One Shot

“This is the right guy,” he said.

“We can’t let him say anything,” the ADA said again. “We need to keep this kosher.”

“I’m going to Mirandize him anyway,” Emerson said. “Make a mental note, people.”

He shook Barr by the shoulder and got half-opened eyes in response. Then he recited the Miranda warning. The right to remain silent, the right to a lawyer. Barr tried to focus, but didn’t succeed. Then he went back to sleep.

“OK, take him in,” Emerson said.

They wrapped him in a blanket and two cops dragged him out of the house and into a car. A paramedic and the ADA rode with him. Emerson stayed in the house and started the search. He found the scuffed blue jeans in the bedroom closet. The crepe-soled shoes were placed neatly on the floor below them. They were dusty. The raincoat was in the hall closet. The beige Dodge Caravan was in the garage. The scratched rifle was in the basement. It was one of several resting on a rack bolted to the wall. On a bench underneath it were five nine-millimeter handguns. And boxes of ammunition, including a half-empty box of Lake City M852 168-grain boat tail hollow point.308s. Next to the boxes were glass jars with empty cartridge cases in them. Ready for recycling, Emerson thought. Ready for handloading. The jar nearest the front of the bench held just five of them. Lake City brass. The jar’s lid was still off, like the five latest cases had been dumped in there recently and in a hurry. Emerson bent down and sniffed. The air in the jar smelled of gunpowder. Cold and old, but not very.

Emerson left James Barr’s house at four in the morning, replaced by forensic specialists who would go through the whole place with a fine-tooth comb. He checked with his desk sergeant and confirmed that Barr was sleeping peacefully in a cell on his own with round-the-clock medical supervision. Then he went home and caught a two-hour nap before showering and dressing for the press conference.

The press conference killed the story stone dead. A story needs the guy to be still out there. A story needs the guy roaming, sullen, hidden, shadowy, dangerous. It needs fear. It needs to make everyday chores exposed and hazardous, like pumping gas or visiting the mall or walking to church. So to hear that the guy was found and arrested even before the start of the second news cycle was a disaster for A

So A

The Chief yielded the floor to Detective Emerson after about ten minutes. Emerson filled in full details on the perp’s identity and his history. He kept it dry. Just the facts, ma’am. He outlined the investigation. He answered questions. He didn’t boast. A

Then Rodin stepped up. The DA made it sound like the PD had been involved in some early minor skirmishing and that the real work was about to begin. His office would review everything and make the necessary determinations. And yes, Ms. Ya

James Barr woke up in his cell with a chemical hangover at nine o’clock Saturday morning. He was immediately fingerprinted and re-Mirandized once, and then twice. The right to remain silent, the right to a lawyer. He chose to remain silent. Not many people do. Not many people can. The urge to talk is usually overwhelming. But James Barr beat it. He just clamped his mouth shut and kept it that way. Plenty of people tried to talk to him, but he didn’t answer. Not once. Not a word. Emerson was relaxed about it. Truth was, Emerson didn’t really want Barr to say anything. He preferred to line up all the evidence, scrutinize it, test it, polish it, and get to a point where he could anticipate a conviction without a confession. Confessions were so vulnerable to defense accusations of coercion or confusion that he had learned to run away from them. They were icing on the cake. Literally the last thing he wanted to hear, not the first. Not like on the TV cop shows, where relentless interrogation was a kind of performance art. So he just stayed out of the loop and let his forensics people complete their slow, patient work.

James Barr’s sister was younger than him and unmarried and living in a rented downtown condo. Her name was Rosemary. Like the rest of the city’s population, she was sick and shocked and stu

Then she forced herself to calm down, and got busy.

She worked as a secretary in an eight-man law firm. Like most firms in small heartland cities, hers did a little bit of everything. And it treated its employees fairly well. The salary wasn’t spectacular, but there were intangibles to compensate. One was a full package of benefits. Another was being called a paralegal instead of a secretary. Another was a promise that the firm would handle legal matters for its employees and their families free, gratis, and for nothing. Mostly that was about wills and probate and divorce, and insurance company hassles after fender benders. It wasn’t about defending adult siblings who were wrongly accused in notorious urban sniper slayings. She knew that. But she felt she had to give it a try. Because she knew her brother, and she knew he couldn’t be guilty.

She called the partner she worked for, at home. He was mostly a tax guy, so he called the firm’s criminal litigator. The litigator called the managing partner, who called a meeting of all the partners. They held it over lunch at the country club. From the start, the agenda was about how to turn down Rosemary Barr’s request in the most tactful way possible. A defense to a crime of this nature wasn’t the sort of thing they were equipped to handle. Or inclined to handle. There were public relations implications. There was immediate agreement on that point. But they were a loyal bunch, and Rosemary Barr was a good employee who had worked many years for them. They knew she had no money, because they did her taxes. They assumed her brother had no money, either. But the Constitution guaranteed competent counsel, and they didn’t have a very high opinion of public defenders. So they were caught in a genuine ethical dilemma.

The litigator resolved it. His name was David Chapman. He was a hardscrabble veteran who knew Rodin over at the DA’s office. He knew him pretty well. It would have been impossible for him not to, really. They were two of a kind, raised in the same neighborhood and working in the same business, albeit on opposite sides. So Chapman went to the smoking room and used his cell phone to call the DA at home. The two lawyers had a full and frank discussion. Then Chapman came back to the lunch table.