“Donny?”
“Who are you?”
“I am Dale Kilgore. I would like to be your attorney.”
“I’ve seen you on television man. I would love to have you as an attorney, but there is no way in hell I could afford you.”
“Donny, you don’t have worry about it. I will take your case for free.”
“What do you mean you will do it for free? I don’t know any lawyer who ever done a good deed.”
“Donny, this story is a highly public affair. I will get paid indirectly by all the free publicity, and when I get you off, it will be worth millions to me. So, you are right. This is not a good deed. The question is do you want me to represent you?”
“Yes sir,” Donny said enthusiastically. He rose to his feet and thankfully shook the lawyer’s hand. “You’ve never lost a case I hear?” Donny had seen his commercials late at night.
Dale just smiled and said, “never,” which wasn’t the truth. He hadn’t lost a case in twenty years. The first few two or three years it seemed like he lost half of them until it dawned on him what it took to be a good attorney: you should only take cases that you can win.
“Now I won’t get the paperwork from the D.A. for a few days, so I need you to go through all the evidence that the police say they have against you. The first question I have is did you confess?”
“No way man. Why would I confess to something I didn’t do?”
“Good. Don’t answer anymore of their questions without talking to me first. What other evidence did the police say they have?”
“They say they have two witnesses who heard me yelling and screaming in the parking lot that I was going to kill Melanie.”
“When was this?”
“The day before the murder.”
“Did you say this?”
“Yes but …”
“What else?”
“That my shoes are the same brand and size eleven that were found all around the crime scene. They say they are testing them for Melanie’s blood on the bottom of one of the shoes.”
“Will the blood match Melanie’s?”
“There is no way.”
]
“Good.” Mr. Kilgore looked intensely at Donny, “we need to wait for the test results, but I just have to ask you the big question and you need to tell me the truth. Did you kill her?”
Donny just looked across the table at his lawyer.
“I will still get you a not guilty verdict, but I need to know everything so I can prepare a good defense.”
“I didn’t kill her. I mean, I was going to. We had a huge fight, and she broke up with me.”
Mr. Kilgore was studying this cat intensely. Almost all the criminals he defended were guilty and he knew it, and they all universally, without exception, swore about their innocence. The question in Mr. Kilgore’s mind is why is he admitting he wanted to kill her?
Donny continued, “I went to the Mechanicsville gun shop and bought a 22 caliber pistol. You know I heard they are the quietest gun, and they actually zigzag around in the brain.” Donny smiled with satisfaction of his gun knowledge.
“Go on.”
"So, it’s late at night.”
“What time?”
“It’s around midnight and I walked over to her house. i didn't drive because I didn't want anyone seeing my car. I think I got there around two am. I walked around to all the windows of the house just to make sure all the lights were out, and she was asleep. Then I went to the front door and put the key in that she gave me. I was being real quiet and all, but when I got into her room, I could tell something was wrong. It took a minute for my eyes to adjust to the darkness. When I could tell she was lying kind of weird position on the floor with part of her body leaning against the bed. I switched the light on. I screamed Mel, but I knew she was dead, so I ran out. I was shocked.”
“Why didn’t you call the police?”
“Because I had gone there to kill her myself!”
“You have to admit this makes you look guilty.”
“It does. I know.”
Donny looked confused and it dawned on Mr. Kilgore why he was so openly telling him this story. It was because it was made up. Donny had spent a lot of time thinking about it. It was very creative. Go buy a gun and then kill her with a bat. Unfortunately, a jury would never buy it. They would send him to the pits of hell with such a fabricated tale.
“You have to be smarter than that with me.”
“I admit it makes me look guilty, but it is the truth.”
Mr. Kilgore stood up, “we’ll be in touch after we get all the blood results from your shoes. Until then I don’t want you to talk to anyone.”
“I won’t. Do you still think you can get me out of here soon?”
“There is no doubt about it.”
He walked out of the jail and to his Bentley. As he was driving, he took out his cell phone and dialed. “Mr. Massey.”
“Mr. Kilgore. I hope you have some good news for me.”
“I do sir. He definitely did it. All the evidence is pointing right at him. He gave me some story about going there to kill her, but she was already dead. Do you believe that b.s.? I half ass wanted to believe it. I guess it was the defense attorney in me, but we have motive, opportunity and the police have evidence.”
“You will be well compensated for this Mr. Kilgore.”
“Yes sir, I know I will. I’ll talk to you later.”
“Wait?” “Do you think you can get him out on bail Mr. Kilgore?”
