Behind The Lies

by Mark R Beckner

  “We need to ask you a few more questions Brad,” says Baker, “and we need to collect a DNA sample from you.”

  “What are you talking about!?” protests Brad. “I’ve already told you everything I know. I did not go to the school with Aaron, and I did not kill Wendy.”

  Brenda McGivens walks into the living room wearing her pink robe. “What is going on here detectives? What is so important you have to disrupt us this early?”

  “Sorry Mrs. McGivens,” replies Walker, “but we have new information and need to ask Brad some more questions.”

  “He’s already told you everything he knows, and I told you he was home with me all evening. You can talk to our attorney if you have more questions.”

  “Brad is 18, he can make up his own mind whether he wants to answer questions or not” Walker reminds her. “We also have a warrant to take a sample of Brad’s DNA. We can do it here or at the police department. You’re choice, Brad.”

  Upon hearing this, Brad is starting to feel nauseous. What new information are they talking about? He is not sure what to do, but he knows he doesn’t want to go with the detectives to the police department.

  “Brad,” says Mrs. McGivens, “don’t answer any more questions. We will call your dad’s attorney this morning to get this taken care of.”

  “Okay mom,” says Brad.

  “We still need to get your DNA Brad,” advises Walker. “I can take swabs of your mouth here, or we can take you to the police department, but either way, you have no choice.”

  “Just take them now then,” says Brad.

  Walker then takes two cotton swabs on long thin wooden sticks and swabs the inside of Brad’s mouth. They are then packaged separately, sealed, labeled, and signed by Walker. Before leaving, Walker uses his cell phone to take a picture of Brad’s face.

  “What’s that for?” protests Brad.

  “Just wanted to document your football injury.”

  The detectives then leave the McGivens home and start the hour drive toward Grand Rapids to drop off the new DNA samples at the state crime lab.

  9:30 am

  Aaron Livingston has made it through the night to see another day in jail. He did not sleep well, as his increasing anxiety and depression keep him awake. He has just returned to his cell from the common eating area where breakfast is served. He has eaten very little since being put in jail, as it only seems to upset his stomach. Aaron has reached the conclusion that the only way out of this is to commit suicide. And the only way he can figure to do that is to find something to hang himself with. Earlier this morning, Aaron used the edge of one of the wire springs under his jail cell mattress to start a small rip in his bed sheet. This gave him enough of a start that he could then pull on the sheet to rip off a strip of cloth. He did this from the side of the sheet against the wall so that no one would notice.

  The door to his cell is solid metal with a 2 x 3 foot solid window running vertically on the door. The window is reinforced with half-inch metal screen squares embedded in the glass. This large window allows the detention staff to check on the juvenile inmates every hour during lockdown times. The only object Aaron sees that might be used to hang himself from is the door handle on the inside of the door. In order to hang himself, he will have to kneel, cinch the strip of sheet around his neck and tie the other end to the door handle. He will then have to allow his body to go limp, cutting off the blood supply to his brain long enough to cause him to pass out from lack of oxygen to the brain. Once he passes out, his body will remain limp, keeping the pressure of the sheet against his carotid artery and preventing blood flow to the brain. Within minutes, he will die. The trick will be timing it so that no one comes by to stop him before he dies.

  Aaron plans to do this sometime after his mom visits him at 10:00 am. He wants to see his mom one more time and apologize for all the trouble he has caused. As expected, Mrs. Livingston arrives promptly at 10:00 and is led to the visiting area. Aaron soon joins her.

  “How are you doing Aaron?”

  “I’m okay mom, just pretty depressed about all that has happened. Thank you for coming.”

  “Of course. Everything will be alright. I talked to your public defender and he says once we have all the information and test results, we will know more about how to proceed,” she assures him.

  “Can you get me out of here?” Aaron asks as he starts to tear up.

  “I’m sorry Aaron, our house is not worth enough for the collateral to post the bond.”

  “Mom?”

  “Yes dear.”

  “You know I love you very much, right?”

