A Paw-sible Theory

“I have studied many philosophers and many cats. The wisdom of cats is infinitely superior.”

––Hippolyte Taine

CHAPTER TWENTY-SEVEN: The Defense Stumbles

David Hunter lived in another city but his office was on the peninsula right across the old Broadway Bridge, currently closed to traffic. Pooky was right about open windows in good weather. One particular window in Hunter’s office was low enough for me to see inside if I stood on my hind legs, and the shrubs up against the foundation were large enough to hide me.

The well-appointed, large corner office had plenty of light from the two windows in the room. The plush carpet was a dark shade of green. A mahogany desk faced the door, with two green leather armchairs in front of it, the low credenza for the coffeemaker and coffee mugs behind the desk. A brown leather couch sat against one wall. Bookshelves filled with law books lined the rest of the wall space. The total effect was one of order and success.

Hunter arrived soon after I had positioned myself on the window sill, with a man––lean and muscular with eyes so dark they were almost black. He was handsome, in a rough sort of way, or at least Hunter’s assistant thought so judging from the way she was acting. The scar over his left eye, enhanced, rather than detracted from his good looks.

He stopped at her desk for a moment. “Hi, Dorinda, nice to see you again.”

She smiled at him in a peculiar way. “Hi, Tim, it’s nice to see you too. I’m still waiting for you to tell me how you got that scar. Will you ever tell me?” Dorinda wanted to know.

He winked at her, “Maybe one day I’ll tell you.”

Hunter, waiting in the doorway to his office, rolled his eyes and groaned. “Will you stop flirting with my assistant and come in my office?”

“So what’s up?” the man asked. “Am I here to discuss the case as a professional or as the only friend you have?”

“Both. I want your professional opinion and possibly your help, and I want you to remind me what a great lawyer I am because, frankly, I’m baffled.”

Hunter pulled a file out and set it on the desk in front of him. My guess was that the file was Ethan’s. “Take a look at this and tell me what I’m missing.”

Tim poured himself a cup of coffee, and sat down to review the file while Hunter stepped out to the outer office.

When he walked back in, Tim was refilling his cup. “What about Alyx’s ex-husband? I don’t see anything on him.”

David sat behind his desk and leaned back. Tim sat facing him, legs stretched out in front, his fingers laced in a steeple.

“The ex is the one who hired me; I speak to him often. Nothing there. They only occasionally communicate and, more important, there’s no motive. My understanding is that they’re not the best of friends, but they don’t hate each other either.”

Tim raised a questioning eyebrow. “I didn’t see any transcribed interview for Ethan here in the file. What did he have to say?”

“It hasn’t been typed yet. I have it right here.”

Hunter clicked the play button and skipped it forward. Hunter’s voice and Ethan’s responses poured forth from the machine:

“Your father overheard Maggie talking to someone about moving the store to another location. Did she discuss it with you?”

“Yeah, Maggie called me about it last Thursday. She said a real estate broker contacted her and told her the developer of the condominiums going up down the street was interested in buying their property, offering double what they had originally paid. Maggie thought it was worth thinking about, but Mom just got mad at her. Maggie wanted me to bring it up again to Mom just to explain that Maggie didn’t necessarily want to sell but that the offer should be discussed.”

“How do you feel about selling?”

“Me? I don’t have any say in that.”

“Well, you’re part owner with your mother, aren’t you?”

“Yeah, I guess, but that’s only on paper. I’m not involved in any decision making––and I don’t want to be.”

“Did you talk to your mother about it?”

“No, I didn’t get the chance. I was going to bring it up at breakfast on Saturday, but I didn’t know Maggie was going to be there too, so I probably wouldn’t have said anything about it.”

Pause.

“I know why you’re asking me,” Ethan continued. “I swear the only reason I agreed with Maggie to bring it up to Mom was that I didn’t want anything to break up their friendship or partnership; I’ve never seen Mom happier and I would never do anything to change that.”

“Okay; I know we’ve been over this, but sometimes small details that seem unimportant are left out. Tell me again what happened Saturday morning. Start from the beginning––from the time you left your building and don’t leave anything out, no matter how small or insignificant you think it is.”

“You want to know if I spoke to someone in the parking lot?”

“Yes, who you spoke to, who you saw, what you saw and what you heard.”

“Yea, right. I don’t usually get up before noon on weekends, and I was reluctant to get up to have breakfast with Mom at ten. I took a shower, didn’t shave––didn’t have time to shape the black stubble on my face, soon to be a chinstrap beard.

I left my apartment, going down the outside stairs, taking the steps two at a time. I almost ran into a beautiful girl about my age––tall and slender, with short blond hair and slanted blue eyes, or maybe turquoise. I don’t know. The color is hard to describe. I introduced myself and she said her name was Nikki.

