Chapter 29
Spencer followed Hotch into the DA's office that afternoon. The blond woman turned at their entry, smiling at Aaron.
"I appreciate you coming out like this… I know it's short notice…" she shook Hotch's hand and nodded over to Reid, remembering the younger agent had an aversion to physical contact.
"Dr. Reid… thank you for assisting…" she said to him.
"No problem," Reid looked down at the crime scene pictures that were scattered over the table top. "Anything I can do to help them find justice," he added, indicating the victim's photos. "They've waited too long as it is…"
Cece sighed heavily. "I agree. And I don't want to see this bastard walk because of a technicality. Our witness was our only evidence that put Matloff on the scene with the last victim. Now we don't even have that. I hope your brain fingerprinting theory will hold with the judge."
Hotch met her eyes. "Dr. Reid has a given me all the information to make a good argument for the benefit of the court. I also have my team back at the office researching further into leads that may have fallen off track after Matloff was captured. We will help you however possible."
She looked over at the clock. "You better give me the run down. We have to be before the judge in less than an hour…"
"Absolutely," Hotch agreed. He looked over at Reid. "While I'm updating Ms. Hildebrant, would you contact Ryan and Morgan to see what they may have found on the Native American connection? I know they were researching that and a possibility of finding the missing trophies… Any physical evidence we can find would be beneficial…" he said to Cece.
"Right, I'll get right on it," Spencer said, pulling out his phone and calling Scarlett directly.
"Hello boy… you're on speaker," he heard her voice warn him as she picked up the line after the first ring.
"Hello girl," he said quietly, moving out of the main office into another room. "Hotch wanted to find out if you guys had found anything out about Matloff's history- or if there had been any leads on the items he'd taken from the victims."
Scarlett looked around the table, meeting Derek's eyes. He nodded and took over the conversation.
"We don't know why he had researched into the Native American beliefs… but we found he had a lot of information filed away… Scarlett looked over the crime scene photos and had a theory we hadn't considered…"
"Which was?" Reid stated, moving over to a desk chair and pulling out his notes.
Scarlett heard him shuffling papers around and gave him a minute to find a pen.
"The victim's being buried face down may not have been remorse," she told him. "In some tribal cultures the act would be to trap spirits in the grave, keeping the ghost from haunting their murderer. So if he was studying the culture, adapting his lifestyle to their belief system…"
"He may have had earlier victim's that didn't have this signature…" Reid responded.
"Right. We'd have to figure out when he came into this way of thinking… before he started killing? Or did he change along the way?"
"Got it…" Spencer said, scribbling notes down as she spoke.
"Garcia is checking further into Matloff's childhood too- we may find something there that was missed…" Morgan added.
"Okay, thanks guys… I'll let Hotch know…"
Scarlett picked up the phone, taking it off speaker and talking directly to Spencer as she exited the room.
"Does the DA seem to think she can use the brain fingerprinting argument to convince the judge enough to try it?" she asked him.
Spencer nodded, still writing. It took him a moment to realize Scarlett couldn't see him and he rolled his eyes at himself.
"She's all for it," he told her out loud. "Her concern right now is to convince the judge… once we do that, then we'll have to see if it works. Hotch wants me to keep a close eye on Matloff in case it does work but he tries to hide behind the amnesia for a defense."
"That's understandable," she said. "How are you doing after not sleeping all night?" she asked him, turning the conversation more personal.
"I'm fine," he told her. "Not even tired, really. More edgy than anything, wanting to get this over with…"
"Don't let it make you miss a trick boy…"
"I won't," he promised. "How are you feeling?" he asked. "I kept you up half the night…"
Scarlett smiled. "Not missing it a bit, sweetie. I'd rather spend every night like last night…" she teased. "You know I don't need much sleep…"
Spencer looked over at the clock. "Alright… but try to get some rest tonight at least. Promise?"
