Making New Memories

by Karen Ward

  "Now, Tom has reviewed Elena's bank records and has found several suspicious cash deposits over the last year. These deposits amount to over twenty thousand dollars and we haven't been able to determine yet where they originated. Any questions so far?"

  Pinky asks, "Have we been able to access Thomas' bank records? He is the logical source of the cash deposits."

  Jacob says, "Not yet, Pinky, since you are our resident hacker please take a peek and see if you can find anything. If you find something, I'll find a way to legally subpoena them. See if you can get his cell phone records too.

  "Stump, since you are our press person, I want you to check with all of the local media and see if you can dig up anything on Thomas. In fact, why don't you see if you can land an interview with Thomas?

  "Goose, since you are our medical expert I want you to review the medical reports I got from the hospital and the coroner. You might also want to hang out around the area of the hospital and see if you can pick up any gossip about the case that is not in the reports.

  "Jason has some contacts among the local stockbrokers and he is going to try to get information about Thomas' financial portfolio and any recent large transactions. Can any of you think of anything else?"

  Dylan asks, "Jacob, where exactly are you headed with this?"

  Jacob answers, "Well, since we know Thomas threatened her, I believe he killed her and framed you, Dylan. Since he brings his kids to the game room every Saturday it is a reasonable assumption that he has seen you at the mall before with Damian. Once he saw you on Saturday, it would have been easy enough for him to lure her to the mall, kill her, and frame you for the murder. All we have to do is prove he killed her. To prove it, we will need to find the motive. If there's nothing else, we'll meet again here tomorrow at one. Good luck."

  ******

  When I call that night, Dylan is in much better spirits. When he answers he says, "Hello Gorgeous, I'm glad you called."

  "Oh Dylan, It's good to hear your voice. You sound more upbeat tonight. Did something good happen today?"

  "No, nothing good happened exactly, but the guys are all here now and they have a plan to find the evidence that will clear me. I am much more optimistic than I have been. I wish you were here, Skye. I want to hold you. How are your talks with the counselor going?"

  "I'm making progress. You remember what you said about overwriting the bad memories with good ones. My counselor said the same thing today. I told her about the day I kissed you and she said that was good and suggested the rest will happen the same way."

  Smiling Dylan says, "I can't wait to help you practice. When all this is over we will definitely make some new memories for you."

  "Do you promise Dylan?"

  "I promise. Goodnight Skye."

  ******

  He hangs up the phone and turns around to find Evelyn smiling at him from the door, "Are you going to tell me about Skye?"

  Blushing he says, "Skye is the bravest, most beautiful woman that I have ever met. Her eyes are the same color as the blue sky on a clear day. She has long blonde hair that hangs in curls halfway down her back. She is sexy and feminine, and I think I may be in love with her."

  "It certainly sounds like it to me. I don't think I have ever heard you say such poetic things about a woman. I can't wait to meet her," says Evelyn.

  "I can't wait for you to meet her. She is amazing. Her father was a movie director and she was raised in Hollywood and never wanted for anything but she is not at all like what you are thinking. She had something bad happen when she was a teenager but I'm not sure what yet that made her terribly afraid. She spent the last three years living in a two room cabin in the mountains of Montana. She saved my life when I went to Montana to bring her to Barry's ranch. That was when I met her for the first time. She killed a mountain lion in mid-flight with one shot as he was attacking me. She sewed me up then she skinned, gutted, and cooked the animal for our dinner. She is just amazing."

  Smiling to herself Evelyn knows without a doubt that her brother is in love and that makes her happy. He deserves to be happy after the way Elena has treated him. She hadn't known that Elena was refusing to let him spend time with Damian or she would have helped him. Elena had lied about that too. She told Evelyn that Dylan never tried to see Damian. It breaks her heart that she wasn't able to help him through all his problems with Elena.

  Dylan removes his shirt, "Oh Evelyn, I'm going to need your help removing these stitches. I almost hate to take them out and destroy Skye's handiwork. Do you have scissors and tweezers?"

