Bennie sipped coffee from her I CAN SMELL FEAR mug, speaking to the client side of the table. “Gentlemen, I’m so glad you came in this morning. This gives you a chance to meet your new team, after the tragedy of John Foxman’s murder.” Her expression fell into grave lines, and Mary knew that much of her feelings were genuine. “We are devastated, as I know you must be.”
“Absolutely,” Jim said, frowning. “You have our sympathies. It’s a terrible tragedy. I spoke to him on the phone last week.”
“Yes, deepest sympathies.” Sanjay nodded.
“Thank you.” Bennie straightened at the head of the conference table. “However, we know that the show must go on. As I emailed you, we briefly considered postponing Steve’s deposition a day or two, but the defendants refused, and we chose not to go to the judge. Mary and Judy have stepped in to take John’s place, so we have a full-court press on this litigation. Anne has briefed them both, and Mary’s fully prepared to defend Steve’s deposition today. We have a discovery schedule to follow and we intend to keep the defendant’s feet to the fire.”
Suddenly Mary’s cell phone started ringing, and she hurried to silence it, slipping it from her purse. She glanced at the screen and recognized the number of the caller with a nervous jolt. It was the Homicide Division and it had to be Detective Krakoff.
“We agree.” Jim frowned, his hand playing with the label around his water bottle. “And please don’t think we’re jerks. We know it had to be challenging to work this weekend, especially for you, Anne. You and John worked together really well on this case.”
“Thank you,” Anne said quietly, though Mary’s thoughts strayed far from the conference room. She was thinking about Detective Krakoff and she guessed that he wanted Judy to come in to give blood, DNA, and hair samples. Mary knew that the samples would ultimately support Judy’s story, but it was never good when detectives wanted more evidence, suggesting that Judy was morphing into a person of interest, if not a suspect.
“But here’s the problem.” Jim broke eye-contact, still playing with the label. “We saw on the news that you three were under suspicion of John’s murder—”
“No, that’s not true at all,” Bennie interrupted, firmly. “We are not suspected of John’s murder. We are not even persons of interest.”
Mary kept her mouth shut, though she felt like a total fraud, listening to Bennie state that they were not persons of interest, given that she had just gotten a phone call from Detective Krakoff. But she kept her mouth shut, since she couldn’t be exactly sure that’s what the detective wanted. Even so, it felt like a material omission at best, and at worst, a venial sin.
Jim continued, “Bennie, that’s not what it said on the news. I was home when that lawyer was interviewed yesterday. My wife saw it, and then we went online and saw the video of John at the press conference. There’s a lot we didn’t know, a lot that has been going on behind the scenes at the firm.”
Mary knew Jim was talking about Machiavelli, which made her furious. Machiavelli was the one who had set these awful events in motion, by filing a revenge lawsuit, and it had dovetailed with the circumstances of John’s murder to point an accusatory finger at Judy. Meanwhile, Anne went white behind her perfect makeup, and Judy stared at her hands.
Jim continued, “Bennie, I’m not gonna lie, I got calls last night from our employees and friends, and so did Sanjay.” Jim glanced at Sanjay, who nodded in unhappy agreement. “We came today to meet with you face-to-face. We are very concerned and we never thought we would be in this position. What’s going on here? And what effect will it have on this litigation?” Jim gestured to his phone, lying faceup on the table. “People are already tweeting about it. The story is all over the tech sector in Philly, maybe nationally. It puts us in an impossible position. We’re going to be real with you—we’re considering ending the representation.”
Bennie raised a calming hand. “Gentlemen, we hope you won’t do that, and there is no reason to. There is nothing to worry about and it won’t have any effect on this litigation. You’re tech entrepreneurs, and nobody knows better than you that social media and the Internet are rife with inaccuracies. Your colleagues in the tech sector know that, too. Nobody will believe the ranting of a random lawyer who gave that interview. His name is Nick Machiavelli and he lost to us in past cases, so he’s seizing upon this tragedy to smear us. As I say, we are absolutely not suspects.”
