***
“You did what?” he asked incredulously when I told him I had met with Mike Thompson.
“I know. Incredibly risky. Possibly stupid. But it paid off, Dave! He told me that about a week before Ryan’s death, Lindsey not only threw an ashtray at him, she threatened to kill him if he didn’t leave me. Not only that, but Ryan was back on pills and he owed Mike about a thousand dollars!”
I could tell he was thinking on the other line. A pregnant pause hung in the air.
“Dave?”
“All right. Bring me the recording. I’ll play it for Gaines and see what he makes of it. But Libby, I wouldn’t get my hopes up if I were you. Once a prosecutor files charges against someone, it’s very rare that they just drop the charges, no matter what mitigating evidence is presented to them.”
“I won’t. But if they won’t drop the charges, we can use it at my trial, right? Play the recording and even put Mike Thompson on the stand to testify to what he told me? It can only help, right?”
“Yes, I do believe it can help. That is, if Mike Thompson doesn’t recant. He might say he was just lying to you. Telling you what you wanted to hear. In that case, we’re no better off than we were before. But it’s a risk I’m willing to take. Bring me the recording today if you can.”
I didn’t hesitate. I jumped behind the wheel of my Sorento and drove immediately into town. By the time I got there, Dave was out at court, so I left the recording with his new paralegal, Jennifer.
When I pulled out of the parking lot, I caught a glimpse of the black truck that I now knew was driven by a parolee named Merle. Although it was a bit disturbing to know someone was watching me, knowing that he was there to protect me at my father’s bidding made it seem not quite so scary. I wondered how long it would be before Randy could call him off. Apparently, he hadn’t had a chance to talk to Merle yet, because there he was, following me as usual.
I was tempted to stop my car and run up to his black truck. Confront him. Tell him I knew who he was and what he was doing. Thank him very much for his concern but explain that his services were no longer needed. But then I reminded myself he was a prison parolee. Randy had failed to mention, and I had failed to ask, what he was in prison for to begin with. He could be a very dangerous man. What if telling him to back off set him off somehow and he flipped out on me? Ultimately, I decided to leave it alone and hope Randy called him off sooner rather than later.
He followed several car lengths behind me all the way home, but when I turned into my driveway, he kept going straight. I knew there was nothing but a dead end at the end of Elm Fork and that he’d have to turn around and pass by my house once more, but I just shrugged it off and went on into the house.
***
It was a few minutes after five when Dave called me.
“I spoke with Dorne and Gaines. I played the recording for them.”
“And?”
“And as I expected, they were both very upset that you took it upon yourself to go to the house of a known, possibly dangerous, heroin dealer and record your conversation.”
“Am I in trouble?”
“No. What you did was stupid but not illegal.”
“What else did they say about what Mike said…about what Lindsey did?”
“Gaines called it hearsay at best. Since neither Ryan nor Lindsey are around to confirm or deny what Mike alleged, it’s pretty much useless. They’re not going to drop the charges.”
“Hearsay? But if Mike is there to confirm what she said, doesn’t that overcome the hearsay standard?”
“Hearsay, according to the strict definition, is information received from other people that one cannot adequately substantiate. In other words, a rumor. They may be right on this one. But that doesn’t mean I’m not going to at least try to introduce it at trial.”
“All right. I knew it was too much to hope they’d see that Mike or Lindsey had much more motive to kill Ryan than I ever did. Especially since we now know Ryan was using again. But thanks for trying.”
“No problem. I was also going to tell you I made a call to your psychiatrist, Dr. Lange. He’s willing to testify on your behalf at the trial. Gaines will probably want to take his deposition once I disclose him as a witness. But Lange said you missed your last appointment and you need to call and make another one, ASAP.”
He was right. I had missed my last appointment with Dr. Lange. It would have been the day I was in jail. I didn’t even think to call and reschedule; I had so much on my mind. I promised Dave I’d made an appointment first thing Monday.
