Perri O'Shaughnessy - Presumption Of Death

“That’s Robert Johnson.”

“But-look at Numbers Three and Four. Please notice what that man is wearing on his feet.”

“Jeans and a white T-shirt. He must have taken off the jacket, it was so hot. And black Nikes. Nikes! That’s Danny. That’s it! I knew something was wrong about the shoes the doctor was talking about! Remember yesterday, Nina? She said Danny had Doc Martens on his feet! Now, how could that be! How? How?”

“Take it easy, sir,” Salas told Wish, who had half gotten up.

“One moment, please,” Nina said, and walked back to the counsel table where Paul was waiting. “Help!” she whispered.

“You got me,” Paul said. “Maybe Wish is all mixed up. Go back and try again.”

She stood up straight again and said, “Mr. Whitefeather, did you specifically notice the shoes Mr. Cervantes was wearing when he came to your home to ask you to go to the ridge that night?”

“I sure did,” Wish said. “He wore black Nikes. I remember up on the ridge he got mad at me because his shoes were so much quieter than my boots.”

“But you’ve heard the testimony that Mr. Cervantes was wearing Doc Martens when he was found?”

“Yeah. And I think I know where they came from. That’s what Coyote was wearing. You can see, here, in Number One. Black Doc Martens.”

“But that can’t be,” Nina said.

“But it is!”

“I’m not following, Counsel,” Judge Salas said. Jaime was shaking his head, baffled. Nina was not following either.

Coyote wore Doc Martens. Therefore the body was Coyote. But the body wore a white T-shirt, jeans, Danny’s concho belt… therefore the body was Danny…

Wish said, “Can I say something?”

Salas spread his hands. “Can you shed some light on this?”

“Those boots take a long time to unlace.”

“So?”

“So the feet in the boots were Coyote’s feet. That’s for sure.”

“Ah-ha,” Salas said, tapping his pencil on his dais. “So-”

Wish was pounding his fist into the palm of his other hand, blinking as he tried to figure it out. Jaime’s eyes were shut as if in prayer. Paul was staring fixedly at his shoes.

But it was Nina who got it clearly into her noggin first. “So the feet in the Nikes are still running around somewhere, Your Honor,” Nina said. “Which would mean that Danny Cervantes is alive.”

“Wow,” Wish said. “I can’t believe it. That is so-that is so-maybe it isn’t.”

“Wish,” Nina said, “is it your testimony that the man in Photos Number Three and Four, who is wearing shoes that are obviously not Doc Martens boots, is Danny Cervantes?”

“Absolutely.”

“Thank you. I have nothing further. Your Honor, I move for a dismissal of all murder and manslaughter charges in the complaint, on grounds that there is no probable cause to believe that the defendant committed any crime against Daniel Cervantes.”

“We’re all pretty excited,” Salas said. “But I’m not so excited that I won’t let Mr. Sandoval cross-examine. It is now the lunch hour. We will resume at one-thirty. Jaime, why don’t you and this lady talk to each other.”

Jaime and Davy Crockett came up as soon as they were adjourned and Jaime said, “I can’t figure out if this is some scam you guys are trying to pull or if we ID’d the wrong man.” Paul stood next to her.

“Did you do the DNA test yet? Or the dental records comparison?” she asked Crockett.

“We haven’t had time. We relied on the uncle,” Crockett told her. “I’ll call the uncle. I’ll talk to Dr. Rittenhauer some more.”

“I have to go,” Nina said.

“See you after lunch.” The prosecutor and his investigator left quickly, and Nina repeated to Paul, “‘Those boots take a long time to unlace.’ Is it really possible? You know, sometimes you think you have this huge surprise in a case, but then it whiffs.”

“The foot bone’s connected to the leg bone. The medical examiner said it still was. And the leather boots were practically welded to the burned feet. And the photos don’t lie. Coyote’s wearing the boots. Wish ought to know. Didn’t you have him explain who was who in each picture?”

“No. I gave him the pictures and told him he’d be authenticating them and that we were going to show that both Coyote and Danny were at the fire. I didn’t go through each one with him. I blew that.”

“So the man in Arroyo Seco-the man who chained Nate-”

“Was Danny!” Nina clasped her hands together and said, “Nate wasn’t as incoherent as he sounded, Paul. We should have given him more credit, questioned him more closely. I remember-he said his brother was gone or something.”

“We missed some bets,” Paul said, “but I forgive us.”

“Maybe Coyote and Danny exchanged shoes during the fire.”

“You lost me there. Why-”

“It doesn’t make any sense. The body was wearing Danny’s clothes.”

“Maybe Coyote and Danny exchanged clothes during the fire. That’s more likely than switching shoes, because-”

“-the boots take a long time to unlace,” Nina said again. Nina smiled, spread her hands, and said, “Wish has such a way with words. He loves his boots too.”

“What now?”

Nina looked at her watch. The Siesta Court people would be waiting in the law library. “There’s so much I still don’t understand, Paul. Maybe Danny’s dead.”

“Then who killed Ruth Frost and Brian Donnelly? Who attacked Britta Cowan?”

“Right. It has to be Danny. But why bring Wish up to the ridge that night? What was Danny’s relationship to Coyote?”

“You go to your meeting,” Paul said. “I’m going to help Crockett, whether or not he wants my help. Try to get something to eat at some point so you don’t keel over in court.”

The Siesta Court deputation waited in the law library: Debbie Puglia, Megan Ballard, Jolene Hill, and Tory Eubanks. Nina shook hands and led them into one of the drab conference rooms nearby. They sat down around the table quietly. Jolene opened her bag and took out sandwiches and Snapples.

Nina took a moment to adjust to these women, who seemed so different from her impressions at the party and the talks on Debbie’s deck. Extracted from their family lives by whatever grave business had brought them here, dressed in business clothes, they had taken on the look of serious adults. Megan, in her suit coat and slacks, seemed to be the leader of the moment. The block party-had it only been ten days or so ago? It seemed to have been years ago.

“I’m very sorry,” Nina said. “I have to tell you that I don’t have very much time right now.”

“We understand,” Megan said. “But this is so important we had to see you. This is a consultation that is protected by the attorney-client privilege?”

“Yes. Even if I don’t represent you, this initial consultation is protected.”

“What is your fee for this consultation?”

Nina said, “I don’t charge initially.”

“What if we give you information about a crime that has been committed?”

Nina thought about her answer. “That’s a complicated subject. What I can do is this. I won’t take notes. If in our discussion there comes a moment when I feel we’re getting into an area where it’s my duty as an officer of the court to break the privilege, I will immediately stop you from speaking and tell you. But understand that I’m a criminal lawyer. If my client has committed a crime, I can defend him or her and the conversations are privileged.”

“I don’t know about this, Megan,” Tory said.

“We’re out of time, Tory,” Debbie told her. “We have to talk to somebody.”

“I know.”

Jolene said, “I suggest we get down to it. Okay, everybody?” They all nodded.