Apathy is grossly undervalued and never there for me when I need it.  I

was already sucked in.  I'd broken up some escort services and

prosecuted a few pimps, but I'd never had a chance to handle a case

like this one.  And, to my mind, with scum like Derringer, it was

better to issue the case and lose than let him walk away up front.

'Alright, let's give it a try,' I said.

Two.

Raymond Johnson was right.  Tommy Garcia should run for office.  Around

nine o'clock, Tim O'Donnell popped into my office to give me a heads up

that Tommy Garcia might be calling about an assault that happened over

the weekend.  I feigned ignorance.  According to O'Donnell, the victim

was a strung-out Old Town Lolita who acted surprised that a trick might

want rough sex.

By ten, O'Donnell told Garcia he didn't care what charges were filed if

someone from DVD agreed to pick it up.  Once I got the word from

Garcia, I called O'Donnell to be sure he was aware I'd be filing

Measure 11 charges against Derringer.  I didn't want him getting ticked

off later.

Oregon joined the growing ranks of 'tough on crime' states a few years

ago when voters passed Ballot Measure 11 by a landslide.  The law

requires mandatory minimum sentences for the most violent felonies. Not

surprisingly, once

Measure 11 defendants figured out they were facing long minimum

sentences upon conviction, whether they pled out or not, they stopped

pleading guilty and started rolling the dice at trial.  As a result,

the DA's office stopped filing charges that fell under Measure 11

unless the bureau's investigation was flawless.  In response, PPB

formed the Major Crimes Team.  The precinct detectives weren't too

happy about what they understandably viewed as a demotion.

In theory, the DA's office chose carefully which cases to file under

Measure 11, because the consequences of a conviction are profound.  But

when it became clear that pissed-off precinct detectives were slacking

on their general felony cases, the DAs started looking for creative

ways to justify filing cases under Measure 11 so MCT would be

responsible for the follow-up.  Once the work was complete, they'd

threaten the defendant with the mandatory minimum sentence in order to

get him to plead guilty to whatever he should've been charged with in

the first place.  And now I had to pretend I was doing exactly that so

a loser like Tim O'Donnell would give up a case he didn't even want.

I could hear laughing in the background when O'Donnell picked up the

phone.  As usual, the rest of the boys in the major crimes unit were

huddled in his office for mid-morning coffee and a round of 'No, I've

got the raunchiest big-tit joke.'

'Hey, Tim.  It's Samantha Kincaid.  You were right.  Garcia did call me

about that Derringer case.  I agree it's a solid Assault Three, but MCT

won't do the follow-up unless we file it under Measure Eleven.'

'Listen, Kincaid, if you want to do the work on it, that's fine with

me.  I don't know why you'd want to.  I talked to the vie at the

hospital she's a white trash junkie liar, no matter what those MCT guys

tell you.  The case is a loser.'

'Yeah, you're probably right, but Garcia seems to think she might be

able to get us some good vice cases.'

'Tell me the truth, Kincaid.  Do you actually give a shit about those

whores?'  More laughter in the background.  I tried to control my anger

as he put the phone on speaker.

'Alright, seriously, you guys.  Who in this room really cares if some

sack teaches a drug addict from Rockwood how to sell it to support her

junkie habit?'  When no one said anything and the guffawing started

again, he said, 'See, Kincaid?  That's why you get all those vice

cases.  Ask me, we should give those guys a medal.  Without them, those

girls would be breaking into houses and stealing to get the money.'

When he realized I wasn't joining in the festivities, he tried to

cover.  'We're just giving you a hard time, Sam.  You know that, right?

Sure you do.  Hey, here's a good one.  What does a Rockwood girl say

right after she loses her virginity?  'Get off me, Daddy, you're

crushing my smokes.'  '

I'd love to be one of those people who could throw off the perfect

zinger.  The kind with the optimal amount of sting, but with enough of

the funny stuff to keep you from looking like a freak.  But in my

experience, those perfect zingers never leap to mind at the right

time.

'Funny, O'Donnell.  Hey, hold on a sec.'  I set the phone down on my

desk and rushed down the hall to his office.  Standing in the doorway,

I could see their wee brains straining to figure out how I could be in

O'Donnell's office and on the phone at the same time.  'There's nothing

funny about the Derringer case, and there's definitely nothing funny

about some guy getting over on his daughter.  You say something like

that to me again, and it'll feel like someone stretched your sad little

ball sack up over that big empty head of yours.'

I stormed back toward my office before I could make things worse.

Behind me, I heard O'Donnell yell out, 'Real nice, Kincaid,' over the

other guys' laughter.  I hadn't meant it to be funny, but if they were

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