternoon. I already talked to the detective who's working the case.

Good.

I want you to hear the call.

Mike's brow furrowed as he listened to Doug's voice-mail message. He shook his head after Amanda replayed it at his request.

This doesn't mean a thing to me, but I'm guessing it does to you.

Amanda gave him a rough outline of Hannah Graves's case against Jacob Cohen.

It sounds like your boy's goose is cooked, Mike said.

I don't think he's guilty.

Are Weaver's murder and this tape connected to Cohen?

Amanda nodded. I think there's a possibility that Bernard Cashman murdered Mary Clark and framed Jacob.

Mike's eyes went wide. You' re shitting me, right?

I wish I was.

Amanda told Mike about the hammer Kate Ross and Paul Baylor had found in Mary Clark's car and about the conclusions they'd drawn. The deputy DA was totally focused during Amanda's recitation. When she finished, Mike didn't look convinced.

You realize you don't have a shred of evidence that Cashman is guilty of any of this. You don't have the hammer; you don't have any proof that Cashman attacked Paul Baylor or Mary Clark or Doug Weaver.

Doug specifically mentions Cashman on the tape, Amanda said, trying not to sound desperate.

How could I get that tape into evidence? It's hearsay. And even if the jury heard the tape, Weaver doesn't say a thing about Cashman that any reasonable juror could conclude is an accusation of guilt. What he does say is that he's had a spooky nightmare about snow. Last time I looked, dreams weren't admissible to prove guilt.

I know he did it, Mike.

Hey, I know lots of people who' ve committed crimes and are walking around because we don't have the evidence to arrest them. And Cashman isn't one of them. I'm sorry. I just don't buy this.

Would you pursue Cashman if we could prove that he fixed other cases?

Do you have a specific case in mind?

Paul Baylor is taking a look at the evidence in the Vincent Ballard murder.

Mike shook his head. Prochaska's guilty as sin, Amanda. We' ve got him cold.

That's only because Cashman says that he found Art's thumbprint on a beer can in the murdered man's motel room and because he says that the bullet that killed Ballard matches a bullet from Art's closet. If Cashman lied about the evidence you have no case.

Frank had Paul Baylor double-check that evidence, didn't he?

You know I can't answer that.

That's what I thought.

If I tell you something will you swear you won't use it?

Damn it, Amanda, I don't like this.

Do you think I'd ever do anything to hurt you or compromise one of your cases?

Mike was in love with Amanda. When you loved someone, you trusted her. The fact that she trusted him enough to confide in him meant a lot to Mike.

Go ahead, he said.

Art swears that he was never in Ballard's room, and Frank believes him.

Mike laughed. If Prochaska swears he's innocent that's enough for me. He's the most honest homicidal drug dealer I know.