  “Of course I do!” she replies. “And I love you with all my heart Aaron.”

  “And you know I wouldn’t do anything to intentionally hurt you, right?”

  Mrs. Livingston looks at her son with a puzzled look, “yes Aaron, why are you talking this way?”

  “I’m just sorry for all this trouble I’ve caused.”

  “Nonsense Aaron,” she says. “But why didn’t you tell me what happened?”

  “I was too embarrassed.”

  They continue to talk for another 20 minutes or so about some happier times, including when Aaron’s father was still alive. Aaron doesn’t have a lot of memories of his father as he was only four when he passed away. However, Aaron enjoys hearing stories about his father, as it helps bring back some of those memories. Finally, a jail attendant comes to the door to advise Mrs. Livingston it is time to go. Aaron is at peace now that he has been able to have this conversation with his mom and while she does not know it, he is saying goodbye. The attendant leads Aaron back to his cell.

  Driving back from Grand Rapids, Walker and Baker continue to evaluate the case and evidence they have collected thus far. “It’s too bad McGivens wouldn’t talk to us,” says Walker. “I wanted to press him about the video and ask about those gloves. Did you see the look on his face when I mentioned we had new information?”

  “Oh yeah,” replies Baker. “He did not look comfortable after you mentioned that. Mom still believes he was home all night though. But, maybe the DNA will clear things up a bit more.”

  “When we get back,” says Walker, “I’m going to ask Wiggins if he can work on cleaning up those videos some. If we can get a clearer picture, we might be able to positively identify McGivens.”

  It is about 10:50 am when Walker receives a phone call from Jerry Freeman with the state crime lab. Freeman says he has some further DNA results from items dropped off over the weekend. There is no foreign DNA found on the swabs from Wendy’s neck. However, Wendy’s DNA, as well as foreign male and female DNA was found on the yellow scarf. He says it is difficult to type the DNA on the scarf due to the mixtures. Freeman says this is not uncommon if other friends had touched the scarf over the last few days. However, he cannot eliminate Livingston as one of the contributors to the mixture on the scarf. Only Wendy’s DNA is found both on the inside and outside of the tennis shoe.

  As for the DNA from inside the black gloves, Freeman only finds one type of unknown male DNA. This DNA does not match Aaron Livingston. Only two of Wendy’s nail scrapings test positive for male DNA. The first and second fingers of her right hand contain her DNA, as well as unknown male DNA. The interesting fact is that the male DNA from inside the glove and under her nails come from the same male.

  So most likely, our victim was able to scratch her assailant, who was wearing the gloves found in Aaron’s car, ponders Walker. “Thank you Jerry, that is indeed some good news. When do you think you can test the DNA we dropped off this morning?”

  “Won’t be until this afternoon,” advises Freeman.

  11:15 am

  Aaron Livingston waits until all the 11:00 room checks have been completed. He probably has about 45 minutes until the next room check occurs. He will probably be discovered when they come to let him out for lunch. Of course, people periodically walk by his door throughout the day, so he’s not certain no one will notice. However, this time frame gi
ves him his best chance. Aaron pulls out the cotton strip of sheet he has torn from under his blanket. The first task is to tie the noose around his neck in such a fashion that it tightens further as he goes limp, putting additional weight onto the homemade noose. He rolls up the sheet to make it rope-like. The thinner the better. If he makes it too wide, it might not adequately cut off his blood supply. Aaron practices making a slip knot until he is satisfied it will work as expected.

  Aaron then ties the other end of his cord to the door handle, pulling it hard to make sure it will hold. Aaron positions himself along the wall just to the right of the door. This will allow him to stretch his legs out parallel to the door and then let his body weight hang from the cord. It will also keep anyone walking by from seeing his legs. Aaron thinks about Wendy and how she died from being choked to death. This will be a fitting way for me to die as well, thinks Aaron. Aaron slips the noose around his neck, adjusts it so that it is sure to apply pressure to his carotid artery, says a little prayer, then lets his body go limp. It takes a few minutes longer than Aaron expects, but he eventually starts to feel lightheaded. His legs start to jerk, but he concentrates on not using them to relieve the pressure. There is a visceral urge to fight off the choking sensation. He concentrates on not relieving the pressure on his neck. He starts to have difficulty taking in air as things start to go black. Just before losing consciousness, he feels the room spinning around him. Finally, he stops breathing and his body lies motionless with his neck held tight in the noose.

