Under Cover Of Dark

by Juanita Kees

  ‘I’m his lawyer!’ Albero ignored the underlying accusation.

  ‘No!’ said Lily. This time her voice was strong and confident. ‘Luke will have a court lawyer.’ She pushed Luke behind her and stepped around Harold. ‘We don’t need your…services, Nic.’

  ‘You’re making a big mistake.’

  ‘Get out.’ Her shaking hands belied the deadly calm of her voice.

  Albero’s eyes narrowed on hers. ‘You’ll regret this, Liliana.’ He turned and walked away. The door slammed behind his departing bulk with the force of a gunshot and Lily Bennetti, tired, battered and broken, crumpled to the concrete floor.

  * * *

  Lily awoke to the clinical white walls of the hospital emergency department, the beep of equipment and the echo of footsteps in a corridor. Confused, she lay a moment trying to get her bearings. Her heart pounded to life as she remembered — Nic Albero.

  ‘Luke!’ she cried and struggled to sit up. God, her ribs ached and her head pounded in rhythm with her heart. The needle in her hand twisted painfully and she looked around to see it attached to a drip.

  A gentle hand touched her arm and she jerked away. Wincing, she turned her head to see Detective Mark Johnson straddling a chair next to her. Arms folded along the backrest, chin resting on muscular forearms, his short, dark blond hair was messy, and he looked…tired. Deep grey eyes studied her from under brows a shade darker than his hair, his gaze intense. Lily felt she should be intimidated by it, yet somehow it was reassuring, comforting.

  ‘You and Luke are in hospital. When you fainted, Luke got a little upset. The doctor says you might have concussion.’

  ‘Where’s Luke?’ she asked, her voice fringed with panic.

  Big, tanned arms unfolded and he waved a long-fingered hand at the curtains around the next cubicle. ‘He’s on the other side of those. They’ve got him under sedation. It’s okay, Mrs Bennetti, you’re both safe.’

  She fell back against the pillows and closed her eyes. ‘Safe? I don’t think you understand, Detective.’

  ‘Help me understand. Why are you so terrified of Nic Albero?’

  ‘Nic isn’t one to take no for an answer.’

  ‘He threatened you.’

  ‘Yes.’ Her fingers tightened on the bed sheets. ‘I defied him. Broke the family code. Nic is…was…Gino’s cousin.’

  Now he’d be out for blood. They were as good as dead. They knew too much and with Gino gone and no-one to keep them in check, Nic knew they were an even bigger risk to his operation. She turned to look at the man sitting in the chair. It would be so good to share her burden with someone she could trust. For a long time she’d suspected her husband was involved in the underworld of drug trafficking and crime. What she hadn’t expected was that he’d drag their son there with him.

  ‘Why don’t you want him to defend your son?’

  ‘Because I don’t trust him.’

  If Luke went to prison for murder — even detention in juvie while he waited for his case to be heard — Albero’s thugs would get to him and he’d be dead in weeks. They were sitting ducks. There was nowhere to run. She closed her eyes as tears squeezed from beneath her lids and ran down her cheeks.

  ‘Mrs Bennetti…Lily…if there’s something you know about Nic Albero, you need to tell me. If you want a fair trial for your son, you can’t keep information to yourself.’

  ‘I can’t…’ Luke wouldn’t get a fair trial at all if the police found out he was in the car when Tiny was murdered. He was a witness, an accessory. The evidence would send him to prison for good. ‘I can’t.’

  ‘You have my word. We will make sure you and your son are safe during this investigation.’ The deep, soothing voice did nothing to calm her nerves.

  ‘What use is your word, Detective? It’s no protection against a car bomb, or a fire or a bullet…or worse.’ Her bruised cheek ached with each word, her lip bled with the effort to speak.

  Albero would be determined to get rid of any witnesses to Tiny’s murder, especially when he’d been the one to hold the boy down while his partner, Serena Snow, administered the deadly overdose that killed his runner. Her husband had held Luke and forced him to watch, promising he’d be next if he didn’t do as he was told.

  ‘My handbag…where is it?’ she asked suddenly, her heart in her throat.

  He pulled it out of the cabinet next to her bed and held it up. ‘In here. I thought you might need it for identification.’

