End Game

by Rachel Dylan

“What a mess,” Bailey muttered. Something was wrong here. She worried about a potentially innocent man being put in the cross hairs, but she felt a bit helpless in stopping this train. And by cooperating and providing the sample, Kappen had just unwittingly put himself on the fast track to prime suspect—right now the only suspect.

  About half an hour later, she sat beside Marco and across from Kappen and his attorney. Marco had told her that he was going to push hard, and she waited to see how this would play out.

  “Petty Officer Kappen, you need to start explaining yourself— and quickly. Your hair was found at both murder scenes,” Marco said.

  Kappen shook his head. “Sir, I have no idea how that is possible. I was nowhere near either scene. I didn’t do this. If I had done it, why would I give samples voluntarily? If I was trying to hide, wouldn’t I have stonewalled you? But no, I’ve done everything you’ve asked. I’ve answered all your questions truthfully and have been completely upfront with you. Someone is trying to make me the fall guy here.”

  “And do you have any idea who that could be?” Bailey asked.

  “No, ma’am. I’m racking my brain, but this is all very strange to me. I don’t know why I would be targeted.”

  “You still stand by your claim that you didn’t know Michael Rogers?” Marco asked.

  Kappen’s blue eyes focused on Bailey. “I definitely did not know Rogers. The first time I saw him was the picture you showed me. Never met him. Don’t know him. I’m certain of that.”

  Bailey looked at Lexi. The worry showed on the attorney’s face as she frowned. This was a tough case. There was no doubt about it. But Bailey wanted the truth more than an easy conclusion. She was willing to keep pushing to find it, because getting it right was most important. Lexi was in an impossibly difficult position, trying to prove her client’s innocence. She wasn’t sure how Lexi planned to try to exonerate Kappen. Right now everything seemed stacked against him.

  Marco slammed his fist on the desk, causing Bailey to jump.

  “You need to do a lot better than that, Petty Officer Kappen. There are two dead bodies, one of them belonging to one of your teammates. Your hair is at the crime scenes—both of them. This is game over unless you have something else to say for yourself.”

  Kappen looked at Lexi and then back at Marco. “I can only tell you the truth, sir.”

  “And what is the truth?” Marco asked.

  Kappen blinked. “That I’m an innocent man. That I’m a loyal SEAL. That I lay my life on the line day in and day out for this country. My country. The country I love.”

  Frustrated, Marco stood up and started pacing. Bailey wasn’t sure if this was theatrics or if he was really that wound up. “Agent Ryan, why don’t you see if you can talk some sense into this man. I’ve had enough.” He slammed the door, leaving her alone with the two of them.

  This felt like a calculated move by Marco, and she was willing to go along with it. Seemed like good cop, bad cop to her.

  “Petty Officer Kappen, I want to help you, but to do that, you’ve got to give me something to work with. Think. Think about who would want your teammate dead. Even if you didn’t know Rogers, stick with what you knew about Battle.”

  Kappen didn’t immediately respond but instead stared off into the distance.

  “As I’m sure your lawyer told you, it’s only going to get worse for you from here.”

  Bailey was pushing him because as she listened to every word out of his mouth, she really didn’t think he had done this. But her gut feelings would only get them so far in the face of hard evidence.

  CHAPTER

  SEVEN

  To say Lexi was bummed was an understatement. Not only had her promising romance with Derek come to a screeching halt, she had to somehow figure out a way to prove Tobias’s innocence. She was meeting fellow JAG attorney Nolan O’Brien for coffee and advice. He had about ten more years of experience than she did and was one of her trusted mentors.

  She laid out the case for him. His light gray eyes narrowed, and a frown pulled down on his lips.

  “You’ve got yourself a mess here, Lexi,” he said.

  She couldn’t help but laugh. “I didn’t need you to tell me that. I need your help. I’m out of my depth.”

  He leaned forward in his seat. “Your instincts are right on. Something is amiss. The issue is how you go about getting evidence to prove it. I assume you don’t have anyone who can put Kappen somewhere else at the time of the murders?”

