The Discovery - 33. Chapter 33

Judge Schumer took his seat at the bench and everyone in the room followed suit before he spoke. “The court would like to thank the jury for being patient with the delay in these proceedings. Mr. Howard, is the defense ready to proceed?”

Kyle rose from his seat and replied, “we are, your honor.”

The judge nodded in approval. “You may call your first witness.”

“Defense calls Seth Peterson to the stand.”

An unassuming man rose from the gallery and silently made his way to the witness stand. He was given the oath of affirmation before taking his seat on the stand before Michelle moved around the table and walked up to the podium to begin her questioning. “Good morning, Mr. Peterson. For the record, can you state your name and your occupation for the court?”

The man leaned forward towards the microphone in front of him and replied, “My name is Seth Allen Peterson. I own a business called ‘Peterson analytics.’”

“What kind of business is that exactly?”

“It’s a computer forensics company. We take raw data supplied to us by a client and basically return it into an understandable form of information.”

Michelle glanced at the jury to make sure they understood. “Why is something like that important?”

The man explained, “in most companies which deal with things like computers, cellphones and other data and communication devices, they store data for a set number of years. After a certain point, they do what is called ‘archiving’ the data which basically turns it into simple code and numbers. Typically, it’s done when a certain computer code is no longer in use and what information that exists in the old code is no longer compatible with the new system. So, it’s archived and stored.”

“So, it’s just old files that the company deems irrelevant?”

“Exactly,” he nodded. “Most companies that deal extensively with software like banks, communications companies, or any other company that relies heavily on computer data.”

Seeing that the jury was attentive to his words, Michelle allowed herself a small smile before she got the crux of his testimony. “Mr. Peterson, several months ago, our law firm hired you to work through some data we received as the result of a subpoena this court issued to several phone companies. Can you explain to the jury how you went about translating all the information you were supplied into its original format?”

Kyle sat back and did his best to focus on both the witness’s answers and how the jury was reacting to them. One of the reasons he employed this particular person for the task of taking all the phone data from everyone’s phones from the night of Sharon’s death was not only because of the quality of his work but because of how well he could take complex explanations and boil them down to a level that anyone regardless of how well or how little they knew computers could easily understand. It was also helpful that he had an engaging voice. Michelle was doing an exemplary job guiding the questions and making sure the jury was following along and following up on a statement made that someone seemed to not understand right away. In the end, the goal of this testimony was to make sure the jury believed and trusted all the evidence that they would be introduced to without questioning its validity.

During the time Michelle was going through all their questions his mind occasionally would drift back to the weekend and the emptiness that he still felt inside him. The funeral had taken up most of the day. After the service, he and the rest of the family went to the house and had a small private dinner his mother had catered. With most of the tears shed from earlier, there was precious little left to do other than to be together as a family and heal. It was not going to be a swift process. Even during the meal there were a few moments where he or one of his friends would have a breakdown. But there was no judgement or disapproval. Just quiet support that he knew they would all need before Time would eventually close the wounds that he and the others knew would never fully heal.

He was somewhat surprised to see a stranger in the house only to be introduced to Colt’s son. Kyle received him as warmly as he could and spoke for a few moments before Colt politely took his son to meet the others. The sweetest and also the hardest moment for him personally was when Stephanie sat Melinda on his lap. She was as pretty as her mother and had her father’s red hair. What made it hard was sitting there with the child on his lap and having the sudden thought that she would never know David. She would never know how excited he had been when he heard the news of her birth and how insistent he had been to go see the happy parents and see her with his own eyes. Kyle was almost sure there was a picture somewhere in the house of the moment though he didn’t know where it might be. He had held Melinda lovingly as he knew his father would have and ignored the tears that came to his eyes.

It came as a relief and regret that the day eventually ended. Everyone had to return to their lives and move on. Steph and Nate left first followed by Colt’s son. Eventually everyone went home with the final couple to leave was Helen and Al. Kyle had hugged her tightly and thanked her for everything she had done.

She smiled at her beloved son. “I will never be more than a phone call away, Darling. And when you get the chance, come visit us. It would do you some good to take a few days away from here.”

“I wish I could,” he replied with a sad smile. “There’re things I have to do here. I have an orchard to run now on top of everything else.”

Helen cocked an eyebrow and said gently, “Darling. Delegate. You’re not going to do this alone. He never did, despite what he might have wanted everyone to believe. You need time for yourself. Get through your trial and then come to California with Jacob and the children.” He nodded and told her he would find a way to manage it.

