Dead By Dawn

by Juliet Dillon Clark

  Ellen raised her voice and spoke sternly. “No, you have to leave me alone. Don’t tell anyone you know where I am. Do you understand?” She closed the door and left them standing on the porch.

  Chapter 50

  Steve Magon retrieved the evidence boxes from storage and started looking through them. He read the transcripts from the trial and looked at everything carefully.

  It was clear that there was a set of bloody footprints that matched Edmunds’, but they clearly backed up his story. The investigators had never found the murder weapons and there was no evidence that Edmunds ever owned a gun. Back in 1977, the GSR or Gunshot Residue tests did not exist.

  He looked at the crime scene photos. None of the footprints or fingerprints had even been processed. Then, a photograph caught his eye. He picked up the photo of Shelly Davenport and looked at it closely. He could see a footprint on her neck. It looked as though the killer had his foot on her neck before he shot her. He looked carefully at the other footprint photos. The print on Shelly Davenport’s neck was not the same pattern that was on the work boots that Edmunds was wearing.

  Magon knew that Andy Small had died of brain cancer a couple of years ago. But Paul Davis lived a couple blocks from the station. He decided to pay him a visit.

  ***

  Paul Davis was working in the front yard when Magon drove up. “How are you?” he said as the officer got out of the car.

  “I’m doing well Paul. The yard looks great,” Magon said admiring the profusion of flowers in the beds. “Well, it looks like retirement suits you.”

  “What brings you here?” Davis asked.

  “The Davenport investigation.”

  “Seems to be a hot topic lately,” Davis sighed. “A P.I. was here a couple weeks ago,” Davis took off his work gloves and set the shovel against the porch. “Come on in, I’ll get us some lemonade.”

  “Was that the Davenport investigation or Alberts investigation?” Magon asked as they went into the house.

  “Davenport. Carter is a sharp woman,” Davis said with admiration. “She used to be a homicide detective. We didn’t have women in the department.”

  They went into the kitchen and Magon sat down at the oak dining room table. Davis went to the cupboard and got glasses out and poured the lemonade. “So what do you want to know?”

  “Why wasn’t any of the evidence processed?” Magon asked.

  “I didn’t know it wasn’t,” Davis said. He set a glass of lemonade in front of Carver.

  “None of it was,” he said and took a drink of the lemonade. He continued, “Small testified at the preliminary hearing that the victim’s blood was on Edmunds shirt.” He handed Davis a picture of the shirt Edmunds wore on the day of the murder.

  “There’s nothing on it,” Davis said.

  “My point exactly,” Magon said.

  Davis sighed. “I didn’t think that Edmunds did it. Every time I voiced my opinion Small and the chief shut me down.”

  “Who else were you looking at?” Magon asked.

  “There was a ranch hand named Bing Taylor. He disappeared after the murders,” Davis said. “Apparently he had worked for the Davenport family for a long time.”

  “Why do you think that the chief and Small shut you down?” Magon asked.

  “I’m not sure. What I do know is that Martin Van Buren seemed to be mixed up in everything,” Davis said.

  “The judge?” Magon asked.

  “Yes, the same. He was disseminating information to the Davenports’ about the evidence. Either the chief or Small was talking to him.”

  “Did you find out anything about Bing Taylor?” Magon asked.

  “The night before the murders, he was hanging out at a bar in Paso Robles with a younger couple. The bartender said they were regulars there.”

  “Who were they?” Magon asked.

  “A woman named Ellen something and a guy named Tim Herron. Herron was a Poly student,” Davis said.

  “Did you talk to them?” Magon asked.

  “I never did, they disappeared, just like Taylor.”

  “Your partner lied at a parole hearing,” Magon commented.

  Davis took a drink of his lemonade. “So, was there a question in there some place?”

  “Did your partner ever do anything that made you think he was dirty?” Magon said.

  “We weren’t partners after the Davenport case,” Davis said.