  She shook her head. “No. And unfortunately, he was up having dinner in Georgetown on the night of the second murder. He says he went home to his parents’ condo alone afterward, but there’s nothing to corroborate that once he left the restaurant. His parents are in Florida. He stays at their condo in Arlington when he’s on leave.”

  Nolan gripped the large blue mug holding his hot chocolate. “Why in the world did he submit to the voluntary DNA and hair sample?”

  She still couldn’t get over that fact herself. But Tobias’s actions told her a lot. “Doesn’t exactly sound like a guilty man, does it?”

  “No, but it sounds like a stupid one.” Nolan shook his head. “You’ve got to push as hard as humanly possible for that kind of thing not to happen. As lawyers, it is sometimes our jobs to protect our clients from themselves. Use your powers of persuasion to convince him to take the right path. It’s as big a part of the job as anything else.”

  She didn’t take his scolding in a negative way. She knew he was just trying to help her advance as an attorney. “I did push. But I wonder if there’s anything else I could’ve done to stop him.” It was something that kept her up at night.

  “It’s over now, but in the future, dig in as hard as you can on things like this. They can be game changers when you’re dealing with hard forensics. You need to find a way to discredit the evidence. Think chain of evidence, tampering, anything like that.”

  “And to top all this off, I’ve now got the civilian side breathing down our necks.”

  He took another sip of his drink. “But NCIS should get priority. Locals will bow to pressure on that. Especially if there isn’t anyone on Rogers’s side pushing hard and fast for prosecution.”

  Lexi frowned. “We’ll have to see how that plays out. You know, maybe I need to look harder at Rogers. He could be the key to finding the real killer . . . or killers. I didn’t tell you that part. I believe there are two people involved.”

  He sighed. “This is starting to sound more and more like a cover-up. I know you’re a naval officer, but I wouldn’t be a good friend if I didn’t remind you to watch your back.”

  A chill shot down her spine at his warning. “Someone wanted Rogers and Battle dead, and they were willing to frame Tobias for it.”

  Nolan leaned in. “Dig and push as hard as you can. Just trust your instincts. You always have good ones.” He paused. “What’s your feel for how NCIS is handling the case?”

  “They were aggressive in their interrogation, but I got the feeling the FBI agent jointly working the case has her reservations about whether Tobias is guilty. I was going to reach out to her. I want to use any angle I can, even if it’s not the norm. The last thing I want is for an innocent man to be put away for this—and to think he’s a Navy SEAL is beyond my comprehension.” After all Tobias had done in service to his country, it was time for Lexi to step up her game.

  “I have faith in your abilities. And if you need me, I’m just a phone call away.”

  She thanked Nolan again for listening, and they said their good-byes.

  Later that evening, Lexi looked down at her watch and saw it was almost ten o’clock. She had waited this late in the hope that Bailey Ryan would be finished working for the day. Lexi wanted to talk to her one on one, without NCIS interference. She didn’t need Marco the Alpha Male making things more complicated than they already were. She wanted to find out if she was reading Bailey correctly.

  Lexi dialed Bailey’s number and waited. After a couple of rings,
Bailey answered.

  “Agent Ryan, this is Lieutenant Lexi Todd. Sorry to call you this late.”

  “It’s not a problem. I actually just got home. What can I do for you?”

  So far, so good. Bailey wasn’t the least bit hostile and, if anything, seemed friendly.

  “I got the sense in the interrogation room that you might have some reservations about whether my client is guilty.”

  “Do you have any new exculpatory evidence since we spoke?”

  “That’s a very lawyerly response,” Lexi said.

  Bailey laughed. “You caught me. Sometimes my lawyer side comes out.”

  “You went to law school?”

  “Yeah, Georgetown. But I went straight into the FBI.”

  “I didn’t know that.” No wonder Bailey wasn’t taking things at face value. This new development might end up working in Lexi’s favor, and she planned to use any advantage she could muster.

