My tales rarely show what happens after the bad guy or bad guys are caught. In some ways, that is just the beginning of the process, as talented Maui prosecutors take over the case and do their best to get guilty verdicts. I’m sometimes called to testify during these trials and believe me when I say that it’s my least favorite part of the process.
For one thing, I have to lose my customary t-shirt, shorts, and sandals and wear something more presentable. For another, I hate sitting in front of a crowded courtroom and having to perform. And that’s exactly what a court appearance is. We’re all there to put on a show for the judge and jury and convince them that our version of events is the true one.
It’s probably best that I give you a brief rundown of the case in question. Guy Livingston is a photographer who specializes in taking photos of tourists. He has arrangements with several of the large hotels in Kihei, Wailea, Lahaina, and Kaanapali. They feed him customers, and in return, he gives them a share of the profits.
His wife, Lucy Livingston, used to be a teller for a bank in Kahului. I say “used to be” since she’s no longer with us. Hence, my reason for being in the courtroom.
“Mr. Rutherford, can you tell us when you first met the defendant, Guy Livingston?” Piper asked.
Piper Lane, with her short black hair and dark eyes, is probably Maui’s toughest prosecutor. I’ve had the misfortune of being on the wrong end of one of those prosecutions in the past. Fortunately for me, I wasn’t guilty. Even more fortunate, I was able to prove it.
“I met Mr. Livingston in my bar, Harry’s,” I said.
Harry’s, by the way, is a Lahaina-based bar that I co-own with Foxx. It’s a few blocks off of the famed Front Street – the tourist strip known for a fascinating and fun collection of art galleries, shops, and restaurants. Harry’s is loved by both locals and tourists. Locals love it because they get to escape the crazy crowds on Front Street.
Tourists love it because it makes them feel more like locals. Both groups are fond of the lower-priced drinks and food. There’s also Foxx, the main attraction of the bar. He excels in entertaining guests with tales of the NFL, as well as his involvement in many of my criminal investigations.
“What did you and the defendant discuss while he was at your drinking establishment?” Piper asked.
I smiled.
“Is something funny, Mr. Rutherford?” Piper continued.
“Sorry, I don’t mean to appear to make light of these proceedings. But your use of the words ‘drinking establishment’ is a bit too nice for my bar. It’s more of a dive. In answer to your question, Mr. Livingston said that he’d heard that I was a private investigator, which I am, on a part-time basis.”
“Did the defendant ask to hire you?”
“Yes. He told me that his wife had been mugged and her diamond necklace and tennis bracelet had been stolen. He said that they were anniversary gifts to his wife. He was very upset.”
“Objection, your Honor,” Livingston’s lawyer, a short, stocky man named Henry Mitchell said. “Does Mr. Rutherford really assume to know how my client felt that day?”
“Sustained,” the judge said.
“Mr. Rutherford, did you take his case?” Piper asked.
“I did. I don’t normally take theft cases, but I had some free time…” Okay, this wasn’t exactly true, but I’ll explain more in a minute. “…so I told him I’d do my best to find the missing jewelry.”
“What happened next?” Piper asked.
“I checked with my wife who is a Maui police detective and verified that a police report had been filed. I then talked to the officer who’d made the report.”
“What did you learn?” Piper asked.
“They had no leads. There was no security camera in the shopping plaza where the robbery took place, and Mrs. Livingston’s physical description of the suspect fit hundreds of men on Maui, if the man was still even on the island,” I said.
“How do you proceed in a situation like that? It seems rather daunting.”
“I met with Mrs. Livingston and she gave me the same physical description of the suspect. Then I went to the plaza where she’d been robbed. While I was walking around, something jumped out at me.”
“Which was?”
“When I’d been to the Livingston’s home earlier that day, I’d noticed there were several boxes of food from Nutrisystem, which is that company that helps you lose weight. I asked her about it, and she told me that both she and her husband were on a diet. She said they’d been on it for a week and both had lost around five pounds. I congratulated her.”
“Why is that relevant?” Piper asked.
To be clear, she knew exactly where I was going with it, and she’d asked the question in a serious tone. Also, to be clear, the judge did not, and I thought I saw him roll his eyes at me. Yes, I know, that wasn’t a very distinguished thing for a judge to do, but they’re human like the rest of us.
“I’d like to know why too,” the judge said in a sarcastic tone, confirming the eye roll I’d seen.
“It’s relevant because of the shops that were in the parking lot where she was mugged,” I said. “First, there’s an ice cream store and several tourist shops that sell things like t-shirts and hats. It seemed an odd place for a local to go unless she wanted to buy ice cream. That didn’t make sense since she was on a diet and doing rather well.”
“Was there anything else you noticed?” Piper
