The Discovery - 34. Chapter 34

The next morning Kyle was hurrying through breakfast to get to the office. After explaining his plan to Jacob the night before, and discussing what could be done, Jacob gave Kyle his complete support and asked only to be kept updated throughout the day. Kyle was both excited and frustrated due to the lack of time he had left to accomplish everything he needed to get done before what he hoped would be the final day of Josh’s trial. A quick succession of phone calls and a quick meeting with Monica and her client, Angela Crawford, laid the groundwork for what he was planning for the next day.

They still had court later in the morning, so he sent Michelle and Kevin to the courthouse without him, promising to catch up with them later in the day. When they asked how they would explain Kyle’s absence to the judge, he smirked slightly and shrugged. “Tell them I’m still grieving. Say it privately to the judge and he will likely not mention it in open court. Don’t worry about Jensen saying anything. He either won’t care or won’t want to risk raising the ire of the jury.”

Rodger Dawson was the only material witness they had for testimony of the day. Kyle only stressed to Michelle that her primary goal for his time on the witness stand was to get Rodger to state that Dylan Goode left the party first the night of the murder. If he can say anything about anything he witnessed between the victim and the others at the party that might shift the jury’s attention away from Josh and onto one of them, so much the better. Michelle and Kevin opted to work together with the questions for the day with Rodger and also call another one of the police officers on the scene for testimony that the prosecution had not. That would be a little trickier, since the police could be notoriously hard to respond favorably to defense attorney’s questions. But it was a gamble Kyle was willing to take.

It was mid-morning when Monica finally got Angela into his office to sit down. Kyle did his best to project an air of confidence and empathy for her even as he could tell how nervous she was. “Ms. Crawford, thank you for coming in on short notice.”

She slowly sat down in the offered chair with Monica taking a seat next to her. “Monica and I went over all the questions you’d be asking me. But I’m still a little nervous.”

He nodded in understanding. “Well, that’s one of the reasons why I needed to speak to you today before we went to court tomorrow.” Kyle kept his face neutral while also conveying confidence in his voice. “There’s been a change of plans.”

Angela looked alarmed as she looked at Monica and then at Kyle. “What’s happened?”

Monica put a hand over hers to allay her concerns. “Kyle has a new theory to work with. And my investigation is nearly complete. Complete enough that we might be able to end everything tomorrow.”

“To put it another way, Ms. Crawford,” Kyle said, “I likely will not need you to testify in court tomorrow. We’ve decided to put Dylan Goode on the stand first.”

“I don’t understand,” the younger woman stated with a nervous look.

Kyle leaned over the table towards her and offered a small smile. “Ms. Crawford, I have information about Mr. Goode that I can use to effectively put the blame for Sharon’s murder on him. With that information, I won’t need the jury to hear from you. But what I will need is your help.”

“What kind of help?”

“I need you to be there,” he stated bluntly. “I need you to be sitting there, in the gallery, looking right at him the entire time.”

“Just be there?”

“Yes. I need you to be there so he can see you while he’s sitting there in the witness chair while I question him. I want your presence to help unnerve him.”

Monica smiled slightly. “That’s all you need to do. If Kyle does his job, which I’m pretty sure he is more than capable of, then the trial could likely end without you needing to say a single word.”

Angela looked at them, not entirely sure she understood what they wanted. “So, just sit there and stare at him?”

Kyle shook his head. “No. Don’t just stare at him. Stare him down. Don’t show him any fear. Show him your anger. Show him that you are not afraid of him. Don’t flinch. Don’t cringe. Don’t do anything but let him know without saying a word that you are not afraid of him anymore.”

“What about after that, though? I mean, won’t he come after me or something?”

“If things work out the way we plan,” Monica said with a smirk, “he’ll have bigger worries on his hands than you.”

Angela looked at them both, with a hint of uncertainty. “I guess I can do that.”