After she was gone, Kyle went back inside and spent the rest of the night with his children and his husband. Few words were exchanged, and they were mostly unneeded. He could sense when Jacob’s resolve would falter and would know to give him a touch or a look that would carry him through the moment. At the end of the night as they slipped into bed together and held each other until sleep blessed them. The day after was easier and Kyle informed Jacob of his intention to continue the trial the next day. Jacob looked at him without any concern or objections. All he did was remind Kyle, “I’ll be here when you get home.”

For a moment earlier this morning he entertained the idea of leading the questioning himself today if only to prove to himself he could do his job while also dealing with the gaping chasm inside him. Good sense eventually vetoed the idea, knowing that this trial was not about his vanity or proving himself. It had been planned for Michelle to lead the questioning of this witness with her previous trial experience. To suddenly decide to change plans at the last moment would have been foolhardy and probably caused problems, not the least of which would have been leaving Michelle feeling she was not capable of doing her job. Kyle did not need to get involved in these moments of the trial. When his time came, he would be ready to do his job and see this to the end.

Michelle spent a total of two hours with Peterson on the stand before she was finished. While his testimony may have been overly detailed, it was necessary to be as thorough as possible so that the prosecution had very few holes to poke through and raise any doubts. Their efforts were rewarded when the judge asked Jensen if he wished to cross-examine the witness, he declined. Kyle’s expression did not change but inside he celebrated it for the victory that it was. As far as he was concerned, they were half-way to Josh’s acquittal.

After Peterson returned to the gallery, Kyle rose and said to the judge, “defense calls Dr. Anton Forrest to the stand.”

After the witness was sworn in and seated, Kyle took his place at the podium. “Dr. Forrest, how long have you been an attending physician?”

“I’ve been a practicing physician at West Penn Hospital for fourteen years.”

“Six years ago, you saw Joshua Carter as a patient?”

The doctor smiled slightly and shrugged. “More than likely. I believe you are referring to the incident that precedes the night in question.”

“Yes, sir,” Kyle confirmed. “The afternoon before, according to his medical records. There is an accident report and a record of his visit to the hospital where you were the doctor that saw him in the emergency room.” Kyle stepped over to the evidence table off to the side and retrieved a folder before returning to the podium. He looked to the judge and asked, “approach the witness, your honor?” When the judge granted the request, Kyle stepped towards the witness stand and handed the folder to the doctor. “Dr. Forrest, can you read your notes aloud to the court?”

The witness opened the folder and scanned through it to his notations. “’Patient suffering from severe bruising of the spine. X-rays show no fractures or hernia present. Recommended treatment is standard pain suppressant for three days and check-up in four days.”

“Thank you, doctor.” Kyle stepped closer to look at the file himself. “You did not prescribe a standard drug after that, did you sir?”

“No,” the doctor replied.

“Why not?”

The doctor frowned slightly. “Mr. Carter said he was a recovering drug addict and did not want anything that could hinder in his recovery.”

Kyle smirked slightly as went back towards the podium. “He didn’t want to run the risk of getting hooked on drugs again, is what you’re saying?”

“Correct,” the doctor replied with a nod.

Kyle’s hands waved slightly. “Was he alone in the emergency room?”

“No. His girlfriend was with him.”

Kyle nodded. “Up to that point, doctor, had you worked in the emergency room at West Penn or any other hospital in the past?”

“Yes, I have.”

“Did West Penn or any of the other facilities you practiced medicine in ever give you… I don’t know… pointers on how to spot any potential abuse or anything that might seem odd outside of the bounds of your medical training?”

“Yes,” Forrest answered. “We are trained to look for odd behavior or anything that would suggest there might be a domestic abuse case on our hands.”

Kyle smiled slightly. “Warning signs. Possible bruises or weird quirks that could potentially tip you off that there is something wrong between a patient and their significant other?”

“Exactly.”

“Thinking back to Josh and his girlfriend, do you remember seeing anything odd or any warning signs?”

Doctor Forrest shook his head. “Not at all. She was very attentive and caring for him. She even suggested he at least entertain the idea.”

“If you didn’t give him the standard prescription, what did you ultimately give him?”

He glanced down at the page in front of him before answering. “Doxepin.”

“And what does that so exactly?”

“It’s a drug used to treat anxiety or depression but can also be used as a sedative in certain dosages.”

Kyle nodded. Glancing over at the jury, he realized they were curious but uncertain about what he was saying. “So, at a certain amount, it will knock someone out for a while.”