"I'll try," he heard her say. "I can't make any promises about how well I'll sleep without you beside me, though," he noted the slight hint of sadness in her voice.
"Hey…" Spencer's voice turned softer. "I'll miss you too, crazy girl. I'll be back as soon as possible…"
"I know," Scarlett sighed, not meaning to have turned the conversation to depressive. "Maybe I'll turn the living room into a blanket fort for tonight and sleep with Norie…" she said with a slight chuckle.
Spencer grinned at the thought. "I can see you doing that," he laughed. "It sounds like a fun idea. Norie would love it…"
"Alright… I'd better get back to work," Scarlett added. "I love you, my sweet boy…"
"As I love you my beautiful girl… I'll call you later tonight when we are finished for the day."
"Okay- we've got to do a skype call with Mama and Norie- don't forget…" she grinned, excited about giving them the news of the baby.
"I didn't forget," he said, "I won't forget…" he added. "I'm looking forward to seeing their faces…"
"Until later then…"
"Yeah…" Spencer sighed. "I don't want to say good bye…" He heard Scarlett chuckle.
"Me neither… so TTFN… Love you…"
Spencer smiled at the phone. "Later… Love you too…" he heard the phone beep after the call disconnected and sighed. He looked at the clock once again, and gathered up his papers, heading back into the DA's private office.
He relayed the information that the team had given him to Hotch. "Agent Ryan had some insights into the background of the Native American burial rights, which gave her another theory we hadn't considered… and Garcia is looking further into Matloff's background to see where this interest may have come from… As soon as they find anything else, they'll let us know…" he finished with his update.
"Good…" Hotch looked at his watch. "We'd better get over to the courthouse," he stated.
Reid followed Hotch and Cece into the courthouse a few blocks away. They split up in the courtroom, the DA and Hotch heading to the front to take their place before the judge, while Spencer sat in the back, choosing a seat where he'd have an unobstructed view of Matloff himself. The proceedings were called to order and Hildebrant wasted no time getting to the point of the matter. She used Reid's data to create a case for the brain fingerprinting use on Matloff.
"We would like to request that the defendant undergo a process called 'brain fingerprinting'," she began with her plea to the judge. "This procedure will prove that the memories of the crimes are present in the memories of the defendant, regardless of whether or not he chooses to recall them…"
The defense lawyer immediately began to argue against the test.
"Your Honor, where do I begin? The science of this sort of test is unproven to say the least…"
"In the state of Iowa versus Terry Harrington, the results were ruled as admissible as scientific evidence, as defined by Congress ruling seven oh two and in Daubert v. Merrill…" Cece countered, using the information that Spencer had supplied.
"This is a hail mary, your honor. They have no evidence, and they know it. Beyond that, my client is in a very fragile mental state. I can't in good conscience let them go poking around in his brain…"
"What about that? Is it safe?" the judge asked the DA. Cece turned to Hotch, waiting for him to supply the answer.
Spencer watched Matloff as he looked between his lawyer and then over at Hotch. He seemed lucid and aware of the conversation about him.
Hotch stood. "The test in non-invasive and completely safe. Mr. Matloff will be simply looking at images on a computer screen while an EEG monitors his brain activity."
"Subject him to graphic imagery to prompt some kind of reaction, which they can then point to as evidence as guilt?" Matloff's attorney interrupted. "It's perverse! I object to even-"
"I want to do it…" the defendant stated.
Spencer's eyes narrowed as he watched Matloff interrupt his own lawyer.
"What? Wait… one minute your honor…" the lawyer stated, leaning over to his client.
Cece looked hopefully from Matloff to Hotch.
Matloff stood, ignoring the other man. "Uh, your honor… Every day, I waken to this nightmare of not knowing who or what I am. If this test can help me regain my memories… if it is even a possibility… then whatever the consequences, I want to try it…" Matloff stated. "I have to…"
Reid watched Matloff closely, considering everything from his tone of voice to his posture as he made his request of the court. Spencer squinted slightly as he studied him. It certainly appeared that the man was being sincere.
