Imperfect Defense

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by Gregg E. Brickman

"Please wait a minute," Franco said. He appeared to have regained his composure though he looked hostile.

  "Hold up, gentlemen," Ray said.

  Franco approached. "Gabe, I'll have our attorney meet you at the police department. Meanwhile, keep your mouth shut."

  "I know that. I wasn't born yesterday."

  While the two uniformed officers helped Gabe into the back of their car, Franco turned and stomped back to the building's lobby.

  "Put him in an interrogation room. He can sit there until his lawyer arrives." Deg motioned to the officers to be on their way, then got into his unmarked vehicle.

  Ray and Deg returned to the station, but didn't join Gabe.

  Gabe's middle-aged lawyer, clad in a custom-tailored Armani suit, tracked them down two hours later. "William Court," the man said, extending his hand. "Counsel for Gabe Silebi. Tell me what's going on, please."

  A polite lawyer, Ray thought. This should be unique. He introduced himself and Deg, then took several minutes to review the charges. "Lastly, resisting arrest and battery on a police officer."

  "I'm sorry to hear that. How is the officer, may I ask?"

  "He's fine. Has a black eye and will have a sore jaw for a couple of days. The doc said there is nothing to worry about and sent him back on patrol. Your client is in interrogation room one. Do you know where it is?"

  "No, sir, I don't. My practice is in Miami."

  Ray pointed. "First door on the right. It's unlocked."

  "Video?"

  "It's available, but it's turned off. We pay attention to the law here," Ray said.

  "I'm sure you do, Detective."

  Ray noted a bit of wise-ass in Court's tone of voice. "Let us know when we can talk to your client. He clammed up immediately."

  "Good boy." Court went into the interrogation room, reemerging thirty minutes later. "He's all yours. I'll be sitting in."

  Ray and Deg joined the lawyer and the suspect. Ray took the lead. "I'll be taping this interview."

  "Fine," Court said.

  "Gabriel Silebi, may I call you Gabe," Ray said.

  "Yes."

  "We have reason to believe you caused your grandmother's fatal fall down the stairs and your grandfather's fall, too."

  "That's a lie. I had nothing to do with either accident."

  "That remains to be proven, I suppose. Tell me about the incident that occurred on January twentieth at your parents' home."

  "It's my home, too."

  "What happened when your grandmother went down the stairs?"

  "I don't know for sure. I was in my bedroom, which is down the hall from the room my grandparents used. I heard Grandma yell. I ran out. Grandpa was standing at the top of the stairs looking confused. He's blind. He didn't know what happened. I think he was trying to help her down the stairs and accidentally pushed her."

  "What do you base that on?" Deg said.

  "Grandpa is blind, but he still wanted to help with Grandma. She got really nuts and would fight him when she didn't want to do something. I'd heard them yelling at each other earlier. I remember telling them to be quiet."

  "Can you prove you weren't by the steps when she fell?"

  "No, but my parents can. They were standing there. They said they saw her fall, and the only one there was Grandpa."

  "What happened the day he fell down the same steps?"

  "My father told me to help him down the stairs. We were going to dinner at a Cuban restaurant, and he wanted to come along. I went upstairs and helped him get dressed, then guided him to the stairs. My father and mother were at the bottom, telling us to hurry. I told Grandpa to wait there a minute. I forgot my cell phone. I went back to my room, and he fell while I was gone."

  Ray and Deg covered the same questions a few more times, asking for additional details, and questioning his veracity.

  Gabe said, "You keep throwing me the same questions. I answer them. It isn't going to change."

  "Gentlemen," Court said, rising to his feet. "This is enough. Charge my client or turn him loose."

  "We're going to hold him for battery on a police officer for the time being. You'll be the first to know when we add on other charges."

  After Gabe was officially arrested and incarcerated and the lawyer left, the detectives reconvened near their desks.

  "Do you want to question the Silebis tonight?"

  "No," Ray said. "They can worry overnight."