“I might. I don’t know, but why would I want to do that?”
“He ran once so he would probably run again. This makes him look guilty as hell even if he didn’t do it.”
Dale thought this sounded strange. He had just told him Donny had motive and opportunity. Then there is the fact that he admitted he went there to kill her. “You are right, but it is almost impossible to get bail in murder cases. On the other hand, if they are still looking at you, and have not officially charged him, I can probably get him out.”
“I want him out.”
“I’ll see what I can do.”
“I also have a plan. This could be the icing on the cake to get Donny convicted. Melanie was a friend of my daughter after all, and I feel an obligation to work with the police to get this lowlife sentenced to life or even death.”
“This was b.s. coming out of Mr. Massey’s mouth and Dale knew it. “What is your plan?”
Mr. Massey went on to explain it to Mr. Kilgore.
“I think it might work. I’ll have to look into some case law and then I’ll get back at you.”
“Make it soon.”
“Yes sir.”
Mr. Massey was sitting there looking down at his hand and drink. When the phone rang it was his lawyer Tom Allen.
“Mr. Massey. The police are asking where you are. They say they want to talk to you so they can apologize.”
“We know that’s not true.”
“The evidence against Donny is mounting, but there is still the question of Maureen Baker and her daughter. Kay has left Roger and he is suicidal. Our sources have informed me that she told the police what Mrs. Baker had said.”
“I thought you said there was rape, and a child was killed as well.”
“The child is alive, although barely.”
“This is crazy. I would never ever rape anyone or kill a child. The police must be looking for a scapegoat or something. They are always trying to charge me with something.”
Mr. Allen wasn’t saying anything, and the silence was pissing Mr. Massey off.
“Why aren’t you saying anything Mr. Allen? I sure as hell hope you don’t believe them?”
Mr. Allen didn’t say anything.
“Hello. Do you talk? Tom?”
“Yes.”
“I want to babysit your kids?”
“What are you talking about?”
“You heard me? I want to baby sit your kids?”
“My kids don’t need a babysitter. They stay home with their mother.”
“You think I killed a child, don’t you?”
“I don’t think that sir,” he said slowly, swallowing afterwards.
“Come on. How about I take them out to a football game or something?”
“Sir, my wife would never allow it.”
“Oh, your wife would never allow it,” he responded sarcastically.
“I guess your wife has bigger cahonas than you.” Mr. Massey was trying to egg him on. “I want to ask you a question. Who is worse, the criminals or the defense attorneys who get them off? Answer me?”
“I don’t think either is worse.”
“What do you think society thinks? I guess I don’t need to remind you that there are a lot of jokes out there about lawyers?”
“You don’t have to remind me. I know.”
“Some people think the lawyers are just as bad as the people they defend. So next time you are chatting with your wife, I want you to remind her that you have represented me a lot, and if she thinks I am guilty then you are guilty too.” There was silence. “You keep sending me information, got it?”
“Yes, I will. I think you should come back into the country. It’s just a matter of time before they find out where you are.”
“There you go giving me advice when you shouldn’t. I’ll be back into the country soon.” He put the phone receiver into his left hand and kept tightening and loosening his fists.
-------------------------------------
Ben Watson, an F.B.I. Profiler from Quantico Virginia walked into the D.A.’s office.
“Ben,” said Bill Stein, the District Attorney.
“Bill.” “This is detectives Chanello and Mangino. Ben shook each of their hands in turn. “Ben I hear you are the best in the business,” said detective Chanello.
“I don’t want to be proud. I am the second best.” They laughed. “Bill Bradley started the database and interviewed convicted murderers years ago. I am only trying to humbly follow in his footsteps.”
“Which brings us to why you are here. We are trying to figure out if we should bring charges against Donny for the murder of Melanie, and, to figure out if the two crimes are related,” said the D.A. Bill Stein.
Ben spoke up, “If we figure the same person committed both crimes, then we would not charge Donny because we know he didn’t commit the second one, since he was in jail.”
“Yeah, unless he escaped for the night and then returned,” quipped Chanello.
“I really believe Donny committed this crime. We got the blood evidence back on the shoe and it matched Melanie’s,” said Jim.
“It was only a small amount. They had been dating for a long time and they have practically lived in the same apartment for four years. He very possibly could have gotten one speck on it during that time.”
“Anything is possible, but we also have a motive and two witnesses saying they heard him say he was going to kill her.” Chanello started getting fidgety and was quickly losing respect for Ben Watson‘s profiling ability.