“Yes. Normally, it works at three milligrams. But he was given a single dose at seven milligrams.”

“Why so much?”

“He insisted that all he needed was to sleep it off for a day or two and that he didn’t want anything more than that. I offered enough for two days, but he only wanted the one pill.”

Kyle nodded. “So that’s what you did?”

“That’s what I did. I also encouraged him to contact the hospital the next day for a follow-up.”

“At that dosage, you were confident that it would do what Mr. Carter had asked?”

“Oh, absolutely,” he replied. “It’s pretty strong stuff.”

“Side effects?”

The doctor paused before he answered. “Confusion, drowsiness, behavior changes…”

Kyle swiftly shifted tact. “Confusion, as in hard to concentrate in a stressful situation?”

“Yes.”

“Would drowsiness affect speech or cognitive ability?”

“It could.”

Kyle went back to take the file from him and returned it to its place with the rest of the evidence and picked up another piece of paper before returning to the podium. “Doctor, the police on the scene described Mr. Carter as having a vacant stare, slurred speech and an appearance of someone who was confused. Does that sound like potential side effects of the drug your prescribed?”

The doctor nodded. “Yes. Given the situation described at the crime scene, I would say it would be a typical response.”

“Doctor, when did you prescribe this drug and send Mr. Carter and his girlfriend on their way?”

“I think I saw in the file sometime around six o’clock.”

Kyle went back over to the table to reexamine the file. “Not bad, doc. Six-o-three.” He returned to his place and asked his last question. “Given the dosage, Josh’s height and weight, how long would the drug have kept Josh sedated?”

The doctor shrugged. “Most likely anywhere between ten and fifteen hours.”

“According to the coroner’s report, Sharon died around eleven thirty that night. Does that add up?”

“Even if he took the medication as soon as he got it, he would not have woken up until long after that. Six or seven the next morning.”

“He called 911 at seven fifteen that morning.”

The doctor nodded. “That would match up with the effects of the drug.”

“Thank you, doctor. No further questions.” He turned and went back to his seat.

Adam Jensen nearly shot out of his chair and quickly stepped up to begin his questioning. “Doctor, how did Mr. Carter obtain the Doxepin?”

The doctor frowned in confusion. “I prescribed it.”

“I know. What I mean is, how did it get into his hand? Did you give it to him or did he go to the local pharmacy to get it?”

“Since it was a single pill, we got it from the hospital pharmacy, and I gave it to him.”

“And you gave him instructions on how to use it?”

“Yes. And safety warnings as well about side effects.”

Jensen nodded as if expecting that extra bit of information. “And when did he take it?”

With a shrug, the witness answered, “I would assume soon after he got home. That’s what his plan was.”

“But you didn’t see him take it?”

“No, I didn’t.”

“So, for all you know, he could have sold it on the street.”

Kyle frowned and stood up. “Objection, your honor. Mr. Carter has no prior history of selling drugs and to infer so in the presence of the jury is prejudicial and borderline defamatory.”

The judge frowned. “The objection is sustained. Mr. Jensen, stick to the crimes related to this trial and not to any invention of possible crimes.”

Jensen almost glared at Kyle for his dramatics. “Apologies, your honor, I’ll rephrase. Doctor Forrest, did you witness Joshua Carter put the pill in his mouth and swallow it?”

“No, I did not.”

“Then you don’t really know if he took the doxepin, do you?”

“No.”

“Thank you.” Jensen smirked and asked another question. “Now, about these side effects. Let’s just say that he may have actually taken the drug. You mentioned behavior changes as a possible one. What would that entail?”

The doctor was unsure of how to answer. “Well, it would depend on the patient. If a patient exhibited signs of schizophrenia or any other mental instability, then yes, they could be susceptible to extreme mood swings, but it’s very rare in any other patient.”

“Very rare, but not totally impossible?”

“No, I guess not.”

“Could it lead to outbursts of violence?”

“Unlikely but possible. Suicidal thoughts are also a rare but potential side effect. Same with depression.”

“But still possible.”

“Yes.”

“Could the changes lead someone to be so violent as to kill someone?”

The doctor frowned at the prosecutor. “In my fifteen years of practicing medicine, I have never seen anyone behave in that way. Anyone with the simplest of screenings would be ruled out of being allowed to be administered the drug, especially at such a high dosage.”

Kyle held his anger in check. He expected the first line of questioning, but this new strategy of attack made him want to punch Jensen.