  CHAPTER 33

  Ray

  Ray called into the department a few minutes after waking on Saturday morning. He wanted to know if Gabe Silebi was okay and if he'd caused any trouble. Ray learned Gabe parked himself on a bench and focused his eyes on the floor by his feet. An effective way, he imagined, for a well-dressed pretty boy to survive the night in jail.

  Ray and Deg knocked on the front door of the Silebi residence around eight o'clock.

  Melinda opened the door. Her bloodshot eyes darted over their faces, then scanned the walk and driveway. "Where is my son? What have you done with him?"

  "Gabe is in a jail cell on the first floor of the police department," Ray said. "He behaved himself during the night and was fine when I checked on him an hour ago."

  Melinda's face relaxed a bit. "I want you to let him go."

  "Can't do that, ma'am," Deg said. "Your son is charged with battery on a police officer and resisting arrest. Later today, we'll add a count of battery, this time on an elder, and another of homicide."

  Ray motioned toward the entry foyer. "May we come in? Your son said some things he believes you will verify."

  Franco approached from around a corner, took Melinda's arm, and guided her away from the doorway. "Come in, please."

  The detectives followed the couple to the living room. Ray selected a chair facing the sofa.

  Franco sat Melinda on the sofa across from Ray, then sat beside her.

  Deg, who stood to the left of Ray, said, "Mrs. Silebi, where can you and I talk?"

  She reached for Franco.

  "Just tell the officer the truth, Melinda." Franco turned his gaze to Ray.

  After Deg and Melinda left the room, Ray leaned forward in the chair. "Mr. Silebi, tell me what happened on the day your father-in-law fell down the stairs."

  "There isn't much to tell. We—Melinda, my son, and myself—were waiting for Ralph to come downstairs. We were going to dinner, and he wanted to go along. I saw him misstep at the top of the stairs, then he took the tumble."

  "Show me the stairs," Ray said. This version of the story was different from Gabe's, which had Gabe upstairs in his bedroom.

  Franco led the way.

  Ray climbed to the top, inspected the carpet at the head of the stairs, then the walls. He went down and motioned to Franco to return to the living room. "I didn't notice any evidence of a safety gate."

  Franco frowned. "There wasn't one. Ralph lived up there for ten years. He knew the layout as good as the back of his hand."

  "Don't you think a gate would have been safer?"

  "In retrospect, yes. But, we've been over this with the people from Adult Protective Services. Don't you communicate between agencies?"

  "We do. I understand your father-in-law will be housed elsewhere so that his safety can be guaranteed."

  "It's crap, but easier than fighting with them."

  Ray decided to let it go for the present and move on. "Tell me about the day your mother-in-law took her fatal fall down the same steps."

  "I didn't see what happened. However, Melinda said Ralph was trying to help Lorraine. She got feisty with him, he defended himself, and she fell."

  "What you're saying is Ralph caused the fall?"

  "No, I'm not saying that at all. Lorraine caused the fall. Lorraine's Alzheimer's caused it. Ralph couldn't see and was too feeble to catch her."

  "Again, I have to ask about the safety of the arrangement. Two disabled people on the second floor, without a gate or a guardian."

  Franco's eyes flashed with anger. "Regrettable, yes. Purposeful
, no."

  Ray didn't feel like he was getting anywhere. He thought Franco resigned the two incidents to the shit happens column and moved on without regard to the truth.

  Deg came into the room. "Come outside with me."

  Ray and Deg went outside and stood in the middle of the driveway, well out of the Silebis' hearing range. They'd left the front door partially open.

  "What's up?" Ray said.

  "I'm getting a rehearsed story. Sounds like it's been drilled into her."

  "What did she say?"

  Deg repeated her comments, referring to his notes as he progressed.

  Ray said, "That's exactly what Franco said, almost word for word."

  "I wonder who they're protecting."

  "The son. Ralph's a good historian, and the physical evidence supports his version. I'm inclined to believe the victim."

  "I think we need to stay on course with their kid," Deg said.

  "Agreed."

  They reentered the house and found the couple seated side-by-side on the sofa. The detectives didn't sit.

