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An Innocent Client - A Suspense - Scott Pratt
An Innocent Client - A Suspense - Scott Pratt
AN INNOCENT CLIENT
By
SCOTT PRATT
© 2018 Phoenix Flying LLC
All rights reserved. No part of this book may be reproduced or transmitted in any
form or by any means, electronic or mechanical, including photocopying,
recording, or by any information storage and retrieval system, without permission
in writing from the copyright owner.
This is a work of fiction. Names, characters, places and incidents either are the
product of the author’s imagination or are used fictitiously, and any resemblance to
any actual persons, living or dead, events, or locales is entirely coincidental.
ISBN: 1480030473
ISBN 13: 9781480030473
This book, along with every book I’ve written and every book I’ll
write, is dedicated to my darling Kristy, to her unconquerable spirit
and to her inspirational courage. I loved her before I was born and I’ll
love her after I’m long gone.
CONTENTS
PART I
APRIL 12 7:00 A.M.
APRIL 12 8:45 A.M.
APRIL 12 10:00 A.M.
APRIL 12 10:20 A.M.
APRIL 12 11:15 A.M.
APRIL 12 11:45 A.M.
APRIL 12 12:10 P.M.
APRIL 12:00 P.M.
APRIL 12 6:00 P.M.
APRIL 12 11:00 P.M.
APRIL 26 11:00 A.M.
APRIL 26 3:00 P.M.
PART II
APRIL 26 5:05 P.M.
APRIL 27 6:00 P.M.
APRIL 30 8:45 A.M.
APRIL 30 4:00 P.M.
JUNE 6 5:45 A.M.
JUNE 9 10 A.M.
JUNE 12 2:15 P.M.
JUNE 13 1:00 P.M.
JUNE 15 6:00 A.M.
JUNE 16 6:00 P.M.
JUNE 16 9:15 P.M.
JUNE 16 11:00 P.M.
JUNE 17 MIDNIGHT
JUNE 23 9:20 A.M.
JUNE 23 3:30 P.M.
JUNE 25 1:00 P.M.
JUNE 25 4:00 P.M.
JUNE 28 1:30 P.M.
JULY 1 10:10 A.M.
JULY 2 9:05 A.M.
JULY 5 8:20 A.M.
JULY 7 11:45 P.M.
JULY 9 10:50 A.M.
JULY 10 9:45 A.M.
JULY 11 7:00 A.M.
JULY 11 9:00 A.M.
JULY 14 9:00 A.M.
JULY 14 11:45 A.M.
JULY 16 9:20 A.M.
JULY 17 10:20 A.M.
PART III
JULY 24 6:15 A.M.
JULY 24 9:00 A.M.
JULY 24 2:15 P.M.
JULY 24 3:00 P.M.
JULY 24 6:05 P.M.
JULY 25 1:00 A.M.
JULY 25 11:00 A.M.
JULY 25 NOON
JULY 31 2:00 P.M.
JULY 31 4:15 P.M.
AUGUST 2 11:00 A.M.
ABOUT THE AUTHOR
ALSO BY SCOTT PRATT
IN GOOD FAITH BY SCOTT PRATT
PART I
WEDNESDAY, AUG. 27
WEDNESDAY, AUG. 27
FRIDAY, AUG. 29
PART I
APRIL 12
7:00 A.M.
I t was my fortieth birthday, and the first thing I had to do was deal
with Johnny Wayne Neal. The forensic psychiatrist I’d hired to
examine him said Johnny Wayne was a narcissist, a pathological liar,
and a sociopath, and those were his good qualities. He called
Johnny Wayne an “irredeemable monster.” I’d asked the shrink not to
write any of that down. I didn’t want the district attorney to see it.
Monster or not, Johnny Wayne was still my client.
Johnny Wayne Neal had hired two of his thug buddies to
murder his beautiful, heavily insured young wife. She woke up at
3:00 a.m. on a Wednesday morning about a year ago to find two
strangers standing over her bed. The men clumsily and brutally
stabbed her to death while Johnny Wayne’s three-year-old son,
who’d been sleeping with his mother that night, crawled beneath the
bed and listened to the sounds of his mother dying.
It took the Tennessee Bureau of Investigation and the Johnson
City Police Department less than a week to figure out who was
responsible for the murder. Johnny Wayne was arrested and
charged with both first-degree murder and conspiracy to commit first-
degree murder, and because of the heinous nature of the crime, the
State of Tennessee was seeking the death penalty. A heartless judge
appointed me to defend him. The hourly rate was a hundred bucks,
about the same as a small-time prostitute’s.
The prosecutor had offered to take the death penalty off the
table if Johnny Wayne would plead guilty to first-degree murder and
agree to go to prison for the rest of his life. When I told Johnny
Wayne about the offer a week ago, he’d reluctantly agreed. We were
supposed to be in court at 9:00 a.m. so that Johnny Wayne could
enter his plea. I was at the jail to make sure he hadn’t changed his
mind.
Fifteen minutes after I sat down in the attorney’s room, Johnny
Wayne, in a sharply creased, unwrinkled orange jumpsuit, was
escorted in. He was handcuffed, waist-chained, and shackled around
the ankles.
“I wanted to make sure you’re still willing to take this deal before
we go to court,” I said as soon as the uniformed escort stepped out
and Johnny Wayne awkwardly made his way into the chair. “Once
you enter the plea, there’s no turning back.”
Johnny Wayne stared at the tabletop. His short hair was the
color of baled straw, wispy and perfectly combed. He was much
smaller than me, well under six feet, thin and pale. His face and
arms were covered with tiny, pinkish freckles. He started tapping his
fingers on the table, and I noticed that his nails looked recently
manicured. He smelled of shampoo.
“How do you manage to stay so well groomed in this place?” I
said. “Every time I see you, you look like you just came out of a
salon.”
He rolled his eyes. They were pale green, sometimes flecked
with red depending on angle and light. They were closely set, and
the left eye had a tendency to wander. It made looking him in the eye
uncomfortable. I never knew quite where to focus.
“The fact that I’m incarcerated doesn’t require me to live like an
animal,” he said. “I’m able to procure certain services.”
“You mean a barber?”
“I have a barber, one of the inmates, who comes to my cell once
a week. He trims my beard and shampoos and cuts my hair.”
“Does he give you a manicure too?” I glanced at his fingernails.
“I do that myself.”
“Who does your laundry? All my other clients look like they
sleep in their jail uniforms.”
I could tell the questions were irritating him, so I kept on.
“My laundry is done along with everyone else’s,” he said. “I
simply purchase commissary products for an individual who treats
my laundry with special care.” His speech was a tinny, nasal tenor,
his diction perfect. I imagined shoving a turd into his mouth, just so
he’d mispronounce a word.
“Why are you so interested in my personal hygiene?” Johnny
Wayne said. “Does it offend you?”
“Nah,” I said, “I was just curious.”
His disdain for me was palpable. With each visit I could sense it
growing like metastasizing cancer, but I didn’t care. I disliked him as
intensely as he disliked me. He’d lied to me dozens of times. He’d
run me and my investigator all over east Tennessee following false
leads and locating bogus witnesses. He whined constantly.
“So now that we have those incredibly important matters out of
the way,” Johnny Wayne said, “explain this deal, as you so
eloquently put it, one more time.”
“It’s simple,” I said. “A moron could understand it.”
“Are you insinuating that I’m a moron?”
Answering the question truthfully would have served no useful
purpose, so I ignored it.
“The deal is you plead guilty to first-degree murder. You agree
to a sentence of life without the possibility of parole. You give up
your right to appeal. In exchange, you get to live. No needle for
Johnny Wayne. That’s it, sweet and simple.”
He snorted. “Doesn’t sound like much of a deal to me.”
“Depends on your point of view.”
“Meaning?”
“It depends on whether you want to spend the rest of your life in
the general prison population where you can at least get a blow job
once in a while or spend the next fifteen years in isolation on death
row, then die by lethal injection.”
“But I’m innocent.”
“Of course you are. Unfortunately, the evidence says
otherwise.”
“All circumstantial. Or lies.”
“What about the cell phone records that match exactly with the
statements Clive and Derek gave the police? The calls they say you
made to check on them while they were on their way up here to kill
Laura, and while they were on their way back.”
The muscles in his jaw tightened. Johnny Wayne didn’t like
discussing facts.
“What about the four separate life insurance policies you took
out on Laura over the past eighteen months? Three hundred and fifty
grand, Johnny Wayne.”
“Lots of people over-insure their spouses.”
“Explain why Derek and Clive would say you hired them to kill
Laura and promised to give them 10 percent of the insurance
money.”
“They’re trying to save themselves.”
“If you didn’t hire them, why’d they do it? They didn’t even know
her.”
“Why? Why? Why are you asking me all these stupid
questions? You’re supposed to be my lawyer.”
I should have brought up the audio tape, but I decided to cut
him some slack. Clive and Derek, the thugs he hired, had both caved
immediately during the interrogation. They confessed and told the
police Johnny Wayne had hired them. The police outfitted them with
tape recorders and sent them to see Johnny Wayne, who talked
freely about the murder and the money. The first time I played the
tape for him his face turned an odd shade.
“Listen to me,” I said. “Part of a lawyer’s job is to give his client
good advice. And my advice is that the prosecution could bring in a
trained monkey and convict you of this murder. The evidence is
overwhelming, the murder was especially cruel, and your little boy
witnessed it. My advice is that your chances of getting the death
penalty are better than excellent.”
“I didn’t kill anyone,” he said.
“Maybe not, but she’d be alive if it weren’t for you. The jury will
hold you accountable.”
“So I’m supposed to spend the rest of my life in prison for
something I didn’t do.”
“You can either accept their offer and plead, or you can go to
trial.”
“With a lawyer who thinks I’m guilty.”
“Don’t put this on me. I’m just giving you an honest opinion as to
what I think the outcome will be. You should be thankful. Your
mother- and father-in-law don’t believe in the death penalty any more
than I do. They think if you’re convicted and sentenced to death,
your blood will somehow be on their hands. They’re the ones who
talked the district attorney into making this offer.”
“They’re hypocritical fools,” Johnny Wayne said.
I wanted to backhand him. James and Rita Miller, the parents of
his murdered, beautiful, innocent young wife, were two of the nicest
people I’d ever met. I interviewed them as I was preparing for the
trial. One of the questions I asked was how a nice young lady like
Laura had ever become involved with Johnny Wayne. James Miller
told me Laura met Johnny Wayne while she was attending college at
Carson-Newman, a small school in Jefferson City only sixty miles
away. Johnny Wayne, who lived in Jefferson City and was a part-
time student, had made himself a fixture at the Baptist Student
Union, a gathering place for students of the Baptist faith. It was there
that he ran his con on Laura, convincing her that he held deep
convictions about Christianity. James and Rita said they had
concerns, but they trusted Laura’s judgment. Johnny Wayne seemed
intelligent and acted as though he loved Laura. They never imagined
a monster lurked beneath the careful grooming and easy smile. But
the marriage began to show serious cracks soon after the wedding
and steadily broke down. Not long after their third anniversary,
Johnny Wayne left Laura for another woman and moved to North
Carolina. He was in Charlotte at a bar with his newly pregnant
girlfriend the night Laura was murdered.
I looked at Johnny Wayne and envisioned my knuckles cracking
into his teeth. It was an image I found soothing.
“What’s it going to be?” I said. “I need an answer. We’re
supposed to be in court in two hours.”
“I need more time to consider it.”
“No, you don’t. It’s a gift. Take it or leave it.”
His hands went to his nose, and he began his obnoxious habit
of squeezing his nostrils together with his thumb and index finger.
