Rescued

by David Rosenfelt

  “Last time you were here, you said that you had no idea how it came to be that Mr. Kramer was at the rest stop at the same time Mr. Zimmer was.”

  “Right.”

  “Were you in the court when Betty Stuart testified that Zimmer purchased the phone that called Mr. Kramer twice?”

  “I was.”

  “And did you also hear the previous testimony that Mr. Kramer never called that phone?”

  “Yes.”

  “Has that changed your view as to who instigated the meeting?”

  He shakes his head. “Not with any certainty, no. There could have been previous calls, other phones could have been used; I don’t have enough information yet.”

  “Perhaps you could have conducted an investigation that would have provided that information.”

  Carla objects before Pete can respond, and Avery overrules her. Pete doesn’t answer, because I hadn’t really asked a question. It was more of a statement.

  “In my hypothetical to you, I mentioned the possibility that Mr. Zimmer had wielded a weapon, causing Mr. Kramer to shoot him in self-defense. You said that was not possible, because no weapon was found. Do you remember that?”

  “Yes.”

  “And I raised the possibility that there might have been a third person on the truck, who removed the weapon. You also said that was not possible, because the video would have shown that person. Do you recall that as well?”

  “I do.”

  I introduce as evidence the tape that the security camera took of me at the rest stop two days after the murder. I had requested it from Pete, but I doubt he ever saw it.

  It shows me arriving and boarding the truck. Seven very long minutes go by where it shows absolutely nothing else except the truck, sitting there silently. It is a film unlikely to win a Golden Globe.

  Then I suddenly come into frame, walking along the ramp that the cars would take coming in from the highway. The gallery, and I think the jury, start to murmur among themselves, surprised to see me, since they thought I was still on the truck.

  I walk to the truck, turn to the camera, and wave. It is an extraordinary performance; one of my greatest roles.

  Once the tape has finished, I turn back toward Pete. “So as you saw, I was on the truck, then got off the truck and reappeared without the camera picking up any of it.”

  “Yes.”

  “Do you know how I did it?” I ask.

  “You must have gone out the back of the truck and used the truck to shield you from the camera as you went to the highway.”

  “Exactly. So is it possible that the truck was deliberately parked in that strange fashion so that it would block the camera when someone left the truck?”

  “You don’t know that,” he says.

  “I asked if it was possible that someone else could have done exactly what I did.”

  “There is no evidence to support your view.”

  “Are you having trouble understanding the question? Should I have the court reporter read it back? I asked if it was possible. My view has nothing to do with it.”

  “It’s possible,” he acknowledges, “but there is no evidence to support it.”

  “Evidence? You mean like a fingerprint?”

  “There is no telling when Benjamin was on that truck.”

  “Captain, last time you were on the stand, I gave you a hypothetical, and you said it wasn’t possible. Now you admit that it is. So let me try another hypothetical, adding some specifics that we’ve learned. Eric Benjamin, or some people he worked for, paid Kenny Zimmer $75,000 to lure Mr. Kramer onto that truck. Benjamin was on the truck as well, hiding and accidentally leaving his fingerprint. Zimmer attacked Mr. Kramer with a knife, but Mr. Kramer was able to avoid it and shot and killed him in self-defense. Benjamin was fine with that, because he knew there was another way to get rid of Kramer, by framing him for murder. So he took the knife and exited the truck, knowing that the position of the truck would allow him to avoid the security cameras. Is that possible?”

  Pete thinks for a while and finally says, “It is possible, but not reasonable.”

  Tomorrow will be the key day of the trial. We need Judge Avery to rule in our favor, to allow the jury to hear our theory of the case.

  Of course, even if he does, it doesn’t mean that we’ll win. The jury could hear everything we have to say and still vote to convict Kramer.

  It’s like a field goal kicker trying a long field goal on the last play of regulation, with his team down three points. If he makes it, they remain alive and continue to play in overtime. If he misses, they lose. So all he is kicking for is to give his team a chance, which is why the situation is similar. We just want Judge Avery to give us a chance.

  I ask Hike how he thinks we should go about it. We could ask for a meeting in chambers or just go ahead and start presenting the evidence, knowing that Carla will object and Avery will decide in the moment.

  “I would go for the meeting in chambers,” Hike says. “It’s an important issue, and Avery will be pissed if he doesn’t have a chance to rule on it.”

  “If we just start calling witnesses without calling attention to the new approach, it would signal that we don’t think there’s an admissibility question,” I say. “Getting Benjamin’s print into evidence opens the door.”

  “Judge Avery is in control of the door, and if he feels like you’re trying to push him around, he’ll keep it closed.”

  “I need to think about it,” I say. “Either way, you think he’ll let it in?”

  “No,” Hike says.

  What a surprise.

  Sam calls with news about Benjamin’s potential travel, as determined by his credit card purchases. “Sorry it took so long,” Sam says. “The guy has six credit cards and then another three registered to his bullshit security firm.”

  “No problem. What did you find out?” I’m hoping he took some trips to the Caymans. That wouldn’t prove anything, but it would tie him closer to Jeffries, which I could use in front of the jury.

