"None, really. Everything is circumstantial."
Charlie smiled, "That's okay. If we can use it to provide a shred of doubt then we are home free for an acquittal or a mistrial. However, something harder might encourage a dismissal."
Mandy smiled, and I replied, "I'm working on it."
"Don't worry," he said to Mandy, "this is very good news. Do we have any corroborating witnesses?"
I gave him brief details about Lisa, Trouble, Mark Lofton's mother, and Steve Reynolds, "the minister" for Mark and Leigh. "None of them has anything concrete, but they add to the strangeness behind the sudden marriage."
"I'll meet with the prosecutor," Charlie said, "and see if we can reach a deal."
"Good idea,” I concurred.
Mandy smiled again and said, "Do you think he'll take a deal?"
"Depends," Charlie said, "but it might beat fighting through a trial just to see you acquitted. We'll see. I'll see if he can meet me at lunch."
I looked at my watch. It was 8:35 a.m.
"I'm going to leave Mandy in your hands, Charlie. Maybe I can dig up something."
Charlie nodded, and I stood to leave. Mandy squeezed my hand and said, "Max, thank you for everything. I'm sorry you got this involved."
"You know me. Anything for a friend." I kissed her hand and left the office.
37
I walked out onto the street and into the glaring morning sun. I wanted to talk to Tom, but I figured that he would also be on his way to court.
I considered calling Lisa. She had been a great help, but I was feeling a bit guilty about calling her after last night. Not that I had a reason; I hadn't anchored my ship in any bay in a long time. Nonetheless, I decided to wait until after breakfast.
I crossed Main Street and stepped onto the curb. I wasn't starving, but the thought of a cup of coffee did get my engine running. I was passing a small diner on the corner of Main and Court Street that had a sign in the window that read, "Hot Coffee." There was no sign declaring the name of the diner, just that it had hot coffee. That seemed like the only thing important to me.
I pushed the door open, and a cowbell strapped to the handle jangled loudly causing everyone in the diner to turn toward me.
"Just have a seat," a cute waitress, who I guessed was no more than 22, said, "and I'll be right with you."
I found an empty booth and slid onto the bench. I took a moment to scan the room. There were about eight customers in the whole joint. I was beginning to feel an ease come over me. It may have been the beautiful morning that made one feel good to be alive, or it may be the way things had been snapping into place so quickly. I had a good
feeling, and I was certain that Charlie Nichols would have no problem in the trial. Of course, he was right. We needed something more concrete to ensure a victory.
My phone came alive with the sound of the William Tell Overture, or for the more ignorant, The Lone Ranger Theme.
I answered.
"Hey," Lisa said, "Where are you?"
So much for waiting to call her. "At this little diner across from the courthouse trying to get a cup of coffee."
"Hoffman's?" she asked.
"I don't know. There was no sign. It said hot coffee. I wanted hot coffee. So I came inside."
"Sounds good. Want some company?"
I didn't mind the idea of companionship. Although I think if she'd have asked two days ago, I would have said no. Today I was grateful she had been along.
"Sure," I answered. "Want me to order you a cup?"
"No," she said, "I'll be there in ten minutes. I want it hot."
I hung up with her and laid the phone on the table.
The young waitress approached the table, and her name tag proclaimed her to be Becky. She smiled a beautiful smile that made her big brown eyes glitter. Her nose wrinkled as she smiled. All I could do was grin at her.
"Would you like a cup of coffee?" she asked me.
"Yes, ma'am."
Becky turned and walked toward the counter. She had long, dark brown hair that stopped between her shoulder blades. I turned away and shook her image from my head.
She returned a minute later with my coffee and a small container of cream. "Would you like a menu?" she asked.
"Yes, please," I said with a smile. I was struck by the notion that while she was no super model, although she was cute, she was one of those people that just exuded joy. I felt good being around her.
She was handing me a menu and saying, "I'll give you a minute," when Lisa walked through the door.
"Hi Becky," Lisa said as she slid into the booth across from me.