“How did the killer get into her apartment?”
“There was a screen around back that he jimmied open.”
“Donny had a key. He could have come in the door.”
“He could have done that. Or, he could have figured somebody might have seen him, and he would be smart enough to cut the screen or pry it open so that the killing looked random.”
“How about the other killings? Are they related to this one,” asked the D.A.?
“They could be,” said Ben Watson.
Detective Chanello spoke up, “I don’t understand that. One was a simple killing of a nice woman while the other was a rape and killing of a mother and daughter. It seems to me the two crimes are very different.”
“I see what you mean detective,” said Ben Watson. “You have to consider one other possible scenario. The person who came into Melanie’s apartment could have come in with the full intent to rape her.”
“And what he got a change of plans when he saw her. Maybe she wasn’t his type,” Chanello said sarcastically.
“No detective. Melanie was found in the hallway like she had just walked out of the bathroom heading for her bedroom.”
“Right,” said detective Mangino as she was trying to figure out where he was going with this.
“He popped her over the head with a bat.”
“Correct.”
“I think he did not mean to kill her with this blow but did. While some rapists don’t mind having sex with a dead body, most don’t want their victims dead until after the fact.”
Detective Chanello and Mangino looked at each other. It sounded plausible to Kate but not Jim.
“It seems that we are ignoring evidence that is pointing right in our face.”
“I am just giving you advice based on the evidence we have. Donny may have killed Melanie, and someone else may have killed Mrs. Baker, but there are many linkages between the two crimes. It's possible Donny may not have killed Melanie, and the same person could have killed them both, whoever that animal may be. There were dog hairs found at both crime scenes consistent with a black Labrador retriever. When Mrs. Baker’s daughter came out of the coma…”
“She came out of it,” Mangino asked enthusiastically? “When did this happen?”
“And more importantly why weren’t we notified,” asked Chanello?
“I am not here to notify you. You have to keep on top of that yourself. I am here to help and when you asked for my advice, I read all the reports and went to all the crime scenes and talked to all the witnesses. When I stopped by to take a look at our witness she had just gotten out of the coma. The doctor let me ask her a few questions, and this is what I was trying to tell you, is that the killer told her that he has a black Labrador retriever that pees on itself.”
Detective Mangino got tears in her eyes, “I can’t believe he made her pee on herself.”
“I can’t believe he raped them and killed Maureen either,” said Jim.
“There is one more thing that makes me think we should not be so quick to charge Donny. Look at this picture. The killer made several steps over Melanie’s body. You can see several footprints in the blood. So why would there be only a small speck of blood on Donny’s shoe?”
“Maybe he wiped the blood off,” Chanello said like the answer was obvious. When he first met Ben, he had admiration for the man which was quickly dissipating to a lack of respect.
“According to our experts there should still be more blood on the bottom of the shoes, especially in the crevices. As you know there is usually more blood than meets the eye. We took a Luma Light to it but still found no more than the one speck. It is possible to have gotten almost all of it off with a hose, but it is still a question we have to consider.
“It seems like we are going in circles again. This is the second time you said something has to be one way, and then you say it is possible it is the other way.
Ben Watson was patiently waiting for Chanello to finish, not wanting to interrupt him the way he had done to him. After Chanello finished he spoke. “What about the fact that these two women called child protective services and wound up dead,” asked Ben?
Chanello kept talking, “If we believe Mr. Massey is the killer, it’s not how did Mr. Massey know these two women called Child Protective Services and then they wound up dead. Mr. Massey got into some kind of spat with Melanie at his party over his son Jay, and then killed her or had her killed. As far as Maureen Baker is concerned, he killed her after Kay Massey told him what Maureen said to her about her conversation with his son. And this is how he got a motive to kill her. It was something that his dad said about no woman was allowed to touch him.” Both these women could be dead because they know Mr. Massey is emotionally abusing his son.
Ben spoke up. “I didn’t know at first you had spoken to Kay, so I thought it could not be a coincidence that they had both called Child Protective Services before their murders. What I am trying to tell you detectives is that we had Sonia’s phones traced and she had called Mr. Massey a couple of times after Maureen had left her a message.”
“What does this mean,” asked Chanello?
“It’s her duty to get a statement from him. Just because someone accuses another of abuse toward a child doesn’t mean you can take their little one away immediately," said Mangino.
“I know,” said the D.A., “but she called him from her home phone at eleven o’clock at night.”
"What should we do about it?”