  “Not much. Definitely no long trips, at least not ones where he used his credit card. He did drive to South Jersey, though. Based on his gas, hotel, and restaurant charges, he drove down there, stayed overnight, and then left the next morning.”

  “Where did he go?”

  “Chesterfield, New Jersey. It’s mostly farmland down there. He stayed in a Holiday Inn Express; I wouldn’t think it would be up to his standards.”

  “Send me the address of the hotel and any restaurants he went to down there, please.”

  “Will do.”

  Any move that Benjamin made is interesting to me, though obviously his reason for going to Chesterfield could have been completely benign. He could have been visiting his aunt Doris.

  For now, I call George Davenport and ask him if he’s ever heard of Chesterfield, New Jersey.

  “No, I don’t think so. Where is it?”

  “South Jersey,” I say.

  “Why do you ask?”

  I’m not a big fan of answering questions; I prefer to ask them. So I ignore his and ask, “Do you know if by any chance that was a drop-off point for dogs? Might Zimmer have stopped there?”

  “I can’t imagine that he did. His first drop-off was always in Connecticut. No reason to have gone that far off the highway.”

  I thank him and get off the phone. Maybe I’ll pursue the Chesterfield angle or maybe I won’t; it depends how desperate I am as the trial proceeds.

  By the time I get home from court, Ricky and Laurie have had dinner. She’s saved some for me, and they are nice enough to sit with me while I eat. I am looking forward to getting back to a normal life. Murder trials and normal life are two mutually exclusive concepts.

  Ricky joins me on the evening walk with Tara and Sebastian. I’m feeling fairly safe now that Benjamin is dead, and for all I know, Laurie still has Marcus following me, providing protection. One can only see Marcus when he wants to be seen.

  So we talk about the start o
f school, and Ricky’s teacher, and a girl Ricky sort of likes named Leslie. They’re the things I would already know if I wasn’t lost in my own world.

  Ricky thinks that Leslie is kind of cute because she has a ponytail, but he doesn’t really talk to her much. I suggest that he strike up a conversation with her sometime, and he says, “Nah.” Then he says that he might text her. He doesn’t have a cell phone, so I don’t know how he can do that. Actually, I don’t think I want to know.

  When we get home, I call Willie to ask how the dogs from the truck are doing. I haven’t been able to get over to the foundation much, which leaves me constantly feeling guilty.

  Sondra answers and in answer to my question says, “They’re doing great, Andy. We’ve placed seven of them and have a bunch of people coming in tomorrow.”

  “How’s Wiggy?” Wiggy is the golden with the puppies.

  “Fantastic. Don’t tell him I told you, but I think Willie wants to keep her. He thinks Cash wants a friend.”

  Cash is Willie’s Lab mix. We found him stray the day he won his big lawsuit, hence the name. “That would be great.”

  “The problem is there’s another dog, I think it’s a pit bull mix, that Willie wants also. It could start getting crowded at our house.”

  “You’ll work it out.”

  “I’m not so sure. It’s pretty hard to say no to Willie, especially when dogs are concerned.”

  I hope Willie takes them both. I’ve had my eye on Wiggy, but Tara would probably be annoyed if I brought home another golden.

  I settle into the den to prepare for tomorrow’s trial day, but thinking about the dogs reminds me of something that continues to gnaw at me. If Zimmer was planning on luring Kramer to the truck to kill him, and if he hadn’t contacted any rescue groups about taking the dogs, then what the hell were the dogs doing on the truck? Why pick them up and bring them all the way to New Jersey?

  While it’s unlikely to have anything to do with our case, it’s a question that I’d love to know the answer to. And when this is all over, I’m going to find that answer, even if I have to visit every shelter and rescue group in New England.

  “Your Honor, before we call our next witness, may we approach the bench?”

  Judge Avery calls us up and leans down to converse with Carla and me. I’ve decided to do it this way, in a sidebar, in effect splitting the difference between Hike’s idea of an in-chambers conference and my idea of just winging it.

  This seems like it’s less of a big deal, though I’m sure Carla will have a stroke.

  “Your Honor, we are about to begin a new phase of our case, and I wanted you to be aware of it in advance.”

  “What might that be?” he asks, clearly wary of what I might be doing.

  “I believe that Eric Benjamin was part of a conspiracy that, among many other criminal acts, attempted the murder of David Kramer. Kenny Zimmer was paid to perform the act, but that was thwarted when Mr. Kramer killed him in self-defense. Since the purpose was simply to remove Mr. Kramer, Benjamin framed Mr. Kramer for the murder. A plan B, as it were.”

  “Your Honor, this isn’t going off on a tangent, it’s going off to another planet,” Carla says.

  “In your scenario, who fired the shot that killed Zimmer?” Judge Avery asks.

  “My client did; we have never disputed that. But it was in self-defense. And if you let me introduce my theory, I believe it is far more credible than the theory that Mr. Kramer boarded that truck with the intent to kill. The jury will be swimming in reasonable doubt.”

  Not surprisingly, Carla is not convinced. “Your Honor, he is just trying to confuse the jury. If Eric Benjamin were alive, and he committed so many criminal acts, then he would be on trial himself … in another courtroom. Because he is separate and distinct from this case.”

