by Rachel Dylan
“Were you alone?” Bailey asked.
Kappen nodded. “Yes, ma’am. After dinner I was alone for the rest of the evening. Was back up early the next morning doing PT.”
“Who did you go to dinner with and where?” Bailey asked.
“A woman I just started seeing a few weeks ago. We went to a swanky place in Georgetown.” Kappen shrugged. “I forget the name. That’s the only time I’ve been there. It was her choice. Not really my scene.”
“You were trying to impress her?” Marco asked.
“Yes, sir. But I don’t think it worked.”
“As evidenced by the fact that you went home alone?” Marco asked.
Bailey shot him a look. He was pushing things a bit too far.
“No,” Kappen answered. “I just don’t think she was ready to handle all the baggage that comes with a guy like me.”
Even with Marco’s jab, Kappen hadn’t lost his cool.
“What’s your area of expertise on the team?” Bailey asked. She didn’t have all the military lingo down, but that didn’t matter. All she was concerned about was getting the information.
“Sniper, ma’am.”
“Are you aware of the details of Battle’s death?” Marco asked.
“What do you mean, sir?”
“Like how and where he was killed.”
“I heard that he was killed in Foggy Bottom, supposedly stabbed to death, and that authorities are saying he was robbed.”
“Why do you sound skeptical?” Bailey asked.
Kappen looked down before making eye contact. “I’m sorry, ma’am. I’m at a loss. I have no idea why this happened or how I fit into it. But my first thought, knowing Battle like I do, is how would one man do that to him? I say it’s unlikely. Battle was one of the strongest men on the teams. He would’ve put up a heck of a fight.”
Now they were getting somewhere. If Battle had fought back, his killer would be bruised or wounded. “Would you to submit to physical examination?”
“Why? What does that have to do with anything?” Kappen looked over at Lexi.
“I’d like to discuss that further with my client and get back to you,” Lexi said firmly.
Bailey kept pushing. “All right, but back to your point. You think more than one person is responsible?”
Kappen nodded. “Based on the facts that I’ve heard, yes. Battle was one of the most highly trained SEALs. I don’t see any other logical explanation.”
Bailey thought he might be telling the truth. She hoped he would submit to an examination and that it would shed some light, although she wondered if his attack-dog lawyer would let that happen. She would have done the same thing as Lexi, though. Protecting the client was the utmost responsibility of the attorney.
But now they had to go down another road. “Where were you on the night of June seventh?” Bailey asked.
Kappen looked off to the side. “Let me think.” He paused. “I was at my parents’ condo by myself.”
Lexi cleared her throat. “I think we’re done here. Unless you have any evidence against my client you want to present, this interview is over.”
Bailey shifted in her seat. “Actually, we need to ask about a few more things.”
Lexi gave her a slight nod to proceed.
Bailey looked at Kappen. “Do you know a man named Michael Rogers?”
Kappen frowned.
“Do you?” Marco asked.
Kappen shook his head. “No. That’s not ringing any bells. Definitely not someone on the teams, that’s for sure.”
“What about outside the teams?” Bailey asked.
“No. It’s a pretty generic name, but it doesn’t mean anything to me.” Kappen paused. “Is he a suspect too?”
Bailey made eye contact with him. “No. He’s another victim.”
“Don’t know him,” Kappen said.
Bailey wasn’t done. “The last topic, and I realize it’s a difficult one, is about whether you’ve had any issues with PTSD.” She hated asking about it, but they had no choice.
Kappen’s eyes widened. “I thought my medical records were private and confidential.”
“I haven’t seen your medical records. I was just asking a question,” Bailey answered honestly. She wasn’t going to reveal that Battle’s ex was the source. It wasn’t necessary.
“It was over a year ago.” Kappen’s voice started to shake. “I’m good now. Solid.”
Lexi shot up out of her chair. “Okay, the interview is really over now.”
“We’ll be in touch,” Marco said.
They didn’t have anything to charge Kappen with at this point, so they had no choice but to let him go.
Once it was just her and Marco, Bailey turned to him. “I think there’s more to this feud than he let on.”
“Isn’t there always?” Marco ran his hand through his thick dark hair.
“I felt like a complete jerk for bringing up PTSD, but you saw his reaction.” She looked away. “Unfortunately, I know it’s a bigger problem than any of us would like to admit. Especially with guys who face the toughest battles like Kappen.”
“There’s definitely something there. And as much as we don’t want to think it, we can’t pretend like that isn’t a factor here. These men are under such pressure, and the things they see and do can take a great toll.”
“But is it enough of a toll to make him snap and go on a killing spree?”
Marco lifted his hands. “For a Navy SEAL to kill one of their own . . . I don’t want to believe it’s possible.”
“Now who’s being naïve?” she asked.
“I hear you.”
“His reaction to the Rogers question seemed sincere to me,” she said. “What about you?”
“I tend to agree with you, and if he is telling the truth, that makes this all the more complicated.” He looked down at his watch. “It’s getting late. Wanna get out of here and grab some food?”
She hesitated for a moment.
“Unless you have something else to do. It is a Friday night.”
