State’s Evidence

  State’s Evidence

  A John Marshall Tanner Mystery

  Stephen Greenleaf

  MYSTERIOUSPRESS.COM

  for Aaron

  1

  The building was broad and squat and thick, designed to house a substance that was heavy and unwieldy and potentially hazardous, as dense and inert as the granite blocks that had been quarried to contain it. Form followed function, for the substance that eddied and bubbled within the building was Justice, and the steps I was climbing had been worn concave by the footfalls of the convicts and petitioners, litigants and constituents, who had marched toward that abstraction over the years. Unless I missed my guess, most had gone up the steps a lot faster than they’d come down.

  The fluted columns flanking the iron doors were nicked and gouged from errant bullets fired during an attempt to assassinate a governor at the end of the previous century. Atop the columns the Corinthian capitals bore protrusions that resembled tongues more than acanthus leaves. The words “El Gordo City Hall” had been chiseled into the architrave, deep, immutable, forbidding, but splashed with pigeon droppings all the same. Like the building itself, the city of El Gordo was old and tough, without pretense or allure, decades past its prime. I felt a bit that way myself.

  I buried my cigarette in the sand urn next to the door and pushed my way into the municipal gloom of the interior. A dyspeptic elevator with an operator to match raised me to the third floor. Along the way I muttered unrequited words about the weather. The only other passenger had the look of a lawyer who specialized in champerty.

  The girl behind the desk behind the door marked Wilson P. Ridges, District Attorney, nodded after I told her my name and told me to go on back, second door on the right. Then she plucked a crumb of tobacco off her tongue. I followed my nose and came to an office with an open door, a ceiling fan, and two men in it.

  Like the fan, the men were motionless, waiting for whatever it was I was bringing them. They were seated on either side of an oak desk piled high with manila file folders, open law books, and teeming ashtrays. The walls of the room were lined with Pacific Reporters and Federal Supplements and the floor was covered with green and white linoleum, which sagged ominously as I crossed it. The desk and its cargo were dotted, as if by the droppings from some great bird, by a score of tea bags in various stages of dampness.

  When he saw me, the man on the far side of the desk stood to shake my hand. His movements were measured and precise, the acts of a man accustomed to being watched and judged. His hand was puffy but hard, and skillfully used.

  He introduced himself as Ray Tolson, the Chief Trial Deputy to the El Gordo District Attorney, then released my fingers. He was short and stout, half-blond and half-bald. His face wore the open, almost addled, look of a clergyman or a politician on the top of his game. His eyes were perched directly atop his cheeks, emerging from their lairs like young and eager marsupials. Two wide red suspenders were visible between his vest and his belt, and a plaid coat embraced the back of the chair he had vacated.

  Tolson thanked me for driving down from the city.

  “Always happy to call on someone with the subpoena power,” I said.

  He laughed with a bursting bubble of sound and asked me to sit in the only empty chair in the room. On my way to it I looked at the other man. He didn’t move and didn’t speak, but if I’d had a facial tic he would have already noticed it. As I tried to get comfortable in the cracked and creaking leather, Tolson pressed a button and asked someone on the other end of the wire to bring three coffees. For some reason, I envisioned them arriving in tin cups.

  “We’ve got ourselves a little problem down here, Mr. Tanner,” Tolson said laconically, after the coffees arrived. “We’re hoping you can help us out.”

  Which meant we were already on new ground. Usually when a district attorney invites me by for a chat the problem is mine, because someone has complained about the way I’ve gone about my business and the Bureau of Collection and Investigative Services has asked the local authorities to look into it. So far it’s never gotten beyond the chatting stage, and if they keep cutting the bureau’s budget that’s as far as it will ever get. I settled back in the chair and asked Tolson to tell me his troubles.

  “First, I’d better ask if you have any objections to working for the prosecution. I know you’re usually on the other side.”

  “No objection,” I said. “Not at this point. If it involves manufacturing evidence, though, you’ll be wasting your time. And your money.”

