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We’re talking maybe eleven hundred people max, and most of ’em have been here since the year zip. Anyway, she and Bailey started running around together just like they did before. He says she was dallying with this other guy, involved in some affair that she was being real tight-lipped about. Claims she never would say who it was.
    â€œThe night she was killed, the two of ’em went out drinking. Hit about six bars in San Luis and two more in Pismo. Around midnight, they came back and parked down at the beach. He says it was closer to ten, but a witness puts ’em there at midnight. Anyway, she was upset. They had a bottle and a couple of joints with ’em. They had a tiff and he says he left her there and stomped off. Next thing he knows, it’s morning and he’s in his room at the Ocean Street. These kids are swarming all over the beach down below, doing clean-up detail as part of some local church do-good project. He’s sick as a dog . . . so hung over he was pukin’ his guts out. She’s still down on the beach, passed out over by the stairs . . . only when the clean-up crew gets close, they can see she’s dead, strangled with a belt that turns out to be his.”
    â€œBut anybody could have done it.”
    â€œAbsolutely. Of course, Bailey was favored and they might have made it stick, but De Witt had had a string of wins and he didn’t want to take a chance. Lehto saw an opportunity to bargain and since Bailey’d been burned once, he went along with the deal. On the armed robbery, he was guilty, went to trial, and got himself nailed. This time he claimed he was innocent, but he didn’t like the odds so when they offered him a plea of manslaughter, he took it, just like that.” Clemson snapped his fingers, the sound like the clean popping of a hollow stick.
    â€œCould he have beaten the murder rap if he’d gone to trial?”
    â€œHey, who knows? Going to trial is a crapshoot. You put your money on the line every time. If you roll that seven or eleven, boy, you’re feeling good. But if it comes out two, three, or twelve, you’re the loser. The case generated a lot of publicity. Sentiment in town was running against him. Then you had Bailey’s prior, no character witnesses to speak of. He was better off with the deal. Twenty years ago, he could’ve been given the death penalty, too, which is something you don’t want to mess with if you can help it. Talk about rolling dice.”
    â€œI thought if you were charged with murder, they wouldn’t reduce that.”
    â€œTrue, hypothetically, but that’s not the way it works. It was just discretionary with the district attorney how he filed. What Lehto did was, he goes to De Witt and says, ‘Look, George, I’ve got evidence my guy was under the influence at the time. Evidence from your own people.’ He pulls out the police report. ‘If you’ll note in the record, when the officers arrested him, it states he appeared to be drowsy . . .’ Blah, blah, blah. Clifford does this whole number and he can see George start to sweat. He’s got his ego on the line and he doesn’t want to go into court with a big hole in his case. As DA, you’re expected to win ninety percent of the time, if not higher.”
    â€œSo Bailey pleaded guilty to the manslaughter and the judge maxed him out,” I said.
    â€œExactly. You got it, but we’re only talkin’ six years. Big deal. With time served and time off for good behavior,he might have been out in half that. The whole time, Fowler’s thinking he got screwed, but he doesn’t understand how lucky he was. Clifford Lehto did a hell of a job for him. I’d have done the same thing myself.”
    â€œWhat happens next?”
    Clemson shrugged again, stubbing out his cigarette. “Depends on how Bailey wants to plead on the felony escape. What’s he gonna say,