By Martin Manley

Chapter 1

Motionless, he lay on the cot. Eyes wide-open – staring out through the bars of his window at the blue sky beyond. The shadows of the bars crept slowly over his bright orange shirt as the sun inevitably crossed the sky. He had seen many men sent to prison and couldn’t imagine what a lifetime behind bars would be like. He was determined that he wasn’t going to spend that time as a girlfriend for some muscle-bound brute named Leroy. But, time was slipping by and there was no room for error. 

Alan Gable had been a criminal attorney for 14 years. He knew only too well what happened to professional people in prison – especially for murder – especially for life… especially if they claimed they were framed. Alan knew the criminal justice system made mistakes – all the time. The guilty were let go. The innocent were convicted. He had seen it… many times. Too many times. One too many times.

The justice system could be counted upon for one thing and one thing only – that justice would rarely be served. Yes, he was jaded. Why shouldn’t he be? Few attorneys remain passionate and idealistic after 14 years.  Of course, most attorneys were a big part of the problem - far too interested in their careers and settling cases than truly discovering the answers to right and wrong. Or at least that is how he saw it.

Alan had been an exception – always fascinated with the details of a case. Unlike others, he wanted to know why - when nobody else cared. He wanted to know who - when there was no one left. He wanted to know when - even if there was no time to find out. Alan was an exceptionally detailed man with a brilliant memory. He made the perfect law partner. It wasn’t that he was blessed with the greatest speaking skills. And, he certainly wasn’t charismatic. He was a good-looking man at age 40, but that and a buck will get you a bad cup of coffee in a courthouse. What made Alan a superior jurist was the fact that no detail was too small, no jot or tittle beyond the scope of his detection. His discovery, due diligence and analysis were unparalleled in this suburban enclave just north of Miami.

Alan could remember the license plate number of a car involved in a hit and run five years before. He could tell you the name of a child who died in a fire set by an arsonist in his first case. He never forgot his courtroom opponents or the sentences his clients were facing. He even remembered the time on the clock of his most famous case – the exact time the woman stood up in court and shocked the world. Alan was a man of numbers, intellect, stature and pride. Prison was no place for him to be.

But, here he was alone - gazing out at the sky between the bars of a small window – a window way above him – a window way above this dark and dingy room. His moment of conviction had come. It was probably his best chance.

He lay on the cot, the fingers on his right hand spinning around his wedding ring finger. It was a habit of his – spinning his wedding ring. Alan can’t recall when he first started doing it, but caught himself doing it often even if he didn’t have the ring on at the time. Alan was obsessed with the ring and what it meant to him.

As he closed his eyes, he could hear that haunting voice. “Your honor. We, the jury, as to the count of murder in the first degree, find the defendant… guilty.” The words were like a stab in the heart. Innocence meant nothing in the judicial system – or so he thought. But, now it was time to move on – to the next step. If anyone could do what had to be done, he knew he was the one.

Deeper into a dreamlike state, shadows from the bars moved across his prone body, Alan sees it again and again. He’s seen it a hundred times…. every time the same…

…His wife Elaine is making coffee in the kitchen. A man comes up behind her wrapping a long piece of rope around her neck with gloved hands. He pulls with such force, he lifts her off her feet. She can barely garble a scream. The rope digs mercilessly into her soft skin. She chokes, trying to get her fingers between the rope and her throat. But, she is hopelessly at the mercy of her attacker. Her face turns red as she kicks wildly – then redder than red … until there is no fight left. Elaine is dead.

The man drags her across the living room to the master bedroom. It is dark and hard to tell who is who. But soon there is silence. The man stumbles from the bedroom. More noises are heard. Elaine lies motionless next to the bed.

A minute later Alan rushes through the door and slumps by the bed. He reaches up from the floor to flip on the lamp. Elaine’s face is no longer bright red, but the look of death is unmistakable. Alan feels for her pulse. Finding none, he frantically grabs the phone off the night stand and dials 9-1-1. The alarm clock shows 7:10PM.

“Someone killed my wife. Someone killed my wife. Someone killed my wife. For God’s sake, someone killed my wife.”

Suddenly, the sound of metal clanging - much like that of a prison cups on prison bars - jolted Alan back into reality.

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It was Valentine’s Day. Alan had a lot of work to do at the office and his partner (Dave) was going to be heading out to take some measurements at a property in the swamps later in the day. Alan needed to get to work.

“Elaine, you do remember that I’m planning on taking you out tonight.”

“Of course”, she replied. “How could I forget that? You owe me and you will continue to owe me until that picture has been erased from my mind” Alan commented that he would be home by seven. “Have some of your famous coffee waiting for me, ok? We can have a cup and then go out for dinner.”

As one might surmise, Alan had an affair with another woman. Elaine had suspected it because Alan seemed no longer interested in her. That’s usually a clear sign. Elaine rummaged through Alan’s desk a few weeks before and found a photograph of him embracing (and kissing) the woman on a beach – probably in South Miami – far enough away that they wouldn’t be recognized. Neither Alan or the woman were all that clear in the photo, but she recognized his swimming trunks and he didn’t deny it when she confronted him. He told her it had been months since that day and it was a one-time thing. She knew he was probably lying, but he was damn good at it. Hell, he made a living at lying. Even she couldn’t tell when he was being honest. After a week or so of torturing him, she let it be known that if he wanted to try to make it work, she would be willing to give him a second chance. The terms were strict, but Alan agreed.

The day passed like any other day. Alan’s partner, David Turner, left the office around four o’clock to head out to the “swamps”. Their case involved a man who was accused of kidnapping a teenager and holding her hostage for four months at an old farm. He was almost certainly guilty. The girl escaped and miraculously found her way to a main road where she was picked up and taken back to the city. She described the location from where she was picked up. With few other options, the police zeroed in on the house of Aaron Stallings. He was single, living off an inheritance – a real loner. The hole in the case was that she says she never saw the man’s face. Forensics indicated she was there, however, and it was going to be a tough legal battle to keep him out of the slammer.  In their five years as partners, Dave and Alan had only lost one case –and even that depends upon how you look at it. This might be the second, but it was insignificant compared to the first. That one continued to hang over both of them ever since.

Around 6:40PM, Alan decided to head home, but received an important business call – one he had hoped he would get earlier in the day. Realizing the call was going to take some time, he put the fellow on hold and called Elaine.

“Honey, listen, I’m sorry. I’m a little tied up. I’m actually on the other line right now.” Realizing a more specific excuse was needed considering the circumstances, Alan explained further. “I will be there around 7:30 instead of 7:00. It will still be fine. We have all evening.” Elaine’s reluctant sigh was the sign of acceptance he needed, so Alan went on with his other conversation.

Before, he realized how much time had elapsed, it was 7:35. Alan had to race out the door just to get home by 7:50. Fifteen minute drives are no big deal unless you are late to take your wife out and she’s already told you that you are the thinnest of thin ice. Then, it’s a big deal – a really big deal.

