After letting all that Todd Burk had said sink in and considering everything, it still didn’t sit well with Holden. He ordered the forensic testing of Todd’s motorcycle to be expedited, bumped up from days to hours. Then he called in the assistant district attorney, Melanie Merritt, to get her opinion since it would be her office who would file formal charges if they decided to go forward on this.
She didn’t hesitate to come straight over on a Sunday, on Christmas Eve. The ADA’s reputation for being a workaholic was panning out to be true.
In his opinion, Todd’s admission stunk to high heaven. He couldn’t put his finger on why it was fishy, but he was determined to get to the bottom of it.
Melanie had looked at the evidence found in the execution of the warrant and watched the recorded playback of the interview. Now she was standing quietly in the observation room, watching them.
“He confessed,” Ashley said. “On video. We should be celebrating.”
“That would be premature,” Holden said. Todd’s supposed confession didn’t put him in a festive mood. On the contrary, it left him uneasy.
Mitch entered the room and hesitated as he picked up on the tension. Then he caught Holden’s eye. “Nurse Tipton from the hospital called. Emma Burk’s records are ready. She’s got them at the nurses’ station where she’s working today, if you still want to talk to her.”
Holden gave him a nod of thanks as Mitch joined them.
Ashley stormed up to Holden. “We can’t just ignore what he told us. Right?” She looked to the ADA, who remained silent and observant.
Melanie wasn’t the type to weigh in quickly or lightly. She made it a point of doing a thorough assessment first before sharing her thoughts and only got her office involved if she believed they could win a case.
Her silence spoke volumes, meaning she had doubts as well.
“I’m not saying we should ignore it.” Holden folded his arms and stared through the one-way glass. Todd and his attorney were no longer embroiled in a heated discussion. Mr. Friedman had stormed out of the sheriff’s department to make a few calls on his client’s behalf. No doubt to find a way to get Todd off the hook.
“Then what are you saying?” Mitch asked, trying to play catch-up after missing the last ten minutes of discussion.
“Why did Todd confess?” Holden wondered aloud. “Who fights with their attorney, disregarding their advice in order to get themselves arrested and charged?” None of it made any sense.
Ashley sighed. “A guilty man. That’s who.”
“Maybe,” Holden said with a shrug. Maybe a guilty man with a conscience, but that wasn’t Todd.
In the interview room, Todd sat still as stone, staring at the one-way glass like he wasn’t worried about a thing. “This doesn’t feel right. Something about it is off. Wrong.”
Ashley responded with a loud groan. “Do you know how many people Todd Burk and the Iron Warriors have hurt in this town?”
“I’m not keeping a running tally,” Holden said, “but I know it’s a hell of a lot.”
“Do you understand the damage he’s caused?” She pinned him with her gaze. “The families he’s torn apart with his drugs and guns and violence?” Tears glistened in her eyes.
If anybody in the sheriff’s department wanted to see Todd locked up behind bars for the rest of his life more than Holden, it was Ashley.
His best friend in high school had been Angelo Russo. Her older brother.
Holden believed Angelo’s murder had driven her to join the sheriff’s department the same as him. They had never spoken about it—his friendship with Angelo, the hole that his death had left behind, their mutual hatred for the person responsible—but whenever Todd’s name came up, something dark flashed in her eyes, the haunted look reminding him of her family’s devastation.
Turning away from the observation room, Holden faced her. “I realize what he’s taken from you and your family. Believe me, I want him.” So badly that his gut burned with the need to stop that man from hurting anyone else and to see justice served.
“This is a win,” Mitch said. “We should take it. Why look a gift horse in the mouth?”
Holden took a calming breath. “Because this gift horse might turn out to be a Trojan horse instead.”
“How so?” Melanie asked, speaking for the first time.
If only he knew. That was the answer they needed to understand why this admission of guilt couldn’t be trusted.
“He confessed to murder!” Ashley said. “Finally, we have him.”
“Let’s think about this.” Holden kept his tone calm and firm, determined to keep this precarious situation in perspective. “For the past fourteen years, that man,” he said, pointing through the observation window at Todd, “has beaten all charges brought against him for everything from possession, drug dealing, arms trafficking, rape, domestic violence and murder. He struts around acting like he’s untouchable. The Iron Warriors call him Teflon for a reason. But today he chooses to confess, against his attorney’s advice.” He exhaled his frustration. “I’m telling you this isn’t a reason to jump for joy. It’s cause for concern.”