  “That doesn’t happen.”

  “The hell it doesn’t. It’s happening right now in a drug case over in the East Bay and you know it.”

  “Well, it doesn’t happen in this office.”

  I smiled. “The way I hear it this office doesn’t manufacture evidence, it just loses it.”

  “What do you mean by that?”

  “Let’s just say that the word is there are things for sale in El Gordo you can’t find in the Yellow Pages.”

  It made Tolson angry, more angry than I thought it would. His fair complexion became flushed and piebald. He opened his mouth to defend himself or his profession or his ontology or something, but just then a young woman stuck her head through the doorway. “Bernstein says his man will cop to aggravated assault, with two years’ probation,” she said with a twinkle in her eye.

  “I told you and I told him,” Tolson growled. “No deal that doesn’t include jail time. If he was in custody now, it’d be different. I don’t like knives,” he added by way of explanation.

  The woman smiled and nodded and disappeared. Tolson ran a hand through his thinning hair and looked back at me. “You worked a case down here a few years ago, didn’t you, Tanner?”

  I nodded. “The Abbott case.”

  “Truckers being extorted by lumpers, wasn’t it? Had to pay to have their rigs unloaded whether they wanted to or not? Or the cargo would be trashed?”

  “That’s about it.”

  “I hear you did a good job.”

  “They paid my fee.”

  “You were the main witness for the U.S. Attorney, right?”

  “Right. Is your problem anything like that one?”

  “Why?”

  “Because after the trial a guy with a face like an elbow followed me around for a month.”

  “What happened?”

  “In his spare time he beat up a guy in a bar somewhere down here. The guy’s friends looked him up a few days later and stuck a screwdriver in his eye.”

  Tolson smiled sadly. “I guess you learned a little about the town while you were here, huh?”

  “More than enough.”

  “That was four years ago, right? Well, the town is changing,” Tolson declared firmly. “It’s not the way it was.”

  “Good,” I said. “I guess that means if I talk to the bartender across the street he’ll tell me he’s stopped paying protection money to keep his windows from being broken and paying kickbacks to keep his liquor supply current and his jukebox working. I guess that means there aren’t more prostitutes per square mile in El Gordo than in any other city on the Bay. And I guess that means the mayor has stopped getting thirty grand a year as a consultant to the Association of Retail Merchants.”

  Tolson held up a hand. “Okay, okay. I didn’t say it was Disneyland; I just said it was getting better. We’ve got some good young cops who know how to build a case and we’ve got some prosecutors who are willing to take anything or anyone to trial, no matter who puts pressure on them.”

  “Namely, you,” I said.

  “Namely, me.” Tolson’s smile was almost but not quite as confident as his words.

  “You’re going to be the man who cleans up El Gordo, is that it?” I asked. �
��Is that why I’m here, to play Sancho Panza in the El Gordo Community Playhouse? Or is it Doc Holliday?”

  Tolson curled his lips inward until they disappeared, then shook his head. “It’s nothing like that,” he said. “It’s just a little case that’s all too symbolic of what’s been wrong down here and how it’s going to be different from now on.”

  “What kind of case?”

  “Hit and run.”

  “Who got hit?”

  “Nobody special. Some guy who works in the county clerk’s office over in Oakland. Filed papers all day or something. Had a wife at home and a kid in the Navy.”

  “So who hit him?”

  “A man named Fluto. Tony Fluto. Ever hear of him?”

  “Nope. Should I?”

  “Not really. He’s been around El Gordo a long time. He and his son run a big paint contracting business on the East Side. They do pretty well, drive big cars, own big houses, wear big diamonds, drop big names. Wired politically and socially as well.”

  “Okay, so this guy Fluto hit and ran. Where do I fit in?”

  Tolson sighed heavily and leaned back in his chair and put his heels on the corner of the desk and clasped his hands behind his head. Directly behind him the royal blue spines of Corpus Juris Secundum rose in tiers of precise if obsolescent sovereignty. The disembodied drone of trucks floated off U.S. 101 and seeped through the stone and glass of City Hall.

