If It Walks Like A Killer (The Carolina Killer Files #1)

by Kiersten Modglin

  “Most likely. See, here we go with the assumptions again. You say she may have wiped off her prints?”

  “Yes.”

  “Yet she didn’t manage to wipe off any of the other twelve sets of prints?”

  “Apparently not.”

  “Yet she forgot to clean up her blood or better yet get rid of the murder weapon altogether? She also seemed to have a blatant disregard for the security cameras, which I’m told are housed upstairs. If my client had been hiding up there, she would’ve seen the camera screens and known exactly where not to go. Now, let’s go with the gloves theory again. It seems plausible, I guess.” He walked to Avery’s desk and grabbed the remote, rewinding the tape. “We see here my client enters the restroom. Tell me, detective, is my client wearing gloves?”

  “No, she’s not.”

  He nodded, fast forwarding the tape. “And here she’s seen leaving. Is she wearing gloves here?”

  “No, but she could’ve taken them off. Just because she isn’t seen wearing them, that proves nothing.”

  “Did you find any gloves in that bathroom?”

  “No, we did not.”

  “My problem with your theory is simple. In this video, my client isn’t making any effort at all to hide her identity. Why would she put gloves on and take them off before and after the murder? Would she have had that kind of time? And let’s just say she did. She took them off. If she didn’t hide them at the crime scene, where are they? She’s hardly dressed to conceal anything. So where did these gloves go?”

  “I can’t answer that.”

  “I see. Well, Mrs. Abbott.” He turned to face Rachael, giving her a wink. “It looks like we’ve just added disappearing acts to your list of magical powers.”

  Chapter Twenty-Five

  Caide

  Caide had to admit Hampton was impressive. For a case that had been declared open and shut, he had singlehandedly managed to drill holes in each of the prosecution’s standpoints. The problem, however, was that he didn’t have much of a defense. No solid alibi, DNA, and video evidence standing against them, and a clear motive; Caide knew this was going to be a long shot. If Hampton managed to somehow pull this off, it would be nothing short of a miracle.

  “As our first witness, the defense would like to call Audrey Hagen to the stand.”

  Caide’s head jerked back, skimming the crowd for a familiar face. Before he knew it, there she was. Her icy blue eyes met his for only a moment, but he caught the flicker of anger in them. Caide hadn’t seen Audrey in years, though she used to be a common occurrence around their house. Up until two years ago, anywhere Rachael had went, Audrey would follow, and vice versa. She wore her thick, black hair loosely around her shoulders, her stare unwaveringly solid as she was being sworn in. Her gaze didn’t falter as Hampton approached her, “Mrs. Hagen, you are a friend of the defendant, is that correct?”

  “Rachael is my best friend.” She flashed a reassuring smile across the courtroom to where Rachael sat, her southern accent rearing its head already.

  “Where did you meet?”

  “Oh, she’s been my best friend as far back as I can remember. We were in Kindergarten together, our dads worked together even before that.”

  “I see. Audrey, what can you tell us about your best friend?”

  “Rachael is great. Seriously, she’s one of those people that you meet and you just latch to her. She’s so genuine. She’s that person who asks how you are and actually wants to know. She has always focused more on everyone else than herself, even to a fault. She’s completely selfless, I’ve never met anyone like her. She volunteers, she’d literally give you the shirt off her back if it came down to it. Rachael tutored all throughout high school and college. She even skipped Junior Prom to tutor this freshman who was flunking algebra, I don’t think she even thought twice about it. That’s just who she is, you know?”

  Hampton nodded, urging her to go on.

  “When we were in college, I was out every night: drinking, partying, whatever. I’d come home drunk as can be and Rachael never judged me. She never had a harsh word to say about me. She’d just be there. She’d clean me up and help me to bed. Some nights she’d stay up with me all night, just to keep me from choking on my vomit. Then, the morning would come and she’d have a Tylenol and orange juice waiting for me, and she’d help me study for whatever I’d be too drunk to pass later that day anyway. I still remember the day she told me about this guy who’d asked her to tutor him in his psychology class. Apparently he’d offered to pay her four hundred dollars a session if she could help him pass the semester. Rachael could’ve used the money. Instead, she made him volunteer at a local hospital with her, every Saturday afternoon for the whole semester. Knowing Caide, I’m sure he hated the idea at first, but Rachael grows on you. She has a way of making everything seem okay.”