But, as was always the case, Alan had a plan for the evening. If it worked right, he would be a happy man and so would the woman of his dreams. Valentine’s night.

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Elaine is making coffee in the kitchen. She has poured two cups. A man came up behind her wrapping a long piece of rope around her neck with gloved hands. He pulled with great force. He tried to lift her off her feet, but she flailed wildly. Simply holding the rope tightly around her neck is all he could do. She could barely garble a scream. The rope dug mercilessly into her soft skin. She choked, trying to get her fingers between the rope and her throat. She reached up and knocked down the pot rack making a loud crashing sound. Alan, who was now home, heard the commotion, but stumbled from the excitement and hit his head on the counter. Elaine broke free and raced into the master bedroom. Her would-be killer was in close pursuit. Elaine attempted to shut the door, but he forced it open.

She turned to run. Once again, he reached over her with the rope. Once again, she was at his mercy. Once again, she turned red. Redder than red…. Deader than dead.

It is dark and hard to tell who is who. But soon there is silence. Minutes later Alan rushes through the door and slumps by the bed. After a pause, only Alan’s moans can be heard. The lamp has been knocked over and the phone is also on the floor. Alan’s arm is cut and blood has dripped onto the carpet. Elaine’s face is no longer bright red, but the look of death is unmistakable. Alan feels for her pulse. Finding none, he frantically grabs the phone from the floor and dials 9-1-1. The alarm clock shows 7:55PM.

“My God. Come quickly. My wife has just been murdered. My wife…  …Someone… killed my wife.”

Chapter 2

The police show up to Alan’s house. In fact, lots of police. Finally, an ambulance. Alan was right. Elaine is dead. The lead detective is a man named Lt. Tidi D’Nala who came from Trinidad. He had become rather adept at solving crimes. In fact, his nickname was Columbo, but Italian, he wasn’t. He asked Alan a number of questions about the intruder. “Mr. Gable. When did you first see him? Did you see his face? Did you injure him? How tall was he? Was he alone?” Alan’s head was swimming, but he answered the best he could.

Alan was not particularly popular, but he couldn’t come up with a reason anyone would want to kill him or his wife. He thought back to all his cases. Sure, it was possible that some alleged victim or family member of such a victim might want to seek their own form of justice. Alan wasn’t a saint and he was more than confident that at least a few of the people he and Dave had defended were guilty – and probably guilty of more than just that particular crime. But, a courtroom with six jurors decided otherwise. He and Dave had simply done their jobs. It wasn’t his fault that they were good at what they did. It wasn’t his fault that the prosecuting attorney was not as good. That’s the system. We all have to live with it or why bother?

Besides, Alan wasn’t the face of the defense. That belonged to his partner, Dave. David Turner was well known in the community. He did the commercials and the post-trial interviews. But, most of all, he was the one that did the cross examination of witnesses and the one that made the opening and closing remarks at trial. There were probably five people that even knew what Alan looked like compared to a hundred that knew Dave. “Why target me?” he stated. And even more to the point, “Why target my wife?”

As Alan reflected back upon who it might be, he outlined every conceivable scenario he could think of to the police. Though he had no reason to doubt Alan, Lt. Tidi D’Nala was more than aware that when a person is murdered and when there is no immediate alibi for the spouse, that person is the initial number one suspect. It’s likely he will be replaced by a better suspect in due time, but the statistics argue that Alan may have been involved no matter what else he finds out.

The justice system may say that a person is innocent until found guilty, but in D’Nala’s world, the spouse is guilty until found innocent. He was confident that every police investigator would agree… even if they wouldn’t say so out loud.

Consequently, D’Nala recommended that, as a matter of standard operating procedure, Alan call his own attorney. Initially, Alan refused - not wanting to appear to be uncooperative. However, after at least an hour of questioning, he decided that was probably a good idea. He called his partner, Dave Turner. He received Dave’s voice mail and so he also sent out a text message and put in a predetermined emergency code. About an hour later, Dave called back. “What is the emergency?” Alan responded, “Elaine has been murdered.”

Alan and Dave first met while representing two separate corporate defendants in a product liability case. They worked together and won the case for their clients without settling. That gave each of them the confidence and exposure they needed to start their own firm – which was 11 years earlier. As is the case with any two partners, they had their moments of disagreement. Dave was the courtroom defense attorney who excelled because his charisma was a strong selling point to most juries. Alan handled more of the deep research, planning, tactics, and logistics. Sometimes Alan’s attention to detail clashed with Dave’s lack thereof. But overall, they seemed, at least on the surface, to compliment each other.

The irony of Elaine’s death is that Dave’s wife, Cynthia, died two years earlier. While on a hiking trip, she apparently slipped and fell off a cliff. Nobody can say with 100% certainty what happened as no one saw it happen. But, like any circumstantial case, it appeared it could not have been anything else but a simple accident.

That event was horrible for Dave and the firm and it took a long time to recover. In fact, it was only now that things seemed to be back on track. In a way, Dave needed Alan to help him in his wife’s death just as much as Alan now needed Dave.

At the time Dave and Cindy had not been getting along and they thought this trip to Colorado would help their marriage. It was the first time either Dave or Cindy had been to the mountains. Neither liked the cold, so they tended to stay away from the Rockies, but when they heard from Alan and Elaine how amazing the mountains were in the summer, they gave it a shot – a Rocky Mountain High double date.

The second day of the vacation was their first day of climbing. All four drove up to a cabin they had rented for the week. From there, they would not have to hike so far to see the vista. No sooner had they started up the trail then they were engulfed in flowers. Alan and Elaine had been to the mountains, so this was nothing new. But, for Dave and Cindy, it was a slice of heaven. Perfect temperatures, no humidity, flowers everywhere, incredible views. Being used to suffering through muggy Miami during the summers, this was almost surreal. It’s probably how northerners feel when they come to Miami in February.

After the accident, Cindy’s family questioned the possibility that Dave had pushed her off the cliff - as they were aware the two were having problems. Even the family of the victim knows the odds are good the perpetrator is the spouse. Moreover, the family of the victim tends to apply guilt before innocence.

Of course, that didn’t last long as Alan’s story largely refuted any possibility that Dave could have been involved. Alan was extremely believable, even if he wasn’t an orator.

Dave had gone out ahead of Alan, Elaine and Cynthia (everyone except Dave called her Cindy). He expected the other three to follow. Just as they were getting ready to head out, Alan decided he needed to jot down a few notes regarding a case that was pending. Alan's mind was always swimming with data and if he didn't write it down now, he would lose it. Elaine stayed with him, but Cindy went ahead. She knew she was not adept at climbing, but she assumed Alan and Elaine would be along shortly and would quickly catch up to her. By getting a head start, it would mean Alan and Elaine would not have to constantly wait for her.

