gun.'
'Was he?'
'No. I saw it on the seat next to him. It fell on the seat.'
'Do you remember if he was wearing gloves when you looked in?'
'Gloves… gloves,' he said, as if he was trying to prompt an answer from his memory banks. After another long pause he said, 'I don't know. I'm not getting a picture in my mind. What do the police say?'
'Well, I'm just trying to see if you remember.'
'Well, I'm not getting anything, sorry.'
'If the police wanted to, would you let them hypnotize you? To see if they could bring it out that way?'
'Hypnotize me? They do that sort of stuff?'
'Sometimes. If it's important.'
'Well, if it was important, I guess I'd do it.'
We were standing in front of the shack now. I was looking at the Tempo parked in the same place my brother had parked.
'The other thing I wanted to ask about was the timing. The police reports say that you had the car in sight within five seconds of hearing the shot. And with only five seconds there is no way anybody could make it from the car and into the woods without being seen.'
'Right. No way. Would've seen 'em.'
'Okay, then what about after?'
'After what?'
'After you ran to the car and saw the man was shot. You told me the other day you ran back to the shack here and made two calls. That right?'
'Yes, nine one one and my supe.'
'So you were inside the shack here and couldn't see the car, right?'
'Right.'
'How long?'
Pena nodded, seeing what I was getting at.
'But that doesn't matter because he was alone in the car.'
'I know but humor me. How long?'
He shrugged his shoulders as if to say what the hell and fell silent again. He walked into the shack and made a motion with his hand like lifting up the phone.
'I got through on nine one one right away. That was pretty quick. They took my name and stuff and that took some time. Then I called in and asked for Doug Paquin, that's my boss. I said it was an emergency and they put me through right away. He got on and I told him what happened and he told me to go out and watch the vehicle until the police came. That was it. I went back out.'
I considered all of that and figured that he had probably been out of sight of the Caprice for at least thirty seconds.
'On the car, when you first ran out, did you check all the doors to see if any were unlocked?'
'Just on the driver's side. But they were all locked.'
'How do you know?'
'When the cops got out here they tried them all and they were locked. They had to use one of those slim jim things to pop the lock.'
I nodded and said, 'What about the backseat? You said yesterday that the windows were fogged. Did you put your face up to the glass and look directly into the backseat? Down at the floor?'
Pena understood now what I was asking about. He thought for a moment and shook his head in the negative.
'No, I didn't look directly into the back. I just thought it was the one guy, is all.'
'Did the cops ask you these questions?'
'No, not really. I see what you're driving at, though.'
I nodded.
'One last thing. When you called it in, did you say it was a suicide or just that it was a shooting?'
'I… Yeah, I said somebody up here went and shot hisself. Just like that. They got a tape, I 'spect.'
'Probably. Thanks a lot.'
I started back to my car as the first flurries started floating down. Pena called after me.
'What about the hypnotizing?'
'They'll call if they want to do it.'
Before getting in the car I checked the trunk. There were no chains.
On my way back through Boulder I stopped at a bookstore called, appropriately enough, The Rue Morgue and picked up a thick volume containing the complete stories and poems of Edgar Allan Poe. My intention was to start reading it that night. As I drove back to Denver I worked on trying to put Pena's answers into the theory I was working on. And no matter how I moved his answers around, there was nothing that derailed my new belief.
When I got to the DPD, I was told up in the SIU office that Scalari was out of the building, so I went to homicide and found Wexler behind his desk. I didn't see St. Louis around.
'Shit,' Wexler said. 'You here to bust my chops again?'
'No,' I said. 'You going to bust mine?'
'Depends on what you're going to ask me.'
'Where's my brother's car? It back in service yet?'
'What is this, Jack? Can't you even conceive of the possibility that we know how to run an investigation?'
He angrily threw the pen he was holding into a trash can in the corner of the room. He then realized what he had done and went and picked it out.
'Look, I'm not trying to show you up or cause you any problems,' I said in an even tone. 'I'm just trying to settle all my questions and the more I try the more questions I have.'
'Like what?'
I told him about my visit with Pena and I could see him getting angry. Blood rushed into his face and there was a slight tremor along his left jawline.
'Look, you guys closed the case,' I said. 'There is nothing wrong with me talking to Pena. Besides, you or Scalari or somebody missed something. The car was out of his sight for more than half a minute while he was calling it in.'
'So fucking what?'
'You guys were only concerned with the time prior to his seeing the car. Five seconds, so nobody could've run away. Case closed, suicide. But Pena told me the windows were fogged. They had to have been for someone to have written the note. Pena didn't look in the back, onto the floor. Then he leaves for at least thirty seconds. Somebody could've been lying down in the back, got out while he was making the calls and run into the woods. It could have happened easily.'
'Are you fucked in the head? What about the note? What about the OSR on the glove?'
'Anybody could have written on the windshield. And the glove with the residue could have been worn by the killer. Then he took it off and put it on Sean. Thirty seconds is a long time. It might've been longer. It probably was longer. He made two calls, Wex.'
'It's too iffy. The killer would be relying too much on Pena taking that much time.'
'Maybe not. Maybe he figured he'd either have enough time or he'd just take out Pena. The way you guys handled this thing, you would have just said Sean killed him and then himself.'
'That's bullshit, Jack. I loved your brother like he was my own fucking brother. You think I want to believe he swallowed the goddamn bullet?'
'Let me ask you something. Where were you when you found out about Sean?'
'Right here at the desk. Why?'
'Who told you? You get a call?'
'Yeah, I got a call. It was the captain. Parks called the watch captain. He called our captain.'
'What did he tell you? His exact words.'
Wexler hesitated a moment as he remembered.