She was lost and asked me for directions, which I gave her. She was looking for the guy who lives next door. You know how that goes; some guys have all the luck.

Before I climbed in my car, I saw this Nikki pause at the top of the stairs and look back. I smiled and waved. She waved back.

When I turned the key in the ignition, I noticed I was almost out of gas. I didn’t have time to stop at my favorite station a couple of miles in the opposite direction, so I stopped, instead, at the one along the way where gas is usually a little higher. Standing there at the pump, watching the dollar amount race along made me think about the mess I had made of my finances even after all the warnings from Mom about spending.

After thinking about it, I decided to swallow my pride and ask Mom for help, telling myself how much worse it would be if I had to move back home because I couldn’t afford to pay the rent.

I was sure that’s what Mom wanted to discuss with me, and my stomach churned when I saw Maggie’s car pull up the driveway. It’s not that I don’t like her; she’s pretty cool. I just didn’t think I could handle both of them ganging up on me.

I turned the knob on the door and took out my key when the door didn’t open. While I waited for Maggie to get out of the car and come to the door, I could hear the cats’ loud, distressed meowing. I had a feeling something was wrong, and I was sure of it when Mom didn’t answer my greeting. I ran to the kitchen and saw her slumped forward on the table. I checked her pulse, pulled a towel from the drawer and pressed on the gash on her head. I told Maggie to call 911 and we waited for the ambulance. And that’s it.”

“According to my notes, the last time we spoke, you said you saw a blue car in front of your mother’s house that drove away as you turned down her street. Was it parked there?”

“I don’t know. All I saw was the brake lights flash briefly and the car driving away.”

“Could you tell the make of the car?”

“Naw; I really wasn’t paying close attention. For all I know, it could have just been going down the street and the driver hit the breaks for whatever reason.”

“Did you see the driver?”

“No.”

“You told Detective Smarts that you found the door locked and used your key to get in. Did you use your key to unlock both locks?”

“What difference does that make?”

“I understand your frustration; please bear with me. If the dead bolt was on, then the perpetrator would have had to have a key to lock it back up when he left, on the other hand, anyone could have turned the knob on the other lock from inside, locking the door behind them. That helps our case because it means anyone else could have entered, not just you.”

“Yeah, I understand, but I don’t know. The door didn’t open when I turned the knob. I was distracted by the cats’ loud meowing; I don’t remember which one I unlocked.”

“Okay, that’s enough for today. I’m on my way to speak to Maggie next and hear what she has to say about the real estate proposal she received. Are you doing okay? Anything you want me to do?”

“I want you to get me out of here. There’s this crazy tattooed man who killed another homeless man, stabbing him ten times because he touched his rusty old bicycle. He rambles on all day and all night… I’m about to go crazy myself. Please, get me out of here.”

“That’s what I’m trying to do, Ethan. I’ll see you soon.” With that, Hunter clicked off the recorder and glanced over at the man Tim. My ears perked up.

“I see you have a note here about Ethan seeing a blue car in front of his mother’s house, and I heard you question him in the taped interview,” said Tim, “but there’s no follow up on it. Why?”

“I wasn’t sure there was enough to pursue it after I interviewed Moresby,” said Hunter. “That interview hasn’t been typed yet either, you’ll have to listen to it.

“There were only two cars in the parking lot of the small stand-alone building when I arrived,” said Hunter, “a blue expensive foreign make, and a red economy one.”

“I walked in and Rupert Moresby––easily recognized from his picture in the real estate ads which is a good thing in the real estate business––stood at the reception desk speaking to the young woman sitting there. I introduced myself, and Moresby, slightly stooped as if carrying a heavy load in his arms, with thinning, dirty blonde hair and a walrus mustache, offered a limp handshake. I assumed other realtors occupied the other three offices, but at that moment we were the only three people in the building.

“He made it very clear that he didn’t know anything about what had happened to Alyx, and didn’t understand why I was there asking questions.

“I asked him who was interested in the Antiques & Designs building, and he said that James Dunne, the developer who’s putting up the condominiums down the street, was interested in buying it and the one next door. Dunne already owns the building next to the Ocean Street Café, and the one on the other side of Antiques & Designs. His plan is to add a third floor and convert the top two floors into condominiums, keeping the bottom floor as retail space. Paying six hundred thousand dollars for one building is a good deal for him when you consider that he’ll be able to sell each unit for at least three to four hundred thousand dollars.”

Tim agreed. “There’s no question he would stand to make a sizeable profit. Was he aware that Alyx didn’t want to sell?”

“Yes, Maggie had told him, and he admitted that he was upset at first.”

“What about Dunne Development? What do you know about them?” prodded Tim.

