The Cutting Edge (Lincoln Rhyme #14)(78)

“Now, Captain Rhyme, as a first matter…”

“I’m retired and, please, ‘Lincoln’ is fine.”

“And I am Tony. Now the first thing. I will give you this.” He pushed an envelope toward Rhyme. “It’s a one-thousand-dollar retainer. Which makes you a contractor with the defense team. The attorney-client privilege extends to you now.”

So they would not have to speak hypothetically any longer.

Carreras-López hesitated as he held out a receipt, his eyes on Rhyme’s arm.

“I can sign,” Rhyme said, and he took the pen the lawyer offered and jotted his signature on the document. “Now. The details?”

“Yes. In essence: My client came into the U.S. illegally. We admit this. He flew to Canada on a commercial flight and entered legally into that country. But then he flew in a helicopter to Long Island, entering illegally. Yes, the craft flew under the radar, but that is not illegal in a helicopter. There are no minimum altitude requirements. So there is no FAA violation. El Halcón was met by a bodyguard who worked for the owner of a warehouse that El Halcón was going to buy. While the pilot waited, they drove to this complex so Mr. Capilla could look it over and discuss the purchase with the man.”

“Any controlled substances anywhere in this scenario?”

“No, sir. Absolutely not. The warehouse was solely for a transportation company that my client wanted to start up in America.”

“Aside from this, any warrants on your client?”

“None.”

“Then why enter illegally?”

“The answer is that my client’s profession in Mexico is well known. It is suspected that he is responsible for the influx of large quantities of drugs into the U.S. He was concerned that he would be detained at Passport Control on technicalities. Perhaps imprisoned on trumped-up charges.”

“Go on.”

“At the warehouse my client met with the owner of the facility—”

“His name?”

“Christopher Cody. They discussed the terms of the deal and my client took a tour. Now, it happened that Cody was under investigation on some weapons charges. Completely independent of my client. El Halcón did not know this. A local police officer was conducting some surveillance. When my client and the bodyguard showed up he grew suspicious. He thought these might be arms dealers. He sent a picture of my client to his office, which alerted the FBI. They identified my client, checked with Border Protection and learned he had entered illegally. A team of FBI and some local police hurried to the warehouse. A gunfight ensued. Mr. Cody and his bodyguard were killed, and one FBI agent and the local officer who had taken the photos were badly injured.”

Facts Rhyme was aware of.

“The prosecution claimed what?”

A shrug. “What they always claim. That officers and agents approached, calling for surrender, and the men inside opened fire.”

“And your client’s story?”

“The officers fired first without identifying themselves and the men in the warehouse returned fire. They believed it was a robbery or hijacking. In any event, my client did not participate. He was in the restroom at the time. On the floor, hiding, so he would not be hit by a stray bullet. And, quite frankly, terrified. There he stayed until the firing stopped. He came out, saw what had happened and was arrested.”

“Did the other men with him, inside, give any statements?”

“Mr. Cody was killed instantly, a shot in the head. The bodyguard survived for a day but never regained consciousness.”

“Tell me about the tainted evidence.”

“You see, when my client was being arrested he was placed facedown on the floor of the warehouse. At one point, an agent or officer—he couldn’t see who—came up to him and searched him. But then my client felt something pressed against his hands and clothing. It was cloth. He is sure the officer was transferring gunshot residue he’d lifted from Cody’s hands. When he asked what the man was doing, my client was told, ‘Shut the fuck up. Two of our guys’re shot to hell. You’re going away forever.’”

Rhyme said, “So the prosecution claims that after Cody was killed, your client picked up his gun and shot the officer?”

“That’s right.”

“Friction ridges—fingerprints—on the weapon?”

“Only Cody’s, not my client’s. There were no gloves or rags nearby he might’ve used to hold the gun but the prosecutor’s position is that he undid his shirt cuff button and held the pistol in the sleeve. That would explain the gunshot residue and the absence of fingerprints.”

“Clever theory. What are the exact charges?”

“The illegal entry into the U.S.—it’s called ‘entry at improper time or place’ under the statute. The charge carries a fine and imprisonment of up to six months. A federal misdemeanor. The other charges are what you’d expect: weapons, assault on a law enforcement officer, attempted murder of a law enforcement officer, Cody’s death—felony murder. We admit he was in the country illegally and he is willing to plead to that. So, now, that is our situation.” He eyed Rhyme closely. “You said you were busy. Working a big case.”

“I am, yes.”

“I am asking you is it possible to take some time and look at the evidence, see if you can find proof that the officers at the scene planted that residue?”