  “My legal background isn’t really the point, though,” Bailey said. “I’m guessing your answer to my question is no, because if you did have the evidence, this isn’t how you would’ve approached me.”

  “You’re right, Agent Ryan. I don’t have anything. Yet. But I’m working on it, and I had the feeling you might be as well.” She waited to hear how Bailey responded, hoping she hadn’t misjudged the situation.

  “I can guarantee that we are working as hard as we can to gather evidence to prove who the murderer is. I’m going to go wherever the evidence leads me. That’s my job, and one I take very seriously. I don’t have any specific agenda here except the truth,” Bailey said firmly.

  Lexi didn’t want to push too hard, but she did want to keep the door open. “I’m just asking you, as a law enforcement officer, to continue to have an open mind. I’ve seen how expediency sometimes wins out over the truth, and I don’t want that to happen here. Especially to a man who has done nothing but serve his country honorably for years.”

  Bailey sighed. “I understand your point. We have a lot of open questions, but unfortunately for your client, the physical evidence is stacked against him.”

  “You have no real motive, though—especially for the first murder.”

  “I don’t think you called me at ten o’clock at night to debate motive.”

  Lexi needed to turn this conversation around quickly. “You’re absolutely right. I think I’ve made my point. I believe strongly that my client has been set up, and if I’m right, then there is something much bigger and more dangerous going on here. I believe you want the truth and for justice to be served. That’s all I’m asking.”

  “I’m doing my best, Lieutenant.”

  “Thank you. And I’m sorry once again for the intrusion, but I get the sense that you understand the importance of zealously advocating for your client.”

  “Good night, Lieutenant.”

  Once the call was over, Lexi groaned. She hoped she’d made an okay impression on Bailey. The last thing she needed was to tick her off, but she had to make the case. No one else was going to advocate for Tobias. That was her job. And now her prospective boyfriend was also nipping at Tobias’s heels.

  She picked up the pillow on the sofa and threw it across the room. Having a temper tantrum wasn’t going to help anyone, but her frustration was through the roof.

  There was no way she was ready to sleep yet, so she made a cup of decaf tea and powered up her laptop. The answers were out there, and she intended to find them.

  That Saturday night Bailey sat in the living room of her apartment with Vivian and Layla. The ladies had insisted on coming over to discuss their plan for the upcoming Georgetown Law reunion scheduled for the fall.

  They’d already destroyed the Chinese takeout Layla had brought with her, and now they were devouring the warm chocolate chip cookies that Bailey had just pulled out of the oven.

  “You’re just afraid you’re going to see Hunter if you go.” Vivian shot an accusatory glance at Layla.

  “I’m not,” Layla insisted. “Hunter and I are a thing of the very distant past. I don’t have any issue seeing him.”

  Bailey looked at Layla and then Vivian. “Does anyone here actually believe that—including you, Layla?”

  Vivian shook her head as she bit into another cookie. “It’s okay. We know what happened. You don’t have to put up a front with us.”

  Layla let out a groan. “I should be so completely over him by now. It’s been over five years since we broke up. But I admit the possibility of seeing him has me a bit nervous. I have this idea of him walking into the party with a gorgeous woman on his arm—someone who is everything I’m not.”

  Bailey couldn’t take her friend putting herself down like that. “Layla, you are beautiful inside and out. Hunter was an idiot.” Hunter had infamously cheated on Layla during law school with a blond bombshell undergrad. Or that was the rumor. His cheating and betrayal still impacted Layla to this day.

  “You all are so sweet. Just what I need—takeout, cookies, and my girlfriends telling me lies.” Layla laughed, and the others joined her.

  “We’re not lying. The reunion might actually be fun,” Viv said. “I know I was skeptical the other day, but the more I think about it, why not? It’s just one night. We could even go shopping.”

  Now it was Bailey’s turn to groan. “No. You two can shop till you drop, but you know I hate it. I’ll wear something in my closet. I have plenty of cocktail dresses that only get worn to Christmas parties and charity events. And we still have a few months before the reunion. They haven’t even sent out the formal invitations yet, just the save-the-date.”