  Oh God. Had he looked inside? Had he found the notebook? It was all there, recorded in Luke’s diary along with dates and times of every delivery he’d done for his father, and the people who’d received them. All coded neatly so the untrained eye wouldn’t see the subliminal messages, except for the moment when Tiny Watts was murdered. Her head pounded with pain as she tried to concentrate. If he found it and had it decoded —

  His eyes narrowed on her face but all he said was, ‘While you and Luke are here, you have round-the-clock guard. Depending on the autopsy findings and the judge’s decision at the preliminary hearing, Luke could be placed in remand at the detention centre. We’re expecting the autopsy results in by the end of the week.’

  Lily drew in a shuddering breath. ‘Remand? How well will he be protected from…the other inmates?’

  ‘That depends on the level of danger he’s in. Lily, if there is some reason you feel you or Luke are in danger, tell me please.’

  ‘And where will he be until the hearing?’ Her voice cracked and her eyes stung with unshed tears.

  ‘When you’re feeling up to it, I’ll take your statement and we can get this under way. Once I have your statements, I’ll submit the evidence. A lawyer from the district attorney’s office is on his way now so he can be present when I interview Luke. He’ll try to arrange a preliminary hearing via video link as soon as possible. We won’t know where Luke will be placed until then.’ The quiet reassurance in his voice did nothing to settle the nausea that rolled in her stomach.

  ‘I need to see Luke.’ She pushed the thin covering of the blanket away and pushed up off the pillows.

  ‘Stay there, I’ll open the curtain.’ Mark stood and walked around the bed to sweep the curtain aside.

  Lily turned her aching body towards the bed next to hers. Luke lay sleeping, curled up in foetal position, his bruises dark purple against his pale skin. The steady beep of his heart through the monitor and his gentle snoring reassured Lily he was still alive. She settled against the pillows, a sigh shuddering through her. Keeping him alive would be her next challenge.

  ‘I’ll give you my statement, Detective.’ Lily’s voice was faint but determined.

  Mark sat and pulled his mobile phone from his pocket. ‘Do you mind if we record the interview with this?’ He held it up and wiggled it between long, strong fingers. ‘It’s much easier than taking notes and more reliable in case I miss something.’

  Lily eyed him cautiously, her gaze taking in the strong contours of his face. The straight eyebrows and forehead — now marred by a frown — assured her he was a solid thinker who would consider all the facts first before passing judgement. She’d learned to read facial expressions and body language over the years…she’d had to with Gino. Without them, she would have a lot more scars. She’d learned when to steer clear of confrontation. God knows, it could have been her or Luke lying downstairs on a cold slab in the morgue if she hadn’t learned when to back down. Still, could she trust this man who had the power to take everything they had left away from them?

  ‘Whatever it takes.’ She was so tired of running from the truth.

  ‘Tell me what happened today.’

  Lily sighed heavily. ‘Gino’s punch knocked me down. I fell and hit my head on the coffee table. It must have knocked me out for a bit.’ Absently, she touched the tender spot near the top of her skull and felt a raw knot the size of a small egg.

  ‘Your skin was split. They’ve glued the cut. How long do you think you were out for?’

  ‘
Not long. When I came around, Gino and Luke were fighting.’ She shivered as she relived the scene in her head. Gino with his hands around Luke’s neck…Luke’s strength no match for anger. ‘Luke couldn’t breathe. I could see him turning blue from the force of Gino’s hands around his neck. I tried to stop him and that’s when I saw what Luke had in his hand. I don’t know where he got it from.’ She clutched the cold cotton of the hospital blanket like a lifeline thrown from a boat. The tears she’d held back trickled down her cheeks.

  ‘Got what from?’

  ‘The gun. Luke had a gun in his hand. It must be Gino’s. I tried to stop them fighting, got between them. Gino made a grab for the gun and it went off.’ Her breath hitched and she closed her eyes. ‘He fell.’

  ‘So did Luke shoot Gino?’ Mark’s voice was soft, encouraging.

  ‘No…I don’t know…I…’ She swiped at the tears on her cheeks. ‘All three of us had our hands on the gun, Detective. When Gino grabbed Luke’s hand, it went off.’