As was always the case with Alan, what was supposed to be ten minutes turned into three times that long. Alan and Elaine headed out, and after two hours, reached Dave far up the trail. There was a problem. Cindy was not there. Needless to say, that initiated a certain degree of panic. After all, the trails are only wide enough for two people to pass each other – and even then, usually by turning sideways. There was no chance they had passed Cindy on the trail.

It was possible that she had ducked into the woods to take care of a little nature calling, but the odds of that weren’t great. Maybe she intentionally got off the trail to pick some flowers or for some other reason. Still, knowing Cindy and how cautious she was about most things, none of the three could see her doing anything other than what she intended to do – head up the trail until she either met Dave or was caught by Alan and Cindy.

Even though they didn’t understand how they could have missed her, the three felt sure that once they started back down the trail, they would run into her. After all, what other options were there?

When the trio eventually got all the way back to the cabin, they were sure Cindy would be there waiting for them with some explanation – probably altitude sickness. However, nobody was waiting. They asked a few other campers nearby if they had seen her. None of them knew anything. Now, they were worried. Dave, in particular, was frenzied.

Dave was always the emotional one between the two attorneys. This was great in the courtroom because it enabled him to identify with the jurors and even the prosecuting witnesses. He would first express anger or grief or sympathy or whatever the witness was feeling… before he would turn it around on them. I would often watch in amazement knowing that he was simply baiting the trap. I had seen Dave like this many times, but never for real. This was scary. Elaine was in tears and we felt that she needed to stay at the cabin while we went looking for Cindy. Besides, if Cindy came back to the cabin, somebody needed to make sure she knew what was going on.

The cell phones didn’t work in this part of the mountains, but they had two-way radios. None of them had taken the radios the on the first hike because there didn’t seem to be any reason. Besides they were already carrying plenty of stuff with them to camp farther up the mountain. However, this was a different situation. Elaine kept one of the radios and Alan and Dave took the other.

This time when they hiked up the trail, they did more than just walk. They started looking at every place someone could be, looking over every rock wall, no matter how improbable.

Eventually, they found her… dead at the bottom of an 80’ cliff. It was horrifying. Dave was beside himself as one might imagine. Alan was grief-stricken as well. To make matters worse, they would not be able to tell Elaine in person. They had to radio to her the news so she could drive to the Rangers’ office and report it. In about 45 minutes there was a helicopter overhead and not long after, several Rangers came upon them.

Alan and Elaine verified that Dave could not have pushed his wife since he was well up the side of the mountain and had already pitched the tent by the time Alan and Elaine had reached him. Despite having provided him with an air-tight alibi, Dave always harbored some resentment toward Alan that he let Cindy go up alone and did not follow right away. In fact, ever since that tragic event, their relationship had been much more business-oriented. Part of it was simply that they couldn’t do the “couples” thing and part of it was the fact that Alan, as much as Dave, was uncomfortable dealing with personal issues – both afraid the subject of Cindy’s death would come up.

But, Dave Turner is a top lawyer and his partner Alan Gable is now in good hands.

When Dave arrived at the house, Alan impatiently asked, “What took you so long?” Dave replied, “I had to go out to that damn property and make a few measurements on the Castro case. It’s in the middle of nowhere and cells don’t work. You’ve been there. I got the page on the way back to civilization.” Alan slumps from exhaustion and relief that his partner is finally there. After a momentary pause, Dave consoles him. “God, I’m so sorry.”

Chapter 3

As the investigation proceeded, Lt. D’Nala became more and more suspicious of Alan. His questions became more probing and took on a more accusatory tone. Alan knew the spouse was the primary suspect, but he wasn’t too worried. After all, he and Dave had only lost one case and even using the word “lost” with respect to it was a little misleading. They were about as close to undefeated as any firm could be. Alan had complete confidence in their abilities and figured, just like always, the picture would start to be formed in their minds. After that, the jury – if there ever was one – would be nothing but putty – like a cat sitting there waiting to be fed tuna, tongue hanging out – desperate to be satisfied.

Alan met with D’Nala on two occasions at the station – both times with Dave. Had he felt as though he were going to be arrested for the crime, Alan would not have agreed to the meetings, but Dave convinced him they wouldn’t arrest Alan – at least not until they had given up on finding anyone else – and that took time.

Alan repeated the same story - that when he came home from work, he heard loud noises from inside. He remembered racing into the kitchen in time to see a man choking Elaine. He grabbed the man from behind, but didn’t see his face. Then Elaine yanked down the pot rack and he was hit over the head. He fell. At that point he was momentarily unconscious. When he came to, he was groggy, but he remembered hearing the man leaving. So, he ran into the bedroom where he found Elaine. He checked her pulse and called 911.

This seemed like a simple explanation, but one devoid of critical details. One of the things Alan had learned in his business was that police would go over the same thing – even something that might have only taken a minute or two… a hundred times! Despite the story being the same the first 99 times, it would not deter an investigator from asking a person to repeat it yet again. Although Alan fully understood the way it worked, it didn’t make it any easier. It was bad enough that his wife had been murdered without being made to relive it over and over.

Not surprisingly, the questions continued by D’Nala. “Why wasn’t the security system active? You said yourself, she was very cautious and always had the alarm on when home alone.” “I don’t know.” “Why would someone want to kill you or her? And, if they wanted to kill you, why didn’t they finish the job?” “I don’t know.” “Why was there no obvious evidence to indicate that anyone else was in the house?” “I don’t know”. “Why wasn’t anything stolen? If it was a sexual assault, why was she being strangled? Why was there no forced entry?” Why, why, why?

It had been three days since the murder and Alan had been staying in a hotel. The house was cordoned off even though most all of the investigation and gathering of evidence was over. As far as Alan knew the only people who had been in it since he dialed 911 were Dave the night of the murder, the police and prosecutors. Dave was scheduled to tour through it the next day with a representative of the homicide department at which time he would discuss the details with Alan.

Lt. D’Nala was an extremely detailed person – probably similar to Alan. But, what made him different was the fact that he assumed everyone was guilty while Alan began with the presumption of innocence. There were times when Alan and Dave had a client who was probably guilty, but Alan made sure the client didn’t tell him he/she did the crime. For Dave, it didn’t matter. He was able to ignore minor details like guilt. Alan, however, was far more obsessed with specific details. Being guilty is a major specific detail and it was harder for him to overlook it when dealing with the case. As a result, Dave and Alan agreed that even if Dave was aware of guilt, he wouldn’t burden Alan with it. Was that a weakness on Alan’s part? Probably, but nobody is perfect and Alan recognized he was far from being perfect. Because of that, he hashed and rehashed every strategy over and over in his mind before he would discuss it with Dave or anyone else.

