‘punish’ Wayne for his transgression. Witness states he doesn't know what happened, but he heard Cody's friends got carried away and since Wayne's body was recovered a little later ‘maybe they went too far.’
Witness states that even though Cody was betrayed by Forestiere, he sent her to Los Angeles to be treated by a famous plastic surgeon and ended up paying thousands of dollars for operations so she could sing in public once again. Witness states, ‘I tell you this so you know the kind of man we are talking about, a man who, yes, shows a hard face to the world, but who has a big, soft heart beneath.’
Asked by interviewer if Cody, discovering he was being two-timed by victim, might have asked these same friends to ‘punish’ his girlfriend's lover and maybe the friends again ‘went too far,’ witness states, ‘I don not believe that could have happened.’
Witness states Cody is a very smart man who always learns from his mistakes and that after what his friends did to Randy Wayne he would never again have entrusted them with such a mission. Witness states, ‘What they did caused Mr. Cody a lot of trouble, and Mr. Cody doesn't like trouble. Many people still think he cut up Marci. I happen to know he didn't. But you must understand Mr. Cody is not the type to go around telling people “I didn't do this” or “I didn't do that.” He is not the type who denies. Rather he's the kind who demonstrates his character to the world by his actions and demeanor. People can think what they like. Mr. Cody doesn't care. He knows who he is and who he is not, and those, such as myself, who know him well know he would never have allowed anyone to hurt Madame Fulraine, a woman he loved, no matter whether she fucked every busboy, guard, and gardener at The Elms.’
Evaluation: Witness, by his own admission, is extremely loyal to Cody, who was primary sponsor of his U.S. citizenship. Witness's statements about Marceline Forestiere are strictly hearsay. Witness's statements about Cody's character and what he is and is not capable of are simply impressions of a loyal employee and for this reason cannot be viewed as credible.
No wonder Mace dismisses Jurgen Hoff's impressions: In his interview, Jurgen, with great fervor, knocks down Mace's theory of the crime. If the Flamingo Court killings were in fact a hit ordered by Cody, a hit against Tom Jessup that went terribly wrong when the shooter, finding Jessup in bed with Barbara, executed them both, then it's clear the only hope Mace has of making such a case is to identify, arrest, and then ‘flip’ the shooter.
The folder on Tom Jessup is pitifully thin, commensurate with his lowly status. To the media, the Flamingo Court killings were about Barbara Fulraine: SOCIALITE GUNNED TO DEATH IN LOVE NEST. Although the cops viewed the victims equally, Barbara became the focus of their investigation. Still they made a decent effort to learn more about Jessup, even going so far as to track down his college sweetheart, Susan Pettibone, in New York. Joe Burns interviewed her by phone:
Witness states she is twenty-eight years old, unmarried, a broker at Merrill Lynch. Witness states she met victim in college, they dated for a year, then lived together for two years in an off-campus apartment. Witness describes victim as ‘highly sensitive and one of the sweetest guys I've ever known.’ Witness states, ‘In the time I knew him, I doubt Tom had an enemy in the world.’
Witness states she and victim kept in close touch even after they decided to go separate ways. Witness states victim phoned her approximately once a week, usually on Sunday afternoons. Witness states victim was ‘terribly lonely’ in Calista and had not managed to make any close friends since taking job at Hayes School. Witness states victim told her he liked teaching at Hayes and generally liked the kids, though he thought “some were really spoiled brats.” Witness states victim told her he would probably not stay at Hayes after second year, unless his social life improved.
Witness states victim informed her sometime in May that he'd ‘finally met somebody.’ Witness states victim sounded happier than he had in over a year. Witness states that when she pressed him, he told her, “it's an impossible love, there's probably no future in it, but still I'm enjoying every minute.”
Witness states sometime in June, victim told her he no longer felt his love was so ‘impossible.’ Witness states victim told her, “We love each other, we're really well suited, and the sex is, well, just great!” Witness states she found this last comment annoying ‘because actually the sex between us hadn't been all that terrific, at least during the last year or so we were together.’
Witness states that when Hayes broke for the summer in late June, victim told her he was seeing his new love nearly every day, and ‘it keeps getting better and better. Neither of us can believe how great it is.’
Witness states that when she asked victim to describe the woman, he told her she was gorgeous, divorced, had kids, and was trying to extricate herself from another relationship, ‘so we have to be careful, as this other guy is, you know, kind of a hood.’ Witness states victim told her his lover ‘has problems, but she's seeing a shrink, trying to work them out.’ Witness states victim told her he was ‘optimistic’ about relationship, and that if everything went as he hoped ‘my situation will change in ways you can't imagine.’
Witness states she received a call from victim in mid-August. ‘I was surprised to hear from him since it was a weekday night. He sounded pretty upset.’ Witness states victim told her he called “because I wanted to hear your voice.” Witness states victim did not offer specific reason for his agitated state, but did say ‘problems had arisen in his love affair and “I hope we can work them out.” Witness states victim asked her if she'd consider visiting him for a few days. Witness states victim told her, “I'd like you to meet Barbara then give me your honest opinion.” Witness states this was first time victim mentioned his lover by name.
Witness states, ‘I remember when I put down the phone I felt really disturbed, like something was wrong out there and Tom was too embarrassed to tell me what was happening.’ Witness states she brooded over the matter, then last Sunday she phoned victim late at night.
Witness states, ‘I woke him up. I think for a moment he thought I was Barbara, because he mumbled something weird like, “God! Did you really do it?” or “Did he really do it?” Then the victim realized that it was witness calling, he apologized, told witness “things are looking better now” and “of course I'd love to see you, but I don't think you should come out now. It's too hot and humid here in summer.”
Witness states, ‘That was our last conversation. Two days ago his cousin called from Michigan and told me he'd been killed.’
Evaluation: Witness is helpful and sincere. Unfortunately, her information on causes of victim's agitation is too sketchy to be of use.
At 6:00 A.M., having read through the bulk of the case file, I take a few key documents to the photocopy room across the hall. Feeding the pages by rote into the machine, I fall into a kind of daze.
I'm exhausted, I realize, and not just on account of lack of sleep. It's the intensity of my expedition into the past that's worn me out. The fatigue is similar to what I feel after a long eyewitness interview – vague, drained, detached, having not yet reentered my own reality after stepping out of someone else's nightmare.
Mace pops in just as I'm finishing.
'Kinda red-eyed, aren't you?' He grins. 'I figured it'd take you the night.'
His eyes are clear, his cheeks freshly shaved. 'So what'd you think?' he asks, accompanying me downstairs.
'The Identi-Kit composite was pretty amusing. Otherwise I think you guys did a thorough job.'
'We hit most every angle. But like any case, there're still hundreds of loose ends. And much as I've studied the file, I still don't have a clear picture of the victims. What they were up to, particularly her. What was she doing with that guy? Was it just physical or was there something else at work?'
'I guess you should have gotten more out of the shrink.'
He laughs. 'That whip photograph. I've been kicking myself over that, like why I didn't turn it up. Your father had it, didn't he?'
I nod. 'My mom died this spring. She had a folder of stuff that belonged to him. The photo was there. It's what got me started on this again.'
'Anything else I should know about?'
'Yeah, an unfinished draft of a case study Dad was writing about Mrs. Fulraine.'
Mace touches his goatee. 'I think doctor-patient confidentiality has pretty much expired by now, don't you?'
'I'll make a copy for you.'
'Thanks, David. I appreciate that.'
At the main door, he extends his hand. 'Let's have dinner this week. You can give me the copy and we can talk the whole thing through.'
After we set a date, he claps me on the shoulder. 'And please bring along the whip photograph. I'm eager to
