by Rachel Dylan
Bailey stood. “I should be going. We have another early morning tomorrow.”
Even as disappointment filled him, he kept a straight face. He was more determined than ever to win Bailey’s heart. Even if he had to do it one step at a time.
The next morning Lexi stood in the Arlington courtroom in front of Judge Bain and steadied herself. She’d decided to revisit Tobias’s bail. Tobias had been brought in for the hearing and was seated at the defense table. She’d instructed him not to speak unless directly asked something by the judge. He had promised he would be on his best behavior.
“Lieutenant Todd, what do you have for me today?” Judge Bain asked.
Lexi glanced over at Derek, who was at the opposite counsel’s table. Her palms were sweating, but she put on her game face. This was much bigger than her own nerves. She had to fight tooth and nail for Tobias. “Your Honor, you initially denied bail for my client, Petty Officer Tobias Kappen. I have new evidence I’d like to present to argue for him being released with bail.”
“Mr. Martinez, anything from the state so far, or shall we proceed?” the judge asked.
Derek stood. “No. I’m ready to hear the defense’s argument.”
The judge nodded. “Very well. Please proceed, Lieutenant.”
Lexi walked up to the podium, but she didn’t take any of her notes with her. Everything she was going to say was emblazoned in her memory. “Your Honor, to refresh your memory, my client is being held for the murder of Michael Rogers. NCIS and the FBI are investigating Rogers’s murder as part of a larger case involving the murder of two other men—one a Navy SEAL and the other an Army Ranger.” She paused a beat. He seemed to be with her so far. “Given the evidence, law enforcement is treating this case as if the same person murdered all three men.”
The judge lifted a hand. “Let me stop you right there, Lieutenant. I don’t see how any of this is helpful to your client, because as I understand it, your client is the chief suspect for all three of these murders.”
“He was, Your Honor, but I have new evidence that exonerates my client of the third murder—the murder of P. J. Wexford.”
The judge leaned forward. “What kind of evidence?”
She glanced back at Tobias, who sat expressionless. “Base logs showing that my client was on base at Little Creek during the time of the third murder. But that’s not all, Your Honor. The base records were initially falsified to show that my client was off base. I was able to get a technical expert to show that the base’s security system had been hacked so that this alteration could be made.”
“What exactly are you saying, Lieutenant?” Judge Bain asked.
“Your Honor, first, I am going to provide you with the evidence demonstrating the alibi for the third murder, but secondly, I ask you to consider, given this new turn of events, that my client has been framed. I don’t have to prove all of that to you today, but I believe what I have brought to this Court more than supersedes the bar for granting my client bail.” She bit the inside of her cheek as she waited for his response. It was difficult not to keep talking, but she didn’t want to lay it on too thick.
“Please approach and show me the documents, Lieutenant.” The judge put on his glasses.
Lexi walked up to the bench and provided him with a copy of the base records and the certified statement by the technical expert. The judge took his time reading everything. Lexi felt a drop of sweat roll down her back. After a few minutes, she began to second-guess herself and feared that this might not be enough, but there was nothing she could do about it now.
Finally, the judge looked up from his papers. “Mr. Martinez, what does the state have to say about all of this?”
Derek stood. “Your Honor, the state isn’t prosecuting Wexford’s murder at this point. This case is about Rogers, and we still intend to continue with a vigorous prosecution. Having said that, I will leave it up to the Court to determine if bail is appropriate, given the latest information provided.”
Derek was playing this masterfully. He wasn’t opposing her position, but he also wasn’t endorsing it. The end result, she hoped, would be the judge agreeing with her.
Judge Bain cleared his throat. “I’m comfortable under the circumstances, and given the new evidence provided, with setting bail at two hundred fifty thousand dollars. But your client must stay within the state of Virginia. No exceptions. And he’ll need to surrender his passport as a condition of bail.”
Lexi exhaled. “Thank you, Your Honor.” With a final nod, Judge Bain left the courtroom, and the hearing was over. Lexi walked back to the table and took a seat beside Tobias.
“He had me worried there for a minute.” Tobias ran his hand through his hair. “My parents said they can work with a bail bondsman to make bail. Can you help with that?”
“Absolutely. I’ll get on it right away, and hopefully we’ll have you released later today or tomorrow. There’s one more thing I wanted to tell you in person. The prosecutor has offered a plea deal for the Rogers case only, and they’re offering manslaughter instead of murder one.”
Tobias’s eyes widened. “Why would I take a plea deal? I’ve done nothing wrong.”
“Of course not. I would never advise you to take it, but it’s my ethical duty as your attorney to convey any offers to you and explain that manslaughter is a lesser charge than murder in the first degree. So it would carry a lighter sentence, and there’d be no risk of the death penalty.”
Tobias leaned in closer. “You can tell the prosecutor no deal. I have to win back my good name, and I’d never admit to a murder I didn’t commit. Never.”
“I hear you loud and clear. I will let him know that you’ve rejected his plea deal.” There were no surprises there. Lexi would have never wanted him to take it.
Tobias’s eyes met hers. “I know I’ve said it before, but I can never thank you enough for all you’ve done for me, Lexi.”