Mary kept a poker face, though she had never felt so uncomfortable. Her thoughts started to churn, figuring out her next move. She hadn’t heard back from Lou about the background check on Mike Shanahan because it was too early. But she still had a move or two if she had to take Judy down to the Roundhouse to give samples.
Jim pursed his lips, still frowning. “But we saw you, you’ve been to the Roundhouse. All three of you. We saw Mary and Judy on TV.”
“Yes, of course we’ve been there. We care very much about John. We met with the police several times to press them to find his killer and help their investigation in any way that we can.” Bennie spoke urgently, leaning forward. “They have no suspects at the present time, they don’t even have a person of interest. Confidentially, we believe the murderer was a burglar, who came in through the fire escape at John’s apartment.”
Mary breathed easier, knowing that Bennie was on solid ground about the burglar, and she hadn’t had a chance to tell Bennie her theory about Mike Shanahan.
Jim frowned. “But we read the press release that you put out, online. It doesn’t even deny that you did it.”
“No it doesn’t, because we chose not to dignify these comments with a response.”
Jim glanced at Sanjay. “That seems ineffective, don’t you think? Sanjay and I would’ve put out a strong denial if somebody had said that about us. I mean, you’re being accused of murder and you’re lawyers? What are we supposed to think when you don’t even deny it? We thought you were suspects.”
Mary felt the visceral force of the argument. Every instinct in her told her that they should’ve responded, and she felt angry at herself that she had let herself get talked out of it by the Zen Master. It might have backed the detectives down preemptively and now Mary wouldn’t feel comfortable stating it in a press release, especially if Detective Krakoff was going to ask Judy for samples.
“It’s just a style difference,” Bennie answered lightly. “You have read that President Richard Nixon stated, ‘I am not a crook.’ It went down in history as a statement that everybody remembered, because to deny something so absurd gives it credibility that it would otherwise not have.” Bennie allowed herself a tight smile. “So we’re glad you came in and we appreciate your honesty. We understand that you feel that you may be in a difficult position, but you are not.” Bennie’s tone strengthened, with a new firmness. “The best course is to ignore mindless chatter, as we will. If you need a denial from us, then here—‘We did not kill John Foxman.’ But you will not hear me say so in public, and frankly, I will never say that again. I find it personally offensive and I know my partners feel the same way.”
Jim blinked. “We didn’t mean to offend you.”
“Understood.” Bennie eased back into her chair. “Now, gentlemen. We are more than prepared to go forward and prosecute this litigation. We are prepared to go forward and win. If you would like us to remain your counsel, we will happily do so. If you would like to retain other counsel, we will send them your file. It’s your choice.”
Mary swallowed hard, realizing once again that Bennie was a fearless leader. Maybe Mary would feel the same way someday, but until then, she’d have to settle for being a fearful leader.
Jim exchanged glances with Sanjay, who nodded. “Bennie, we think the firm has done an excellent job so far. We’re going to stick with you.”
“Thank you so much.” Bennie smiled, still tightly. “An excellent decision with which to start the day.”
Anne grinned, her relief obvious. “I’m so glad, guys. I promise we will get through this to
gether. We are in the right in this lawsuit, and I know that we can prove it. We’re stronger than ever before. All of us are completely on board and ready to fight for you.”
“I agree,” Mary joined in, because they needed to hear it from her, too. “You should have absolute confidence, going forward.”
Judy nodded. “You have our full attention, and we’re devoting ourselves to this case. It’s what John would’ve wanted. His funeral service is tomorrow, by the way. I made the arrangements.”
“Well done, Carrier,” Bennie said, and just then, Mary noticed her phone screen light up with a text alert. It was from Lou and read:
Check your email. I got something on Shanahan.
CHAPTER TWENTY-EIGHT
Mary and Judy made it through the gauntlet of press outside the Roundhouse, rode upstairs in the grimy elevator, and got out in the lobby, where Mary put a steadying arm on her best friend’s shoulder. “The key thing is, don’t worry.”
