Pushing Up Rhubarb (A Millsferry Mystery Book 1)

by Diana Saco

  “Morning, Bruno,” I said.

  “Nina, Judge Ota just signed an arrest warrant for Chloe.”

  “It isn’t even 9:30 yet!” I protested, checking my watch. I wasn’t exactly shocked that Loyal had decided to pursue the case against Chloe, but the virtual ink was barely dry on the summary of my interview with Jeff Woo.

  “I know,” Bruno said, sounding just as surprised. “Loyal must have read our update reports over the weekend. I’m not sure why he’s moving on this so quickly. The case is still thin as to motive and method. But I don’t have a choice. I have to arrest her.”

  “Have you spoken with Chloe yet?” I asked.

  “Not yet. I was hoping you would break the news,” he said.

  “I’m not sure we’re speaking to each other.”

  “What do you mean? Did you two have a fight?” he asked.

  “More like a disagreement, but she left angry. She came to see me Saturday about something other than the case. I accused her of not taking her situation seriously, and she thought I was being an alarmist.”

  “I guess it doesn’t help that you were right.”

  “Not really,” I said. “Bruno, you’re not actually going to go to her house and handcuff her, are you?”

  “No, I want her to come to the station and turn herself in. I’ve got one of my deputies watching her. Not that I think she’ll run.”

  “Okay, Bruno, I’ll go get her.”

  “Are you sure?”

  “Yes, but I think I’ll give Aunt Dottie a call first and see if she wants to come along for moral support.”

  “Yours or Chloe’s?”

  I didn’t have an answer, and Bruno didn’t wait for one.

  “Try to get her here before noon. Thanks, Nina.”

  *****

  I decided not to break the news to Aunt Dottie over the phone. I filled her in when I got to my place and asked if she would come with me to Chloe’s. She was alarmed for Chloe’s sake and agreed to help me tell her. But I began to suspect that she didn’t understand her function when, after Chloe answered the door, the first thing out of Dottie’s mouth was, “Chloe, run!”

  “What?” Chloe asked confused.

  “Aunt Dottie, calm down,” I said placidly. “Can we come in please?”

  “Yes, of course. Come on into the kitchen. I’ll make some tea.”

  We followed Chloe inside. I settled Aunt Dottie into a seat at the breakfast nook, trying to soothe her as she continued babbling warnings to Chloe.

  “Run! Arrest! Murder trial! Phone. Go! I call. Go!!”

  I was having trouble understanding her, but Chloe had more practice. After she put the kettle on, she came up behind me, reached over, and handed Aunt Dottie the phone. Then she sat down in the opposite booth.

  “What’s she doing?” I asked, still crouching next to Dottie.

  “Making a call,” Chloe said, stating the obvious.

  I sighed impatiently. “Yes, but to whom?”

  “Mason,” Dottie said. Then again, in the phone, she said, “Mason?”

  We could hear a man’s voice come over the line, and then Aunt Dottie continued. “Chloe! Arrest! Murder trial! Come!”

  Then, just like that, she handed the phone to Chloe, who, in turn, handed the phone to me. “Would you mind?” she asked. “I’m still not sure what’s going on.”

  I took the phone with a nod. The only Mason I knew was Alice’s husband. I assumed Dottie was calling him because he’s a defense attorney. Just to be sure, I asked “Is this Mason Tidwell?”

  “Sure is,” he said over the line.

  “Mason, it’s Nina Braco.”

  “Nina, good to hear from you! What’s up with Aunt Dottie? She sounds upset.”

  “She is. A good friend of hers is being arrested for murder,” I said, giving Chloe a quick glance to see how she was taking the news. Her expression didn’t change. She just listened with mild interest as if Aunt Dottie had some other friend who was about to be arrested for murder. I couldn’t help rolling my eyes as I continued the phone conversation. “Mason, I’m guessing Aunt Dottie called you because she wants you to represent her friend.”

  “Where do you need me?”

  I was momentarily taken aback by his eagerness to help. He didn’t even ask about the case. As Chloe got up to finish the tea, I gave him the particulars.