“Maybe you’re overthinking it,” Ashley said. “Maybe you backed him into a corner, and he realized there was no other way out.” Her voice tightened with desperation. “The judge could give him a lighter sentence because he confessed. Isn’t that true?” she asked the ADA.
Melanie nodded. “It is. If he were to plead guilty rather than get convicted at trial, he could receive a lesser plea sentence.”
But that was not nearly enough justification for Todd to admit to murder. The composed man sitting in the other room didn’t look like someone who was prepared to do any jail time.
Then the dots suddenly connected, coming together for him. “You’re right, Ashley, there is no way around the evidence, and he knows it. That’s why he confessed, but not because he’s guilty.”
“What are you saying? He did it just to confuse things and complicate the investigation?” Ashley asked. “But why?”
“It’s because he’s protecting someone. The real killer.”
Ashley shook her head. “I don’t understand. Why would he risk prison to protect someone else? The only person he cares about is himself.”
“That’s not true,” Holden said. “Like most of us, he cares about his family and would do anything for them. But in the long run, he’s not risking prison.”
“How would he wiggle out of a conviction after telling us point blank that he committed murder?” Ashley asked.
“Oh, he’s a smart devil,” Melanie said, in a low voice, almost to herself. “Very clever.” She stepped forward, a smile tugging at her lips. “How would a man who didn’t do the crime yet confessed that he did avoid a guilty verdict? With a mistrial.”
“But how can he hedge his bets that he’d get one?” Mitch asked.
Melanie folded her hands. “Let’s say you believed his confession. What would the sheriff’s office do at this point besides celebrate?”
Holden sighed. “Try to corroborate his confession.”
“But really, you’d only be going through the motions,” Melanie said. “Everyone wants him to be guilty. You all have been trying to pin something to him for years. Once you have enough to tick the box, you’d happily leave it alone if for no other reason than to save on resources.”
Ashley’s eyes lit up. “That’s what his attorney said. Those exact same words, save resources, when he was answering one of Todd’s questions.”
“If Todd refused a plea deal and decided not to plead guilty when this was brought in front of a judge, then it would go to trial. My office,” Melanie said, “wouldn’t realize we couldn’t win the case until it was too late after we entered discovery.” The formal process of exchanging information between the parties about the witnesses and evidence that would be presented at trial. “If he didn’t do it, then he knows there’s either evidence or a witness or both that will trigger a mistrial. Any idea what that might be?”
“We should hear back soon from the lab on paint analysis since I asked them to put a rush on it,” Holden said. “Todd seemed worried about us running the forensics. I think that means it won’t match. And he might have a real alibi besides the Iron Warriors who’d lie for each other. There were strippers at the clubhouse the night of the murder. Supposedly he’s got a favorite. Her name is Misty. He might have been with her at the time in question.”
“I’ll go talk to her,” Mitch volunteered.
Melanie stepped closer, catching Holden’s gaze. “I watched the playback of your interview three times. You’re right that Todd’s whole demeanor changed when you mentioned the forensics. This confession of his would give the real killer an opportunity to fix whatever mistake they made regarding the paint.”
Holden nodded. “But it wasn’t until I talked about the records from the pay phone that he got scared. There’s no way to cover that up.”
“Then this charade will give that person a chance to run,” Melanie said. “Who do you think Todd is protecting?”
“Someone he cares about. Someone he would do anything for. Todd’s parents were worried about losing their granddaughter to Emma. His father was furious about the custody battle and said it would’ve been better if Emma hadn’t survived the last time she had OD’d. I think he’s protecting Gary Burk.”
QUESTIONING GARY WOULD TAKE FINESSE. Without the records from the pay phone, which could take months for them to receive, they had nothing. While Todd had time on his side and in turn was giving Gary a chance to run.
Holden needed Gary to slip up and give something away so that they could hold him in custody and charge him. But to agitate the guy and break him down to the point of self-incrimination, Holden needed more information.
He strode up to the desk at the nurses’ station.
Terri greeted him with a smile. “Hey, there, Holden.” She stood and handed him a thick manila envelope that had been sealed. “Those are the records on Emma Burk, and I heard you were looking for me.”
“Yeah, can we speak? Somewhere privately?”
“Sure.” She led him to a supply closet and closed the door. “What’s up that requires such confidentiality?”
“I’m trying to get to the bottom of who killed Emma. I need to nudge a suspect, but I have to be sure I’m pushing the right buttons.”
Her smile faltered. “Okay. But I don’t know how I can help.”
