by R E Swirsky
Chapter 20
Monday, November 28th 7:47 am
The snow came again overnight and settled another sheet of white over the valley. Temperatures dropped continuously, and winter solidified itself to remain constant until spring. The snowplows were already out pushing up the snowbanks a few inches higher.
Jack was out shoveling his drive before heading off to work. The trial date for Josh was confirmed for December 3rd—only a week away. Jack still wasn’t sure what he should do. He continued to scrape away at his drive. He heard the click, and this time there was no mistaking the sound. That was the sound of an SLR camera shutter. He turned quickly to see David Chow smiling away at Jack. His camera dropped a few inches below his chin.
"Morning, Mr. Gardner," he said politely and walked along the sidewalk on the road.
Jack was stunned by David’s sudden appearance. "Um, good morning, David." Jack looked around and saw no one else on the street.
"I was going to take picture on river, but path is snowed over. On the way to school."
"Uh huh," Jack said. Why was David was even talking to him? "Did you just take my picture?"
"Yes," David said and kept smiling. "You look good, Mr. Gardner. Wanna see photo?"
"No, I don't. Why did you take my picture?"
"I take lot of picture, Mr. Gardner."
"Well, I don't like having my picture taken."
David continued to smile at Jack. Neither moved. Jack returned to shoveling more snow, hoping David would leave, but David stayed standing at the end of Jack’s driveway. Jack stopped and turned back to David. "What is it? Do you want something?"
David shook his head. "I take lot of picture, Mr. Gardner." His English was broken, but his words were sharp and clear.
"So you do." Jack was getting agitated. "Why are you still standing here? I don't want my picture taken, so…if you don't mind." He motioned with his hand for David to leave.
"I say I take a lot of picture," David said forcefully.
David was no longer smiling and Jack was starting to get uncomfortable. He finally understood what David was trying to say.
"I think you should see picture, Mr. Gardner."
Jack suddenly connected David to all the flashes he had seen.
He moved slowly towards David. "Okay, David," he said. "I’d like to see the picture."
David smiled again. His teeth glistened.
"Come. I show. I show." David fiddled with the camera and stood next to Jack to show him the picture he had just taken.
"See? That you, Mr. Gardner."
"Uh huh." Jack stared at the picture unimpressed.
David pressed one of the buttons, and then the picture changed to one of Jack's property, most likely taken yesterday or the day before from the river path judging from the amount of snow that covered the trees in the back yard. Jack stared at the picture. It was David. David had been following him.
David clicked again. The picture was from last week when he was at the wine store. There was nothing incriminating about any of these photos.
David clicked again and again. The pictures showed the back of his property, then the front. David continued to click through the photos. There were pictures of Jack arriving home, and Jack out for a run along the river. There were pictures of Jack gassing up his SUV at the service station and of Jack at his office. Some were of Jack in his house at night and then one of him in the garage as he held the sample glove in his hand.
David’s photos detailed Jack's activities in reverse order over the past weeks. Jack did not know what to say, but watched as David clicked faster and faster backwards in time. Jack's head began to swim. He could tell the time was nearing the day of Donna's murder.
David was no longer smiling and had his eyes intently focused on Jack as he watched Jack stare at the photos.
Jack saw the photos of Jack with Donna's parents and others with his parents. David had photos of Jack as he and his parents drove by at the house just days after the murder.
Jack wanted David to stop, but David kept on with the pictures leading towards the night of the murder. David suddenly stopped clicking and stayed on a photo of him leaving the hotel.
Jack shook his head and felt the blood burning in his veins. He was sure he was about to break out in a sweat.
The photo at the hotel was taken the day after he was finally released from questioning and was driven to the hotel at five in the morning. David was already there waiting with his camera. David had been taking photos the entire time. Jack was suddenly terrified.
"You want see next picture, Mr. Gardner?" David asked.
