Murder in the Hotel: A Daniel Swift Mystery

by Penelope Sotheby

  Chapter 17

  Daniel and Kristie returned the office where they found Jason waiting. Daniel had given him a list of names of potential witnesses to subpoena for the trial. He had contacted Bill’s nephew and his wife and an old acquaintance from Tennessee who remembered both men.

  “What about Kate Paglio?” Daniel asked.

  “I cannot find her,” Jason said. “The apartment is empty and cleaned out. She’s dropped off the radar.”

  “How can she have dropped off the radar?” Kristie asked. “How is she surviving?”

  “I suspect she has access to the cash David managed to get from Bill Levy.”

  The three sat down together in Daniel’s office and started going over what would be presented at trial the next day. Kristie had just gotten up to refill their coffee when the office’s electronic bell went off.

  “You didn’t lock the door?” she asked Daniel.

  “No, why didn’t you?”

  “Because you were the last one in. Didn’t your parents teach you that rule?” she said smiling as she walked into the lobby. Daniel and Jason heard the gruff sound of a man’s voice. He sounded as if he was not being particularly cordial to Kristie, so Daniel decided to get up and see what was happening. When he next heard Kristie speak, he realized he should not have worried.

  “Look, buddy,” she said. “You can sit your bottom down right there, and I will see if Mr. Swift has the time or the want to see you. But don’t you go telling me what I am and am not going to do.”

  Kristie walked into Daniel’s office and carefully shut the door behind her. Both men looked at her with a stunned but proud look.

  “There is someone here to see you, Daniel,”

  “Yeah, I think we got that,” Jason replied.

  “Who is it, Kristie?” Daniel asked.

  “It’s a private detective by the name of Jake Keenan. He is pretty insistent that he talk to you. He said he has some information about Kate Paglio.”

  “I bet he does. And by the way guys, it turns out he is former private detective Jake Keenan. I did a little more digging, and it turns out he lost his license.”

  “I guess that explains the special business cards you were talking about. Let’s go see what he has to say.”

  Daniel and Jason followed Kristie back into the lobby. Sitting in one of the office chairs was a large, gray-haired man with a leathery face and red nose. It was apparent he had spent a considerable amount of his time in the sun and drinking, perhaps at the same time.

  “Mr. Keenan, I’m Daniel Swift. What can I do for you?”

  “I think I can do something for you. I understand you are looking for Kate Paglio.”

  “Well sir, I’m not sure where you got that understanding,” Daniel said.

  “Through the grapevine,” the man said. “I have my sources, and they tell me that you have been trying to subpoena her for Bill Levy’s trial and are having no luck.”

  “That’s pretty impressive. Sources in this area, I mean. I thought you were from Atlantic City.”

  “I am. But unlike you, kid, I’ve been around long enough to have eyes and ears everywhere.”

  “What do you have to say, Keenan?” Daniel asked, his tone making it apparent that he was getting irritated with the man’s showmanship.

  “Kate Paglio has skipped town, and she took about twenty-k with her. That should get her pretty far. And if you ask me, it looks awfully suspicious.”

  “Possibly. I met Kate, and her grief regarding the loss of her husband seemed pretty sincere to me.”

  “I met her too. “In fact, I met both of them. And they both are lying cheats.”

  “You seem to have a problem with Kate and the late Mr. Oprah.”

  “You’re damn right I do. I was hired to do a job and promised payment, which I still have not received.”

  “Mr. Keenan, where were you on the night David Oprah was murdered?”

  “What is that supposed to mean?”

  “It means that you had motive to kill them, man. You did not get what you think you were promised and came to Key West all the way from Atlantic City. People don’t typically do that unless they are looking to get a lot of money or looking to get even.”

  Keenan gave Daniel a cold look. Kristie thought that if there had not been two other people around, Keenan might have taken a swing at her boss. Then Keenan started to laugh.

  “Well, well, well. Looks like you might be getting desperate, Mr. Defense Attorney. I did not kill the man. I was with your client’s niece-in-law, Joanne.”

  “What were you discussing?” Jason asked.

  “Business. As in none of yours. Now, if you’ll excuse me, I’ll be on my way. You are very welcome for the information on Kate.”

  Keenan left the office, climbed into an older model four-door sedan and peeled out of the parking lot. Kristie hurried to the front door of the office and locked it.

  “That guy was a creep,” Kristie remarked.

  “I guess that’s one word for him,” Jason said in agreement. “I would have thrown out something a little stronger.”

  “Well, Kristie has a lot more couth than you now, doesn’t she,” Daniel stated. “Why don’t you go grab us some dinner Jason? Then we can look at this Keenan angle before tomorrow.”

  “Got it boss,” Jason said.

  Kristie unlocked the door, let Jason out and locked it behind him. She joined Daniel in his office to discuss the next steps. Daniel looked beat, and Kristie was not sure what to say to help him. It was not very often that he was on what looked to be the losing side of things. She reached her hand down and gently rubbed his shoulder. He took a deep breath and put his hand over hers. For more than a minute, they stood in that intimate state before Kristie quickly pulled her hand away.

  “Sorry,” she said blushing.

  “Don’t be. It was nice.”

