Presumption Of Death

by Perri O'shaughnessy

  She needn’t have worried. “Yes,” Wish said positively.

  “Nine of these have no people in them?”

  “Correct.” Nina paused to let the judge and prosecutor confirm this for themselves, and to see the flames, the forest, the night.

  “I direct your attention to Photographs Number One, Three, and Four. Would you pull those out, please.”

  “Okay.”

  “Are all three of these photographs of the same person?”

  “No. There are two people here. One person in Number One, and then two shots of another person in Numbers Three and Four.”

  She had done it, provided hard evidence that someone else was on the mountain. Jaime was still looking from one photograph to the other. Salas was nodding. A lot of hard work was paying off.

  “May I approach the witness?” Nina asked Salas. He nodded, and she went up to Wish at the witness stand and took the first photo, Number One, Danny holding his hand up to shield his face, saying something.

  “This first photo? Do you recognize the man?”

  “Yes.”

  “Who is it?”

  “A man named Robert Johnson,” Wish said. Nina shook her head and tried again.

  “Look again, please. Tell us who this man is.”

  “It’s Coyote. Robert Johnson.”

  “B-but that’s Danny Cervantes, isn’t it?”

  Wish looked hard at the photo.

  “No, that’s Coyote.”

  “Well, let’s take a look at Numbers Three and Four,” Nina said, to give Wish a chance to get his head straight. He had been doing so well! “Those are photos of the same person, you said. Do you recognize that person?”

  “Yes. It’s Danny Cervantes.”

  “Don’t you have it backward?”

  Jaime was up. “I must object. She’s cross-examining her own witness at this point. He’s made the identifications.” Nina rolled her eyes at Wish, trying to get him to wake up from whatever dream he was in. But Wish just looked back at her, wide-eyed.

  “What’s the problem?” Salas asked her.

  “Well, it was my understanding-it’s clear that-let me just confirm this identification, Your Honor.”

  “Go ahead. It’s important. Objection overruled.”

  “Let’s go back to Photo Number One. What is that person wearing?”

  “Dark shirt and pants. Doc Martens.”

  “And who is that person? Look carefully, Wish.”

  “That’s Robert Johnson.”

  “But-look at Numbers Three and Four. Please notice what that man is wearing on his feet.”

  “Jeans and a white T-shirt. He must have taken off the jacket, it was so hot. And black Nikes. Nikes! That’s Danny. That’s it! I knew something was wrong about the shoes the doctor was talking about! Remember yesterday, Nina? She said Danny had Doc Martens on his feet! Now, how could that be! How? How?”

  “Take it easy, sir,” Salas told Wish, who had half gotten up.

  “One moment, please,” Nina said, and walked back to the counsel table where Paul was waiting. “Help!” she whispered.

  “You got me,” Paul said. “Maybe Wish is all mixed up. Go back and try again.”

  She stood up straight again and said, “Mr. Whitefeather, did you specifically notice the shoes Mr. Cervantes was wearing when he came to your home to ask you to go to the ridge that night?”

  “I sure did,” Wish said. “He wore black Nikes. I remember up on the ridge he got mad at me because his shoes were so much quieter than my boots.”

  “But you’ve heard the testimony that Mr. Cervantes was wearing Doc Martens when he was found?”

  “Yeah. And I think I know where they came from. That’s what Coyote was wearing. You can see, here, in Number One. Black Doc Martens.”

  “But that can’t be,” Nina said.

  “But it is!”

  “I’m not following, Counsel,” Judge Salas said. Jaime was shaking his head, baffled. Nina was not following either.

  Coyote wore Doc Martens. Therefore the body was Coyote. But the body wore a white T-shirt, jeans, Danny’s concho belt… therefore the body was Danny…

  Wish said, “Can I say something?”

  Salas spread his hands. “Can you shed some light on this?”

  “Those boots take a long time to unlace.”

  “So?”

  “So the feet in the boots were Coyote’s feet. That’s for sure.”

