Not Guilty Part 8

Stratton was unruffled. "I have a point I'd like to make, Counselor."

"Well, make it, and let's get this over with," Lucas snapped.

"Did your dad let you play with his gun, Dylan?"

Dylan looked offended. "No. Of course not."

"Did you even know he had a gun?"

Dylan hesitated. "No."

"You're sure about that?" said Phil. "You never saw that gun before?"

"No. I said no," Dylan insisted.

"And that day, when you 'found' your father . . . where did you find the gun?"

"I didn't!" Dylan cried. "I just saw him lying there, and I went and hid in the closet."

"That's strange," said Phil.

"What's strange about it?" Keely demanded, before Lucas could tell her to stop. "He was a nine-year-old boy. He was frightened."

The detective ignored her and stared at Dylan. "I say strange, Dylan, because your fingerprints were all over that gun. Now how could that be if you never touched it?"

9.

Keely felt as if the room was tilting. She heard Lucas shouting at Phil Stratton, but her attention was focused on Dylan, whose complexion had turned ashen. He did not return her gaze. Then, slowly, she turned back to the detective and regarded him with wrath. "That's not true," she said.

Stratton looked at her steadily. "So you're taking the position that you didn't know about this?"

"I'm taking the position that it's a lie," she said.

"Oh, it is most certainly a fact, Mrs. Weaver," he said. "There's no need to pretend you didn't know it."

"You're making it up," Keely insisted.

"I'm afraid not," he said. "It's a matter of record."

"Record where?" Keely demanded.

"The Ann Arbor Police Department."

"No. Someone would have told me."

"Your husband knew-Mark Weaver. He knew."

"He didn't. He would've-"

"Stop, stop," said Dylan. "Okay."

All the adults turned to look at him.

"Okay," said Dylan. "I guess I . . . I think I picked it up."

"You think?" Lucas asked.

"I did. I picked it up."

"Oh my G.o.d, Dylan!" Keely cried. Her mind flashed back to that terrible day. To Richard, sprawled out in blood, and Dylan, in the closet. Now she was forced to visualize Dylan, nine years old and mesmerized by the sight of a loaded gun. Approaching it, picking it up, staring down the barrel. "You could have been killed."

"Tell us about it, Dylan," said Phil Stratton.

"Wait just a minute," said Lucas angrily. He leaned over and clapped one hand on Dylan's shoulder. He began whispering urgently in his ear. The boy listened, nodding slightly. Then Dylan shook his head sharply.

Lucas sighed. "All right," he said. "Proceed."

Dylan sighed and hunched over the table, staring at his pale knuckles, one hand clenched over the other. "When I came in the room and I saw my dad on the floor, I didn't know . . . The . . . gun was on the floor beside him. I . . . I'd never seen a real gun. I crouched down to look at it, and then I picked it up. I could smell this funny, sickening smell off of it. And then I think I realized . . . you know. So I put it back down."

"A perfectly normal thing for a nine-year-old boy to do," said Lucas.

Stratton nodded. "Perfectly normal. That's what the police in Ann Arbor thought. The child was found in the room with his father's body. That's exactly what they thought had happened."

"So why are we dredging this up now?" Keely cried. "Haven't we suffered enough to suit you?"

"That was before your second husband died in a suspicious accident," said the detective.

"It wasn't suspicious. He drowned. He couldn't swim," Keely shouted. "What is there to be suspicious of?"

"Well, for starters, Mrs. Weaver, I'm a little suspicious of you."

Keely sat back, stunned.

"Let's see. You came home one day and found your first husband dead and your son Dylan here holding a murder weapon."

"He wasn't!" Keely cried.

Lucas shook his head.

"A tragic accident, you told yourself, the first time. You spun some kind of story around it to protect your son. What else would a mother do? At first you told the police it was probably suicide. Headaches and all that. Then, when Mark Weaver got involved and you wanted the insurance money, you started talking about an intruder in the neighborhood, and how your husband bought a gun to protect the family. Afterall, it could have happened like that. But when your second husband died 'accidentally,' when it happened a second time, weren't you just a little bit concerned that your son's role in all this was not merely coincidental?"