Squeeze and hold. Release. Squeeze and hold. Release.
After three squeeze-and-holds, he said, “Screw it. I’ll do it.
Throw me to the wolves.”
“Good decision,” I said. “First one you’ve made in a while.”
“Are we done here?”
“I suppose. You in a hurry?”
“I have to take a crap. It’s the bologna they serve in this dump.”
His voice, like his face, was devoid of emotion. He hadn’t bothered to
ask how his son would be affected. He hadn’t mentioned the boy in
months.
I got up and pushed the button on the wall to summon the
guards. Johnny Wayne remained seated while I leaned on the wall
and stared at the ceiling. I didn’t want to sit back down. I wanted to
be as far away from him as possible. After three or four minutes, I
could hear the thump of heavy boots as the guards made their way
down the hallway toward the door.
“Hey, Dillard,” Johnny Wayne said suddenly.
“What?”
“Everybody thinks she was such a saint. She was a stupid
whore. All she had to do was give me a divorce on my terms, which
weren’t that complicated. She brought this on herself.”
“Don’t say another word,” I said. The vision of flying teeth was
acquiring details.
The door clanged, and the guards pushed their way through
and gathered him up. One of them, a skin-headed, thick-necked
youngster, looked me up and down.
“You only do criminal defense, ain’t that right?” he said.
“That’s right.”
“Then I reckon you’ll be glad to know that an old lady called into
dispatch a little while ago and reported that her cat found a human
pecker out near the lake. A body’ll probably turn up soon.”
“A pecker? Do you mean a penis?”
“Penis to you. Pecker to me.”
“So?”
“Thought you’d like to know. A dead body means business for
you, don’t it? Sort of like an undertaker.”
He winked at his partner and they shared a laugh. Even Johnny
Wayne smiled. After they left, I stayed on the wall for a few minutes,
their laughter and Johnny Wayne’s vulgar confession replaying in my
head. The rattle of the chains faded as they led him away.
My head started to pound and my stomach tightened as I made
my way back through the labyrinth of steel and concrete. I was sick
of defending the Johnny Wayne Neals of this world, and I was sick of
being mocked and laughed at by pricks like the two guards. I
reminded myself that I was getting out of the legal profession. In less
than a year, I’d be free of it. No more Johnny Waynes. No more
pricks.
As I made my way toward the entrance, I tried to tell myself to
take it easy. Don’t let it get to you. You did your job. I forced myself
to think about something more pleasant. My birthday. Celebrating
with my wife Caroline and the kids, the most important and beautiful
people in my life. Chocolate cake. What would I wish for this year?
It came to me as I stepped out the front door into the rain, and
the thought made me smile. The chances of the wish coming true
were about a million to one, but what the hell? Why not?
This year, I’d make my birthday wish simple and selfish. This
year, before I gave up the practice of law, I’d wish for one—just one
—innocent client.
APRIL 12
8:45 A.M.
There were six city cruisers in the Budget Inn parking lot when
Landers pulled in a half hour after he got the call. All the cruisers had
their emergency lights on, as though the cops who drove them were
actually doing something. The patrol guys never ceased to amaze
Landers. They’d stand around for hours at a crime scene, screwing
off, trading gossip, and hoping for some little tidbit of information they
could share with each other. If they were really lucky, maybe they’d
get a glimpse of the body and could go home and tell their wives or
girlfriends the gory details.
Landers opened the trunk, lifted out a couple pairs of latex
gloves, and walked up the stairs to Room 201. It was overcast and
drizzling outside, but it still took his eyes a second to adjust to the
dim light in the room. As soon as he cleared the door, he could smell
blood. His eyes moved to the left. Jimmy Brown, a big, dim cracker
with a butch haircut who had worked his way up through patrol and
was finally, after twenty years, an investigator with the Johnson City
police, was leaning over the bed. Beneath him was the body of what
appeared to be a male whale. A very pale male whale. He was buck
naked, lying flat on his back. His legs were splayed, and his arms
went straight out from his shoulders. Spread-eagled. He was
covered in dark, dried blood.
“So much for death with dignity, huh?” Landers said.
Brown looked at him deadpan. He didn’t even smile. How could
he not smile? That was pretty funny. Landers chalked it up to petty
jealousy.
“Where’s the forensics team?” Brown said.
“On the way. Should be here in an hour or so.” The TBI’s east
Tennessee forensics guys and girls scrambled out of Knoxville,
ninety miles to the west. They were responsible for covering the
entire eastern half of the state. Landers knew they’d show up in their
fancy, modern, mobile crime-scene van dressed in their cute little
white uniforms. Thanks to the CSI television shows, they all thought
they were stars.
“Who’s the pretty boy?” Landers said.
Brown stepped back away from the body and pulled out his
notepad.
“Signed in as John Paul Tester and gave a Newport address,
confirmed by registration in the glove compartment of his car. His
wallet’s gone, if he had one. Manager says he checked in late
yesterday afternoon, said he was here to preach at a revival, and
asked where he could get a good hamburger. The manager told him
to go to the Purple Pig. We’re getting a driver’s license photo from
the Department of Safety so we can take it down there and ask
around.”
Landers wondered why Brown needed the notepad to impart
such a brief summary. The guy was really thick. Landers began to
walk around the bed, looking at the dead whale. There were dozens
of stab wounds, most of them concentrated around the neck and
chest.
“Preacher, huh? Looks like somebody didn’t like the sermon,”
“That’s the least of it,” Brown said. “His dick’s gone.”
“Jesus! Really?” Landers hadn’t noticed with all the blood. He
looked between the whale’s legs, and there was nothing but a mess
of dark red goo. Whoever cut it off had to work for it. Landers figured
it had been quite a while since the whale had seen his own dick.
“And get this,” Brown said. “Some woman called the sheriff’s
department this morning. She lives out by Pickens Bridge, and her
cat brought her a little gift. Turned out to be a human penis. Probably
belongs to this guy.”
His logic was astounding. “Any idea how long he’s been dead?”
Landers said.
“He’s cold and stiff. I’d say more than eight hours.”
“Security cameras?”
“Just at the front desk. Nothing in the parking lot or anywhere
else.”
A patrol officer knocked and walked in. He was carrying an
eight-by-ten photo of the dead guy. He handed it to Brown, who
handed it to Landers.
“Are you here to help or are you just sightseeing?” Brown said.
“Your wish is my command, at least until the case officially gets
dropped in my lap.”
Brown gave him a shove-it look. “Why don’t you take this down
to the Purple Pig and ask around?”
“Done,” Landers said. “Anything else?”
“I don’t think so. I’ve got people running down the woman who
was on duty last night, canvassing the rooms, and working the
Newport angle. You say forensics is on the way. I think we’ve got it
under control for now.”
“Cool. I’m off to the Pig.”
Landers walked down the steps, past the patrol guys, and got
into his car. He recognized a reporter from the Johnson City paper
loitering outside the entrance. Her name was Sylvia something. She
wasn’t gorgeous, but she wasn’t hideous, so Landers got back out of
the car and went over to chat with her for a couple minutes. He
leaked her a little tidbit about the missing penis, thinking it might be
worth a blow job somewhere down the line.
As he made his way south down Roan Street, Landers kept
glancing at the photo of the dead preacher. He had reddish hair,
semi-decent features, and wide sideburns that ran to the bottom of
his ear lobes, á la Elvis Presley. Not a bad-looking dude, but damn
sure not in the same league as Landers.
“What’d you do to get yourself killed, Rev?” Landers said to the
photo as he turned into the parking lot at the Purple Pig. “Dip the old
wick in a vat of bad wax?”
APRIL 12
10:20 A.M.
Iwaswentlunchtime,
up to see my mother after Johnny Wayne was carted off. It
and walking down the hall in the long-term-care wing
at the nursing home was like running a wheelchair gauntlet. I
knocked gently on the door and walked in. She was awake. It
seemed she was always awake. The doctors told me that
Alzheimer’s, as it progresses, interferes with sleep patterns. She was
sitting up in bed, watching Sportscenter. Baseball season had
started, which meant her beloved Atlanta Braves were back on the
field.
“Hi, Ma. How’re you feeling today?”
“Like I’ve been hit by a train.”
“Good. At least you’re with us.”
The disease was steadily running its course. One day I’d walk
in, and she’d say “Hi, Joe,” and we’d talk for a little while, and the
next day she wouldn’t even know my name. It was painful to watch.
She was only sixty years old, and she’d always been strong and
vital. But her skin had lost its elasticity and was the color of bleached
bone. Her weight had dropped to ninety pounds, and she seemed to
have shrunk by at least two inches. Her cheeks were hollow, her
hazel eyes dull, and her hair gray and stringy. Her teeth were in a jar
on the bedside table. As I sat down in the chair next to her bed, I
knew it wouldn’t be long before she wouldn’t be able to talk at all.
Ma was born in 1947 in a small town called Erwin, Tennessee,
which sits nestled in the Appalachians not far from the North
Carolina border and is surrounded by the Cherokee National Forest.
She fell in love with a football star from nearby Johnson City and
married him in 1964, a month after they graduated from high school.
She had Sarah in 1966 and me in 1967, after my father was drafted
and went off to Vietnam. I never laid eyes on my father; he was
shipped home in a body bag by the time I was born.
Ma provided for my sister and me as best she could by working
as a bookkeeper for a small roofing company and taking in other
people’s laundry. She didn’t talk much, and when she did, it was
usually a bitter tirade against Lyndon Johnson or Richard Nixon. She
never dated another man and hardly ever left the house. Her only
real requirement of me was: “Get an education, Joey.”
“Sarah’s getting out of jail today,” I said. “I hope she’s going to
stay at my house for a while. Caroline was supposed to go down and
talk to her sometime this morning.”
Her eyes dropped at the mention of Sarah, and she began to
shake her head.
“My own flesh and blood in jail,” she said. “Tell me where I went
wrong.”
“No sense in beating yourself up over it. She is what she is. It
isn’t your fault.”
“You better lock up your valuables, Joey. She’ll haul the whole
house off if you give her the chance.”
“Sarah wouldn’t steal from me, Ma.” In fact, Sarah had stolen
from me in the past, but I’d never told Ma about it.
“Well, she’s stole from me, plenty of times.”
“Maybe she’s changed. You looked sad when I came in. What’s
the matter?”
“I was thinking about Raymond.” She reached for a tissue
beside the bed and dabbed at her eyes. Raymond was Ma’s younger
brother. He drowned at the age of seventeen. “Such a waste.”
“No it wasn’t,” I said before I realized what was coming out of
my mouth. “Don’t spend any tears on him, Ma. That’s a waste.”
“Joey, you’ve never had a kind word to say about your uncle.
What did Raymond ever do to you?”
I shook my head, not wanting to get into it. She hadn’t
mentioned him in years. “He wasn’t a good person.”
“He just needed—”
“Ma, could we please not talk about Raymond? You’re entitled
to your opinion. I’m entitled to mine.”
I wanted to tell her what my opinion was based on, but I didn’t
see the point. It had happened so long ago, and Ma was dying. I
didn’t see the sense in sullying whatever pleasant memories she had
of her only brother.
I managed to get her mind off Raymond and onto my son Jack’s
baseball prospects for a little while, but then, like a sudden change in
the weather, she looked at me as though she’d never seen me
before.
“What are you doing here?” she said. “Who are you?” It was a
fast transformation, even for her, like some inner switch had been
flipped. Even the pitch in her voice changed.
“It’s me, Ma. I’m Joe. Your son.”
“Why are you wearing that tie? You some kind of big cheese or
something?”
“No, Ma. I’m not a big cheese.”