“Angie,” Kyle said quietly. “There’s no guessing involved. You can do this. I read Ms. Jones’s file on your situation. What he put you through was horrific. What he’s done to Sharon and Josh is even worse. He needs to pay for what he’s done. All of it. What I need, what Josh needs and what your friend needs is for you to stop being afraid of someone who cannot harm you again. I know you can do this. I need you to believe that as well.”

Angela nodded, gaining more confidence from Monica’s own show of strength. “I’ll do my best, Mr. Howard. I want him to pay for his crimes.”

Kyle’s smile brightened as he stood up. “Good. Now, if you’ll excuse me, I need to get to court so I can at least watch what’s going on.” As he made his way out of the office, he reminded Rosette to forward his calls to his cellphone before he hurried out to his car and sped away to get to the courthouse as soon as he could. Halfway there, Kyle received a phone call from Tom Harris, informing him that he had found the person Kyle was looking for.

“The good news is how easy it was. The bad news is that you can’t pull your little stunt like you wanted,” Harris’s voice rang out in the car from Kyle’s car speakers.

Kyle cursed and gripped the steering wheel in frustration. “Fuck. Why not?”

“Because he’s doing ten years for possession with intent to sell.” The dry humor in Harris’s voice was unmistakable.

Kyle smiled a little. “Oh, well, that’s even better. I just need to be able to get the judge to cooperate.”

“I wouldn’t bother,” Harris said. “He’s in Muncy. That’s on the other side of the state. No way they’d be able to get him to the courthouse in time.”

“Damnit.” Kyle sighed. “Doesn’t help to know about that regardless though.”

“Well, I’m on my way there. I’ll have a little heart to heart with him and see if he would like to talk about his old friend.”

“Keep me posted, but I doubt he’ll say much. Not without a deal of some kind. I’ll make a note of it for Monica. I think whatever information he has will be something that she’ll want to know.”

“I’ll let you know later.” Harris ended the call, leaving Kyle with more on his mind.

By the time Kyle arrived at the courthouse and silently made his way to an open seat in the gallery, Kevin was at the podium, questioning the detective they had subpoenaed. He watched and hoped that Kevin understood what he needed to do.

For his part, Kevin had been nervous about leading the questioning when he had been told about the sudden change. But now, knowing how much was on the line, buried his fears and focused on the matter at hand. “Detective Rolands, when Mr. Carter was in custody the day of the murder, did no one try to obtain a blood sample to screen for any drugs?”

“Yes, there had been an order from the DA’s office for a drug sample,” the man on the witness stand stated. “And there was a sample taken.”

“How do you know that?”

“I was there in the room at the time.”

Kevin pressed on. “What happened to that sample?”

The detective shifted slightly in his seat as he answered. “It appears to have gotten lost in the chain before it reached the lab.”

“The chain,” Kevin repeated. “What is the chain, exactly?”

“The chain of custody,” Rolands replied. “Once the sample is taken, it’s signed off by whoever is transporting it. From there, with each person who is in possession of the evidence has to sign for it so that we know who all had access to it.”

“And who last had access to the evidence?”

Kyle smirked, seeing the detective openly squirm from his vantage point. “The information was lost along with the drug sample,” the man said reluctantly.

Kevin shrugged as if it was a minor detail. “Why not just get another one? He was right there. He didn’t fight it the first time. In fact,” Kevin paused to look at the papers in front of him. “According to your own report, Mr. Carter was very cooperative.”

“By the time we realized the sample was missing it was too late.”

Kyle bit his tongue as Kevin’s head tilted to one side in an obvious look of curiosity. He was so impressed with his young associate’s ability to put on a near perfect performance. “Why was it too late?” Kevin already knew the answer, yet his tone of voice conveyed surprise and confusion.

“Two days passed before we realized the sample was unaccounted for. By that point any drug beyond marijuana would no longer be present in his system.”

“So, any evidence that could have corroborated Mr. Carter’s innocence… that he was under the influence of a powerful sedative which would have made it impossible for him to murder the woman he loved… was conveniently lost by the police.”

The detective frowned in anger. “It wasn’t done on purpose.”

“That you’re aware of at least,” Kevin quipped.

“It wasn’t like that!”

