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The Christmas Present

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2018
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“Maybe.”

As Rafael hustled to catch up with the rest of the guys, he couldn’t shake the feeling that he’d seen the new kid before. Anymore than he could ignore how uncomfortable that knowledge made him.

“THANKS SO MUCH FOR seeing me today.” Vivian extended her hand to each homicide detective in turn. “It’s nice to meet you both.”

“Same here.” Detective Anthony Barnes nodded to her, a lock of his too-long, sand-colored hair falling over his baby face as he did so. He looked younger than Diego, and the idea that this guy had arrested her client for murder threw her for a major loop.

“You want some coffee?” demanded Daniel Turner, the other detective, even as he raised a hand to signal the waitress.

“That’d be great,” she said, though she’d already had an entire pot of the stuff that morning. But she didn’t want to seem prickly, especially since these two had been nice enough to meet with her when other detectives would have turned up their noses.

She smiled at Turner, and was glad to see that he, at least, looked like her idea of a homicide detective. A little overweight, a little rumpled, with lines in his face that showed every one of his forty-odd years, he seemed like he’d been doing this job for a long time.

“Thanks again for meeting me,” she said, in an effort to keep everything cordial. “I know how busy you are.”

“That’s okay.” Turner shrugged. “We wanted to get a look at the woman who was defending that piece of scum, anyway.”

Maybe he’d been on the job too long, Vivian thought, as sheer strength of will kept a pleasant expression on her face. “So, you’re really convinced Diego did it?”

“We’re not in the habit of arresting people for murder if we think they’re innocent.” The detective’s voice was deliberately bland.

“Of course. I wasn’t trying to imply that you did. It’s just that after reviewing the case, so much of the evidence seems circumstantial to me.”

“Enough circumstance adds up—if you know what I’m saying.”

“I do. But still, why Diego? I know you always look at the boyfriend or husband first, but sometimes he isn’t the killer.”

“Most of the time he is.” Turner reached for one of the little packets of half-and-half and ripped it open. “In this case, Sanchez is definitely it. He’s practically got a scarlet A branded into his chest.”

“Why? Witnesses say they saw him drop the victim off at her house at least a couple hours before she was murdered.”

“Yeah, but that doesn’t mean he didn’t circle back,” Barnes interjected. She glanced at him and was surprised at how uncomfortable he looked, as if he’d rather be anywhere but in this crappy little coffee shop.

Deciding to push him, she replied, “It doesn’t mean he did, either. It seems to me he really loved that girl.”

“Yeah, well, appearances are deceiving. If you learn nothing else in this foray of yours into criminal court, learn that,” Turner said, before Barnes could speak.

“Oh, I think that’s a lesson I’ve already learned.” Vivian smiled sweetly at him as she let her eyes run over him from head to toe.

He flushed. “Good. Because no one else had motive, means and opportunity.” He tore open two packets of sugar and dumped them into his coffee, then took a huge swig without bothering to stir it.

“Means?” she asked as she went over the file in her head for what felt like the millionth time. “I didn’t see anything in the case file about you finding the murder weapon.”

“I don’t need a weapon. That kid was popped for carrying a knife before he was twelve years old. He definitely knows his way around a switchblade.”

“Yes, but the case was dismissed as self-defense. Besides—”

“Self-defense, my ass. Is that what he called murdering his unborn kid?” Turner snorted, then shook his head as he repeated, “Self-defense.”

“Besides,” she said again, “Diego hasn’t been in any trouble since then—no fights, no problems at school, no drugs. His school counselor seems to think he’s had a pretty rough time of it.”

“Yeah, well, the vic sure as hell didn’t have an easy time of it either. Pregnant at sixteen, living with two of the scummiest dealers in—” He stopped abruptly, but it was too late and he seemed to know it.

Vivian was careful to keep a neutral expression as she seized on the opportunity Turner had inadvertently provided.

“So, you do know Esme’s brothers deal drugs?” She made sure to direct the question to both detectives, then watched as Turner’s face turned beet-red. But his reaction wasn’t nearly as interesting as Barnes’s was. The young detective started drumming on the table with the same nervous energy Diego had displayed when she was questioning him a few nights before.

Trying to capitalize on his obvious discomfort, she leaned forward and asked softly, “Why didn’t you at least look at the brothers—or their rivals—when Esme turned up dead, Anthony?”

“We did.” Once again it was Turner who answered. “There was nothing there.”

“Nothing there? They’re gang members and drug dealers, and both have been in and out of the system for years. How can there be nothing there?”

“Because they didn’t kill her!”

“Maybe, but what about other gangs? Other dealers? I hear there’s always a turf war going on in this neighborhood.”

“What do you know about this neighborhood?” Turner didn’t bother to hide his contempt. “You’re over here doing your little pro bono case, and as soon as it’s done you’ll run as far and as fast as you can back to where you belong.”

“Where I’m from is not the issue here.”

“Well, it should be. You do-gooders are all alike. You come over here thinking you can save some kid who doesn’t deserve to be saved. Maybe you save him, maybe you don’t, but either way you make life ten times harder for the victim’s family while you’re doing it. And then you just walk away.”

“What about arresting an innocent man?” she asked quietly. “How does that affect the victim’s family?”

Turner’s face went from red to purple, and for a second Vivian feared he might be having a stroke, but when he spoke, his voice was steady and poisonous. “I wouldn’t know. Your client did it and he’s going down for it. He’ll be lucky if he doesn’t get a needle in the arm by the time the D.A.’s done with him. Killing a pregnant woman counts as special circumstances.”

“Yes, well, the judge didn’t think that scenario was very likely. Otherwise Diego never would have had a chance to make bail.” She gave as good as she got, refusing to back down.

“Look, lady, we’ve got motive, means and opportunity. That’s a slam dunk.”

“Really? Because when I was looking through the file, it seemed to me that you had nothing. What’s the motive again?”

“He didn’t want the baby. According to Esme’s friends and brothers, Diego was getting cold feet.”

“These are the same brothers that we’ve already established deal drugs?” she asked. “The ones with the shady rivals?”

“That doesn’t make them liars.”

“No, but it doesn’t make them paragons of reliability, either. What else have you got?”

“He could come and go any time from Esme’s place—that’s opportunity.”

“Yeah, but nobody saw him there and he has an alibi.”

“Somebody did see him—the woman who lives across the street—and his alibi’s shaky.”

“So’s your evidence, but you don’t see me whining about that, do you? Your witness is a ninety-three-year old Chinese woman with cataracts. If I paraded Santa Claus in front of her, she’d finger him as the killer.”
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