“Where’s Raymond?”
“Raymond’s dead.”
She let out a long sigh and stared at the ceiling.
“Ma? Can you hear me?”
She didn’t respond. She lay motionless, almost catatonic. I
looked over at the bedside dresser. On top of it were several photos
of our fractured family. There was one of my grandfather, wearing bib
overalls and following a plow pulled by a mule through a cornfield.
There was a framed photograph of me walking across the stage at
my law school graduation ceremony. Next to it, in a smaller frame,
was a black-and-white of Sarah and me when I was seven years old.
We were standing on a plank raft in the middle of a half-acre pond
out back of my grandparents’ home. Both of us were grinning from
ear to ear. Two of my front teeth were missing.
Just to the right of that photo was a slightly larger one of Uncle
Raymond, taken about six months before he died. He was
seventeen years old, standing next to a doe that had been shot,
hung from a tree limb, and gutted. He held a rifle in his left hand and
a cigarette in his right. I walked over and picked up the photo. I
looked at it for a minute, then turned back toward the bed. Ma was
still staring at the ceiling.
“Can you hear me?” I said.
Nothing.
I sat back down on the chair next to the bed and began to
dismantle the picture frame. I pried the small staples loose on the
back of the frame, pulled the photo out, and tore it into little pieces.
“Hope you don’t mind too much, Ma, but I’m going to put
Raymond where he belongs.” I walked to the bathroom, dropped the
pieces in the toilet, flushed it, and watched them swirl around the
bowl and disappear.
I went to her bedside and sat down again. I leaned back, closed
my eyes, and tried to compose myself, the mention of Raymond’s
name still ringing in my ears. Finally, I sat up straight.
“Since you can’t hear me anyway, I’m going to tell you what he
did,” I said. “At least it’ll give me the chance to finally get it off my
chest.”
I leaned forward, rested my elbows on my knees, and clasped
my hands.
“I was eight years old. Sarah was nine. You and Grandma and
Grandpa had gone out—it was a Friday evening—and you left Sarah
and me at Grandma’s house with Raymond. He was sixteen, I think.
“I remember watching a baseball game on TV. I must have
dozed off because when I woke up, it was dark. The only light in the
house was the light from the television. I remember sitting up and
rubbing my eyes, and then I heard this noise. It scared me because
it sounded like a cry for help, but I got up off the couch and started
walking toward the noise, more scared every step I took. I was
tiptoeing.
“As I got closer, I could make out some words, something like
‘No! Stop it!’ I knew it was Sarah’s voice, coming from Uncle
Raymond’s bedroom. I pushed the door open just a little, and I could
make out Uncle Raymond in the lamplight. He was naked on his
knees in the bed with his back to me. Sarah’s voice was coming from
underneath him.”
I stopped and took a deep breath, the image of my naked uncle
looming over my sister burning in my mind’s eye. “Can you hear me,
Ma?” I said. “Are you getting this?” I noticed my voice was shaky. Ma
was still staring at the ceiling.
“Sarah kept saying, ‘It hurts. Stop it!’ I didn’t know what was
going on. I didn’t know anything about sex. But there was so much
pain, so much fear in Sarah’s voice that I knew it was bad. I finally
managed to say, ‘What’s going on?’ I remember being surprised that
my voice worked.
“Raymond’s head snapped around, and he looked at me like he
was going to kill me. He said, ‘Get out of here, you little twerp.’ I
asked him what he was doing to Sarah. And then, Ma, right then,
Sarah said something that haunts me to this day. I’ll never forget that
little voice. She said, ‘Get him off me, Joey. He’s hurting me.’”
I had to stop for a minute. The rape of my sister had haunted
me, and her, for more than three decades. When I started talking to
Ma, I thought it might somehow help to finally describe to another
human being—even a human being who couldn’t take it in—what
had happened to Sarah. But talking about it was transporting me
back to that tiny bedroom. I could feel my heart pounding inside my
chest, and my hands had become cold and clammy.
“I stood there like an idiot for a second, trying to figure out what
to do, but Raymond didn’t give me a chance. He jumped off the bed
and grabbed me by the throat. He slammed my head so hard against
the wall that it made me dizzy. Then he picked me up by the collar
and threw me out the door. I remember skidding along down the
hallway on my stomach. He slammed the door, and I froze. I thought
about going out to the garage to get a baseball bat or a shovel or an
axe, anything. I could hear Sarah crying on the other side of the
door, but it was like one of those nightmares where your arms and
legs won’t work. I was too scared to move.
“Finally, after what seemed like forever, they came out of the
room. I remember Sarah sniffling and wiping her nose with the back
of her hand. Raymond grabbed both of us by the back of the neck,
dragged us into the living room, and pushed us onto the couch. He
bent down close to us and pointed his finger within an inch of my
nose. And then your brother, the one you loved so much, said to me,
‘If you say one word about this to anybody, I’ll kill your sister.’ Then
he turns to Sarah and says, ‘And if you say anything, I’ll kill your
brother. Got it?’
“Neither one of us ever said a word to anyone, including each
other. When that sorry SOB drowned a year later, it was one of the
best days of my life. I tried to get him out of my mind after that, but I
couldn’t do it. Obviously, neither could Sarah.”
I sat back in the chair and let out a deep sigh. “So now you
know.”
She hadn’t moved since I started talking. She lay there, barely
breathing, staring at nothing, blinking occasionally.
“I can’t believe you didn’t notice the changes after that day. I
can’t believe you never even bothered to ask what was wrong. I
might have told you about it, and maybe you could have done
something to help Sarah. But you were too busy feeling sorry for
yourself, weren’t you? You’ve spent your whole life being miserable,
and now it’s over.”
I looked for some telltale sign that she understood. Nothing.
“Did you hear a word I just said? Did you hear? Ma?”
There was a knock and the door opened. A nurse’s aide
stepped tentatively into the room.
“Is everything all right?” she said. “I thought I heard someone
shouting.”
It took a few seconds before I understood what she was saying.
I suddenly realized where I was, like I’d just been awakened from a
deep sleep.
“Everything’s fine,” I said. “Please close the door.”
She turned and left. I got up from the chair and looked down at
Ma.
“I guess I better go now. I’m glad we had this little talk.”
APRIL 12
4:00 P.M.
A fter I left the nursing home, I spent the next hour driving to
Mountain City to stand next to a client who was entering a
guilty plea to a reduced charge of negligent homicide in what had
originally been a second-degree murder case. My client, a thirty-
year-old man named Lester Hancock, had come home unexpectedly
one evening to discover his best friend in bed with his wife. Lester
had initially handled the dispute admirably. He simply told his buddy
to get the hell out of his house and never come back. His friend left
but returned fifteen minutes later and began yelling insults at Lester
from the road in front of Lester’s house. Lester yelled back. His
friend grabbed a baseball bat from the bed of his pickup and started
toward the house. Lester stepped out on the front porch and blew a
hole in him with a black powder rifle. He probably would never have
been charged had he not dragged the man inside his house and
then lied to the police about the way things really happened.
The drive was spectacular in April. The mountain peaks
reflected off the shimmering water of Watauga Lake, and the
mountains themselves were coming to life. Dogwood, redbud,
Bradford pear, and azalea blossoms dotted the slopes with pink and
white. As I wound slowly through the beautiful countryside, I thought
about the question Ma had asked me earlier: “What did Raymond
ever do to you?”
I laughed as the three of them came around the corner from the
den into the kitchen singing “Happy Birthday.” All three were wearing
striped pajamas and grinning like monkeys. They’d tied their wrists
together. The Dillard family chain gang. My self-pity vanished, and I
opened my arms for a group hug.
Caroline announced that they were taking me to dinner, and
they changed out of their striped pajamas. I chose Café Pacific, a
quiet little place on the outskirts of Johnson City that served the best
seafood in town. As I sat there eating prawns and scallops in an
incredible Thai sauce, I looked at their faces, settling finally on
Caroline’s. I’d fallen in love with the most beautiful girl in school all
those years ago, and she was even more beautiful now. Her wavy
auburn hair shimmered in the candlelight. Her smooth, fair skin and
deep brown eyes glowed, and when she caught me looking at her, I
got a coy smile that brought out the dimple in her right cheek.
Caroline has the firm, lithe body of a dancer, but it’s soft and
curvy where it matters. She’s studied dance all her life and still
operates a small dance studio. Lilly is Caroline’s clone, with the
exception that her hair runs to a lighter shade and her eyes are
hazel. Lilly is seventeen and in her senior year of high school. She
wants to be a dancer, or a photographer, or an artist, or a Broadway
actress.
Jack looks a lot like me. He just turned nineteen and is tall and
muscular, with dark hair and brooding eyes that are nearly black.
Jack is a top student and a highly competitive athlete whose goal is
to play professional baseball, and he works at it with the intensity of
a fanatic. He and I have spent countless hours together practicing on
a baseball field. He’ll hit until his hands blister, throw until his arm
aches, lift weights until his muscles burn, and run until his legs give
out. The work paid off in the form of a scholarship to Vanderbilt, but
the scholarship paid only half his tuition. I still had to come up with
$20,000 a year.
When the waiter brought me a piece of chocolate cake,
Caroline reached into her purse and produced a candle. She stuck it
in the cake and lit it.
“Make a wish,” she said.
“And don’t tell us what it is,” Lilly said. She says that every year.
I made a silent wish for an innocent client. And the sooner the
better.
Jack reached under the table and pulled out a small, flat, gift-
wrapped box.
“This is from all of us,” he said.
I opened the card. There was a message in Caroline’s
handwriting: “Follow your heart. Follow your dreams. We’ll all be
there, wherever it leads. We love you.” She’s as eager as I am to get
me out of the legal profession. She thinks my work keeps me at war
with myself—she’s told me more than once that she’s never seen
anybody so conflicted. She’s been encouraging me to go to night
school and get certified as a high school teacher and a coach.
Inside the package were box-seat tickets to an Atlanta Braves
game in July.
“I cleared your calendar,” Caroline said. “We’re all going. Don’t
you dare schedule anything for that weekend.”
“Not a chance,” I said. It was perfect.
We finished dessert and drove back home around nine. As I
pulled into the driveway, the headlights swept over the front porch
about thirty feet to the left of the garage. I saw something move. We
lived on ten isolated acres on a bluff overlooking Boone Lake. We’d
left Rio in the house when we went to the restaurant. I stopped just
outside the garage and got out of the car. I could hear Rio raising
hell inside.
“Go in and turn on the porch light,” I said to Caroline. “You guys
stay in the car.”
“No way,” Jack said as he got out of the backseat.
I walked around the corner toward the front with Jack right
beside me. Someone stood on the porch.
“Who’s there?” I said.
Silence. And then the porch light came on. Standing next to the
porch swing in a pair of ratty khaki shorts and a green T-shirt that
said, “Do me, I’m Irish,” was my sister Sarah.
APRIL 12
11:00 P.M.
W hen I called Erlene Barlowe and told her I was in, she asked
me to meet her in the parking lot behind her club. I’d never
been in the place, but I’d driven by it dozens of times. I got there a
little after five and backed into a spot next to a black BMW. It had
been a beautiful afternoon, clear and in the low seventies. The sun
was starting to drop in the western sky, but as I looked to the
northeast, I could see a massive dark thundercloud rolling across the
tops of the mountains. I put the window down and could smell rain.
About five minutes later, I saw Erlene come out the back door of
the club carrying a gym bag. She had changed into a zebra-striped
jumpsuit that was so tight I could see every crevice in her body. She
walked carefully in her heels across the gravel lot, glancing from left
to right, and stopped at the window. She leaned over and dropped
the gym bag in my lap.