D’Nala probably had his flaws as well, but he didn’t seem to miss any detail in the investigation. Alan knew he would be seen as a strong suspect. After all, there was no evidence of any kind that anyone else had been in the house that night. Alan had been cut. He claimed it was from a fall, but it could have just as easily been from the pot rack while he struggled with Elaine. He could have even injured himself as a cover. There was no motive for anyone else to have committed such a violent crime despite Alan’s list of potential courtroom opponents who might have a grudge to bear. It was a long shot, but you have to start somewhere.

In addition to that, it made no sense that someone would come to his house when, under normal conditions, Alan would be there… unless he was after Alan. If that were the case, then why did he leave him alive? And, more importantly than all that, how was it that the person even got in the house without breaking in? Sure, it was possible that Elaine opened the door and then was overwhelmed, but there was no evidence of a scuffle except in the kitchen. Even worse, according to Alan, the murderer had a mask on. Did it make sense that a perpetrator would have taken off his mask long enough to get into the house and then put it on while he was in the process of committing murder? Preposterous.

It wasn’t as though Alan didn’t understand the arguments for and against, but it was ultimately true that there wasn’t any significant reason to believe Alan would have done it. Besides, surely a brilliant defense attorney could come up with something better than coming home and strangling his wife. What about setting up a patsy? What about having an alibi – even if it was weak? Alan couldn’t imagine anyone thinking he was that stupid.

But, one thing D’Nala did not allow into his head was the possibility that someone was too smart to have committed a crime. He had come to realize that many crimes – especially those of passion – were not thought out well in advance. Consequently mistakes would happen. Mistakes always happened unless a crime was planned by a genius and at least a few weeks to prepare before it happened.

And, then there was the fact that Alan and Dave had defended three clients who had been arrested by D’Nala. All three ended up walking, even though one was under extreme conditions. D’Nala was a professional and was committed to not having an emotional attachment to a case, but nailing Alan for a murder he committed would go a long ways toward making D’Nala feel a little better about three criminals having gone free – especially when one of them later committed a murder.

Without a doubt the biggest single argument in Alan’s favor was the fact that the murder weapon was not found in the house. According to the pathologist assigned to the case, Elaine had been strangled by a rope. Fibers were found in her skin. As D’Nala conceded, the fact that the killer used a rope was cut and dried – “no pun intended” he remarked. So, if the rope wasn’t inside or outside around the house, then how could it be possible that Alan had committed the murder?

Alan’s phone records show he was at the office until 7:35. It took 15 minutes to get home. His 911 call came at 7:55. It was simply absurd and virtually impossible that Alan could have left and disposed of the rope. Besides, if that were the case, there would be some blood evidence leaving the house or in his car. And, it wasn’t just the rope. Had Alan been responsible, he would have rope burns of some kind on his hands. There were none. So, he would have also had to have disposed of the gloves. As Dave stated to D’Nala… “if the gloves don’t fit”. That didn’t make any sense, of course, but Dave was used to saying things that didn’t make sense. His philosophy of defense was to throw everything but the kitchen sink at the wall just to see what stuck. The beauty of being the defense was that only one thing had to stick to trigger “beyond a reasonable doubt” and Dave would try just about anything.

Of course, D’Nala learned of Alan’s affair and he knew it had caused troubles in the marriage. That’s among the top reasons why one spouse would kill another. Not fittingly, it was usually the spouse who committed adultery that killed the one who did not. Why should this case be any different? Alan denied there was a reason to kill Elaine since he had ended the affair and things were back on course in the marriage. Alan would not tell D’Nala who the person was that he had an affair with. His argument was that he didn’t need that person for an alibi and that he hadn’t seen her for weeks. He simply wasn’t going to drag her into this whole sordid mess.

It made perfect sense as to why Alan wouldn’t give up his former lover’s name, but for someone like D’Nala, that wasn’t acceptable. For one thing, the jilted lover could be responsible for Elaine's death even if the murderer had to be a man. D'Nala was subtle, but used to getting what he wanted. As a result of having nobody else to blame, Alan's unwillingness to reveal his former lover, and despite the inability to explain why the rope and gloves were not found, D’Nala had only one choice because he had only one suspect.

Chapter 4

Despite all the TV crime dramas that portray the police as showing up to the front door of the accused and stating the person’s name, telling them they are under arrest and reading them their Miranda rights, it doesn’t happen that way when dealing with white-collar criminals – at least most of the time. D’Nala informed Dave that he would be charging Alan with premeditated first degree murder. Ironically, had they found the gloves and rope, perhaps it would have been a lesser charge - second degree murder - based upon the assumption of an unexpected argument or something else precipitating it. But, from D’Nala’s point of view, Alan had to have planned the murder because he had to have had the rope and gloves at his disposal and all this had to have happened within a couple minutes of coming home. Plus, he had to have a plan to get rid of the rope and gloves.

Dave broke the news to Alan that the police planned to charge him with the murder. They arranged a time to go to the station and turn over Alan to D’Nala and his henchmen – at least that’s what Alan thought of them at this point.

Alan was never a huge fan of the police. After all, he defended the people the police said were guilty. Naturally, he liked the fact that he lived in a safe suburban community where the only thing separating security from insecurity was the police. Still, he knew they often accused people of things in order to make a quick arrest and in order to move the file off the top of their desk. He was sick and tired of hearing about how overworked they were. So, when his arrest came so soon after the murder, he was forced to consider the police as the enemy.

When Alan showed up at the station and was charged and read his rights, he refused to answer any additional questions. Dave began the process of getting Alan released on bail, but that would have to wait for a hearing. So, for a few days at least, Alan was going to have weather the storm in jail. The upside is that it would give him some time to think. Apart from the obvious, the downside is that Alan wouldn’t be able to actively work on his defense.

The biggest problems Alan faced were circumstantial, but substantial nonetheless. Whoever killed Elaine must have known the alarm code because Elaine rarely opened the door unless she knew the person - making full use of the peek hole in the door. Alan recalled once when he had been working outside in the back yard. He walked around to the front only to see a young girl dressed in her Girl Scout uniform coming away from the front door. Her mom, or at least it appeared to be her mom, was waiting by the curb. Alan asked the girl what kind of cookies he was going to be getting. The girl said nobody was home. Alan knew Elaine was there, but he went ahead and ordered a couple boxes. He was always happy to help the Girl Scouts because there were very few treats as good as the thin mints.

Later, Alan asked Elaine why she hadn’t answered the door bell. She simply said she didn’t recognize the girl. That’s how cautious she was. Fortunately, for Alan, Lt. D’Nala didn’t know she was that paranoid, but he still knew she wouldn’t have opened the door for some strange man.

The other problem was that the killer appeared to know the layout of the house and that someone was home. Perhaps he had even cased the house, but where does someone hide in waiting on a suburban block where everyone knows each other and watches out for each other. And, if that’s not enough, nobody on the block saw any vehicles arriving or leaving Alan and Elaine’s home. The advantage to that is that they also didn’t see Alan arriving home. So, if they missed Alan, they could have easily missed someone else – some other car.