She couldn’t remember the last time she’d had plans on a Friday night that didn’t involve her friends. “No, and I’m famished.”
Marco suggested an Italian place, and by the time they had ordered and were waiting for their entrees, Bailey felt herself finally relaxing a bit.
“I want to know the real story on why you didn’t become a practicing lawyer,” Marco said.
“I already told you.”
He leaned forward. “No. You told me the result, but you didn’t tell me the why.” He picked up another breadstick and took a bite.
“I thought, going into law school, that I would be some big shot corporate lawyer. But once I understood more about what being a lawyer was and about the justice system, being an attorney at a large law firm didn’t seem to fit me. I wanted to make an actual difference.”
“You could’ve made a difference as an attorney. Just look at Lexi in JAG. Or you could’ve become a prosecutor.”
“You’re pushy, you know that?”
He laughed. “Yeah. I know.” He smiled warmly. “You don’t have to tell me. I’m just giving you a hard time.”
“Sometimes in life your priorities shift. Things become more clear, and what you might have thought you wanted isn’t what you want anymore. I went to a recruiting meeting for the FBI on campus during my first year at Georgetown Law, and I was immediately drawn in. It’s hard to explain, but everything just started to click.”
“I do understand. I always knew I wanted to be in law enforcement, but if you’d told me years ago that I’d end up at NCIS, I wouldn’t have believed it. I didn’t even know what NCIS really was.”
“How did you end up here, then?” She took a sip of her tea.
“The former NCIS director was close friends with my boss at Virginia State Police. The two of them got to talking about me one day, and my boss asked if I would be interested in applying. NCIS had a couple of people retiring, and they were in se
arch of replacements. I interviewed, and the rest is history.”
“You’re glad you made the switch?”
“One hundred percent. Can’t you tell what an amazing NCIS agent I am?”
She laughed. “You’re really too much.” Marco had a way about him that she liked, easygoing and fun.
He lifted his hands. “Hey, I don’t take myself too seriously. You can’t in this line of work, or you’ll go mad. There’s too much real life-and-death stuff to sweat the small things.”
She knew all too well about life and death.
“What is it?”
“Nothing.” She didn’t want to have a heavy discussion right now. “What do you do for fun?”
“I don’t have a lot of free time with this job, but I love working on cars, watching eighties movies, and I’m pretty good in the kitchen. What about you?”
“Spending time with my friends. I also enjoy outdoor stuff, especially hiking and anything on the water.”
His eyes lit up. “Oh yeah, me too. Too bad I don’t have a boat.”
She smiled. “I don’t either, but I wish I did.” As their eyes locked, a totally unexpected spark shot through her. She couldn’t deny that she was attracted to Marco, but that was where it needed to end.
“I have a Navy buddy who has a place on the water. He’s got Jet Skis, a boat, the whole nine yards. Maybe when this case is over, we could hit him up.”
“That would be fun.” The words came out of her mouth before she could even measure them. Marco was just being friendly, but she wondered if there was something different brewing inside of her. She couldn’t remember the last time she’d felt this type of connection to someone. But it didn’t matter. She had a job to do, and that didn’t entail having a crush on her handsome NCIS counterpart.
Thankfully she was rescued by the arrival of their entrees. She was foolish for even allowing thoughts about anything happening between them. Bailey was used to being all business, and she planned to keep it that way. Protecting her heart was always her primary mission.
The next afternoon Lexi Todd sat with Tobias Kappen in the back corner of a coffee shop. She eyed the SEAL and his blond buzz cut, wondering how he would respond to her.
“I need you to tell me the truth. I’m your lawyer. I can’t help you if I’m in the dark.” In her job, she’d seen it all. While she would be disappointed with his guilt, she wouldn’t be shocked. Nothing shocked her anymore.
“I’m telling you. I didn’t do it.” Tobias sighed. “I know the PTSD thing sounded bad.”
Yeah, that had taken her off guard, but it wasn’t an unfamiliar topic. “Tell me about that.”
“I had issues when we came home from a deployment. I saw someone about it, and I’m okay now. It was a little over a year ago, but I guess it’s going to follow me around for the rest of my life. I haven’t had any issues since, but I’m branded forever. And we wonder why guys don’t speak up. Now it could make me look like I’ve lost it and gone on a murder rampage.”
Lexi shook her head. “I won’t allow that to happen. There is absolutely nothing for you to be ashamed of. You did the right thing. You sought help. You said yourself that you haven’t had recurring issues. That shouldn’t dictate how this case is viewed. If you do need any help, though, because I can imagine the toll these allegations are taking on you, please let me know. We can get you the help you need.”
“I appreciate that. But I promise you, on that front I am fine. Yeah, I’m worried about all of this, but it has absolutely zero to do with what I faced before.”
Something else was bothering her that had nothing to do with PTSD. “What is it that you’re not telling me?”
Tobias lifted his chin. “There’s a reason I didn’t immediately say yes to a physical examination. They’re going to find out that Battle and I got into a knockdown, drag-out brawl on base last week. And I’ve got a few bruises and scrapes from it.”
