Silent

By Ron Thom

"Keep your mouth shut, don't say any more than you have to.  If someone tells you that you have the right to remain silent, then by God, remain silent!"

Captain Abel Wallace is accused of murder, and invokes his right to remain silent - causing his defense team to search for clues to aquit him with little assistance.

• Language: English
• Publisher: Ron Thom
• Release date: Jun 5, 2018
• ISBN: 9781386168515

Book preview

"You have the right to remain silent.

Anything you say can and will be used

against you in a court of law.

You have the right.........."

THE DEED

WHITE SMOKE BILLOWED out through the door at the back of the boat.  It was thick.  The outline of the door vanished.  It spilled to the right and to the left and caressed the ceiling.  A waitress was engulfed and lost.  There was no crackling or the pop of something burning.  No flames appeared and there was not the usual woodsy smell of smoke.  Slowly, eerily, silently, it closed in on the tables where passengers were awaiting their lunch to be served. 

Look!  Look!

What?

Smoke!

Oh my!  Oh my!  Oh my! 

We're on fire.

Wait, can you see a flame?

Lifeboat!

Where did he say the life jackets are?

Do I need a life jacket?

No!  I don't see fire.

Trained not to run in an emergency in front of passengers, the First Mate couldn't believe this was happening.  The Captain kept this boat in tip top condition.  These things were never supposed to happen.  He made the appearance of walking normally, but his heart was pounding and his feet were wanting to move as fast as they could.  He did control himself and walked swiftly by the table and said,  It's OK ladies.  Just stay in your seats.  He called to a deckhand,  Call the Captain!  And you! looking at a third member of the crew, Never mind.  He saw Bruce, the Second Mate and said,  Get on the speaker and read the emergency instructions.  Slowly!  Calmly!

Realizing that Bruce was to get to the wheelhouse as soon as possible, the First Mate went back to the previous crew member to give the emergency instructions.

The crewman read the emergency announcement,  The boat has been stopped and by order of the State we must ask you to return to your assigned table.  Please stay at your table until such time as we give the all clear.  The wait staff will serve you complimentary drinks.  We will keep you informed as to the nature and cause of stopping the cruise.  Enjoy visiting with your table mates and the complimentary drinks.  The cruise will continue shortly.  Thank you for your attention.  The crew member giving this message to the passengers stayed at the  microphone to be able to relay more messages as needed.

Large amounts of smoke came pouring out of the engine room.

Screams could be heard from all the decks.  Someone was heard saying,  Paid all this money to have fun and this happens.

It took a few moments, but the announcement to return to the assigned tables was heard over the P.A. System. 

The Second Mate, following protocol, was on his way to the wheelhouse to relieve the Captain. 

The wheelhouse sat forward on deck four about five feet above the deck itself.  It had two doors, one on each side of the house.  The door on the starboard side was used almost exclusively for entry and exit.

Captain Wallace had stopped the engines and the boat was now at the mercy of the currents.  Taking over the wheelhouse, the Second Mate's job was to keep the boat away from shore or running aground.  When relieved, the Captain went briskly down to the main deck and to the engine room to assess the emergency.

Finding the source of the smoke was taking more time than the Captain thought it would.

Captain!  Please come to the wheelhouse immediately,  was the call on the two way radio each crew member carried.

I am busy, Bruce, came the Captain's reply.

Please, oh please Captain, I need you right now.

What is it?  the Captain said, knowing full well that Bruce could not give specifics over the radio.

Anyone within earshot of the two way radio could hear the conversation.  Every member of the crew knew not to mention specific problems over the phone.

Captain, Captain, ah, please, I need you now, right now!

Go see what he's yapping about,  Abel told the First Mate.

With the help of the engine mechanic, Abel was clearing out the smoke.  It was still not clear what was causing it.  The sooner he got rid of the smoke, the sooner he could finish this cruise and keep all the passengers happy.

A new and more frantic call on the radio came from the First Mate.  Captain!  Please!  Come to the wheelhouse, NOW!!

