Whitefeather had checked in there on the morning after the fire and had just checked out. Apparently he had fled the county and was hiding there. I had her fax me the admissions form-”
Nina’s finger moved to her copy of that form, signed in Wish’s crabbed hand-
“And he had given an emergency name and number of his employer, Paul van Wagoner Investigations. I determined Mr. van Wagoner’s home address-”
Paul whispered, “Ask him how he did that!”
“Shhh!”
“-and my partner and I proceeded immediately to the address in Carmel Knolls, with a CVPD car for backup. I knocked at the door.
“The door was answered by this lady here, Ms. Reilly. She would not let us enter and she returned a minute later with Mr. van Wagoner. They were putting us off, and I became suspicious.”
“Then what happened?”
“I continued to ask if Mr. Whitefeather was in there and finally he came to the door. He was wearing a towel and I saw burns on his arms and legs. He said he would cooperate and had nothing to hide and agreed to come to the station to meet Detective Crockett. Ms. Reilly insisted on coming along and showed me a State Bar card and said she was his lawyer, so I said okay. Mr. Whitefeather was taken to the station with Ms. Reilly following in her vehicle.”
“What happened then?”
“Detective Crockett interviewed the defendant. Then I was called in to place the defendant in custody pursuant to Detective Crockett’s arrest. By then it was almost midnight. I then took the defendant to the jail facility, where he was booked.”
“Thank you. Nothing further.”
“Your witness,” Salas said.
“Good morning, Deputy Grace.” Nina spoke from her place at the table.
“Good morning.” The deputy crossed his legs, maybe to show she didn’t unnerve him at all.
“You were trying to determine the identity of this burn victim found on the ridge?”
“Correct.”
And you assumed it must be Mr. Whitefeather or Mr. Cervantes?”
“Correct.”
“What made you assume it had to be one or the other?”
“Because we had the report that the two of them went up the ridge that night.”
“And so you were also assuming no one else did?”
“Not necessarily. We just had this report on these two.”
“So it’s possible one or more other people were up there?”
“There’s no evidence of that.”
“But it’s possible?”
“Sure.”
“Now, you also assumed Mr. Whitefeather and Mr. Cervantes set the fires, is that correct?”
“That was our working theory. We had a witness report on a previous fire that two men were involved.”
“Did you consider that someone else might have set the fire, and these two young men were trying to catch him?”
“No. We didn’t have any evidence of a third party, as I have stated.”
“Other than a report from some other incident that there might be two men, what evidence do you have that these men set the fire on the ridge?”
“The witness report in the second fire reported that one of the suspects was dropped off on Siesta Court in Carmel Valley Village, which is where Mr. Cervantes lived, which in my mind linked him to at least the second fire. Mr. Cervantes died in the third fire. So he was present. He went with Mr. Whitefeather. I have read Detective Crockett’s report and I am aware that the defendant admitted he was there. Bottom line, it was late at night on a deserted mountain and an arson fire was in progress and the defendant was there. He exhibited burns consistent with flame burns, as if he’d been caught in a wildfire.”
“Any other evidence?”
“Detective Crockett’s interview-”
Jaime intervened. “Your Honor, since Detective Crockett is the next witness, it would be better for him to testify directly regarding additional evidence developed by the Arson Investigation Unit.”
“Counsel?” Salas said.
“Sounds fine to me,” Nina said. “Oh, by the way, Deputy, when you came to Mr. van Wagoner’s door, did you have an arrest warrant?”
“No, ma’am. We only wanted to question-”
“Was I obligated in some way to allow you inside the home?”
“Not legally, ma’am, no.”
“And did Mr. Whitefeather in any way attempt to resist or flee?”
“No, ma’am.”
“And was he in any way uncooperative?”
“No, ma’am. You were the one who was uncooperative. You advised him not to say anything.” Nina heard a ripple of laughter behind her.
“How did you get Mr. van Wagoner’s home address?”
“We have it on file.”
“Now, you said that you got a call from the Las Flores Clinic that Mr. Whitefeather had been hiding there?”
“Yes, ma’am.”
“You assumed he was fleeing police?”
“It was my working theory.”
“How do you know he was hiding?”
“Well, there were plenty of places to get medical treatment closer than fifty miles away.”
“Is the Las Flores Clinic a private clinic?”
“No, ma’am, it’s part of the San Benito County system.”
“Did Mr. Whitefeather use an assumed name?”
“No. He used his real name.”
“Did he use a fake emergency name and number?”
“No, since it led us to him.”
“Did he have genuine injuries?”
“It appeared he did.”
“Is there any indication he stayed unnecessarily long at the clinic?”
“Not that I know of.”
“And as soon as he was discharged, he returned to the county?”
“Yes, ma’am.”
“Is that the usual behavior of a fleeing felon?”
“Objection,” Jaime said. “Calls for a conclusion. Calls for an opinion. Speculation.”
“He can speculate all he wants about why the defendant was on the mountain and why he chose this clinic, but he can’t speculate about the behavior of a fleeing felon?” Nina said.
“I get the point,” Judge Salas said. “Objection overruled. Let’s move it along.”
“Your answer?” Nina said to Deputy Grace.
“No, it’s not what I would expect from a fleeing felon.” Grace was still relaxed. He had told the truth without any fuss, and Nina respected that.
“Thank you, Deputy.”
“No redirect,” Jaime said, and Deputy Grace stepped down.
They took a short recess. Paul was fuming. “On file,” he said. “I guard my home address like El Al guards its ticket counter. No way could they get my address.”
“So that’s why we don’t have many visitors,” Nina said.
“Why didn’t you follow up some more on how he got my address?”
“Because it has nothing to do with this hearing, and it would add a confusing bit to the transcript, and because you can call him and ask him.”
“They’re keeping a file on me, Nina.”
“They’re keeping a file on everybody,” Nina said. “I’m going back in and get ready for Crockett.”
32
“G OOD AFTERNOON, DETECTIVE CROCKETT.”
“Good afternoon.” Jaime had already taken Davy Crockett through the story of Wish’s arrest and interview at the station. Methodically, he had then obtained an outline of the series of arson fires that had occurred, the Cat Lady’s statement about two men, Wish’s burns, and had even attempted to bring in Wish’s juvenile record for setting a fire. Nina had objected, of course, but Judge Salas had absorbed it even as he sustained her objection.
Now it was her turn. The object of all this was to show that Wish’s actions and statements were consistent with innocence, and that Coyote had also been on the mountain.
“Now, Mr. Whitefeather told you at the interview that Danny was only trying to stop the fires?”
“That’s about all he said, yes. You advised him to remain silent but he did say that, in addition to admitting he was on the ridge that Tuesday night.”