“Oh, and Libby? No more antics like you pulled with Mike Thompson. Stay away from him. Although his criminal history is mainly drug-related charges, people like him can get desperate. If he even thought you were suggesting he murdered Ryan and Lindsey, there’s no telling what he may do. So no more stunts like that. You hear me?”
I promised him I would stay away from Mike, but even then I wasn’t sure I meant it. I wasn’t willing to just sit around and wait for my trial to begin. I had to prove Mike had murdered Ryan at Lindsey’s command and then murdered her when she failed to pay him. Or to tie up loose ends. Either way, I was not going to go down for something that druggie loser did. And I was willing to do whatever it took to make sure that didn’t happen. Even if it meant risking my own life in the process.
Friday morning, I was awakened by my phone ringing. At first I thought I was dreaming it, but then I came to and realized it was real. I slapped my hand around on the nightstand until I found my vibrating phone, picked it up, clicked the answer button, and said hello.
“Libby, it’s Dave,” he said in a tone that instantly worried me.
“What’s wrong?” I said as I shot up out of bed.
“We have a problem. Can you come to my office? Now?”
I looked down at my screen and saw that it was eight fifteen. “Sure. I can be there in fifteen minutes.”
I forewent the shower and threw on a pair of jeans and a nice shirt, slipped my feet into black flip-flops and ran out the front door.
I pulled up in Dave’s parking lot at 8:25, got out and walked as quickly as I could into his office. His receptionist greeted me with an obviously fake smile and motioned for me to go on back to his office.
Dave was sitting at his desk, talking into his phone. When he saw me, he waved me into the doorway. I sat down across from him, crossed my legs, and began twitching my foot, full of nervous energy. Dave finally ended his call seconds later and folded his hands on the desk.
“Libby, who is Paul Daniels?”
My stomach did a backflip. How on earth did he know about him? Of course, I never got Paul’s last name, but what other Paul could he be talking about? There was no point in being coy. I straightened my back and cleared my throat.
“Paul is a firefighter I met at a bar in Richmond last weekend. I didn’t know him before then and I haven’t seen him since. Why do you ask?”
“Did you not watch this morning’s news?”
Again, my stomach tightened. “No. I was asleep until you called. Dave, tell me what’s going on.”
Without answering me, he swiveled in his chair and began typing. After a few awkward seconds of silence, he turned his screen so I could see it.
There, on the screen, big as day, was a picture of Paul under a headline that read:
MURDER SUSPECT HOOKS UP WITH NEW MAN SHORTLY AFTER HUSBAND’S DEATH.
I felt like I could puke right there on the floor. How did the media know about Paul?
“I…I don’t…don’t understand…” I stammered.
“Apparently, the young man you were with last weekend went to the media and told all.”
“But I didn’t…I didn’t
hook up
with him, Dave!”
“Tell me what happened. Tell me everything.”
I told him the whole story. “But we didn’t actually have sex. We just made out and then I left. That’s all that happened. I swear.”
“I believe you, but that’s not what he’s telling the media. Here, come read for yourself.”
I walked around his desk. He stood up and I sat down in his chair and read from the beginning. For the most part, everything he said was true. He told the reporter how I’d given him a fake name, lied about who I was and what I did for a living, lied about everything. Even though he didn’t come right out and say we had sex, he had to know that was the impression he was giving when he said we “hooked up” at his apartment. He knew damn well what the reporter was going to write, but because I had spurned him, he let the reporter run with the story and the intimation that we’d gone further than we actually did. I was beside myself with anger.
“Dave, I don’t know what to say. I absolutely did not have sex with this man.”
“But the rest of it’s true? You lied about who you were?”
“Dave, you won’t understand this, but I just wanted to be someone else…just for a little while. I wanted to forget everything that had happened to me. I wanted to forget about Ryan. Maybe part of me even wanted to get back at him for what he did. But I couldn’t do it. In the end, I just couldn’t go through with it. So I left. End of story. He tried texting me a few times, but I ignored him.”