It was the first and only time he had ever used her first name. They had developed a friendship through this awful ordeal, one that would last a lifetime. “I’m just doing my job. But, Tobias, know that I plan to fight with all I have in me to clear your name.”
“You really do believe me now, don’t you?” His voice cracked.
Lexi couldn’t believe the raw emotion she was seeing from this battle-hardened warrior, and she had to fight to keep her own emotions in check. She placed her hand on his arm. “We’re going to get through this. You’re going to be exonerated, and then you’re going to get back out there doing what you do best—defending this country.”
“Yes, ma’am.” He looked down. “That’s what I want more than anything. The only way I can do that is if I’m completely cleared of all wrongdoing.”
“Keep your head up, Tobias. You have absolutely nothing to be ashamed of. I will do whatever it takes to prove that.”
“Thank you.” He gave her a small smile as the officers came to escort him out.
“I’ll see you very soon, Tobias.”
After he was removed from the courtroom, Lexi gathered her things and walked out. Derek was standing in the atrium.
“You did well back there,” he said.
“Thanks. I appreciate you not opposing bail.”
“It was the right thing to do.” He sighed.
“You should also know that we are formally rejecting your plea deal.”
“No surprise there.” Derek leaned up against the wall. “Lexi, I’m still not sure what is going on here. I can’t make any promises as to how this will all pan out.”
“I know you can’t. But I do believe that you’re a man who seeks the truth, and that’s what I intend to find, no matter what.”
After a long day in the office finishing up reviewing everything in the WSI files, the team had a couple of leads they were going to follow up on the next day.
Bailey had accepted Marco’s offer of giving her a ride to and from the office. The hotel room was basically home now. She missed her own place, but the memories of
her attack were still associated with it.
They’d received word from Lexi that she’d gotten the judge to grant Kappen bail, and he was now out of prison with certain restrictions in place. Bailey was more motivated than ever to solve this case. In her mind, Tobias Kappen was an innocent man set up to take the fall while the real culprits were still on the loose.
“Earth to Bailey,” Marco said, as they started the short drive to her hotel.
“Sorry. Just trying to wrap my head around everything. I feel like we’re on the edge of something big. And if we can exclude Kappen, then we have a killer or killers still on the loose. What if they decide to strike again?”
Marco glanced at her before turning his attention back to the road. “We’re doing all we can.”
Bailey hoped and prayed that was true. She looked at Marco, and her stomach clenched. There was no doubt in her mind she was starting to have feelings for him. The way he had been by her side since the attack had touched her. At first she thought he was just a flirtatious, overly confident federal agent, but now she had experienced a more sincere and caring side of him. The real Marco was a genuine guy with a huge heart. She’d told him they had to focus on the case, and that was true. But a piece of her just wanted him to kiss her good night and wrap his strong arms around her.
That was just wishful thinking. She’d tapped the brakes, and she was sure he wouldn’t push things.
“I can hear you thinking, Bailey. Is there another angle you think we should pursue?”
“I wasn’t actually thinking about the case,” she said softly.
“Oh.”
It was like he knew where her thoughts had gone.
He glanced over. “Is there anything else for us to say on that topic?”
Bailey stared out the window. “No. Things are still the same. I think that’s best. Don’t you?”
“If you’re worried that we’ll be distracted if we go down that road, then don’t you think we’re already distracted?” Marco laughed.
She couldn’t help but smile. “You have a point.”
They sat in silence for a moment. She was trying to determine if she should continue this conversation. Maybe they were crossing into dangerous territory.
Bailey was caught off guard by the bright headlights coming at them from the other direction. The large SUV sped up and started to cross the center line of the road.
“Marco!” Instinctively she braced for impact, fearing the worst—a head-on collision.
Marco quickly turned the wheel to avoid the oncoming SUV, but that action caused them to spin out of control.
The sound of crashing metal was the last thing she heard before her world went dark.
CHAPTER
FIFTEEN
Marco awoke with an intense headache. For a moment he thought he must have overslept, but then the reality came crashing back to him in waves.
He sat up with a start and saw Izzy sitting in a chair in the corner of the room. “Where’s Bailey?” he asked.
Izzy stood. “Lie back down. Bailey’s getting an X-ray.”
“Is she okay?” His mind raced with disaster scenarios. “What’re they x-raying?”
“Her arm. They think it’s probably just bruised but want to make sure there isn’t a fracture.” Izzy took a deep breath and stepped up next to Marco’s bed. “Bailey is going to be just fine. You’re the one they were worried about, with possible head trauma. I’m so glad you’re awake. How do you feel?”
He touched his temple. “A massively bad headache.” He tried to gather his thoughts. “How long was I out?”
“I’m not sure when you got here tonight, but it’s about eleven fifteen now. I know the doctor will be glad you’re lucid. They weren’t sure how hard you’d hit your head in the accident.”
Everything flew back at him. “That’s the thing, Izzy. I don’t think this was an accident.”
Her eyes widened. “Are you serious?”
