A Case of Greed: Litigation Runs Rampant

By Don L. McCarty

It is 1997 when retired attorney, Austin Wells, receives a desperate phone call from his former friend, Adele Ogden. Her brother, Frankie, has been reported being murdered in Ensenada, Mexico. After Austin reluctantly agrees to accompany her to Mexico to temporarily help sort things out, he has no idea he is about to walk into a complex mystery mired in malice, greed, and betrayal.

With nothing to go on but a phone call from an unknow caller, the two leave San Diego for Mexico to determine if and why Frankie was killed. After finally locating a body in the morgue, Austin and Adele begin gathering facts from the locals and the American Embassy that soon leads them to believe Frankies death was part of a larger conspiracy. But it is only when the pair returns to San Diego that they discover that Frankie has bequeathed his property to unlikely recipients, further complicating a mystery that ultimately leads them back in time to World War II and into the depths of the Catholic Church where they uncover a shocking truth about Frankie.

In this murder mystery, the past and present collide with ethical ironies as a secret is unveiled and a tenacious attorney attempts to piece together a conspiracy in time to save its innocent victims from a bleak destiny.

• Language: English
• Publisher: Archway Publishing
• Release date: Nov 17, 2014
• ISBN: 9781480811669

Don L. McCarty

Don L. McCarty was born on a farm in Canada. He enlisted in the United States Navy during the end of World War II. Then began university and work as a design engineer in the fields of automotive, nuclear, and aerospace, including NASA. He is a member of the California and Federal bars. McCarty resides near the mountains in California.

Book preview

CHAPTER 1

ENSENADA, MEXICO

1997

"LOOK, YOU FOOL. YOU

got blood all over yourself. Tryin’ to advertise what we done?"

The big Mexican frowned and looked at Scar Face. I’m busy gettin’ the old man’s wallet and van keys. No time for washin’.

Get that blood off you, and do it quick,Dirty White Shirt ordered.

Did you guys get all of his clothes and everything else he had in the room?

Yeah.

Okay. Get it stuffed into his van, and let’s get out of here. Do you think the kid knows?

Nah, he was too scared to hang around.

CHAPTER 2

SAN DIEGO, CALIFORNIA—ENSENADA, MEXICO

1997

THE SHRILL RING OF

the telephone woke Austin up. He looked at the clock.

Four o’clock! I’m not talking to anyone at four o’clock in the morning.

He listened to Adele Ogden’s frantic voice on the answering machine. Austin, Austin, she sobbed, Frankie’s been murdered. Help me. Please, please help me.

This is indeed shocking news, Austin thought as he wondered what Frankie had gotten himself into. He hoped Adele didn’t want his legal help, although he was more than willing to give her moral support.

Austin picked up the phone. I’m very sorry to hear about Frankie, Adele. How did it happen?

Someone just phoned me and said Frankie was murdered in Ensenada and hung up before I could ask anything. It was a man’s voice. I was shocked and confused, she continued, weeping. Austin, I don’t know what to do or where to turn.

Austin thought for a moment and then said, Perhaps you haven’t heard; I finally retired. I’m not taking any more cases. If it’s anything other than law, I’ll help. If it’s legal work, you need try some of your attorney friends in La Jolla. I would think any one of them would be able to help you. A lot of them were just at that party you gave at La Casa del Zorro in Borrego Springs last weekend.

But, Austin, I want your help, she begged. You’ve been my friend for years, and I trust you and your judgment.

Their relationship was like a sponge squeezed dry over the years. The essence remained, clouded over with shadows of pain. In spite of that, Austin held firm, old-fashioned values about assisting women in distress.

I appreciate that, Adele, but first try your attorney friends who are actively practicing law. I was planning to sail to Catalina today.

I’ll do as you ask and try to reach someone. If I can’t find anyone, will you be home to help me? Adele pleaded.

I’ll wait an hour or so while you sort things out, Austin replied.

Bruce, Bruce, please pick up the phone! There was no reply, just the sound of her brother’s answering machine in Boston. Bruce, call me immediately. Something horrible has happened to Frankie, Adele said, still hoping for some miracle. It can’t be. It has to be a mistake, she thought frantically to herself. How did it happen? She cried into the silent telephone, still clutched in her hand.

Adele phoned her best friend, Alice. I just got word that Frankie was murdered in Ensenada.

What! How terrible. How did it happen?

I don’t know. I’ve phoned some of my attorney friends. None of them will help me. Why can’t I get one of them to help me? Adele sobbed.

