Chapter 11

The large man, in a California Department of Corrections and Rehabilitation uniform, sat in front of her desk, a workaday slab of government-issue furniture on which lay random pens, some awards, a lamp and photos: of the two children, of Dance with a handsome silver-haired man, of her mother and father, and of two dogs, each paired with one of the youngsters. A dozen files also rested on the cheap laminate. They were facedown.

"This is terrible," said Tony Waters, a senior guard from Capitola Correctional Facility. "I can't tell you."

Dance detected traces of a southeastern accent in the distraught voice. The Monterey Peninsula drew people from all over the world. Dance and Waters were alone at the moment. Michael O'Neil was checking on the forensics from the scene of the escape.

"You were in charge of the wing where Pell was incarcerated?" Dance asked.

"That's right." Bulky and with stooped shoulders, Waters sat forward in the chair. He was in his midfifties, she estimated.

"Did Pell say anything to you-about where he's headed?"

"No, ma'am. I've been racking my brain since it happened. That was the first thing I did when I heard. I sat down and went through everything he'd said in the past week or more. But, no, nothing. For one thing, Daniel didn't talk a lot. Not to us, the hacks."

"Did he spend time in the library?"

"Huge amount. Read all the time."

"Can I find out what?"

"It's not logged and the cons can't check anything out."

"How about visitors?"

"Nobody in the last year."

"And telephone calls? Are they logged?"

"Yes, ma'am. But not recorded." He thought back. "He didn't have many, aside from reporters wanting to interview him. But he never called back. I think maybe he talked to his aunt once or twice. No others I remember."

"What about computers, email?"

"Not for the prisoners. We do for ourselves, of course. They're in a special area-a control zone. We're very strict about that. You know, I was thinking about it and if he communicated with anybody on the outside-"

"Which he had to do," Dance pointed out.

"Right. It had to be through a con being released. You might want to check there."

"I thought of that. I've talked to your warden. She tells me that there were only two releases in the past month and their parole officers had them accounted for this morning. They could've gotten messages to someone, though. The officers're checking that out."

Waters, she'd noted, had arrived empty-handed, and Dance now asked, "Did you get our request for the contents of his cell?"

The guard's mood darkened. He was shaking his head, looking down. "Yes, ma'am. But it was empty. Nothing inside at all. Had been empty for a couple of days actually." He looked up, his lips tight, as he seemed to be debating. Then his eyes dipped as he said, "I didn't catch it."

"Catch what?"

"The thing is, I've worked the Q and Soledad and Lompoc. Half dozen others. We learn to look for certain things. See, if something big's going down, the cons' cells change. Things'll disappear-sometimes it's evidence that they're going to make a run, or evidence of shit a con's done that he doesn't want us to know about. Or what he's going to do. Because he knows we'll look over the cell with a microscope after."

"But with Pell you didn't think about him throwing everything out."

"We never had an escape from Capitola. It can't happen. And they're watched so close, it's almost impossible for a con to move on another one-kill him, I mean." The man's face was flushed. "I should've thought better. If it'd been Lompoc, I'd've known right away something was going down." He rubbed his eyes. "I screwed up."

"That'd be a tough leap to make," Dance reassured him. "From housekeeping to escaping."

He shrugged and examined his nails. He wore no jewelry but Dance could see the indentation of a wedding band. It occurred to her that, for once, this was no badge of infidelity but a concession to the job. Probably, circulating among dangerous prisoners, it was better not to wear anything they might steal.

"Sounds like you've been in this business for a while."

"Long time. After the army I got into corrections. Been there ever since." He brushed his crew-cut, grinning. "Sometimes seems like forever. Sometimes seems like just yesterday. Two years till I retire. In a funny way, I'll miss it." He was at ease now, realizing he wouldn't be horsewhipped for not foreseeing the escape.

She asked about where he lived, his family. He was married and held up his left hand, laughing; her deduction about the ring proved correct. He and his wife had two children, both bound for college, he said proudly.

But while they chatted, a silent alarm was pulsing within Dance. She had a situation on her hands.

Tony Waters was lying.

Many falsehoods go undetected simply because the person being deceived doesn't expect to be lied to. Dance had asked Waters here only to get information about Daniel Pell, so she wasn't in interrogation mode. If Waters had been a suspect or a hostile witness, she'd have been looking for stress signs when he gave certain answers, then kept probing those topics until he admitted lying and eventually told the truth.

This process only works, though, if you determine the subject's nondeceptive baseline behavior before you start asking the sensitive questions, which Dance, of course, had had no reason to do because she'd assumed he'd be truthful.

Even without a baseline comparison, though, a perceptive kinesic interrogator can sometimes spot deception. Two clues signal lying with some consistency: One is a very slight increase in the pitch of the voice, because lying triggers an emotional response within most people, and emotion causes vocal cords to tighten. The other signal is pausing before and during answering, since lying is mentally challenging. One who's lying has to think constantly about what he and other people have said previously about the topic, then craft a fictitious response that's consistent with those prior statements and what he believes the interrogator knows.

In her conversation with the guard, Dance had become aware that at several points his voice had risen in pitch and he'd paused when there was no reason for him to. Once she caught on to this, she looked back to other behaviors and saw that they suggested deception: offering more information than necessary, digressing, engaging in negation movement-touching his head, nose and eyes particularly-and aversion, turning away from her.

As soon as there's evidence of deception, an interview turns into an interrogation, and the officer's approach changes. It was at that point in their conversation that she'd broken off the questions about Pell and had begun talking about topics he'd have no reason to lie about-his personal life, the Peninsula, and so on. This was to establish his baseline behavior.

As she was doing this, Dance performed her standard four-part analysis of the subject himself, to give her an idea of how tactically to plan the interrogation.

First, she asked, what was his role in the incident? She concluded that Tony Waters was at best an uncooperative witness; at worst, an accomplice of Pell's.

Second, did he have a motive to lie? Of course. Waters didn't want to be arrested or lose his job because intentionally or through negligence he'd helped Daniel Pell escape. He might also have a personal or financial interest in aiding the killer.

Third, what was his personality type? Interrogators need this information to adjust their own demeanor when questioning the subject-should they be aggressive or conciliatory? Some officers simply determine if the subject is an introvert or extrovert, which gives a pretty good idea of how assertive to be. Dance, though, preferred a more comprehensive approach, trying to assign code letters from the Myers-Briggs personality type indicator, which includes three other attributes in addition to introvert or extrovert: thinking or feeling, sensing or intuitive, judging or perceiving.


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