The Yoshinobu Mysteries: Volume 2 Page 8

  Hank was skeptical. Captain Pascual was nervous about having the automatic out of the bag and said as much.

  “Thats OK, Captain,” Dina said, hearing him voice his concern. “Just take it out at the last minute. Ill go get the message cards and a bucket of fish.”

  Hank and Corky looked inquiringly at Captain Pascual. “She can do it if she says she can,” the Captain said with conviction.

  The cards were heavy, foot-square pieces of plastic with a large symbol on each. Dina flipped through them and held up one imprinted with a five pointed star overlaying a circle. “This says, „Take it back to where you got it.” Leaning over the pool, she said, “Give me the gun after Im in the water, then hold the card so Alice can see it.”

  Hank removed the clip from the automatic, carefully emptied out the five rounds he found there into a separate plastic bag, and handed the gun to Dina who reached up for it from the pool. He was convinced that, after its stay on the muddy bottom of the pool and its mauling by the dolphins, the gun would have no fingerprints even had the gunman been careless. He also knew even careful killers sometimes forgot and left prints on shells or clips when loading a gun.

  Corky held the card facing in the direction of the six dolphins who came cascading toward them. Alice jumped halfway out of the water, snatched the automatic out of Dinas outstretched hand, and disappeared under the surface with the trainer in pursuit. In a few moments, Dina surfaced with the automatic some sixty feet from them at the edge of the pool right next to an exit from the hotel. Hank had already assumed that spot in the pool would have been the most likely place for a gunman to have disposed of the gun in a hurry.

  “Give Alice a fish when she comes back,” Dina called. “She can get stubborn if she doesnt get payment for her performance.” The grinning dolphin broke the surface right in front of Corky, caught the fish, and flipped over backwards in exuberant appreciation of the reward.

  “Well, thank you Alice,” Hank said.

  ***

  The smile came as a surprise. Of all the people in the office, Leilani was the last one Ken expected would be friendly to him after what had happened at the Malalani. “Laura called. She said to tell you to wait for her outside Courtroom A. She may be a

  while. Judge Wong wanted to see her after the court session.”

  It was a quarter after twelve before Laura emerged. She looked anxiously at Kens

  face. Reacting to her look, he tried to smile. “Maybe theres good news,” he said.

  “Lieutenant DeMello caught me just as I was leaving my room. He wants me to come to

  the station to see if I can identify a gun they found at the hotel. He thinks its the one used

  to kill Clayton. I told him I was on the way to your office, and he said to bring you

  along.”

  Laura grimaced. “I can see why youre not enthusiastic. Even if you say youve

  never seen it before, Hank cant just take your word for it. Except that, if it is the gun,

  maybe they can trace it to its owner. Actually, any additional evidence they uncover

  should work in your favor.”

  “I suppose,” Ken said with no greater enthusiasm, though smiling somewhat more

  genuinely this time. He added, “Even if it doesnt improve my position, at least I cant be

  any worse off.”

  Thinking about the situation for a moment, he went on, “Looking at it from the

  lieutenants viewpoint, finding the gun abandoned almost for sure means it wasnt a

  robbery attempt.” Ken was again sounding increasingly glum as he spoke these thoughts

  aloud.

  Laura was annoyed at Kens confused mixture of illogic and pessimism.

  “Ridiculous! Sure, a holdup man might want to keep his gun, but not if hed actually

  killed someone. In which case, hed do just what the murderer did. Get rid of it, fast.” The wan smile returned to Kens face. “I am getting muddled. I hope you dont think

  Im always this way.”

  Lauras voice softened. “Youve got reason to be.” She reached over to him and

  pressed his hand. “Lets go,” she added. Corky had gone to lunch, and Hank had just

  finished a couple of sandwiches when Laura and Ken arrived. He waved them to a chair

  and pulled a plastic bag out of the desk drawer. Emptying the contents on the desk, he

  asked Ken, “Ever seen this before?”