"Hey, Lisa," Becky's voice inflated as she greeted Lisa. "So are you joining him?"
"Yes," Lisa replied.
"He's a cutie," Becky said, and I think all the blood rushed to my cheeks.
"It's not like that," Lisa said.
"Now," I interrupted, "let Becky talk."
Both of them laughed. I tried to keep the color in my cheeks from getting too bright. Becky cut the fun when she told Lisa she would bring another menu.
"You cheatin' on me?" Lisa asked.
I looked over my menu. She was smiling.
"I didn't know we were exclusive," I said before I lowered my eyes behind my menu.
"Here you go Lisa." Becky laid a menu on the table in front of Lisa.
"Thanks," Lisa said as Becky turned away. Then she looked at me,
"Don't worry. Once you get a taste of me, you'll be demanding exclusivity."
I peered over my menu at her again. She was reading her menu, and I was not willing to bet that she was wrong.
Becky returned in time to save me, and I ordered two breakfast chops and some scrambled eggs. Lisa ordered a cup of coffee and a plate of scrambled eggs and sausage.
"What's new?" Lisa asked me after Becky shuffled off to get our breakfast.
"I was talking to Austin Knox last night. We were talking about how Mark's clothes were found."
"How were they found?" she asked.
"I don't know. I meant to ask Charlie Nichols if it was in his file. I am sure he had the police report. But it might be interesting if you were trying to figure what had happened before he was shot. Did he take the time to make them neat, or did he just throw them around?"
"That's a good idea. I can call and see if someone at the station might tell me."
I nodded, "What bothers me is how the whole scene feels staged. The killer might have even stripped him naked to further the speculation. He seemed to plan it out."
"Or she," Lisa added.
I eyed Lisa. "An equal opportunity murder?"
"It just seems that the chances of Mark Lofton taking his clothes off on his own for a man might be slim. Unless we are missing another angle of his life."
"Maybe," I acknowledged, "but he did weigh almost 200 pounds. So unless his killer convinced him to take off his clothes then he or she had to do strip him after he was shot."
"The whole thing is probably moot," Lisa said, "but the killer could be a he or a she."
"Or both. Maybe it's a horse of a completely different color. A shotgun-toting she-male."
Lisa snorted, "We don't get a whole lot of those in these parts."
"It takes all sorts."
Lisa sighed with relief when our food came and our conversation ended.
We both ate quietly. My eggs were pretty runny.
"So do you think the money is really out there somewhere?" Lisa asked between bites.
I finished chewing the driest piece of pork to ever cross my lips. Once I washed the pork down with some eggs, I answered her, "I don't know. I figure that if the money is out there in cash, then the killer probably thought Leigh had it. Otherwise, she knew something that he or she didn't want her talking about."
"Either way we won't ever know," Lisa stated.
"Maybe. Mandy gave me an idea about someplace that Lofton might have hidden it."
"Where?" Lisa said with a mouthful of toast.
<
br /> "Now that's lady-like."
"Sorry," she murmured past the toast in her mouth.
"Mandy said she couldn't think of anyplace that he could have hidden it in her house, but there is an old shack on the other side of the mountain from Mandy's place. It's about a mile hike, but it might be secluded enough."
"Isn't that Russell Mountain?" She swallowed before asking.
I thought for a minute. I couldn't remember if I ever knew the name of the mountain, and I shook my head. "I don't remember."
"Then if you know the way, I vote we go for another hike."
"Then eat up."
I finished eating my mediocre chops by greasing them down my throat with the water that this diner called eggs. Yet, I could see myself coming back in again if for no other reason than to feel good about myself. As the diner filled with more customers, I imagined I wasn't the only one with that opinion.
I was waiting for Becky totally our bill when my phone began to dance and sing across the table. I reached for it and answered.
"Max," said Austin, "how are you?"
"Just grand."
"I figured if I could hook up with you then I might stand a good chance of being on the front lines when this case gets broken."
