Chain of Evidence

emergency room for injuries sustained from conflicts with your late husband, that on two occasions you telephoned Nine-one-one and asked for help from the police?”

She said defensively, “It was all a mistake.”

“He’s dead,” Dart reminded. “You don’t need to fear him. You don’t need to lie to me.”

She looked away. Her attorney advised her that she need not answer any question that she chose not to. Her eyes pooled with tears, she waved him off.

Dart waited until she appeared more at ease. He needed to judge her reaction carefully to this, his most important question. He studied her and asked, “Were you ever approached by a man offering to help you with your husband?”

Her expression disappointed him, for she didn’t appear to understand the implication that Dart was attempting, whereas her attorney certainly did.

“I don’t want you to answer that,” the attorney snapped to his client.

But Danielle Payne had already formed an answer in her head, and she spoke it. “They approached him, not me. It was his problem, not mine. Nothing I could do about it.”

For the first time in this meeting, Dart and Gambelli met eyes, neither able to contain their astonishment at her answer. Dart’s eyes said sternly, Let me pursue this. Gambelli’s were a cauldron of concern.

The attorney admonished. “Danielle, please!”

But she had to protest, “He didn’t tell me any more than that-only that they could help him and he was going to try it.” To Dart she said, “Harry loved me loads. He didn’t want to be mean. Really. He didn’t want to hurt me.”

“They?” Dart asked, knowing full well that the attorney would interrupt, which he did. But Danielle Payne seemed to be venting.

“What’s he care what I say? He’s dead and gone. What’s it matter to him?”

Seizing quickly on this, Dart asked, “Who offered to help your husband, Ms. Payne? What do you mean by that?” Dart had imagined just the opposite-that Walter Zeller had made himself available for hire to women who wanted their abusive spouses eliminated, that he had created a profession out of reversing his years of investigating homicides. An abused wife or lover, or the mother of an abused child, would have plenty of motivation to see the sex offender killed. A carefully manufactured suicide would be quickly cleared. Zeller could carry out his own passion and earn a living while convincing himself he was doing the world a favor. This fit Zeller’s controlling personality and his disenchantment with the legal system that he had abandoned. But Danielle Payne was throwing him off completely: The mention of a third party, and this third party approaching Payne himself, did not fit with any of Dart’s preconceived notions.

“I don’t know,” she answered, and he trusted the confusion in her eyes. “Harry said he couldn’t tell me, but that things were going to get better, that he was going to be better, and that I just had to trust him and the doctors.”

Gambelli released a chest full of air and said, “Enough!” attempting to silence his client. To Dart, he said, “I’d like to speak with her alone, Detective. If you intend to pursue this any further, I must speak with her first.”

“Doctors?” Dart said to the woman.

“Do not answer that, Danielle,” Gambelli warned, and this time his client obeyed. She nodded, and hung her head. She wore sky blue eye shadow on eyelids edged with pencil, her lashes gobbed with mascara.

The woman murmured, “There’s nothing to tell. I don’t know any more than that.”

Gambelli shook his head in disgust and slapped his legs with open palms.

“Doctors,” Dart repeated, in the voice of a man thinking aloud.

“I never met ’em,” she said. “But Harry was better toward me, nicer and all, and so I wasn’t complaining.”

A thought occurred to Dart. “Did your husband ask that you leave the house that evening?”

“No way,” she answered sharply.

“It was Halloween,” Dart countered. “Didn’t he want you home to help give out the candy?”

She hung her head again. “It isn’t a friendly neighborhood,” she said.

At least not toward convicted pornographers, Dart thought, realizing that the Paynes would have been shunned following his arrest.

“He didn’t have a meeting planned?”

Gambelli allowed this question to pass.

“No. Not so as he told me about.”

Reading from his notes, he questioned her about the housecleaner, and she confirmed that the house had been cleaned that same morning. She also confirmed that there was no Dustbuster or similar small vacuum in the house. “And who had access to your garage? It operates via a remote, is that right?”

“A clicker, yeah. Sure. Harry and me, we both had clickers in our cars.”

“And you used yours upon your return?” Dart asked.

She nodded.

He said, “And the garage door was down at the time?”

“Sure it was. What’s this with the garage door and all?”

Dart believed that Bragg’s evidence-the pine needles, rock salt, and potting soil found in the garage and inside the study-pointed toward Payne’s killer having entered through the garage. Once inside the garage, the kitchen door was unlocked and would have allowed egress, undetected. Access to the garage was only through the automatic door openers, one of which Danielle Payne controlled. It was this combination of facts that had led him to consider that she had arranged for her husband’s staged suicide-providing her garage door opener to a killer she had hired.

“And none of your husband’s business associates would have a garage door opener for your house.”

“Of course not!”

“Your housecleaner?”

“No.”

“And your security system that night. It would have been on or off?”

“Harry liked to keep it on when we were home. He didn’t want no surprise visits.” She blushed and averted her eyes. It was the police he had hoped to avoid. “But Halloween it would have been off for sure. At least I think it would have been.”

Dart dropped the biggest bombshell he had in his arsenal, hoping for a direct hit. It stemmed from a phone call he had placed earlier that day. “You weren’t with your friends, the Fallowfields, that evening, Ms. Payne, as you claim to have been in your sworn statement.” Dart glanced at Gambelli, knowing that the attorney, if not his client, would understand her vulnerability. “We checked with the Fallowfields. You saw them only for a drink that evening.”

The woman glanced at her attorney.

“I don’t want to file perjury charges,” he said, leaning heavily on the word and presenting it as a serious possibility. “And I wouldn’t want to drag you through the routine of being booked and charged with that or with more serious crimes. But I do need some answers, and so I turn it over to you-the two of you-as to where we go from here.”

Her frightened eyes appealed to Gambelli. The attorney sought out and located the woman’s signed statement and read it over. He then said, “I would advise you to answer the detective’s questions, Danielle. Given the circumstances, I think it’s in everyone’s best interest.” He looked over at Dart with a mixture of anger and respect and seemed to be fully involved for the first time.

“Where were you that night, Ms. Payne?”

For all her forty-odd years, she looked more like a child as she appealed again with her eyes. Gambelli simply glared back at her. She told the detective. “With a friend.”

“A friend?”

“In bed, okay? I was in bed with a friend.”

“You were having an affair,” he stated.

“No shit,” she answered angrily. “We were fucking our brains out, okay? You want the details?”