  ‘Do you think Luke would shoot his father deliberately?’

  Lily looked to where her hands gripped the sheet, knuckles white, shaking. If she said yes, she would incriminate him. She hesitated and looked at Mark, seeing nothing but a detective looking for answers, his face open and honest. Still the words hesitated on her tongue.

  He met her gaze with empathy in his own. ‘That wasn’t a leading question, Lily. I’m trying to establish his state of mind. The two of you suffered trauma prior to the shooting. It makes a difference.’

  Lily hesitated a moment longer. Her instinct said to trust him and that’s all she had left. ‘No. I think he was trying to scare Gino into backing off. You have no idea the torment he put us through.’

  ‘Tell me,’ Mark said.

  As Lily opened her mouth to speak, Luke’s voice whispered across the space between their beds. ‘Mum.’

  Lily sat up and swung her legs over the side of the bed. Dizziness hit her like a brick wall and she sank back.

  ‘Easy,’ Mark warned, a hand at her waist for support as he pulled her drip stand closer.

  She flinched away, the recoil automatic. Without a word she stood, slower this time. Using the drip stand for support, she walked the short distance to her son’s side.

  ‘I’m here, Luke.’

  ‘You okay, Mum?’

  ‘Yes, I’m okay. We’re okay.’

  ‘I’m sorry.’

  Lily looked at her son, lying against the stark white pillows. Dark bruises and dried blood marred his otherwise flawlessly pale skin. His sharp cheekbones hollow in the harsh hospital lighting. He was a shadow of the happy little boy she’d once bounced on her knee and cuddled close at bedtime.

  ‘It was an accident, Luke.’ She pressed a kiss against his temple.

  ‘But I wanted to kill him. Is it so bad to want to kill him after what he did to us?’

  Lily ran a hand through his hair and stroked his forehead. ‘He can’t hurt us anymore, baby.’

  ‘What will happen to us now?’

  Lily looked at the detective, who stood silently at her side. His eyes met hers, empty of judgement and full of reassurance. ‘We tell the truth and rebuild our lives…one brick at a time.’ And pray to God we stay alive long enough to live it.

  Chapter 2

  An hour later, Luke’s lawyer arrived and they gave their statements to Mark. It was only when the questions came to Nic Albero that both Luke and Lily held back. Mark watched their reactions with interest as they dodged the subject in an attempt to draw his attention away from the dubious activities of one of Perth’s most influential lawyers.

  There was no doubt in his mind that Nic Albero was a threat. He noted the tremble of Lily’s hands at the mention of his name and Luke’s gaze that shifted to his mother’s before he’d answer, giving careful thought to his words.

  Mark made a note to do a little more checking on Albero. ‘Thank you,’ he said, pushing the button on his phone to end the voice recording. ‘I have what I need.’

  ‘What happens now?’ Lily’s voice was raw as she reached for Luke’s hand.

  In all the time he’d been on the force, Mark thought he’d never been so undecided on what to do with a suspect. Right now, that’s all the boy was. A suspect. Yes, he’d held the gun that killed his father but it didn’t mean he’d pulled the trigger. Fingerprinting would determine that.

  His conscience nagged against arresting Luke. A prison cell was not the place for a child and juvenile detention wasn’t much better. In fact, sometimes it was worse, especially where drugs were involved. Surely they’d suffered enough for one day. With them being held for observation overnight, it would give him time to go away and process the evidence.

  ‘Detective Johnson, could I have a word with you outside?’

  The lawyer excused himself and walked out of the ward and into the corridor. Mark followed, his curiosity piqued by the unusual request as he pulled the door closed behind him. Giles Pritchard had represented many an accused in Mark’s arrests. They’d known each other a long time. For him to request a private word could only mean he had concerns about the Bennettis too.

  ‘Off the record, Mark, I’m sure you know Bennetti wasn’t exactly a straight arrow. I have no doubt you’ll do your homework on that. His partner, Nic Albero, is no saint either. I’m probably not telling you anything you don’t already know, right?’

  ‘I’m onto it.’

  Giles nodded. ‘That’s what I thought. Albero won’t be happy his kingpin is dead. He’ll be looking for retribution. Personally, I don’t think either of them is safe. I’m going to do my best to keep the boy out of juvenile detention while we wait for his trial. These days it can take anything up to eighteen months or more for a case to be heard. Neither he nor his mother will last that long.’

