give her a slap on the wrist. That was before the victim was identified as your old enemy from Philly.”
“Chip told me the charge against her is second-degree murder now.”
“But Moran can’t prove it. Here’s his problem. Banks is your old enemy, not hers. For second-degree murder, he must prove that Abby enticed him down here. But there’s no evidence of that because they didn’t get to her email files before she hit delete. But Moran can prove you hated Banks because of the files you kept on your computer. So he needs to maintain that you conspired with Abby to get him down here. Bottom line is he needs you charged with conspiracy in order to get her.”
“So Moran may not even believe I did in fact conspire. He wouldn’t mind nailing me just for old time’s sake.”
“That is serious. Conspiracy to commit murder can carry a sentence equal to the murder itself.”
“I know. I researched it. I could face jail time. I have first-hand information in three cases. Might be I can deal. Here’s little Bonaparte now. Cross your fingers.”
They both stood as Moran entered and the men shook hands. Moran studied Sandy for an instant. “My god, she does have legs. The first time I’ve seen not wearing jeans. Should I be honored for once you put on appropriate clothes to meet with me?”
She had a pretty good comeback but she bit her lip.
Moran settled in opposite them. “You’re full of zip in your old age, Kagan. What’s going on here today?”
“My client....” Kagan began.
She interrupted. “I’ve been searching for Jamie Olin who, in spite of your official position, has been kidnapped. By chance, I’ve discovered evidence that bears on three of your open cases.”
“Nothing happens by chance with you, Miss Reid. You say you’re going to solve some of my cases. Just three, what’s slowing you down?”
“I’ll solve one of them for you if you’ll drop that charge against me. It’s going nowhere anyway.”
“Do I laugh now?”
Kagan spoke up. “We’re prepared to give you a complete statement on what we know about all three cases and cooperate with any subsequent depositions. It’s trial-worthy information. It’s useable.”
“I doubt that. You know nothing we don’t already know.” He pointed his pencil at her. “Now I’ll tell you what I’m going to do. I’m going to inform the jury of your record of being institutionalized in a juvenile rehabilitation facility. A typical history for a repeat offender such as you. I’ll make you swear under oath to the tawdry activities that took place there and in which you were complicit. Is Mr. Kagan here aware that your teenage promiscuity rose to that level?”
“I already told you I wasn’t abused. The counselor tried but I fought him off.”
“Not according to Abigail Olin. She says you were part of his daily routine and you hate him because he got tired of you. She also said you preferred girls and tried to force yourself on her.”
“My, my, what is this world coming to? Why would someone accused of murder say such things about the witness who’ll testify against her?”
Moran continued, “The jury can decide whether you were a willing participant in the widespread salacious activities. That proves both you and Abby were juvenile offenders. You were eager for revenge. It also establishes the motivation for both of you gals wanting Banks dead. Next, I’ll enter into evidence the tracking file you’ve kept on him on your laptop over the years. I promise the jury will think you’re obsessive.”
“But I didn’t lift a finger! How can you prove I ever talked to Abby about murdering Banks?”
“Admittedly, some parts will be circumstantial. You see, you’ll be useful to me in convicting her. The jury will see that you both have the powerful motive of revenge. I’ll encourage the jury to imagine what you two scheming females talked about. The more you deny it on the stand the guiltier you’ll look.”
“So, you’re going to call me and Detective Pomar as witnesses to the shooting of Banks that Abby is charged with. And in the next breath charge me with conspiring in the shooting I tried to stop. If I was involved in the plan to shoot him, why did I take Pomar there?”
“You call that a defense? Go back to your law books and stop bothering me.”
She exchanged a glance with Kagan then said, “Let’s get serious, Mr. Moran. I’ll tell you what I know and you can then decide whether to drop the charge. I won’t sign anything or swear to anything unless you drop the charge. Can I do that, Jerry?”
“We can stipulate that.”
“I don’t think I’m interested. But if you want to provide me with all the information, I’ll be happy to use it.”
“It’ll knock your socks off, Moran. You’ll definitely get big headlines out of it. Once you drop the charge, I’ll cooperate fully.”
“You’ve no choice but to cooperate fully whether or not I drop the charges or you’ll go to jail.”
“I’ll take the Fifth. Without me all you’ve got is three cases of hearsay.”
“You must be pretty confident I’ll end up dropping the charge.”
“We both know I had nothing to do with the accidental shooting of Banks. I realize you think you need the conspiracy angle to assure a second-degree murder charge against Abby. But you don’t. I’ll testify she yelled out Toby’s name before she discovered that she in fact shot Banks. If she thought it was Toby, that’s at least attempted murder. Plus you have at least manslaughter for shooting Banks, perhaps even second degree if she enticed him down here. That’s two charges against Abby and I’m going to give a solid third that’s even better.”
Kagan said, “I’m reluctant to give the honorable state attorney advice, but all you need do is prove Abby attempted to murder Toby. Her accidental shooting of Banks then becomes a felony murder occurring during the commission of the crime—the crime of attempting to murder Toby. Much more serious than mere manslaughter.”
“Wow! Very good, Jerry. Felony murder, I hadn’t thought of that. It was in my textbook, someone dies during the commission of a crime, and you can get twenty-five years to life. I bet you didn’t think of that, Mr. Moran.”
“Of course, I did.” Moran was annoyed. “You two should take this show on the road.”
She continued, “Plus I’m about to give you a third charge against Abby Olin.”
“I can’t wait,” Moran muttered and rolled his eyes.
That did it. She visualized moving her arm in one wide sweep clearing his desk of phone, framed photo, Rolodex, coffee cup—everything onto the floor. Instead, she stood and pointed at Moran. “Look Buster! I’ve been running around developing the solid evidence you need to prosecute. If you were smart instead of vindictive, you’d start listening. You’re sitting there with that supercilious smirk on your face making sarcastic comments while I’m handing you the solution to three of your problems on a silver platter. If I had my way, I wouldn’t lift my little finger to save you from burning in hell. You don’t even know where to look for your first clue. As of right now, I’m taking the Fifth. All you’ll ever get is hearsay because you’re getting nada from me.”
Moran's face turned red. He pushed back from his desk and loosen his collar.
Kagan jumped up. “Sit down and be quiet, Miss Reid! Larry, please ignore my client. She doesn’t understand how these things work. She misconstrued your demeanor. You’ve every right to be skeptical. She was anticipating you’d reject our offer. The fact is you haven’t turned us down yet. I’m certain you intend to consider fairly everything we have to offer. I’m sure she’ll apologize as soon as she cools off.”
He was silent for a long moment. “Okay, I’ll listen. No promises. Miss Smartass you’re on.” He moved his chair back up to the desk. “What are the three cases in which you’re going to be my savior?”
“I don’t know why I’m going along with this. Without me you’ve got zilch.” She stared him straight in the eye. Kagan reached over and placed his hand on her arm. “Okay. First, money was Abby’s motive for attempting to shoot Toby Towalski. I can prove that motive and it’s strong enough to convict her of attempted murder, which is what you need to convict her of felony murder. That’s one case. Second, the money involved was the result of blackmail of a prominent politician. So you’ll definitely be able to charge her also with attempted blackmail. And the third case is—you’re going to love this in spite of it coming from me—your old Privado beach body case.”
“What prominent politician?”
“You don’t have a clue, do you?”
“What old beach body case—you mean the naked stripper? God, I’d forgotten that case was still open. Good grief, don’t tell me Sandra Reid is involved in that case as well.”
“One more thing, Moran. Don’t count on me ever apologizing to you. Are we through here?”