With a final nod, Jensen said. “Thank you. No further questions, your honor.”

Before the judge could speak, Kyle stood up. “Redirect, your honor?”

The judge sighed and nodded. “Very well, but keep it brief.”

Kyle stepped back up and asked, “Doctor, have you treated many patients with drug addictions?”

“Unfortunately, yes.”

Kyle was guessing and grasping for a potential thread that could negate Jensen’s hard work. “When they come in with injuries that are similar to Mr. Carters in respect to the amount of pain that they are in, so they demand Doxepin?”

“No.”

“What do they ask for?”

“Fentanyl, Vicodin or Oxycodone.”

“Why those?”

“They’re all narcotics. Doxepin is not habit forming.”

“You offered Mr. Carter an opioid at first, didn’t you?”

“I did.”

“And he said he didn’t want that. He would have taken anything but that, isn’t that right?”

The doctor nodded. “Yes. He was very adamant about it.”

“So, doctor, would it be reasonable to say that, if he was that adamant about not taking a narcotic because he was a recovering addict and did not want to take the chance to fall back into addiction, that he would have taken the non-addictive drug that you gave him to alleviate the pain he was in?”

“I would say so.”

“And, just so we’re clear, Sharon was totally supportive of him from your assessment?”

“Definitely.”

Kyle had the presence of mind not to grin or smirk in pride at his accomplishment. “I would say that sounds like a responsible person, wouldn’t you agree?”

The doctor shrugged. “I would be left with that assessment, yes.”

“Thank you. No further questions, your honor.” Kyle returned to his seat. He knew what happened today by itself was going to set Josh free. But he was well on his way to a victory.

****

Andy walked into his home after a long day. It had been a typical Monday with the exception of Sam dropping the news to Troy that he was going to fully retire at the end of the week. He gave no explanation though he and Troy knew it was a result of losing his best friend. There would be paperwork to do, and Troy fully expected Andy to move into his role as general manager. It was not unexpected, yet Andy was still caught off guard by the news. Perhaps the best thing about the news was that it helped keep his mind off of the other big change in his life. There had been too many changes in the last year for his liking.

He walked into the kitchen and saw Brian standing at the sink, washing dishes by hand. Andy groaned inwardly, knowing that that could only mean something happened. “Hey,” he said as if everything was normal when he knew everything was anything but normal. “How was school?”

“Fine,” Brian answered without turning around.

One side of his mouth lifted in a half-smirk as he stepped up behind his husband and wrapped his arms around him. “You don’t sound fine to me,” he said softly.

Brian stopped what he was doing and stood there, letting himself rest his back against Andy. “You need to talk to Tanner.”

“Uh, oh.” Andy sighed. His oldest son had been unusually quiet the last couple days. He had written it off as just regular grieving like everyone else was dealing with, but from Brian’s tone, he suspected it was a little worse than just that. “What did he do?”

“He punched a kid,” Brian informed him.

Andy groaned. “Please tell me he didn’t get expelled.”

“Oh, no,” Brian said with a little more irritation in his voice. “He was smart enough to not do anything like that until he was in the car on his way home from school. The kid’s mom called me and told me what happened. She’s the witness since it was her van they were in when it happened.”

“Where is he now?”

Brian nodded his head towards the stairs. “Up in his room.” His voice hardened slightly as he added, “I told him to wait there until you got home.”

The tone in Brian’s voice suggested there was more to it. “You sent him to his room? That’s a first.”

Brian finally turned in Andy’s arms to look in his eyes. With eyes of blue fire, he told Andy, “Yeah and he told me I couldn’t tell him what to do before he stormed up there and slammed the door shut.”

Andy frowned and nodded. “Okay. I’m sorry he said that. And before we’re done tonight, he’ll be telling you the same thing.”

Brian closed his eyes and sighed, quelling the anger inside him. “I understand he’s going through a lot right now. But he needs to understand we’re all going through it.”

“I know.” Andy leaned in and kissed his lover gently on the lips. “I’ll go up there now.” He went up the stairs, keeping his own anger in check because it was not going to solve the dilemma he was going to have to face. When he reached Tanner’s bedroom door, he knocked first before opening it up. His son was sitting on his bed with his back against the headboard. Wearing a pair of shorts and a tank top, the teenager’s arms were crossed over his chest and his eyes glared at nothing.

Tanner’s eyes flicked up towards the door but the smoldering anger on his face didn’t dissipate as his eyes returned to the spot at the end of his bed. “What?”