“Unfortunately. The SUV came straight at us, crossing lanes. It was deliberate. And in my mind, that means we may have stumbled onto something and are one step closer to the truth. Someone doesn’t want that truth to come out.”
Izzy crossed her arms. “But the million-dollar question is who?”
“Who what?” Jay walked into the hospital room and made his way to Marco’s other side. “How’re you doing, man?”
“Been better, but thanking God that I’m alive.”
“Tell me everything,” Jay said.
A few minutes later, Marco had recounted the ordeal to Jay and Izzy.
“You’re right,” Jay said. “This seems like a targeted attack against one or both of you. Since Kappen is out of jail, we need to check to see if he has an alibi.”
Marco shook his head, and the pain struck him. “I don’t think it was Kappen.”
“Regardless, we’ll tie that off,” Izzy said.
Jay frowned. “I think we’re going to have to be more aggressive with WSI. Go to the corporate executives—the board, if we have to—and start exerting some pressure. Someone there or connected to them is most likely dirty and responsible for all of this.”
Marco closed his eyes for a moment to try to focus on Jay’s words, but the pain in his head was killer. He didn’t want to let on just how bad it was, but it was some of the worst pain he’d ever experienced.
A moment later the doctor came in to check him out, and Izzy and Jay stepped outside.
“How’re you feeling, Mr. Agostini?”
Maybe he should be honest with the doc. “Honestly, I’ve never felt pain in my head like this before.”
The doctor nodded. “I’m going to get you into a CT scan right away. Just hang tight.”
“Don’t worry, Doc. Not going anywhere.”
The doctor smiled. “Good to see you have a sense of humor. That’s a positive sign. Someone will be right in to take you down for testing.”
“Thank you. And, Doc, are you also treating the woman who came in with me? Bailey Ryan?”
“Yes. She’s just finishing up in X-ray, but she should be fine. Even if there’s a fracture, that’s not the end of the world. Could’ve been much worse for the two of you, but we’ll know more about your status after the CT scan. No need for you to be too concerned at this point.”
“Thank you.”
The doctor turned to walk out and then stopped at the door. “Ms. Ryan has also been asking about you.” He smiled before leaving Marco alone.
Marco closed his eyes in prayer to thank God for protecting them.
“Bailey, this is two hospital trips too many.” Viv stood to her left beside the bed. “What in the world is going on?”
Bailey grimaced as she shifted in the hospital bed. The X-ray told her that nothing was broken, but her entire body ached, especially her left arm. “You know I can’t go into specifics.”
“We know that.” Layla stepped in. “But you have to give us something. Is there any way we can help? That I can help? I know people I could ask for assistance.”
The last thing Bailey needed was the CIA all up in their business. They had enough problems as it was. “No, thanks, Layla. I appreciate the offer, but believe it or not, we have things under control.”
“No offense, but it certainly doesn’t look like it,” Viv said.
“I know how it looks.” Bailey blew out an exasperated breath.
“You need security,” Layla said. “I assume the FBI will step up and get you what you need, right?”
Bailey didn’t want security. She wanted answers. “The FBI will provide whatever I request, but it’s not about me right now.”
Viv shook her head. “Bailey, you always have a great head on your shoulders, but right now you’re taking too many risks. Your personal safety does matter. You can’t break open this case if you’re dead.” Her friend’s kind eyes pinned her to the hospital bed.
“I’m just frustrated because we’re so close.” She didn’t know how to make them fully understand. “Ha
s either of you heard an update on how Marco’s doing?”
Layla shook her head. “Our first priority was seeing you.”
Bailey frowned and hoped that the last update she’d gotten from the nurse still held up.
“What’s the deal between the two of you?” Viv asked.
“What do you mean?” Bailey asked quickly. Too quickly.
Layla leaned toward her. “C’mon. We’ve known each other for years. You’re not fooling either one of us. You’re starting to like this guy, aren’t you? Like, really like him.”
Bailey sighed. “I don’t know. All my feelings are jumbled up right now. And my first priority is catching a killer, not having some schoolgirl crush.”
“What does Marco think about this?” Viv asked.
“We’re still trying to work through it.” Bailey paused. “Is it really that obvious that I have feelings for him?”
Viv squeezed her hand. “Don’t worry. No one else has probably noticed, but we know you better than anyone.”
“Good.” That was the last thing she needed.
There was a light knock on the door, followed by Izzy walking into the room. “Bailey, are you all right?”
“Hi, Izzy. Yes, the arm isn’t broken.”
Izzy moved farther into the room.
“Izzy, these are my friends Viv and Layla. Izzy works at NCIS.”
They exchanged pleasantries for a moment.
“Have you heard any updates on Marco?” Bailey asked.
Izzy nodded. “He’s getting a CT scan right now, but I’m hopeful that everything will be okay.”
“Have you spoken to him?” Bailey asked, needing more reassurance.
“Yeah. He was able to have a normal conversation with me. No signs of memory loss or anything like that. They’re just being cautious because his head hurt so badly.”
Bailey hated to hear that Marco was in pain. “Is Jay here?”
“Yeah. He wouldn’t let me come by myself.”
