Free Executive Privilege by Phillip Margolin Page B

Erickson’s size. How did he know the layout of the mansion?”
    “I don’t know,” Brad answered, annoyed that Ginny was playing detective.
    “Why did the police arrest Little for Erickson’s murder if no one saw him go into the mansion or leave with Erickson?”
    “The big thing was the pinkie. He’d kidnap the girls, kill them, then cut off their pinkies after they were dead. The police think he kept them as souvenirs but they never found them. Erickson was missing her pinkie, and she’d been cut up the way Little had mutilated the other victims.”
    “The case still sounds weak to me.”
    “You’re right. I think Little would have had a good chance to beat it if it was his only charge, but Little was arrested for killing thirteen girls, and the state had a very strong case in several of the other murders. They didn’t prosecute Little for Erickson’s murder until he’d been convicted of two other killings. Then the prosecutor introduced evidence from those cases at Little’s trial for Erickson’s death. The MOs were so similar that they pointed to one person committing all of the crimes.”
    “What’s going on with his other cases?”
    “The Oregon supreme court affirmed so—barring a miracle in federal court—he’s going to be executed.”
    Ginny looked confused. “If he’s going to be executed twice why is he appealing this case?”
    Brad shrugged. “Beats me.”
    “Is there a chance he’s innocent?”
    “Who else could have done it?”
    “Hawkins was the last person to see her alive,” Ginny said in between bites. “One of the guards could have crept up the stairs when the others weren’t looking. And if Little snuck into the mansion, so could someone else.”
    “Some other serial killer who just happens to have an MO identical to Clarence Little’s?”
    “Good point.”
    “Anyway, none of that matters. I can’t reargue the facts in a habeas corpus case. I can only raise constitutional issues that were argued by Little in the habeas corpus hearing.”
    “Why does Little think he should get a new trial?”
    “He claims that he had an alibi for the night Erickson was murdered and his trial lawyer didn’t pursue it.”
    “So he’s going with incompetence of counsel?”
    “Yeah, but he doesn’t have any case. The trial attorney testified at the hearing. He said that Little did claim that he had an alibi but wouldn’t tell him what it was. He says he kept pressing Little for more information but Little was always so vague that he couldn’t use an alibi defense.”
    “What did Little say?”
    “Not much. I read his testimony. He just asserted that he had given the lawyer enough information but he wouldn’t tell the judge where he was supposed to have been, and he fenced with the prosecutor. He comes across as real evasive in the transcript. The judge accused him of playing games with the court. He ruled that Little’s attorney was competent and that was that.”
    “Are there any other issues?”
    “Not that I can see.”
    “So, what are you going to do?”
    Brad shrugged. “I guess I’ll skim the transcript and read all this stuff just to be sure. The guy is on death row. I’ve got to leave no stone unturned, right? But I think I’m just spinning my wheels. I’ll do some research. I owe the client that. If I don’t find anything I’ll meet with Tuchman and tell her we should advise the client to drop the appeal.”
    Ginny wiped her hands and mouth on a napkin. “I have a brilliant suggestion.”
    “About the case?”
    “No, about life. It’s almost nine and you look like shit. I think the Dragon Lady can wait a day to hear your views on Mr. Little’s case, but I don’t think you can last much longer without a beer. So, I want you to pack up your case file and escort me over to the bar at the Shanghai Clipper.”
    Brad looked at his watch. He’d lost track of time and his enthusiasm for work.
    “That is a brilliant suggestion. You must have been top of your