  She paused, seemingly lost in her thoughts. After a moment, she looked up, moving a piece of hair out of her eyes. “Anyway, a few months later she stopped tutoring as much and a few months after that she’d stopped altogether. Her nights were pretty much all taken over with Caide Abbott. All Caide, all the time. They fell in love. For the first time in my life, I watched my best friend do something that was entirely just for her benefit. When her dad passed away our senior year, Caide was there for her. You should have seen them back then, they were so damn happy together. I think she brought out the best in him, and maybe he brought out a little bit of selfishness in her, which was exactly what she needed at the time. I think they needed each other. I’ve never been a big believer in fate, but I swear it was like the universe knew Rachael would need him that year. He loved her in a way I couldn’t, and I’ll always be grateful for that. He saved her that year, he was the only thing keeping her above water.” She glanced at Caide, a small, sad smile on her face. “Anyway, Rachael needed Caide. She needed him to be a good husband and a good father. She’s the kind of person who puts everything she has into the relationships and the people she loves. She gives and gives and gives, and if you have someone like Caide, who takes rather than gives back, eventually I think she had nothing left to give. Rachael was born to be a mother and a wife. She was made for it. She didn’t deserve to end up this way. I’m not saying anyone deserves to be cheated on, but that girl right there?” She looked at Rachael. “She’s one of the good ones. She didn’t deserve this.”

  Hampton opened his mouth to speak, but Audrey wasn’t done.

  “But you know the very best thing about Rachael? She takes the high road. She forgives and forgets. I’ve never seen the girl hold a grudge. If she had known about the affair, she would’ve forgiven him. She may not have stayed, but she would’ve forgiven him. She honestly, probably would’ve even forgiven Blaire too. That’s who my best friend is.” She looked at the jury. “Look, I know you guys have to look at the facts, and as far as the murder goes I can’t tell you much. I can tell you anything you want to know about Rachael Abbott though. The biggest thing you need to know, is that she didn’t do this, she’s better than any of this. She deserves better.” As she said her last sentence, her eyes met Caide’s one final time, and he saw only regret looking his way.

  ***

  Hampton

  Hampton smiled as Dr. Seth Carrigan took the stand. “Dr. Carrigan, can you tell our jury how you came to be acquainted with the defendant?”

  “Sure.” He shifted nervously in his chair. “I am a neurosurgeon at Hanover Baptist Hospital. I was the attending on duty on October 23. Rachael Abbott was brought in to me after a fellow doctor noticed her pupils were not responsive to light.”

  “And what can you tell us about Mrs. Abbott’s condition when she came into your care?”

  “Rachael had suffered a severe head injury and a few minor injuries requiring stitches. She was, however, responsive and alert by the time she arrived into my care. Her MRI showed some swelling in her left temporal lobe, a cerebral edema, which we were able to reduce with a drug called Mannitol and proper ventilation
. Mrs. Abbott was released twelve hours later, once we were sure the swelling had gone down, with instructions not to sleep for an additional twelve hours.”

  “Twelve hours doesn’t seem very long to hold her for such a severe head injury, is that typical?”

  “It can be. I refused to release Mrs. Abbott until the swelling was completely down. She was closely monitored until that happened. Once the swelling had gone down, I felt comfortable abiding by the patient’s wishes and releasing her. At the time of her release, all vitals were stable and had been for at least six hours prior.”

  “So you’re saying the patient asked to be released?”

  “Yes. She was a scared mother, unsure of whether her children were okay and her own problems were the last thing on her mind.” His statement came out as more of a complaint than anything, so Hampton was surprised when he smiled dotingly at Rachael. “I’d expect no less from a mother. So, when I could find no other reason to hold her—”

  “Are you saying you wanted to hold her?”