  Tolson was an old thirty or a young forty, most likely the latter. To have reached the level of Chief Trial Deputy he must have been good with a jury and even better with fawning publicly over his superior, the DA. If he ran to form, though, right about now he would be spending his nights talking to fat cats about financing a campaign to knock off his boss in the next election and his days listening to lawyers in private practice tell him that, despite mountains of evidence to the contrary, you really could make a good living doing criminal defense work in a place like El Gordo. In the meantime, Tolson would be doing what all DA’s do, deciding who to prosecute and who not to, what charge to file, what plea to accept, what punishment to recommend, what sentence to stipulate, dispensing more justice in a day than anyone else in the county would dish out in a month.

  Tolson lit a thick cigar. I glanced briefly and curiously at the other man.

  He was still perched on the edge of his chair, feet on floor, palms on patellae, back as straight as a plebe’s. His eyes locked on mine. They were sterile and ascetic, the eyes of an accountant or an undertaker. His black hair was trimmed short above the ears and combed straight and flat across his scalp in rigid, oiled furrows. His suit was blue and came in three pressed pieces. Chalk stripes cut through each of them, like the lines on a Big Chief tablet. A gold chain swung across the flat plane of his abdomen like a streamer at the junior prom. The bauble that dangled from it was a Phi Beta Kappa key or a coke spoon. My guess was the former, but these days you can’t be sure.

  “Tony Fluto is a big wheel in this town,” Tolson said when his cigar was fully fired, “and the guy he ran down was a nobody. In the old days Fluto probably wouldn’t have been arrested, let alone tried. That’s why this case is so important. A conviction will establish that there’s justice for everyone in El Gordo, that this office isn’t for sale, that law enforcement is here to help people, not persecute them.”

  I had to wait for Tolson’s words to quit bouncing off the walls. “What’s that from?” I asked. “The speeches of Cicero or the opinions of Justice Douglas?”

  Tolson ignored my smile. “I have to be a bit fanatical,” he said simply. “Why else would I stay in this job? The pay’s lousy, the facilities stink, and the public despises me. The people I was in law school with are all partners in big law firms, drawing down a hundred grand a year.”

  Tolson’s declaration was a little too absolute and a little too righteous for my comfort. “If it’s so bad, why do you stay?” I asked him.

  “I just want to make a difference,” he said quietly. “I grew up in El Gordo. It was a lousy place then, and it’s not much better now. I want to change that. I want my son to be proud of where he lives, proud enough to want to live here, too.”

  I couldn’t argue with the sentiment. The first thing I remember my father saying to me was to get out of the little town where we lived, that there was nothing there for me. I took his advice. A year later he was dead.

  The phone on the shelf behind Tolson rang once and Tolson picked it up. He listened, then said, “Thanks, honey,” and hung up. I widened my eyes.

  “My wife,” Tolson explained. “I’ve gotten some threats. She calls to tell me my boy has made it to school. Around three she’ll tell me he made it home. I hope.” The expression on his face was strangely apologetic. “Another reason not to do what I’m doing,” he said softly.

  I shot another glance at the second man. He was still mysteriously silent.

  “What’s the program?” I asked Tolson. “This Fluto is a mover and shaker and he ran someone down. Are you planning to unleash me against him willy-nilly or do you have something a little more structured in mind?”

  Tolson grinned briefly, then glanced at the other man. “What I want you to do with Fluto is stay the hell away from him, no matter what. Is that clear?”

  “Yes,” I said. “What’s not clear is why I’ve been sitting here listening to all this.”

  Tolson looked at the other man again, and got the reaction he would have gotten from a stump. I was tempted to throw a book at the guy myself, just to make sure I wasn’t an unwitting participant in a freshman psychology experiment.

  “Exactly seventy-two hours ago,” Tolson explained slowly, “I had Tony Fluto right where I wanted him. His ass was mine. A year in Quentin, for certain. Probably a lot more.”