  “Ah-ha,” Salas said, tapping his pencil on his dais. “So-”

  Wish was pounding his fist into the palm of his other hand, blinking as he tried to figure it out. Jaime’s eyes were shut as if in prayer. Paul was staring fixedly at his shoes.

  But it was Nina who got it clearly into her noggin first. “So the feet in the Nikes are still running around somewhere, Your Honor,” Nina said. “Which would mean that Danny Cervantes is alive.”

  “Wow,” Wish said. “I can’t believe it. That is so-that is so-maybe it isn’t.”

  “Wish,” Nina said, “is it your testimony that the man in Photos Number Three and Four, who is wearing shoes that are obviously not Doc Martens boots, is Danny Cervantes?”

  “Absolutely.”

  “Thank you. I have nothing further. Your Honor, I move for a dismissal of all murder and manslaughter charges in the complaint, on grounds that there is no probable cause to believe that the defendant committed any crime against Daniel Cervantes.”

  “We’re all pretty excited,” Salas said. “But I’m not so excited that I won’t let Mr. Sandoval cross-examine. It is now the lunch hour. We will resume at one-thirty. Jaime, why don’t you and this lady talk to each other.”

  Jaime and Davy Crockett came up as soon as they were adjourned and Jaime said, “I can’t figure out if this is some scam you guys are trying to pull or if we ID’d the wrong man.” Paul stood next to her.

  “Did you do the DNA test yet? Or the dental records comparison?” she asked Crockett.

  “We haven’t had time. We relied on the uncle,” Crockett told her. “I’ll call the uncle. I’ll talk to Dr. Rittenhauer some more.”

  “I have to go,” Nina said.

  “See you after lunch.” The prosecutor and his investigator left quickly, and Nina repeated to Paul, “‘Those boots take a long time to unlace.’ Is it really possible? You know, sometimes you think you have this huge surprise in a case, but then it whiffs.”

  “The foot bone’s connected to the leg bone. The medical examiner said it still was. And the leather boots were practically welded to the burned feet. And the photos don’t lie. Coyote’s wearing the boots. Wish ought to know. Didn’t you have him explain who was who in each picture?”

  “No. I gave him the pictures and told him he’d be authenticating them and that we were going to show that both Coyote and Danny were at the fire. I didn’t go through each one with him. I blew that.”

  “So the man in Arroyo Seco-the man who chained Nate-”

  “Was Danny!” Nina clasped her hands together and said, “Nate wasn’t as incoherent as he sounded, Paul. We should have given him more credit, questioned him more closely. I remember-he said his brother was gone or something.”

  “We missed some bets,” Paul said, “but I forgive us.”

  “Maybe Coyote and Danny exchanged shoes during the fire.”

  “You lost me there. Why-”

  “It doesn’t make any sense. The body was wearing Danny’s clothes.”

  “Maybe Coyote and Danny exchanged clothes during the fire. That’s more likely than switching shoes, because-”

  “-the boots take a long time to unlace,” Nina said again. Nina smiled, spread her hands, and said, “Wish has such a way with words. He loves his boots too.”

  “What now?”

  Nina looked at her watch. The Siesta Court people would be waiting in the law library. “There’s so much I still don’t understand, Paul. Maybe Danny’s dead.”

  “Then who killed Ruth Frost and Brian Donnelly? Who attacke
d Britta Cowan?”

  “Right. It has to be Danny. But why bring Wish up to the ridge that night? What was Danny’s relationship to Coyote?”

  “You go to your meeting,” Paul said. “I’m going to help Crockett, whether or not he wants my help. Try to get something to eat at some point so you don’t keel over in court.”

  The Siesta Court deputation waited in the law library: Debbie Puglia, Megan Ballard, Jolene Hill, and Tory Eubanks. Nina shook hands and led them into one of the drab conference rooms nearby. They sat down around the table quietly. Jolene opened her bag and took out sandwiches and Snapples.