The sweat finally broke across Jack's forehead, and he wiped his arm across it nervously. He did not want to see the next photo. But he knew he had to. The next photo would tell him everything. Had David seen what really happened to his wife? Jack was now beyond scared and finally removed his focus from the camera. He looked at David. David was staring at Jack, and David was crying. Tears were streaming down David's cheeks. Jack was now very confused.
"You must see next picture," David said. His voice was shaky and sounded as scared as Jack now felt.
David clicked to the next picture.
Jack felt a huge sense of relief, but his relief quickly changed to utter horror. Jack stared at the picture in disbelief and knew the picture he was looking at would change everything.
Jack looked at David again, and David was looking into the distance in his best attempt to control his tears.
Jack looked at the photo again. It showed Josh at his home in the basement great room. The picture was obviously taken using a tripod and a time delay. He was sitting on the couch with his shirt off and an enormous grin stretching from ear to ear. Sitting next to him was David, also without a shirt. David's hair appeared to be wet as if he just came out of the shower. One of David’s arms was wrapped around Josh, and he was planting a kiss to Josh's cheek. His other hand was down in Josh's crotch.
Jack reeled as he suddenly retraced everything he thought he knew about Josh. Josh was never allowed to have any of his friends over. Tracey made this very clear at the last dinner party. Josh had no girlfriend. This picture could only have been taken while Fred and Tracey were in Denver. It was obviously taken the night Donna was murdered.
Jack remembered how Josh had asked to sleep over at his friend Davey’s house to work on a homework assignment. His mother demanded he stay home. Josh's friend ‘Davey’ was the boy who stood with him now: David Chow.
Jack's head was swimming in panic. Josh had an alibi for the night Donna was murdered.
"See Mr. Gardner? See? Josh not kill your wife."
Jack shook his head. He tried to say something but he was unable to pull together any word to make a sentence. He grunted. The words from his dream returned to haunt him.
"I follow you. Josh with me night your wife murdered. I had to be sure you not murderer. I follow you and take picture."
Jack could only nod, as he listened to David's explanation in broken English.
"See, Mr. Gardner? Josh not kill your wife. You need to help Josh."
Jack shook his head. He wasn’t sure what David was asking of him.
"Josh not say anything. Me neither, but I can't let Josh go to jail for murder he not do. I not know what to do, Mr. Gardner. No one else to talk to."
Jack was beside himself. All the evidence pointed to Josh, and now Josh had an alibi. He suddenly thought of Dean. Dean could not find out about David and Josh. This is exactly what Dean has been searching for.
"Okay, David," Jack said. "I believe you! I really do, but I am not sure what I can do."
"You must do something. I not do anything. Can't. But you, Mr. Gardner. You can do something."
Why did David think he could do anything? Jack wondered if David knew more than he was letting on.
"I take it Josh's mom and dad don't know?"
"Oh no, Mr. Gardner. Josh said his mom and dad not ever know! Promise me you say nothing! Promise! I only tell you cause I not know how else to help. Trial next week!"
"Okay, okay," Jack said and tried to calm David down. Jack grabbed David by the shoulders, leaned in close, and stared into his eyes. "Here's what we'll do, David. I'll see if I can talk to someone to get this sorted. But I promise I won't mention a word about you and Josh. Not one word to anyone about you."
"Thank you, Mr. Gardner, thank you. Josh not kill your wife, see?"
Jack let go of David. “Be strong, David. I will do what I can.
But Josh won’t be convicted even if he goes to trial.”
"No trial, Mr. Gardner."
Jack shook his head. "No, no. Listen. Even if it goes to trial, Josh will not go to prison. I promise you." Jack knew what he was saying was true, and he knew he would have to act soon.
"I not let Josh go to prison. Show photo if I have to."
David's words hung in the air. Jack nodded and watched David as he wandered off down the street. Jack contemplated running after him, grabbing the camera, and destroying the photos, but that would not stop David if he wanted to confess what was really going on.