“Detective,” Kevin said with a patient smile. “You didn’t answer the question. Did the police lose a vital piece of evidence in Sharon Ellington’s murder? Yes, or no?”

The detective glared at Kevin. “Yes.”

Kevin nodded. “No further questions.” He walked back to his chair and sat down as Jensen rose to take his place.

“Detective, did you or anyone else who was involved in the investigation into Sharon Ellington’s death find any evidence of Mr. Carter’s innocence?”

“No,” Rolands replied.

“No witnesses? No signs of forced entry? No fingerprints or DNA?”

“No.”

Jensen seemed done and turned to walk back. “No further questions.”

The judge excused the witness who quietly went through the gate and through the galley, stepping out of the courtroom entirely. Kyle looked at the jury and felt they were starting to be convinced of his argument. He realized that there was a chance that the jury wouldn’t be needed, but it wouldn’t hurt to have them as a potential backup. The judge adjourned court for the day, reminding everyone they would resume the next morning. As everyone began leaving, Kyle got to his feet and intercepted Adam Jensen and his team.

When the prosecutor saw Kyle, he smirked arrogantly. “I thought you were unable to be here today.”

Kyle ignored the potential dig and focused on his task. “I was busy with other things. I need to talk to you alone.”

Jensen gauged his opponents face before sighing. “Okay. Let’s go talk.”

The two of them separated from the rest of the crowd, leaving the courtroom and stepped into an unused meeting room. Once the door was closed, Kyle wasted no time in making his pitch. “Dismiss the case.”

Jensen stopped short and looked at him incredulously. “You can’t be serious.”

“You’re not winning,” Kyle pointed out. “You can see the doubt in the jury’s eyes as well as I can. You’re not going to win this.”

With a roll of his eyes, he countered. “You don’t know that. I have plenty to still work on. You have this Angela Crawford coming up next and I’m going to tear her testimony apart, no matter what it is.” He paused, putting his hands on his hips. “I know what you’re planning to do.”

“And what’s that,” Kyle asked.

“You’re going to point the finger at Dylan Goode,” Adam stated bluntly. “It’s obvious. And he knows what’s going on. He’s ready for you, Howard. He’s not going to give you what you want. And once I cross examine him, I’ll totally destroy your argument and then Josh will be spending the rest of his life behind bars.”

Kyle shook his head. “There’s no way. You have to dismiss this case. We’ve already proven police malfeasance and put all your circumstantial evidence on the burn pile.”

Adam wasn’t convinced. “There’s no way the DA is going to dismiss this case.”

“You’re right, he won’t,” Kyle replied. “You have to do it.”

“He’d fire me the second I left the courtroom and just refile the charges, Kyle!” He couldn’t believe that Kyle was suggesting such a stupid move. “There’s no way you can get out of this. You have to play this through.”

Kyle stared at him sternly, not unlike how he would look at one of his boys when they misbehave. “You’re right, he won’t. Today. But tomorrow it will be in your hands.”

“What’s that supposed to mean?”

“This is all way over your head, Adam. You’ve been set up by Ruiz and the people who got him into office.”

Jensen’s face changed slightly. He could tell Kyle was being serious and wondering if the death of his father was affecting his judgement. “Are you threatening the DA?”

Kyle shook his head. “No. What I’m trying to tell you is that things aren’t what you think they are.” He could tell Jensen didn’t believe him and he sighed in exasperation. “Look.” Shouting and arguing wasn’t going to get through to him. The best Kyle could manage was a calm, quiet voice as he looked at Jensen with a sympathetic expression. “I know you’re not going to believe me, so believe yourself. Tomorrow, you’ll have a decision you’ll have to make. Ignore whatever you’re told by anyone else. Not even me. Believe your own senses and do what you know is the right thing to do.”

Adam stared at him for a protracted moment, trying to figure out what deception Kyle was crafting. All he could discern was that Kyle believed what he was saying. “Good luck in court. You’re going to need it.” Adam stepped out of the room leaving Kyle alone with his thoughts.