  Nina took a moment to adjust to these women, who seemed so different from her impressions at the party and the talks on Debbie’s deck. Extracted from their family lives by whatever grave business had brought them here, dressed in business clothes, they had taken on the look of serious adults. Megan, in her suit coat and slacks, seemed to be the leader of the moment. The block party-had it only been ten days or so ago? It seemed to have been years ago.

  “I’m very sorry,” Nina said. “I have to tell you that I don’t have very much time right now.”

  “We understand,” Megan said. “But this is so important we had to see you. This is a consultation that is protected by the attorney-client privilege?”

  “Yes. Even if I don’t represent you, this initial consultation is protected.”

  “What is your fee for this consultation?”

  Nina said, “I don’t charge initially.”

  “What if we give you information about a crime that has been committed?”

  Nina thought about her answer. “That’s a complicated subject. What I can do is this. I won’t take notes. If in our discussion there comes a moment when I feel we’re getting into an area where it’s my duty as an officer of the court to break the privilege, I will immediately stop you from speaking and tell you. But understand that I’m a criminal lawyer. If my client has committed a crime, I can defend him or her and the conversations are privileged.”

  “I don’t know about this, Megan,” Tory said.

  “We’re out of time, Tory,” Debbie told her. “We have to talk to somebody.”

  “I know.”

  Jolene said, “I suggest we get down to it. Okay, everybody?” They all nodded.

  Megan said, “Debbie overheard the men talking night before last. Our husbands conspired to start a fire on the Green River land. George, Darryl, Sam, and Ted. They hired a man to do the job and they each put in twelve hundred fifty dollars as a down payment. David Cowan paid the same amount too.”

  “A total of six thousand two hundred fifty dollars,” Nina said. “The amount in Coyote’s bank account. A down payment.”

  “This man-Coyote-did the job, but he went farther than he was supposed to and burned down the model home completely. The men got scared. Then, Coyote decided on his own to burn down the new café in the Village. The men got even more scared and mad, and they decided not to pay the rest of the money.”

  She stopped and waited for Nina to react. Puzzle pieces were falling into place in her mind. “Go on,” Nina said. “So the six thousand two hundred fifty dollars was just a down payment.”

  “Yes. They were each supposed to put in another four thousand dollars apiece after the job was done. But they told him no, that’s all you’re getting.

  “So, what we think happened then is, he started taking revenge on the men, one by one. First he went after Ted. He set the fire on the ridge because that’s where our construction site is. He almost burned it but the wind changed and the fire came down the mountain instead.”

  Nina nodded slowly. “I think he had another purpose also the night of that fire. Anyway, go ahead.”

  “Then he hurt Britta, to get David.”

  “He’s cruel and vicious,” Debbie said. “We think he killed Ruthie in her car because she might identify him.”

  “Yes,” Nina said. “Yes, I think you’re right, Debbie.”

  “We don’t know why he would kill the artist.”

  “I do. His cover was blown and he needed money. It was a robbery-murder.” Debbie started to ask more questions, but Nina said, “Let’s hear the rest of what you need to tell me.”

  “He told the men he’d take the children if they don’t pay. This was night before last. He gave them forty-eight hours. The men couldn’t agree what to do. Debbie heard them talking about all this. Finally Sam said he’d call and say they needed more time, but that they would pay the money. Is that right, Debbie?”

  Debbie said, “David wanted to go to the police, but the rest of them wouldn’t do it.”

  “Then what?”

  “Then we met and decided we needed to talk to a lawyer as soon as we could.”

  “What did you think I could do for you?” Nina said.

  “Tell us what to do,” Megan said. “These are our families we’re talking about. The men are in jeopardy of going to jail or maybe getting killed. Our kids aren’t safe until Coyote is found.”

  “Where are your children now?”

  Jolene said, “George picked up the girls at noon at the bus stop. They had an early day today. Britta’s kids are at a day-care center in Carmel. Debbie’s kids are in Los Angeles. Tory’s kids are-where are they, Tory?”

  “My sister’s place on El Hemmorro. I told her not to let them out of the house.”

  “That’s not good enough,” Nina said. “He’s too dangerous. That’s not enough protection. You can’t just watch the children and pray for somebody else to resolve this. Do you understand that?”