Captain Abel Wallace was not an excitable man and prided himself on keeping cool at all times.  He was the strong, silent type.  The smoke was found to be coming from a very large smoke bomb nestled under one of the engines.  He made sure the engine mechanic had the situation under control and walked to the stairs to go to the wheelhouse.  The thought came to him, that he should go to the back stairs which would take him through the dining room where passengers could see he was calm, which would mean that all is well.  He was stopped several times by people at their tables asking if the ship was in trouble.  Each time he stopped, he looked right into the eye of the questioner and in a loud voice said the smoke was nothing.  It had been cleared and the cruise would continue as soon as he got back to the wheelhouse.

We will make another announcement explaining everything momentarily,  he said with conviction, looking from one side of the dining room to the other.  He disappeared into the stairwell.

Now at the wheelhouse, he said,  What the hell is all the excitement?

The calm, cool, unflappable First Mate was pointing at the bench against the wall on the left side of the wheelhouse, while nervous and excitable Bruce was pacing back and forth saying,  Look!  And every time he turned around he said it again - Look!

There was a bench on the left side of the wheelhouse wall, but not on the right side.  On the bench sat a man with his legs outstretched and his back against the wall.

You called me up here for this?  You could have told him to get below.

Look closer! the First Mate said firmly.

Abel walked around in front of the man.  He was bending over thinking the man might be asleep.  He immediately stood straight up to his fullest height.  A look of wide eyed disbelief covered his face.  The man's forehead was gone!  There was blood all over the rest of his face.  One arm was over the top of  the bench which held him in place.  The other arm hung down outside the arm rest.

Oh shit!  was all Abel could say.

Not one of these three men had ever seen anything like this.  Not being trained for a situation  this gruesome, they didn't know what to look for.  Abel had the thought to feel for a pulse, but decided not to.  The man was quite obviously dead.  The clothing on the man was disheveled and a money belt was visible.

Don't touch anything! Abel said firmly. 

The three men stood quietly, each trying to imagine what had happened here, on deck four, next to the wheelhouse.  Then they all spoke at once. 

Bruce, the Second Mate asked,  What do we do? 

This sure screws up a cruise, whispered the First Mate. 

Did anybody see anything?  wondered Abel, looking at his two Mates.

Bruce was clearly shaken.  You think he shot himself?

From behind?

Oh, yeah.  Well........., maybe he shot himself in the face!

And then threw the gun in the river!!  Where's the gun?  What's the matter with you?

The embarrassed Bruce said,  This is my first dead guy!

The always-thinking Abel said in a voice loud and clearly in command,  Call the police!

Do we stay here or move to dock? queried the First Mate.

Without answering this question, Abel told Bruce to go to the PA and tell the passengers... ,No, you do it,  he said to the First Mate, realizing that Bruce was more than a little shell-shocked.  Tell them that all is fine with the smoke, but we have to ask them to remain at their tables for a short while longer.  Don't say anything more and DO NOT mention police.  Then go to the cargo deck and call the police.  Ask them what they want us to do.  Don't let anyone hear you make that call.

Abel then pulled Bruce over to the railing and told him to get a hold of himself.  You are a valuable member of this crew and a leader.  Remember that and act like a Second Mate,  OK?

Walking toward the body, Abel said,  Bruce, you know what this means don't you?

Bruce tried as hard as he could to think of what this meant, but he was still shaky and his mind was a complete blank.  No,  he stuttered.

We have a killer on board!  Now listen.  Don't tell anyone about this, not even the crew.  And for God's sake don't let anyone up here.

Abel slowly walked around the grisly scene, looking it up and down.  He felt his lunch creeping up his throat.  Can't throw it up now,  he said to himself.

The current was taking the boat in the opposite direction of where the dock was.  It was late Spring and a warm sunny day.  The small town houses were visible along the shore.  The dock too, was in sight and the captain knew he had to stay close.  Abel decided he had better start the engines and keep her near enough to where the police would want to board.

A big sigh of relief was evident through the dining room as the announcement was made and they heard the engines come to life.  The chatter picked up and soon the laughter returned as the waitresses hustled around taking orders and delivering drinks.

Bruce had a good talk with himself and decided he was going to be in control of any orders given him and be the Second Mate the Captain wanted him to be.  There being a stairwell fore and aft to each deck, he grabbed two of the younger crew members and stationed one at each staircase going to deck four.  He placed a rope across the entrance of each and firmly ordered the crew members to stay at the bottom of the stairs and not allow anyone to go to the fourth deck.