Andy wanted to get mad but knew that would be giving into Tanner’s expectations. He closed the door behind him before moving to sit at the edge of the boy’s bed. When he spoke, it was with the air of a father wanting answers but softened slightly to show his concern. “I hear you had an eventful day.”

With a sigh, Tanner turned his head towards the bedroom window. “You could say that,” he mumbled.

With a sigh, Andy pressed on. “What happened on your way home from school?”

Tanner kept his eyes on the window as a feeling of guilt started to grow inside him. “Nick Justman’s mom picked him, me, and Chase up from school. The three of us were in the back and… well, I guess Chase had his hand on mine while his mom was driving us home. Nick noticed it and started to laugh. I asked him what was so funny, and he pointed and asked us if we were dating.”

His son paused and Andy closed his eyes and rubbed his forehead. “Go on…”

Remembered anger marred Tanner’s face as he said, “I told him to shut his… his f-ing mouth or I was going to put my fist through it.”

Andy had to put his hand over his mouth to hide the knowing smirk as he chuckled quietly. “Uh, huh. I’m sure that was well received by him and his mom. So, when did you punch him?”

Tanner’s eyes lowered as he mumbled softly, “I don’t remember what happened next. He said something and I just kind of snapped and I punched him hard in the face. His mom started screaming. She pulled over on the side and told me to get out. Chase came with me and texted his mom he was walking home. He was upset and a little pissed at me for punching Nick.”

“How far did you have to walk to get home?”

He shrugged. “I don’t know. I was just walking until I got here. Now I’m in trouble. Chase is mad at me because he hasn’t texted me back since I got home. And when Brian got home, he was mad and that just made me angrier.”

“And you took all your anger out on him, from what I heard,” Andy said with a frown when Tanner braved to look over at him.

Tanner’s head lowered in shame. “Yeah. I’m sorry.”

“Don’t be sorry to me,” Andy replied. “Be sorry to your stepdad.” Tanner buried his head in his hands. He moved closer to his son and put his arm around Tanner’s shoulders. “It’ll be okay. This is just a mistake. We all make them.”

When he managed to speak, Tanner’s voice was filled with guilt and remorse. “I don’t know why I got so angry. It’s stupid.”

“Yeah, it was stupid,” Andy answered back. “But… you’re growing up and your body is getting flooded with all sorts of chemicals and your brain is having a hard time coping with all of it. That’s what puberty is all about. And I hate to tell you, but this is just the beginning.” He gently pulled Tanner closer and added in a softer voice, “not to mention you had a really sucky weekend.”

Tanner leaned into the hug as tears rolled down his face. “I’m sorry, Dad.”

Andy wrapped him up in his arms and held his boy tight. Throughout the weekend, Tanner had remained stoic and silent through most of it, only speaking when someone spoke first. Since learning of David’s death, he had held back his own grief for some unknown reason. “I know, baby. It’s okay.”

“I can’t stop thinking about him,” Tanner said with in a grief-stricken voice.

Knowing it could only help both of them, Andy allowed his own grief to tint his voice. “I know, sweetheart. I think about him too. That’s what happens when we lose someone we love. I’m sorry you had to learn that lesson so young.”

“When does it stop hurting?”

“Well, that’s the thing about what someone dies. We never really stop hurting. We just learn to live with it.”

Tanner looked up at him. “Really?”

“Yeah,” Andy said sadly. “It’s like when I got shot when I was in the war. It hurt like hell when it happened. Took months to heal and I still have a scar that’s never gonna disappear. It doesn’t hurt right now, but when I think back on when it happened, I can remember how much it hurt. When people we love die, it hurts like hell. Worse than being shot. But the wound isn’t on a leg or an arm. It’s in our heart. So, the pain and the tears are going to be around for a while. But eventually, it’ll heal, and you’ll go back to normal. But whenever you think about Grandpa David, even years from now, you’re gonna remember how sad you were and how much it hurt and even then, you’ll likely have some tears. But, in the end, it’ll be kind of like a good hurt. Because with that pain is also all the good feelings that came with knowing him and loving him. And you’ll remember how much he loved you. You just need to give yourself time to get through it, that’s all.”

Tanner cried quietly as he clung to his father. “When… when we were there… at the church, I went up to see him and he looked so different. I wanted to talk to him, but I couldn’t say anything.”

Andy’s heart ached with his own grief but more so for the pain his son was feeling. “What did you think about saying?”