  "We have several issues with your version of the falls." Ray looked from Melinda to Franco. "And what you've said contradicts the findings of the medical examiner."

  "When will you release Gabriel?" Melinda said, her voice a whisper. Tears flowed.

  "We won't at this time. We'll be pursuing the homicide and battery charges later today."

  Franco stood. "Detective Stone, Detective Lewis, we lied. We were trying to protect Gabe and me at the same time."

  Ray's thought processes recoiled at the unexpected disclosure. "Sit down, Mr. Silebi." He set his cell phone to record and issued the revised Miranda warning. "Do you understand your rights?"

  "I do."

  "Now, tell me this version of what happened."

  Silebi ran his hand through his white hair, making it stand on end. "It's simple. Lorraine became a problem. She grew more combative every day, beat on Ralph, threw herself to the floor, attacked Gabe and Melinda. On the day she died, I'd gone upstairs to bring her down. We were going to take her to a home. She fought me and tumbled down the stairs. It was an accident."

  "Why didn't you grab her and prevent the fall?" Ray didn't believe the confession. He thought it too rehearsed.

  "I don't remember. I was angry."

  "Why didn't you report your role in the incident?"

  "I was afraid it would look like I did it on purpose, so we just said she fell."

  Ray leaned closer to Franco. "The evidence doesn't support your story. Lorraine was grabbed. What really happened?"

  Melinda took Franco's hand. "Please don't say any more."

  "I repeat," Ray said, "Tell me what really happened, or we'll pursue the charges against your son, and he'll spend the rest of his life in prison at the very least."

  Franco took a deep breath, then moved a few inches away from his wife. "She pushed me over the line, and I shoved her down the steps. I didn't mean to hurt her. I lost control."

  Ray made a mental note to return to that point when Melinda wasn't present. For now, he needed to move on. "What happened with Ralph?"

  "He wouldn't let up. He didn't see me push her, but he knew. He made accusations. Threats to call the police. When he wouldn't stop, I pushed him, too."

  "Mrs. Silebi, do you have anything to add to what your husband told us?"

  Shaking and crying, she said, "Franco, you didn't have to say that. Why did you say that? You promised. You promised. Oh, God, what am I going to do without you?"

  ***

  Ray dragged into the house after eight that evening. It had been a long day. The judge had released Gabe on his own recognizance, then refused bond for Franco. Deep inside, Ray felt Gabe was by far the greater risk to society. There was something about the man that didn't set right. Something off. Self-serving at best, evil at worst.

  For the moment, however, he set it aside, and pulled Sophia into his arms. She smelled of shampoo, mint, and flowers.

  "You had a bad day," she said, tugging his hand and pulling him toward the sofa.

  He sat and Roxy sprang into his lap, showering him with sloppy kisses and wiggly hugs. Sophia followed the dog's example, but she didn't lick his face or rub her back end across his chest. He laughed, cradling his girls in his arms.

  "You hungry?"

  "I could eat." He started to stand.

  "Stay there and appease the little girl. I'll have dinner on the table in a few minutes. It's all ready."

  Ten minutes later, Sophia lifted the sleeping dog to another spot and nudged Ray awake. "Dinner is served."

  Over bowls of steaming stew and hunks of crusty bread, Ray related the events of the day and his uneasiness with the outcome.

  "Know what I think?" Sophia sipped her wine.

  "I suppose you're going to tell me." He smiled to gentle his words.

  "I think that Franco is covering for Gabe."

  "Why do you think that?"

  "First, Ralph was very clear about who pushed who."

  "And?"

  "To me, it goes back to the whole image thing that family has. Think about how Melinda is accusing me of reporting the suspected abuse of Ralph because I want to show her up and destroy her professional image. I don't know why I'd want to do that, but it's apparently reasonable to her. I think it's beyond Melinda and Franco to cope with the idea Gabe is a murderer and abuser of old people. His own grandparents, for God's sake. I think they've justified Gabe's actions in their minds, and it's more acceptable to them for Franco to end his life in jail than for that to happen to Gabe."

