Getty was shaking his head, and Kellerman stopped when he realized his boss’s mind was set.
“I’m taking this case away from you,” Getty said, “and I’m going to dismiss it with prejudice. That’s the deal I’ve made with Robin in exchange for a promise by her to keep the reason for the dismissal between us.
“I’ll go to Judge Greenwood in chambers and say we’ve reevaluated the evidence. That way the real reasons for the dismissal won’t come out. I’m doing it this way to protect Mrs. Armstrong’s reputation. Is that acceptable to you, Robin?”
“Yes. If Mrs. Armstrong wants to tell Doug what she’s done, it will be her decision. My impression is that she greatly regrets the affair.” Robin turned to Kellerman. “I don’t trust you, Rex, so I’m warning you. If your affair with Mrs. Armstrong becomes public, I will have you disbarred.”
“Okay, Robin,” Getty said. “I think Rex gets the point. Now I’d like you to leave us. I have a few more things I want to discuss with Rex. I’ll let you know when Mr. Armstrong can go home. I’ll try to dismiss soon.”
When they were alone, Getty looked at Kellerman. “I’m also keeping the reason for dismissal quiet so you can resign from your position without anyone knowing why you left.”
“You’re firing me?” Kellerman asked in disbelief.
“I don’t see how I can keep you on after this. You’re a good lawyer, Rex. You’ll probably be able to get a job with a firm if no one learns why you quit. I wish you the best, but I can’t have you on my staff anymore.”
“Come on, Paul. It was one slipup.”
“That’s not true. Judge Wright met with me after the conclusion of the Henderson case and told me how you lied about your rebuttal witness. He wanted to file a bar complaint, but I talked him out of it. That was a mistake on my part. If you’d been forced to answer that complaint, maybe you would have understood that there are consequences if you violate your oath as an officer of the Court.”
“Armstrong is a killer, Paul. Our job is to protect the public by putting killers where they can’t hurt the citizens of Oregon.”
Getty looked sad. “You don’t get it, do you, so let me put this in plain English: You fucked Doug Armstrong’s wife. By keeping that fact secret, you’ve forced me to dismiss his case with prejudice. That means he can never be prosecuted for Nylander’s murder. So, if he is guilty, you also fucked the people of Oregon.
“You should have taken yourself off the case immediately and you should have told me about the affair immediately. I’m not even going to get into the DNA evidence. You’ve left me no choice. There’s no way I can justify keeping you on my staff after what you’ve done.”
CHAPTER FORTY-FOUR
Robin and Marsha were waiting for Doug in the jail reception area. As soon as he walked out of the elevator, Marsha ran to him and threw herself into his arms. Robin waited while the couple had their moment.
When they broke their embrace, Doug saw Robin. He put his arm around Marsha’s shoulders and the couple walked over. They were both smiling.
“I don’t even know how to begin to thank you. You’ve been extraordinary.”
“I just did my job, Doug.”
“How did you get Paul Getty to dismiss my case with prejudice?”
“I had a lot of help from Rex Kellerman. The DNA test of the blood sample under Frank’s fingernail was the only concrete evidence Rex had. The test results he gave to me said there was a match between your DNA and the DNA extracted from the blood. But there was a test that was conducted before the test results Rex gave us in discovery. That first test came out inconclusive.
“As you know, a prosecutor is required to give the defense any evidence that supports an argument that the defendant is innocent, but Rex didn’t do that. When he didn’t like the result, Rex bribed Dr. Nilson, the head of the lab, to do a retest. Dr. Nilson shaded the results to come out with a positive match.
“When I confronted Dr. Nilson, he confessed to screwing around with his calculations so the test came out positive. When Paul heard what Rex had done, he was very upset.”
Doug’s face flushed with anger. “That little prick. I’m going to see that Kellerman is disbarred.”
Robin put a hand on Doug’s forearm. “I think we should talk about what you should do when you’ve had some time to think. Getty has given Rex his walking papers. He also made Rex promise that he wouldn’t run for Multnomah County DA.”
“What about my reputation? Everyone is going to think I killed Frank and got off on a technicality.”
“I thought of that. Paul has agreed to hold a press conference. He’s going to apologize to you publicly, and he’s going to tell everyone that there is no evidence that you killed Frank.”
“Getting fired isn’t enough punishment for what Kellerman did to me.”
“Agreed, but getting your life back on track and putting this behind you might be better for your peace of mind than seeking revenge.” Robin squeezed Doug’s forearm. “You hired me so I could give you objective, unemotional advice, and that’s what I’m doing. Go home, take a shower, eat a good meal, and get a decent night’s sleep. Then call me. We’ll talk about what to do with Kellerman when you’re calmer.”
Doug sighed and the tension left him. “You’re a really good lawyer, Robin. I’m going to follow your advice. Especially the part about the shower and the decent meal. The food in this place is awful.”
Robin laughed. Marsha hugged her. Then Marsha and Doug walked out of the jail, into the sunlight. Robin headed back to her office, praying that she could head off Doug before he did something that would force Rex to reveal his affair with Marsha.
Freeing an innocent man from prison was the greatest reward a criminal defense attorney could receive, but freeing Doug and saving his marriage were something she was going to work hard to achieve.
PART FIVE
SOMETHING ODD
CHAPTER FORTY-FIVE
Vanessa Cole waited until she had shut the door to her new office before breaking into a huge grin. She still could not believe the surprising turn of events that had made her the district attorney for Multnomah County. It all started with Rex Kellerman’s startling resignation and his declaration that he had no plans to run for Paul Getty’s seat. Two weeks later, Paul suffered a stroke and announced that he was retiring. Then, yesterday, the governor summoned Vanessa to tell her that she was going to follow Paul’s recommendation and appoint her to the post.
Vanessa wondered if she would miss trying cases and how she would feel about being an administrator. She knew she would enjoy instructing her fellow prosecutors on the ethical standards she would demand that they follow—lessons Rex Kellerman could have used.
Vanessa detested Kellerman and was ecstatic when she learned he was leaving. Rex was smug, egotistical, condescending, and rude. Several women had complained that he’d made sexual advances or harassed them. What was far worse—though she could never prove it—was Vanessa’s belief that Rex had manufactured evidence to gain convictions. Everyone knew about the Henderson case, and Vanessa was certain that Henderson wasn’t the only time Kellerman had ignored the discovery rules; it was just the only case where he had been caught.
Vanessa didn’t know the story behind Kellerman’s rapid exit, but there were rumors galore. Paul had personally dismissed all the charges against Doug Armstrong the day after Rex quit, so Vanessa was pretty certain that something had happened in Armstrong’s case.