“How can I not?” Judy grimaced.
“Because you’re innocent and you’re in excellent hands.” Mary flashed her a smile that was intended to be reassuring, though it took effort. “Detective Krakoff said you could go to the lab directly. Just give them your samples and obviously don’t say anything.”
“Of course not.”
“I’ll come get you when I’m finished. I won’t be long. Don’t go back into the squad room on any account.” Mary gave her a brief hug. “See you in about twenty minutes.”
“Bye.” Judy rallied, turning away and striding down the hall toward the lab, and Mary went down the hall in the opposite direction, getting buzzed into a bustling squad room full of detectives. She was shown to Detective Krakoff, who took her into an interview room, where they could talk privately.
“So is Ms. Carrier giving her samples?” he asked, sitting down.
“Yes.” Mary sat opposite him, her phone in her lap, and she didn’t hide her contempt for what happened the last time. “That was quite a stunt you pulled with the engagement ring.”
“It was no stunt.”
“Yes, it was, and it was unprofessional.” Mary met his eye directly. “I’ve worked my share of murder cases and I know detectives here. I don’t know a single one who would’ve pulled crap like that.”
“I got the answer I wanted.” Detective Krakoff blinked, his expression impassive. “Ms. Carrier was the victim’s girlfriend.”
“That engagement ring doesn’t prove that. You don’t know who John bought it for, nor do you know if he was seeing any number of people. You don’t even really know if it belonged to him. He could even have been holding it for someone, a friend of his who intended to propose to his girlfriend.”
“That’s highly unlikely.” Detective Krakoff lifted a groomed eyebrow.
“But it’s certainly possible, and you can’t eliminate any of those possibilities, which is another term for reasonable doubt.” Mary wanted to shift the conversation. “In any event, you said on the phone that Judy Carrier has become a person of interest.”
“Yes, she has.”
“Why?”
“For all the reasons I told you at the interview. She was the girlfriend, and they were fighting up to and including the time when the victim was killed.”
“But she’s not yet a suspect.”
“No, a person of interest.”
“Then why do you want the samples?”
“We’re investigating. That’s our job.”
Mary let it go. “I advised her to give them because she has to legally, but they will be completely consistent with her innocence. In fact, we went to John’s apartment last night and examined the scene.”
“Oh?” Detective Krakoff look genuinely surprised, which was what Mary had hoped for.
“I have two theories about who killed John Foxman, which I’d like to share with you. The first was the one I mentioned to you, that a burglar entered through the fire escape. The window was unlocked, and the climb is easy enough. In fact it was your first thought, and sometimes the short answer is the easy one.”
Detective Krakoff didn’t say anything, but Mary didn’t need him to. She had come here for a reason. The difference between a person of interest and a suspect was a critical one, and she still had a chance to give the police information that would challenge their initial assumptions and findings. She had a credible alternative in Mike Shanahan, but she also wanted to throw as much as possible on the wall to make Detective Krakoff suspect anybody other than Judy.
“But the second theory, and one I wanted to share with you, involves facts you may not know.”
“Like what?” Detective Krakoff asked, skeptically.
“John Foxman was the guardian of his brother William, who has cerebral palsy and lives at a group home, Poplar House at Glenn Meade in Devon. The supervisor there is Michael Shanahan, and Shanahan has only been there for six months.”
Detective Krakoff slipped his hand inside his breast pocket and pulled out a pen and his skinny notepad, flipping open the cover.
Mary spelled Shanahan for him, but she was going to save the best for last. “John and Shanahan have had a contentious relationship over the past six months.”
“How do you know that? Did the victim tell you or Judy Carrier that, prior?”
“We found some papers on his desk, a draft complaint.” Mary dug in her purse, extracted a manila envelope, and handed it to Detective Krakoff. “Here are copies of the relevant documents, and you can look them over later.”
