by R E Swirsky
***
"Jack, how have you been holding up?" Dean asked. Brad stood behind Jack and made sure Dean knew he was there.
"How the fuck do you think, Dean? Donna's dead and I feel like I'm being railroaded here. All you people think I killed her or had something to do with it when I didn’t."
Dean paced back and forth a few times in front of Jack. He stuffed his hand deep into his pocket and was fidgeting with something inside. He stopped and turned to Jack.
"You say you were in Vancouver, or Abbottsford, exactly when she was murdered. And I'm supposed to just believe that?"
"You're doing it again, Dean. I never said I was in Abbottsford when she was killed, and you know that. I said I left the house at seven thirty on Sunday night. I could have been anywhere on the road between here and Abbottsford or Vancouver when she was killed."
"Coroner thinks she was killed Sunday night."
"Well there you go. I was on the road Sunday night."
"How convenient."
"Fuck off, Dean. What are you getting at?"
"We checked your cell phone records."
"And what did you find?"
"Donna called you at 10:27 p.m. Sunday night."
"I was listening to an audio book. I didn’t hear it ring. It went to voicemail. What's your point?"
"We listened to the message. It was as you said, Donna calling you to make sure you called her in the morning. Your phone pinged the tower in Golden on that call."
"Uh huh, why shouldn't it?" he replied. He called out over his shoulder to Brad who was still standing behind him. "Brad, do I really need to listen to this?"
Brad leaned forward. "It's okay. I'll let Dean know when he's gone too far."
Dean rubbed one hand through his hair, looked at Brad, and then down at Jack again.
"This is just too neat and tidy. Yesterday you said the Anderson's knew you were going away."
"I told you that, yes."
Dean moved in closer to Jack until he was only inches away from his face. "Your wife was strangled. In your bed."
Jack could feel Dean's breath as he mouthed the words ‘in your bed’. The words reverberated in slow motion through Jack's brain. She was murdered in their bed.
"Tell me about Josh!" Dean suddenly demanded while Jack still reeled from Dean's words.
"Josh?" Jack stammered.
"What do you know about Josh? Tell me anything."
"Josh? Well… Josh is just a kid. A big kid. He lived next door. He’s athletic and quiet. He goes to the university. He’s a good kid, really. Sometimes, when I had to be away for a number of days, he helped Donna out with some things around the house."
Dean leaned back, crossed his arms, and stared at Jack.
"Josh?" Jack asked again. Dean offered nothing in response. "Brad told me you think Josh had something to do with this. You think Josh strangled Donna?" Jack shook his head and stared at Dean with distain. "Not Josh. You're wrong."
Dean stayed silent and let Jack carry on for another moment.
"I don't understand. Why would you suggest Josh had anything to do with this? Why would he?"
"Exactly, Jack! Why would he? You tell me!" Dean shouted. Jack flinched at Dean’s sudden outburst. He had never heard Dean go on like this.
"Why would Josh, the nice kid next door, kill your wife? Why would anyone want Donna dead? I believe you when you say you weren't there, but if not you, then who did this?" he shouted.
"But it wasn’t Josh," Jack said again. "Why would he?"
"Donna's dead and I'm going to find out who killed her. Right now, there's a team going through your house. In the next few days they are going to know everything about you, Jack. They'll be going through your computer, your mail, and your dressers. They'll look at everything you and Donna touched, who you spoke to, who you emailed, and who emailed you back. They will know every website you visited and search you both made. They'll pick hair out of the trap in the sink and down the shower drains. They'll tear apart your vehicles and going through your closets. They'll scrape the floors and walls for anything. We will know everything there is to know about you and Donna within the next forty-eight hours.
"Is there something you want to tell me now before I find out about it from someone else?" he added.
Sweat formed in beads on Jack's forehead as he answered. "You've known me for nearly two years, Dean. Have I ever once said anything other than how wonderful Donna is, and what she means to me? You probably know more about my relationship with Donna than anyone else. Give me a break."
"Okay, let’s say it was Josh. Your neighbor, an eighteen-year-old kid, suddenly decides to off Donna. Why would he do this?"