"All right, that's enough," said Lucas. "You're making wild accusations based on nothing. You're spinning these preposterous theories out of this family's bitter misfortune. Keely, Dylan, come on. We're leaving."

Stratton looked at Dylan coolly. "You wanted him dead, didn't you, Dylan?"

"Dylan," said Lucas sharply, "come. Don't say another word to him. Phil, we've tried to be cooperative. But don't think for one minute that I don't know where this is coming from. I am surprised at you, Phil. I thought you were your own man." Lucas swung his briefcase off the table and pointed a finger at the detective. "She's using you, Phil. Did you ever hear the saying 'h.e.l.l hath no fury like a woman scorned'? She has an agenda, and you're just a tool in it. There's nothing to this but smoke and mirrors and one woman's vendetta. There's no case here."

The detective's face reddened. But if Lucas's remark had hit home, it didn't show in his voice. "We'll see," he said. "That's what they said about Frederick Yates."

"No," said Lucas. "We're not going to see anything. This is hara.s.sment, plain and simple. Maureen Chase has ordered you to hara.s.s these people because she is a bitter and disappointed woman. She may be the district attorney in this county, but I promise you, I will go over her head if you keep this up. Let's go," Lucas commanded.

Phil Stratton remained seated as Dylan stumbled toward the door, supported by his mother. Lieutenant Nolte opened the door for them. Keely burst out of the courthouse and gulped in the air as if she had been underwater. Dylan s.h.i.+vered in his jacket, though the afternoon was not cold. Keely looked sorrowfully at her son. "Oh, Dylan," she said. "I'm so sorry you had to go through that. What that man said, I don't want you to even think about."

"I'm getting in the car," he said. He did not look at her. He walked over to the Bronco, climbed in, and slammed the door.

Keely turned and waited for Lucas, who was speaking to people he knew as he made his way to the door. He came out frowning and walked over to where Keely stood.

"Lucas," she said, "why would she do this?" Keely cried. "Even if she was jealous, or, angry at me for marrying Mark. To take it out on Dylan . . . on a child . . ."

Lucas shook his head. "It's cruel," he said. "I agree. But don't let them get to you. It'll all die down soon. They haven't got anything to go on. Even if Dylan did wish Mark ill, leaving a gate unlocked is not a crime."

Keely nodded, but for a moment she remembered that gate, gaping open, the look on Dylan's face, her own anger at him. "That's what he meant by reckless endangerment," she said.

"It's hara.s.sment," Lucas sputtered. "Maureen Chase knows perfectly well that this charge cannot be applied to a child for leaving a gate open. It's absurd."

"But the business about Richard's gun," Keely persisted. "I was shocked. How could the police have known about that?"

A worried expression crossed Lucas's face, and Keely noticed it. "What?" she demanded.

Lucas shrugged. "Probably a lucky guess. Maybe they checked back. It doesn't mean anything. It's exactly as the police thought then. Something a nine-year-old might be very likely to do-pick up the gun and examine it. Stratton is right about one thing, though: Mark must have known about it. He had access to all those records. He might have told Maureen about the fingerprints a long time ago. I mean, they were still engaged when all that happened."

"He told her but not me," Keely said dully.

"Don't look at it that way," said Lucas. "He might just have wanted to s.h.i.+eld you. He had no way of knowing . . ." Lucas sighed. "He never told me about it either . . ."

Keely's eyes were stinging, but she stuck her chin out indignantly. She could see Dylan from where they stood. He was sitting in the frontpa.s.senger seat, staring blankly through the winds.h.i.+eld of the SUV. Keely said, "I'm going to speak to her. I can't let her do this to my boy. He feels bad enough . . ."