Kyle sighed, hoping Jensen realized he was trying to help. He left to go find Michelle and Kevin and was surprised to see them waiting for him. “Well, how did it go?”

Michelle answered first. “I got it done. I kept the questions subtle, and in the end, I got Rodger to say Dylan left the house that night first without it sounding like it was an important point.”

“Good,” Kyle replied before looking at Kevin and smiling. “I saw enough of your work to know you did an excellent job. I couldn’t have done it better myself.”

Kevin’s face brightened at the praise. “Thanks. So, what’s next?”

“Next?” Kyle turned and headed towards the exit. “Next, we end it. And make sure justice is served.”

****

Troy fixed an amused look on his face as he stared across the table. “So, I heard there was an incident the other day.”

Andy rolled his eyes. “Yeah. We talked it out. Then cried it out. Then I called the kid’s dad. He agreed his kid was out of line, I agreed Tanner took it too far, we both agreed they both needed to apologize. Problem solved.”

Brian sat there with a slightly annoyed look. “He apologized to me too.” He took a sip of his water as they waited at the kitchen table in the Howard home. “It’s not that I needed him to say anything. I mean, I get why he lashed out. Still doesn’t make it right.”

Jacob returned to the kitchen and took his seat around the table with his friends. “He should be home in a minute.”

“What’s this all about anyway,” Andy asked. “Are we in trouble?”

“Not that I know of,” Jacob replied with a shrug. “He just asked that we all be here when he gets in because he has something important he wanted to talk to us about.”

There was a moment of silence around the kitchen table before Brian said in a more subdued voice, “the house seems different now for some reason.”

Jacob nodded. “Yeah. It does. We’re dealing with it.”

Troy’s sadness showed in his eyes as he looked down at the table. “Chase said he didn’t want a big birthday party. I told him to think about it and if he changed his mind to let me know.”

“Tanner mentioned that to me,” Andy commented. “He said he’d talk to him. Get him to change his mind.”

“How’s Emily,” Brian asked.

Troy looked up at his friend. “She’s getting through the worst of it. At least she’s sleeping in her bed again.”

“Aaron would not let me out of his sight except when he was in kindergarten,” Jacob said softly. “Broke my heart when I dropped him off and he started crying the first day he went back. The teacher told me he’d be okay. And he was when I went to pick him up. Still hurts though.”

They all nodded, having all of them experienced similar problems in the last few days. The back door opening caught their attention and they all greeted Kyle as he walked in, smiling slightly. While he seemed normal, Troy and the others could see the change in his eyes. A sadness mixed with a quiet dignity that seemed to be a permanent part of him now that had not been there before. They had all been changed in the last week. None of them wanted to admit it. But they carried inside them all an empty space that can never be filled again. Not in the same way. As if a new life had begun after the funeral for David and the old lives they used to enjoy were forever out of reach now.

“I got back as soon as I could,” Kyle said as he removed his suit jacket and joined them at the table. He sat next to Jacob and shared a kiss before addressing everyone. “I just wanted to talk to you all about what’s going on.”

“So, we’re here to talk about Josh,” Andy asked.

Kyle shrugged slightly. “More or less. I know we’ve been through a lot of changes lately. But there’s still some things that are going to be different on the horizon. I just wanted to tell you myself and to get any feedback you might have.”

“Kyle, you don’t have to ask our permission if you want to change anything,” Troy stated. “This is your house now, so you set the rules.”

“Our house,” Kyle corrected him. “Well, one of them at least.”

Brian gave him an amused smirk. “One of them? What, are you wanting to buy us all new houses.”

“No,” he replied with a chuckle.

Jacob looked at the others and explained, “Colt is giving us his beach house in Florida.”

Andy’s eyebrows rose in surprise. “That’s certainly generous of him.”

Kyle nodded in agreement. “Jacob and I discussed it later. We decided if we did keep it, it would be open to all of you to use.”

“Lovely,” Brian said with a hint of sarcasm. “Can see Florida Man up close now if I want too.”

“I thought you dated him while you were in college,” Andy said with a playful nudge.