“I just wanted to tell him… that I loved him. And that I missed him. I wanted to say how much I loved being with him when I was little. And how special he made me feel. I wanted to say a lot, but I couldn’t.”

“It’s okay, baby. Just because you couldn’t say it out loud doesn’t mean anything. You were saying the words in your heart, so I know he heard you loud and clear.”

The door opened and Blake’s head poked into the room with concern. “Tan?” He could hear his brother from his room and got worried. When he saw his older brother’s face, he rushed to join him on his bed. “Tanner, don’t cry.” He inserted himself in Tanner’s arms and hugged him hard.

Andy held both of his boys and gave them the comfort that he knew was the only real support he would be able to give them for the next few days. He leaned down and kissed the top of their heads, pulling them both closer to him. “I love you both. Grandpa loved you too and so do a whole bunch of other people. There’s nothing wrong with crying when your heart hurts. The sooner you cry it out, the faster you’ll heal.”

Tanner’s tears started to subside, feeling comforted by his dad’s words and his little brother next to him. “Dad, how do I make this all right?”

With a smirk, he replied, “well, first you go downstairs, and you tell Brian that you are sorry for talking back to him like you did. He loves you, so he’ll forgive you as long as you give him a hug and promise not to do it again. As for Nick and his mom, I’ll call his dad in a few minutes and talk to him and see how soon we can get an apology to them or if it’s necessary.”

“And Chase?”

Andy rolled his eyes. “I’ll text Troy. We’ll handle it. Just remember not to throw punches when you get angry.”

Tanner took a breath and let it out. The tears of his grief were drying, and he felt more like his normal self for the first time since the funeral. “Okay. I’ll try to remember.”

Andy cocked an eyebrow. “Try?”

With a grin, the boy said, “well, nobody’s perfect, Dad.”

He chuckled as he leaned in to kiss his son’s cheek.

****

Kyle arrived home from court right on time and headed inside. He moved through the kitchen determined to ignore that lingering vacant feeling in the house. A shower and catching up with Jacob and the boys were what he wanted more than in that moment. When he stepped into their rooms, he slowed his steps when he saw Jacob sitting on the couch with a faraway look in his eyes. “Hey, sweetie. How was work?”

Jacob turned and looked at him with a weak smile. “Not bad. How was court?”

“Can I be honest about it?”

His smile warmed slightly. “Well, yeah.”

Kyle broke into a grin. “It was damn near perfect.” He headed into the bedroom to get out of his suit.

Jacob rose from his spot and followed behind him. “Well, that’s good news. What’s the next step then?”

Kyle stepped into his closet and started to undress. “Next, I put Grant Dawson on the stand to testify about what he overheard at their parties and then Rodger to do the same.”

“Can I ask a stupid question?” He stopped in the doorway to the closet and watched Kyle’s body language. It was clear that he was animated about the results in court. He wished he could feel that alive right now.

“Jacob, you never ask stupid questions.” He started grabbing something to wear for the rest of the evening. “Whatever you want to ask, it’s not stupid.”

“Thanks. If you think you have enough evidence to point the finger at the other guy, why not just haul him up and start grilling him?”

Kyle smiled slightly. “Would be nice… The reason why we don’t is to establish the foundation of it first. I need to put people on the stand who are going to say, ‘it’s more likely so-and-so killed her, and I’ll tell you why’ to get the jury clued into it being more than just evidence.” He turned and started to walk past Jacob on his way to the bathroom. “I can’t expect the jury to just immediately jump to the same conclusion as the evidence. I need to set a pattern of behavior, witnessed by other people before he’s put on the stand. Then I hit him hard and don’t let up.”

“And then the jury will find Josh not guilty?”

Kyle stopped in his tracks and looked back at him. “Honestly? If I do my job right, if I get Dylan Goode on the stand and within a breath away from admitting he killed Sharon, the prosecutor will likely call an end to it and dismiss the charges.”

“That makes sense.” Jacob hesitated for a moment before he said in a more serious tone, “Uh, after dinner, Colt said he wants to talk to us privately.”

Kyle stopped and his shoulders slumped. He sighed and said without turning around, “that was faster than I expected. Okay. We’ll deal with it.” He closed the bathroom door and soon the sound of the shower could be heard in the bedroom.