  “Your Honor,” I say, “how can he not be a relevant actor in this trial if his fingerprint was found at the murder scene?”

  “I’ll allow it for now,” the judge says, probably worried about a future appeals court reviewing his actions if he didn’t allow it. “But you will be on a short leash.”

  He doesn’t get the irony of talking about a leash when we’re discussing a truckload of dogs, and I’m not about to laugh at him for it.

  I give Hike a slight nod to show that we won the point as I head back to the defense table. “The defense calls Christine Craddock.”

  The doors at the back of the courtroom open, and Christine Craddock comes in. She’s in her wheelchair, and she comes all the way up to the bench. “You may sit there rather than the witness stand, if that’s your preference,” Judge Avery says graciously.

  “Thank you,” Christine says. This is a woman who lends dignity to any room she enters, certainly including this one.

  The bailiff comes over and sets up the witness microphone on a small stand next to her so that she can talk into it. She thanks him and turns to face me as I approach.

  “Mrs. Craddock, you were married to John Craddock?”

  “Yes.”

  “And he was the head of a company called Roboton?”

  “Yes.”

  “Would it be fair to say that your husband earned a great deal of money and that he left a substantial inheritance?”

  “One hundred and fourteen million dollars. Plus ninety percent of the company.”

  “Have you determined the value of the company?”

  “No, but it is far less than one might expect. John was a genius in robotics; he was the company. Unfortunately, it is apparently crumbling in his absence.”

  I lead her into her hiring of Dave Kramer as an investigator to confirm that her husband was cheating on her. “You suspected that he was?”

  She nods. “I had very little doubt about it, and Mr. Kramer confirmed it in short order.”

  “Did that end the work he was doing for you?”

  “For the time being … as it turned out a very short time. It wasn’t long after that that John was killed.”

  She relates the circumstances of the death, emphasizing John’s love of nature and his respect for its dangers. “There was no way John could have had that kind of accident. I believed that he was murdered, and I believe it now. I employed Mr. Kramer for a second time, to investigate this possibility.”

  “What did he find?”

  “I don’t know. Before he could complete his work, he was arrested.”

  Carla’s questioning is quick and dismissive, as if to demonstrate that this is just a distraction and not worth paying much attention to.

  “Mrs. Craddock, I am sorry for your loss.”

  “Thank you.”

  “Prior to your being contacted or being involved in this trial, had you ever heard the name Eric Benjamin?”

  “No.”

  “Kenny Zimmer?”

  “No.”

  “You’ve said that you believe your husband was murdered. Do you have any evidence of that?”

  “No.”

  “Any idea who might have done it?”

  “No.”

  “Thank you.”

  Detective Doug Cameron is the guy that Pete assigned to investigate the Tina Bauer disappearance. I start him off by getting him to tell the jury that Tina Bauer went missing on the same day that John Craddock died. Then I ask him if there was any connection between the two people.

  “Yes, Tina Bauer and John Craddock were having an affair.”

  “You’ve confirmed that through your own investigation?”

  “I have, in a number of different ways.”

  “Was she with him on the day that he died?”

  “Yes, the evidence indicates she was. Two other hikers saw them arrive at the entrance to the trail. They have both made positive identifications.”

  “In your investigation, have you talked to anyone who has reported seeing Tina Bauer since that day?”

  “No.”

  “Have her credit cards or phone been used?”

  “They have not,” he says.

>   “So there has been no trace of her at all?”

  “Correct.”

  “Detective Cameron, did you examine Tina Bauer’s phone records in the weeks before her death?”

  He nods. “I did.”

  “Did the name Eric Benjamin come up in connection with that?”

  “Yes. She received two calls from Mr. Benjamin.”

  “What is the status of your Tina Bauer investigation today?” I ask.

  “She is a missing person and also a person of interest in the death of John Craddock.”

  “You say ‘death of John Craddock.’ Do you think Mr. Craddock died from an accidental fall?”

  “You want my personal opinion?” he asks.

  “Yes, please.”

  “I do not believe he died of an accidental fall. I believe he was murdered.”

  “And Tina Bauer … where is she today? Your personal opinion.”

  “I think that the most likely scenario is that she was a participant in the crime, and then her partner turned on her. It is also possible, but less likely, that she was murdered along with Mr. Craddock.”

  “Why do you think it more likely that she was a participant?” I ask.

  “Because of the phone calls from Benjamin. My theory is that she lured Craddock to that spot at Benjamin’s direction. She may not have realized that the purpose was to murder him, but that’s the way it played out.”

  I thank him and turn him over to Carla.

  “Detective Cameron, the focus of your investigation has been the disappearance of Tina Bauer?”

  “Yes.”

  “You said it was likely that she was a participant in the murder because of phone calls from Mr. Benjamin.”

  “Yes.”

  “Do you have any evidence of what was discussed?”

  “I do not.”

  “Isn’t a phone call a weak basis to accuse someone of murder?”

  “I was asked for my theory,” he says.

  “Did she receive calls from other people?”

  “Of course.”

  “Does that make those other people who called her murderers also?” Carla asks, raising her voice.

  “Of course not.”