“Everything all right?” I said. “You look a little nervous.”
“Those TBI men have been following me around for a week.
Makes me kind of jumpy. Your money’s in the bag, sugar. How’s
Angel?”
“Scared.”
“Poor thing. I hate the thought of her being locked up in that
terrible place. You have to promise me you’ll get her out of this.”
“I’ll do everything I can.”
“It would probably be best if you leave now. You need to get that
money someplace safe. We’ll talk more later.”
She blew me a kiss and I pulled out. As I drove down the road, I
started thinking about what I was carrying. I’d taken some big cash
fees from people accused of dealing drugs in the past, but never
anything near a quarter million. I kept looking in the rearview mirror
to make sure nobody was following me. If Landers had any idea
what was going on, it would be just like him to make up a reason to
stop me, search my truck, and seize the money.
About a mile from my house, I pulled into the parking lot of a
small shopping strip, locked up the truck, and went into a liquor store
to buy a bottle of good champagne. I didn’t take my eyes off the
truck the entire time I was in the store. After I finished, I drove toward
home and pulled onto a dirt road that led into the woods just across
the street from my house. I wanted to count the money, and I knew if
I pulled in the driveway Rio would make such a racket that Caroline
was likely to come out. With the light just beginning to fade, I started
to count—fifty bundles of hundred-dollar bills, fifty in each bundle. It
took me almost an hour, and it was all there. I couldn’t believe it. I
stuffed the cash in my own gym bag and headed for the house.
I found Caroline in the kitchen emptying the dishwasher. I
walked up behind her and kissed her on the ear.
“Hi, baby,” she said. “Did Rio pee on your shoe?”
“I was too quick for him today.”
“I haven’t heard from you all afternoon. How did it go with Ms.
Barlowe?”
Caroline had called, but I hadn’t returned the call. At first I
wasn’t sure I was going to take Angel’s case, and later I was afraid I
wouldn’t be able to resist spilling the beans. I set the bottle of
champagne down on the counter.
“Where’s Lilly?” I said.
Caroline looked at me slyly. “At rehearsal. Mother’s going to
pick her up and take her out to eat. She won’t be back for a couple
hours.”
“Sarah?”
“A friend of hers took her to an NA meeting.”
“Good. At least she’s trying.”
Caroline looked over at the champagne. “What’s the occasion?”
“Let’s go out to the deck. We need to talk.”
“Be there in a second.”
I took a couple champagne glasses out of the cabinet, opened
the bottle, and walked out onto the deck. I put the bottle and glasses
on the table and stuck the gym bag underneath. The storm was
moving closer and the wind had freshened, but we still had some
time. It was just getting dark. The Big Dipper was creeping over the
horizon to the northeast. The moon hadn’t quite cleared the large hill
to the northwest, and the reflection of running lights twinkled off the
lake like fireflies as pontoon and bass boats made their way up and
down the channel.
I lit the two oil lamps that flanked the deck and sat down just as
Caroline came out. She sat across from me. I poured the
champagne and looked intently at her.
“What?” she said.
“I was just lusting,” I said. “Can’t help it.”
“I’m sure you can’t.” The dimple high in her right cheek showed
only when she smiled a certain way. She was smiling that way now.
“So it went okay,” I said, “with Ms. Barlowe.”
“I saw the girl’s picture on television. She sure is pretty.”
“She’s also very nice. And there’s a very strong possibility that
she’s innocent. I talked to her today.”
Caroline gasped. “You talked to her? Oh my God, is that where
you’ve been all day? Are you going to represent her?”
“I don’t think I have much choice.”
Caroline’s eyes lit up. I knew exactly what she was thinking.
“How much?” she said.
“What do you think a first-degree murder, maybe a death-
penalty case, probably my last case, is worth?”
“I don’t know.” She took a sip of champagne and leaned
forward. “How much is it worth?”
“Guess.”
“Fifty?”
“Higher.”
“Eeeeeh,” she said. “Sixty?”
“You’re way low. Jack it on up.”
“Oh my God, Joe. Seventy-five? No, you look smug. I don’t
even know if I can say it. A hundred?”
“You’re almost halfway.”
Her jaw dropped. “You’re not serious,” she said. I don’t think she
knew it, but she was bouncing in her chair like a schoolgirl.
“Dead serious. Half way.”
“T-t-two twenty?”
“Almost there. Add thirty more.”
“Two fifty?” She said the words as though she were dreaming.
“Bingo! And what do we have for the lady who guessed a
quarter million dollars, Don Pardo?” I reached down, grabbed the
bag, and slammed it on the table. Champagne spewed from
Caroline’s mouth.
“Is that what I think it ...? No, it couldn’t possibly. ...” She
reached out and opened the bag. “Joe! Is this real?”
“Scout’s honor,” I said, holding my hand across my heart.
She began jumping around the deck like a cheerleader. She ran
around the table and grabbed me by the neck. She hugged me so
hard I almost choked.
“Damn, Caroline. Ease up a little. I’d like to live to spend it.”
She stopped in her tracks, walked back to her seat, and took a
deep breath.
“I’m going to hyperventilate. I’m going to pee my pants. Tell me
how this happened.”
“There isn’t that much to tell. The woman came in and I talked
to her for a while, then I went down to the jail and talked to the girl for
a while. I actually said the words, Caroline. I actually said, ‘A quarter
million dollars, cash, up front,’ and she didn’t flinch. I called her after
I went to the jail and she paid me.”
“I want to kiss your whole face right now,” Caroline said. “I want
to gobble you up. I want to have your babies.”
“We’ve got enough babies.”
“Oh, Joe, this is unbelievable. This takes so much pressure off
us.”
“It’s a double-edged sword. You know that.”
She was on me before I got the last syllable out of my mouth.
She kissed my forehead, my lips, my eyebrows, my ears.
“I have to tell someone,” she said when she stopped kissing my
whole face. “Where’s the phone? I have to tell my mother.”
“Don’t do that, you’ll be on the phone for an hour. Drink your
champagne and let’s just enjoy it for a minute. I have a feeling I’m
going to earn every dime of it.”
I watched her as she sat grinning in the flickering light of the
lamps. She peeked into the bag again.
“Can I touch it?”
“Knock yourself out. It’s your money now.”
She was as pleased as I’d ever seen her, and nothing could
have given me more satisfaction.
“My God, Joe, what a relief. Now ... what are we going to buy?”
“What are you talking about? You’re supposed to be the miser.
We’re not buying anything. We have everything we need.”
“Let’s splurge just a little. We have to buy something.”
“No, we don’t.”
“Yes, we do.” Her eyes were bright with mischief. “Then we
have to go somewhere.”
“No.”
“We have to go to the Caymans or something when the trial’s
over. You’ve always wanted to go there. Stop being such a killjoy.”
“Why don’t we worry about what we’re going to do with it
tonight?”
“I know exactly what we’re going to do with it. We’re sleeping
with it. It doesn’t leave my sight until I get it in the safety-deposit box
tomorrow morning. Then I’ll figure out what to do from there. Tell me
about the girl. What’s she like?”
“She’s ... sweet,” I said. “She seems like a really sweet kid.”
“Is she as pretty as me?”
“Not even close.”
“Good answer.”
She held out her empty champagne glass, and I refilled it. She
raised the glass.
“Here’s to pretty girls with rich friends.”
“Cheers.” I took a big swallow of the champagne.
“When’s the arraignment?”
“Monday. Nine o’clock in Jonesborough. Let’s talk about
something else. It’s a beautiful evening. I’m sitting on a candlelit
deck overlooking the water with a beautiful, slightly intoxicated
woman. I’ve just made more money in one day than most people
make in five years. Law and disorder and murder do not seem to be
appropriate topics of conversation.”
“You’re right.” Caroline rose from the table and reached for my
hand. “Come with me.”
She led me inside to the bedroom.
“This is heavy,” she said, nodding toward the bag in her hand.
“Delightfully heavy.”
She tossed the bag of money into a corner, pushed me onto the
bed, and began to slowly unbutton her blouse. Caroline is the only
woman I’ve ever slept with. We’ve been together for so long that
when it comes to making love, she knows exactly which buttons to
push.
And for the next hour, she pushed every one of them.
APRIL 27
6:00 P.M.
A gent Landers ran three miles a day, at least five days a week.
It kept his body tight and helped with the hangovers. The day
after he arrested the girl, he was running along Watauga Avenue in
Johnson City thinking he would’ve much rather nailed that kid than
arrested her. She was hot.
She was also smart enough not to talk. Landers spent an hour
in the interrogation room with her after he arrested her. All she’d say
was that she wanted to talk to a lawyer.
Deacon Baker, the district attorney, had called Landers down to
his office a couple days before the arrest. Baker was nothing but a
fat, stupid little prude, but he’d somehow managed to get himself
elected, so he was calling the shots. Deacon told Landers he was
getting a lot of pressure to make an arrest. The victim’s son was a
chaplain and deputy sheriff in another county, and he’d been calling
three times a day. The victim also had a cousin who lived in Carter
County and was active in the Republican women’s group over there,
and she’d been calling. Big deal, Landers told Deacon, let them call.
Landers didn’t have much evidence. The night they raided the
Mouse’s Tail, they’d interviewed forty people. Nine of them were
employees; the rest were customers. Only one person said she
recognized Tester, a stripper named Julie Hayes. She said Tester
came in around nine, stayed until almost midnight, and got plastered
in between. She said he was quoting scripture one minute and
getting lap dances the next, and that he took a special interest in a
waitress named Angel Christian. Hayes said the preacher and
Erlene Barlowe had about a five-minute conversation around eleven
thirty. As soon as they were done talking, she said the preacher went
out the front door, and Barlowe and Angel went out the back. None
of them came back to the club that night. She also said that up until
the day the preacher was murdered, Barlowe drove a red Corvette.
The next day, she was driving the black BMW.
Nobody else in the place gave them anything they could use,
which made Landers wonder whether Julie Hayes was telling the
truth. Maybe she had some kind of grudge against Barlowe, or the
girl, or both. But Landers wrote out her statement and she signed it.
She said she was willing to testify.
The forensics team found some hair on Tester’s shirt, so
Landers took the Hayes girl’s statement and parlayed it into a search
warrant for Erlene Barlowe’s house the next day. He also persuaded
the judge to sign an order saying that both Erlene Barlowe and Angel
Christian had to give him hair samples. They hadn’t found a thing in
Barlowe’s house, not even so much as a porn video. Landers took a
photograph of the girl though. She had a nasty bruise on her face.
There was no sign of a red Corvette. Landers ran Erlene
Barlowe’s name through every database the TBI had. No Corvette
registered to her anywhere.
He got a call from the lab a few days later. Two hairs that were
found on Tester’s shirt matched the girl. That was the best evidence
they had, and as far as Landers was concerned, it wasn’t much. The
lab also said the preacher had a date-rape drug in his system—
GHB, otherwise known as Georgia Home Boy. Whoever killed him
drugged him. Everybody knows you can get drugs at a strip bar, but
Landers couldn’t prove the drug in the preacher’s body came from
the Mouse’s Tail.
So when he went down to the D.A.’s office, Landers laid the
case out for Deacon Baker: Two witnesses, the stripper who might
have a grudge, and a clerk from the motel who saw a Corvette pull in
behind Tester around midnight and thought she saw a woman go up
the stairs toward Tester’s room. All the other employees at the club
denied Tester was there, or at least said they didn’t notice him, but
he’d definitely withdrawn money from an ATM machine at the bar
just after eleven thirty. Erlene Barlowe had lied—Landers was sure
about that—and the others were probably lying. He had a DNA
match from the Christian girl, a nasty bruise on her face, a shriveled
penis (the medical examiner said it had been removed postmortem),
no murder weapon, and a missing car. That was it. Oh yeah, they
also had a gem of a victim. Preacher at a strip club. An east
Tennessee jury would love that.