"Don't. Keely, I'm here to advise you, and my advice is, just don't. Just sit tight, and it will all blow over. They don't have anything concrete. The only reason it's even come to this is because she's got a vendetta going, and Phil Stratton is an eager beaver investigator who likes to get his name in the papers. Still, they can't make a case here out of nothing. Don't let them know they're getting to you. That's exactly what Maureen Chase wants. Don't give it to her. Just sit tight."

Keely nodded but continued to study her son's immobile profile through the car window. She could still see traces of the innocent toddler in the shape of his nose and his lips. Of course, to the rest of the world, he appeared to be nothing more than a surly adolescent, a skinhead with an earring. She closed her eyes. "Who is Frederick Yates, Lucas? Stratton mentioned him twice this afternoon."

Lucas grimaced, and Keely immediately felt fearful. "It's not the same thing," said Lucas.

"Tell me," said Keely. "I need to know what I'm up against."

Lucas sighed. "Phil loves to remind people of that case. Frederick Yates was an unemployed welder who lived with his girlfriend and her three-year-old daughter. One day, the child plunged to her death from the window of their fourth-story apartment while he was baby-sitting her. He claimed she climbed up and fell out the window while his back was turned. Maureen Chase was an a.s.sistant DA at the time. Her boss, the county prosecutor, wanted to sign off on the case. He told her to forget about it. But she pegged Yates for a liar from the get-go."

"What has that got to do with us?" Keely cried.

"Nothing really," said Lucas. "Just that Maureen believed it was a homicide, but with a 'nonvisible' cause. I mean, the child died from the fall out the window. There was no question about that. The question was, how did she fall out the window?"

"What happened?" Keely asked.

Lucas frowned. "As I recall, Yates refused to take a polygraph, andthey had no evidence, no witnesses. Phil was on the force at the time, but he was in agreement with Maureen. Together they kept the pressure on Yates, but he stuck to his story. Then, one day, Stratton brought in all these official-looking lab types and they spent the day in the apartment taking measurements and all-"

"They were doing that at my pool!" Keely exclaimed.

"Hmmm . . ."

"So they took all these measurements . . ."

"Well, the measurements themselves didn't prove anything," Lucas said. "But Phil used them to concoct this official-looking table that claimed to prove it would have been physically impossible for the child to reach the windowsill in the way Yates claimed she did. Yates finally broke down and confessed to throwing the child out the window in a rage over a bed-wetting incident."

"Oh my G.o.d," said Keely. "What a monster."

"Maureen put him away for life."

"He deserved it," she said vehemently.

"True. It made her career. She unseated her boss in the next election. Became the youngest prosecutor in the history of Profit County. Not to mention the first woman."

"And now, Phil Stratton is equating my son to Frederick Yates?"

Lucas put a hand on her arm. "Keely, take it easy. That isn't going to happen here. I'm just warning you, if Phil starts coming around with graphs, pay no attention to them and call me. I'm sorry, Keely-I've got to go."

"Lucas, thank you for everything. For coming down here."

"I was glad to do it. Are you all right to drive?"

"I'll manage," she said.I'll have to,she thought. She didn't know what she was going to say to Dylan. This whole thing was like another phase of a nightmare that never seemed to end. Slowly, she walked over to her parked SUV and climbed into the driver's seat. She turned on the engine and looked over at her son.

"Are you okay?" she asked.

"Fine," he said.

"That was terrible," she said.

Dylan did not reply.

"Honey, I was just talking to Lucas. He thinks the reason they are picking on us is . . . personal. It has to do with the district attorney's relations.h.i.+p with Mark. They're just trying to dig up anything to make our lives miserable."

Instead of answering, Dylan reached over and switched on the radio to the heavy-metal station he favored.

"Dylan, turn that off," said Keely. "I'm talking to you."

"I want to listen to it," he said.

"Look, just because we are being hounded unfairly doesn't mean its not serious."

Dylan squinted out the SUV window, drumming on his thighs with his index fingers.