"You're the detective. You tell me."
"You're sure there's nothing else you want to offer up?"
Dean continued to pace again with his one hand still around whatever it was concealed in his pocket.
"There is nothing more. I told you everything. I told you multiple times, Dean."
"Nothing at all?" Dean turned suddenly towards Jack and spoke softly. "You think a three and a half million dollar life insurance policy on your wife is nothing?" Dean repeated the question loudly. "A three and a half million dollar life insurance policy is nothing?"
Jack sat up straight and glanced over at Brad. Brad stood up and waved his hands in the air to keep Jack from responding.
“I need to talk to my client in private before this interrogation goes any further,” Brad said.
Dean interjected. "I'm almost done anyways, but before I let you go, I need to ask you, do you recognize this?"
Dean pulled his hand out of his pocket with a small evidence bag. He carefully lifted the bag towards the camera in the corner, showing that the bag was sealed. He then placed the bag on the table, removed the seal, and dumped the contents on the table.
"Do you recognize this?"
"You can answer, Jack,” Brad said.
"Can I touch it?"
"Sure. Pick it up. I want you to tell me if you recognize this."
Jack picked up the single diamond earring from the table. The earring was a small, one-carat diamond in a six prong, platinum teacup.
"This looks like Donna's. I think it’s one of the earrings I bought her for our first anniversary." He looked up at Dean. "Where did you find it?"
Dean held out his hand, and Jack dropped the earring into his palm. He put the earring and backing pieces in the evidence bag.
"We searched your house, and we found the mate for this earring in your wife's jewelry box. This one was not in your home. Any idea where we found it?"
"Don't play games with my client. If you have something to ask Jack, then just ask," Brad interjected.
"We found this earring in the Anderson's house. In Josh's bedroom to be exact."
"You think Josh stole it?" Jack responded.
Dean laughed. "Jack. We found it under the headboard in the carpet under Josh's bed. I don't think Josh even knew it was there."
Jack shook his head. Dean was implying that this earring came off while Donna and Josh were... "Wait, just wait. You're saying Josh and Donna..."
"I'm just telling you the evidence we have. It was under Josh's bed. Do you have any idea how it got there? I do."
"You're telling me Donna was having an affair with the neighbor kid? You're crazy! Donna loved me and only me. She would never do that to me."
"There's more, Jack. We pulled some hairs from Josh's bedding and from the floor in his bathroom. The hairs, blonde in color, appear to match Donna's. There's also a brush on Josh's dresser that appears to have blonde hair in it. We sent them off for DNA analysis."
Jack wasn’t sure how to respond. He looked at Brad, and Brad placed his hand on Jack's arm. "I'm sorry, Jack."
"We have evidence at your house as well. We have found black hairs in your bed, on Donna's body, and in your bathroom. We can tell right
away that they are not yours or Donna's. These will be sent for DNA testing as well. We believe they will match Josh’s DNA.
"It was storming Sunday evening, remember, and we have footprints leading up to the back door in the kitchen that appear to match the pattern of the Nike running shoe Josh wears. Just hours ago, we also found the top of a shoe lace in your bedroom that appears to match in size and material the missing portion of one of Josh's shoelaces… from another, different, pair of shoes that Josh also wears on occasion."
Jack's jaw dropped open as he listened to Dean tell him that the affair had been going on for some time. From what Dean was suggesting, Josh was in his bed with Donna at least twice, and Donna was… Donna was in Josh's bed.
Jack shook his head again. "Are you kidding me? You're not just playing at something, because if you are, Dean..."
"I'm sorry. There's no easy way to say this. It appears from what evidence we've gathered so far that Donna was having an affair with Josh."
Dean continued, "I'm just wondering where you fit in to all of this. Three and a half million dollars is one hell of a reason to off your wife. Especially if you knew she was having an affair."
"Look. I still don't believe Donna would do this."
"How about this? You found out about Josh and Donna. You didn't tell Donna you knew, but you appealed to Josh's attraction to money and offered him some of the insurance money if he killed her for you."
"You're crazy."