Jacob returned to their sitting room and picked up an envelope from his drawing desk and went back to sit on the bed to wait for Kyle to finish up. There were still a lot of things to be done around the house and in the orchard. He did a casual inspection over part of the orchard in the morning, but he didn’t want to linger. There was a constant sense that he was not alone. It felt a little creepy and it was the first time he ever felt uncomfortable among the apple trees. He brushed it off as just his nerves. Everything changed in the last five days. This was just a new normal he would have to get accustomed to.

It was only a few minutes when the bathroom door opened and Kyle emerged, half dressed and rubbing a towel through his hair. He stopped and looked down at Jacob who looked like he hadn’t moved. The general air around his husband made him think there was more unpleasant news he did not know yet. “Jacob? Did I need to know anything else?”

He picked the envelope up from the bed and held it out. “We got this in the mail today.”

Kyle’s eyes went to the return address and stopped what he was doing. He dropped the shirt in his hands and the towel and joined Jacob on the bed. “Jason.” It was obvious there was a card inside and there was no use delaying it off so he ripped the seal and pulled out what he had been dreading would arrive at one point or another. A sympathy card. The front of was a simple “with deepest sympathy.” Kyle clenched his jaw slightly and opened it to see the inside. His eyes scanned the first few lines before he stopped.

Jacob put a hand on Kyle’s shoulder in support. “What does it say?”

With a sniff to clear his sinuses, Kyle opened his eyes and read the writing inside. “’Kyle, we are so sorry to hear about the loss of your father. While I didn’t know him that well, it didn’t take much to see how devoted he was to you and your husband Jacob. I know this is a hard time for you, but I know you will get through it. Cherish your memories of him and celebrate his life the way you know he would have wanted. We send our love and our thoughts to you and Jacob and the rest of your family. Jason and Drake.’” He swallowed and closed his eyes for a moment before commenting quietly, “that was nice of them.”

Watching Kyle silently work through his feelings, Jacob leaned his head onto his husband’s shoulder. “Yes, it was. We should call them soon and thank them.”

He turned his head to look into Jacob’s eyes. A smile slowly formed on his lips before lifting Jacob’s head and kissing him sweetly. “Let’s go make dinner.”

The couple put aside their problems for the time being and went to the kitchen. There were a few comfortable but silent moments between them before they relaxed and focused on being in the moment together. Smiles turned into conversations of past moments between them. A few soft laughs lifted the lingering shadows from their hearts. That there was something still missing in the house could not be denied, they chose to accept that it was going to be a part of them now and that emptiness was up to them to fill. Grief and tears were not going to make the situation better, but the love that they shared would be enough for now to replace what had been lost.

By the time dinner was ready, Jacob and Kyle were both in good spirits and sitting down their family. Conversation was small but remained positive. Colt was the quietest among them all and that was accepted by the other two men. They knew what had to be done for the sake of their children and for Colt as well. By the time dinner was finished, Matt and Aaron seemed like their normal selves. Kyle and Jacob let the boys play on their own while they began to clean up.

Colt remained sitting at the table, watching the two grown men working together at the sink, cleaning and drying the dishes. He silently observed the looks in their eyes as they spoke together. The smiles and the way they touched each other. A small smile came to his lips when he realized that David had been right about them. They were going to be okay.

As they finished cleaning up, Kyle turned to Colt and smiled slightly. “Jacob says you wanted to talk to us?”

With a slow nod, the old marine confirmed, “yeah. I wanted to talk to you about things changing.”

Jacob sat back down at the table. “Are you planning on leaving us?”

“You know you don’t have to if you don’t want to,” Kyle chimed in as he joined Jacob at the table. Without thinking about it, their hands found each other as they sat there looking at Colt.

“I know,” Colt said. “And I thank you for that. But… I talked to Tony Saturday, and we had a good time together.”

“That’s good to hear,” Kyle said. “So, is that your main reason for changing things?”

Colt sighed and his eyes drifted down to the top of the table. “It’s a good part of it. But really… I can’t sleep in that bed anymore. The more I thought about it after the service, the more I realized that if anything that’s your room now. And this is your house.” He put up a hand to forestall any objections. “I know I’m welcome here. And I do appreciate that. But, Tony is starting a family soon. And then there’s my daughter who already has two kids of her own. I want to reconnect with them or at least try. Tony seems to want to have me there with him.”

Jacob nodded slowly. “I can’t blame you, Colt. You should be with your family if that’s where you think you belong. Just remember that you have family here too.”

Kyle reached across the table, putting his hand over Colt’s. “You made Dad’s last few years some of his happiest. I want you to know that. You and your family are always welcome back here any time you want.”