“Let me keep our surveillance on Erlene Barlowe for a while
longer, see if she makes a mistake,” Landers said.
“Here’s the real deal, Phil,” Deacon said, “just between you and
me, all right? I don’t care about the victim’s son calling, and I don’t
care about that old hag over in Carter County. Hell, my secretary
takes the calls anyway. It’s no skin off my butt. But eight years ago,
when I was running for D.A. for the first time against a powerful
incumbent and I needed money the way a fat kid needs cake, that
sorry SOB that owned the Mouse’s Tail gave my opponent five
thousand in cash as a campaign contribution. Didn’t give me the first
dime.”
“So?”
“I’ve been after him ever since. There have always been rumors
that Gus Barlowe was running drugs out of the club, but we haven’t
been able to catch them.”
“He’s dead, Deacon.”
“I know that, but his wife isn’t dead, is she?”
“We don’t have any evidence against her.”
Deacon waved his hand dismissively. “You know how these
things go, Phil. You’ve got a pretty strong circumstantial case. We’ll
take it in front of the grand jury, get an indictment, and go arrest the
girl. She’ll most likely confess or roll on the Barlowe woman. If she
doesn’t, I’ll file a death-penalty notice and up the pressure on her.
Don’t worry about it. Let’s go ahead and shake this tree and see
what falls out. Hell, this is an election year. It’d be a real feather in
my cap to put that glorified hooker out of business before August.”
Before August. Election year. Put that hooker out of business.
None of this has anything to do with getting a murder conviction.
What Deacon was really saying was that they needed to make an
arrest. Didn’t matter whether the girl was guilty, as long as somebody
got locked up for the murder. No way it would go to trial before the
election, and if it turned out she didn’t do it, so what? At least
Deacon would be assured of eating at the taxpayer’s trough for
another eight years. Moron. Him and his damned tree.
Landers finished his run and headed inside for a shower. He
had a date at eight.
APRIL 30
8:45 A.M.
Isense
smiled at Tammy Lewis, a pretty, green-eyed blonde with a sharp
of humor and a sharper tongue. She’d worked for the circuit
court clerk for twelve years. Her primary responsibility was to sit at
Judge Leonard Green’s side during proceedings and ensure that his
court ran smoothly. There were two criminal court judges that
presided over the four-county circuit where I did most of my work.
Ivan the Terrible and Leonard Green the dancing machine. I called
Green that because he’d gotten drunk at a Christmas party a few
years back and started dancing on a table. Cases were assigned by
number. Odd numbers went to Glass, even numbers went to Green.
Angel’s case was an even number.
“Good morning, Tammy,” I said. “Ready for the circus?”
“Meaning?”
“I’m representing Angel Christian.”
Tammy rolled her eyes. “No kidding? Well, ain’t you just the
lucky victim. I guess the question is, are you ready? His royal
highness wants to deal with your client first thing. They brought her
over from the jail about an hour ago. She’s in the holding cell. There
are already three television cameras in the courtroom and at least
five newspaper photographers. Reporters all over the place. At least
you’ll get some free pub out of this.”
I cringed at the thought of the media in the courtroom. Judge
Green was always at his most belligerent in front of the television
cameras. He’d often declared his belief that the voting public wanted
judges who were tough on criminals, and when the media came to
court, he made sure he didn’t disappoint his constituency.
I walked through the clerk’s office and into the hallway that ran
parallel to the courtroom. When I reached the door, I stopped and
stuck my head inside. Judge Green was not yet on the bench. Green
and I had a long history of bickering that sometimes turned
downright nasty. I thought he was pompous and effeminate. He
thought I was a belligerent Neanderthal. Both of us were probably a
little bit right.
The jury box was filled with television cameras, newspaper
photographers, and reporters. I noticed they started huddling as
soon as they saw me walk through the door and sit down at the
defense table. Six uniformed Washington County sheriff’s deputies
flanked the courtroom. Six was a number reserved for the most
dangerous defendants, and I certainly didn’t think Angel qualified.
The gallery on the civilian side of the bar was nearly full; there were
close to a hundred people in the audience, most of them criminal
defendants and their families. They would wait their turn without
complaint, hoping to appear before the court in anonymity after the
press had packed up and left.
District Attorney Deacon Baker was talking to a television
reporter from Bristol near the jury box. Baker rarely made court
appearances and hardly ever participated in trials, but he never
missed an opportunity to preach the virtues of justice and law
enforcement in front of the media. Baker’s newest lead assistant,
Frankie Martin, a bright but unseasoned youngster, sat at the
prosecution table rummaging through a file.
At precisely 9:00 a.m., Wilkie Baines, one of the criminal court
bailiffs, strode to the front of Judge Green’s bench and faced the
crowd. The door to Green’s chambers opened, and the judge
seemed to glide through the door, his perfectly groomed silver hair
freshly cut, his black robe flowing behind him.
“All rise,” Baines called in his best town-crier voice. “The
criminal court for Washington County is now in session, the
Honorable Leonard P. Green presiding. Please come to order.”
Judge Green climbed the steps to the bench and took his seat
in the high-backed black leather chair, directly beneath a massive
portrait of himself.
“Thank you, Deputy Baines,” he said. “Please be seated.”
I, along with everyone else in the courtroom, dutifully sat down.
“Good morning,” Judge Green said.
“Good morning.” Nearly everyone in the courtroom responded,
as though they feared the consequences of remaining silent.
“The first case we’re going to address this morning is an
arraignment in the State of Tennessee versus Angel Christian.” He
turned to the prosecution. “And I see that the district attorney himself
has chosen to grace us with his presence today. To what do we owe
this rare pleasure?”
Baker’s face flushed the slightest bit. He stood up.
“This is a serious case, Your Honor. I’m merely here to ensure
that all goes well.”
“And to get yourself a little free publicity in an election year, I
trust.” Baker thought Judge Green was soft on sentencing sex
offenders and wasn’t shy about saying it to the local media. Baker
had also openly and actively supported the judge’s opponent in the
last election. He was fond of telling people he wouldn’t piss on Judge
Green if the judge were on fire. Green, on the other hand, took
obvious pleasure in harassing and humiliating Baker every chance
he got. I’d seen them nearly come to blows on several occasions.
They truly hated each other.
“I didn’t invite the press,” Baker said. “I believe their presence
here has something to do with the first amendment.”
“You may not have invited them, but you’ve certainly had plenty
to say about this case over the past week. You’ve been on television
more than Law & Order reruns.”
Baker plunked back down into his chair, either unwilling or
unable to spar with the judge, and Judge Green turned to me.
“What are you doing at the defense table, Mr. Dillard?”
“Representing the defendant, Judge.” I knew he preferred “Your
Honor.”
“Has she hired you?”
It was a stupid question, but I resisted the urge to say
something smart.
“She has.”
Judge Green raised his eyebrows at me as if to say, “How much
did she pay you?” He turned toward the deputy nearest the door that
led to the holding cell and barked, “Bring in the defendant.”
The deputy disappeared into the hallway. He returned in less
than a minute with Angel beside him. The shackles on her ankles
forced her to shuffle. Every camera was suddenly pointed in her
direction. The courtroom went dead silent. Just behind the deputy
and Angel were two more deputies and K.D. Downs, the sheriff of
Washington County. Everybody was getting in on the show.
The bailiff gingerly escorted Angel to the podium in front of the
jury box, directly to the judge’s right. I noticed that he patted her on
the shoulder before he stepped back. Angel looked tired, scared,
confused, and gorgeous. I walked over and stood by her at the
podium.
Green turned to Tammy Lewis. “Let me see the indictment.”
She handed the document to the judge. He studied it for a few
seconds, then offered it to Wilkie Baines.
“Give this to Mr. Dillard, and let the record show that the
defendant’s counsel has been provided a copy of the indictment. Mr.
Dillard, your client has been charged with one count of first-degree
murder and one count of abuse of a corpse. Do you waive the formal
reading of the indictment?”
“We do, Judge.”
“How does your client plead?”
“Not guilty.”
“Very well.” The judge looked at Deacon Baker. “I assume
you’ve filed your death notice, Mr. Baker?”
“We have, Your Honor. We filed it this morning.”
With the number of stab wounds, the case was probably
second-degree murder at best. It certainly appeared to be a crime of
passion. But Baker handed out death notices like grocery stores
hand out coupons. It seemed that every murder defendant got one.
He did it because it gave him an effective bargaining chip—Baker
was notorious for offering to take the death penalty off the table in
exchange for a guilty plea just before trial, no matter how heinous
the murder.
“What about scheduling?” the judge said.
“We’d like a speedy trial,” I said. “Miss Christian is incarcerated
without bond. Since she’s charged with a capital offense and since
she’s not from this community and really has no ties here, I’d be
wasting my breath to ask you to set a bond. But she maintains her
innocence and wants a trial as soon as possible. I think I can be
ready to go in three months.”
Baker stood up. “There is no way the state could be ready in
less than nine months, Your Honor. This is a death—”
I cut him off. “I didn’t want to get into this, Judge, but since Mr.
Baker is going to resist a speedy trial, there are some things I think
you should know. As you know, I’ve been doing this for a long time,
and I’ve never had a case quite like this one. The police and the
district attorney have let everyone know that the victim in this case is
a preacher. What they haven’t told anyone is that he spent his last
night on earth getting drunk at a strip club. Nobody knows where he
went between the time he left the club and the time he was killed.
This isn’t one of those cases where the police have the killer dead to
rights. My client swears she didn’t see the victim after he left the
club. She swears she didn’t kill him, and she shouldn’t have to wait
almost a year before a jury hears this case.”
“I object to this!” Baker yelled. “Mr. Dillard is taking this
opportunity to sensationalize this case and poison the potential jury
pool.”
That’s exactly what I was doing, but I wasn’t about to admit it.
“All I’m doing,” I said, “is asking you to set this case for trial as
quickly as possible so an innocent young girl doesn’t have to sit in
jail any longer than necessary.”
Judge Green ruminated for a few minutes, then looked down at
Baker.
“God created heaven and earth in six days, Mr. Baker. Surely
you can be ready for trial in ninety. If you weren’t ready to prosecute
her, you shouldn’t have indicted her. How long is it going to take to
try the case?”
“A week, maybe less,” I said.
“I have an opening on July twenty-fourth. That’s just under three
months from now. Mr. Dillard, since you’re the one who asked for a
speedy trial, I won’t expect to see you back in here asking me for a
continuance. I’ll send you a scheduling order that will deal with
pretrial conferences, expert disclosures and deadlines, motion
deadlines and plea deadlines. Anything else?”
“No, Judge, not from us,” I said. It was the same week that we
were planning to go to the Braves game, but I didn’t say anything. It
wouldn’t have made any difference. It was also only ten days before
the August 3rd election. It had to be Judge Green’s not-so-subtle
method of applying pressure to Deacon.
“Miss Christian,” the judge said, “they’ll bring you over from the
jail on July twenty-fourth, and you’ll get a fair trial. It will be your
responsibility to see to it that you have civilian clothing, and I won’t
allow the jury to see that you’re restrained in any fashion. I’ll see you
then unless there are motions or unless you decide to change your
plea.”
The bailiff took Angel by the arm and led her toward the door. I
followed. Just before we reached the door, I noticed a man walking
quickly toward the bar that separated the attorneys from the gallery.