He sighed. “I’m not asking for details. I just need to know if the Burks have a tendency to come into the emergency room with accidents.”
Terri narrowed her eyes at him. “I’m not sure I know what you’re asking.”
“Accidents that could possibly be abuse. Lorraine. Kyle.”
She stiffened. “Please tell me you’re not asking me to violate a federal law by disclosing HIPAA-protected medical information?”
“If you reasonably believe that either is a victim of abuse or domestic violence permitted disclosure is allowed. I’m not asking for any specifics, but if Lorraine has been coming in with black eyes or claiming she fell, I need to know.”
“I’ve been working in the ER for years. The Burks aren’t regulars. I know what an abused person and ongoing domestic violence looks like when I’m treating someone. Every time Todd’s girlfriend ends up in here, I’ve reported it.”
That was true. Holden sighed. “What about Kyle? He might not be a regular, but he came in a week ago for a broken hand. Maybe it wasn’t an accident. I don’t want you to disclose anything you’re not comfortable with, but if Kyle’s hand wasn’t an accident, I need to know.”
“I have never believed the rumors about you,” she said. “You’ve always been a stand-up a guy, even in high school. But this—”
“Straddles the line. I know. I’ve got one chance at this. In a few hours, Todd Burk is going to be released because the DA’s office isn’t going to charge him. Then he’s going to make a phone call and the real guilty person is going to get away. Please help me. All I want is justice for Emma. You knew her, didn’t you? She was on the cheerleading squad with you before she got caught up in drugs.”
Terri lowered her head. “Emma was just a freshman when she joined the squad.” Her expression and demeanor softened. Sucking in a deep breath, she flicked a glance at the door. “Kyle claimed what happened to his hand was an accident. It’s possible. But...” She hesitated. “It’s also possible that it wasn’t. What I can say for certain is that it didn’t happen a week ago.”
He rocked back on his heels. “What? Then when?”
“Kyle came into the ER early Friday morning.”
After Emma was killed? “Are you sure?”
“It was after three thirty, close to four in the morning. He was the last person I helped the doctor treat before my shift ended. I’m positive.”
PULLING UP TO Custom Gears, Holden answered an incoming call from Mitch. “What did you learn?”
“Misty was reluctant to talk, but I assured her it was to help Todd stay out of trouble and that for now her statement would be off the record.”
“And?”
“She claims that she was with Todd most of the night. At first, they were partying with the other Iron Warriors, then she entertained him privately in his room from midnight to three in morning, when he got a call on his cell. Whatever it was about seemed to upset him and he left in a hurry.”
“Thanks.” Holden disconnected and strode into the office of Custom Gears. “I have some follow-up questions, if you don’t mind,” he said to Kyle.
“Sure.” Kyle stood and came around the desk. “My parents are at home, making funeral arrangements for Emma. We can go over and talk together.”
“That won’t be necessary,” Holden said as they stepped outside. “I’d rather not disturb them. Not when you can help me.”
“Okay.”
“Can we go to the garage and take another look at the motorcycles while we talk?” Holden asked.
Kyle shrugged. “If you want.” Across the street, Kyle opened the garage.
As they entered, Holden pulled out his recorder and held it up. “Do you mind? It’s so I don’t have to take notes and it makes my report easier to complete.”
“Whatever. Let’s just get on with it.”
Holden started the recorder. “Thanks for answering a few follow-up questions. I know this is a difficult time for your family. When is the funeral?”
“A couple of days after Christmas.”
“Hopefully, this will be my last visit.”
“Anything I can do to help,” Kyle said.
“Over at Custom Gears,” Holden said, running a hand over the Fat Boy 114, “let’s say this rear fender were to get damaged, scraped in an accident. How long to fix it, make it look brand-new?”
“I don’t know. I’ve never timed it.”
“Take a guess. What’s the fastest do you think it could be done?”
Kyle shrugged. “Maybe, uh, two to three hours.”
“When was the last time you saw Emma?”
“I already told you.”
“I’m sorry to go over the same ground. If you wouldn’t mind telling me again.”
“Thursday night. Here at the house.”
“Are you sure you didn’t see her again later?”
Kyle tensed. “I’m sure.”
“You were really worried about your parents, weren’t you? About what Emma was putting them through with the custody battle.”
“Yeah, of course I was.”
Holden nodded. “I only have a couple more questions.”
Cautious relief crept over Kyle. “Sure.”