  “Do you think Edmunds was guilty?” Magon asked pointedly.

  “I don’t know. I just don’t know,” Davis sighed.

  Chapter 51

  Jeremy Davenport opened the mail. His ranch hand in Shandon called a few days earlier and told him he was sending him a package. The ranch-hand had found a package when he was looking through one of the saddle bags he took to his friend to sell.

  The package was old. Jeremy laid the papers out on his kitchen counter and started reading. The papers were handwritten and old. Some of the papers had been chewed by mice over the years and the edges of the paper were tattered and yellowed. The paper was brittle to the touch.

  Jeremy read through the papers once. He couldn’t believe what he was seeing. In his grandfather’s handwriting, there was an account of the murders of Janell and Letty Carlson. His grandfather had known that the bodies were buried under the house. There was also a note that was written to his father, David, from his grandfather.

  Dearest David,

  If you are reading this, then I have passed on and you are now the owner of the land in Shandon. I hope you and your lovely wife find many years of happiness there. Your father will undoubtedly be unhappy about my decision to pass this land on to you. This was to be the home that me and my wife raised our children and lived our lives. Unfortunately, fate intervened and changed those dreams. There is a family secret that you must know about the property. I have kept it to myself and it has caused me many sleepless nights. Many years ago, your father and his friend Marty committed a terrible crime. Someone else took the blame for it and it destroyed their family forever. I sacrificed the happiness of these people to protect my son and by extension my son’s friend. I have spent my life trying to make this up to the Taylor children. I am writing this because the Taylor tragedy was not the only crime your father’s friend perpetrated. Marty Van Buren impregnated a young lady while he was married to someone else and she chose to have the baby. Marty came to see me about it in hopes that I could help him; since I had helped him before. When I refused, he threatened to expose the misdeeds that I had protected your father from. I decided that rather than lose my only son, I would help Marty.

  It is a decision that I know will cause me to walk the depths of hell. I allowed Marty to bury the bodies beneath the house you now own. Your father does not know this. I never felt the need to tell him that his good friend betrayed him and threatened to expose his secret. Your father is a good man. Marty and Bing have always been good friends to him. Marty has always been a bad influence. Bing has always been a good friend, but troubled. Most of that is my fault. I think his life would have turned out differently if his father had been present to guide him.

  David, you have always been a good man and you have a sensible head on your shoulders. Please use this letter if you get into trouble with Marty. Expose him for what he is. I love you and Shelly and hope deeply that you will have a wonderfully happy and prosperous life.

  Love Always,

  Granpop

  Jeremy had tears in his eyes as he read the letter again. It was the only thing that he had that was written by his great grandfather.

  He dialed Lindsay Carter’s number. “Carter.”

  “Hi, it’s Jeremy,” He said somberly.

  She detected there was something wrong. “What’s wrong?” she asked.

  “I have a package that you need to see,” he said. Jeremy went on to explain what he had.

  “We have to get that to Detective Kragen,” Lindsay said. “I am going to call him and I will call you back.”

&nbs
p; Chapter 52

  Steve Magon was intrigued by the case in front of him. The next day he called Jim Alberts, the man who helped Barton Edmunds prepare the report.

  “I know that the point of this is to exonerate your client.” Magon said. “I found a bootprint on Shelly Davenport’s neck and I sent all of the footprints off to the lab to be analyzed.”

  “Do you believe that the boot print belongs to Edmunds?” Alberts asked.

  “No, I don’t. Tell me your thoughts on the other evidence you have in your file,” Magon said.

  “I don’t believe the window evidence. It was a key part of the prosecutor’s case,” Alberts said. “I went to the property at the time Edmunds said he saw part of David Davenport’s body and I could see through the window if I cupped my hands to the window. That was what Edmunds said he did. It isolated the glare and I could see inside of the room.”

  “I am calling the Dorans today to get permission to take a look at the property,” Magon said.