As Abel was winding up the engines, the First Mate was on the phone to the police.  A police sergeant answering the call didn't believe what he was hearing and asked if this was a prank.  Assured the call was real he instructed the First Mate to go directly to the dock, but not let anyone off the boat.

We're in for it now,  sighed the First Mate under his breath.

At the same moment, Abel said to himself,  This is not good.

Dock her, Captain,  the First Mate radioed.  But we can't let anyone off.  The cops are on their way.

OK.  Do not drop the gangplank.  And line up all crew and waitresses across the debarking gate.  Call together Bruce, Roger and Glady.  Tell them what is going on.  Then the four of you be ready to defuse and calm down any passengers who will be pissed about not getting off.  Again, do not mention a dead body or the police.  I'll stay with the body and the wheelhouse.  Oh yeah, tell the shore crew just to wait on the dock.  Don't let any of them on board.  Tell them to lash the ship down tight.

Do I tell Roger and Glady about the body?

I guess we have to.

This was a Dinner Cruise Boat, a stern-wheeler, that made cruises twice a day on a large river in a western state.  Coming on board it was easy to see that this was a special vessel.  The paint looked fresh and bright.  The tables and chairs had no noticeable nicks or scratches.  The carpets were clean and plush.  The windows sparkled with the afternoon sun shining through.  There was a slight breeze bringing the smell of the river with whiffs of food being prepared.  It was a medium-sized boat, a little less than a city block long.  Two decks were above the main deck.  A sign on one of the walls said the seating capacity was 350.  It took a crew of six to work the boat and the number of waitresses was determined by how many passengers on board.  A reservation was required for passage.

Unmarked detective cars, black and whites, sirens blasting and the ambulance arrived en mass and flooded the parking lot.  The street was too far away from the dock, but the sirens and commotion in and around the ticket building, restaurant, gift shop and staging area were easily heard by the passengers waiting to get off the boat.  The sound of casual talking among passengers grew one hundred fold as they feared that something very bad had happened.  Why else would the police be arriving in force?

Abel heard the roar from the main deck and decided another announcement needed to be made. He plugged into the PA from the wheelhouse and said,  Ladies and gentlemen!  We have had an accident on board which requires the assistance of the police.  They have instructed us that all passengers and crew remain on board for a short time while they check things out.  I think the best thing to do is return to your assigned table.  The police will give us further instructions as they see fit.  I am sure this inconvenience will be short and we will all be on our way very soon.  Thank you.

I bet someone has been killed or stabbed and thrown overboard, one passenger said to another.  Why else would they be calling the police?

The First Mate greeted the police Lieutenant at the gate.  The shore crew had to place a makeshift plank down so the police could get aboard.  There were no provisions for a situation such as this and the impromptu plank was more than a little shaky.  The Lieutenant's partner was about to fall off the weaving plank when an alert pair of shore crew grabbed his arm to steady him.  These two stayed next to the plank to make sure all police made it safely on board.

This way sir,  was the First Mate's way of guiding the Lieutenant past the curious passengers who were eager to find out why the police were here.  You better come too, Bruce.

What's going on Detective?  came a call from across the room.  Are we being shanghaied?  Some laughter and a few snickers followed, as the parade of police went up the stairwell to the third deck.  Two officers were stationed at the bottom of the stairwell going to deck four to stop those passengers who thought they could follow the police and find out what all the fuss was about.

As the Lieutenant reached the top step to deck four, he looked up and saw a person standing on the platform of the wheelhouse, five or six feet above the deck.  He was silhouetted by the afternoon sun, one arm fully extended, leaning against the door of the wheelhouse and the other hand on his hip, the elbow straight out.  An object looked to be under the belt protruding outward.  The Lieutenant pictured the Captain of a Pirate ship, sword through his belt gloating over his latest conquest.

The Lieutenant was led to the opposite side of where Abel was standing and to the bench with the lifeless body of a man dressed in a very expensive dark business suit .  His coat was open wide on both sides showing a white silk shirt and equally luxurious silk tie.  The tie was thrown to one side and the bottom of the shirt was pulled out of his pants.  The lower three buttons of the shirt were ripped off.  Underneath the shirt was a money belt, empty, with the flaps of the pockets turned up.