  “So, what’s next?” Kristie said, trying to break the tension in the room.

  Daniel stared down at the file on Bill Levy’s case. He picked it up and began to thumb through it until he pulled out a synopsis of the incident at the Farnsworth Sanitarium. He read the synopsis and made a few notes on the legal pad he kept on his desk.

  “Next is putting Scott Kirby on the stand to talk about Bill’s mental state”

  “How could that possibly be helpful?”

  “I’m not sure that it will be, but it’s the best shot we have right now,”

  They heard a knock at the door followed by Jason complaining about the cold. He was carrying takeout from a local food truck that frequented the beach area close to the law office. Kristie unlocked the door and let him in.

  “You live in Key West, Jason, it doesn’t get cold,” she said in a teasing tone. He smiled playfully at her and took the food to Daniel’s office. The three sat down together, discussing the day’s testimony. Anything they wanted to make sure remained completely private, however, they wrote on yellow legal pads.

  Chapter 18

  The next morning Daniel and Kristie sat at the defense table with Bill Levy. District Attorney George Slater opened the courtroom doors and walked to the prosecutor’s table with a smarmy swagger. He put his leather briefcase down on the table and motioned for his assistant to place the heavy file boxes on the table as well.

  “Well good morning Mr. Swift,” Slater said.

  “Slater,” Daniel remarked without looking up from the notepad he was jotting notes on. “You’re looking particularly dapper today.”

  “Why thank you,” Slater replied, apparently not noticing the mockery in Daniel’s voice. “Think we might be able to finish this up today?”

  “I suppose that depends on you now, doesn’t it.”

  “Yes,” Slater agreed. “It does indeed.” Daniel looked up to see the district attorney smiling confidently down at him. He held his gaze until the door to the judge’s chamber opened. The bailiff instructed those present in the courtroom to sta
nd. The judge walked in, motioned the court to be seated and asked the attorneys if any business needed to be addressed before the jury entered.

  “Nothing from the State,” Slater said.

  “Nor from the defense,” Daniel remarked.

  “Very well,” the judge said. “Everybody up, and let’s have the jury.”

  The jury filed in and the judge motioned to the district attorney.

  “The State calls Scott Kirby,” Slater said.

  “Interesting,” Kristie said quietly to Daniel, who looked up and nodded slightly.

  Scott Kirby entered the courtroom, was directed to the witness stand and sworn in by the bailiff.

  “Please introduce yourself to the jury,” Slater commanded.

  “I am Scott Kirby,”

  “Do you know the defendant, Bill Levy?”

  “Yes, I do,” Scott answered, “He is my uncle and has been living with me for the past few years.”

  “Were you recently involved in a proceeding regarding the defendant’s mental health?”

  “Yes. My wife and I approached Dr. Farnsworth about some concerns we had regarding actions my uncle was taking. We did not feel they were in his best interest.”

  Scott went on to explain what he and his wife considered strange behavior by his uncle, stating that he was putting himself in financial peril and exhibiting dangerous mood swings. After speaking with Dr. Farnsworth, Scott and his wife took Bill to the Farnsworth Sanitarium.

  “Did your uncle appear to want to go and meet with Dr. Farnsworth?” Slater asked.

  “No, he did not,” Scott answered.

  “What happened after the meeting?”

  “Dr. Farnsworth felt that my uncle needed to be committed to the sanitarium.”

  “And was he?”

  “Yes, he was involuntarily committed.”

  “After his commitment, did another court hearing occur?”

  “Mr. Swift there,” he said, pointing at the defense table. “Well, he showed up to get Bill out of the sanitarium. Dr. Farnsworth also came but did not bring Bill. He said Bill was medically unable to attend, so the judge decided that everyone would meet out at the sanitarium.”

  “What was the ultimate outcome of what sounds like quite a debacle?”

  “When we got to the sanitarium, my uncle had escaped, but the judge decided that he did not need to be there in the first place.”

  “So what you are saying is that a court of law determined the defendant, Bill Levy, to be in his right mind. Is that correct?”

  “Yes,” he answered.

  District Attorney Slater then snatched a document from his table and handed it to Daniel. “Your honor,” he began. “I am providing a copy of the final determination in the competency hearing of the defendant in which the court stated that Mr. Levy was indeed competent and in his right mind merely hours before the death of the victim in this case.”

  Daniel rolled his eyes at the district attorney’s unnecessary grandstanding and handed him back the determination. He stood and addressed the court. “I have no objection to this document,”

  Slater gave the determination to the court and returned to his table. He had finished his questioning of Scott Kirby. Daniel paused, looking through his notes, a slight smile on his face.

  “Mr. Kirby, what are your thoughts on the competency of your uncle?” he asked.

  The district attorney jumped from his chair. “Objection, your honor,” he said excitedly. “The opinion of the witness on the defendant’s competency is irrelevant. He is not an expert in the appropriate field.”

  The judge put his hand out, motioning for the prosecutor to calm down. He looked over his glasses at Daniel, awaiting a response.

  “Judge, I’m not asking him for a medical opinion, I’m just trying to find out why my client’s nephew found it necessary to seek help from a psychiatrist,”

  “Ok, the witness may answer the question,” the judge said.

