happy about it either, for obvious reasons.”
“It makes our job harder.”
“Understood, and I would like to keep this as confined as possible. I assume everything we say in here is confidential.”
“Goes without saying.”
Cate shifted forward on her uncomfortable chair. “Now, I understand that Russo stole the Simone file from Detective Nesbitt, and I want to know how that happened and what we can do about it.”
Nesbitt raised a hand, his good mood gone. “I can explain, Judge. Most of the detectives keep the files in unlocked drawers, and it’s nothing to go in and look through somebody else’s cases. It happens all the time. I don’t do that, not for my high-profile cases, because I don’t want any leaks to the press. Your case file was under lock and key in my desk drawer. I keep the key on my key ring.”
“Then how did Russo get it?”
“At some point, he must have gotten a copy of the key or made one, and he took the file and walked out with it. The up man saw him go this morning.”
“‘Up man’?”
“The detective who answers the phones at the front desk. We rotate, and he’s up.”
“And the up man didn’t stop him?”
“Why would he? He didn’t know he had it and he didn’t know it wasn’t Russo’s file. All the files look the same.”
“Didn’t anyone see him get it from your drawer?”
“No, and if they did, they wouldn’t have thought it was all that strange. We used to be partners. That’s how he knew where I kept sensitive cases.”
Cate felt her cheeks flush with anger. “Why did you keep it there, if you knew Russo was interested and the case was so sensitive? I mean, he was a key witness. He had a stake in winning.”
“Judge, I’m sorry.” Nesbitt met her eye, with regret. “I made a mistake. I never thought Russo would go into that drawer without my permission, much less break in and take a file.”
“It’s unprecedented,” Shiller added, leaning forward. “Unheard of, for one detective to do that to another. For all our joking around, I respect Nesbitt more than I can say. He’s the best on the squad and the most discreet. To tell you the truth, he’s next in line for my job.” Shiller nodded at Nesbitt, and Cate could see he felt bad enough.
“But why did Russo do that? Why did he want that file so badly?”
Nesbitt and Shiller exchanged glances. Then Nesbitt said, “Our best guess is that he’s been checking on the Simone file all along, without my knowing. After hours. It would be a way to keep tabs on the investigation because he knew I wouldn’t tell him what was going on. Then when the case was cleared and we were all out at the press conference, he took the file.”
Cate was confused. “So then he’s known about the record, and me, for a few days.”
“No.” Nesbitt shook his head. “Those records about you weren’t in the file until today. I kept them at home because they weren’t a part of the investigation, like I told you. I knew I wanted to show them to you. I even used my home copier to make the copies. This morning, after I left your office, I put the originals back in the file. Then I went to the press conference and when I came back, it was gone.”
Shiller cleared his throat, authoritatively. “Judge, you can rest assured that I’m having Internal Affairs investigate the matter completely. Russo will be put on immediate suspension, and he will be discharged, I can promise you that.”
Cate almost laughed. “What good will that do? He’s off the reservation, isn’t he? Breaking into my house, my chambers? Violating state and federal laws. He’s a Rottweiler off the leash.”
“We do have procedure-”
“Fire him if you want to, Sergeant, but I think he quit. I’m right, aren’t I?” Cate turned to Nesbitt because she knew he’d give her a straight answer, and his mustache tilted down at the corners.
“Frankly, yes.” Nesbitt looked at Shiller, then back at Cate.
“Did you talk to Russo about Marz’s suicide?”
“Yes, he called me after I left your chambers. He’d heard it on the news and he took it badly. He was upset. He really liked Marz.”
“Does he blame me for the death?”
“Yes.” Nesbitt checked with Shiller again. “I tried to reach him after I saw the file was gone, but he wasn’t answering his home or cell. I went to his apartment and he wasn’t there. His neighbor said he hasn’t been home for days. My guess it’s since the verdict.”
“What about Marz’s wife? Did you try her?”
“She hasn’t seen him. I went over. That’s where I was when you called this morning. I had turned the phone off because she’s in mourning. Shiva, and all.”
“Would she tell you, if she knew?”
“I think so.”
“Is Russo married?”
“They broke up, years ago.”
“Does he have a girlfriend?”
“Not that I know of. A kid at Penn State, and he hasn’t heard from him in months. They were never that close. He lived with the mother.”
Cate felt her gut tense, still raw from this morning. “So where is he?”
“We’re looking for him. We put out an APB. He’s a fugitive.”
“We’ll find him,” Shiller added firmly. “We’ll have him by the end of business today, if I have to go out and drag him in myself.”
Nesbitt shifted forward on his seat. “I did hear from him one other time, which is what I wanted to talk to you about. At about one o’clock today. I assume that was after he had been to your office.”
Cate did a rough calculation. “Yes. Why? What did he say?”
“He was angry. He had read the file and he was claiming he found mistakes in my investigation. My assumptions, even the lab results, et cetera.”
“Your investigation of what?”
“Of Simone’s murder.”
“Isn’t that over?”
“Not for him. Russo doesn’t think Marz killed Simone.”
Cate blinked. “Marz shot himself with the murder weapon.”
“Russo thinks the gun was planted. He’s got some crazy new theory.” Nesbitt glanced at Shiller again, and Cate saw their expressions tense, right before her eyes.
“What?” she asked, after a minute. “Why do you keep looking at each other? What’s going on here?”
Shiller answered, “Russo’s new theory is that you killed Simone.”
“
“Don’t get upset, Judge,” Shiller said, but it was too late.
“Are you crazy? This mad dog thinks I killed his friend?” Cate turned wildly to Nesbitt. “What
“Judge.” Nesbitt put up his palm. “Don’t worry. We’ll get this under control. Russo’s a hothead and he had a big shock, with Marz’s suicide. He’ll calm down.”
Cate thought ahead, trying not to panic. “Tell me what he said. Where is he getting these ideas?”
“He saw the record, of what you do. At night.”
“Okay, my personal whereabouts.” Cate almost wasn’t embarrassed anymore. Nothing like a true emergency to put things into perspective. “And so what?”
“He figured out that Simone was having you followed.”
“He was. I checked. So?”
“He remembered that Simone had said something on the witness stand about making a TV series of your life, and that you didn’t look too happy about it, even though you made a joke. Did that happen?”
“Yes, but how does that make me a killer?”
