The Accused tb-3 Read online

  Omar Cheepe and Paco reappeared and huddled with Clifford Nance. From the way they shook their heads, whispered urgently, and exchanged hard looks, it was obvious the situation had not improved. Pete Duffy was nowhere to be found.

  A bailiff rounded up the lawyers and herded them into Judge Gantry’s chambers for another meeting. Several deputies were telling jokes near the jury box. The noise level was rising as the crowd grew restless and frustrated.

  “I’m getting kind of bored, Theo,” Ike said. A few others had left the courtroom.

  “I might hang around,” Theo said. His only other option was to return to school, empty-handed, and suffer through classes. The release from the principal plainly stated that Theo was excused from school until 1:00 p.m., and he did not want to return any sooner, trial or no trial.

  “Are you stopping by this afternoon?” Ike asked. It was a Monday, and the Boone family rituals required Theo to stop by Ike’s office every Monday afternoon for a visit.

  “Sure,” Theo said.

  Ike smiled and said, “See you then.”

  After he was gone, Theo weighed the pros and cons of the situation. He was disappointed that the biggest criminal trial in the recent history of Strattenburg had evidently been sidetracked, and that he would not get the chance to watch Jack Hogan and Clifford Nance go toe-to-toe like two gladiators. But, he was also relieved that Bobby Escobar would not be forced to testify and point the finger of guilt at Pete Duffy. Theo had played a big role in bringing Bobby to the attention of Judge Gantry during the first trial, and Theo knew that Duffy’s lawyers and his thugs, especially Omar Cheepe and Paco, were keeping an eye on him. Theo preferred not to have the attention.

  In fact, as the clock ticked and the crowd waited, Theo decided that the sudden disappearance of Pete Duffy was a good thing, at least for him. Selfishly, he was pleased.

  Two men behind Theo were having a disagreement. In low voices, they were arguing over the fact that Duffy had been allowed to post a bond. The first man said: “I’ll bet Gantry takes some heat for this. If he had denied bail, Duffy would have been locked up while he waited for his trial, the same as every other defendant charged with murder. No one gets bail in a murder case. Gantry caved in because Duffy has money.”

  The second man said: “I doubt it. Why not allow a defendant to post bail and get out? He’s innocent until proven guilty, right? Why lock up a guy before he’s convicted? Murder or otherwise? You can’t punish a guy just because he has money. Duffy’s bail was a million dollars. He put up some property and nobody complained, until now, anyway.”

  Theo tended to side with the second guy. The first one responded: “Until now? That’s the whole point. Bail is supposed to secure his appearance in court. Guess what? He’s not here. AWOL, flew the coop, over the wall, we’ll never see him again because Gantry granted bail.”

  “They’ll find him.”

  “I’ll bet they don’t. He’s probably in Mexico City right now, getting his face worked on by some plastic surgeons who got rich re-doing the eyes and noses of drug lords. I’ll bet they never find Pete Duffy.”

  “I’ll bet you twenty bucks he’s back here in thirty days, in jail.”

  “You got it, twenty bucks.”

  There was a rustle of activity and the bailiffs sprang to attention. The lawyers streamed out of Judge Gantry’s chambers and took their places. The spectators scurried for their seats and became silent. “Remain seated,” a bailiff barked. Judge Gantry assumed his position on the bench. He rapped his gavel loudly and said, “Order. Bring in the jury, please.”

  It was 11:00 a.m. The jurors filed into the courtroom and took their seats in the jury box. When they were in place, Judge Gantry looked sternly at Clifford Nance and said, “Mr. Nance, where is the defendant?”

  Nance rose slowly and replied, “Your Honor, I do not know. We have had no contact with Mr. Duffy since ten thirty last night.”

  Judge Gantry looked at Jack Hogan and said, “Mr. Hogan.”

  “Your Honor, we have no choice but to move for a mistrial.”