  The smile on Tolson’s face turned momentarily thin and evil, revealing for just an instant the contamination he had experienced during a decade of work in the El Gordo criminal courts. If his smile was all that had been contaminated, he was luckier than most. I lit a cigarette and Tolson’s smile again became benign, almost paternal. I asked what had happened with Fluto.

  “Back in June Tony had some bad luck. He was driving his Lincoln down on Oswego late on a Sunday, coming home from a visit to his mistress up in Burlingame, is what we figure. Not much going on, fairly light traffic. We think he was alone in the car. As he approached the Ninth Street intersection, a man stepped off the curb and into his path. There was a crosswalk there, and the man was in it, but Fluto must have been going at least fifty in a twenty-five and he hit the guy head on. Killed instantly, but Fluto didn’t know it. He kept driving.”

  “Failure to stop and render aid,” I said, in the words of the statute.

  “At least. Voluntary manslaughter, if I’m as good as I think I am. Maybe more. As far as we can tell, there were three witnesses to the incident. One saw the car, and got the license number, and caught a glimpse of the driver. He picked Fluto out of a lineup. The car was registered to Fluto, by the way, but we’ve never been able to locate it. Fluto claimed it was stolen. The problem is, this witness is a lush. A wino who was between fits at the time. Impeachable as hell.”

  “How about the other two?”

  “One is a kid. About twelve, fourteen, somewhere in there. The lush saw him in the area just before the impact, and gave us a vague description, but we’ve never been able to turn him up. I got through the grand jury with only the lush, mainly because the grand jury indicts whoever I want them to. But the case was as thin as a dime, and Fluto and his lawyer knew it. They spouted off to the press that I was crusading for higher office, abusing the power of my position, all that shit. Pissed me off so much I swore not to dismiss, no matter what. And then I got lucky.”

  “Witness number three,” I prompted.

  “Right. A woman walked in and said she’d seen the whole thing, that she hadn’t wanted to get involved but when she saw what Fluto was saying in the papers, she knew she had to tell us what she’d seen. And suddenly I had a laydo
wn. And Fluto knew it. I had it made.”

  “But you lost your witness,” I said.

  Tolson took two deep breaths, then pinched a nostril between thumb and forefinger. “Three days ago.”

  “You should have had her under surveillance.”

  “Oh, we were surveilling, all right. Bed to bed. Somehow she got out.” Tolson was about to add something, but after a glance at the other man he kept quiet.

  “What’s the best guess?” I asked.

  Tolson shrugged. “It’s the obvious one, of course.”

  “Is Fluto the kind of guy who’d try something like that?”

  “I’m not saying he killed her or anything,” Tolson answered, “but he’s got a lot to lose. He wouldn’t be above scaring the hell out of her, and that’s why we had a guy out there. Of course he could have done it with a phone call, but I think it’s more likely she took off on her own.”

  “Why?”

  “Fear. What else?”

  I could think of about a hundred other reasons a woman might leave home, but it didn’t seem worth mentioning until I knew more about the woman and the home. “Any idea how she left?”

  “Not specifically, but there are ways. We were set up to keep people out, not keep her in.”

  “When was she missed?”

  “Noon. Three days ago. Mr. Blair called and she didn’t answer. Then he called us. We checked it out and she was gone.”

  “What’d you do then?”

  “How do you mean?”

  “I mean did you pull your men off the stakeout or leave them in place?”

  Tolson snorted. “We’re undermanned. We’ve got better things to do than watch an empty house.”

  “If she skipped voluntarily, I’ll bet she just hid, the attic or someplace, and waited for you to leave. You didn’t search the place thoroughly, did you?”

  “Shit.”

  Tolson shook his head and reddened again, then grinned ruefully.

  All this time the thin man had been staring intently at Tolson, as though he expected to hear something he had never heard before. From the expression on his face, Tolson had disappointed him.