  "You make a valid point. We're a long way from anyone staying in jail for the rest of their lives. I'm hoping cooling his heels there will help Franco reconsider his story. Maybe his third version will be the truth."

  CHAPTER 34

  Sophia

  On Saturday morning, Sophia snuggled with Ray, enjoying their morning time, which was rare given his early bird tendencies. They both had to work, but she needed to be in two hours before he did.

  "You better roll out of this bed." His voice was deep, soft, and sexy.

  She didn't want to leave. "Crap." She planted one last kiss in the vicinity of his mouth and scooted to the side of the bed. "Damn, it's six-fifteen. Gotta go."

  He sat on the side of the bed, then stood. "I'll make coffee for your travel cup."

  "You going to feed Roxy and walk her?"

  "Of course."

  Sophia showered and dressed in a hurry, grabbing the next set of scrubs in the closet—pink background with white-striped trim. She didn't like the design all that much, but the price was right when she found them in the flea market. Remembering how cold it was at work the previous day—the hotter it gets outside, the colder it gets in the ED—she grabbed a clean lab coat, too.

  As she stood in the kitchen loading her pockets with work essentials—she had not restocked her locker since the break-in and had quit carrying a purse to work as well—Ray poured her coffee.

  He looked her over, then handed her the Sig. "Don't forget this. I have an uneasy feeling about the whole Silebi deal, and we still haven't identified your stalker."

  "Right you are." For lack of a better place to put the gun, she slipped it into the pocket where she usually stored her keys and buttoned the flap. It was halfway down her left calf. "All set." She squatted next to Roxy, accepted good-bye slurps, and administered a Boston terrier-sized hug.

  Ray walked her to the door, "I love you. Be safe." He kissed her with enthusiasm, then chuckled when she clung to him for an extra second.

  "I wish you wouldn't do that as I'm leaving."

  "Just want you to remember why you're going to hurry home."

  The garage was dark as night. The ceiling light came on when she pushed the garage door button. She hopped into the MINI, backed down the driveway, and headed toward work, still a bit fogged from sleep. She hadn't taken the first sip of coffee yet.

  Finding the cup in the dim car, she raised the fli
pper on the top, and lifted it.

  A tap on the bumper jarred her, splashing the scalding coffee up against her lip.

  "Shit." It burned. She set the cup in the holder and looked into the rear view mirror.

  A dark-colored car without headlights smacked her bumper again and again, getting harder each time. Then the idiot pulled alongside. Her mind raced.

  Sophia couldn't see the driver's face, but saw hands move on the steering wheel a second before the car slammed into the left side of the MINI. She hit the accelerator, trying to speed up and get ahead, but the car stayed with her.

  Next, she slammed on the brakes. The car corrected and whacked her again. Each assault pushed her further to the right. With a tree in the way, she had no choice but to stop. She put on the brake and slammed her hand on the horn, blasting a distress call to the sleeping neighborhood.

  Before she could grab the Sig from the buttoned pocket with her shaking hands, something crashed into the right window, which burst inward. A man's gloved hand reached toward the lock.

  The closest thing was the coffee. She picked it up, ripped off the lid, and threw the steaming contents on the intruding bare arm. The man cursed and withdrew. She went back to trying to retrieve her weapon, but failed.

  The hand reappeared, holding a huge gun. She caught her breath. "What do you want?" What was even scarier than the gun, and her trembling hands, was the fact her assailant's hands shook as well. She assumed she'd made him real mad with the coffee stunt.

  "I want you, bitch. You caused me all kinds of trouble."

  "I don't even know who you are." She tried to stall for time, hoping to get to the Sig. She slid her left hand down her leg, but still couldn't manage the button, and with the steering wheel in the way, couldn't bend to get a better angle.

  "Get out of the car. Now. Do it now." He didn't raise his voice, but his gruff whisper left no doubt compliance was expected.

  Sophia did. The man she recognized as Gabriel Silebi was at the driver's side door before she stood.

  "I know you. You're Gabe Silebi. Why are you doing this?" She scanned the houses around them. There were no lights in any of the windows.

 

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