  Evelyn stares at his shoulder, "Oh my God, Dylan, you mean a mountain lion did this to you? Skye must really be special if she was able to sew you back together. You could have died!"

  CHAPTER 7

  It has been a month since Dylan was arrested at the ranch and taken to Texas. Thanksgiving was last week and December is just around the corner. The guys have been pursuing all avenues to try to find evidence to clear Dylan but haven't been able to turn up anything significant yet. Richard Thomas' bank records and financial statements didn't reveal anything. Nothing suspicious was found in his cell phone bill.

  They have found other witnesses to the fight Evelyn had witnessed at the mall between Thomas and Elena. They located two other people who saw Thomas leave the area of the game room on the Saturday Elena was killed around five returning about thirty minutes later for his children.

  Dylan's Marine buddy, Bobby Feldman, will testify that Dylan never left the gameroom from the time he arrived until leaving just before six. Child Protective Services is not allowing Jacob to interview Damian claiming they don't want to upset him further about the death of his mother.

  Playing a hunch, Pinky and Jason are scouring the internet for any related files. Pinky has attached some monitoring software to all of Richard Thomas' computer's web addresses that notify him of any financial transactions as they are happening. Late one night he is awakened by his computer's alarm notifying him of a transaction. Watching the computer screen he sees Thomas transfer a total of one hundred thousand dollars from several different accounts at the local bank to an offshore account in the Cayman Islands.

  He calls Jason Murray's cell phone, "Bingo! We got him!"

  Excited Jason says, "I'm on my way."

  He looks at the file Pinky is monitoring. Unbelieving he says, "Do you mean he has been embezzling from the bank and transferring huge chunks of money to the Caymans? If Elena was blackmailing him that certainly would be a motive. Can you get the transaction history from this interface? It may be how the money is getting into Elena's account too. Let's tell Jacob."

  While Jason calls Jacob, Pinky pulls the history of the interface Thomas uses to transfer money and finds the deposits into Elena Drake's accounts. He also discovers a more troubling trend. When Jacob enters the room he says, "Look, tonight's transaction is the largest he has ever made. I think he may be getting ready to split."

  Jacob looks through the file Pinky pulled then says, "I think I better notify our esteemed prosecutor. I doubt he would want his only witness leaving the country."

  ******

  Tom Christensen is at the Amarillo airport early the next morning when Richard Thomas checks a large bag for his flight to Dallas continuing on to the Cayman Islands. Approaching him as he heads toward the security check point, Tom says, "Going somewhere Mr. Thomas?"

  Surprised, Thomas turns around and asks, "Who are you?"

  Flashing his badge he says, "Tom Christensen, I'm a private investigator and I've been waiting for you."

  Nervous, Thomas says, "Well, I don't have any business with you, if you'll excuse me," and he starts to run down the corridor. Tom watches as airport security guards stop him, place him in handcuffs, and escort him outside to the waiting police car.

  Smiling, he calls Jacob, "Thomas is in custody."

  Jacob says, "Thanks, Tom."

  When he walks into the prosecutor's office later that day, Jacob is surprised to learn the bank was
notified yesterday of a detailed audit by the government scheduled for the following week. The audit was triggered by a tip they received from a local citizen and former employee of the bank, a Ms. Elena Drake.

  Based on information obtained from the tip the FBI had been tracking Richard Thomas for just over a month and had given the prosecutor information proving that Elena Drake had been blackmailing Thomas. Once he had framed Dylan for Elena's murder Thomas thought he was home free. The notification about the audit came as a surprise to him and forced him to try to run.

  Jacob asks the prosecutor, "So, when can I expect you to drop the charges against Mr. Drake?"

  Frowning, the prosecutor answers, "Well, I'm going to have to review the evidence. While this new evidence certainly points to Mr. Thomas as the murderer, I still don't have anything to prove it wasn't your client. The timeline points to your client and he also had a motive to murder Elena Drake."