He was about six feet tall, wearing a blue polyester suit. I’d seen
pictures of John Paul Tester in the newspaper. This guy looked like a
younger version. The hair was shorter and darker, but he was
working on the pot belly, and he had the same mutton-chop
sideburns. He was pointing at Angel.
“A fire is kindled in mine anger, and shall burn unto the lowest
hell!” he yelled. Everyone froze at the power of his deep voice. I
stepped between him and Angel, more fascinated than frightened.
“And shall consume the earth with her increase, and set on fire the
foundations of the mountains! They shall be burnt with hunger, and
devoured with burning heat, and with bitter destruction. I will send
the teeth of beasts upon them, with the poison of serpents of the
dust. You have taken my father’s life, Jezebel, and upon you, I swear
revenge.”
I took a couple steps backwards as the bailiffs began to slowly
converge. They were tentative, apparently frightened. Tester’s eyes
were as blue as robin’s eggs and fiercely intense.
“And you, scribe!” he continued, turning his attention to me. His
voice boomed off the walls, and I could see veins popping out of his
neck. He stepped through the bar toward me and bumped me with
his pot belly. He was so close I could smell his breath. “How dare
you blaspheme my father! I swear you’ll pay for it!”
I shoved him hard in the chest. He stumbled backwards as I
heard Judge Green’s voice cut through the chaos: “Bailiffs! Arrest
that man!”
“She killed my father!” he screamed as he struggled against the
bailiffs. “Jezebel killed my father!”
Angel, crying hysterically, was quickly ushered into a jury room
just down the hall from the courtroom. I caught up with her and
gently took hold of her shoulders.
“I didn’t kill him!” Her shoulders were heaving. “Please tell that
man I didn’t kill his father.”
“I’ll tell him,” I said, knowing I wouldn’t be going anywhere near
him. “Don’t worry about this. It happens. People get upset. You just
try to calm down. I’ll come to the jail to see you in a couple of days.”
The bailiffs took her away, and I walked back into the
courtroom. The man was now in handcuffs, standing at the podium
in front of Judge Green, looking down at his shoes. The judge had
apparently just finished reading him the riot act.
“I understand the emotional turmoil you’re going through,”
Green said, “but you, being a chaplain and a deputy sheriff, should
know we cannot tolerate that kind of behavior in court. Now go, but
sin no more in my courtroom. Court’s in recess.”
Tester’s son a chaplain and a deputy? Any hopes I had of the
district attorney’s office acting reasonably were out the window.
As Green disappeared into his chambers, I scanned the
courtroom. Erlene Barlowe was in the back row. I motioned for her to
meet me in the hallway. She was wearing a black pantsuit and had
toned down the makeup for court. If I didn’t know better, I might have
mistaken her for a lawyer.
“Now that we’ve done the arraignment, I can get some
discovery,” I said. “Why don’t you come down to the office around
four, and we’ll take a look at what they’ve got.”
“I’ll be there, sugar.”
As we stood together, I looked down the hall and saw Tester’s
son leaning against the wall, staring in my direction. There was no
mistaking the look in his eyes. It was pure hatred.
APRIL 30
4:00 P.M.
Itheylikedarraigned
to watch the sun rise on Sunday mornings. The Sunday after
Angel Christian, I got up around five-thirty, made a
pot of coffee, and wandered up the driveway in the semidarkness in
my bare feet and boxers to get the newspaper. As I got to the end of
the driveway, I noticed a silver pickup truck, one of those macho
Dodges with tinted windows, backed into the dirt road that led into
the woods across the street from the mailbox. It was the same place
where I’d counted Erlene’s money. The lights weren’t on, and I
couldn’t hear the engine running. The property where the truck was
sitting belonged to me. It wasn’t hunting season, and no one had
asked me about camping, so I decided to check it out.
I got the paper out of the box and started walking toward the
truck. Just as I got to within ten feet, the engine roared to life and the
lights came on. I thought it was probably one of Jack’s friends, so I
started to wave and say hello, but the thing started coming right for
me. I jumped out of the way before it hit me, but it couldn’t have
missed by more than a couple feet. When I landed, my foot caught
on a small bush and I ended up flat on my back. The truck came off
the dirt road and squealed off into the dawn. I didn’t get a look at the
driver over the headlights, and my clumsy leap kept me from seeing
the license plate.
I cursed, picked myself up off the ground, and walked back
down the driveway toward the house, wondering who in the hell
could have been in the truck. I thought about the look Tester’s son
had given me and made a mental note to call Diane Frye, a retired
state trooper who was now a private investigator. I’d already talked
to her about working the Angel Christian case for me, but now I
needed to know whether Tester’s son had a silver Dodge truck
registered in his name, and if he did, I needed to know anything and
everything she could find out about him.
That’s when I noticed Lilly’s car was gone. We had room for
only two cars in the garage, so Lilly’s was always parked just
outside, off to the side of the driveway. I knew it had been there the
night before because Lilly had driven it to Knoxville and hadn’t gotten
home until midnight. I’d waited up for her.
I went back into the house and upstairs to Lilly’s room. She
wasn’t the kind of kid to sneak out, but I was hoping against hope
that she had. I found her sleeping the dead-zone sleep of a
teenager.
As I walked toward Sarah’s room, I was hoping the car had
been stolen by some stranger, knowing it hadn’t. Sarah’s bed was
unmade and empty.
She’d been doing relatively well under the circumstances.
Caroline and Lilly had taken her to town to buy her some clothes a
couple days after she showed up, and I’d brought her a catalogue
from Northeast State Community College. She’d talked about
enrolling in the fall and studying computer graphics. She spent a lot
of time wandering through the woods down by the lake and watching
television, and she’d been attending Narcotics Anonymous meetings
four days a week.
But then I made a mistake. I took her up to see Ma on Saturday.
Ma didn’t recognize either one of us and was unusually belligerent.
She told us to get out of her room and never come back. She made
such a fuss that one of the nurses suggested we leave and come
back another time. The visit obviously upset Sarah, who was hoping
to make some kind of peace before Ma died. Sarah hadn’t given any
indication on Saturday night that she was about to do something
stupid, but she was quieter than usual and went to bed early.
I walked back through the house to our bedroom and touched
Caroline on the shoulder. She came out of sleep slowly.
“Mmm ... what? Is something wrong?”
“Sarah’s gone,” I said. “In Lilly’s car.”
She didn’t seem to understand for a moment. Then she sat
straight up. “Oh no,” she said. “I dreamed last night that she ran
away.”
“We better take a look around and make sure nothing’s
missing.”
“What do you think she took besides the car?”
“I don’t know, but you better make sure she didn’t steal anything
out of your purse, and you should check your jewelry. Lilly’s too. I’ll
check the electronics and the guns.”
It was hard to think of my sister as a thief, but that’s exactly
what she’d been in the past. She’d stolen money from me, and Ma
had been a favorite target. I wandered around the house for the next
fifteen minutes, checking to make sure she hadn’t hauled off a
computer or a television or a stereo system. When I was finished, I
walked back into the kitchen. Caroline was sitting at the table
drinking a bottled water. She looked at me, and I knew the news was
going to be bad.
“My diamond necklace is gone.” I’d given Caroline the necklace
for Christmas five years ago. She’d never owned anything
expensive, and seeing the look on her face when she opened the
box had given me great pleasure. She kept it in a jewelry box in a
drawer in the bedroom. If it was gone, Sarah must have snuck in
there and stolen it during the night.
“Goddammit,” I said. “Goddammit! How could she do this?”
“I guess we were expecting too much,” Caroline said.
“I thought she might be ready to change. I thought I might be
able to help her.”
“When she’s ready to change, if she’s ever ready to change,
she’ll do it on her own. We can’t force it on her. What do you think
we should do?”
“She’s taken a ten-thousand-dollar car and a five-thousand-
dollar necklace. What do you think I should do?”
Caroline sighed. “I don’t know, babe. Maybe you should go out
and try to find her.”
“I’ve been down that road before. You know she’s high by now. I
guarantee she’s already sold the necklace for peanuts or traded it for
coke. If I found her at some dealer’s house, I’d end up defending
myself in court after I killed the son of a bitch. I guess I’ll just call
Johnson City’s finest and see if they can pick her up before she sells
the car to some chop-shopper.”
The phone rang. Maybe it was Sarah, ready to turn back before
she crossed the line.
“Mr. Dillard?” a male voice said when I answered.
“Yes.”
“Hi, this is Matthew Miller with the Johnson City Police
Department. Haven’t seen you in a while. You okay these days?”
I knew Matthew Miller. I knew most of the cops in Johnson City.
“I’m fine, Officer Miller. Tell me you found my daughter’s car.”
“A 2001 Chrysler Sebring, maroon in color, Washington County
plate number QRS-433?”
“It was stolen last night.”
“Well, sir, I’m afraid I have some more bad news. We found it
wrecked this morning off Knob Creek Road. Went down an
embankment and rolled across a creek. Ended up against a tree. I’d
say it’s totaled, and—”
“What about the driver?”
“No driver,” Miller said. “No trace. Any idea who was behind the
wheel?”
“It was probably my sister. She disappeared sometime last
night.”
“I thought she was locked up.” Sarah was infamous. Everybody
knew her.
“She got out a couple weeks ago. She was staying here.”
“I guess no good deed goes unpunished,” Miller said. “We’re
pretty much finished up here. I’m going to have the car towed down
to Brown’s Mill Chevron, and you can take it from there. The air bags
inflated and there’s no blood, so if it was your sister, she probably
made it out okay.”
“Thanks. Can you send somebody out here to take a report?
She took some jewelry too.”
“Probably be best if you just call 9-1-1,” he said. “They’ll send
the right people.”
I thanked Miller and hung up.
“She wrecked it,” I said to Caroline. “She wrecked Lilly’s car. I’m
calling the cops. I’m through with her.”
“I’ve heard that before.”
“I’m serious. She committed two felonies under my roof. She
stole and wrecked my daughter’s car and stole your necklace. With
her record, they’ll ship her off to the penitentiary where she belongs.
She won’t see the light of day again for at least four years, maybe
longer.”
“Are you sure that’s what you want to do?” Caroline said. “I
don’t want you beating yourself up about it later.”
I picked up the phone and dialed 9-1-1.
JUNE 9
10 A.M.
A half hour after I got off the phone with Diane, a guard brought
Sarah into the interview room. She looked like she’d aged fifteen
years. When she saw I was there, she didn’t bother to sit at the
table, she just put her hands over her face and slid down the wall
onto the floor. The sight of her no longer made me sad. All I felt was
anger.
“Have a good time?” I said.
“Screw you.”
“Screw me? That’s great. You did a nice job on Lilly’s car. I
really appreciate that.”
“Yeah, well, tell her I’m sorry. I haven’t driven in a while.”
“Where’s Caroline’s necklace?”
“Gone.”
“Gone where? Who’d you sell it to?”
“Like I’d tell you.”
“Did you sell it or trade it?”
“What difference does it make?”
“I’d like to get it back.”
“Not a chance.”
“Are you really that far gone, Sarah? Do you really not give a
damn about anything anymore? That necklace may mean nothing
but a quick fix to you, but it meant a lot to Caroline, and I’d like to
have it back.”
She uncovered her face and glared at me.
“The only person that necklace meant anything to was you. It
was just you showing everyone what a successful big shot you were,
buying an expensive trinket. Do you really think it meant anything to
her? You tried the same crap with me. Oh, come live with us, Sarah.
Come stay with my perfect little family. We’ll buy you stuff if you don’t
get high. We’ll take care of you. What a crock. You can’t buy people,
Joey. You’re so pathetic.”