“That must be why he’s so pissed off,” Dave said, taking his chair back.
I returned to my chair opposite him. “I guess.”
“The problem is, not only are the police going to hear about it, if they haven’t already, but this is going to taint the public’s perception of you. Libby, I can’t put this genie back in the bottle.”
“What can I do? Should I reach out to him?”
“Absolutely not.” he said sternly. “No matter what you do, do not reach out to this man.”
“So then, what? There has to be something we can do.”
Dave seemed to ponder this for a moment. I felt bad for putting him in this position. He had done nothing but support me and help me ever since I hired him. Now I had gone and messed things up once again.
“There might be one thing,” he said finally.
“What’s that? I’ll do anything.”
“We could contact Dorne and Gaines and try to get ahead of this thing.”
“Are you sure that’s a good idea?”
“No, but we can’t ignore it. They’re going to find out, if they haven’t already, and hiding from it just makes you look even guiltier.”
“All right, let’s do it, then.”
Dave picked up the phone, dialed some numbers, and then put the phone on speaker. When a woman’s voice answered at the Commonwealth’s Attorney’s Office, Dave asked for Brian Gaines. She told him to hold one moment and a few seconds later, Mr. Gaines was on the line.
“This is Brian Gaines,” he said in a smooth baritone voice.
“Brian, it’s Dave.”
“Well, hello there, Dave. How are things going over there on the dark side?”
“Very funny. Listen, I have Libby Carter here with me and we would like to talk to you and Dorne. Do you think you could come over here?”
“Sure,” he said. “When’s a good time?”
“Now would be good,” Dave informed him.
“I’ll walk over now,” Gaines said. “I’ll grab Dorne on the way.”
I knew that meant they’d be there soon, because Dave’s office was right across the street from the prosecutor’s office and the police station was only a block down from there.
Sure enough, both Gaines and Dorne arrived within ten minutes. When they walked through Dave’s office door, Dave stood from his desk and held out his hand. Both men shook his hand quickly then stood off to the side.
“I have a feeling I know what this is all about, Dave,” Gaines said.
“It’s about Paul Daniels. I’m sure you’ve seen the news reports by now.”
“How could we not? It’s all over the TV and the internet.”
“My client would like you to hear her side of the story. Go ahead, Libby. Tell them what happened.”
My body was trembling. Not only was I scared, but I was humiliated to be discussing something so intimate with these men. They weren’t just strangers—they were men who held my future and my freedom in their hands. I cleared my throat and began slowly.
“Last Friday night, I stopped at a small bar in Richmond, just to clear my mind and relieve a little stress. I met a man there. I only knew his first name—Paul. We had a great time and it was nice to not have to discuss all the difficulties in my life right now. Yes, I lied about who I was. I just wanted to be someone else for a few hours. We talked over drinks for a while, then I guess I got carried away because I agreed to go hang out with him at his house. We had a couple of drinks there and then I left around ten o’clock.”
“According to Mr. Daniels, you did more than just have a couple of drinks,” Dorne said with a mischievous grin.
“Well, he’s a liar,” I nearly shouted. Then I realized I’d better keep my composure so I amended my tone. “I don’t know why he has contacted the press. Nothing happened with him.”
“I don’t believe you,” Dorne said.
“Now, Jim,” Dave reprimanded him. “My client has contacted you of her own free will to discuss this ridiculous allegation made by a spurned man. He’s obviously upset that things didn’t turn out the way he wanted that night, so he’s decided to grab hold of his fifteen minutes of fame.”
“Is that what this is?” Mr. Gaines asked. “Because to me, she sure seems like a woman who feels no guilt or remorse. A woman who was truly innocent and loved her husband would not be able to jump into bed with another man less than a week later.”
Dave stood up from his chair. “Brian, I’ve asked you once politely. Don’t make me ask you to leave.”