  “It would have been ideal, yes. It is the best practice to hold head injuries, even minor ones, overnight.”

  “Why is that, doctor?”

  “Head injuries are complicated, even unpredictable. The best defense we have is observation.”

  “What are some common side effects to head injuries?”

  “Well, it depends on the severity of the case, obviously. Some of the common side effects are nausea, vomiting, dizziness, blurred vision, memory loss, slurred speech, drowsiness, headaches, sensitivity to light, irritability, loss of consciousness, blackouts, depression, seizures, the most serious being death. Of course there are dozens more. Some people experience several, some none. We never know what to expect. I did tell Mrs. Abbott the risks and that if she were to experience any she needed to come straight back.”

  “I see. I heard you mention blackouts. Can you explain that to us?”

  “Sure. Several hundreds of head injury patients report blackouts each year, slots of time they can’t remember. Some end up places without remembering how they got there. The best way I know to describe it is you know how sometimes you are driving home from work and you pull into your driveway and suddenly realize you don’t remember any part of your drive home? It’s comparable to that, but worse. Patients have reported blacking out for hours, even days.”

  “So, it sounds a lot like sleep walking?”

  “Yes, it’s almost exactly like sleepwalking. When blacking out, the person is no more in control of their actions that a sleepwalker. Sleep is the closest thing we know of to a coma. Studies have shown, during these blackouts the patients would be in a coma-like state, unaware and unable to control or recall his or her actions.”

  “Is there any way to prove a blackout has occurred?”

  “Unfortunately no. There is also no way to disprove an occurrence either. Science just isn’t there yet. We have yet to discover exactly what causes blackouts. Similar to seizures though, we are able to predict them merely seconds before they occur. Unfortunately, once a blackout is believed to have occurred, there is no way to truly know.”

  “Could an injury like the defendant sustained, in your opinion, cause symptoms such as a blackout?”

  “She had substantial swelling in her brain for nearly two hours, and slight swelling for almost four. Although her MRI was clear before we released her, the brain is a mysterious thing, even to those who study it. In my opinion, and that’s all this is, a patient with head injuries similar to Mrs. Abbott’s had a possibility of suffering from any of the symptoms I listed previously, including blackouts.”

  ***

  Carrigan

  Hampton’s eyes relayed a distinct message to Carrigan: Atta boy.

  “No further questions, your honor.” Carrigan spied the corners of his mouth trying not to smile. Carrigan had always been happy to help Hampton out on cases when he could, and he genuinely liked the guy. He’d been happy to know his expertise could be useful once again.

  The lawyer to his left stood up, her stone cold eyes glaring at Carrigan as if she could read his thoughts.

  “Dr. Carrigan, you’ve said it’s possible that Mrs. Abbott experienced these so-called blackouts.” She made air-quotations as if he’d been suggesting Rachael might have been under a witches spell. “Do you have any statistics or research to back that up?”

  “As I said earlier, there is no specific rhyme or reason to head injuries, but I did provide Hampton with several studies dealing with patients who have claimed to experience blackouts, as well as findings from the vital check method that I described. It’s all just theory at this point, but it is a widely accepted anomaly in the medical world. Each case is just incredibly different.”

  “So basically we should just take your word for it? Or better yet, her word for it?” She gestured toward Rachael.

  “No, of course not. Any medical professional will tell you exactly what I’m telling you. There’s no way to know, no way to predict, and no way to prevent the side effects of a head injury. Hampton will be happy to provide you with the studies we have found. It’s a very real thing.”

  “I see. So, you released your patient without being sure she was going to be all right? ‘Against your medical advice’ is what they call it, I believe?”

  “Yes, that’s correct, against medical advisement.”

  “I’m assuming she was required to sign a medical release before checking out, is that also correct?”

  “I was not the doctor who had her sign it, but yes. That is hospital policy.”

