The young man wasn’t prepared for the formality of the interview room, just as Walt had hoped. He was accompanied by his father, who was fit and ruggedly handsome, and his attorney, Terry, for whom Walt had a great deal of respect. The boy shared his father’s good looks, broad shoulders, and deep voice, though the combination belied his boyish, naïve eyes.
Terry Hogue, a sizable, well-dressed man with a commanding presence, displayed the calmness of an academic. “As to the nature of the inquiry, Sheriff, I’d like to restate that my client, Mr. Donaldson, is here of his own volition, that is, voluntarily, and has not been charged with any crime.”
“That’s correct, Terry.”
“That Mr. Donaldson is willing to cooperate with your investigation, if any, and that nothing said here today is being recorded and may not be used against him.”
“Agreed.”
“That said,” Hogue continued, “I’ve asked my client to clear his answers with me before responding, so he may seek my advice, which I’m here to give. We apologize in advance for any delays that may cause.”
“Understood.”
“It’s all yours,” Hogue said.
“Mr. Donaldson… may I call you Brian? Brian, are you in a relationship with Dionne Fancelli, of eighteen Alturas Drive?”
The nervous boy looked to Hogue, who nodded his assent.
“Yeah. Me and Di are boyfriend, girlfriend.”
“And we’re all aware of Ms. Fancelli’s medical condition,” Walt said. “That is, that she’s pregnant, with child.”
The boy nodded regretfully, without checking with Hogue. The father fidgeted in his chair.
“Sheriff,” Hogue said, “let’s be clear that acknowledging the young woman’s medical condition by no means implies my client’s role in that matter.”
“Which is why we’re here, Terry. Right?”
“We’re here as a result of your invitation,” Hogue clarified.
“Have you had sexual intercourse with Ms. Fancelli?” Walt asked the boy.
The boy looked to Hogue, who spoke for him. “My client will not comment on the physical nature of his and Ms. Fancelli’s friendship.”
“I assume we’re all aware that Ms. Fancelli is claiming the child is your client’s,” Walt said to the attorney, since Hogue was the one answering.
“We’re aware of the claim,” Hogue said, “but again, we are making no statement about the physical or sexual nature of their relationship.”
“We’re also all aware that Ms. Fancelli is fifteen.”
Silence.
“I will assume Mr. Hogue has briefed you on the quirky nature of Idaho law,” Walt said to the boy. “Idaho accepts sexual relationships between adolescents of similar ages. But you must be at least eighteen years old in Idaho to have consensual sex with an adult, that is a person eighteen or over. You are over eighteen, Brian. And therefore, if you have penetrated Ms. Fancelli, orally, vaginally, or anally, you are in violation of state law.”
Hogue seemed on the verge of stepping in, but resigned himself to allow Walt to continue, apparently wanting to see where this was going.
“With the girl’s claim of penetration, the state can therefore charge you in this matter, leaving it for the courts to decide. There is no physical proof required, although you may or may not be aware that Ms. Fancelli has retained electronic correspondence-e-mails and texts-in which she discusses your sexual relations with her, and your replies to those e-mails contain no denials. To the contrary, in fact.”
“Where are we going with this, Walt?”
“We’d like to take a swab.”
“Absolutely not,” Hogue said. “Show us a court order, and my client will oblige.”
Walt met eyes with Hogue. “I’m requesting your client provide a swab voluntarily and that he aids this office in obtaining a hair or some other sample from Ms. Fancelli that contains the young woman’s DNA. Perhaps he is already in possession of something along these lines.”
“This is ridiculous!” the father said, nearly coming out of his chair. “They haven’t got anything! No way this is happening.”
Hogue, without breaking eye contact with Walt, motioned for the man to remain in his chair, and implicitly, to remain quiet.
“I don’t get it,” Brian said.
The father couldn’t help himself. “He wants you to do his work for him. Let’s get out of here.”
Hogue turned on the father. “You may leave the room, or you can remain and be quiet, but that’s the last we’re going to hear from you right now.”
The father huffed, but stayed in his seat.
“Let me get this straight,” Hogue said. “You’re requesting my client’s participation and cooperation in certain aspects of your evidence collection and in keeping with the confidentiality of the current interview, you’re implying any evidence acquired as a result of this cooperation…?”
“Is therefore off the books,” Walt said. “Not that we’re keeping any books. Not at the moment.”
A puzzled Hogue looked him over, still maintaining eye contact. “You’ll leave the room, please. Both of you.”
“Me?” said the father.
“Yes,” said Hogue.
The two got up and left the room.
Once the door was firmly shut, Hogue spoke. “You have another suspect.”
“I need the boy’s cooperation,” Walt said.
“You’re aware that if and when you come back for any physical evidence from my client, I will fight any reference to-”
“My case against your client, at that point, would be dicey at best. I would have prejudiced the evidence. I’d probably lose the possibility of a court case against him.”
“No probably about it.”
“What a pity,” Walt said.
Hogue sat back, rubbed his big hand against his maw and chuckled. “Never a dull moment with you, Walt.”
Walt showed no expression.
“The girl’s DNA,” Hogue said. He mulled it over. “You suspect the father.”
“Never a dull moment with you, Terry.”
“How certain are you?”
“Certain of what, counselor? I don’t believe we’ve discussed any other suspects.”
“If you want the girl’s DNA, and my client’s as well, then you must have, or have access to, the fetus’s DNA. How is it that you have the child’s DNA but not the mother’s?” Again, he was thinking aloud.
Walt’s lack of expression remained implacable.
“If you burn me on this, Walt… You’ve always played fair with me.”
“Can’t teach an old dog new tricks.”
“We’d be taking a big risk.”
“A risk that I would prejudice my evidence, that your client would skate. I need a hair from her. A cigarette butt. A love stain. He needs to volunteer it to me.”
“And I repeat: you’re implying you can get… what… amnio fluid but not the girl’s DNA? How’s that happen?” He took a moment. “You have a witness. You possess the means to obtain a court order to collect the amnio fluid, but are less confident you can win the DNA of a minor.”
“You don’t need to trouble yourself, counselor, with what I do or do not have. What I need is your client’s cooperation.”
“And you’ll have it.”
“I thought it might work out that way.”
A knock on the door interrupted them.
“Sorry to interrupt,” a female deputy said, leaning her head in the door. “We’ve got shots fired out Lake Creek.”
Walt immediately stood, extending his hand to Hogue. “Do what you can,” he said.
“You’ll be hearing from me,” Hogue answered.