The judge nodded, looking to the DA. "I will accept the DA's request for the procedure. We will reconvene after the testing, schedule providing to fit the docket on Tuesday…"
Spencer groaned inwardly at the extra days delay. He'd hoped for an early Monday order…
Hotch leaned over, whispering something to Cece. She nodded, looking over to the defense.
"The FBI has an expert ready to proceed with the testing this afternoon, if it pleases the court…"
The judge motioned towards the defendant. "Is this acceptable to you, Mr. Matloff?"
"Yes, your honor… as soon as possible, that is fine…"
The judge nodded. "That being the case, we will see where we stand and plan to keep the trial on the docket for early Monday…" he signaled the close of the session with his gavel.
Reid stood, leaving the courtroom, pulling out his phone to call Scarlett to let her know the test had been approved. He'd just moved into the hallway when he heard someone call his name.
"Dr. Reid?"
He turned towards the voice, something about it ringing in his memory.
"Mr. Corbett…" Spencer pulled up the name from his mental files. This was the third victim, Darci Corbett's father. He had met him during the original case, when her body had been discovered and had been the one to tell the man that it was his daughter. He shook the man's hand easily.
Mr. Corbett looked down at their hands, surprised that the agent had taken it. Spencer shrugged slightly, realizing that people he'd met in the past had no way of knowing how much he'd changed just in the last year… in all honesty, he hadn't even realized it himself. Filing the thought away for later, he met the older man's eyes.
"I didn't see you in there. How have you been?" he asked him, offering the father a slight smile.
"Um, not bad… considering… Uh… you aren't buying this amnesia thing, are you?" he asked, wanting Reid's opinion on the case.
"I'm trying to figure that out," Spencer told him.
"It's probably something the lawyer thought up," Mr. Corbett stated with a scoff. Spencer didn't comment, only waited for the other man to continue.
"It won't work, will it?" he asked.
"We have a pretty strong case," Spencer reassured the father.
"Good. That's good…" he shifted nervously, looking Reid over. "You've changed… uh, and you look different…your hair…" the man smiled slightly.
"Uh, yeah," Spencer ran his hand over his ears, still unused to the short cropped feeling. He shrugged. "It's been four years," he reminded the man.
"Right, right- time… it's weird… Sometimes I think Darci is just…" Mr. Corbett sighed. "This messes with time… this thing…"
"I know," Spencer spoke softly.
He caught the sight of Spencer's wedding band. "You, uh, you got married," he nodded at Reid's hand, giving him a half smile.
"Yeah," Spencer grinned, looking at the band himself, twisting it a little. "Uh, yes- I've got a daughter and a baby on the way now too," he offered, meeting the man's eyes.
"Really? That's great… that's wonderful. There's nothing more important than family…"
"No, there isn't… I agree…" Spencer looked around the hallway quickly. "And how about you? Mrs. Corbett…? Is she here? I didn't see…"
"Oh, uh… no, no… we split up. We just… couldn't…" Mr. Corbett sighed heavily, meeting Spencer's eyes again. "It was my fault, really…"
Spencer bit his lips together nervously. "I'm sorry… I'm sure it was just- you know…" he sighed. He knew the statistics of divorce in cases where a violent crime happened within a family were very high, higher when it was an only child such as Darci had been. But he knew that the statistics wouldn't help Mr. Corbett.
"It happens…" was all he could offer.
"Yeah. It's okay… Everything is going to be okay now. Everyone always talks about closure. Maybe… maybe I'll be able to move on… after…"
"I hope so. Mr. Corbett… I promise, we are doing everything we can…" Spencer looked the man in the eye.
"I know. Thank you. Really…" he took Spencer's hand again, squeezing it. "I'll see you on Monday?"
"Absolutely," Reid agreed. "I'll be here…
