'Ms. Lopez, you understand that the attorney-client privilege protects
only information obtained in the course of communications between you
and a client, is that correct?'
'That's correct, counselor.'
'The work-product privilege, on the other hand, applies to any
information you obtain during the course of working as an attorney on
behalf of your client. In other words, it covers not only
communications between you and your client but also information you
derive from research or interviews of third parties. Is that a fair
summary of the privilege?'
'Yes, counselor.'
'It would be a violation of your professional ethics, wouldn't it, Ms.
Lopez, to assert a privilege that you did not actually believe covered
the information requested from you?' I asked.
'That's correct. I would not assert a privilege unless I had a
good-faith belief that the privilege applied to the requested
information.'
'I want to be very clear here, Ms. Lopez.' I paused for emphasis. 'I
have asked you how you knew that Jamie Zimmerman's purse was taken from
her when she was killed. And you are refusing to respond not just on
the basis of work-product privilege, but also on the basis of
attorney-client privilege. Is that correct?'
'Yes, it is,' she responded.
'I understand and respect your position, Ms. Lopez. Thank you for
your time,' I said, excusing her.
When I announced that I had no further witnesses, the grand jurors'
questions began to fly. Was I arguing that Frank Derringer had killed
Jamie Zimmerman? How could that be, when we knew for certain that he
didn't kill at least two of the other women described in the Long
Hauler letter? Did I think Derrick Derringer was in on it? What
should they do about Travis Culver? Did this mean that Detective
Forbes coached Margaret Landry's confessions?
'I am asking you to indict Derrick Derringer on the following charges.
First, statutory rape based on Haley Jameson's testimony that Derrick
Derringer has had sexual intercourse with her. She is only sixteen
years old, and the photograph you saw corroborates her testimony.
Second, obstruction of justice and perjury for offering false testimony
on behalf of his brother, Frank Derringer. Third, conspiracy to rape
and murder. He may not have been present at the time that Kendra
Martin was attacked, but you have heard evidence suggesting that the
Derringer brothers conspired to rape and kill Kendra Martin to send a
message to other girls on the street that they'd better make their
payments, one way or the other.
'I am not presenting any charges relating to any of the murders
described in the Long Hauler letter, including the murder of Jamie
Zimmerman. Nor am I requesting charges against Frank Derringer or
Travis Culver.' Double jeopardy protected Frank Derringer from being
charged again with the attack on Kendra, and Culver couldn't be
indicted by this grand jury, since he'd been brought here under the
compulsion of a subpoena. 'I understand that it is difficult to
reconcile my theory of the charges against Derrick Derringer with some
of the extraneous evidence. The question for you to resolve is
whether, despite those complications, you believe a jury could find
Derrick Derringer guilty beyond a reasonable doubt.'
I had blocked off the rest of the grand jury's afternoon so they would
not feel pressured in their deliberations. I gave them my pager number
and asked the foreperson to beep me when they'd reached a decision.
I passed Tim O'Donnell in the hallway on the way back to my office.
'Hey, Kincaid, I was just looking for you. Where you been all
morning?'
'Went over to JC-2 for a couple of arraignments. Crazy over there,' I
said, looking down to make sure that everything was tucked away neatly
in my file.
So I wasn't sharing the sandbox anymore. Big deal. Playing well with
others isn't all it's cracked up to be. Besides, technically speaking,
I had done everything I was told to do. Frank Derringer was free, and
my actions had in no way jeopardized the exoneration of Margaret Landry
and Jesse Taylor.
As it turned out, O'Donnell still thought we were sharing.
'Just got back from OSP,' he said, taking a bite of the bagel he was
carrying around. The Oregon State Prison was nastiness incarnate, but
O'Donnell was probably well past letting it affect his appetite.
'Landry and Taylor passed their polys. FBI guy says no signs of
deception to the three key questions.'
The polygrapher had asked Taylor and Landry whether they abducted or
killed Jamie, wrote the Long Hauler letters, or knew the Long Hauler.
Passing the polys helped clear the way for their release.
For a second, I thought I felt a pang of guilt for not telling