  “And I have no choice but to grant one.” Judge Gantry then turned and addressed the jury. “Ladies and gentlemen, it appears as though the defendant, Mr. Peter Duffy, has disappeared. He has been free on bond, awaiting this trial, and, well, he has evidently vanished. The sheriff’s department is conducting a search and the FBI has been notified. Without a defendant, we cannot proceed at this time. I apologize for the inconvenience, and, once again, I thank you for your willingness to serve. You are dismissed.”

  One of the jurors slowly raised her hand and asked, “But, Judge, what if they find him this afternoon, or tomorrow?”

  Judge Gantry seemed surprised by a question coming from the jury box. “Well, I suppose it depends on how he is found. Let’s say they catch him at a border, trying to sneak out of the country, then he’ll be brought back here to face additional charges. That would certainly affect his strategy at trial, so he would be entitled to a delay. But let’s suppose he’s found somewhere around here and has a valid excuse for not showing up this morning. In that case, I would revoke his bond, or bail, put him in jail, and reschedule the trial as soon as possible.”

  This satisfied the juror and Theo as well.

  “Court is adjourned,” Judge Gantry said, and pecked his gavel once again.

  Theo waited and waited, and finally left when a bailiff was turning off the lights. He had no place to go but school, and he biked in that general direction. Two blocks away from the courthouse, a black Jeep Cherokee eased alongside Theo. Its passenger window came down, and Paco’s swarthy head leaned out. He smiled but said nothing.

  Theo braked and they passed. Why would they be following him?

  He was rattled and made the quick decision to duck through an alley and cross a backyard. He was half looking over his shoulder when a large man stepped in front of him and grabbed the handlebars of his bike. “Hey, kid!” he growled, now face-to-face with Theo.

  It was Buck Baloney, breathing fire and ready for war. “Stay outta my yard, okay?” he growled, still gripping the handlebars.

  “Okay, okay, sorry,” Theo said, afraid of getting slapped.

  “What’s your name?” Buck hissed.

  “Theodore Boone. Let go of my bike.”

  Buck was dressed in an ill-fitting and cheap uniform with the words A ll — P ro S ecurity stitched on the sleeves. And, he had a rather large pistol on his belt.

  “Stop cutting across my yard, you understand?”

  “I got it,” Theo said.

  Buck let go, and Theo sped away without getting shot. Suddenly, he was excited about returning to school, and to the safety of his classroom.

  Chapter 3

  Theo checked in at the front office and returned his release form. His classmates were in fourth period Chemistry, and Theo wanted to avoid walking in late. Instead, he went to Mr. Mount’s tiny office, down the hall from his classroom. The door was open, and, luckily, Mr. Mount was at his desk, eating a sandwich and watching the local news on his laptop.

  “Have a seat,” Mr. Mount said, and Theo sat in the only other chair in the office.

  “So I guess you know,” Theo said.

  “Oh, yes. It’s all over the news.” Mr. Mount slid his laptop over a few inches so Theo could have a better look. The sheriff was talking to a gang of reporters. He was saying that there was no sign of Mr. Duffy. They had searched his home and found nothing. Both of his vehicles, a Mercedes sedan and a Ford SUV, were locked and parked in the garage. Evidently Mr. Duffy had played golf, alone, late Sunday afternoon and was seen leaving the course by a caddy. He was in his golf cart and headed in the general direction of his home on the sixth fairway, the same route the caddy had seen him take many times after playing a round. At 10:30 on Sunday night, Pete Duffy spoke by phone to Clifford Nance, and, according to Nance, agreed to meet with his defense team at 7:00 a.m. sharp for a lengthy prep session.

  Pete Duffy lived two miles east of t
own in a fairly new development called Waverly Creek, an upscale residential community designed around three golf courses and meant to offer its residents a lot of privacy. Entry and exit were monitored twenty-four hours a day by guards at gates, with surveillance cameras recording everything. The sheriff was positive Pete Duffy had not left Waverly Creek during the night through one of the gates. “There are some gravel roads leading in and out, and I suppose that’s where he went,” the sheriff speculated. It was obvious the sheriff had little patience with reporters.

  He went on to say there was no indication, yet, of how Pete Duffy fled. On foot, bike, scooter, four-wheeler, golf cart-they had not been able to determine that. But, there was no record of Duffy owning a scooter, motorcycle, or other type of vehicle that required registration.