  “Why?”

  “Well, we have patients sign them in situations like Mrs. Abbott’s basically releasing the hospital from any fault or malpractice suits due to the patient leaving without allowing us to follow through completely with their care. They sign stating that they agree that the hospital staff has informed them of our intent to care for and treat their injuries and given them a list of all, if any, possible adverse effects that may result from them waiving our care.”

  “So basically Rachael Abbott signed a waiver stating that she was aware of every possible outcome from refusing care? She assumed all responsibilities for everything she might or might not do because of her untreated ailment?”

  “Yes.”

  “And were blackouts listed as a possible side effect?”

  “Yes, of course.”

  “You’re sure?”

  “Positive. I went over the list with her myself.”

  “So if, by chance, Rachael had left the hospital, had a seizure on her drive home, and ran someone over, she assumed liability for that?”

  “Objection, your honor,” Hampton shouted. “My witness is not a lawyer and therefore not capable of answering a question of that magnitude. That is a question best directed at the hospital’s legal department and seeing as how that is not, in fact, the situation at hand, we should move onto something more relevant.”

  “Your honor, this is completely relevant. If Mrs. Abbott has assumed responsibility, by signing that waiver, for a situation like that, how can Hampton hope to use this as a defense in a situation like this? The defendant accepted responsibility for whatever her actions may be. Rachael Abbott knew something like this could happen and she signed that paper and left the hospital that night anyway.”

  “I have to agree with Hampton, Avery. Strike that question from the record and do not answer, doctor.”

  Carrigan swallowed hard, his palms sweaty. Avery sighed, poorly attempting to hide her distain.

  “Doctor, you’ve told us that Mrs. Abbott knew the risks of leaving the hospital before her twenty-four hours of observation were up, right?”

  “Yes.”

  “You said twenty-four hours specifically. Not until she was better or until she was stable, but twenty-four hours. Why is that?”

  “Well, typically we prefer to hold patients overnight, our goal being twenty-four hours of observation. Particularly with head injuries. During that time, we monitor our patient
s for any signs of duress. Obviously, if there are complications, their stay is usually extended. Typically, stability for twenty-four hours is a great indication that they’re going to be just fine.”

  Avery touched her hand to her chin, feigning deep thinking. “So, most symptoms show up within twenty-four hours?”

  “Typically, yes. The first twenty-four hours are critical. If the symptoms don’t present themselves within that time, even in a small degree, chances of them occurring drastically decrease.”

  “Twenty-four hours, huh? So I’m guessing that after thirty-six hours chances drop again?”

  “Of course. They drop continually.”

  “They’d drop even lower after forty-eight hours then?”

  “Yes.”

  “And again after seventy-two hours?”

  “Yes.”

  “Then, tell me Dr. Carrigan, how likely are symptoms to appear after approximately…four hundred and eighty hours?” She shrugged her shoulders as if she were just throwing a random number out.

  Carrigan spotted something primal in her eyes though, something that had him using every bit of his mental math skills to try and figure out how long that would be. Long enough to be in the clear.

  “Doctor?”

  “Very slim. I won’t say impossible, because in my line of work we’ve seen it all, but I’d go so far as to say I don’t believe I’ve ever seen that before.”

  “You claimed to have treated Mrs. Abbott on October 23. Miss Underwood was murdered on November 11. Forgive me, my math skills aren’t what they once were, but that leaves twenty days between the accident and the murder. Four hundred and eighty hours, give or take a few. Would you still say, given that time frame, that it’s likely our defendant was suffering from a symptom due to her accident?”

  Carrigan met Avery’s cold glare. “You know, I’ve been a doctor for fourteen years, plus eight years of medical school, and five years of residency. After you do something for so long you start to think you’ve seen all there is to see. I once had a patient come into the ER with acute abdominal pain in her left pelvic area. She had had a hysterectomy six years before that so we ruled out cysts on her ovaries and began exploring other options. We did an ultrasound on her appendix and do you know what we saw?”