Gaines held up his hands and said, “Okay, okay. But know this, young lady. The jury is not going to look favorably on this newest development. And there won’t be a soul in the county who won’t have heard about this.”
“We’ll ask for a change of venue,” Dave snapped back.
“You can ask,” Gaines responded. “But Judge Thornton rarely grants those motions. I’d say it’s a safe bet she’ll rule against you.”
“But I didn’t do anything,” I pleaded as I jumped to my feet. “He’s lying.”
Dave held his hand out to quiet me. I nodded my head and sat back down in my seat.
“Quite a temper you have there,” Dorne said very serious look. “I can only imagine how upset you were when you found out your husband was screwing some pretty young thing on the side. Mad enough to kill him.”
“I…”
“Jim,” Dave interrupted me. “Stop trying to bait my client. She did not kill her husband. She did not know about the affair until the day I walked her into the jail. I’m the one who told her. I will testify to that in court.”
“So she’s got you fooled too,” Dorne said.
“Enough,” Gaines said, looking sharply at the detective. He turned his attention back to Dave. “You wanted us to hear from her. We’ve heard from her. Will there be anything else?”
“Brian, what about a deal?”
“A deal? In a first degree, premeditated murder case?” He looked truly shocked at the suggestion.
“You’re right. True or not, the jury pool, even in a different venue, will have heard about this Paul Daniels’s claim. It doesn’t cast her in a very positive light.”
I couldn’t believe what I was hearing. “Dave, may I speak with you alone?”
He just held up his forefinger and continued looking at Mr. Gaines. “So give me your best deal and I’ll talk it over with my client.”
Gaines chuckled almost silently. “Dave, you really are hopelessly optimistic. Perhaps it comes with the territory, but you’ve lost your ever lovin’ mind if you think I’m going to make a deal with a woman who waited for her husband to fall asleep and then shot him in the head, blowing half of it off, all because he was cheating on her. The Commonwealth doesn’t make deals with premeditated murders. No, I think we’ll take our chances at trial.”
“Brian, you’ve got no physical evidence, no witnesses to the act, no gun. I wouldn’t be so certain if I were you.”
Gaines just smiled and said, “She had motive, means, and opportunity. She’s guilty as sin. Now, if there’s nothing else?”
Dave looked defeated. “No, that’ll be all.”
“You have a nice day, Mr. Rogers,” Dorne said sarcastically as he waddled out behind Gaines.
As soon as they were out of earshot, I faced my attorney. “Dave, what the fuck was that?”
“What do you mean?”
“You asked him for a deal. Without even talking to me.”
“Libby, I saw an opportunity and I had to at least try. He’s right about this Paul Daniels thing. It’s not going to help you at all at trial.”
“But I’ve told you a dozen times already. I did not sleep with him!”
“I know. I believe you. But the public won’t. They’ll believe him. He’s a firefighter. An upstanding member of the community. You’re already a suspect in Ryan’s murder and some people think you killed Lindsey too, no matter what the coroner says. Your best bet at this point is to pray they offer you a deal before trial.”
“I’m not going to take any plea deals. I am innocent. Of all of it. I am not going to prison for something I didn’t do.”
I stood with my arms crossed over my chest and wore the most serious expression I could muster.
“Fine, fine. We’ll talk about this again down the road. But for now, we need to do damage control with this news story.”
“Damage control?”
“I think you should release a statement. Through me, of course. Don’t let him have the last word.”
“But I’d have to admit I went back to his apartment. That can’t look good.”
“It’s better than what they think happened. Unless you get out ahead of this, everyone will just assume he’s telling the truth and that you slept with a strange man less than two weeks after your husband’s murder.”
“I guess you’re right,” I admitted. “So how do we do this?”
“Go home and write up a brief and concise statement and email it to me. I will then release it to the media outlets who have covered Paul’s story. Just be careful what you say. Tell the truth, but make sure it comes across that you did not sleep with him. I’ll edit it if I find it necessary before I send it out. You only need a paragraph. Short and sweet.”