  “The house is no longer there,” Alberts said. “I don’t know that there is a way to prove that any longer.”

  “I would still like to talk to them about the affidavit they signed.”

  “I’ll help in any way I can,” Alberts said.

  “Could you ask your client if he remembers Bing Taylor, Tim Herron, or a woman named Ellen something?” Magon said.

  “I know that he knows who Bing Taylor is. He worked with him. That was a lead that the police really didn’t make much effort to follow up on,” Alberts said.

  “Well, see if you can find out about the other two, will you?” Magon asked.

  “You bet,” Alberts said. “Thanks for the help.”

  ***

  Kragen tapped on Carver’s office door. “The P.I. from L.A. called.”

  “Anything good?” Magon asked.

  “Yes, a package from the David Davenport’s grandfather that points the finger at Martin Van Buren for my murders,” Kragen said.

  “It’s the real thing?” Magon asked.

  “I haven’t seen it yet but, she seems to think it is,” Kragen said.

  “It will be hard to convict on an old letter,” Magon said. “Where was this thing found?”

  “On the property in Shandon,” Kragen said.

  “Before it burned down?” Magon asked.

  “No, it was found in the tack room, in the barn that only partially burned,” Kragen answered.

  Magon opened the Davenport file on his desk. “Do you have a minute to sit down?” he asked Kragen.

  Kragen sat in the chair in front of Carver’s desk. Magon opened the file and started handing Kragen crime scene photos. “Does this home look like it was ransacked to you?” Magon asked.

  “Yes. Do you know what the killers were looking for?” Kragen asked.

  “The detective said that the perps stole drug money. There was one hundred and fifty dollars that wasn’t found at the time of the investigation,” Magon said.

  “So how did they know the money was missing?” Kragen said.

  “They didn’t. I think the detective made it up,” Magon said.

  “Do you think this package was what the perps were looking for?” Kragen asked.

  “I think that theory is worth taking a look at,” Magon answered. “Can I see the package when you get it?”

  “Yes, Lindsay Carter is bringing it to us later today,” Kragen said.

  “Great, I’d like to meet her too,” Magon said. “Paul Davis mentioned her when I talked to him.”

  Chapter 53

  Barton Edmunds made his weekly phone call to Jim Alberts. Before his parents passed away, his phone call had always been to them. His call to Alberts was a painful reminder that he had no one left in his life.

  “Listen Bart, there is a police investigator that is taking a look at your case. Do you remember a guy named Tim Herron?” Alberts asked.

  Bart was silent at the other end of the phone while he thought. “There was a guy named Tim who tried to get a job at the ranch. He showed up with Bing Taylor a couple of times.”

  “When was this?” Alberts asked.

  “A couple weeks before it all happened,” Edmunds answered.

  “What about a woman named Ellen?” Alberts asked.

  “That doesn’t sound familiar,” Edmunds answered. “There was a woman who picked Bing up from work a couple of times. But I don’t think I ever met her.”

  “I’ll let this guy know about Herron,” Alberts said. “This cop who is following up on the case is having all of the evidence processed.”

  “Is this guy going to get me out of here?” Edmunds asked.

  “I don’t know. He’s looking at the file and that’s a start,” Alberts said. “I don’t want you to get your hopes up.

  “Hope is all I’ve got at this point. If I lose hope, I’ll die in here.”

  “We’ll keep trying,” Alberts said reassuringly.

  Chapter 54

  Lindsay Carter met Kragen at the Paso Robles Police Department at two thirty that afternoon. Kragen introduced her to Steve Carver.

  “I have a complaint from an inmate at Mule Creek that one of our detectives lied under oath,” Magon said. “It’s in connection with the Davenport murders.”

  “Then, Kragen has told you that the Doran family has hired me to find their granddaughter, Kelly,” Carter said.

  “I’m told that’s how you came to have this package,” Magon said.

  “Yes, Jeremy Davenport, the surviving child hired me,” Lindsay said.

