The Late Show (Renée Ballard #1)(112)
“This was not our first go-round with CIU, so we have our own protocol,” Tapscott said. “This is us opening the box. We video the whole thing. Doesn’t matter that they have their own cameras down there. And as you can see, no seal is broken, no tampering.”
The video showed Soto displaying the box to the camera, turning it over so that all sides and seams could be seen as intact, as well as the red tape that sealed it and was wrapped twice around it for good measure—a habit Bosch had employed for decades when archiving evidence. Soto manipulated the box in a bored manner and Bosch read that as her thinking they were wasting their time on this one. At least up until that point, Bosch still had her in his court.
Soto then used a box cutter attached by a wire to an examination table to slice through the evidence tape and open the box. As she started removing items from the box, including the victim’s clothing and an envelope containing her fingernail clippings, she called each piece of property out so it would be duly recorded.
Before the video was over, Tapscott pulled the phone back and killed the playback. He then put the phone away.
“On and on like that,” he said. “Nobody fucked with the box. What was in it had been there from day one.”
Bosch was silent for a long moment as he considered for the first time that his thirty-year belief that he had put a sadistic killer away for good was bogus.
“Where’d they find it?” he finally asked.
“Find what?” Kennedy asked.
“The DNA,” Bosch said.
“One microdot on the victim’s underwear,” Kennedy said.
“Easy to have missed back in ’eighty-eight,” Soto said. “They were probably just using black lights then.”
Bosch nodded.
“So what happens now?” he asked.
Soto looked at Kennedy. The question was his to answer.
“There’s a hearing scheduled in department one-sixteen next Wednesday,” the prosecutor said. “We’ll be asking Judge Houghton to vacate the sentence and release Borders from death row.”
“Jesus Christ,” Bosch said.
“He has a lawyer and he’ll be filing a claim against the city,” Kennedy continued. “We’ve been in contact with the City Attorney’s Office. We’re probably talking about a settlement well into seven figures.”
Bosch looked down at the table. He couldn’t hold anyone’s eyes.
“And I have to warn you,” Kennedy said. “If a settlement is not reached and he files a claim in federal court, he can go after you personally.”
Bosch nodded. He knew that already. A civil rights claim filed by Borders would leave Bosch personally responsible for damages if the city chose not to cover him. Since two years ago Bosch had sued the city to reinstate his full pension, it was unlikely that he would find a single soul in the City Attorney’s Office interested in indemnifying him against damages collected by Borders. The one thought that pushed through this reality to him was of his daughter. He could have nothing but an insurance policy to leave her.
“I’m sorry,” Soto said. “If there were any other...”
She didn’t finish and he slowly brought his eyes up to hers.
“Nine days,” he said.
“What do you mean?” she said.
“The hearing’s in nine days. I have until then to figure out how he did it.”
“Harry, we’ve been working this for five weeks. There’s nothing. This was before Olmer was on anybody’s radar. All we know is he wasn’t in jail at the time and he was in L.A.— we found work records. But the DNA is the DNA. On her clothing, DNA from a man later convicted of multiple abduction-rapes. Similar to Skyler without the death. I mean, no D.A. in the world would touch this or go any other way with it.”
Kennedy cleared his throat.
“We came here today out of respect for you, Detective, and all the cases you’ve cleared over time. We don’t want to get into an adversarial position on this.”
“And you don’t think those cases are affected by this?” Bosch said. “You open the door to this guy and you might as well open it for every one of the people I sent away. If you put it on the lab—same thing. It taints everything.”
Bosch leaned back and stared at his old partner. He had at one time been her mentor. She had to know what this was doing to him.
“It is what it is,” Kennedy said. “We have an obligation. ‘Better that one hundred guilty men go free than one innocent man be imprisoned.’”
“Spare me your bastardized Ben Franklin bullshit,” Bosch said. “I put Borders in the vicinity of all three of those women’s disappearances and your office passed on two of them, some snot-nosed prosecutor saying there was not enough. This doesn’t fucking make sense. I want the nine days and I want access to everything you have and everything you’ve done.”
He looked at Soto as he said it but Kennedy responded.
“Not going to happen, Detective,” he said. “As I said, we’re here as a courtesy. But you’re not on this case anymore.”
Before Bosch could counter, there was a sharp knock on the door and it was cracked open. Bella Lourdes stood there. She waved him out.
“Harry,” she said. “We need to talk right now.”