  Laura had been looking at the gun when she suddenly became aware of the silence.

  Turning toward Ken, she could not believe how white his face had gotten. Ken nodded.

  Hank said nothing.

  When he finally spoke, the strain in Kens voice was obvious. “Im almost positive

  its mine.”

  ***

  “What more do you need, Emil?” Hank asked the prosecuting attorney. The tall, Mediterranean-looking Emil Bautista had been prosecuting attorney for

  little more than a year. While Hank liked him, he felt Emil was far too cautious in the exercise of his powers. Today, Hank was convinced Emil was being not only too cautious, but was also being deliberately obtuse.

  “He had plenty of motive,” Hank continued.“Millions of dollars worth. He had an

  argument with the victim in front of witnesses. He admits to being in the same room with Heinicke within minutes of the murder. So far as we know,theres no one else on Elima who even knew the victim. Theres no indication robbery was a motive. Besides, weve established this is Coles gun. The serial number checks out, and it is the gun that killed Heinicke. It sure looks to me as though we've got all we need? What else could you possibly want?”

  The slightest of smiles appeared on Emils face. “If its all so cut and dried, Hank, how come you didnt arrest him when he identified the gun?” He leafed through the police report as he spoke.

  “ I couldnt be sure it was his gun. I had to check out the numbers.”

  “Are you certain you arent just trying to parcel out responsibility?”

  “Hell! Of course I am. Whats wrong with that?”

  “There arent any fingerprints on the shells or the clip, I see,” the prosecutor said as

  he glanced through the report. “How about the silencer? Did he own that?” “He denies its his, and Id expect that. Silencers are illegal, and they certainly arent

  registered. Theres no way we could prove he was lying about that. The gun would have

  been easy to trace. He just admitted to what he knew we could find out anyway.” “Have you looked for any witnesses who might have seen him leaving 333–or going

  back in alone?”

  “Weve looked. Shit, Emil! If we could get convictions only when weve got

  witnesses, wed have to throw out ninety percent of the charges we make. How many

  burglars are seen at the scene of the burglary?”

  Grudgingly, Emil nodded. He knew Hank was probably suspecting his reluctance to

  prosecute sprang from his own earlier relationship with Laura. On the other hand, I dont

  want to be stampeded into this because of it, either, Emil decided.

  “Do you have any other suspects?”

  “Absolutely none. No sign of theft. Heinicke didnt meet anyone we know of except

  hotel employees. He was on the island for about twenty-four hours and, like I said,

  theres no indication he knew anyone on Elima besides Cole. So far as we know, he never

  even left the hotel after he checked in. Even Cole admits the whole purpose of Heinickes

  visit was to see him.”

  “If we charge him, are you going to stop there, or are you going to keep looking for

  some other possibles?”

  Hank laughed. “Cole is now an official client of Smith, Chu, Yoshinobu and Correa.

  Do you think theyre going to leave a stone unturned in trying to prove hes innocent.” Emil grinned back. “Youve got a point. Maybe thats whats holding me back. Kay
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  is a whole privateeye agency all by herself, and youve seen Sid perform in court. He

  could get Jack The Ripper off.”

  “Well?”

  “OK. Well go in and see Judge Wong to get a warrant. Do you really think Cole did

  it?”

  “No question about it.”

  Chapter 12

  It was a feeling of complete emptiness. If she had had to describe it to a doctor, she would have said it felt as though the bottom of her stomach had dropped out. It happened when Ken recognized the gun. The feeling was still with her while she was sitting in the conference room with Qual, Ken and Kay an hour later.

  Laura could see even Qual was shaken. “Lets start at the beginning,” he said to Ken. “Where did you get the gun in the first place? When did you see it last? Who do you think might have taken it?”

  It was not only the feeling of emptiness in the pit of her stomach. There was something else. As Laura listened to Ken talk, and watched him while he did so, something gnawed at the edge of her consciousness. In a few moments, the creature had made a jagged hole and pulled itself up, still not in full view, but high up enough to be recognized. The odd little beast was Doubt.