"There are three and a half million reasons why I think you're involved. Why would you take such a policy out on Donna?"
"Jack, I don’t want you to answer that until we've had a chance to discuss this,” Brad suddenly interjected.
"No, Brad. There's nothing to hide. We took out the same policy out on me too. Jesus, we made that decision nearly two years ago right after we moved in here."
"...and the premiums, Jack?"
"We're both healthy and fit, and we both make good money. The premiums were just over two hundred a month each. It's not really that much."
"Josh is in the building right now, being interrogated. What do you think he's going to say?"
"I don't know! I had nothing to do with this, so I don't have any idea what Josh has to say. I know what I'd like to say to him, though."
"And what's that, Jack?"
"He better hope he gets sent down for life because if what you are saying about him is true and you let him back out on the street, I'll kill him."
"Jack doesn't mean that. Jack's upset right now, aren't you Jack?" Brad added. "I think we are done here." Brad stood up as if to end the interrogation.
"Upset? Upset? Fuck you too, Brad. Donna's dead and the little shit who killed her is still walking. Why do you think I am so upset, huh? I've been sitting here listening to all of this over and over again. I didn’t have any idea that kid next door could do this. I thought I knew Josh. I've had him in my house many times. I had dinner with him and his parents just last weekend! Now Dean tells me the evidence points to Josh. If so, I should be damned angry. And I am!"
"Well, I'm going to leave you two for a few minutes. I'll be back, and then you can go. Think about what I said. Josh is here, and he is talking." Dean opened the door. "Think about it, Jack." Dean left the room and left the door wide open.
Jack stared out through the open door. Across the hall was another interrogation room. The door suddenly opened and another detective emerged and walked out, leaving the door across the hall wide open.
Jack stared out across both open doors, and to his astonishment, Josh stared back at him. Unlike Jack, Josh looked broken and disheveled. His hair was a mess and his face and eyes were swollen from crying. His clothes were mussed, and he trembled.
Josh looked at Jack, and a forlorn lost look crossed Josh's face. Jack looked at Brad who simply shrugged. Josh was alone. There was no lawyer in Josh's room. Jack stared at Josh, slid his chair back, and got to his feet. Brad placed a hand on Jack’s arm.
“Jack, sit down,” Brad instructed. Jack brushed him off and moved towards the door.
"Why did you do it?" he shouted across the hall in sudden rage.
Josh trembled and shook his head violently. His face was contorted and a blank fear etched itself through his tears. "I didn't," he whimpered. "I didn't..."
"You screwed her? You screwed my wife?" Jack moved slowly towards the open door.
"Jack, sit down please," Brad urged, but Jack moved another step toward Josh.
"Why, Josh?"
Josh pulled his feet up onto the chair, shook his head, and whimpered. Tears soaked his face again.
"Tell me! How long has this been going on? And why did you kill her?" he asked finally. Jack paused at the door, buried his head in his hands, and sobbed.
Josh remained curled up in the fetal position on his chair. He looked up cautiously and managed to shout between short gasps, "I didn't, Mr. Gardner! Honest! I never! I couldn't..."
Brad shuffled up and closed the door. "They did that on purpose, those bastards! I thought Dean was your friend."
"So did I," Jack said through jagged breaths.
Minutes passed before Dean came back in the room. "So, anything else to add, Jack?"
"Fuck you, Dean. What made you think I wouldn’t try to go across the hall and bash that kid's head in with this chair?"
"But you didn't," Dean replied as if to make his point.
"I think we've had enough now, don't you?" Brad interjected. "We are not getting anywhere, and you are upsetting my client. That little stunt just now could land you in some hot water, so I'd suggest you stay away from doing anything stupid like that again."
Dean dismissed Brad. "I think we're done here for today. Jack, you make sure you stick around town. I am not done with you yet."
"What about my car and cell phone? And when can I get back in my house?"
"The house will be off limits to you for another week at least. You might get the car early next week." Dean reached in his pants pocket. "Here's your Blackberry." Dean slid the phone across the table and locked eyes with Jack. Jack stared back and expected Dean to say something, but he was silent. Dean broke his gaze and left the room.