  Jolene sighed. “I think we all know that. But if we call the police, our husbands are involved in all these terrible things. They’ll be put in prison. We need them, but, more importantly, we-well, we love them.”

  “You could talk to them.”

  “Not one-on-one,” Debbie said.

  “I agree,” Nina said. “It would be better for them to come forth as a group. Why can’t you talk to them as a group?”

  This got responses from everyone. “They’ll just say to butt out,” Jolene said.

  “They’ll be so humiliated that we know, they might do anything,” Megan said.

  “They’ll refuse to go to the police and get us to agree not to go either. Then we’ll all be conspirators,” Debbie said.

  Tory asked, “Would you do that for them, Nina? Talk them into surrendering and helping to catch Coyote?”

  “Do you think they would hire me to handle their surrender? I’m not at all sure I could represent all of them together in any other way, but I could represent them for that purpose,” Nina said. “I could smooth the way for them. I would consider it part of my representation of Wish Whitefeather, because it would be a way of resolving his case.”

  “Can you keep them out of jail?”

  “I don’t know. It would help if they started cooperating fully right now.”

  “What about just paying the money ourselves?” Megan said. “We did talk about that.”

  “The men are going to be arrested soon anyway,” Nina said. “Detective Crockett will figure out the money trail. And there has been a change in the case you don’t know about yet. The police have been hunting the wrong man.”

  “What do you mean?” Jolene felt in her pocket and said, “Excuse me. It’s George.” She pulled out her cell phone and went into the corner.

  “Let’s not worry about that right now,” Nina said. “It’s still not certain. Anyway, here is what I can do. I can meet with the men. If they choose, I can arrange the circumstances of their surrender and represent them in the questioning process. I have to say that their interests as individuals are not precisely the same and I doubt I can represent them as a group any further than that.”

  “Can’t we hire you to represent them without them knowing?” Debbie said.

  “No.”

  “I’m so afraid.”

  Megan said, “We’ll handle it, honey. Now then. We’ll have the men on the deck at six tonig
ht. Can you make it, Nina?”

  “Court usually adjourns by five at the latest,” Nina said. “I think I can.”

  Jolene came back to the table and leaned on it, her face drained of color. “Callie didn’t get off the bus.”

  “Oh, no! No!” they all cried.

  “April told a crazy story. She said-she said Danny took Callie for a ride in a Jeep and didn’t bring her back. George told her Danny’s dead-there’s no such thing as a ghost-”

  “He’s not dead,” Nina said bluntly. “He killed Coyote and assumed Coyote’s identity. He stole a Jeep from the artist in Cachagua.”

  “Oh, my baby,” Jolene moaned, and Debbie rushed around the table to hold her.

  “It’s Danny?” Tory cried. “But he’s our neighbor! How could he!”

  “It’s Danny.” As Nina said this, watching their stricken faces, she thought, How can they be anything but Furies, the way they have been betrayed? But instead they were still trying to save the situation, and in time, Nina knew, they would absorb some of the guilt. It is an ancient role of Woman.

  “But the kids all know him. They like him. They wouldn’t go with a stranger, but-”

  Megan said, “What shall we do, Nina?” She looked Nina right in the eye and Nina thought, It’s all on me, is it? She didn’t want to take on this crushing responsibility.

  Then she thought, Well, if not me, who?

  “Megan, help Debbie and Tory get home right away. Collect all the children and keep them at your house, Debbie. Don’t let them leave the deck. Tell them Danny is dangerous and to watch out for him. Debbie, call your kids in L.A. and tell them what’s going on. Jolene, you come with me. I’m taking you over to the police station right now and we’re going to make a report about Callie. All of you. Do not tell anyone about the conspiracy until after the men have their opportunity to obtain legal representation tonight.”

  They all got up. Debbie was crying. Before she left with Debbie and Tory, Megan took Nina’s hand and said, “Thank you. At least it’s clear. We couldn’t see straight. I don’t know why. But you made it clear.”