  “ The gun belonged to my father. He was in World War Two, and I think he picked it up about then. About all I know about it beyond what I've already told you is its a foreign make of some kind. I have no idea where he got it, and I never saw him fire it. It was in the belongings my mother sent to me after Dad died. I didnt think much about it. I knew nothing about guns beyond shooting one of those rifles at a carnival when I was a kid. I did have sense enough to register it. Though now Im beginning to wonder if it was good sense to do that.”

  “ Did you ever fire it?”

  “Yes, once, about six or seven years ago. A bunch of fellows at work used to do target shooting, and when I told them about this old gun, they got curious. So I showed up at the range with it one day. They informed me in no uncertain terms it wasnt a target pistol, but everyone wanted to try it, including me. It almost knocked me over when I fired it, which was the one and only time I ever did.”

  “What did you do with it?”

  “Ruth was pregnant at the time, and I had other things to think about. Id heard about kids and guns, so I packed this thing away. I didnt have any shells left for it, so I wasnt much worried. Then I just forgot about it.”

  “What happened to it?”

  “I dont know, what with all the moving and packing. I still have boxes and cartons in my apartment in San Jose I havent opened.”

  It was at this point the creatures teeth began to show through the hole. Kens being evasive, Laura thought.

  “Who knew you had the gun?”

  “The fellows I worked with, certainly the ones who did target practice.”

  “Clayton Heinicke?”

  “Uhuh. He didnt work there, and I had no reason to tell him about it.”

  “Saul Epstein?”

  “Nope. I didnt even know him at the time.”

  “Pat Crosby.”

  Ken hesitated. “He was one of the team who did target practice.”

  Laura pushed the creature back down the hole. Hes covering for Pat, she thought.

  “Anyone else?”

  “I dont see how.”

  “Your ex-wife.”

  “Definitely not.”

  Sharp canines tore the hole open even wider. Is he covering for Pat or is he trying to cast suspicion on him? Whatever else hes doing, hes definitely hiding something.

  Kay had been leaning back in her chair, with her fingers interlaced, watching Kens face as he answered the questions. She had him again go through his encounter with Clayton at the hotel. Something in Kays pose and expression reminded Laura of Corky sitting in Hanks office. It was then it struck her with full force. Kens description of what had happened on Saturday evening was a carbon copy of his first account here at the office and of his two accounts at the station. The story was much too perfect in its retelling. Corky had caught it. Kay was catching it too.

  The whole face broke through the hole. The creature braced itself on the torn edge and started to pull itself up and out. It was especially ugly.

  *** “Its got to be murder -one, Laura. Im sorry.” The familiar voice over the phone sounded genuinely pained.

  “How can you be sure its premeditated?” she asked, knowing her voice sounded equally pained and knowing the answer to her question before she asked it.

  “Pretty tough to think otherwise,” Emil answered. “A gun with a silencer isnt exactly a hunting rifle one happens to be carrying in the rack in a pickup.”

  “Can we set up the arraignment right away?”

  “Yes. Ive checked with Judge Raines. Get him in here for the two-thirty session. Hank will book him then.”

  “Bail?”

  “Ive talked to her about that. Shes not happy about the fact his home is in California. If you can guarantee he doesnt have a record, shell grant bail. Unless you have some awfully good argument, it will be a hundred thousand, and hell be restricted to the island while awaiting trial. Maybe wear a bracelet. Thats the best I can do. Just be glad it isnt Judge Wong. He was supposed to be the one handling the case, but he had to go to Honolulu.”

  “Ken doesnt have a record. I checked with Hank. Im sure Kens clean. Theres nothing thats gotten into the national files, anyway.”

  Laura wondered why she had added the disclaimer, then decided it would be best not to wonder.