  Frustrated Jacob says, "If that's what you want, then fine, I'll see you in court."

  ******

  At their planning meeting later that day, Jacob expresses his frustration, "It all boils down to the fact we need a witness that saw Thomas get in or out of that car on that Saturday. Tom, can you check with the security company and see if you can get a clear view of the car? I think that is going to be our best bet. Otherwise, we'll have to hope someone comes forward to identify Thomas."

  Goose says, "What about finger prints? Did they find anyone's fingerprints in the car besides Elena's and Damian's?

  Jacob says, "Good point. I haven't seen any fingerprint evidence at all. I'll check with the prosecutor and ask to sweep the car myself if necessary. It's a sure thing they didn't find Dylan's prints. That is probably why it hasn't come up."

  Goose adds again, "Another point is she was killed by a left handed person. Dylan is right handed."

  Jacob asks, "How do you know that?"

  Goose adds, "The coroner's report said the prints on her neck were made with a left hand. The person was either leaning in the driver's side window or sitting in the driver's seat when he choked her, or they were left handed. My hunch is the killer was leaning over her from the passenger seat pretending to kiss her while he choked her. That would have avoided drawing undue attention to his activities."

  Jacob asks, "What time did the coroner say she died?"

  Goose says, "He put the time of death around five o'clock. They usually allow for a thirty minute window."

  Jacob says, "All right, same time tomorrow. Let's get busy."

  ******

  After all of the guys leave the suite, Jacob is sitting with Dylan. "Something is bothering me Dylan. We have been assuming that Thomas contacted Elena after he saw you in the game room. How is it that he saw you but you didn't see him? Have you ever seen him during any of your visits with Damian?"

  Dylan thinks, "I don't know. I haven't seen Thomas to know who he is since I caught him in bed with Elena. I'm not sure I would recognize him if I saw him. What are you getting at Jacob?"

  Hesitating Jacob says, "What if he knew beforehand that you were going to be at the mall on Saturday? He could have pre-arranged the meeting with Elena. If she was blackmailing him, he could have told her to meet him to collect a cash payment. The question is how would he have known? How long beforehand did you know you were coming that day?"

  Dylan answers, "Bobby didn't call me until the day before to let me know they would be at the mall. I wasn't sure Goose was going to get back from Phoenix in time for me to fly down so I didn't make any plans until the night before I left. I made a reservation for the car on line the night before. That would have been the only way anyone in Amarillo could have known until I submitted my flight plan the morning before I left. Bobby didn't even know for sure I was coming until I walked in the game room."

  "Come on, let's pay a visit to the folks at Avis," says Jacob.

  ******

  As they walk up to the Avis counter at the Amarillo airport a pretty young girl says, "Mr. Drake, I didn't realize you were coming today. Did you make a reservation?"

  Smiling Dylan glances at the young woman's nametag and says, "No, I don't have a reservation, Elizabeth, but I do have a question. When I was here last month, do you know who would have known I was coming?"

  Turning red she says, "Well, the person who was on duty when your reservation came in would have known and the person who gave you your keys." Hesitating for a moment she then adds, "I should tell you that your friend Mr. Thomas asked me to call him and let him know the next time you were coming to town. He said he wanted to surprise you with a welcome home party so I called him when I saw your reservation come through. Was I wrong to do that?"

  "No, no, it was fine. When did you call him?"

  "Well, I called him as soon as I saw the reservation the night before your arrival," she says.

  "Thank you Elizabeth. You've been a great help," says Dylan.

  ******

  When I call that night, Dylan is light hearted and happy. He says, "Hello Beautiful, it's good to hear your voice."

  "Hello Dylan, you sound very happy tonight. Did something good happen today?"

  "Actually yes, they caught Richard Thomas trying to leave the country and arrested him. He has been embezzling money from the bank. Evidently, Elena has been blackmailing him."

  "Does that mean they are going to drop the charges against you?" I ask hopefully.