Since Elaine had no enemies – and that means none, one of the primary thoughts behind the crime was that it was a burglary. Maybe the person rang the door bell and when nobody answered, thought no one was home. Maybe the door was unlocked. Nothing was stolen, but that could be explained by the fact that the intruder saw Elaine, chased her into the kitchen and murdered her. When Alan showed up, he panicked and ran – not concerned with taking anything with him.

Elaine had Alan’s blood on her. If Alan had simply fallen as he claimed and then run into the bedroom, how would his blood be on her? Okay, maybe a little when he tried to revive her, but after that? It looked more like the blood was from a struggle.

Probably, the worst of it is that there is no forensic evidence - yet anyway - to prove that anyone else was in the house. Alan admitted that he was unable to see the murderer because he fell immediately and the murderer wore a mask. As a result, he was helpless in aiding his own defense. He acknowledged that his own memory was fuzzy because of the bump he took on the head, but that a few memories had returned. He later remembered the broken glass and assumed that is how his arm was cut. There was a trace of his blood on the glass.

The point is that there was enough evidence to indict Alan despite the fact that nobody would be able to testify that he was a violent person or that he had said anything to Elaine that would indicate his potential for violence. He also knew nobody would be able to give a good motive and that the rope and gloves were not found. It’s never a good thing to be charged with murder, but considering the circumstances, Alan felt relatively good about his situation.

Bail was eventually set at $250,000. It probably would have been higher except that Alan had never traveled outside the United States, didn’t have a passport and had no family outside of Florida. There was no problem paying the bail and the sooner the better. Alan was extremely anxious to get back to working on his case.

Dave took Alan back to the office where they decided they needed to begin working on the defense. Dave had no reason to doubt Alan. He couldn’t remember a time when Alan had ever lied to him in their 11 years as partners. Besides, he wasn’t the type to brutally murder his wife. It just didn’t follow. Simply put, Dave believed in his innocence. Of course, that wasn’t exactly a requirement for him to prepare a good defense, but it didn’t hurt either.

Alan had a rather large life insurance policy on Elaine, but that wasn’t uncommon. They weren’t in financial difficulty and Alan always prided himself on living far below his means. They didn’t have kids to fight about. They had been married 18 years. No prevailing motive. So, why shouldn’t Dave believe him?

Alan had always been known for his high ethical standards – something lacking in his profession. Dave fully planned to use this in his defense. There were dozens of people he could get to testify on Alan’s behalf – people that would bet their life Alan could never have done such a thing to Elaine or anyone else.

Dave had considered taking a backseat role and hiring an outside defense attorney. There were others fully capable of doing the job. The cost wasn’t an issue as the company had made plenty of money over the years. But, the problem with it is that it meant putting his (and Alan’s) fate in someone else’s hands. That’s something neither Dave nor Alan had ever felt comfortable doing.

Attorneys are type-A people, to put it mildly. They are also very controlling and want things done their way. Just because Alan was the defendant didn’t impede him from doing the leg work necessary. In fact, the two of them should be able to do an even better job than normal – and normal was always good enough – well, almost always.

So, Dave and Alan decided that they would handle the case by themselves – along with a company paralegal.

Dave knew it would be essential to get into the mind of D’Nala to determine what tactics he might employ in the upcoming trial. This was a basic strategy that most defense attorneys employed. The difference was in how well one might be able to anticipate the prosecution’s strategy. Both Dave and Alan considered themselves to be very good and oftentimes would prepare for the exact sequence which the prosecution would then follow. There were times during a trial when they would give a knowing look to each other when they were both thinking… “Are we geniuses or what?”

Chapter 5

Over the next several weeks, the two attorneys work on the case every day – except Saturdays and Sundays. Dave had a daughter and a son. His daughter was working on her graduate degree while his son was a senior in college. Both were away. Because of the circumstances of both wives having died, it left a lot of time for the two of them to concentrate on the business. Both were hard workers. Still, they occasionally needed some time off to get away from the pressure. Additionally, they had two other cases they were still working on – including the Castro case.

They had turned down yet another case since Alan was arrested, but that just made sense. If the time came when Alan was found guilty, it might mean he would be unable to continue to work at the company – even under appeal. Dave certainly didn’t need more money. The only precious commodity left in his life was time and the last thing he needed was too much work to handle by himself. So, as the days grinded on, the two of them developed the strategy for the eventual trial.

As to Saturdays, Alan felt extremely alone. It was common for him to go out and have a drink. He didn’t want to be seen as having fun or chasing women or anything of that sort, so he would keep a low profile. After all, he was, at least supposedly, still in the grieving stage. Nevertheless, he would often find himself at the same club and he would sit as far to the back as possible where the light was the dimmest.

If anyone knew him and had paid attention, they would have seen that he often sat with a woman. She would have her back to the main part of the club and they would leave at different times. Clearly, Alan did not want anyone noticing them together, but at the same time, it wouldn’t have been that big of a deal. So what if you have a drink with someone. What’s the crime in that?

The “crime” was that this was the same woman he had an affair with. Part of his defense is that he no longer had the affair and therefore there was no reason for him to murder his wife. Besides, Elaine knew about it and had offered a form of forgiveness even if it meant he would be in the doghouse for awhile. Anyone seeing Alan and his former mistress and putting two and two together might conclude that one of them or both of them had conspired to commit the murder. And, while that certainly didn’t mean Alan was lying about cutting off the affair, a jury might think differently.

Alan felt comfortable talking to the woman – possibly even confiding, searching for comfort. “The whole thing probably lasted less than a minute, but I’m sure she was terrified, nonetheless. I don’t know exactly where to go from here. We had plans to go sit on a beach somewhere. And, I’ll tell you, as soon as this is over, that is exactly what is going to happen.”

It had been weeks since he was arrested and he still had not gone back to the house. Dave insisted that he stay clear of it – at least for awhile longer, so he had retrieved a few personal items for Alan. The main reason to stay clear was because of the gloves and rope. While it was true the police could not find them and they looked high and low, if Alan never went back there before he was tried, nobody could say he had taken them. This was an absolutely critical aspect of the case that weighed heavily in Alan’s favor.

The next to last time Alan and the woman met, he appeared more intense than normal. It was impossible to say what she was feeling since her back was to the crowd and her long hair covering much of her face. Alan looked around nervously, twisting his wedding ring out of habit. They talked for a few minutes before he leaned near her and whispered that he wanted her to go to the house and “pick up the Valentine’s present I bought for Elaine and to keep it safe”. He told her where the spare key was hidden and gave her the code – 7673. “Make sure you enter the code right. We don’t need the police showing up thinking you are a burglar.” “That’s ingenious - thinking ahead like always.” she said.