Easy to see why this Slick is dead.

A robbery!

Yeah, but something tells me there's more to it.  This isn't the usual place for a Slick like this to be.  There was an important reason for him to be here.  Nobody else is dressed this slick.

The Lieutenant's partner, Jack, was doing the close observation of the body.  Looks like a twenty two.  And then this!

Forensic crews had not arrived yet so Jack could not move anything on the body.  But there was a big blood stain on the shirt in the area of the heart.  Seeing burned flesh below the edge of the shirt, his experience told him there was a wound underneath.

THE PROBE

THE THIS JACK REFERRED to was a bullet hole through the heart.  And the hitter is still on board.  This should be easy.

Keep that second shot under wraps,  said the Lieutenant.

Standing straight up with a big sigh,  This makes no sense.  Why here?  On a boat in the middle of a river,  he said to no one.  And how did the shooter think he could get off the boat?  A crew member, maybe?

Turning to the First Mate, he asked,  Who's the Pirate topside?

That's the Captain,  the First Mate said proudly.

Who found the body?

Ah, I,  I did,  said Bruce, his trembling returning.

Who was with you when you found him?

Ah, I was here in the wheelhouse alone,  he said pointing to the wheelhouse. 

Where was the Captain?  Jack jumped in.

I, ah,  relieved him to go to the emerg...ah smoke.

Smoke?  What smoke?

We'll get to that Jack.  Was the Captain in the wheelhouse when you relieved him?

Y-e-s.

Was he alone?

Ah, yes.

You guys stay here,  the Lieutenant said to the First Mate and Bruce as the CSI people were arriving.  He turned facing the front of the boat and beckoned Jack with an index finger to follow as he walked around to the front of the wheelhouse.

We haven't had one of these in a long time.  What'd ya think?

Jack was on top of it.  "A guy is whacked, looks like a pro job.  If nobody got off the boat it

means the hitter and the goods are still here.  I thought it was going to be easy, I don't think so."

The Lieutenant continued,  Two different guys alone with the body at different times.  That's interesting.  We search the boat, we search everybody.  That means warrants,  the Lieutenant was warming up.  I lean toward the Pirate.  It looks like, to me, that the shooter is familiar with the boat or is a regular.  The Kid couldn't plan this alone.......or maybe them together."

What about a pro mechanic?  It looks like a pro hit!  Jack offered.

Yeah, that's all we need.  But again, would a hit man be this knowledgeable with the boat and its routine?

Go talk to the Pirate.  And so we remember, you got to get him talking so he can't go silent when we Mirandize him.  We can move the words around anytime.  And bag these guys' hands.

The Lieutenant was so intent on his instructions that he did not notice an open window above him.  Abel was still in the wheelhouse and overheard the Lieutenant's words,  .......so he can't go silent when we Mirandize him.  We can move the words around anytime. 

OK you son-of-a-bitch,  Abel said to himself.  You're going to change my words!  Then nobody is going to hear one word out of me from now on.  Anything I have to say, I will say only to myself.  Besides, I wasn't here when it happened.  The guy still has to be on the boat.  They'll get him and we'll all go home happy.

He continued listening for any more gems of police tactics.

Jack, put two uniforms at the gate and send the rest of our crew up here for briefing.  Start videotaping both sides of the outside of the boat so we can see if anyone throws anything overboard.  Then get the Pirate talking.

What about the passengers?  I'll tell them there will be an announcement shortly.

Good.

The Lieutenant was William (Willie) Verdugo.  He was a big man.  Six five and 300 pounds.  His resume' was impressive.  He always wanted to be a cop.  He had an opportunity with the CIA and at their school quickly realized he had no stomach for the intrigue and their behind the scenes shenanigans.  He got into Army Intelligence, loved it and perfected his skills.  Although he liked the work, he wasn't thrilled with the Army.

CSI was going about their business and so not to contaminate the fourth deck Willie moved down to the third deck to greet his crew.  He asked the First Mate to patch him into the PA and said, Ladies and gentlemen.  I am Lieutenant Verdugo of the Central Police Department.  We regret the inconvenience, but we have a criminal situation on board this ship which requires our investigation.  We must ask you to stay in your seats....

