“So how is all this going to work, with the DNA?” Leeza asked.
Hellman took a seat at the dining room table. “If they don’t match Phil’s DNA to the DNA on the beer cans, the prosecution would have no choice but to reopen its investigation and essentially look for another suspect- something they don’t want to do because it’d make them look inept. But if that’s the way it goes down, I’ll force them into it.” Hellman lifted a tray of chicken and placed a breast on his plate beside the yam and string beans. “If Harding’s DNA matches the DNA in the saliva on the beer cans, you’ll be able to rest even easier-because then I’d be able to accuse Harding with absolute certainty: I’d know the winner of the horse race before the starting gun was fired. The case would likely be dropped against Phil.”
“If the beer can DNA doesn’t match mine, will they immediately dismiss the charges?”
“Denton won’t dismiss against you until he’s reopened his investigation and charged a new suspect with the crime. He’ll probably try to dig up some more evidence on you while they investigate Harding. Once he sees that video and hears my theory as to what she’s done, I think he’ll listen. He’ll probably go before a judge and request a search warrant based on motive and all the corroborating evidence we’re going to give him. The warrant will enable the detectives to get a sample of hair and blood from Harding for DNA testing.”
“Will the judge give him the warrant?” Leeza asked.
“We’re getting a little ahead of ourselves, but I think there’s a good chance he would. But nothing’s guaranteed. It depends on how Denton presents it. Which I guess means it depends on how much Denton believes that she framed you. And then there’s the variable of the Judge. You don’t know who you’re getting, and if you’re catching him or her on a good or bad day.”
“For a system that’s supposed to be objective,” Leeza said, “there’s sure a lot of subjectivity. I don’t like all those ‘ ifs. ’”
“I know, but we’re real close,” Hellman said. “I have to think things are going to go our way.” He rubbed at the beard stubble on his face. “One thing we haven’t covered yet, though. Denton’s gonna ask me how Harding was able to steal your car without the alarm going off. Because if she set it off, for sure you would’ve heard it. Any thoughts?”
Madison shrugged. “Obviously she did it, so there has to be a way.”
“I can accept that, but Denton won’t.”
“She must have had the key,” Leeza said. “That night when she was here, she must’ve taken it.”
Hellman looked at Madison. “What key?”
“Leeza couldn’t find the spare key to my Mercedes. We kept it by the phone in the kitchen.”
“And it’s gone?”
Leeza nodded. “I even checked with Ryan. He hadn’t seen it either.”
“Okay,” Hellman said. “Denton should accept that.”
Their attention was suddenly diverted as Elliott and Jonah came downstairs with their Masters of the Galaxy swords and costumes on.
“C’mon, Dad. Let’s play!”
Madison looked over at Leeza.
“Oh, go ahead. I’ll keep your dinner warm.”
He wiped his mouth with a napkin and then took off after the boys, chasing them through the living room and dining room, around chairs and underneath the table before finally catching them.
Leeza turned to Hellman. “It’s time to put this matter to rest, Jeffrey.”
Hellman looked at Madison wrestling with the boys on the floor, and then nodded.
CHAPTER 52
It was a Monday morning, two weeks and five days since Kurt Gray had begun testing the samples. Trying to keep focused, Chandler went to the lab and pretended to work; Nick sensed what was bothering him-Chandler had told him all about the case when he first returned to New York-and he tried to take his partner’s mind off it.
A couple days shy of three weeks, Chandler couldn’t wait any longer. He glanced at his watch. Given the time difference, it would be a few hours before the Sacramento lab would be open.
At eleven o’clock, Chandler walked over to his desk and dialed Palucci.
“Lake Tahoe cabin, huh?”
“I needed him to run the test, Lou, and Gray was being a total asshole.”
“Why, because he wanted to go by the book? Things are different out here, remember? You used to work here. All that New York smog has clouded your judgment or something. This could really get me in deep shit if it ever got out-”
“Lou, I’d love to shoot the breeze with you, but the wait is killing me. I haven’t slept in three nights.”
“Your guy is clean. No match on the DNA. But that other sample is another story. Whoever’s DNA that was is a dead ringer. Good match with the saliva on the beer cans.”
Chandler sighed relief. “Lou, you’ve just helped bring the wheels of injustice to a grinding halt.”
“Yeah, well, it’s not for publication. Just keep it between you, me, and the bedpost, will you?”
“Of course,” Chandler said. “Take care of yourself, man.”
“Yeah, you too.”
“And tell Gray I said thank you.”
“Be best to leave him out of this.”
Chandler hung up and immediately dialed Hellman. In a deposition.
Interrupt him.
Can’t do that.
Interrupt him.
He’ll thank you later.
Hellman came to the phone. “You got it?”
“No match on Phil. Dead ringer on Harding.”
Hellman let out a shrill yell that probably caused his entire staff and the visiting attorneys to turn their heads toward his office.
“You okay?” Chandler asked.
“I’m on cloud nine.”
“Go back to your deposition.”
“Deposition? It’ll wait. I have to call Phil.”
They agreed to talk in a few days.
“Oh,” Hellman said, “when is the lab report going to be ready on the DNA? I’ll need to turn it over to Denton.”
“Yeah, right.”
“I’m serious. It’s an issue of discovery, you know that.”
“Jeffrey, there’s not going to be any report. If they produced a report, all hell would break loose.”
“What are you talking about? Chandler, where did you have these tests run?”
“At the lab.”
“What lab?”
“You know,” Chandler said, “the lab.”
Hellman was silent a moment, then said, “The state lab? Chandler, you know they’re not supposed to run tests for us. We need to go through a private lab-”
“Jeffrey, we needed the results and we needed to have it done by a lab where the methods and techniques were the same. We had to be sure before we went public with your accusations. I had the connections. Bottom line, I got it done.”
“But now I don’t have a report to take to Denton.”
“Doesn’t matter, we’ve got enough. He’ll buy the case motive alone. Tell him to do a DNA test on her and that he won’t be disappointed.”
“Chandler-”