  *** Almost immediately after turning off the highway and starting up Ridge Trail, the dry, brown vegetation of the coast began showing hints of green. The scattered kiawe gave way to thicker and thicker patches of eucalyptus and ironwood. The still, warm air began to cool as they moved up to the level where the trades were blowing.

  “Hes definitely lying,” Kay said, after a long period of silence. Sid, who had been driving the car on their way home from work, had been lost in his own thoughts. While still groping his way through a murky point of law he had encountered in the forgery case he was handling, he asked, absently, “Whos lying?

  “Ken.” “Well, the problems easy enough to resolve. Tell him you wont lift a hand to defend him unless he levels with you.”

  “You know I cant do that.”

  “Why not?”

  “I promised Laura Id handle the case, when she told me she was too emotionally involved to do it justice. I cant go threatening to back out now.”

  “Well, work on her. Make her twist the screws.”

  “I dont know whether or not she can do it. Shes in bad shape. I cant help but be sympathetic, because I can remember a time when I felt the same way.”

  Sid grinned. “Was it the way you felt about me?”

  “Why Sid,” Kay replied with an expressionless face, “I have to admit I wasnt thinking about you at all.”

  *** Neither of them had felt much like eating, but they had gone through the motions. The Prince Kalanianaole had never been especially noted for its food. In this instance it mattered little.

  “ Still Dutch,” Laura said, as Ken automatically reached for the check which the waiter had placed at his end of the table.

  Ken smiled and pushed the change tray containing the check along the edge of the table until it was half way between them.

  “The prosecutor seems to be a nice guy,” Ken said.

  Laura smiled. “Emils all right. Im sure hell be fair. Hes a brand new bridegroom, too. Maybe it will make him even mellower than usual.”

  “You know him well?”

  “Some.”

  “Its pretty obvious he admires you.”

  “Really? You deduced his admiration during the five minute arraignment?”

  “Yes. It makes me wonder about you. So far, everyone Ive met either likes you or admires you or just generally thinks youre great. It even includes Judge Raines. Youre beginning to look too good to be true.”

  Laura broke into a peal of laughter. “Thats exactly what I said
to Kay about you.”

  “Did she comment?”

  “Yes. She felt you probably were too good to be true.”

  “I can see in your eyes youre beginning to feel the same way too.”

  Laura said nothing.

  “I told you before there are some shadowy things in my past I cant tell you about.”

  Laura took a deep breath. “Look! This is different, Ken. Youre a client. Im your attorney. The only way I can do a decent job of representing you is if I know all the relevant facts. After all, you wouldnt expect a doctor to be able to treat you adequately if you were hiding symptoms from him.”

  “It seems to me it wasnt so long ago that I was the one giving you a lecture. Now the tables are turned.”

  “Youre being evasive.”

  Ken sighed.“I guess Id never be a good poker player. Yes, Im being evasive. There are some things I just cant tell you.”

  “Do you realize Hawaii now has capital punishment. If youre convicted you could be executed. If not execution, you could get life imprisonment, which could be even worse as far as Im concerned.”

  “As far as Im concerned it would be worse.”

  “If the chips are down, and it comes to an almost certain conviction, will you tell me then?”

  Ken shrugged. “I dont know. How can you ever tell what youre going to do if it becomes a matter of life and death? All I can tell you right now is I didnt kill Clayton.”

  Lauras face held a faint trace of a smile. “You cant tell me the whole story behind the gun.”

  “I cant tell you the whole story behind that gun.”

  Chapter 13

  “Hows he taking it?” Kay asked, watching Lauras face closely. She was sitting in the clients chair in Lauras office.

  When Laura looked up, Kay could see the pain in her eyes. “I really am screwed up, Kay. I really like Ken, more than Ive ever liked any man, and Ive known him less than a week. Theres part of me saying Id be crazy to fall in love with a man I cant trust. One minute I think putting in a personal ad was the craziest thing I ever did in my life, and the next minute I think how awful it would have been if I hadnt. I wouldnt have met Ken, then.”

  “Well, theres one way to settle the matter.”