“We’ll have to call her in for questioning. I don’t think we should assume anything until we give her a chance to explain herself.”
“You don’t think…” Mangino took a slow swallow, “that she had anything to do with these murders?”
“I doubt it, but we can’t completely rule out the fact that the two women who called her about Mr. Massey died shortly after calling her office. She could be Mr. Massey’s accomplice.”
“That’s crazy,” said Detective Mangino. She knew damn well she would not have been a party to a brutal rape and murder of a woman and her daughter. But she couldn’t help to wonder if Sonia underestimated Mr. Massey. If he did commit the crimes, it was over his son.
“Are we going to take Mr. Massey’s son away from him?”
The D.A. spoke up, “We are. The judge approved it before this meeting.”
The thought sent terror through Kate’s mind. If Mr. Massey was willing to kill two women for saying he was a bad father, what would he do when they actually took his son?
“Are we going to let Donny go,” asked detective Chanello.
“Yes, but I want him followed,” said the D.A., Bill Stein.
“I hope you guys know what the hell you are doing,” said the detective. “I don’t think we should let him go and we still need to talk about Marco. This cat is a real fruitcake.”
“I know. We have a lot of strange things going on with him.”
“He could be the most dangerous of all our suspects?”
“You need to keep investigating him. All I can say is he is a strong suspect too. He is the most likely one if we believe both were killed by the same person. We just don’t know his connection to Maureen Baker. He theoretically could profile for both of the crimes. Or it could be a random serial killer who attacked Maureen and Christie. You two need to keep investigating him and send me the information as quickly as possible.”
Mangino spoke up, “Meanwhile we will watch him day and night. Who knows what else he could be planning?”
The meeting ended. Everyone was as confused as hell. The detectives walked to their car.
“It seems like we are losing our grip about these murders,” said Chanello.
“We have to be patient and let the facts guide us.”
“And where are the facts guiding you,” asked Chanello?
“I think the two crimes are related.”
“So you think Mr. Massey, or Marco, or another serial killer killed them both and raped Christie.”
“I don't know about Marco or another serial killer, but Mr. Massey seems to love his son and hates women." I doubt if Mr. Masssey did it. He probably sent his henchmen. Maybe two different one’s which is why the crime scene’s seem so different."
Unless it’s Marco. He’s crazy as hell. Or some faceless man who we have no idea who it is?”
“Hopefully, after taking Mr. Massey’s son we’ll know more. Or, if he isn’t the killer, we could piss him off to where he wants to kill.”
“I know. That scares me, too.”
Were they opening up a can of worms? Only time would tell. They were walking along, not saying anything. Each had their own theory going full circle in their minds. When they were about to exit the building, Detective Mangino stopped. “What is it? I can tell something is on your mind that you want to say.”
“I just don’t know if I believe Mr. Massey is a child killer. All this seems to be about how he loves his child, so why would he hurt someone else’s?”
“I hear you. Mr. Massey probably isn’t, but one of his cronies might do it.”
“That’s true.” Kate said this as Donny was walking out, a free man.
“I wouldn’t get too used to being free, Donny,” said Detective Chanello.
Donny strutted directly up to the detectives.
“I can tell you haven’t heard, but I have gotten a new attorney. Maybe the name Dale Kilgore rings a bell. He told me yesterday that I would be out today, and here I am.”
“You might have fooled everybody else, but I am not going to fall for all of this crap. I know you killed Melanie and I am going to convince my colleagues of this. I guarantee I will have you back in jail by the end of the week,” said Chanello.
“You know what, I don’t really give a crap. If you put me in jail, my lawyer will get me a not guilty verdict, and then you won’t have shit.”
“You forget one thing, Donny. It will take two years for that. Meanwhile, your ass will rot away in prison for that time. There ain’t no way that judge will let you out on bail once we formally charge you. So just remember one thing,” said detective Chanello as he got right up in Donny’s face, “Your ass is mine.”
Donny walked away a dozen steps and then turned around and pointed his finger at detective Chanello.
“You remember one thing; I am innocent!”
“I’ve never heard that before,” Chanello said sarcastically.
As Chanello and Mangino watched Donny leave he said, “we’ve got to figure out who the killer so we can get and keep the right person behind bars.”
“We’ll get him soon. I can feel it. I gotta get home.” As she was walking away she asked, “are you still coming over tomorrow?”
“I’ll be there around noon,” Chanello said with a smile.
“I can’t wait,” Mangino responded flirtatiously.