  “The client’s name is Chloe Owens,” I said, sliding into the seat Chloe had vacated. “She lives at 3227 North Pleasant Drive. Bruno has an arrest warrant but wants her to turn herself in voluntarily. Could you meet us here to confer and then ride with her downtown? It’s on the Monica Munch case.”

  “Ah, yes. Alice filled me in. I know Chloe, too. From the bake-offs. Tell her and Aunt Dottie not to worry. I’ll be there in fifteen minutes.”

  He hung up before I could thank him.

  Chloe returned to the table with three mugs of tea. Aunt Dottie scooted over and tapped the seat next to her. She patted Chloe’s hand when she sat down.

  “Better now,” she said. “Mason fix.”

  Chloe turned to me and raised her brow. “Well, looks like you were right after all,” she said.

  I considered taking the bait but opted for sipping my tea. Aunt Dottie spoke up instead.

  “Not her fought. Nina helping.”

  I was glad to have Dottie taking my side. I’m sure I looked rather smug as I peered at Chloe over the edge of my mug because she smirked back at me.

  “Is that why she’s here? To play referee?” Chloe asked.

  “I just thought you could use a friend right now.”

  “Why didn’t Bruno come himself?”

  “Because he’d have to arrest you, and he didn’t want to do that. He’s sticking his neck out for you, Chloe.”

  “Well, no one asked him to. I don’t need special treatment.”

  “Great. I’d thank him anyway when you see him. It’s the polite thing to do,” I said getting up. “I’ll wait for Mason outside.”

  I could feel myself getting irritated at Chloe’s ungrateful attitude, so I didn’t bother waiting for a reaction. I just left.

  I went out to my car and sent Bruno a text update. He agreed that Chloe should come in with representation and emailed me a copy of the arrest warrant to pass along to Mason. I just forwarded it to him. After that, I played video games on my phone to pass the time until Mason showed up a few minutes later.

  “Did you just get here?” Mason asked confused as I met up with him at the front door.

  “Uh, no, I just had to get something from my car,” I said, not really wanting to get into it.

  I let myself back into the house and ushered Mason in.

  “Chloe? Mason’s here,” I called.

  She came out of the kitchen with Aunt Dottie trailing behind her.

  “Hello, Mason. Nice to see you,” she said, extending her hand.

  “Chloe. Good to see you again.”

  “Can I interest you in a piece of streusel cake and a cup of coffee?”

  “Is the Pope Catholic?”

  “That’s the rumor.”

  Chloe led the way to the dining room. “Please make yourselves comfortable. I’ll just be a few minutes,” she said heading to the kitchen.

  “How’ve you been, Aunt Dottie?”

  “Worried.”

  He took her hand. “It’s going to be okay, dear. Nina, can you fill me in?”

  I spent the next few minutes telling Mason about the case, Chloe’s apparent involvement, the tests ruling out Jeff Woo’s rhubarb, and also about Randall Kirkland. Chloe came in just as I was explaining that the jam Chloe gave Mr. Kirkland tested positive for oxalic acid poison.

  “I would never hurt Randall,” she said.

  “And yet, that’s the more serious indictment,” Mason announced, reading something on his mobile phone that I assumed was the arrest warrant I emailed him. “You’re being charged with the involuntary manslaughter of Monica Munch and the attempted first-degree murder of Ran
dall Kirkland.”

  Aunt Dottie gasped.

  “What does that mean?” Chloe asked Mason.

  “It means that the prosecutor believes he can make a case for premeditation with intent to kill on Mr. Kirkland’s poisoning but not on Ms. Munch’s poisoning. I’ll need to read the case files to understand why.”

  “Okay. So what happens next?” Chloe asked as she handed Mason a piece of cake.

  “I’ll go with you to the sheriff’s office where you’ll be officially charged and detained until the arraignment, which will probably be later this afternoon,” he added checking his watch.

  “Will I have to spend the night in jail?”

  “I wouldn’t let that happen to my second favorite baker,” he said, taking a bite of cake and rolling his eyes in obvious pleasure.

