Sykes added, “The concept is used in civil cases. Negligence, that sort of thing. Shifts the burden of proof to the defendant.”
“Give me an example,” said Decker.
“An animal part found in a can of vegetables. A plane engine catching on fire. An AC window unit in a high-rise falls out and kills someone. The result itself speaks to there being negligence or some illegal or actionable act by the defendant. In other words, it wouldn’t have happened at all if someone didn’t screw up. It’s not applicable in criminal cases. There the burden of proof remains with the government at all times, of course.”
They walked out of the courthouse with Patty Kelly’s home address.
“Do you know Kelly?” Decker asked Andrews.
“No, not really. But I’ve never heard a bad word said against her. She’s been with the judge since Cummins joined the court.”
After a ten-minute drive they reached a neighborhood of well-kept modest houses with meager lawns, tall and short palm trees, and lots of rock and gravel accents in various colors. Decker assumed that was popular down here because rock and gravel didn’t need to be watered and the sun couldn’t kill them.
A late model red Kia SUV was parked in the driveway.
They knocked on the door and waited. Finally, they heard footsteps.
Only the person who opened the door wasn’t Patty Kelly.
Chapter 21
YES?” SAID THE MAN, WHO was in his sixties, with salt-and-pepper hair, and a loose, couch-potato frame.
Andrews flashed his badge and said, “We’re here to see Patty Kelly. And you are?”
“I am her husband, Steve Kelly. Is this about the judge?”
“Yes. How’d you hear?”
“Someone from the court called here this morning.”
“And your wife?”
“Patty’s not here.”
Decker said, “She called in sick today.”
“She didn’t sleep well last night. She had time off she needed to take, so she did.”
“Do you know where she went?”
“Maybe to the store. She mentioned last night she had some shopping to do. She was gone when I got back in the house from working outside. Probably went to just take her mind off the judge. She’s been gone a few hours now.”
“Can you call her?” asked Decker. “And let her know we’re waiting?”
“Sure.” Kelly took out his phone and called. It went right to voice mail, so he left a message. “I’m sure she’ll call right back. She always does.”
Five minutes later his phone had not rung.
Decker said, “Try texting her.”
He did and they waited another five minutes.
“What store?” said White.
“Well, she was going to quite a few. But she usually saves the grocery shopping for last. At the Harris Teeter, just up the road. You might have passed it.”
“What kind of car does she drive?” asked Andrews.
“White Toyota Camry. She’s got a vanity plate. ‘SUNNY.’ As in Florida sunny.”
Decker looked at Andrews. “Why don’t you wait here in case she comes back. We’ll check out the Harris Teeter. Whoever sees her calls the other.” He eyed Kelly. “Got a picture of your wife handy?”
Kelly took a framed photo off the shelf and held it out. White took a picture of it with her phone.
Decker glanced at the photo. Patty Kelly was an attractive woman in her early sixties with white-blondish hair cut to the shape of her head. She had a trim figure and stood about five-five. Intriguingly, she looked familiar to him for some reason. And it was surprising that he could not pull that memory up instantly from his personal cloud.
Well, the Cognitive Institute said I was in for more changes. Maybe this is one of them.
He and White got into the rental and drove off to the Harris Teeter.
They were on the lookout for the white Camry with the SUNNY plates on the way there, but didn’t see it. Decker drove through the parking lot looking for the car, while White went inside the Harris Teeter to search for the woman.
Twenty minutes later they both had come up empty. They drove back to Kelly’s house. Steve Kelly had tried calling his wife multiple times without luck.
“Did she get any calls before she left?” asked Decker.
Kelly checked the landline, but the latest message on there was a recorded voice from the previous night announcing a great financial opportunity in gold futures if the Kellys called back right away.
“How about her cell phone?” asked White.