That night Alan was back at the hotel and was thinking about the house. He actually missed being there and hated the fact that he had to stay away. While he laid on the bed, he had flashbacks to the murder. Alan remembered the struggle in the bedroom. He remembered moaning by the bed. He remembered the lamp and the phone on the floor, his own blood smeared onto Elaine’s blouse. Finally, the most important part, feeling for Elaine’s pulse and finding none. The memory was so real that Alan actually grabbed the phone and started to dial 911. “Someone killed my….My wife has just been murdered,” he muttered to himself, putting down the phone. “My wife has just been murdered.” He remembered slumping by the bed while holding a towel against his arm. And, of course, he remembered the alarm clock – 7:55PM.

He drifted off to sleep.

A man (Ned Forrester) was being tried for shooting another man (Ed) four times. Of course, Ed died immediately. Alan and Dave were defending him and from the very beginning they called it the EdNed case. It was common for them to give a shortened version of the names as the title of the case. It made it easier to quickly refer to it. And, if there is one thing that all attorneys – or at least all successful attorneys do, it’s find shortcuts. The law is so extensive, that if you don’t find ways to save time, you will spend forever on a case and go broke.

In order to win the EdNed case, they knew they only had to figure a way to show that someone else may have done it. Unfortunately, the case was going nowhere and it didn’t look good for their client. As the trial dragged on, there came a moment when the case would swing 180 degrees. Ned had been accused of murdering a man while his wife (Matty) waited for him in the car. There had been no evidence that she was involved or that she even knew anything about it. In fact, there was no hard evidence that Ned Forrester was involved either except that an outside video camera recorded a still photo showing his car and license plate from behind at the same time of the murder. You could see the silhouette of the head of one person sitting behind the wheel, so it was clear that person wasn’t directly involved.

Matty had been having an affair with the murdered man and the prosecution argued Ned went to the man’s studio to seek vengeance. Perhaps, but no murder weapon was found and if not for the still photo, there would be no case against Forrester. But, it was impossible to explain the photo away. Ned’s position was that he was there, but that he heard gunshots and ran back to the car.

This was one of those cases where Alan could see Ned in prison trying to explain to other inmates that he was innocent and they were all rolling their eyes. “Oh, an innocent man in prison. Never heard that before.” Still, Alan and Dave had a couple theories of who else might have done it and made sure to press those at every opportunity.

As the trial neared its end, the odds were becoming greater and greater that Alan and Dave would lose their first case. Then, out of the clear blue sky, Ned’s wife (Matty) stood up in the courtroom and hollered. She was right behind the defense table and Alan nearly had a heart attack. He had never seen anyone explode in a courtroom before. “My husband did not kill Ed, I did! I shot him four times while Ned waited in the car for me. He didn’t know anything about it. When I came out, I had the gun in my purse. I told him we broke off the relationship. We went home. Later that night I claimed I was going to store. Instead, I went to the river and threw in the gun.” He was just protecting me by saying I was in the car. I wasn't. He was driving.

Needless to say, the judge tried to interrupt her, but the damage had been done. There was no choice except to declare a mistrial. It was up to the district attorney to decide what to do after that – to try Ned again or to drop charges and try his wife. As it turned out, they dropped the charges against him. With her public confession, she had no defense and a plea bargain was reached. The case never went to court and Alan and Dave’s undefeated record continued – though both admit, they likely would have lost had the trial gone to the jury and had his wife not suddenly decided to come clean.

That had been two years ago and had always stuck in Alan’s mind as the strangest case he had worked on - how a courtroom outburst could completely change a case. But, that was then, this is now. The next Saturday, Alan met the woman for the last time. Once again, he was the first to arrive and the last to leave. The woman came in and sat down at the usual spot. She handed him a present. It was nicely packaged with red ribbon and a bow. The two spoke for a few minutes and then Alan left with the present.

Chapter 6

Dave’s office is extremely lavish – even relative to other attorneys. Alan’s office is very modest by comparison, but he didn’t mind. After all, Dave was the superstar, the one who did the commercials, the one whose face was synonymous with success. So, except for some envy at times, Alan was fine with it. Dave’s office was where they did their brainstorming. Many winning strategies had their seeds inside these four walls.

The trial was coming up soon and so they decided it would be a good time to review. Alan slumped down in the chair - nervously twisting and turning his wedding ring. They begin recounting the events of that fateful night. Again, Alan appeared haunted by the murder - desperately trying to come up with something that would aid Dave in his own defense. But, the story played out the same - the sound, the struggle, the pain, the darkness, the time, the phone on the floor. “Someone… My wife has just been murdered!”, he once again mutters – this time to Dave.

Alan knew the consequences of a “guilty” verdict. There was no need for Dave to remind him. Even so, Dave was Dave and he was constantly badgering Alan about the consequences. Of course, he did that with every case and, frankly, it was probably a big part of why Dave was so successful – he never lost sight of the end result and the unwelcome consequences.

After a couple hours of rehashing the story again, they decided to call it quits for the day and Alan retreated to his own office.

It was almost lunch time when Dave received a phone call from Lt. D’Nala. He asked to meet with him. Dave agreed to have lunch at a nearby restaurant. A couple hours later, Dave called Alan into his office. When Alan walked in, he was surprised to see D’Nala. Dave’s face was grim. He told Alan the police claim to have downloaded the murder plot from Alan’s computer. It lists Elaine as the victim.

Alan is shocked. “How can that be? I swear I never wrote anything like that! What do you think I am, stupid? Do you honestly believe I would have written something out about it if I were going to do it – and then not to have erased it?” D’Nala started to comment when Dave interrupted him shaking his head in frustration. He asked for privacy and D’Nala agreed to leave.

“They claim you attempted to delete it, but it was buried on the computer somewhere. I don’t know how that works, but they say deleting it doesn’t really mean deleting it to a computer expert.”

“I didn’t do it Dave. I swear!”

“Maybe we can get a plea bargain, but this will be tried as premeditated. If you are found guilty, it’s bad.” Alan realized his defense was weak at the moment, but a plea bargain meant life in prison. His life, for all intents and purposes, would be over. He just couldn’t give up without a fight. “You know Dave, if they convict me, the firm will be yours. That was our agreement. If either of us were ever convicted of a felony, the other partner gets 100% of the firm. It will be your job to keep it afloat.” “Forget about that.” Dave exclaimed. “I haven’t lost a case in 11 years. I’m not going to lose this one either – especially not this one!”

The time had come when Dave decided he should meet with the district attorney. The only issue was whether or not he should agree to have D’Nala there. As it turns out, it was irrelevant since D’Nala was out of town for a few days. So, Dave met the DA in her office – just the two of them.

This was somewhat uncommon, but the entire case was uncommon – one partner representing another in a murder case. The DA (Diane Barnes) didn’t particularly like Dave. In fact, it would be more accurate to say she had very little respect for him. It’s not uncommon for there to be friction between prosecuting attorneys and defending attorneys, but this went beyond that.