  In response to random and thoughtless questions, the sheriff explained that (1) there was no evidence of an accomplice involved in the Duffy escape; (2) there was no suicide note, in the event he jumped from a bridge or some other dramatic stunt; (3) there was no evidence of foul play, as if an intruder, for some unknown reason, wanted to eliminate Duffy the night before he was to stand trial; and (4) so far, they had found no witness who laid eyes on Duffy after the caddy saw him drive away with his golf clubs.

  The sheriff finally had enough and excused himself. The news station switched back to the studio, where a couple of anchors launched into a windy summary of what little had just been said by the sheriff.

  “So where is he?” Mr. Mount asked, chewing on his sandwich.

  “I can’t believe he would take off in the middle of the night on foot and through the woods,” Theo said. “What’s your theory?”

  “An accomplice. Duffy is not the outdoor type, not a man who understands the woods and what it takes to survive. I’ll bet he slipped away from his house, after midnight when his neighbors were sound asleep, used a bicycle because he didn’t want to make noise, and rode a mile or two down a trail where his accomplice was waiting. They tossed the bike in the trunk of the car, or the back of a pickup, and away they went. He wasn’t due in court until 9:00 a.m., so they had a head start of seven or eight hours.”

  “You’re really into this, aren’t you?” Theo asked, amused.

  “Sure. And you’re not?”

  “Of course, but I haven’t given it as much thought as you. Where is he right now?”

  “Far away. The cops have no idea what kind of vehicle they’re driving, so they’re home free until more clues pop up. He could be anywhere.”

  “You think they’ll catch him?”

  “Something tells me they will not. This might be the perfect escape, especially if he has an accomplice.”

  Mr. Mount was in his midthirties and, at least in Theo’s opinion, was by far the coolest teacher at the school. His father was a judge and his older brother was a lawyer, and he often talked of leaving the classroom and going to law school. He sponsored the Eighth-Grade Debate Team. Theo was his star, and so the two had developed a close friendship. As they watched the news on the laptop, both minds were spinning wild scenarios about what had happened to Pete Duffy. How had he really managed to disappear?

  “I guess we’ll discuss this in Government tomorrow,” Theo said.

  “Are you kidding? This town will talk of nothing else for the next two days.”

  The bell rang and Theo was suddenly ready to leave. Lunch was only a twenty-minute break and there was no time to waste. The halls were instantly crowded as five sections of eighth graders hurried from their classrooms, to their lockers, and to the cafeteria.

  The Strattenburg Middle School had been modernized a few years earlier, and one of the more popular improvements was the new lockers. They were wide and deep, and made of wood instead of the old noisy metal boxes that had lined the halls for decades. Keys were not needed because each locker had an entry panel similar to the keypad of a phone. Punch in your five- or six-digit secret code, and the door clicked open.

  Theo’s pass code was Judge (58343), in honor of his beloved dog. He pulled open the door, and immediately knew something was wrong. Several things were missing. Theo occasionally suffered asthma attacks, which required him to use an inhaler. He kept one in his pocket at all times, and he kept a three-pack of reserves in his locker. These were gone, as was a blue and red Minnesota Twins cap he kept on a hook in case it rained. Two unused notepads were missing. His books were there, stacked on top of each other. He froze for a moment, staring into the locker to make sure he wasn’t dreaming, then glanced around to see if anyone (the thief?) might be watching. No one seemed to be paying attention to him. He shifted his books, poked around, and finally came to the conclusion that his locker had been broken into. He had been robbed!

  Small-time thievery happened occasionally. The new lockers, though, with their advanced security system, had virtually eliminated such break-ins. He looked down the hall and up to a spot above a large wall clock. There was an empty bracket where a security camera had once been installed. The camera was gone because the school was in the process of updating its video-monitoring system.

  Theo wasn’t sure what to do. If he reported the theft, he would spend the next hour or so in the principal’s office filling out paperwork. And, worse still, he would have to deal with a hundred nosy questions from his friends and classmates. As he walked to the cafeteria, he decided to wait, to think about it, to try and figure out how someone could learn his code and break in his locker. He could always report it tomorrow.

