Phillip Margolin - Fugitive

O’Connell flashed a smile of relief and the tension that had bunched his shoulders dissipated. “Thank you, Frank. I knew you wouldn’t let Kevin down.”

“Or Sally. I know how much she detested Senior.”

Frank opened his attaché case and took out a legal pad. “If we’re going to prevail, we’ll have to convince the court that there’s no reason to overrule Sally’s wishes. Senior is going to go after you unmercifully, so you’ll have to tell me how he might attack your character and how we can defend it.”

“Mr. O’Connell,” Amanda interjected. “I came here with my father because I’m representing Charlie Marsh. What happened here may impact his case. I’d like your permission to talk to Kevin while you two are conferring.”

The Irishman hesitated.

“I know how badly he’s been affected. But Charlie Marsh is facing the death penalty and Kevin might know something that can help him. I promise I won’t push Kevin. I’ll back off as soon as I see the first sign of a problem. But I’d really appreciate the chance to try to find out if he knows anything that will help clear Charlie’s name.”

O’Connell sighed. “Kevin spoke with the police yesterday. He seemed able to handle it. Go ahead, but please be gentle. This has been awful for him.”

KEVIN WAS LYING on a chaise longue at the side of the pool, dressed in a swim team T-shirt and khaki Bermuda shorts. He had a paperback science fiction novel with him but it was lying facedown across his thigh and he was staring across the water and into space.

Amanda took off her flats and walked barefoot onto the pool deck. The sun was behind her shoulder. Kevin squinted at her then shaded his eyes. Amanda sat next to him on the edge of another lounger.

“Hi, I’m Amanda Jaffe. I was out here about a week ago but we didn’t get a chance to meet.”

Kevin watched her but he didn’t say anything.

Amanda pointed at the T-shirt. “What’s your stroke?”

“The fly,” he answered without enthusiasm.

“Are you varsity?”

Kevin nodded.

“You on a club too or do you just swim for the high school?”

“I work out with Tualatin Hills,” he said, this answer no more animated than his others.

“I swam for them and Wilson High. My best distance was the two-hundred free.”

Kevin looked Amanda in the eye. “Who are you?”

Amanda smiled. “Tired of my small talk?”

Kevin didn’t answer.

“I’m a lawyer. I’m representing Charlie Marsh. Do you know who he is?”

“He was charged with killing my father but he ran away.”

“That’s right. Charlie is the man who came to your house the evening your mother was murdered. You tried to warn him.”

Kevin looked away at the mention of his mother’s murder.

“He’s very grateful, Kevin. A lot of people would have been too scared to try to warn Charlie but you risked your life to do it. That’s the important thing.”

“He still got shot.”

“Sometimes events are out of our control and the best we can do is try.”

Kevin looked away and sobbed. “It’s not fair. She was so good.”

Amanda wanted to say something to comfort Kevin but she knew Sally’s death was too recent for anything she said to help. After a while, the tears stopped. Kevin lay quietly with his eyes shut and his chest heaving.

“Can you tell me what happened in your house?” Amanda said when Kevin’s breathing eased.

“I don’t want to talk about it.”

“I know you don’t, but someone has made two attempts to kill Charlie. The police are certain he’ll try again. The person who murdered your mother is the man who is after Charlie. You may know something that will help the police catch him.”

“I told them everything I know.”

“Can you tell me?”

Kevin closed his eyes. Then he took a deep breath. “He came into my room. It was dark and he had a mask on, so I can’t tell you what he looked like.”

“That’s okay.”

“He put tape over my mouth. That’s what woke me. I tried to yell, to warn Mom, but I couldn’t.”

“No one could have.”

“I tried but my mouth was taped and he…he had a gun. He said he’d kill Mom if I tried to warn her. I…I believed him, but he killed her anyway.”

Kevin sobbed again and Amanda waited.

“What did this man sound like? Was there anything distinctive about his voice?”

“He whispered when he talked to me. He was trying to disguise his voice.”

“Okay. What happened next?”

“He tied me up and left me. I tried to get out of the tape but I couldn’t. When he came back he told me that he wouldn’t harm me if I did what he said. Then he brought me down to the living room. Mom was tied to a chair. Gina was…she was on the floor.”

Kevin licked his lips and looked off across the pool.

“What happened then?”

“He made Mom call Mr. Marsh. He said he’d shoot me if she didn’t. He told her what to say and she called him. Then we waited. We heard the front door open. That’s when…when he…”

“You don’t have to say it. I know what happened.”

Kevin nodded. He started to cry again.

“Kevin, what did you see when Mr. Marsh came into the living room?”

“I tried to tell him there was a man behind the drapes. I was trying to warn him when the man stepped out and shot Mr. Marsh. Then there was a shot from the front of the living room and the French windows shattered and everyone was shooting.”

“Did you see who saved Mr. Marsh?”

“When the shooting started I threw myself down on the floor. I was facing toward the French windows. I never looked at the door but I saw a reflection in the glass. It was wavy and there wasn’t much light but I think I saw a black man.”

“How sure are you that he was black?” Amanda asked as she tried to picture Nathan Tuazama as Charlie’s guardian angel.

“I’m pretty sure,” Kevin said hesitantly.

“What happened to the man who killed your mother?”

“He ran away. He got out through the windows.”

“Do you know if he was wounded?”

“No. My face was pressed to the floor. I only saw his sneakers when he ran out.”

Amanda could see that Kevin was exhausted and she decided he’d had enough.

“Thank you for talking to me,” she said.

“Did it help?”

“Yes. You’ve cleared up a few things for me.”

But the truth was that Kevin’s story had only muddied the waters. It made sense for Tuazama to keep Charlie alive so he could get the diamonds. But how had he known Charlie would go to Sally’s house in the middle of the night? She guessed it was possible that Tuazama had Charlie’s hotel staked out but it didn’t really make sense that he would be watching the hotel at two in the morning. Tuazama had to sleep.

And why didn’t the killer murder Kevin? Maybe the killer had planned on murdering Kevin and the person who saved Charlie had forced him to run before he could finish off the last witness to his crime. That made sense, but Amanda could think of another explanation for Kevin’s survival that was equally viable.

Amanda went to see Kate as soon as she returned to the law office.

“How did it go in Denver?” she asked.

“Excellent. Rollins admitted lying at Sally Pope’s trial. He claims Burdett pressured him to say he saw Charlie shoot Pope by threatening to go after him for assaulting the security guard. He told me he never saw who fired the shot. There’s a report on your desk.”

“That’s fantastic news. Rollins’s testimony was the only solid evidence against Charlie. Now that he’s retracted it, Burdett may have to drop the charges.”

Suddenly Amanda smiled wickedly.