Diane Barnes is a hard-nosed prosecutor whom Dave had beaten in court on several occasions. Truthfully, she despised him because she believed he has allowed the guilty to walk the streets. Alan isn’t as accomplished a defense attorney as Dave and it isn’t Alan that she feels beaten by in the courtroom. She is the one that has to explain to families why there is no justice – all the while Dave is yucking it up with some low-life that just got off scot-free. There is nothing in the world that Diane would rather do than to beat Dave – ending his undefeated streak. That would be the coup of the century and one that would make her career. But, of course, beating Dave meant a lifetime behind bars for Alan.

Because of the animosity between them and Dave’s smug attitude, there was very little hope the two could negotiate better terms for a plea bargain. Way too much ego at stake. As expected, Dave and Diane clash and nothing was accomplished. The battle lines were drawn. Dave went back to the office to deliver the bad news to Alan. “Well, partner, we are just going to have to pull this out together.”

Alan was well aware of Diane’s feelings toward Dave, but he hoped she would look at this as Alan’s life at stake rather than Dave’s ego. Apparently that hadn’t happened. He suggested maybe trying to talk to her himself, but Dave immediately said no to that and started into a bunch of ethical issues. Alan knew them better than Dave, but he was grasping at straws. What else could he do?

As the trial approached, Dave was having a harder and harder time trying to reconcile the fact that nobody should have been able to be in the house with Elaine except Alan. Nobody should have been able to get on his computer in the office except a handful of co-workers and they all had alibis at the time of the murder. Besides, only one of them was a man and he was lucky if he could open an envelope without a pair of scissors! Nothing pointed toward Alan’s innocence except that the gloves and rope could not be found and the fact that Alan really had no reason to do it. Once again, it would crucial to establish Alan’s state of mind at the time and his strong ethics. Dave had set up 12 character witnesses – none of which were in business with Alan and none of which were family members. These were well-respected people in the community – people that were beyond reproach. If not for the fact that there were no other suspects and the computer issue, this would be a slam dunk. Unfortunately, it wasn’t that simple. But, as Dave thought to himself, “Come to think of it, when is it ever that simple?”

It was unheard of to have never lost a case and Dave didn’t know of any other defense attorneys that could make that claim – at least not any who had been doing it for 11 years. After all, the prosecution doesn’t take a case to court unless it thinks it has the goods to win. Dave had faced a number of different prosecutors over the years besides Diane Barnes. Some were better, some worse. But, all of them knew the case very well. All of them were prepared and believed they would win… but, none of them did.

So, it was with that confidence that Dave decided he was as ready to go as he could be. Besides, some new twist or some new piece of information would inevitably come up in the trial. Sometimes for the worst, but most of the time for the better. Despite having no idea what that might be in this trial, it didn’t keep Dave from being optimistic. And, that optimism might be the one thing that keeps Alan out of the slammer.

Chapter 7

The day of the trial had come. As was the case in all other trials, Alan felt a bit queasy. Of course, this was an exceptional situation and considering the circumstances, he had every right to feel nauseous, much less queasy!

Throughout the trial, both sides made their arguments. Despite the character witnesses and inability to find the gloves and rope, the prosecution seemed to have the upper hand. Dave attempted to tie the murder into a recent home invasion about two miles away. But, nobody was hurt in that case, just tied up. And, the rope in that incident was inconsistent with the rope fibers found in Elaine’s neck.

Dave’s primary concern was that the jury would believe there were just too many coincidences. Elaine just happened to let a stranger in… or Elaine just happened to have left the door unlocked. Alan just happened to enter just as the murder was taking place. Alan just happened to have slipped and hit his head and cut his arm.

There was no evidence of an intruder and when you add the murder plot on the computer, it was just too much evidence. Except for the missing rope, open and shut. Almost too open and shut.

Alan and Dave talk about their options, but only one appeared to even come close to making a difference in the trial at this point. After all, Alan is no rookie as a court orator. Both Dave and Alan believe that he would have at least a chance of making a case for himself on the stand. It is a risky thing to do as every attorney knows. Alan remembers half of a course in law school specifically dedicated to having the defendant testify on their own behalf. It’s been done before, but because it opens up the person’s testimony for cross-examination by the prosecutor, it’s usually avoided. Unfortunately, without it, their hopes were diminishing. So, they agree. Alan will take the stand.

In court, Dave reviewed all the events with Alan. They each handled the testimony exactly as they planned. Dave made sure to incorporate all the character witnesses within his questions. He even went so far as to ask Alan what he might have done with the gloves and rope. Dave suggested he might have put them down the garbage disposal, but that theory had already been debunked by a plumber who said it would take half an hour and would still bind up the disposal. Dave suggested flushing them down the toilet, but that also would have required quite a bit of time – and they would have had to be cut up first. There simply wasn’t time for that.

Dave did all he could to remind the jury of the reasons they should have some doubt – enough doubt for at least one of them to be able to vote not guilty. That’s all that mattered.

One of the great things about Dave was that when he was in law school, he was asked to serve on a jury. When push came to shove the jury voted 3-3 guilty as juries in Florida are only six members. After awhile, it became 4-2 and then 5-1. He had held out at first because he wanted to see the process work, but the more he kept repeating his concerns, the more he believed them. And, the more he believed them, the more stubborn he became. Ultimately, the jury gave up and the judge declared a mistrial. And, that was (in Dave’s mind) his first victory in court. When Alan lists the consecutive winning streak at 19, Dave always considers it 20 even though the defendant was tried again and this time found guilty by all six jurors. But, that didn’t shake Dave’s confidence. He always believed he was right – and so far every jury he had addressed in the courtroom had agreed. Or perhaps a better way of saying it is that no jury he had addressed in the courtroom had unanimously disagreed.

Diane Barnes began her cross-examination of Alan. She narrowed it down to a few basic questions. “Mr. Gable. How do you explain that the alarm system had been turned off, when you, yourself, said your wife always arms the house when home alone.”

“You claim you heard noises and rushed in as the murder was taking place? So, how do you explain that your front door wasn’t locked? You weren’t thinking ahead when you gave the police your testimony, were you?”

“How do you explain the murder plot on your own computer?” Dave interrupts. “Your honor. The prosecutor is badgering and won’t allow the defendant to answer.” Judge Wright: “Sustained. Let him speak. Restate your question.” “Yes, your honor. How do you explain how someone got into your home with no visible sign of entry or how they got on your computer in a locked office?” Tears begin to well up in Alan’s eyes. Alan twists his ring. “I loved my wife. I would never do anything to harm her. Someone killed her because they were trying to hurt me.” Diane retorted. “Oh, that’s ingenious. You expect us to believe that?”