  “We won’t subject you to shopping,” Viv said. “But, Layla, I know you’ll be up for some serious retail therapy.”

  Layla threw up her hands. “All right, you two. You’ve worn me down. Assuming work doesn’t interfere, I’m in, but if you two end up bailing because of work, I’m not going alone. No way.”

  “We wouldn’t send you in without backup,” Bailey said. “It’s settled. Make sure everyone has it on their calendar.”

  “You’re one to talk. Who gets called out the most for work? That would be you,” Viv pointed out.

  “Yeah. Murder has a way of happening at the most inopportune times.”

  “Like the case that called you away the other day. What happened there?” Viv asked.

  Bailey bit her bottom lip. “I can’t give you all the details. It’s need-to-know right now.”

  Layla laughed. “You know I have the highest clearance of all of us, but I get it.”

  They were all hyperserious about confidentiality with their work. They only chatted about what they could and never crossed any lines. “It involves the military. I’m actually working with an NCIS agent.”

  “Really?” Layla asked. “Man or woman?”

  “Well, both actually. I’m working directly with a guy, although he has a larger team.”

  “Is this guy cute?” Viv asked.

  Bailey felt her cheeks get hot, because Marco was a lot more than just cute. She couldn’t tell her friends that right now, though. “You two are the worst. I’m working with him. Not dating him.”

  “Is he boyfriend material?” Viv pushed. “How old is he?”

  Bailey took a moment before relenting. “I think he’s about our age. Maybe a tad older.”

  “I think he’s cute,” Layla said.

  “You have no idea what he looks like.” This was quickly escalating. Her friends loved to give her a hard time about her nonexistent love life.

  Viv lifted her hands. “All right. We’ll back off.”

  “Good.” Bailey smiled at her friends. She was so happy to have them in her life. They’d met their first year at Georgetown Law and had formed a study group, since they were in the same section. They all had very different backgrounds but had grown together in ways she’d never thought possible.

  “I want more cookies,” Viv said.

  “I’ll get them.” Bailey stood and walked into her
kitchen. When her phone rang, she sighed, because that meant her Saturday night was probably over.

  “Agent Ryan,” she answered.

  “It’s Marco.”

  “What is it?” she asked, fearing the answer.

  “We’ve got another body.”

  Izzy hightailed it down to the new crime scene in Arlington, following Marco and Bailey in her own vehicle. As the rookie, she often felt like the odd one out, but she told herself just to keep her head down and focus on the case.

  They’d gotten a call about an hour ago from Army CID, which was basically the Army counterpart to NCIS—although from what she understood, most of their agents were active servicemembers. NCIS agents were majority civilian.

  Izzy grabbed her gear and jumped out of the car, running to catch up with Bailey and Marco. She’d actually taken the Army CID call, so she knew they had a dead Army Ranger on their hands. The news about Battle’s death had made its way through the special-ops community, so this Ranger death set off alarm bells and caused Army CID to call NCIS. But that was where her information stopped.

  Izzy joined the others and saw a man dressed in an Army uniform standing near the body. He was probably a good twenty years older than her. He stood well over six feet and was sporting a light brown buzz cut.

  “You all must be from NCIS,” he said. “I’m Army CID Special Agent Jay Graves.”

  Bailey stepped forward. “I’m Special Agent Bailey Ryan with the FBI. These are NCIS Special Agents Marco Agostini and Isabella Cole.”

  Jay shook their hands. “My boss told me you’d be joining us. Unfortunately, this is one of ours. An Army Ranger.”

  “Thanks for looping us in,” Marco said.

  Bailey crouched beside the body. “So you know we’re investigating the stabbing death of a Navy SEAL.”

  “Yes, ma’am,” Jay said. “I was briefed on that.”

  Marco also squatted by the body. “We just want to make sure there’s not something bigger and interconnected going on here.”

  Jay nodded. “You think someone could be coming after our special-ops guys?”