Great. Just another negative fact they didn’t need. “What was the fight over?”
Tobias crossed his arms over his chest. “I told him I was going to ask out his ex-wife. I had no intention of doing that. I was just messing with his head. But the next thing I knew, we were on the ground in a wrestling match.”
“I assume other members of your team saw this?” She already knew the answer to that.
“Yes, ma’am. Multiple guys. They ended up having to separate us.”
“In situations like these, guys take sides. Who had more support, you or him?”
“Him,” he answered without hesitation. “I’m known to be a bit difficult. I’m a member of the team, but I’m also a loner. I don’t hang with the guys like everyone else, but it’s what makes me good at my job.”
“As a sniper?”
“Yes, ma’am. It’s better for me that way, but it hasn’t gained me many friends. Most guys know not to push my buttons and just leave me alone. But not Battle. He was the worst at getting me riled up, and I did the same to him.”
It was time for her to play hardball. Her entire legal strategy would depend on whether he was actually guilty or innocent. “Tobias, look me in the eyes and tell me that you didn’t do it.”
He looked away for a moment before making eye contact. “I did not kill Sean. As much as he drove me up the wall, I would’ve never wanted him dead. You have to believe me.”
She considered his response and his body language. As she studied him carefully, she thought he might be telling the truth. “I believe you. We also need to talk about this other victim. I’ve done some digging and talked to local PD about the other murder. It appears Rogers worked in construction and lived in the DC area. Are you sure you don’t know him?”
Tobias nodded. “Yes, ma’am. I can’t swear as I’m sitting here that I’ve never met a man named Michael Rogers, but I sure don’t know a man by that name. If he was killed right before Battle, does that mean they’re thinking the two murders could be connected?”
“Yes, and that’s why it puts you in the double hot seat. The good news is that if we can show you absolutely had nothing to do with the Rogers murder, that helps you if they are trying to pin both killings on one guy.”
Tobias let out a heavy breath. “So what do we do now?”
“If they had anything on you, they would’ve detained you. That tells me they are still fishing around and trying to put together the evidence. Unfortunately for us, you do have a possible motive for Battle’s murder, but if you’re telling me the truth, they won’t be able to link any forensic evidence to you.”
He nodded. “And I’m telling you the truth.”
“NCIS and the FBI will want the right person to pay for this.”
“Do you really believe that? Or will they just want a fall guy?”
She could understand his skepticism. “I know why you might be cynical, but I really do believe they will search for the truth.” She paused, hoping her words were true. “Do you think Battle could’ve been killed because of any of the missions you’ve been on? I know you are in a different platoon, but have you heard of anything that might be possible?”
Tobias shook his head. “Not that I know of. Like I said, I keep to myself. Maybe if you talk to some of the other guys, they can give you a better feel for that.”
She made a few notes for herself.
“Give it to me straight, ma’am. Am I at risk here?” Tobias asked.
“Yes, but I’ll do my best to make sure we contain that risk. As long as you’re honest with me, we won’t have a problem. If you lie to me, though, that’s when things will get much worse for you.”
“Understood, ma’am.”
She hoped this wasn’t going to get out of control. She wanted to believe Tobias, but it wouldn’t be the first time a client had lied to her.
A few hours later, Lexi sat across the dinner table from prosecutor Derek Martinez. But tonight’s dinner wasn’t about work. This was her seventh official date with Derek—not that she was counting or anything. She’d bee
n shocked when he asked her out two months ago, but so far everything had been falling together for them. They clicked on multiple levels, and she had to fight hard to keep her expectations in check. But she was the type of girl who was always waiting for the other shoe to drop.
“Something’s bothering you.” Derek’s dark brown eyes studied her.
She finished her last bite of chocolate cheesecake and set down her fork. “Sorry. I think I’m a little preoccupied with work.”
“Anything you can talk about?” He understood, since he was a lawyer too, that certain topics were off-limits if they dealt with confidential client information.
“Did you hear about the stabbing death of the Navy SEAL?”
Derek nodded. “You’re working that case?”
She shook her head. “No, but I’m representing another SEAL who is a person of interest in the investigation.”
He leaned forward. “They don’t really think that another SEAL did this, do they?”
“You’re a prosecutor. You know how they like to keep all their options open.”
“Hey, now. As a JAG attorney, you’ve worked both sides. So don’t hold it against me that I’m a prosecutor,” he joked.
She smiled. “I don’t. I actually prefer that side myself, but I think it’s important that we have lawyers on the defense side who care about the truth and representing their clients to the fullest.”
“I only wish more defense lawyers were like you,” he said quietly. “Enough about work, though. I’ve had a great time tonight. Thank you for coming to dinner with me.” He reached across the table and took her hand.
Her stomach did a little flip. She hadn’t felt this way about a guy in a long time. Finding herself at a loss for words, she squeezed his hand instead.
“You have no idea how nervous I was to ask you out.” He laughed. “It was like high school all over again.”
“Did you seriously think I’d say no?”
He smiled. “I thought it was a distinct possibility. I’m not exactly known for my mojo with the ladies.”