  “Do you believe that Kelly Davenport is alive?” Carter asked.

  “That, I don’t know yet,” Carter responded.

  “How did Jeremy Davenport come to hire you?” Magon asked.

  “Well, initially, I approached him. I was hired by one of my husband’s clients to talk to a man she thought was stalking her.”

  “Was Jeremy Davenport the stalker?” Magon asked in a surprised tone.

  “Yes, he was. He had a picture of Kelly that he had an age progression done on. He thought Tracy McCarthy might be his sister,” she said.

  “The Olympic volleyball player?” Magon asked.

  “Yes, my husband is her agent,” Lindsay said.

  “What does she think about this assertion?” Kragen asked.

  “She doesn’t think it has any validity. She was raised by her grandparents,” Lindsay said.

  “Interesting,” Magon said. “May I see the documents that Jeremy found?”

  Magon looked at them for several minutes. “Do we know how David Davenport got these?”

  Kragen took the question. “When his grandfather died, a package was given to him by Beatrice Taylor, the grandfather’s attorney.”

  “Do you think this is the package?” Magon asked.

  “She said that whatever was in the package was something that David could use as leverage if his father tried to bully him into giving the ranch back,” Kragen said.

  “Then this could be what the killers were looking for when they ransacked the house,” Magon said.

  “If that’s the case, then Martin Van Buren would be involved in the Davenport killings,” Lindsay said. “Is that possible?”

  “Everyone involved says that there was political pressure to solve this quickly,” Magon said.

  “My impression from talking to Paul Davis was that the pressure was coming from the Davenports,” Lindsay commented.

  “So are you thinking that the Davenports killed their own son and grandchildren?” Magon asked.

  “I think it is a possibility that they had them killed by someone,” Kragen said.

  “Have you met these people?” Lindsay asked Carver.

  “No. I’ve heard of them by reputation,” Magon answered.

  “They firmly believe that their son and grandchildren were killed because David’s wife was selling drugs. They have sued the Dorans for the land in Shandon and told stories in family court that kept Jeremy away from the Dorans,” Lindsay said passiona
tely.

  “But we are accusing them of killing their own child and grandchildren,” Kragen said.

  “You mentioned Beatrice Taylor,” Magon said. “Isn’t there a Bing Taylor mixed up in this Davenport case?”

  “Yes, Bing Taylor was Beatrice’s brother. He disappeared after the Davenport killings and was found dead ten days later in Tehachapi,” Lindsay said.

  “He was the ranch hand that was never questioned,” Magon said. “When I talked to Paul Davis, he said that there were other people they wanted to question that disappeared at the time but, he was getting pressure to let it go.”

  “Any names you can share?” Kragen asked.

  “Tim Herron and someone named Ellen.”

  “Well, I don’t mean to overstep here but, someone needs to verify that these are the documents that the attorney passed on to David,” Lindsay said.

  “Good point, I’ll take care of that,” Kragen said.

  “Now, I talked to Darla Van Buren’s sister for you,” she said to Kragen.

  “I remember that. She was sure that the judge had killed her sister,” Kragen said.

  Magon was confused. “Another murder by Van Buren?”

  “It wasn’t ruled a murder. It was an accident,” Kragen said.

  Lindsay interrupted, “The point is that Cammie, Darla’s sister said that someone showed her evidence that Martin killed someone. She said that it lead to more murders. Darla Van Buren was blackmailing Marty with this information during their divorce.”

  “So you are saying that Darla Van Buren knew about this package?” Magon said. “How did she get it?”

  “Maybe David showed it to her,” Lindsay said.

  “Can anyone prove that?” Magon asked.

  “Maybe we need to talk to Cammie again.”

  “She’s in L.A. can you take care of that?” Kragen asked.

  “She’s eager to help. I’ll do it when I get back,” Lindsay said.

  “What about the complaint you’re working on?” Kragen asked Carver.