  "No, they haven't dropped the charges yet. We are hoping though. We are trying to find proof that it was Thomas that killed her. At least, things are looking better for me."

  "That's wonderful Dylan. You are going to be pleased to know that my counseling sessions are helping me tremendously. I can't wait to start making new memories with you."

  "Oh Skye, I can't wait to start making new memories with you either. I miss you Sweetheart."

  "Does Jacob know when all of this is going to be over?"

  Dylan says, "Well, Jacob is going to request the trial date be set immediately. He wants to get it all over with before Christmas. It is one of my rights to have a speedy trial. I want nothing more than to get this over with so I can come back to the ranch and hold you in my arms."

  "I can't wait for you to get here. I better go. Did you know they are going to induce Melanie's baby tomorrow? Barry is so excited he can't sit still."

  "That's great Skye. Be sure to call me when he gets here. I want to know all about it. Goodnight, Skye."

  "Goodnight Dylan."

  ******

  When Tom Christensen finally gets his hands on the security video from outside the mall it is so grainy that it is impossible to identify the man getting in the car. All you can tell for sure is that he is wearing a dark hooded long sleeved shirt or jacket. The hood was pulled up around his face preventing identification.

  According to the video, the man got into the passenger side of the car. After about twenty minutes the video shows him exiting the car and walking back into the mall. The man was not wearing gloves.

  After Tom examines the security video from inside the mall near the game room he is able to produce a close up of Richard Thomas wearing a dark zip up long sleeved jacket with a hood. The video from the game room shows that Dylan is wearing a white sweatshirt, the same sweat shirt he is wearing in the photos taken when he was booked into jail. The sweatshirt does not have a hood.

  When Jacob gets the report of the fingerprints found in the car it only shows prints from Elena, Damian, and Richard Thomas. According to the notes of when the police interviewed Thomas, he told the police of course his prints were in the car because he was her banker and they had gone on a few dates. It is common knowledge that Thomas cheats on his wife. Dylan's prints were not found in or on the car.

  ******

  The trial date is set for the second week of December and Jacob is confident that he can get a not guilty verdict. The prosecution has no evidence that Dylan killed her and Jacob has plenty of evidence to create reasonable doubt. Jacob really can't
understand why the prosecutor is being so stubborn about going to trial.

  On the night before the trial is to begin, Jacob is sitting in Evelyn's living room going over what Dylan can expect the next morning when his cell phone rings,

  "Jacob Murray,"

  "Jacob, Tom Christensen. I found a Texas Department of Transportation video of the highway running in front of the mall. Because Elena's car was parked at the back of the lot right next to the highway it clearly shows Elena's car in the parking lot. It shows the man getting in and out of the car. I am having it enhanced now to see if we can identify him. I'll keep you posted."

  "That's great Tom. I'll wait to hear from you then," says Jacob.

  He relates the new information to Dylan.

  Dylan is very nervous. He trusts Jacob but he is still going on trial for murder tomorrow and his fate is unknown at this point. He now has a better understanding of how nerve wracking it was for Barry when he faced the same charge a few years ago. At least Jacob is completely sure he can obtain an acquittal this time. At Barry's trial they didn't know until the last day whether or not the evidence they had secured would be enough.

  Jury selection will probably take a few days before the actual testimony begins. The result of the trial is going to depend on how much evidence the judge allows. If he restricts the evidence concerning Richard Thomas, it will be much more difficult to create reasonable doubt.

  ******

  When they pull up to the courthouse the next morning, Dylan is shocked by the number of people standing around outside. Media trucks are everywhere. As they walk up the steps and enter the courtroom Dylan's heart is pounding with apprehension and his palms are sweaty. He is so nervous he can't think straight. Walking up the center aisle to the defense table he is shocked at the crowd inside the courtroom. He doesn't see an empty seat anywhere. When he nears the front he sees Barry and smiles. Barry is sitting on the aisle and next to him is Skye!