“That’s right. But Kloster knew he was on thin ice. He might get the girl to ID Wilbern but then he’d lose it in court for being unduly suggestive-you know, ‘Is this the guy?’ So he did the next best thing he could. He took all three drivers in their overalls back to the Landy house. Each was a white man in his twenties. They all wore the company overalls. Kloster broke procedure for the sake of speed, hoping to have a chance to find the girl alive. Sarah Landy’s bedroom was on the second floor in the front of the house. Kloster takes the girl up to her room and has her look out the window to the street. Through the venetian blinds. He radios his partner, who has the three guys get out of two patrol cars and stand in the street. But Sarah doesn’t ID Wilbern. She points to Jessup and says that’s the guy.”
Maggie looked through the documents in front of her and checked an investigative chronology before continuing.
“The ID is made at one o’clock. That is really quick work. The girl’s only been gone a little over two hours. They start sweating Jessup but he doesn’t give up a thing. Denies it all. They are working on him and getting nowhere when the call comes in. A girl’s body has been found in a Dumpster behind the El Rey Theatre on Wilshire. That was about ten blocks from Windsor and the Landy house. Cause of death would later be determined to be manual strangulation. She was not raped and there was no semen in the mouth or throat.”
Maggie stopped her summary there. She looked at Bosch and then me and solemnly nodded, giving the dead her moment.
Six
Tuesday, February 16, 4:48 P.M.
Bosch liked watching her and listening to the way she talked. He could tell the case was already under her skin. Maggie McFierce. Of course that was what they called her. More important, it was what she thought about herself. He had been on the case with her for less than a week but he understood this within the first hour of meeting her. She knew the secret. That it wasn’t about code and procedure. It wasn’t about jurisprudence and strategy. It was about taking that dark thing that you knew was out there in the world and bringing it inside. Making it yours. Forging it over an internal fire into something sharp and strong that you could hold in your hands and fight back with.
Relentlessly.
“Jessup asked for a lawyer and gave no further statement,” McPherson said, continuing her summary. “The case was initially built around the older sister’s identification and evidence found in Jessup’s tow truck. Three strands of the victim’s hair found in the seat crack. It was probably where he strangled her.”
“There was nothing on the girl?” Bosch asked. “Nothing from Jessup or the truck?”
“Nothing usable in court. The DNA was found on her dress while it was being examined two days later. It was actually the older girl’s dress. The younger girl borrowed it that day. One small deposit of semen was found on the front hem. It was typed but of course there was no DNA in criminal prosecutions back then. A blood type was determined and it was A-positive, the second-most popular type among humans, accounting for thirty-four percent of the population. Jessup matched but all it did was include him in the suspect pool. The prosecutor decided not to introduce it at trial because it would’ve just given the defense the ability to point out to the jury that the donor pool was more than a million men in Los Angeles County alone.”
Bosch saw her throw another look at her ex-husband. As if he were responsible for the courtroom obfuscations of all defense attorneys everywhere. Harry was starting to get an idea about why their marriage didn’t work out.
“It’s amazing how far we’ve come,” Haller said. “Now they make and break cases on the DNA alone.”
“Moving on,” McPherson said. “The prosecution had the hair evidence and the eyewitness. It also had opportunity-Jessup knew the neighborhood and was working there the morning of the murder. As far as motivation went, their backgrounding of Jessup produced a history of physical abuse by his father and psychopathic behavior. A lot of this came out on the record during the death penalty phase, too. But-and I will say this before you jump on it, Haller-no criminal convictions.”
“And you said no sexual assault?” Bosch asked.
“No evidence of penetration or sexual assault. But this was no doubt a sexually motivated crime. The semen aside, it was a classic control crime. The perpetrator seizing momentary control in a world where he felt he controlled very little. He acted impulsively. At the time, the semen found on her dress was a piece of the same puzzle. It was theorized that he killed the girl and then masturbated, cleaning up after himself but leaving one small deposit of semen on the dress by mistake. The stain had the appearance of a transfer deposit. It wasn’t a drop. It was a smear.”
“The hit we just got on the DNA helps explain that,” Haller said.