of type were obvious, an e with a loop that didnât quite close, a p that was missing part of its tail. âThanks,â I said.
âSpooky, isnât it?â
âVery. This note wasnât typed on Marthaâs typewriter, you know.â
âSo the report says.â
âMartha said it was in a sealed envelope.â
âIt was.â Saia leaned back in his chair. âSo you want to know how I call it?â
â DÃgame .â
âItâs the anniversary of Velásquezâs death, and Conoverâs distraught. She invites Virga over to talk and runs her down in the road. Willful, deliberate and premeditated murder in the first degree.â
A smart criminal would never show premeditation; crimes committed in the heat of passion get lesser sentences. The GarcÃa case had recently made it more difficult to get a first-degree conviction in New Mexico; now you had to prove deliberate intent. But Saia would have had trouble getting first degree for a case like this even before GarcÃa. He knew it, and so did I. In some states juries will convict an intoxicated person of premeditation, but New Mexico is more tolerant of substance abuse than that. Here they believe a person under the influence isnât rational enough to premeditate, and Martha appeared to have been under the influence. Saia had said so himself. The only way heâd get a first-degree conviction out of a DWI fatality would be to prove depraved mind murder. Heâd have a hard time convincing a jury that a woman as proper as Martha was depraved. âYou donât have a chance,â I told him.
âOn the other hand, maybe Virgaâs feeling guilty,â Saia continued. âOkay, Velásquezâs death wasnât her fault, but she was driving the car, and from all accounts, she loved the guy. Sheâs afraid of Conover, but she needs to talk to her, tell her sheâs sorry, ask for forgiveness, maybe, so she goes to Los Cerros. Conover sees her in the road, steps on the gas, does her, takes some pills, gets in bed and tries to pretend it didnât happen. Murder in the second degree.â
âYeah,â I thought, âor Justine hates Martha. Sheâs depressed, full of guilt and suicidal. She goes to Los Cerros, sees Marthaâs car, jumps in front of it, kills herself and ruins Marthaâs life at the same time. Vehicular suicide.â
âOr else Conoverâs been getting into the Halcion,â Saia said, âand itâs making her crazy. She has a few drinks at the AWC meeting, joins the Point One O Club, gets even crazier, sees Justine in the road and runs her down in a drunken fog. Vehicular homicide.â
The maximum sentence for vehicular homicide is three years, second degree will get you nine and first degree is life. If youâre looking to get off easy, running someone down when youâre drunk is one way to do it. Of course youâd have to be sure youâd complete drunk what you planned when sober. Most people refuse to take a Breathalyzer because they donât want to be found drunk, but a person might refuse who didnât want to appear sober. Under the influence? Sober? Martha was the only one who knew for sure. I looked at Saia. He smoothed his hair and looked at me. We were in the same business, we practiced in the same town, weâd gone to the same law school. If we were thinking the same thing, we both had our reasons not to admit it.
âAny way you look at it, thereâs no clear precedent for this case in New Mexico,â Saia said. âSo much depends on the state of those two womenâs minds. If you ask me, there is nothing harder than getting inside a womanâs mind, and one of them is dead anyway.â
I wasnât sure that getting inside my clientâs head would solve anything. It could be a labyrinth, with a stone wall blocking every twist and turn. Who knew whether Martha herself remembered what