I glanced across the table at Lisa. I was beginning to feel like Fred in the Scooby Gang. I decided that it wouldn't hurt. Besides that might be one more head to put together.
"Lisa and I are about to do a little search for the missing money. It's probably a long shot, but you are welcome to join us."
"Where are we looking?"
Becky arrived with our bill which totaled a grand $7.82. I gave her fifteen. She deserved the extra $6.18.
I continued to talk, "Mandy mentioned the old shack. Remember the one back behind her place."
"Oh yeah," Austin replied. "Perfect."
"I suppose we can meet at Mandy's and hike up there."
Austin suggested, "Or we can meet back at your boat. I've got a Jeep; we can drive almost all the way there now."
"Really." We had never been able to drive up there, or at least we never did.
"Yeah," Austin explained, "I think there are some four wheeler trails that have gotten bigger over the years."
"It beats walking. We can meet you in about 20 minutes."
Lisa and I left Hoffman's Diner. The sun beamed down on us as we made our way back to my car.
38
Austin was waiting for us in the marina parking lot when we arrived. He was lounging in a white Jeep Wrangler that had no top. Mud was splattered up the sides and over the tires showing signs that this Jeep had seen its fair share of off road trails. Austin looked like he was basking in the morning sun.
I locked my car, and Lisa and I walked toward the Jeep. The morning was warming up nicely.
"Hop in," Austin shouted.
"I'll sit in the back," I told Lisa.
"No," she insisted, "you need the leg room."
I wrinkled my brow, but I didn't argue. I gave her my hand to help her climb into the back seat. I grabbed the roll bar and pulled myself into the front seat.
"Let's go find some money," Austin said.
He pulled onto the highway and floored it. The Jeep jumped to the task as the wheels screamed. I glanced back at Lisa who was pulling her hair back so that the wind wouldn't tangle it. Once she had it back, she leaned back and seemed to soak the rays of the sun into her golden skin.
Austin asked, "So, do you think the money is there?"
He pulled my attention from Lisa, and I looked at him. "I doubt it. I don't know. I guess we just make sure. I'm not certain the money even really exists."
"What?" Austin exclaimed. "I thought you said he was embezzling."
"Not that there was no money, but I would bet it’s electronic. If it were me I would wire it as far away from me as possible."
Austin just nodded, and I continued, "I just think it's strange that he put it in his own account."
Lisa leaned forward, "I don't think he was a brain surgeon."
"Maybe he put it there so he could wire it. Didn't think anyone would notice."
I shrugged, "Then he certainly was no brain surgeon. I just wish we knew how much we are looking for."
"If we find it, can we keep it?" Austin asked.
"No, I'm afraid not."
Lisa tapped Austin on the shoulder and said, "He only says that because he's rich."
"Hey," I argued jokingly, "it's not easy being rich."
"Right," said Austin, "it's a cinch being poor."
"You aren't poor."
"Yeah," Austin said.
The conversation lagged for the next few minutes until we reached the dirt road that leads to Mandy's house. Austin drove past it.
"Where are we going?" I asked.
"I know where some trails are that lead up to the top of the mountain."
I heard Lisa saying, "It is on Russell Mountain."
"Yeah," Austin said.
"Is it close to the boat in the tree?" Lisa asked.
"We have to hike about ten minutes from the boat," Austin explained.
"Boat in the tree?" I asked.
Lisa nodded, "About four years ago, there was a big tornado. Tore the county to bits. Anyway, this guy had his boat carried off. Tornado dropped it seven miles from where it was. Stuck it in this big oak tree about thirty feet off the ground. Everyone decided it would cost too much to salvage and get it down, so it just got left there."
Austin turned down a little dirt road. We had driven almost two miles when the road ended, and a trail lead off the road. Austin slowed and shifted down a few gears before climbing onto the trail. The Jeep bounced along the trail as it ascended the mountain. Rain had washed out some ruts and turned them into ditches. We jolted and
jarred across them. The trail curved and wound through the trees as it continued to lead us up the mountain.
