Slow Kill - Michael Mcgarrity [38]
“Make it a perp walk,” Ramona said.
“You’ve got it,” Kerney said. “Good work, Sergeant.”
“Thank you, sir,” Ramona said as she closed her notebook and rose. She hurried out of the office before the pleasure she felt at the chief’s compliment turned into a noticeable blush.
District Attorney Sid Larranaga personally scrutinized carefully any arrest and search warrant affidavits prepared and submitted to his office by Sergeant Pino. He held her partially responsible for mistakes in a homicide case last year that resulted in the deaths of two innocent, mentally ill individuals, one in a totally uncalled-for SWAT gun battle, the other by suicide.
Ignoring Pino, who sat quietly in front of his oak desk, Larranaga read through the affidavits a second time, jotting notes as he went. Because of the complexity of the facts, the suppositions, and jurisdictional issues, he wanted to be absolutely clear that probable cause existed.
He punctuated his last entry on the legal pad with a flourish and looked at Pino. “As far as the arrest affidavits go, you and this Sergeant Lowrey have given me only the possibility of a motive for murder. The rest of it is just an interesting theory regarding opportunity.” He tapped the paperwork with his pen.
Ramona waited a beat before responding. She and Ellie Lowrey had each put in at least three hours of intensive work preparing a strong circumstantial case. “The forensic evidence proves the victim was murdered,” she said, “and both Dean and Claudia Spalding had the opportunity to do it.”
“Yes, but which one?” Larranaga countered, crossing his hands over his belly. “Dean? Possibly. Claudia Spalding? You can’t seriously expect a judge to approve an arrest warrant for Mrs. Spalding based on the fact that she bought perfume at Dean’s pharmacy after picking up her husband’s prescription somewhere else.”
“It establishes a chain of events,” Pino said. “Quite likely Spalding met with Dean to switch the medication.”
“Or Dean could have switched the medication without Mrs. Spalding’s knowledge”—Larranaga shifted his weight in the chair—“at some other time or location. Dean could have been acting on his own. The fact that Dean left Mrs. Spalding alone for a few minutes in the front of the store to do something in the back room doesn’t establish collusion or conspiracy between the two parties. I’m sure if the clerk had seen the actual exchange you would have included it in your affidavit.”
Larranaga brushed a hand over his new-look, swept-back haircut. “Also, you don’t have a strong motive for Mrs. Spalding to plot and carry out the murder of her husband. In fact, I don’t see that you have one at all. She was literally having her cake and eating it too, and she was bound by the amended prenuptial agreement to keep Dean in the dark about it.”
“What about the arrest and search warrants for Dean?” Pino asked.
“Again, a motive for Dean isn’t clearly articulated,” Larranaga said. “Other than noting he was Mrs. Spalding’s lover, you’ve presented nothing that points to an inducement or reason to kill on his part. Was it jealousy? Money? Did he want Spalding dead so he could marry Claudia? Or was he perfectly happy with the affair as it stood? Why hasn’t he been interviewed?”
“Given how the victim was killed and what went into accomplishing the crime,” Ramona said, “I think probable cause has been established that Dean committed murder, and that the evidence to that effect can be found at his house or business.”
“Even with the lack of a clear motive, I agree that it is probable that Dean, with his expertise as a pharmacist, could have done it. That’s why I’m approving the search and arrest affidavits for Dean only. If he confesses and implicates Mrs. Spalding, then your problem is solved, and the California authorities can pick her up without a warrant.”
Larranaga signed the affidavits and Ramona went to find a judge. During a ten-minute wait outside chambers, she called both Sergeant Lowrey and Chief Kerney to give them the news about the