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The Last Honest Vote CHAPTER 16

Chapter 16 — The Hours Between

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MAKE YOURSELF HEARD

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Soto's lawyer, Voss, put a photograph on the lectern and covered half of it with her hand.

It lay beside the two translations Paloma Rios had authenticated that morning. I had been there for her evidence this time. Before Reed took the chair, the new prosecutor, Han, played the sentence at ordinary speed, then asked her to read her English version.

“I saw the blue cloth under the tape before the police arrived.”

Voss asked whether the Spanish could mean he had been told afterward.

“No,” Rios said. “Vi is I saw. Antes de que is before. There is no person telling him anything in that sentence.”

“Your translation doesn't establish whether the speaker was truthful.”

“It establishes what he said.”

Han put the supplied English page beside her original. Someone had removed the cloth, changed seeing to being told and moved the knowledge until after the police arrived. My note had preserved the question long enough to put both pages here. The rest belonged to people who could be questioned under oath.

“Which person is my client?”

Reed leaned forward in the witness chair. “From that image alone, I can't identify him.”

“Thank you.”

She moved the photograph aside before he could add anything.

Amelia had checked that I could attend Soto's preliminary hearing. We sat behind June, in a different courtroom from the one where I had been a juror. There were no twelve chairs waiting to be filled here. The question was whether the case would go forward, not whether this was the day somebody would be convicted.

I remembered her black case from the corridor. She left it open beside her feet, ready for the next paper.

“The vehicle allocation bears Paul Marin's name,” she said.

“Yes.”

“The receipt was supplied by Paul Marin.”

“Yes.”

“Mr. Marin now wants the Commonwealth to believe he was arranging things for somebody else.”

“He's provided an account to that effect.”

“He was arrested first.”

“Yes.”

“And interviewed about serious offenses of his own.”

“Yes.”

Voss let him say it each time. She didn't need to ask whether a frightened man could lie about a friend. She had given the room time to think of it.

Beside June, Leah's brother sat with both feet planted far under his chair. He was looking at Soto.

Soto was looking at the photograph.

The van was close to a loading door. A person stood beside it, one shoulder lost against the dark bodywork. I had seen that same shape in the filed materials. It did not acquire a face because I wanted it to.

Reed had joined the homicide investigators as the cases converged. He had explained how the image was retained during the first investigation. The vehicle allocation placed Marin in the van; he supplied a collection receipt. Soto's separately documented visit came the following morning. In the first case, those accounts had been treated as different journeys by different people.

Voss picked up the next page.

“This is Peter Rusk's access card.”

“The entry was made using that card.”

“Not my client's.”

“No.”

At the original trial I had thought the card was a door closing on Rusk. Now I watched it being used to open another one for Soto.

“An access record tells you a card was used,” Voss said. “It doesn't identify the hand.”

“Correct.”

She sat down.

Han waited while the judge made a note. He had none of Ward's tidy gestures. His papers were held together with a large metal clip and he kept losing the page he wanted beneath the one he'd just used.

“Investigator Reed, did your investigation stop at the allocation sheet?”

“No.”

“Explain what you obtained.”

Reed described the vehicle provider's location records and the original messages arranging the booking. Then the record behind Marin's collection receipt. The stated collection window put the van at a supplier. The location record put it by the warehouse.

“How long?”

“From shortly after eight until nine sixteen.”

“Did the supplier confirm the collection as represented?”

“No.”

The picture stayed on the lectern. Its indistinct driver had not changed. What stood around it was changing.

There were objections over documents and the purpose for which particular material could be used. I listened while the judge ruled. Han did not get to keep every sentence Reed began. Voss did not get to stop the hearing by pointing at one bad photograph.

A booking request came from Soto's account. A later message from Marin discussed the receipt. Those messages did not turn a van into a person. They made Marin's new account something that could be checked against a record older than his arrest.

Then Han asked about the blue cloth.

Reed looked toward the public seats for the first time. Not at me in particular. His gaze passed over all of us before he answered.

“The first responders removed the binding from Ms. Nunez's wrists while attempting to assist her. Beneath the tape on the left was a piece of blue cloth. It was collected and photographed.”

“Was that detail in the images released publicly?”

“No.”

“The original-language interview mentions blue cloth beneath tape, as Ms. Rios has just testified. Does that correspond to the item collected?”

“Yes. Beneath the left wrist binding. The initial scene images available to the public do not show it. The responders' collection record does.”

“Mr. Soto's later evidence placed his first visit when?”

“The next morning. After the body had been removed.”

I had heard him say it. A helpful contractor arriving too late to help.

Han put Rios's original translation beside the next-morning account. The supplied version had allowed a phone call after the discovery; it did not require Soto to see the binding. The recorded words did.

Before the police arrived.

I could hear Soto's voice saying it. I could also hear Voss preparing the obvious question. Knowing a detail didn't make a person a killer. Somebody could tell him. Somebody could show him a picture. A man could go to a warehouse early and lie afterward because he was ashamed, or frightened, or trying to protect someone.

Voss stood when her turn came.

“Did my client say in that interview, I killed her?”

“No.”

“And the corrected translation does not say it.”

“No.”

“Thank you.”

She looked toward the front of the courtroom, ready to sit, then changed her mind.

“Your own first account of this case identified another person as responsible, did it not?”

Reed did not rush.

“The evidence against Mr. Rusk included his message, the access record and Mr. Soto's account of events. We are now examining Mr. Soto's conduct as well.”

“That wasn't my question.”

The judge intervened. There was another question, narrower, and Reed answered it. The original theory had been different. The court was not being asked to forget that.

I put my hands flat on my knees. I had wanted a hearing in which the man I feared became visibly guilty. Instead, there were people refusing to let a record become better than it was.


The blood evidence had been introduced with its supporting account earlier in the hearing. The sample came from a removable section of the van's floor covering. It was attributed to Leah, with the analysis and its limitations available for challenge. Voss questioned the recovery, the use of the vehicle and what the result could establish. She did not pretend the sample was absent because the driver in the photograph had no face.

Han returned to the reason for the meeting at the warehouse. Leah had been offered original records. Rusk had supplied access and an instruction to stop the names leaving. There were communications about the arrangements. The financial work linked those names to claims submitted through Soto's organization.

It was not a speech about good men and bad men. It was a question of who had a reason to be there, what they did there and which account survived the things they couldn't persuade to change.

When the judge found sufficient grounds for the charges to proceed, Soto closed his eyes. His lawyer put a hand on the back of his chair. He opened them before she took it away.

There had been no verdict. June's notebook did not say there had.

Outside, I watched her put the notebook in her bag beside a copy of Leah's press photograph. Leah's brother, Tomas, waited while she found her car keys. She had told me his name before we went inside. We hadn't spoken.

“Is it enough?” I asked June.

“For the next part. That's what the hearing was for.”

“I meant—”

“I know.” She stopped looking for the keys. “I want to skip ahead too.”

For a moment neither of us spoke.

“Did she know how dangerous he was?” I asked.

“She knew he was dishonest. He'd offered her records in a city building. She told people where she was going. She expected a file clerk or an excuse.”

Tomas looked away.

“Don't work backward until you find the thing she should've done,” she said. “That's not how the person who killed her gets to hand the responsibility back.”

“I'm sorry.”

She found the keys at last. Tomas took the driver's door; she went around the other side. I stepped out of the way while they reversed.

That evening I took Nico's school project out of the cupboard and put it in a folder that would keep the staples from tearing through. I did not add the new hearing to it. It was a child's account of a mother. I had other pages for what came after.

End of chapter 16