Parker’s response was loud and forceful. “Your Honor, my client has no record of any kind. He hasn’t even had a traffic ticket. He has no history whatsoever of violence. He has lived in the same house in Saddle River with his parents since he was born. He is their only child. He graduated from high school three months ago and is scheduled to begin college at Princeton within a few days. He has absolutely no resources of his own.”
Parker continued, “Your Honor, I have been provided with some of the investigative reports. The prosecutor failed to mention that there were no witnesses to the crime. He also failed to mention that there are at least two other unidentified fingerprints on the golf club. One of those fingerprints may belong to the perpetrator of this terrible crime.
“The reports also indicate that Kerry had had an encounter with a young man who had very recently stopped to help her change a flat tire. The victim told friends that this young man had bought the alcohol for her party but had become angry and aggressive with her when she declined his request to be invited to the party. This person has never been identified but should be considered a person of considerable interest in this investigation.
“Your Honor, we no longer have a bail system. You either detain the defendant or you don’t. It would be a travesty for him to spend a year or more in jail awaiting trial. We intend to vigorously defend against these charges. The State has no basis whatsoever for considering him to be a threat to anyone in the community or a flight risk.”
Solemnly, the judge reflected upon the arguments. “This is a difficult decision. The defendant is charged with a heinous crime. I consider most carefully the prosecutor’s arguments in support of detention. But defense counsel has also offered strong arguments. The defendant is eighteen years old. I do not believe he is a strong risk of flight. There is no evidence that he represents a threat to any specific person in the community. Counsel has argued that there are no witnesses to this crime and the evidence is circumstantial. Under all of these circumstances, I am entering the following order.
“The defendant is released under the following conditions. He is to wear an electronic monitoring bracelet at all times. He may not leave the state of New Jersey without the permission of this court. He is to live at his parents’ Saddle River address unless he is at college, which I note is in the state of New Jersey. He is to have no contact with the victim’s family.
“The defendant shall be taken back to the Bergen County Jail, where he will be fitted with the electronic bracelet and thereafter be released.”
Alan’s shoulders visibly slumped in relief. Parker put his arm on his shoulder and whispered, “Okay, Alan. Go home and get some rest. I will call you tomorrow. Remember, aside from your parents, talk to no one about your case.”
To avoid an encounter between the families, the Sheriff’s Department allowed the Dowling family to leave first. Once they were on the elevator, the Crowleys got up to go.
37
A distraught and angry June Crowley drove home with Doug and Alan. It had taken nearly two hours after the arraignment to have Alan returned to the Bergen County Jail and then processed out. On the way to Saddle River, Alan closed his eyes as though he were asleep. There was zero conversation during the twenty-five-minute ride. They were all hungry. Doug and June had barely had any breakfast, and except for cups of coffee at the courthouse, they hadn’t eaten since early morning. Alan had been so nervous before the arraignment that he hadn’t eaten a bite of the jail breakfast.
Together they walked into the kitchen and were glad to see that Brenda had an early dinner prepared. As usual, she had the small kitchen TV on while she worked. They all froze when they heard the name “Crowley” and looked up at the set. On screen was Alan, handcuffed and in the orange jumpsuit, being led into the courthouse. The reporter was saying, “Alan Crowley, the boyfriend of murdered teen Kerry Dowling, was in court this morning.
“He was arraigned before Judge Paul Martinez on charges of murder, possession of a weapon for an unlawful purpose, and witness tampering. He pleaded not guilty. After being fitted with an electronic bracelet, he was released into the custody of his parents.
“June Crowley, the mother of the accused, spoke to me on camera after the arraignment.”
“There is no way in the world my son committed this crime. He loved Kerry. The only reason he went back to her house the night of her party was to help her clean up and make sure she was all right. The police scared the hell out of a kid who had just turned eighteen. They snatched him from our home on a Sunday morning when my husband and I were not home, drove him to the Prosecutor’s Office, interrogated him and intimidated him into lying. And now they’re saying because he lied, he must have killed her.”
She was interrupted by a visibly annoyed Lester Parker, who took June’s arm and physically moved her away from the microphone. He stated firmly, “A vigorous defense will be mounted on behalf of Alan Crowley. When all the facts are known, he will be vindicated. There will be no further statements from the Crowleys before the trial.”
An awkward silence followed when the news station moved on to the next story.
Brenda said, “The meatloaf, vegetables and potatoes just need to be warmed.” She gave Alan a sympathetic smile. “I’ll let you eat in peace,” she said as she hurried toward the door.
38
Marge and Jamie were having dinner in the kitchen when Marge turned on the television to get the six o’clock news. The lead story was the arraignment of Alan Crowley. She watched as Alan, pale and tense, left the courthouse with photographers and reporters chasing after him.
“That’s Alan Crowley,” Jamie said.
“I didn’t know you knew Alan,” Marge said.
“He’s Kerry’s friend, before she went to Heaven.”
“Yes, he is.”
“He kisses her.”
“Yes, he does,” Marge said.
“He kissed her before she went swimming and went to Heaven.”
“Jamie, are you talking about the night of Kerry’s party, when you went swimming with her?”
“I promised not to talk about that.”
“This time it’s okay, Jamie. What did Alan do after he kissed Kerry?”
“He gave her a hug and went home.”
“Then what happened, Jamie?”
“The Big Guy hit Kerry and he pushed her in the pool.”
“Jamie, are you sure?”
“Cross my heart. Daddy used to call me Big Guy, right, Mom?”
“Yes, Jamie, that’s right. But remember, we don’t talk to anybody about what happened the night Kerry went to Heaven. That’s our secret.”
“Cross my heart, Mom. I didn’t tell anyone.”
Following his usual routine, after dinner Jamie went upstairs to watch television. Heavy hearted, Marge stayed at the kitchen table and made herself another pot of tea. She was starkly aware of what Jamie had told her. If Jamie was describing what he saw the night Kerry was killed, then Kerry was still alive when Alan left. Might Alan have come back and killed Kerry? I guess that’s possible, she thought, but why would he do that? The Big Guy Jamie is referring to clearly is not Alan. But who is it?
If Jamie talks about the Big Guy to the detective, and Jamie tells him Jack used to call him the Big Guy, they might assume he was talking about himself. I can only imagine how the Crowleys are feeling right now. How would I feel if Jamie got arrested? He’d be so frightened. I don’t know what to do. I just don’t know what to do.
39
Detective Mike Wilson had not been able to put his mind at rest. He was deeply distressed that he had not been to able tie up a troubling loose end in the investigation.
He had virtually no information that would lead them to the man who had sold Kerry the beer and then tried to force himself on her. According to Kerry’s friend who had told him about the incident, he had suggested meeting Kerry at her house after the party was over.
Suppose he had come over after Alan left. He had already been aggressive with Kerry. If she refused him again, might he have become violent?
There was one way they might possibly get a lead on him.
The next day Mike called Aline at work. “Aline, even though Alan has been charged, I still need to do a few things to complete the investigation, and you might be able to help me.”