I’d gotten up and was leaning against the block wall,
contemplating my fingernails. Sarah had long ago perfected the art
of the addict’s vitriolic tirade. The words floated past me like tiny
ghosts. I didn’t allow them to linger.
“I came up here for a couple reasons,” I said. “The first is to tell
you what you’ve done, in case you don’t fully understand the
situation. Stealing the car was a C felony, minimum three years,
maximum six in your range. Stealing the necklace was another C
felony, same sentence. With your priors and my connections at the
district attorney’s office, I think I can convince them to push for
consecutive sentences at the top of the range. No more six months
in the county jail and you’re out to do it again, Sarah. You’re going to
the penitentiary for twelve years. You’ll be at least fifty when you get
out, if you live that long. I’m going to see to it personally.”
I’d represented her five times in the past, each time telling
myself I’d never do it again. I’d always managed to get her
sentences reduced, to get them to go as easy on her as possible.
But this time was different. I felt genuinely betrayed, and although I
wasn’t proud of it, I wanted a little retribution. The words I’d spoken
seemed to sink slowly into her addled brain. She pulled her knees up
to her chest and rocked against the wall. Then she began to
whimper.
“You can’t do that to me, Joey. You can’t. I won’t survive.”
“Sure you will. You always have.”
“I’m sick, Joey. You know I’m sick. Tell Lilly and Caroline I’m
sorry. I’ll get a job and pay you back.”
“Too late. Last straw, Sarah. I’m through with you.”
“You’ve said that before. You don’t mean it. You’re the one
person who’s never given up on me. You can’t give up on me, Joey.”
“My name is Joe,” I said. “I stopped being Joey a long time ago,
when I grew up. You should give it a try.”
The crying turned into a mournful wailing. Tears were streaming
down her face, and she was banging her head against the wall. The
guard came to the doorway.
“Everything all right in here?”
“Yeah, I was just leaving. Mind letting me out?”
He unlocked the steel door and I stepped through. Sarah’s sobs
were almost unbearable. I quickened my pace as I walked down the
hall to the stairwell and pushed the door open. Just before it closed, I
heard her yell.
“Joey! You’re supposed to protect me!”
JUNE 12
2:15 P.M.
Since Lilly would be graduating soon and moving out, I knew her
recital that night might be my last opportunity to watch her dance.
Caroline told me she’d choreographed a solo for Lilly that was set to
a song about sexual abuse. How ironic, I thought, given my situation
with Sarah and some of the things Erlene had told me about Angel.
The dance was a lyrical, the song “I’m OK” by Christina
Aguilera. Lilly had been dancing since she could walk. She was
strong in acrobatics, tap, ballet, and jazz, but the lyrical dance was
my favorite. I loved the smooth movements, the athletic jumps, the
graceful turns.
My daughter was costumed in a long-sleeved, high-necked,
solid white dress. There were puffs at each shoulder, and the chiffon
skirt gave the illusion of a full circle when she turned. Rhinestones
glued onto the costume sparkled under the blue and gold spotlights.
Her long auburn hair had been pulled back from her face, and she
floated back and forth across the stage as if she were riding on her
very own cloud. I was amazed at the changes in both her body and
her ability in the six months since I’d last experienced the pleasure of
watching her dance. She was no longer a girl; she’d turned into a
young woman, a beautiful and talented young woman.
I felt my heart soar as I watched Lilly turn her body into a
powerful form of expression. Her long arms and slender hands
caught the subtle accents of the music perfectly, and the flexibility
and strength in her legs reflected the hard work and dedication
required of a dancer. As the music built, a smile took over my face.
She was so lovely, so pure. My day-to-day world was filled with
cruelty and evil and ugliness. I experienced this kind of thing so
rarely that at one point I realized I was lightheaded, apparently too
moved to breathe. As I listened to the lyrics, I understood what
Caroline had meant. The song was about a young woman who
carried the guilt and shame of sexual abuse at the hands of her
father.
When the dance was over, I quickly made my way around to the
back of the stage and asked another dancer to retrieve Lilly from the
dressing room. When she emerged, I kissed her on the cheek.
“Thanks, honey,” I said, “that was incredibly beautiful.”
“Are you all right, Daddy?”
“I’m great,” I said. “I’m absolutely fine.”
“Are you sure?”
She stood on her tiptoes, kissed me on the cheek, and pulled
me toward her so that she could whisper in my ear.
“This is the first time I’ve ever seen you cry.”
JUNE 16
6:00 P.M.
It was past midnight when we got home, and I was sore and tired.
Lilly was still upset, so I told her to sleep in our bed. After we were
sure she was asleep, I double-checked to make sure all the doors
and windows were locked. Caroline had taken a seat on the couch in
the den, and I went in and lay down with my head in her lap.
“You saved my life tonight,” I said as she stroked my forehead.
“Really? How?”
“When I went over the bank, I hit my head on the steering
wheel. It knocked me out, but this voice kept telling me to wake up. It
was your voice. You woke me up before I drowned.”
She leaned over and kissed me softly.
“I’ll always be there when you need me, babe,” she said.
“Always.”
I closed my eyes with the taste of her mouth lingering, and
somehow managed to drift off to sleep.
JUNE 17
MIDNIGHT
Ispent
was so sore the next morning I could barely get off the couch, so I
the day at home, looking out the window, worrying and
wondering. I got hold of Jack a little before noon, but I didn’t tell him
anything about Junior Tester. He’d been invited to play baseball for
Martinsville in the Coastal Plains League over the summer and was
having the time of his life. He said he was still hitting the ball great
and had talked to several big-league scouts. I promised him I’d make
it up there to see him play sometime soon.
Sam Wiseman called at two thirty in the afternoon and told me
he’d called the Cocke County Sheriff’s Department and learned that
Tester had taken a week’s vacation.
“I called his house, but nobody answered,” Sam said.
“Are you planning to go down there?”
“I ran it by my supervisor. He said since you didn’t see the driver
and don’t have a tag number, it’d be a waste of time.”
“What if the front end of his truck is banged up like you said at
the hospital? What if it has paint on it the same color as my truck?”
“You know how it is around here. We’ve only got five
investigators to cover three shifts. There’s been a string of burglaries
we’re working, and the boss wants me to keep concentrating on that.
He said he can’t let me go chasing around Cocke County on a case I
don’t have much chance of making.”
“This is bull, Sam. What about my family?”
“What about them?”
“Can’t you spare anyone to look out for them? At least for a few
days?”
“We barely have enough road deputies to cover patrols.
Besides, you haven’t exactly. ...” His voice trailed off without finishing
the sentence, but the tone alarmed me.
“I haven’t exactly what, Sam?”
“You haven’t exactly made a bunch of friends around here over
the years, you know. Not many people here are willing to go out of
their way to help you.”
“So you’re telling me that the sheriff’s department won’t help me
because I’m a defense lawyer?”
“I’m telling you we only have five investigators to cover three
shifts, we don’t have enough patrol deputies to provide security for
one family, we have a lot of other cases, and you’re accusing a law
enforcement officer of a serious crime with no real evidence to back
it up. I’m afraid there isn’t much I can do.”
“So what the hell am I supposed to do? Wait for him to come
back?”
“Maybe you ought to buy a gun.”
“I already have guns. I was hoping you guys would do
something so I wouldn’t have to use them.”
“Sorry. Like I said, we’re not going to be able to do anything
right now.”
“Thanks, Sam. Thanks for nothing.”
I hung up the phone, walked into the den, and sat down at the
computer, as angry as I’d ever been in my life. It didn’t take me long
to find Junior’s address and phone number on the Internet.
MapQuest gave me directions to his house. I printed the directions
and memorized the phone number, something that had always come
easy for me. Once the numbers were in my brain, they stayed there
for years. I spent the rest of the day trying to think of the various
situations I might run into if I actually did what I was thinking of
doing.
At 11:30 p.m., after the evening routines were all finished and
Lilly had gone to bed—in our room again—I asked Caroline to sit
down at the kitchen table. I told her about my conversation with Sam
Wiseman and that the police weren’t going to help. Finally, I took a
deep breath.
“I’m going down there,” I said.
“Where?” Caroline said.
“To Newport. To find Junior.”
“When?”
“Tonight. Now.”
“No you’re not.”
“Yes. I am.”
“No you’re not. No way.”
“I’m going, Caroline. You can’t stop me.”
“And just what do you propose to do when you find him?” Her
voice took on some intensity, and she stood up. Neither was a good
sign.
“I’m not sure, but I can’t just sit around here. The police aren’t
going to do anything, so I have to take care of this myself. Sit back
down and talk to me. Try to be rational.”
“Rational? Did I just hear you say rational? You’re talking about
going out in the middle of the night to an insane man’s house to do
God knows what, and you’re telling me to be rational? You’re as
crazy as he is!”
I stood up and started toward the bedroom with Caroline right
on my heels.
“He’s a police officer, Joe,” she said. “He’s going to have a gun,
you know.” The words were staccato, and her voice was a tone I’d
only heard a couple times during all the years we’d been together.
“Keep your voice down. Lilly’s sleeping.”
“Don’t tell me to keep my voice down. Wake up, Lilly! Your dad’s
about to do something insane! You better kiss him goodbye because
you might never see him again!”
Lilly stirred and groaned, but she could sleep through a
hurricane.
“Leave her out of this,” I said. I walked into my closet and
grabbed up a pair of black jeans, a navy blue hooded sweatshirt, a
pair of old combat boots, and a black stocking cap. Then I hurried
back out to the kitchen and started to change clothes. Caroline was
hovering like an attack helicopter.
“I have to do something to this guy,” I said as I pulled off my
shirt. “If I don’t, we’re all going to spend our lives looking over our
shoulders. I mean, for God’s sake, Caroline, think about what he did.
He staked us out. He stalked you. He followed me and ran my truck
into the lake. He tried to kill me. What do you want me to do? Sit
back and give him another chance, because I guarantee you he’ll try
again as soon as he finds out I’m still breathing. Or maybe he’ll try to
kill you next time. Or Lilly. Hell, maybe he’ll wait until he gets a shot
at all of us at the same time. Three for the price of one.”
“I don’t care, Joe. I—”
“Yes, you do. You care. You care about me and you care about
Lilly and you care about living. And as much as you want to think we
should be civilized right now, as much as you want to deal with this
rationally, there comes a time, Caroline. There comes a time when
meeting violence with violence is the best way, the only way.”
“So you’re going to hurt him?”
“I’m not planning to kill him, but I’m not going to give him a hug,
either. I have to let him know if he comes after any of us, there’ll be
consequences. I have to show him that I’m willing to cross the same
line he crossed.”
“I’m going with you.”
“No. You have to stay here with Lilly. We can’t leave her here
alone. I promise I’ll stay in touch. I’ll—”
“No, Joe. This is too weird.”
I looked her in the eye. “You know I love you, and you know I
respect you, but—”
“Don’t patronize me.”
“I’m not patronizing you, but I’m telling you I’m going. You can
yell and scream all you want. You can call the cops for all I care. I’ve
made up my mind, Caroline. I’m going.”
She took a long, slow breath. “Have you thought this through?”
“Of course I’ve thought it through.” I sat down in one of the
chairs at the table and started lacing my boots. “I’ve thought about it
all day, and to be honest, I have no clue what’s going to happen
when I get down there. Maybe nothing will happen.”
“I’m too young to be a widow.”
“And I’m too young to make you one.”
I got up and grabbed a lighter out of a drawer in the kitchen and
a bottle of water from the refrigerator. I opened the bottle, poured the
water into the sink, screwed the cap back on, and headed for the
garage. Leaning against the wall was an old hickory walking stick I’d
bought during a trip to Grandfather Mountain, North Carolina, a few
years ago. It was four feet long and hard as steel. I picked it up and
looked at it. Caroline was standing in the doorway, eyeing me.