Colt’s smile turned sad, remembering his lost love. “Thank you. I’m very lucky to have met him. And meeting y’all. We didn’t get as many years as I would’ve liked but at least we made every second count.”

Kyle’s smile brightened a little and squeezed Colt’s hand affectionately. “So, when should we expect you to be leaving?”

“Not right away,” he replied. “I’m not Davey, but I know you’re busy with your thing in court and you need the extra set of hands right now. Once school is out and you are finished, then I’ll start packing.”

“Aaron is probably not going to be happy about you leaving,” Jacob pointed out. “How are we going to deal with that?”

Colt grimaced and waved his hand. “Don’t worry about him. I’ll handle that. Besides, I’m just… going to live somewhere else. Doesn’t mean I won’t be coming back once in a while.”

“He knows what he’s doing,” Kyle said to Jacob. “And, as long as you know you can always come back here, then all I can do is wish you nothing but the best for you and your family.”

Colt nodded before getting back to his feet. “Glad we got that sorted out.” He turned to head out of the kitchen and then stopped and turned back to them. “Oh. One more thing.”

Kyle rose along with Jacob. “Yes?”

Colt stood there looking almost uncertain about what he was about to say. “I, ah…” He hesitated and his eyes clouded for a moment before he spoke in a voice totally removed from the retired marine officer. A voice that was vulnerable yet sure of what he was doing. “The house down in Florida. I want you two to have it.”

The two men didn’t bother to hide their surprise. “Colt,” Kyle began. “You don’t need to do anything like that. You should give it to your kids or something.”

“No.” He shook his head, determined. “It’s… like the bedroom upstairs. I can’t go back there. Not without…” Colt’s head bowed as he reigned in his emotions.

Jacob came around the table and put a hand on his shoulder. “I know how you feel. But still. Don’t make a decision like that too fast.”

“The kids were never that interested in going down there. They hated it. And there’s things down there. Things that belong to David. There’re memories down there. Things you probably haven’t seen. You don’t have to keep the place if you don’t want.”

Kyle didn’t want to continue arguing when it was clear that Colt had made up his mind long before they sat down to dinner. “Alright,” he said with an agreeing nod. “We’ll just see how it all works out.” He sighed and frowned slightly, feeling like there was still something that needed to be said. And then it came to him. “Colt, I know how fast everything has happened over the last few days. Trust me, I’m still coming to terms with Dad and everything changing. And I feel bad that I’m just now getting around to saying how sorry I am for what you lost. I know Dad meant the world to you, and he felt the same about you.”

Colt slowly smiled, touched by Kyle’s words. “Thanks. I’m going to go watch TV before bed.” With nothing left to say, he quietly turned and left the kitchen.

Jacob turned back to Kyle and smiled. “That was really sweet of you.”

Kyle smirked ruefully as he quipped, “now if only getting Josh freed was so easy.”

“I still don’t see why you have to drag it out,” Jacob said as he finished putting the dishes away.

“It’s a process,” Kyle explained. “You can’t go from A to Q until you’ve been through all the other steps. The jury wouldn’t buy it. You have to show the evidence first, then slowly go from one testimony to another and along the way show how the evidence you have backs up the testimony. It’s not like I’m going to be able to put Dylan Goode on the stand and say, ‘did you kill Sharon Ellington on the night in question,’ and have him respond with, ‘oh, well, I guess you got me.’ He’s…” He paused as a sudden thought came to him. “He… He wanted Sharon all to himself.”

“Okay,” Jacob said as he turned back to his husband. “So why did he kill her?”

Kyle stood there silently as he started to slowly put the pieces into place. As they did, his eyes widened, and he gasped as he placed his hand over his mouth. “Oh my God.”

Jacob frowned in concern. “What’s wrong?”

Taking a moment to breathe, he looked at Jacob with haunted eyes. “Jacob… Dylan Goode didn’t go there to kill Sharon.” Kyle started walking quickly towards the bedroom with Jacob following behind.

“What do you mean,” Jacob asked in confusion. “Then why did he kill her?”

Kyle moved into their private room and hurried to his desk where he left his cellphone. “He didn’t intend to. Knowing his pattern of behavior, he would have attacked her, maybe. But he was planning to murder someone.” He picked up his phone and started looking for the number he desperately needed.

Jacob looked at him in confusion for a moment before it dawned on him. “He was going to kill… Josh?”

Kyle looked up at him and nodded before his call connected. “Monica? I think it’s time you told me what you’ve found out.”