Austin slowed the Jeep to a crawl. I looked to my right to see an older bass boat hanging in a tall tree. I shook my head in amazement.
Austin stopped the Jeep on the side of the trail.
"We hike from here," he said.
"I never came this way," I commented.
"This trail wasn't that big when we were kids."
Lisa laughed, "That was big."
Austin got out on his side, and I slid down to the ground. Austin leaned his seat forward to let Lisa out. She climbed out with her hand on the roll bar. Her feet hit the ground, and she stopped.
She looked up at Austin. "Do you smoke?"
"Sometimes," he answered.
She lifted an empty pack of cigarettes that read, "Dunhill." My eyes widened. I glared at Austin for a second. It was one second too long.
The next second whirled past as Austin saw my face. He grabbed Lisa by the hair and slammed her head into the roll bar. I started around the Jeep as Lisa fell to the ground in a heap. Austin jerked his hand up, and the crack of the gun rang through the woods.
I hit the ground. My hands pushed me up as soon as I landed. I dove across the trail and into the woods as a second shot echoed through the trees.
We were near the top of the mountain, and the forest floor was littered with boulders jutting from the earth. I scrambled down the slope and found cover behind a giant stone. My head stung. I touched it to find a bloody mess where a bullet must have grazed me. I wished for my gun. It was still lying on the table in the boat.
Austin was coming, and I had to move quickly. I dashed through the trees and down the mountain. I found another boulder to hide me.
"Max!" he yelled. He was only fifty yards away, which was close enough for him to hit me.
"Come on, Max. There's no place to run."
He was right. If I ran for more cover, then he would eventually be able to hit me. If I waited, then he would simply walk around and shoot me.
"Okay Austin," I yelled. I was trying to think of something.
"Come on out."
I felt a line of blood dripping down my ch
eek. "Why, Austin?"
"Don't be stupid, Max." It was all he said.
He was taking his time getting to me. Then it occurred to me that he might have thought I had a gun. It didn't matter because I didn't. Once he killed me, he would have to finish Lisa. I hoped she was okay and maybe able to run.
I looked around for better cover. My foot kicked something hard, and I looked down at a beat up boat propeller. I looked up to see the bass boat hanging from a tree only twenty feet away.
"Alright Max, it's over."
He was just the other side of the boulder. I grabbed the propeller. I moved quickly to the side of the boulder. I jumped out and tried to frisbee the propeller at Austin. My plan failed quickly as the prop wasn't as aerodynamic as I had hoped. It spiraled down and struck him in his leg. The prop ripped his pants. It didn't slow him down.
"Sorry Max," he said finally.
"Me too," I said as I stared down the barrel of a .38 that looked to me like a cannon. I wanted to close my eyes.
The third shot was immediately followed by a fourth. I hit the ground before I heard either of them. I could see the clouds in the sky above the trees.
"Max!" I heard Lisa cry. Then I saw her kneeling beside me. She lifted me up. My shoulder burned. Austin was lying on the ground. His eyes stared at me without moving.
Lisa was talking but I couldn't make sense of anything yet. Everything happened too fast for me to comprehend yet. She had blood all over her face. I looked on the ground next to her. A small .22 was lying there.
"...got a shot off. Sorry." she was saying as she unbuttoned my shirt. I looked at the front of my shirt the black fabric was dark and wet.
Lisa ripped the shirt away from my shoulder. There was a hole the size of a quarter with a stream of dark blood flowing from it.
"We need to get you to the hospital. I think you will be okay."
"Ow," I moaned, "I've never been shot before."
She helped me to my feet.
"Where'd you get the gun?" I asked.
"I was raised by Sammy Day. I always carry it in my bag. I'm not a bad shot."
I glanced back at Austin's body and said, "I guess not."
"I was pissed."
"I'm glad," I said. Then I added, "We need his keys."
Lisa stepped over to his body and fished his keys out of his pocket. I felt the forest begin to sway. I leaned against the boulder. Lisa put her arm around me to help me up the hill.
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