“The only crazy person I’ve ever dated is you,” Brian replied with an impish grin.

Jacob and Kyle exchanged looks as the other couple went back and forth for a moment. They knew it was Brian and Andy’s way of showing their love for each other. Kyle finally broke into the conversation to inform them of more news. “Tomorrow will be my last day in court.” That got everyone’s attention before he added, “if I do my job right, at least.”

Troy stared at him, uncertainty in his eyes. “You mean just this thing with Josh, right?”

Kyle shook his head. “No. This is my last case. I’m going to slowly ease my way out of the law practice.”

Andy frowned to show his dislike of what he was hearing. “Why? You love doing what you do.”

With a reluctant shrug, Kyle explained, “I do. But it’s taking up too much time. When Dad was around, it was easier to just let him and Jacob take care of everything else around here. Getting the boys to and from school, paying the bills, managing the orchard and generally taking care of everything around here. Now, with him gone, I’m needed here.” His eyes took in the reactions of everyone around the table.

“You don’t have to do that if you don’t want to,” Brian said. “I mean… we could find a way to make it all work.”

Kyle smirked. “The thing is… I want to do this.”

“What’ll happen to your law firm,” Troy asked.

Jacob put his hand over Kyle’s. “I told him the same thing. But we talked it out and agreed that he would work just two days a week. Monday and Tuesday. The rest of the time he’ll be taking care of the house since Colt will be leaving us in a few weeks as well.”

“I heard he made up with his son at the funeral,” Brian said with a slightly mischievous smirk.

Kyle nodded. “I met him and when I asked, it seems my mom went out of her way to get him here for some reason.” He looked at Brian suggestively. “I don’t suppose you had a hand in that somehow?”

Brian shrugged innocently. “Me? What would I be able to do? I’m just a teacher. I don’t go running around trying to fix everyone’s lives like… you know… your parents.”

Kyle wasn’t buying his innocent routine any more than he bought his mother’s non-committal answer when he asked her about it. Whoever went out of their way to help Colt make amends with his family would have to remain a mystery for now, he supposed. “God knows everyone at this table could write a book about their own experiences with them. The point is, in a few weeks, we’re going to be down one more marine and we will likely have Jacob’s brother coming to stay with us.”

Troy smiled slightly at the news. “You’re sure?”

Kyle nodded. “Honestly? If it works out, he could be coming home with me tomorrow.”

“Us,” Jacob corrected. “I’m going with you tomorrow.”

“You don’t have to,” Kyle reminded him.

“I want to,” his husband replied with a soft smile.

The other three looked at each other for a moment before nodding in silent agreement. “We’re coming to,” Troy stated.

Kyle blinked in surprise when he heard that and saw the mutual looks of agreement on their faces. “Not that I’m not touched by the offer, but it’s not really necessary.”

“Bullshit,” Andy declared. “You plan on springing him tomorrow and then never stepping into a courtroom again? It’ll be our last chance to see you in action and we’re not going to pass it up.”

“But, what about your jobs? You have finals tomorrow, don’t you?”

Brian waved him off. “A sub can pass out papers. This is more important.”

Troy smiled slightly. “I’ll let Colleen run things tomorrow for me. Hell, I’ll have Dad go in the office for a day. He’d do it for this.”

Kyle looked around the table again at them. “Guys…”

“Sweetheart,” Jacob squeezed his hand and smiled. “The decision is made. Whether you know it or not, we’re going to be there for you tomorrow. To see you do what you do best.”

“What’s that exactly,” Kyle asked with an amused smile.

Jacob leaned over and kissed him softly on the cheek. “Be the guy who doesn’t quit when someone needs you.”

Troy chuckled. “Yeah. And just like David, you’ve been trying to save someone all on your own and it’s time we at least be there to give you the support you should get from your family.”

“Not to mention meeting the guy who’s going to be a part of our family soon,” Brian pointed out.