  That prompted me to take a bite, and I imagine I reacted the same way. The cake was as moist as butter and infused with the perfect balance of vanilla and cinnamon. I sent a fervent hope into the heavens that Chloe wouldn’t stay mad at me too much longer. I thoroughly enjoyed experiencing the magic that came out of her kitchen.

  “Nina, I may have some more questions about the case,” Mason continued after a moment. “Will you be able to join us?”

  “That may pose a conflict of interest. Technically, we’re still working for the sheriff’s office on this matter?”

  “Did you have anything more pending? Because if you don’t, I’d like to hire your firm on Chloe’s behalf.”

  “Don’t you want to check with your client first?” I asked, too aware of Chloe’s disapproving look.

  Aunt Dottie put her hand on Chloe’s arm to get her attention. “Let her help,” she said. She was so rarely able to speak in complete sentences that the few times she managed it, her statements took on an aura of importance. This was one of those times.

  Chloe sensed it, too. She softened and nodded her head. “Okay.”

  “All right then,” I said. “I’ll let Bruno know.”

  *****

  We left Chloe’s house a short while later. I dropped Aunt Dottie off at home before heading downtown. By the time I arrived at the sheriff’s office, Chloe had been processed and was waiting to be arraigned. Bruno had agreed to let her wait in one of the conference rooms with Mason while they went over her file. The Woo interview would be the last assignment I had for the sheriff’s office on this matter. With my reports done and Bruno’s confirmation that he had nothing more for me, we both agreed that Chloe could use the help. I contacted Al to let him know our new status. He wasn’t surprised but didn’t say why. Officially free of my responsibilities to the sheriff’s office, I joined my new client and her attorney to review the evidence collected so far. Then we walked over to the courthouse in time for Chloe’s three o’clock hearing.

  “Well, well. Mason Tidwell,” Loyal greeted from across the aisle.

  “Hello, Loyal,” Mason said, shaking his hand. “I’m surprised you didn’t send one of your protégés for this.”

  “And miss an opportunity to square off with such a worthy opponent?” Loyal lowered his voice so Chloe wouldn’t hear, but I was close enough to hear him add, “Pity that you keep taking on these lost causes.”

  “I happen to like my chances. My client is innocent.”

  “Unfortunately, you and my wife do not a jury make,” Loyal said. Then he noticed me sitting behind the defendant’s table. “Afternoon, Nina. Did you switch sides?”

  “Nothing personal, Loyal. But I think she’s innocent, too.”

  “That’s interesting, given that we’re here as a result of your own findings in this matter.”

  “Now, Loyal,” Mason interjected, “You know the facts don’t always speak for themselves.”

  “We’ll see,” he said.

  We heard the bailiff call Chloe’s case next. Judge Robert Ota presided over all local cases. He asked for a plea.

  “The defendant pleads not guilty, Judge,” Mason replied.

  “Mr. Tidwell, it’s good to see you again,” Ota greeted. “I can tell this is going to be an interesting case already if it’s brought you out of semi-retirement and also has Mr. Bingham gracing us with his presence.”

  “Interesting doesn’t begin to cover it, Your Honor,” Loyal replied.

  “Am I reading this right?” Ota asked, reviewing the case file. “The poison was in the rhubarb?”

  “Yes, Your Honor. And it led to one tragic death and another near death.”

  “What do you want to do about bail, Gentlemen?”

  “Your Honor,” Loyal began, “given the severity of the crimes and their serial nature, the defendant poses a danger to the community. For this reason, I move for a 58A Hearing.”

  “Judge, a Dangerousness Hearing?” Mason protested. “My client is not a known felon, has never been convicted of a felony, and prior to this incident had never even been arrested. To conclude that she’s dangerous, you’d have to decide in advance that she’s guilty of the charges she hasn’t even been tried for yet. Why bother going through a trial process at all?”

  “Mr. Tidwell has a point, Mr. Bingham. I’m not a fan of putting the cart before the horse.”