Tables, the first Mate corrected.

.....Tables!  You may use your cell phones to call friends and relatives that you will be later than expected.  Thank you for your understanding.

The grumbling from the main deck below grew louder as the phone calls progressed.  Jack finished positioning the cops and asked Willie if it was wise to let the passengers use their phones.

How ya gonna stop em?  We don't have time to collect all of em.  They don't really know anything yet anyway.  Be sure to line up our guys to watch for anyone throwing something away.

Willie had found his passion as a major city police detective.  He worked his way up to Lieutenant and is next in line for Captain.

The aforementioned passenger said, I told you.  Somebody up there is dead.  And here's another thing, whoever did it is still on board.  We're going to be here all night.

This case was a real challenge.  There was a murder and the chance that the murderer got off the boat without being seen was slim.  But, it is still something to keep in mind.  More likely this meant the killer was still on the ship and he was one of the passengers or the crew.  The second shot erased the possibility of a shooter from the shore.

Willie went looking for the CSI Lead.  Jack was organizing the interrogation process and took it

upon himself to call headquarters and ask for more officers who were experienced in interrogation.  There were 68 passengers and who knows how many crew members.  This was too important and there  were too many for the three or four people he had with him including Willie.  Headquarters said they might have to call the State Police for help and maybe even the FBI.  Nobody wanted the FBI right now, but Jack knew they would get involved sooner or later.

The method of operation that Willie developed over the years was to pick the person he thought committed the crime immediately, and then work through the evidence which would bring him to the same conclusion.  However, he was a fair and honest man.  If the evidence showed that someone else was the culprit, he accepted it and moved eagerly on to proving the other guy did it.  His instincts were most often correct and he trusted those instincts.  He was not against listening to colleagues ideas and jumping on them when he saw possibilities.  But, to change his mind, your argument had to be strong and compelling.  He also had this way of nicknaming people.

CSI was very efficient and the lead processor knew Willie would want some information and went to the stairwell where Willie was waiting.

You saw the body.  The first shot was in the back of the head, execution style.  It is hard to believe he fell on his back.  That means he was turned over and the second shot was point blank over the heart.  The bullet didn't hit any ribs either going in or coming out.  The shooter was really lucky or he knew exactly what he was doing.  And here is an interesting thing, the shooter moved the shirt out of the way for the second shot.  We got the bullet for the second shot, but not for the first, yet

What do you mean, yet?

The first slug went through the skull, but naturally it was slowed down.  A twenty two is not all that powerful unless there were special loads in the rounds.  It wasn't found on this deck.  But it could have fallen on the next deck below.  We haven't looked there yet.  Most likely it went into the water.  We found an old, off-the-rack, suit coat and gloves on the outside of the life raft.  On the river it is windy on this deck.  The coat and gloves were fastened to the raft.  We could find no gunshot residue on either the coat or gloves.  Not even bits from the bullet or casing.  There is, however, some blood spatter.  The wind blew the residue off.  Willie, my boy, you're dealing with someone who definitely knows what he is doing.  My guess is that the shooter moved the body to the bench to make it easier to get the belt or just to confuse us.  This guy is good.

How long would it take to do all of this.  I mean there are several moves here.  The shooting, moving the body, emptying the belt, hanging the coat and getting away.  And would he have blood on him somewhere?

The two shots and the move to the bench could be under two minutes.  Taking the coat off and gloves could be fast, but the tying them would take some time.  I would think this guy had practiced tying or had something prepared in advance.  I think in less than five minutes for the whole thing.  This guy is good!  It could have even been four minutes.  I don't see how he could avoid blood on his person.  Oh, by the way, we found a detonator by the stairwell.  Had to be dropped.  Can't see any reason for it to be placed there.

Detonator?  Why the hell would anyone have a detonator on a boat?

Thinking to himself he said, Could that be what set off the smoke?  Ah...a diversion!

Beats me.  I'll let you figure that one out.  And one other interesting thing, we found tape under the bench.

Tape?  What kind of tape?

Duct tape.

Jack had the third deck all ready for the interrogations.  He was starting to bring people up when Willie came hustling down the stairwell.  You get the warrants?

Yeah, the judge called them in right away.

"We search first!  We need a gun.  We need the money.  And we