  ‘They may be a little broken, but I don’t think they’re as fragile as they look.’

  ‘That’s not what I’m talking about and you know it. It’s not their state of mind I’m worried about, it’s their safety.’

  ‘I have to enforce the law. He had a gun and that gun killed a man.’ Mark’s voice rose and echoed in the corridor, torn between compassion and duty.

  A nurse passing by held a finger to her lips and uttered a stern, ‘Shh!’

  Giles sighed and patted Mark on the shoulder. ‘Down, Tiger. I’m not negotiating his innocence yet. I’m asking you not to place him in detention until you have all the facts. Take my word for it, the boy’s not a threat to anyone else. I’ve arranged the preliminary hearing for tomorrow morning at 9:00 a.m. assuming you’re placing him under arrest.’

  Mark rubbed a tired hand across his face. ‘I’m debating it. I’m a bit reluctant to lay any charges yet given the circumstances. At this stage I could take him in for involuntary manslaughter, which may be upgraded depending on the evidence against him.’ Charging a kid for murder? Perhaps he was getting too jaded for this game.

  Giles smiled. ‘It’s the best you can do right now. So, since they’ll be in for observation until the hearing tomorrow morning, you’ll leave them under guard?’

  Mark nodded. ‘I wouldn’t want my witness or accused compromised in any way.’

  ‘That’s what I thought. Now I have a little suggestion to make. If I can convince the judge, we could get Luke into the Tiny Watts Teenage Rehabilitation Centre with TJ and Scott Devin until his case goes to trial.’

  The knot of tension in Mark’s neck eased a little. ‘Yes, that would work. The centre is building a good reputation with their program, and their success rate in rehabilitating juveniles is growing. It makes sense to keep two out of three of the Tag Raiders out of trouble with young Marty already a resident up there. And, of course, having them together will make the investigation into Tiny’s murder a little easier to handle.’

  Giles winked. ‘Exactly. The boys will talk, compare notes. They might feel more confident supporting the evidence you’ve already garnered.’ Looking very pleased with himself, Giles patte
d his briefcase. ‘Now, I have work to do setting this up for tomorrow.’

  * * *

  Judge Julia Carmody’s stern face appeared on the screen set up in Lily and Luke’s private room.

  ‘Present your case, Mr Pritchard,’ she said, her tone curt.

  ‘Thank you, Your Honour. Luke Bennetti is charged with involuntary manslaughter.’

  ‘I’ve read the case, get to the point.’

  ‘Your Honour, I don’t believe Luke Bennetti is a flight risk or a threat to the general public. This offence took place under extreme circumstances as you can see from the physical trauma Luke and his mother have suffered.’

  ‘The boy had a gun, Mr Pritchard. He pointed it at his father, knowing it was loaded and ready to fire. I’d call that a conscious act.’

  ‘I’d call it self-defence, Your Honour.’

  ‘Semantics. I’m not here to play word games.’ Judge Carmody turned her attention to Luke. ‘Mr Bennetti, you realise the severity of your actions, I trust?’

  ‘Yes, Your Honour.’ Luke’s voice shook as he replied.

  ‘Fortunately for you, I can see that you and your mother have suffered extensive injuries during this incident. Give me a reason why I shouldn’t send you straight to juvenile detention.’

  Luke hesitated and looked at Lily for assurance.

  ‘Tell her, Luke.’

  ‘Because…’ His voice broke around the word. He swallowed hard and tried again. ‘Because I was protecting my mother. He punched her and pushed her into a coffee table and then he tried to strangle me. I had to stop him or we’d both be dead!’

  ‘That’s no excuse for killing a man.’

  ‘Your Honour —’ Giles intervened.

  ‘Wait your turn, Mr Pritchard! Give me something to work with, Mr Bennetti.’

  Luke sat a little straighter in his chair and clutched Lily’s hand tightly in his. ‘This wasn’t the first time my father laid into us. My mum has put herself in the way of his fists too many times to stop him hitting me. I didn’t mean to shoot him. I didn’t even know the gun was loaded. I just wanted him to stop.’