You poor dear. I’ll be right over and help you any way I can, but I don’t know any attorneys. I can’t even find a decent one to handle my own divorce. Did you contact Austin?

I did, and he said he can’t help me. Don’t you think I’d be imposing on him if I called him a second time? You know I haven’t always treated him all that well.

Maybe so, honey, but give it a shot. At least you know he’s honest, and he has contacts in Mexico. After all, he’s always treated you well, hasn’t he?

Yes, he has, Alice. I’ll take your advice.

Adele phoned Austin back within the hour. It’s no good, Austin. They all have excuses. They don’t want to get involved, or they’re afraid to go to Mexico. I’m really disappointed in them. You’ve worked in Mexico. Will you please help me? There’s no one else to turn to.

Austin and Adele had been close once, but as Austin learned more about Adele’s past and her brother Frankie, their relationship began to fade.

Okay, Adele, I’ll go to Mexico with you to sort things out—on condition that when you get home, you retain other counsel. Do you promise to do that?

I promise. Can you pick me up at Ogden Place? Adele asked.

Give me an hour or so to make some calls and to let my housekeeper know I’ll be gone.

Thanks, Austin. I really appreciate you taking time out to help me. I’m sorry if I’ve been difficult. I’ll be waiting for you.

A short time later, Austin drove through the huge black wrought-iron gates of the Ogden family home, known as Ogden Place, and parked his Caddie near the front entrance. He walked directly into the house unannounced, bypassing the servants, and entered the living room. A throng of people were milling about, casting wild ideas about what to do. None of them wanted to take the risk of going to Mexico with Adele. They were all fearful that they would be murdered there too.

Nate, Frankie’s live-in boyfriend, was holding a glass of whiskey in his hand, just sitting there not saying anything. Adele was besieged on all sides, as people about her were urging her to do different things. Her friend Alice held her hand, trying to comfort her.

Austin saw Alice and Adele. He walked directly to Adele and took her by her arm.

Let’s leave. Get what you need from your room. We may be gone a few days, he said. Then he led her to his car.

Tell me again exactly what the person said to you when he called you.

I’m not certain who it was. He didn’t identify himself, but it sounded a lot like Martin Fettuccine. You know him. He is one of Frankie’s friends and business partners. I was asleep. The caller said Frankie had been murdered in Ensenada and hung up immediately.

Was that all? Did he say anything else?

Nothing. Before I could collect myself to ask, he had hung up.

So you had no idea where he was calling from?

I tried Martin’s number to see if he made the call, and there was no answer.

Austin had also tried to phone close friends of Frankie’s before he’d left home, but no one answered. I wonder why all of Frankie’s friends are unavailable, Austin said aloud, not expecting an answer.

I have no idea. Are you still doing work in Mexico?

I keep in contact.

They drove on, cleared the US-Mexican border at Tijuana, and proceeded southward on a toll road all too familiar to Austin, who had traveled it more times than he cared to remember.

Upon arriving in Ensenada, Austin drove directly to the municipal police station, where he was well known, to verify Frankie’s death. He went to the front desk.

Señor, do you have any information about an American named Franklin Ogden being killed or injured in Ensenada in the last day or so? Austin asked in Spanish.

Why do you ask?

It was reported that he died in Ensenada, Austin said.

Wait while I check the records and ask if anyone has knowledge of it.

There are no reports, Sr. Wells, of Franklin Ogden being killed or injured, the desk sergeant said.

Austin returned to his car. They have no knowledge of anything here. Let’s search the local hospitals.

Several hours elapsed as Austin and Adele drove around, searching for information at hospitals and hotels for any news of Frankie. Their efforts produced no results, and they were getting tired. The sun had set some time ago.

At length, Adele conceded, It might have been a false report. Perhaps Frankie is still alive somewhere.

Austin was not so sure. Let’s keep looking. Perhaps he was taken to a small clinic.

They left the main section of Ensenada and began to investigate outer areas.

Look at that old yellow building on the corner over there. It has some sort of red writing painted above the door. It’s hard to read it in the dark. Can you see what it says?

I’m not certain, but it appears to be some sort of Red Cross sign with lettering under it. I can’t read it, either, Adele said.

Let’s check it out. It may be a clinic. Clinics here assume the role of hospitals. Many people can’t afford regular hospitals.

Austin parked his car near the building on the dark, dusty, unpaved street, and he and Adele walked through the front entrance of the shabby building. Its narrow lobby contained a small desk pushed against the wall. Next to the desk was a sliding glass panel. A young woman in a clean white uniform was standing behind a glass panel. Austin motioned to her to come forward.