  He paid two dollars for a bowl of spaghetti, a piece of cold bread, and a bottle of water. He sat with Chase and Woody, and the conversation quickly turned to the Duffy trial and disappearance. As they talked, Theo could not help but survey the cafeteria. It was filled with eighth graders, none of whom was wearing his Twins cap. As far as Theo knew, he was the only Twins fan in Strattenburg.

  During Mr. Mount’s study hall that afternoon, Theo gave a quick description of what he’d seen in court that morning, then they watched the local news as the Duffy story continued to dominate every conversation in town. Still no sign of the fugitive. An FBI agent was interviewed and asked the community for leads. So far, they had no clues into his disappearance. Much was being made of the one million dollar bond he had posted to remain free on bail, and this led to several stories about his financial situation. A former business partner claimed to know Duffy well, and offered the opinion that he “.. always kept a lot of cash…” stashed away in secret places. This juicy bit of gossip sent the local reporters into a frenzy.

  After school, Theo checked his locker again, and things appeared to be fine. Nothing else had been taken. He thought about changing his pass code, but decided to wait. Changing the code was no simple matter because all codes were registered with the principal’s office. The school maintained the right to open any locker at any time, for good cause, but this was seldom done. On at least one prior occasion, Theo had failed to properly close his locker, and the following day was puzzled to find its door shut, but unlocked. This was not uncommon in the seventh and eighth grades because the closing mechanism required a student to press and hold the Close button for a full three seconds. Twelve- and thirteen-year-olds can get in a hurry, or get distracted, and fail to hold the button long enough.

  By the time Theo left the building and walked to his bike, he had convinced himself that his locker had been vandalized, but not broken into. He vowed to be more vigilant.

  Theo soon had another problem. He unchained his bike, wrapped the chain around his handlebars as always, and pushed off. Instantly, he realized his front tire was flat. He got off his bike, examined the tire, and found a small gash where someone had punctured the sidewall.

  Theo was in the midst of an unlucky run with his bike tires. In the previous three months, he had collected two nails, a piece of glass from a soft drink bottle, a jagged piece of metal, and he had punctured two front tires on account of reckless riding. His father was not happy with this and when the subject of the cost of bik
e tires came up over dinner, things were tense.

  This latest puncture, though, was no accident. Someone had deliberately stuck a sharp object into his tire.

  He waited until his friends rode away, then began the humiliating journey downtown, pushing his bike along streets that now seemed much longer, wondering who would do such a thing to him, and trying to put this latest act of vandalism in the context of a day that had not gone well. The excitement of the trial had vanished; Omar Cheepe and Paco had followed him as he rode to school; Buck Baloney had almost hit him with a rock and then caught him the second time he dashed through his backyard; someone had vandalized his locker; and now this-a slashed bike tire that would cut deeply into his savings account.

  Theo couldn’t help but take an occasional glance over his shoulder, certain that eyes were watching.

  Gil’s bike shop was downtown, three blocks from the courthouse, on a narrow street lined with small mom-and-pop stores. There was a cleaners, a shoe shop, photo lab, bakery, a knife sharpener that owed Ike money for tax services, and a couple of delis. Theo took pride in knowing every owner. Gil was one of his favorites-a short, round man with an awesome belly that was always partially hidden by a thick work apron covered in dirt and grime. Gil sold bikes and he loved to repair them. His shop was jam-packed with models of every size and color, with the smaller ones hanging from large hooks in the ceiling and the fancier mountain bikes lined up in the front windows.

  Theo rolled his through the front door, thoroughly defeated by the day. Gil was sitting on a stool by the back counter, drinking coffee. “Well, well,” he said. “Look who’s back.”

  “Hey, Gil,” Theo said. “Another flat tire.”

  “What happened?” Gil asked as he rolled himself off the stool and waddled over.

  “Looks like sabotage.”

  Gil lifted the handlebars, spun the front tire until he found the hole in it, and exhaled a soft whistle. “You make somebody mad?”