Alan, looking at the judge, stuttered. “I, I have some, something to say, something that is going to shock this courtroom. A few days ago, I asked a computer expert of mine to review the login times from the server. He traced the writing of the plot of which you are referring to a login pass-code that is different from my own. In fact…” pointing at his own partner – his own attorney – his own friend – Alan said, “He killed Elaine!” Dave looked shocked. The courtroom exploded in ahhs. “It was his computer pass-code and he has a key to my office. He knew our home alarm code as well. Elaine would have let him in without thinking about it.” Diane appeared to be also completely taken aback. “What did you say?” “I said he did it!” Again, pointing at Dave, Alan continued. “As I tried to get him off Elaine, I slipped and hit my head. I lost consciousness and I lost my memory. But, now I can recall black gloves and a black rope. I caught of glimpse of his face when Elaine ripped at his mask. It just came back to me. I remember now. I remember now.” “Why would he have done that?” asked a dumbfounded Diane. “He, he blamed me for his wife’s death and he’s never forgiven me for it. Now, he wants me to suffer by losing my wife too.” Alan is nervously spinning the ring around his finger almost as though he is attempting to screw it on even tighter. “More than that, he wants me to spend the rest of my life in jail for it. He hasn’t even represented me very well because he gets my half of the firm if I’m convicted. I should have realized it sooner.” Alan slams his fist down on the rail starring directly at Dave. “It was all a plot on your part – a frame.” Alan yells leaping to his feet. “You son-of-a-bitch!”

By now, the courtroom was at a fever pitch exploding in drama. Diane had the look of someone who had just been told they won the lottery. “Order!” yelled the judge. “Order!” Yelling over the noise, Judge Wright blurted. “Bailiff, escort Mr. Turner to my chambers. Ms. Davis, join us! Court is adjourned.” The crash of the gavel brought an uproarious commotion as the courtroom tried to make sense of what it had just witnessed. As Dave and Alan were being led out different directions, their eyes met. Alan gave Dave the same brief stare they would give each other whenever one or the other knew a verdict had been locked up in their favor.

Two days later, the court reassembles. Dave Turner is not present. The judge asked the defendant to rise. Alan folded his hands in front of him twisting his ring. “Upon hearing this new evidence, and realizing the complications now involved with trial – and upon consultation with the prosecutor, it is my opinion, and thus my ruling, that this case is closed. It is also my understanding that the prosecutor has verified the computer pass-code as Mr. Turner’s and a rope with blood on it fitting the description you gave was found in your partner – or ex-partner’s garage. Apparently, no gloves yet. And, since he does not have an alibi, charges have been brought against Mr. Turner. You will be subpoenaed to testify.” Alan quietly slips the ring off and puts it in his pocket.

For the first time since the night of the murder, Alan was able to go home. A tremendous amount of relief came over him. He was saddened by the fact that he would have to either go solo as an attorney or join another firm. But, at the same time, he was free to do whatever he wanted in life. Few men ever reach such a point of freedom. No wife, no kids, no money problems. And, best of all, he was now seen as someone who was almost railroaded by a trusted ally. There would be times of sadness over Elaine’s death and Dave’s conviction, but that was made up for by his freedom.

As soon as the went into the house, Alan went straight to the Master Bathroom, He looked at a couple small blood-stains on the carpet where he obviously stood before grabbing a towel from a shelf in the pantry to stop the bleeding. He opened the pantry and removed a stack of towels. The shelf is empty. He reaches in and pulls on tiny string. The panel comes out to reveal a hidden chamber. Alan would commonly keep presents hidden inside because Elaine was incapable of leaving any wrapped present alone. This was the only place he could manage to put something without her finding it. Alan nods as he looks inside at the empty chamber.

Chapter 8

Alan is lying on a beach – looking out over a tranquil lagoon. He is using his thumb and pointer finger to twist his wedding ring out of habit. But, there is no ring. He closes his eyes. He’s reflecting back – back to the day of the murder…

…His wife Elaine is making coffee in the kitchen. A man comes up behind her wrapping a long piece of rope around her neck with gloved hands. He pulls with such force, he lifts her off her feet. She can barely garble a scream. The rope digs mercilessly into her soft skin. She chokes, trying to get her fingers between the rope and her throat. But, she is hopelessly at the mercy of her attacker. Her face turns red as she kicks wildly – then redder than red … until there is no fight left. Elaine is dead.

The man drags her across the living room to the master bedroom. It is dark and hard to tell who is who. But soon there is silence. The man stumbles from the bedroom. More noises are heard. Elaine lies motionless next to the bed.

A minute later Alan rushes through the door and slumps by bed. He reaches up from the floor to flip on the lamp. Elaine’s face is no longer bright red, but the look of death is unmistakable. Alan feels for her pulse. Finding none, he frantically grabs the phone off the night stand and dials 9-1-1. The alarm clock shows 7:10PM.

“Someone killed my wife. Someone killed my wife. Someone killed my wife. For God’s sake, someone killed my wife.”

---------------------------------

Alan is lying on a cot. Perspiration is evident on his forehead. His eyes are closed. Suddenly, he opens them wide as if awaking from a dream. He wipes his eyes with his left hand. He reaches over to his wedding ring with his right hand and twists it gently around his finger. He appears to be reflecting back on Elaine’s death and simply refuses to take the ring off. Despite feeling imprisoned, life goes on. Memories refuse to fade. There are shadows running across his face and chest - shadows made from bars on the small window above him. Alan is wearing a bright orange shirt, which emphasizes how distraught and anxious he looks. It is as though he is trapped in a cycle of events that are clearly out of his control. Suddenly, a loud clanging sound is heard. In fact, several loud clanging sounds nearly simultaneously. They sound much like tin cans pounding on prison bars – when inmates want their breakfast. Alan closes his eyes for a moment longer ---

--- One last moment to make sure of his decision. He ran his hands along his shirt wiping the perspiration off his palms. He got up and looked back at the cot once more – thinking about how often he has come down to the basement to plan a course of action in some defense case. He glanced up at the window – musing about the bars and thinking about how confining they would be if he had to escape. A burglary threat would pale in comparison to the risk if there were a fire. The clanging had stopped. Alan went upstairs. Elaine is in the kitchen. “What was all the noise?” “The pot rack fell down, so I just stacked them on the counter.” Alan reminds Elaine, “Remember, I have a Valentine surprise for you. I’ll be home about 7:00.” They kiss good-bye.

Chapter 9

At the beach, Alan opened his eyes. A woman hands him a drink. He looks at the crinkled photograph of her. “This was my only picture of you. After she found it, she made it clear that I was going to pay for it and then she wadded it up and threw it in the trash.” “So, instead, you ingeniously made her pay” quipped the woman. “…Yes, I did, Diane. Yes, I did.”

Alan skims a sand dollar across the shallow waves. As though savoring its decent, it rocks back and forth through the crystal clear water gently gliding to a stop on the white sand just below the surface. Finally, it nestles right next to something shiny, something sparkling in the summer sun, something gold.

End

To see where the clues were, go to the "Cheat Sheet" to the left of this page.