  “Your honor, I want it noted on the record that I object to the witness being allowed to offer any opinion as to the mental state of the defendant, and that any opinion being offered is a layperson’s.”

  “It is so noted,” the judge said. “Now sit down and be quiet so he can answer the question.”

  “Well, at the beginning I suppose I believed Dr. Farnsworth,” Scott told the court. “But after everything that happened, I think he knows exactly what he has done.”

  “Did you seek out Dr. Farnsworth, or did your wife?”

  “Initially it was my wife,” Scott admitted. “But I fully supported her.”

  “So would that explain why you and your wife sat down with the attorney Simon Levoir to try and gain control of your uncle’s assets?”

  Scott began to stammer a bit as Slater once again leapt from his chair with an objection to Daniel’s questioning.

  “That line of questioning is irrelevant to this case,”

  “On the contrary, your honor, it is completely relevant. It goes directly to this witness’s motive for testifying.”

  The judge agreed and allowed Daniel to continue. Scott had begun to turn a bit red and asked the bailiff for a glass of water before continuing. He slowly drank the water while looking at the district attorney with a fearful look. It was very apparent that the witness had not shared this information with Slater.

  “Are you okay, Mr. Kirby?” Daniel asked, trying to give the witness a sense of ease before pouncing with more questions. “Is there anything else you need?”

  “No, thanks, I’m good.”

  “So, about the meeting with Simon Levoir, was that to gain control of your uncle’s estate?” Daniel asked.

  “Do I really have to answer that?” he said, looking at the judge. “Isn’t there some attorney-client privilege?”

  “Not when the court tells you that you have to answer,” the judge replied. “And I am telling you that you have to answer.”

  “Alright, yes then, Joanne and I met with Mrs. Levoir about my uncle. At the time we thought his competency was in question and wanted to make sure he was protected.”

  “How did you plan to protect Bill?” Daniel asked.

  “Mrs. Levoir suggested we petition the court for joint custody of his affairs. That way we could control his expenditures and make sure he did not continue to make risky decisions.”

  “Did you still think his competency was in question when you met individually with another attorney to petition for sole guardianship of your uncle’s estate?” Daniel asked.

  “What?” came a high-pitched voice from the back of the courtroom. Everyone turned to see Joanne Kirby, now standing, looking angrily at her husband. “You did what?”

  “Order, order in this court,” the judge shouted pounding his gavel. “Madam, you are going to have to keep your emotions in check in my courtroom. If you cannot do that you will be asked to leave.”

  “Oh, I am not leaving until I hear the rest of this,” she shouted back.

  “You keep that up, and my bailiff will assist in your departure,” the judge said sternly.

  “Don’t you threaten me!”

  “It’s not a threat, madam, it is a promise.” The judge nodded to the bailiff who approached Joanne Kirby and motioned for her to get up.

  “Oh, I am not going anywhere,” she told the bailiff.

  “Yes ma’am, you are,” the bailiff told her.

  He reached down and gently grabbed her by the shoulder. She started smacking him with her purse. “Unhand me,” she shouted. Two other bailiffs assisted in removing her from the courtroom. Daniel looked over at the witness to see what seemed to be a look of fear in Scott Kirby’s face.

  “Alright folks,” the judge told the court. “That is the last of the outbursts. The next one sends you to jail. Mr. Swift, please continue.”

  “Mr. Kirby, did you still think your uncle’s competency was in question when you met individually with an attorney other than Ms. Le
voir to petition for sole guardianship of your uncle’s estate?”

  “Um, yes, I just wanted to get a second opinion. I wanted to make sure my wife was protected in this.”

  “If you wanted to protect your wife, why did you not tell her or include her?”

  “It was, you know, a busy time, and I just thought it would be easier if I took care of it,” he said with obvious uncertainty.

  “I’m sure. Do you get along well with your wife?”

  “I, uh, of course I do, she is my wife.”

  “Would you agree that she seemed a little surprised by the revelation of your meeting with an attorney?”

  “Like I said, I was just trying to protect her.”

  “I’m sure,” Daniel replied. “By the way Mr. Kirby, where were you the night the victim was murdered?”

  “Objection, your honor,” the district attorney said, his voice a little shaken. It was clear he did not have any reasoning and was becoming concerned with Daniel Swift’s questioning.

  “Overruled,” the judge replied. “The witness will answer the question.”

  “I was at home with my wife,”

  “Are your sure about that Mr. Kirby?” Daniel asked.

  “Of course I am, I was at home with my wife.”

  “And what were the two of you doing?”

  “I don’t know for sure, but I’m pretty sure that we were watching a movie or something.”

  “Mr. Kirby, do you see the man sitting behind defense table?” Daniel asked. “The man in the brown blazer?”

  “Um, yeah sure,”

  “His name is Jason Hunter, he works for me as a private investigator. He was the one that spotted you leaving an attorney’s office which was obviously unbeknownst to your wife. He also did some legwork on what your wife was doing on the night of the murder. He is prepared to testify that he has evidence that on the night of the murder your wife was not at home, but out at a club after she left work until well after midnight.”