  12:22 pm

  Baker, who had been consulting with the District Attorney, returns to the office and Walker fills him in on the latest DNA results. “If Brad’s DNA matches the unknown DNA from the gloves and Wendy’s nails……….” Walker's voice trails off.

  “I’m thinking the same thing,” says Baker. “If it does, you can bet that scratch on Brad’s left cheek didn’t happen at football practice.”

  Both detectives feel some sense of remorse. They can’t be sure yet, at least until more test results come in, but it is looking more and more like Aaron was telling the truth.

  “We need those results,” says Baker.

  1:10 pm

  Walker receives an email from Bruce Wiggins with the Sheriff’s Department. He has been able to clean up and enhance the security video from Johnson’s Café and attached it to the email. Walker opens it up to view. The clarity of the subject in the video is not perfect, but Walker is now 90% sure it is Brad McGivens he sees in the video. I knew it, thinks Walker. Walker shows the video to Baker.

  “Well, if you ask me, that’s Brad McGivens.”

  “I agree,” responds Walker. “And I believe a jury will think so as well.”

  1:35 pm

  Baker receives a call from Officer Ivey. She informs him that their suspect, Aaron Livingston is at the county hospital in critical condition. She tells him Aaron had tried to hang himself with a sheet. Another inmate heard strange sounds and banging against the cell door and yelled for a guard. They found Aaron hanging from the door handle, unconscious, not breathing, and with no pulse. Jail staff started CPR and were able to get his pulse started again. He was then taken to the hospital by ambulance.

  “Oh my god.”

  “What is it?” Walker asks.

  “Livingston tried to hang himself today. He’s in ICU in critical condition.”

  Mrs. Livingston is at her son’s side holding his hand. She gently cries as she softly talks to Aaron, praying he will make it. The attending doctor advises her Aaron suffered some damage to his neck tendons and possibly his larynx. It is too early to know if Aaron suffered any serious brain damage. He is on a ventilator and doctors have induced a coma. At this point, it is not clear Aaron will live. If Aaron makes it through the night and his vitals have improved, they will try to get him off the ventilator tomorrow morning. And if that goes well, they will attempt to wake him later in the day. Doctors can then start to assess the level of brain damage.

  At 4:45 pm, detectives finally receive the call they have been waiting for. Freeman tells Walker the male DNA samples from inside both gloves and from underneath Wendy’s nails are a match to the DNA of Brad McGivens. He also cannot be eliminated as a contributor to the mixed DNA on the yellow scarf.

  “We got him,” announces Walker. “Brad’s DNA matches the gloves and nails”

  “I’m going to update the Chief and the DA, then let’s get working on another arrest warrant,” responds Baker. Neither says anything else, but both detectives are regretting not giving more weight to Aaron’s story.

  By 7:00 pm, they have the affidavit ready and once again respond to the residence of the on-call judge. “This is getting to be a habit,” says the judge as he takes the affidavit from Walker.

  “Sorry judge, but we didn’t want to wait until tomorrow. This was a brutal murder.”

  “Oh, no problem,” says the judge as he starts to read the affidavit. “This Brad character sounds dangerous.”

  The judge signs the warrant for Brad’s arrest and attaches a bond amount of $1,000,000. “Here you go, now go get him,” he says as he hands Walker the warrant.

  By 7:45 pm, Walker and Baker are back at the front door of the McGivens’ home. This time, Mike McGivens, Brad’s father, answers the door. “Brad is not going to talk to you detectives.”

  “We’re not here to talk Mr. McGivens, we have an arrest warrant for Brad,” says Baker.

  “Do you have a search warrant?”