“First, I’m going to tell you what I’ve pieced together so far and then I just need you to fill in the blanks for me. I only have two left.” Holden walked away from the motorcycle toward Kyle. “Emma fought with your parents, giving your mom a migraine, nearly giving your father a stroke. But you didn’t get involved. You stayed on the sidelines, listening and watching. That’s what made Emma feel comfortable enough to call you later for a ride back to the B and B.”
“What?” Kyle’s face turned pale. “She didn’t call me. I wouldn’t have picked her up after what she said to Mom and Dad.”
“That’s precisely why you did pick her up. Because you thought you’d talk some sense into her. Right? Get her to change her mind. But you two ended up fighting instead. The next thing you know you pushed her.”
“Wearing this?” Kyle held up his broken hand, his mouth tightening in a hard, thin line. “I can’t ride a bike wearing a cast.”
“That’s true. It’s the reason I initially dismissed you. But both of your hands were fine when you killed Emma. Weren’t they?”
His eyes went wide. “No!” Fury gripped Kyle’s face. Then he tried to compose himself. “No,” he said again in a calmer voice. “It was broken.”
“And both your hands were fine when you repaired your father’s bike, which took two to three hours. After that Todd came over and for some reason, somehow, he broke your hand.”
Kyle made a guttural sound of outrage. “You don’t know what you’re talking about. You can’t go around making up stories because you’re too incompetent to do your job.”
“What I can’t figure out is why you called Todd and how he ended up with Emma’s Starlight necklace. Can you fill in those blanks for me?”
If looks could’ve killed, Kyle would’ve put Holden six feet under.
“I was home all night long,” Kyle said through clenched teeth.
“You fixed the bike to erase the damage, but you’re forgetting about the phone records. The call Emma made at the pay phone to you. You can’t make it disappear.”
Not expecting that, Kyle blinked in surprise, but he was still fuming, looking as if he was deciding between fight or flight.
“You found a way to circumvent the security system on the house,” Holden continued, “or your dad knew you shut off the alarm and left, which would mean he lied to me. Maybe both your parents lied because they knew that you killed Emma. That’s obstruction of justice. If I arrest your parents, Amelia will get thrown into foster care or maybe Jared will get her. Either prospect would be unthinkable, unbearable to your parents.”
Kyle’s expression shifted as he withered in front of him. “No, you can’t do that. They didn’t know. They had nothing to do with it.”
“With what?” Holden eased closer. “Fill in the blanks for me. So we can leave Gary and Lorraine out of this. So Amelia can stay with them. Isn’t that what you wanted all along?”
A broken sob came from Kyle. “I didn’t mean to kill Emma. It was an accident.”
“Tell me how it happened.”
“She called me. Asked me to come get her because of the rain.”
“Did you turn off the alarm?”
Kyle shook his head. “The security guy that installed it forgot to put a sensor on one of the windows in the basement. I like it that way. So I can come and go as I please.”
“Your parents didn’t know you left?”
“No.” A single tear rolled down his eye.
“What happened with Emma?”
“She wouldn’t listen to reason. Wanting to take a little kid into that compound. We don’t know what goes on in there. I begged her,” he said, with pleading eyes, “begged her to put a stop to the custody proceedings. But she was being so stubborn because McCoy got into her head. We fought. And I just...” Another sob came from him. “I just wanted her to stop. I put my hands around her throat and I,” he said with a hiccup, “I squeezed and squeezed. I don’t know.” Kyle lifted a shoulder, his eyes glistening with tears. “I guess I pushed her. And then her necklace was in my hand. Then I ran.”
“You were scared and had all that adrenaline pumping.” Holden softened his voice. “You came back here.”
Swallowing, Kyle nodded. “I saw the scrapes on the bike. I had to fix it. So Dad wouldn’t see it and ask questions.”
“Why did you call Todd?”
Kyle gave a hoarse sob. “I had to tell someone. I didn’t know what to do.”
“What happened when he came?”
Hanging his head, Kyle broke down, weeping. “I told him what I did. Showed him the necklace. He snatched it from me. Called me stupid. Todd was so angry.” Tears fell from his eyes. “He took a hammer and he smashed it on my hand.”
“Why?”
Kyle clutched his broken hand, holding it to his chest. “I felt like it was to punish me. Then when you came around asking questions, I don’t know, I thought maybe he did it so you wouldn’t suspect me.”
If that was the reason, it had worked.
“I’ve got to take you in, Kyle.” Holden turned him around, took out zip ties and put the plastic cuffs on him that would fit over his cast. “You’re under arrest for the murder of Emma Burk.”