For a moment, Kyle felt that same feeling he used to get when he was around his dad. That he was capable of anything because his father believed in him. In his friends’ eyes, he saw unconditional love and that bond that seemed stronger now than it had ever been. They had made their decision and there was no discussing it. Their love for him was more important than themselves. But that is what family is for each other. Putting the other’s needs ahead of their own. To love and give in every way. To celebrate together the big and small joys in life and share in the burdens of loss and hardship. Kyle felt that familiar love of his father looking at them and suddenly the house didn’t seem so empty anymore. “I am the luckiest guy in the world for having friends like you.”

“Nice of you to notice,” Andy replied with a playful smile. They all shared a chuckle before Andy and Brian rose to their feet. “Okay. So, we’ll be here early in the morning and carpool.”

“Sounds fine to me,” Troy said.

“We need to get home,” Brian said. “Tanner’s first official act as a teenager watching his little brother while we’re out of the house. Need to make sure the boys haven’t burned the place down yet.”

Troy smirked ruefully. “I wouldn’t be surprised if you got there and find out Blake tied him up.”

The three of them said their goodbyes and left Jacob and Kyle to the task of preparing dinner for their family. For a while, they worked in companionable silence as they went about their work. Kyle could feel a sense of ease settling in between them. A level of comfortability between them now existed, replacing the need to remind each other of how they felt. While chopping up some carrots, in that state of calm that comes with a familiar task, he could feel the connection between them, and it brought a smile to his lips.

Jacob, seeing the smile on his lover’s face, moved behind him and wrapped his arms around Kyle warmly. “I know I’ve already said it before, but I just want to make sure you know it hasn’t changed.” He kissed Kyle’s neck tenderly before continuing. “You can change your mind at any time, if you decide you want to continue being a lawyer.”

Kyle’s smile blossomed into a happy grin, and he leaned back against him. “No, I’m not changing my mind. And I’m not going to stop being a lawyer. I’ll keep my license and if something comes up that I might be needed for some reason, I can still do the occasional job. But my commitment from here on out is to you, to this house, and to this family.”

“Okay,” Jacob replied. It was not that he objected to Kyle’s decision. Rather, he was concerned that it would affect Kyle’s sense of fulfillment. “All I care about is that you’re happy. Are you nervous about tomorrow?”

“Actually, no,” Kyle replied, feeling a little surprised to find that he really meant it. “If anything, I’m excited. Monica is ready to go with her thing. In fact, she already got that ball rolling today, with a little help from Stephanie and the Dauphin County DA’s office. It’s only a matter of time before it all comes together.”

Jacob narrowed his eyes in mock suspicion. “What all is going to come together exactly?”

With a chuckle, Kyle replied, “don’t worry about it. It probably will be a month or two before we see it all come out in the open. For now, just know that we’re making sure all the people who are to blame for Josh’s wrongful imprisonment face the consequences of their actions.”

“Oh, I like the sound of that.” Jacob let him go and went back to his own work. “So, what do we do with Josh once he’s here?”

Kyle spoke casually as he continued to chop more vegetables. “Well, first is help him get relaxed and adjusted to being here. Then, we move onto therapy as needed. Probably going to need clothes. And just let him be himself for a year. Get him used to actually having a family before he decides what steps he wants to take next. Once he’s acclimated to everything, then we’ll see where he wants to take his life and support him how ever we can.”

Jacob smiled softly, hearing David’s words in Kyle’s voice. “Sounds like a good plan to me.” He placed some tender cuts of steak on the stove, letting the sound of the meat sizzling fill the room. His mind replayed all the moments that led to what would happen tomorrow. How much their lives have changed in the last year. The revelations, the fighting, the long discussions, and the forgiveness that seemed so difficult in the moment but turned out to be easy as it was to love the most important person in his life. There remained a small bit of regret – how he treated Kyle, how closed off he became from everyone he loved. The secret he could not bear to share – but it only helped to remind him that even in the darkest of moments, they never gave up on each other. “Kyle?”

“Hm?”

Jacob turned his head to look at him and said, “I’m really glad you found my brother.”

Kyle looked over at him. “I’m glad you’re my best friend.”