“Dunne Development is a well-known and respected firm. I know James Dunne, the owner, and we’ve played golf for various charities. I called him right after I spoke with Moresby and chatted about the charity golf tournament coming up next month and business in general.

“I asked him about his involvement with Rupert Moresby. He said Moresby presented it as a straightforward business deal. He told Jim he could deliver the two buildings between the two that he already owned. At first, Jim thought it would only be feasible if he had both buildings but after thinking about it, he realized he could do it by just purchasing one of the buildings. It would cut into his profit, but still come out ahead and so would Moresby.”

“When did he tell Rupert he could still proceed with just one of the buildings?” asked Tim.

“He didn’t.”

“Well… what can I do to help you my friend?”

“I was hoping you could help me out with the purse-snatchers,” said Hunter. “It’s a real long shot, I know, but you never know where it might lead. It’s possible they tried to rob Alyx. If they’re professionals, they probably wore gloves, and there wouldn’t be any other fingerprints around the house or on the pot. And then again, if they’re professionals, they wouldn’t have tried to rob her in daylight.”

“Right. And if they were watching her, they would have known her work schedule. She said Saturday is always her day off.”

”And since they ignored all that, why didn’t they take anything?”

“That’s a good question, and I don’t have an answer. Maybe Ethan and Maggie’s arrival scared them away.”

“That means that whoever attacked her meant to do just that.”

Hunter lightly hit the corner of the desk with his fist. “I have successfully defended some who were no doubt guilty and here’s an innocent young man who will probably have to serve time if I can’t defend him against the evidence gathered by the State Attorney’s Office.”

Hunter rose from his chair and paced the length of the room. “A review of the scene revealed no sign of a break-in or struggle, nothing taken or disturbed. The only prints on the pot belong to Ethan and Alyx. The witness reports confirm that Ethan’s car and Maggie’s were the only cars seen in the driveway. The police learned that Alyx’s half of the business was in both their names. The interview with Maggie also revealed Ethan’s bout of depression over the break-up with his long-time girlfriend just four months earlier. The police also know that Alyx had expressed her concern over Ethan’s spending habits, had quarreled with him on several occasions, most recently, about his twenty-five thousand dollar purchase of a Harley-Davidson motorcycle.

“The next-door neighbor, Mrs. Leary, told the police about the day Ethan showed up on his Harley. She was out on the porch, heard the motorcycle drive up, and the ensuing argument when Alyx came out, adding at the end, that it really sounded more like a disagreement than an argument. Unfortunately, that last part didn’t make it into the report.”

Tim leaned forward. “I see why you’re concerned. It doesn’t look good for the kid.”

“Notwithstanding all that, Ethan refuses to plead guilty or make any deals; says he abhors even the thought of being associated with such a heinous crime, let alone plead guilty. He insists he’s innocent––that he would rather take his chances. That hope is dashed now that she’s regained consciousness and doesn’t know who tried to kill her.”

“She can testify in his defense, though, can’t she?”

“She wants to. I haven’t made a decision on that.”

Both men were silent long enough for me to think they’d left the room, when Hunter came to stand in front of the window. I quickly moved out of his line of vision, pulling out some fur as I backed deeper in the thorny bushes.

Tim said, “I think we should talk to Mr. Moresby again. If it turns out that he was involved in the attack, it might prompt him to make a move. And what about this guy…George Lucas? You want me to talk to him?”

Hunter said, “I already have. I recorded the interview. I don’t have any notes because he didn’t have anything to add, but if you want to take it on, see if you can dig up anything on his business dealings, past and present.”

“Okay; so I’m to look into both the purse-snatching and Mr. Moresby…and check George Lucas’ business dealings. Right?”

“Right.”

“How quickly do you want me to get on it?”

“Quick.”

Their voices sounded farther away now and I took one quick look into the room.

Tim was looking at his phone. “I just happen to have some time in the next couple of days, is that quick enough?” Hunter sat behind his desk. Tim finished off the last of his coffee and got up to leave.

“Got to go. I have a lunch date in ten minutes and this lady doesn’t cut me any slack,” he said, grinning. How are things with you and Joann?”

“Still unsettled. Still a mess.”

“I guess dinner with me and my lady is out of the question?”

“I’m afraid so,” Hunter sighed audibly. “She filed the divorce papers; we’ve agreed to a settlement––she can’t decide to let me go or hang on, but that’s another story.”

So there was a Mrs. Hunter, after all. I made my way home, dodging bikes, kids and dogs, devastated to hear Hunter admit that Ethan didn’t have a chance. When I arrived home, I was exhausted, but I wasn’t finished yet. I asked Pooky if she still wanted to help and she said she did. I asked her to arrange for one of her outdoor cat friends to stake out Hunter’s office, on the lookout for Tim and report what he uncovered in his investigation.