  “Of course not, Your Honor. But my duty to the safety of this community dictates that I err on the side of caution. The food that Ms. Owens is accused of poisoning was available for public consumption. Several others at the bake-off could have eaten her dessert and been killed or injured as a result. And even if the Court is not convinced that Ms. Owens is dangerous, she certainly poses a flight risk. She has no family here and no ties to the community. Nor any professional ties given her work as a freelance artist with a client base largely outside of Millsferry.”

  “Now Mr. Bingham would have us believe that Ms. Owens is a transient,” Mason countered. “Nothing could be further from the truth. She owns her home on North Pleasant Drive, and she’s been a participating member of this community for over four years. Furthermore, the house is her only financial asset except for a small savings account. She doesn’t exactly have the means to pick up and leave.”

  “It doesn’t take a lot of money to skip town,” Judge Ota said.

  “Surely the court can entertain a bail of, say, $200,000,” Mason suggested.

  “I can’t afford that!” Chloe blurted, grabbing Mason’s arm.

  “No, but I can,” Mason said, patting her hand reassuringly. “Judge, I’m offering to put my money where my mouth is. I believe in my client’s innocence, and I trust her enough to post her bail.”

  “Your Honor, if I may,” Loyal interjected. “I see that Nina Braco, a private investigator, is in the court. I believe you know her?”

  “Sure do. How’re you doing, Nina?”

  “Good, Judge. How’s Ms. Ota?” I asked, standing up to address him.

  “Enjoying summer vacation with the grandkids. Thanks for asking. What’s your interest in this case?”

  “My firm helped the sheriff’s office collect evidence in the initial stages of this matter, Judge. But as of today, we’re continuing our investigation on the defendant’s behalf.”

  “Playing both sides?”

  “Not at all, Judge. You know we let the investigation take us wherever it leads, and we stand by our findings.”

  “Your objectivity and professionalism aren’t in question here.”

  “Thanks, Judge.”

  “Which is precisely why I’d like to add a bail condition, Your Honor,” Loyal continued. “If Ms. Owens makes bail, I ask that she be required to remain in Ms. Braco’s custody until trial.”

  “What?” Chloe and I said simultaneously.

  I had no idea why Loyal was asking for this condition. Was he trying to teach me a lesson about loyalties? I was starting to regret jumping ship, as it were.

  “Respectfully, Judge Ota,” I began, “Ms. Owens isn’t our only client. I can’t, for lack of a better word, babysit her until trial. I have other cases and other clients’ privileged information to consider.”
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br />   “You have a partner, don’t you?” Ota asked.

  “Yes, but—”

  “Then it’s settled. Bail is set at $200,000 and with the proviso that the defendant remain in the custody of a representative of the firm of Braco and Dupree, P.A., until the conclusion of the trial. That should provide an added incentive for conducting your investigations in a timely fashion.”

  “Yes, Judge Ota,” I said, reluctant but resigned to my new duties. On days like this, I hated living in a small town.

  “Good. And Gentlemen, I won’t be granting continuances unless all parties and Ms. Braco’s firm agree to it.”

  Ota tapped his gavel and called for the next case.

  I looked at Chloe and shrugged. “Your place or mine?”

  13. Tickling the Runes

  In the week following Judge Ota’s bail ruling, Chloe and I settled into a reluctant détente. She came over to my house that first night, both of us sensing that Aunt Dottie’s presence provided a needed buffer. That gave me the idea to hire Dottie to watch Chloe. After all, the terms of the bail condition stipulated only that Chloe had to remain in the custody of a representative of our firm. Hiring Dottie as a general assistant met that requirement. Sometimes, I was a genius. Aunt Dottie had her own conditions, however. Because she was living with me at the moment, she insisted on making dinner at my house and sleeping there, too. That meant that Chloe had to stay overnight with us, or that I had to stay over in Chloe’s guest room on the nights she insisted on sleeping in her own bed. She was willing to split the days, but things were otherwise still frosty between us. I wasn’t sure I’d be able to take weeks of this. I tried to stay out of her way as much as possible, but circumstances kept throwing us together. Like the field trip that she and I and Aunt Dottie were invited to at the beginning of the second week.