“You took these from the scene?”
“Yes. It was released early, so why not?”
“Where were they?”
“On his desk in the office.”
Detective Krakoff made a note. “How did you know they were there?”
“We didn’t.”
“How did you find them?”
“We looked.” Mary didn’t say, by accident because it didn’t sound as good. “They support everything I’m telling you. Briefly put, it takes a long time to feed William because he has difficulty swallowing, and Shanahan wanted to put William on a feeding tube, which John felt was out of expedience rather than in William’s best interest.”
Detective Krakoff started taking notes, which encouraged Mary, so she continued.
“John intended to file a complaint with the Department of Human Services regarding mistreatment of his brother by Shanahan. A copy of the draft is in the envelope. There’s no doubt that the filing of such complaint and any subsequent investigation would’ve gotten Mr. Shanahan fired from his job at Glenn Meade. It might have even prevented him from getting a job elsewhere.”
“So you’re accusing Shanahan of murder?” Detective Krakoff looked up.
“I’m trying to cooperate with you in your investigation. I think these facts are very concerning, and they provide a motive for Shanahan killing John. I think that John may have told Shanahan that he intended to file a complaint, and Shanahan may have come to John on Saturday to discuss it. John would have let him in to talk, then there could have been a fight, and Shanahan was the one who killed him.” Mary kept going because he was taking notes. “And I don’t know if John discussed the fact that he was going to file a complaint with William, but if he did, then William could be in jeopardy or even danger. If Shanahan really is the killer, then he might go as far as killing William too, to silence him.”
Detective Krakoff pursed his lips. “Have you met Shanahan?”
“Yes.”
“Did you confront him with this?”
“No, it’s new information to me. I’m asking you to follow up with him, as part of your investigation of John’s murder.”
“How do you know that the victim told Shanahan that he was going to file the complaint?”
“Because I know John. He was a prudent and fair-minded lawyer. He would have talked it out and tried to settle it with Shanahan before he filed. If he couldn’t do that, then he would’ve told Shanahan he was going to file because that’s what any good
lawyer would do. I believe John told Shanahan and I bet if you asked Shanahan, he would not be completely surprised.” Mary kept her purpose in mind. “Detective Krakoff, Shanahan is somebody that you need to be investigating. I know that you guys decide who you ‘like’ and who you don’t, then confirmation bias sets in and before you know it, the wrong person has been suspected of murder, even charged. I will not stand by and let that happen to Judy Carrier, who is completely innocent.”
“So you think Shanahan killed John to keep his job at a group home in the suburbs?” Detective Krakoff leaned backwards. “That’s a stretch, don’t you think?”
“I did at first, so I asked Lou Jacobs, a former cop and our firm’s investigator, to do some legwork for me. Lou found out that Shanahan has a history of violence.”
Detective Krakoff’s dark eyes flared briefly open. “How so? A criminal record?”
“No, but Shanahan has had three protection from abuse, or PFA, applications filed against him by his now ex-wife, named Jody Shanahan. She alleges that he assaulted her and has anger-management issues. These three incidents took place within the past two years, though she filed for divorce six months ago, which is approximately when Shanahan took the job at Glenn Meade.” Mary gestured at the envelope. “A copy of the court docket is included in the packet I just gave you.”
“So was he charged?” Detective Krakoff set the notebook aside and opened the manila envelope.
“No, because his ex-wife dropped the application after she filed it, each time. That’s why Glenn Meade didn’t pick it up on a reference check before he was hired. We ran a basic computer background check, and he has no criminal record, so you may not have his fingerprints on file or in any database.” As Mary spoke, Detective Krakoff took the papers out of the envelope and started reading, so she kept going. “I strongly suggest that you investigate Shanahan and get some samples from him. It may very well be his fingerprints and other trace evidence that you find on the base of that lamp. Because I know it will not be Judy Carrier’s. And you’ll know that too, as soon as the lab analyzes the samples they’re taking now.”