  “No, just an arrest warrant. We need to see Brad now,” continues Baker.

  “You are not getting in here without a search warrant.”

  “Mr. McGivens, this warrant allows us to come here and arrest your son. We can do this the easy way or the hard way,” warns Baker. “This warrant allows us to enter the home Brad lives in to make the arrest if necessary. We are not here to search your home. Do I need to call for more officers to help us make this arrest?”

  Mr. McGivens stands staring at the detectives. Nothing is said for a few seconds. “Alright, you can step inside and I will get Brad. But he did not commit any crime and I will sue both of you and the city for this outrageous conduct.”

  Before taking Brad to the county jail for booking, they transport him to the police department. Without his parents around, they are hoping Brad will talk to them. They walk Brad to the interview room, a small room with light gray walls, a small featureless table, and three metal-framed plastic chairs. A small microphone is on the table with a camera mounted on the wall opposite the table. As they walk in and seat Brad, Walker turns the recording equipment on.

  “We would like to hear your side of the story, Brad,” explains Walker, “but first we need to read you your Miranda Rights.” After reading Brad his rights, Walker asks if he would be willing to answer some questions. To his surprise, Brad agrees.

  “Go ahead Brad, tell us your side of what happened the night Wendy was killed,” Walker says while scooting his chair closer to Brad. Baker sits off to the side at a 90-degree angle.

  “Like I’ve told you, Aaron is lying. I did not go with him that night. My only involvement was in helping him get Wendy to agree to meet him. I could never hurt Wendy.”

  Both Baker and Walker notice Brad has lost his confidence in his statements. He has trouble making eye contact, often looking down at the table while he talks.

  “Well Brad,” says Walker, “we found your gloves in the back of Aaron’s car.”

  “Those aren’t my gloves. They must be Aaron’s.”

  “Have you ever worn those gloves?”

  “No.”

  “How do you explain your DNA being on the inside of those gloves?”

  Brad stares at the table in front of him. “I don’t know.”

  “Brad,” Walker continues, “The DNA proves beyond a doubt that you wore those gloves. Aaron’s DNA was not on those gloves. And that scratch of yours? That was caused from Wendy fighting for her life. I know that because your DNA was found under fingernails of
her right hand, Brad,”

  “It can’t be,” Brad says quietly. He feels like his body is shivering, like when one is cold. His throat and mouth are dry, and his stomach feels upset.

  “Here, I want you to look at this.” Walker opens his laptop computer, pulls up a video, and slides the laptop in front of Brad. “Watch this Brad.”

  Brad looks up at the screen and watches the security footage from Johnson’s Café.

  “You see that Brad? That’s you in the video wearing black gloves at the same time you and your mom said you were home. Now, look at this, you are returning and no longer wearing gloves”

  Brad remains silent.

  “Not only have you lied about everything Brad, so has your mother. She has been covering for you and we will probably have to charge her as an accessory after the fact.”

  “Alright,” Brad says in a defeated voice. He looks up with tears in his eyes. “My mom had nothing to do with this. I snuck out my bedroom window that night. She thought I was home the whole time.”

  “Okay Brad, now tell us what happened to Wendy.”

  At this point, Brad knows the gig is up. Between sobs, he explains how he had helped with the texts to win Wendy over, thinking she would be pleased when she found out it was him behind the texting. He admits going with Aaron Thursday night to meet Wendy and that Aaron had stayed in the car. Once Wendy rejected his advances, something in him triggered a response he cannot explain. He lost his temper and the next thing he knew; he had strangled Wendy. He left Aaron’s ring at the scene to remove suspicion from himself, and threw Wendy’s shoe, her scarf, and his gloves in the backseat of Aaron’s car. He never had any intention of hurting Wendy.

  Wednesday, November 18th

  It is 10:30 am and Mrs. Livingston is back in the hospital at her son’s bedside. The doctors have removed Aaron from the ventilator and his vitals have stabilized. Doctors tell her Aaron has shown marked improvement. If his vitals are still stable, they will begin to wake him from his coma in 30 minutes.