Can I help you? she asked in Spanish.

Señora, we would like to talk with you, Austin replied in Spanish. Have you admitted an older American gentleman who was injured late Saturday night or early this morning?

I’m not aware of any. Let me check the records.

Returning a few moments later, she said, No, señor, I see no entry for such a man.

Thinking that perhaps the young woman had not understood his Spanish adequately, Austin asked another nurse who was passing by. She left to inquire further.

The nurse returned a short time later. She was evidently confused. She said no, then yes, and no again. Then she summoned a doctor in a white coat to help her.

Someone was brought in late last night. He was dead on arrival, so his body was been sent directly to the city morgue. The man had no identification and had no clothes on, so there was no way of knowing who he was, the doctor explained. There was some confusion because the deceased man had not actually been admitted to the clinic, so there was no record of him here.

Austin and Adele drove to the morgue. Even though it was late in the evening, the morgue was still open. There were dozens and dozens of Mexican families and friends quietly gathered about on the wide steps that led to the morgue’s front door. Even more people stood quietly in the courtyard under a full moon in eerie silence, waiting to visit the remains of their loved ones.

Austin left Adele in the car so that he could investigate and not place unnecessary hardship upon her.

Austin found the attendant. Good evening, señor. I am attorney Austin Wells from California. Do you have an older unidentified American man here who was brought in lately?

We have an unidentified man who was brought in recently.

Can I look at him?

Are you a relative?

No, I am the attorney for the relatives.

That is just as well, the attendant said. The body is not good to look upon. The attendant led Austin to a small back room where a body was lying on an old wooden table. It was covered with a soiled white sheet.

Austin drew closer. The attendant pulled the sheet back to view the naked body. There was no doubt about it; Franklin Ogden had been found. It was quite evident that his throat had been cut. The search was over.

Respectfully, the attendant inquired, Do you know this man, Sr. Wells?

Yes, he is Franklin Ogden, from San Diego, California. I have his sister with me.

I would appreciate it if you could remove the body as rapidly as possible. We have no refrigeration here. By our law, you will need two people to identify him, preferably family members, before you will be allowed to remove the body.

Thank you, señor. I appreciate your help. I will make arrangements to take the body as soon as possible.

Austin returned to the car. Adele, I am sorry to have to tell you that I’ve found Frankie inside.

Are you certain?

Yes, Adele, there is no doubt about it.

Adele’s body became limp in disbelief as she cried. Austin held her while she attempted to overcome her grief.

Finally, Austin said, I was advised that two witnesses are required to identify the body, preferably close relatives, before it can be removed. I need you to come with me to identify Frankie. I know this is difficult for you, Adele, but the law requires two witnesses.

I can’t do it, Adele said, hardly able to talk between bouts of crying. I don’t want to look. You take care of it, Austin. I don’t want to see him like this. Please, Austin. Just let me sit here.

Austin returned to the morgue. The decedent’s sister is too distraught to come in to identify the body, Austin said, as he produced his California bar card and a one-hundred-dollar bill as gratuity. Will this be satisfactory, señor?

Sí, Sr. Wells. Sign these release forms, and you are free to remove the body.

Austin executed the documents. The attendant asked, When do you plan to take the body?

I shall do it early tomorrow. Can you recommend a crematory?

There are several. Alambre y Artians Crematorios is one of the larger ones.

Thank you for your help.

Austin walked back to rejoin Adele in his car.

What will we do with his body? Adele asked.

That’s your choice.

Will US Customs give me a problem bringing his ashes back?

Customs should provide no problems. We can discuss the cremation procedure tomorrow. I’ll make the arrangements as you wish. It may take a day or so to complete. It’s getting late, and I’m tired. Let’s check into a hotel for the night. How about El Grande on the beach just outside of town? I’ve stayed there before. We’ll continue looking for answers tomorrow while memories are fresh. I want to check the police files and set up a meeting with a friend I have at the US embassy in Tijuana when I meet with the Fonatura personnel.

Whatever you say, Austin. I’m worn out too, Adele replied wearily.

They drove south toward the bay and the El Grande Resort Hotel, located on the beach.

Austin, will you have dinner with me after I get settled in my room? I want to talk about what we should do tomorrow.

Austin agreed. After checking in, Austin said, While you are getting settled, I’ll get us a table on the patio for dinner.

