Hear No Evil

Gerry sat quietly for a moment, thinking. Finally, he looked at Jack and said, “What do you need?”

“There’s a ton of information missing from the NCIS report, but one hole in particular has me scratching my head. Lindsey Hart says that her husband was alive when she left the house at five-thirty A.M. The medical examiner puts the time of death between three and five A.M.”

“Not the first time the forensic evidence contradicts a suspect’s version of events.”

“Hear me out on this. The victim was shot in the head with his own weapon. The report makes no mention of a silencer. In fact, he was shot with his own gun, which was recovered in the bedroom just a few feet away from his body. No silencer in sight, no tattered pillow or blanket that was used to muffle the noise.”

“So?”

“They had a ten-year-old son. If Lindsey Hart shot her husband between three and five A.M., don’t you think their son would have heard the gun go off?”

“Depends on how big the house is.”

“This is a military base. Even for officer housing, we’re talking two bedrooms right next to each other, eleven hundred total square feet.”

“What does the NCIS report say?”

“Nothing that I could find. Maybe it’s on one of the pages that was blacked out.”

“Maybe.”

“Either way, I want to know how the investigators account for the sound of the gunshot. How is it that a woman fires off a 9 mm Beretta, and her ten-year-old-son in the next room sleeps right through it?”

“Could be a sound sleeper.”

“Sure. That could well be their explanation.”

“And if it is?”

Jack paused, as if to underscore his words. “If that’s the best they can come up with, Lindsey Hart may have just found herself a lawyer.”

A weighty silence lingered between them. Finally, Gerry said, “I’ll see what I can do. Keeping Jack Swyteck off the case might be just enough incentive for the lead prosecutor to cough up a little information.”

“Wow. That may be the nicest thing you’ve ever said about me.”

“Or maybe I just don’t like women who murder their husbands and then run out and hire a sharp defense lawyer.”

Jack nodded slowly, as if he’d deserved that. “The sooner the better on this, okay?”

“Like I said, I’ll see what I can do.”

“Sure.” He rose and shook Gerry’s hand, then thanked him and said good-bye. He knew the way out.

4

The answer came back sooner than anticipated. It was anything but what Jack had expected.

Jack had taken an easy weekend, a little boating on the bay with Theo, some work in the yard. Nothing could stop him from wondering how different his life might have been. At first, his attraction to Jessie Merrill had been overwhelmingly physical. She was a striking beauty, definitely not a prude, though the bad-girl image was mostly an act. She was easily as bright as any of the women he dated in law school, and if her impressive sphere of knowledge included knowing how to please, who was Jack to hold it against her? Unfortunately it hadn’t occurred to him that she might be “The One” until after her flawless rendition of the time-honored “I don’t deserve you, sure hope we can still be friends” speech. Jack would have given anything to get her back. Five months later, when she actually did come back, Jack had already fallen for Cindy Paige, the girl of his dreams, his bride to be, the woman he would eventually divorce and never speak to again. Jessie graciously backed away and wished him well, never bothering to tell him that she was carrying their baby.

What if he’d never met Cindy? Would he and Jessie have gotten married? Would Jessie have avoided the life choices that had courted death at such a young age? Perhaps Jack would have a son to take to baseball games, to go fishing with, to viciously defend from the corrupting influences of Uncle Theo. By Sunday night, Jack had created the perfect little world, the three of them living happily ever after, the image of his son firmly in his head, everything about him as real as it could be-the sound of his voice, the smell of his hair, those ski

Then came the Monday morning phone call from the U.S. attorney’s office, the reminder that nothing in life was ever really perfect.

“Lindsey Hart’s son is deaf,” said Gerry Chavetz.

Jack could hardly speak, and he managed to utter only the obvious. “That’s why he didn’t hear the gunshot.”

“That’s why he can’t hear anything,” said the prosecutor.

Gerry continued to speak, and Jack gripped the phone tightly, as if fearful that it might drop from his hand. Jack should have probed for more information, and he would have kept Gerry talking all morning if the boy had been just another boy. But circumstances made it impossible for Jack to pretend that he didn’t care, and his co

“Gerry, thanks a ton for the favor.”

“Does this mean you’re not going to defend her?”

“I have to think about that.”

“But you said-”

“I know. I’m sorry, but I really have to run.”

The phone landed with a little extra weight as he laid it in the cradle. He walked to the kitchen window and stared out toward Biscayne Bay, watching in silence as a warm southeasterly breeze carried in an endless roll of waves that gently lapped the seawall. It wasn’t the overpowering force of nature, the kind of display that could strike fear in the soul. But it was unstoppable nonetheless, as unrelenting as the surge of emotions coursing through Jack’s veins.

An image flashed in his mind, Jack standing in the hospital’s nursery and holding a baby, the proud young father smiling ear to ear as a doctor slowly approaches, a serious expression on his face that robs Jack of his grin. It’s obvious that the news is not going to be good, and Jack somehow realizes that the doctor is going to tell him that his son can’t hear. Suddenly, the image transforms itself. Jack is no longer a father but a little baby in another man’s arms. The man at the hospital is Jack’s father, a young Harry Swyteck, and miraculously this sleepy little newborn named Jack can both hear and understand as the doctor lays his hand on Harry Swyteck’s shoulder and says softly, “I’m very sorry, Mr. Swyteck. We did everything we could, but we could not save your wife.” Jack feels himself falling as his father collapses into a chair, feels his father’s body shake as the grim reality sets in, feels the young widower’s embrace tighten as though he will never let this child go. Harry is saying something, trying hard to speak, his voice muffled, his face buried in the cotton blanket that is wrapped around his son. The words are a confusing mixture of love and anger, an anger both bitter and enduring. In his mind’s eye, Jack is still wrapped in that blanket as the years are flying by. His father continues to speak, seemingly unaware that the boy is growing up, convinced that his son can’t hear him anyway. Jack isn’t exactly sure when it happens, but at some point the doctor returns. He refuses to look Jack or his father in the eye, as if he doesn’t know which one should receive the distressing news.

“The boy is deaf,” says the doctor, and it’s Harry who sobs, though it pains Jack to know that it will take almost thirty years to get his hearing back, to understand what his father is trying to say to him.

Jack stepped away from the window and shook off the distorted memories, though they weren’t memories at all, just painful images of a past that never seemed to stop haunting him, a past he had never let himself explore fully. The discovery of his own son wasn’t going to make matters any easier.

Or would it?

As he reached for the telephone, he was suddenly a lawyer again. He dialed the InterContinental, put on his game voice, and told the hotel operator, “I’d like to speak to one of your guests, please. Her name’s Lindsey Hart. It’s urgent.”