I thought of the drab, defeated-looking woman in my courtroom back in the summer. No quick temper there and hard to imagine that there’d ever been a time she stood up for herself. The only reason she was in court was because the State of North Carolina no longer allows the complainant in a domestic brawl to “take up the charges.” If the cops get called in to break it up, somebody’s going to come to court and answer for the disturbance. If I was remembering the right person, Deenie Gates would have dropped the charges if she could’ve because she was sure the man hadn’t meant to hurt her, and besides, he had promised her he wouldn’t ever hit her again. I forget what I’d decided. I’m sure I gave him some sort of penalty, but whether jail time had been involved, I couldn’t say.
I thanked Brix for his time and he said he’d see me Wednesday.
Wednesday.
One week.
I dumped my cereal in the compost bin and looked over my to-do list. Everything that could be done ahead of time was already done except for the cake topper, which was now in Kate’s clever hands.
Not knowing how long we’d stay at Dwight’s apartment, I packed a case of lingerie and cosmetics, put a couple of extra outfits in a garment bag, and carried everything out to the car, including the files Kayra and Nolan had borrowed from Ellis Glover. As I left, I turned down the thermostat. No point paying for heat when the house would be empty.
Kayra and Nolan eased in and sat down at the back of my courtroom as I finished ruling on the last case of the morning, a judgment in a case of non-support—and good luck to the poor mother in finding the father, who had left the state without giving anyone a forwarding address. Surprise, surprise.
I recessed and motioned them back to chambers while I washed my hands and exchanged my robe for a deep blue wool blazer that I’d bought because it brought out the blue of my eyes. Forget-me-Knott blue, my mother used to say, because all of Daddy’s children and most of his grandchildren have his eyes. Mother’s were blue, too, but with a slight tinge of hazel, while Daddy’s are the clear bright blue of a late summer sky just after sunset.
I usually grab lunch at a soup and sandwich place across the street. Today was so beautiful, though, that we walked three blocks to a new cafe that had recently opened. Taos Tacos is the first upscale Tex-Mex restaurant in Dobbs, and to help keep it in business, I try to go there at least twice a week. Kayra said she’d split a burrito sampler plate with me, and Nolan opted for the chicken fajitas.
The kids were in a glum mood. Last night, Rob had helped them get through the files I’d brought back to Ellis this morning. Today, they had skimmed through the trial transcript itself without finding any reversible errors.
“It doesn’t seem real that she could’ve left a dead man on the floor of her trailer and then waltzed off to the beach for a week,” said Nolan.
“Just because it’s not something you could do doesn’t mean she couldn’t,” Kayra told him.
I was learning that Kayra was the more cynical of the two and that she was only going through the motions because Nolan was such a believer. Or was it that she cared for him more than she might like to admit?
“But what about those two witnesses that Mr. Stephenson called to the stand?” he argued. “They said that she seemed perfectly normal the whole time she was there and was really surprised when the police showed up at their door to tell her about Roy Hurst. Doesn’t that tell you something?”
“Tells me some people are good liars?”
I took a sip of my iced tea—in the South, iced tea is like champagne: goes with any kind of food any time of the year—and told them about Deenie Gates. “My cousin thinks he remembers that she had a solid alibi for that time period, but maybe she could come up with other suspects. Too bad you can’t find someone who actually saw him alive after Sunday morning.”
“But that couldn’t be, could it?” asked Nolan. “That’s when he was dead.”
“No,” I corrected. “According to the medical examiner’s report, his death occurred sometime between Saturday afternoon and Tuesday. Unless the body’s still warm, MEs usually begin by asking when the decedent was last seen alive. After that, the deterioration of the body helps calculate what was the latest he could have been killed.”
“So technically, he could have been killed as late as Tuesday?”
“Exactly. Not to get gross while we’re eating shredded meat, but you’re familiar with dating time of death by maggot growth?”
“Sure,” Kayra said cheerfully. “Isn’t there a formula for calculating the blowfly’s larval stages depending on the temperature?”
I nodded, and Nolan stopped loading his tortilla with the strips of pale white chicken. “Could we please change the subject?”
“Hey, remember the Gell case?” Kayra said excitedly. “The medical examiner wasn’t told that there were witnesses who swore they’d seen the victim alive at a time when Gell was in jail.”
Alan Gell had been a big story here in North Carolina when his murder conviction was overturned after he’d spent four years on death row. The prosecution said it had relied on SBI statements to build its case against Gell, and the ME’s office had based the time of death on a range of data that began with the last credible witness to see the victim alive. The earliest date within that time frame happened to be the only day Gell could have done it since he was in jail on an unrelated matter the rest of that time. He was tried and convicted and sentenced to death. Later, it was determined that the SBI had withheld the statements of several witnesses who swore the victim was still alive after that date. His attorneys managed to win a new trial, the original verdict was overturned, and there was much talk about prosecutorial misconduct. As a result, North Carolina law now requires prosecutors to share their entire file with the defense before a felony trial.
“Maybe that happened here, too.” Nolan’s face brightened up and he went back to his food, all thought of insect evidence momentarily banished. “Maybe this Deenie Gates actually saw him after Martha left for the beach. Another case of the prosecution withholding evidence illegally.”
“Not illegally,” I said. “Gell’s case changed the law, but back then there was no legal compulsion to tell his defense everything, only an ethical one.”
“All the same . . .” Nolan said stubbornly. “There has to be a reason this woman’s not in any of the files.”
“Where can we find her?” asked Kayra.