Austin found a table for dinner on the sandy beach underneath one of the many palm trees. He sat by himself, watching the mild surf and the reflections of the full moon on the glassy ocean nearby. It created a magical moment. The tropical, sweet fragrance of the flowers nearby filled the air. Austin listened to the pleasant sound of the surf quietly lapping on the beach while he gazed at the multitude of stars overhead. He felt a peace that God was close at hand. He let his mind wander from the day’s burdens. Times like this were necessary, he reflected, to regain one’s perspective of life. It was a surprisingly pleasant night in contrast to a dreadful day. It felt good to sit and relax. Poor Frankie, Austin lamented, what did he get himself involved in? It could have been anything. The situation would have been less complicated for Austin if Adele had not been someone from a former relationship. As a matter of principle, he strictly avoided personal relationships with clients in his practice. There were no attachments to Adele any longer. At one time, Adele had made her desire for marriage quite clear to him, but he held back when he became more familiar with her family.

Oh, there you are. What a lovely place, Adele said as she appeared at Austin’s table, breaking into his thoughts.

Dinner started with a margarita, followed by tossed salad, warm rolls, and lobster.

After a subdued dinner conversation, Austin said, Tomorrow will be a full day. First, I’ll arrange for a crematory to care of Frankie, and then I’ll contact the American embassy and Fonatura for their help and try to learn more about the murder. Let’s get an early start so that we can head home as soon as possible. He rose to his feet to leave.

Before you leave for your room, darling, let’s have an after-dinner drink. It’s so nice sitting out here by the beach.

Just one, Austin said. He knew her well enough to know that she was feeling lost and lonely because of her brother’s death, but resuming their past intimacies was not the answer.

Austin had one drink as promised. Adele nursed hers for some time before Austin walked her back to her suite.

Would you like to join me in my room? Adele asked demurely.

Thanks, but no, thanks. I know you are in pain and need someone to comfort you, but I don’t think spending time with you tonight is a good idea. Tomorrow will be a busy day. Try to get some sleep. I’ll do what I can to help you.

It stirred memories, though. She had been good company in the early stages of their affair. Austin had treasured their rapport, but as time went by, he couldn’t shake the feeling of being manipulated and being just another guy. He also felt the void of spiritual commitment in her life. Time to forget all that and go to sleep, he concluded as he continued to his room.

CHAPTER 3

ENSENADA, MEXICO

1997

In spite of trying to block it out, Austin awoke to memories of the past that were best left behind. It was a Saturday night years ago. He was driving to Sunset Cliffs in the darkness on the coastline road of Southern California through natural coves and hillsides covered with ice plants and dotted with homes worth millions. He turned onto a private, winding, tree-lined lane leading to a large white beach house sitting isolated on a high bluff overlooking the Pacific Ocean. Somewhere, a mockingbird called, serenading some unknown soul in the warm, gentle evening breeze. This is one of the most tranquil places on the California coast, Austin thought, with its astounding views. The lane led to a massive black wrought-iron gate. He drove through the open gate and parked his car near other cars on the lawn near the beach house. In the tranquil night air, he could hear laughter and music coming from an open door.

As Austin entered the beach house, a waiter approached him with a tray of drinks. He chose a dry martini and glanced around the crowded room, looking for his friend Bill, who had invited him. It was then he saw her. She was breathtaking. She was wearing a light yellow, off-the-shoulder dress displaying a body of suspended sex; her hair was the color of sand on a windswept beach. Their eyes met across the room, and he saw a hint of a smile as she turned away to speak to a group of people nearby. She looked up as Austin approached her through the crowd. Her eyes were deep greenish gray. She was a beauty, and she knew it. She could have led most men off the dance floor, like lambs to the slaughter. There was something mystical about her. He walked toward her and gently touched her arm. He felt a surge of excitement.

Hello. I’m Austin Wells, he said in a low voice.

I’m Adele, she said, smiling and taking his hand. She noticed how handsome he looked in his dark jacket, blue-gray silk shirt, and tie. Something about him, she thought, was quietly commanding. She felt her heart skip a beat as a wave of attraction engulfed her.

I’m so happy you could join us, she added, not taking her eyes from his. I’m the hostess, and Frankie is my brother. Have you met him? He’s here somewhere. Frankie is usually out of the country most of the time, but every summer, he likes to be here at the beach, she said, so engrossed with Austin that she didn’t see her brother approach.

Oh, there you are, Adele, Frankie said as he found his sister. I’ve been looking for you. Bill is over there in a deep conversation with Sid and Bert about two new trials coming up next week. I’m just making the rounds to visit guests.

"Frankie, please meet Austin