“I need your cell phone,” I said.
“Why?”
“Because mine’s at the bottom of Boone Lake. Just get it.
Please?”
She disappeared for a second, came back to the doorway and
tossed me her phone.
“You’re taking a walking stick to a gunfight?” she said.
“If things go right, he won’t get a chance to shoot at me.”
“Sometimes things don’t go the way you plan them. And
speaking of plans, do you have one?”
“Sort of.”
“What is it?”
“You don’t want to know.”
“Yes I do.”
“Trust me, you don’t.”
I walked over to the five-gallon container that held gasoline for
the lawn mowers and filled the water bottle with gas.
“Are you going to throw a Molotov cocktail at him?” Caroline
said.
“Not exactly.”
“Then what’s the bottle of gas for?”
“Diversion, if I need it. Or maybe bait.”
The last thing I picked up was a small flashlight off the shelf in
the garage. Rio was following me every step of the way, whimpering.
He knew I was going somewhere and didn’t want to miss out on the
fun. I tossed the stick, the plastic bottle of gas, and the flashlight into
the passenger side of Caroline’s Honda and shut the door.
“Keep Rio close while I’m gone,” I said. Caroline was still
standing in the doorway with her arms folded. “The shotgun’s locked
and loaded behind the door in the bedroom. You know how to use it.”
She started chewing on her fist. I could see tears welling in her
eyes. “I want to go,” she said. “I can’t stand the thought of sitting
here waiting. By the time you get back, I’ll be insane.”
“I’ll be fine,” I said. “Try not to worry.”
“Yeah, sure.”
“I have to do this.”
“No, you don’t.”
“I can handle myself, Caroline.” I walked up to the door and took
her in my arms. “I’ll call you on the house phone when it’s done.
Don’t call me, please. I don’t want to worry about the cell phone
ringing.”
“You be back here by four,” she said, “and you better be in one
piece.”
“You sound like my mother.” I kissed her and got in the car.
A half hour later, driving along in the dark silence, the anger and
bravado I’d felt earlier started to subside. In my mind, I envisioned
Junior’s head exploding as I beat him with the stick and relived the
fleeting feeling of satisfaction the fantasy had given me. I smelled the
urine and felt his labored breath on my face. I began to shake, and
before long I was trembling so badly I had to pull to the side of the
road.
What the hell had I just done? I’d gone to a man’s home in the
middle of the night, attacked him, threatened him, and even
fantasized about killing him.
But he tried to kill you.
That doesn’t matter and you know it. You’re not a vigilante. How
many people have you defended who did something stupid and
violent because they thought it was right? You’re rationalizing.
I thought about the look in his eyes while I was straddling him.
My intention had been to scare him so badly that he’d leave me and
my family alone, but that look—that angry, pained, insane look—told
me I’d failed. He wasn’t afraid of me. He either hated me too much to
be afraid, or he was just too crazy to care. As I tried to control the
trembling, I looked at myself in the rearview mirror.
“Caroline was right,” I said aloud. “You’re as crazy as he is.”
JUNE 23
9:20 A.M.
I ’d been going down to the jail to see Angel once a week, but the
conversations I’d had with her were more personal than
professional. I’d already heard her version of what happened the
night Tester was killed, so I spent the time trying to get some
background information out of her. She was reluctant, but during the
second visit she decided she trusted me enough to tell me her real
name and where she was from.
I gave the information to Diane Frye. She’d been working for
weeks, and I’d also sent Tom Short, a forensic psychiatrist, down to
the jail to interview Angel three times. I set up meetings with both of
them on the same afternoon.
Diane had traveled to Oklahoma and Ohio, running down
witnesses and documents. I was anxious to hear what she had to
say. When I walked in, the conference room table was covered in
papers.
“Your chickie is a ghost,” Diane said in her Tennessee drawl.
She was nearly sixty, but she styled her light brown hair short and
spiked. She was wearing her perpetual smile and her favorite casual
outfit, a bright orange Tennessee Volunteer T-shirt—she’s a rabid fan
—khaki shorts that exposed knobby knees and varicose veins, and
orange high-top Converse basketball shoes.
“No Social Security number, no driver’s license, no school
records, no credit history, no nothing. She doesn’t exist, at least not
on paper. But I’ve talked to everybody I could find, and I think I’ve got
everything pretty well organized. At least you’ll know a little more
about what you’re dealing with.”
Diane said Angel was born in Columbus, Ohio, on March 15,
1989, to a young woman named Grace Rodriguez. Her biological
mother gave her up for adoption the same day to the Columbus
Freewill Baptist Home for Children. Angel was adopted five months
later by Airman First Class Thomas Rhodes and his wife, Betty. They
named her Mary Ann Rhodes.
Diane had flown out to Oklahoma City to talk to Angel’s adopted
parents. They told Diane that when they adopted Mary, they thought
they were unable to have children of their own, but Ms. Rhodes
became pregnant a year later. She subsequently had three more
children.
“They said they treated her like a princess,” Diane said. “The
mother called her a thieving, ungrateful little wench. She said her
husband kept a stash of cash in a box in the ceiling, and Angel
apparently cleaned it out before she left. But I always leave a card
and tell people if they have any other information to give me a call. A
couple hours after I left, I got a call on my cell phone. It was one of
their daughters, a seventeen-year-old named Rebecca. She was
scared to death and I didn’t get to talk to her for long, but she said
her parents didn’t tell me the whole story.”
Diane paused and stared up at the ceiling. She loved drama.
“What?” I said. “C’mon. Out with it.”
“She said her daddy did bad things to Angel.”
“What kind of bad things?”
“Sexual abuse. She said it went on for years, and she thinks
Angel finally just had enough. She also said her mother used to beat
Angel pretty badly.”
“I wonder why Angel never told anyone.”
“The mother is a religious freak. Their living room looked like a
sanctuary. She said she homeschooled the kids and was particular
about what they were allowed to watch and read. I got the
impression she didn’t even allow them to have friends. Angel
probably didn’t have much of an opportunity to tell. Either that or she
was just scared. Her sister told me Angel tried to run away a couple
times and the police had to bring her back, so I went down to the
Oklahoma City police department and got copies of the reports. In
2001 she only made it ten blocks. She locked herself in the
bathroom of a convenience store. The police came and took her
straight home. She took off again in 2003. They found her walking
along the highway about seven miles from her house. The police
took her home again. If she told them about the abuse, they didn’t
believe her.”
Diane then turned her attention to Erlene Barlowe. I’d asked her
to quietly check into a few things, and I’d paid her out of my own
pocket.
“No criminal record. Her husband was the sheriff of McNairy
County from 1970 to 1973. He resigned under some pretty
suspicious circumstances and went into the strip-club business. She
was with him every step of the way until he died of a heart attack last
year. She doesn’t seem to have any enemies, at least none I could
find. I talked to a couple of her employees. They’re flat-out loyal.”
“Corvette?”
“No Corvette. Or I guess I should say no record of a Corvette.”
“And what about Julie Hayes?”
“Very naughty girl. Three drug possessions, two misdemeanor
thefts, three prostitution convictions. Most of the arrests are in the
Dallas-Fort Worth area. Nobody had anything good to say about her.
She’s a mess.”
“You talk to her?”
“I tried. The first time I went out to her place she was so stoned
she could barely speak. The second time she told me to buzz off, so
I buzzed off.”
An hour later, I drove over to meet with the forensic psychiatrist I’d
hired to examine Angel. Tom Short was head of the psychiatry
department at East Tennessee State University, a short, wiry
academic who seemed to spend a lot of time in a world no one else
understood. I’d met him at a death-penalty seminar in Nashville five
years earlier where he taught a class on the role of psychiatric
evaluation in mitigation. I’d used him in seven cases since then, and
we’d become friends. I’d never placed a lot of faith in psychiatry
before I met Tom, but his uncanny ability to diagnose personality
disorders and psychotic illnesses made a believer of me. I trusted
him completely.
“PTSD,” he said as soon as I walked into his office. He was
sitting behind his desk, chewing on the end of the pipe he kept in his
mouth like a pacifier. I’d never seen him without the pipe, and I’d
never seen it lit.
“Post Traumatic Stress Disorder?”
“Chronic and severe. But she’s being evasive about the
stressor. I suspect she was raped by her adopted father.”
“Why?”
“Because if the stressor was a car accident or something she
witnessed, she’d tell me about it. She became agitated and evasive
when I asked her about her father.”
“Is she a candidate for murder?”
“Everybody’s a candidate under the right circumstances.
Unfortunately, I don’t have a crystal ball.”
“I don’t see how she could possibly have killed Tester,” I said.
“For one thing, he was a 260-pound man. What does she weigh?
110? I just don’t see her being able to overpower a guy like that.”
“His blood alcohol level was .27, and he was drugged. A ten-
year-old could have killed him.”
“I know, but she just doesn’t feel like a murderer when I talk to
her,” I said.
“I look at her clinically,” Short said. “You look at her emotionally.
Her beauty and vulnerability cloud your perspective.”
“So you think she killed him?”
“I didn’t say that. I’m just saying it’s possible. Some PTSD
victims go into a dissociative state if the stressor is severe enough,
and if it’s repeated. Let’s say her adopted father sexually abused her
for years, which I suspect he did. She runs away. Then she finds
herself being sexually abused by this Tester man. It’s possible she
could have had sort of an out-of-body experience and killed him. It
would also explain the extraordinary number of stab wounds and the
mutilation.”
“Would she remember it?”
“It’d be like a dream, but she’d remember it.”
“Would she be responsible for her conduct, legally, if that’s what
happened?”
“Probably not. I think I’d be able to testify that under those
circumstances she would not be responsible for her conduct. At that
point, she wouldn’t have been able to discern the difference between
right and wrong.”
“The problem is that in order for us to assert that defense, she’d
have to admit she killed him.”
“That’s right.”
“She says she didn’t kill him.”
“I know.”
“So where does that leave us?”
“She didn’t tell me she did it, so as far as I’m concerned, she
didn’t do it. Everything I’ve told you is purely theoretical.”
“Have you made notes on all of this?”
“Of course.”
“Shred them.”
Since I had Tom’s attention, which was sometimes hard to get, I
decided to ask him about Junior Tester. I described to him in detail
everything that had happened between us, including the look of
torment and hatred on Junior’s face the night I went to his house.
“Was it a mistake?” I said.
“Actually,” Tom said, “going down there wasn’t as bad an idea
as you might think. You may have showed him there could be
serious consequences to his actions. Maybe you shocked him back
into reality, at least for a little while. Have you seen him since?”
“No.”
“You must have frightened him.”
“He didn’t look scared. Do you think I’ll see him again?”
“Can’t say for sure.”
“Is it likely?”
“I’d say it depends.”
“On what?”
“On how you portray his father in the courtroom if you go to trial.
You might want to give that some serious consideration.”
JUNE 25
4:00 P.M.
A fter the meetings with Diane and Tom, I was both confused
and concerned. I decided it was time to go have a serious
conversation with my client. I wanted to discuss some of the more
incriminating evidence with her, but more important, I needed to see
how well Angel would hold up under cross-examination. If I could
catch her in a lie, so could the district attorney.
She wasn’t shackled or handcuffed when the guards escorted
her into the interview room—apparently she was no longer
considered a security risk. I’d asked her what she wanted me to call
her after I found out her real name. She said she wanted to be called
Angel. Mary Ann, she said, was gone.
“How are you holding up?” I said.
“I’m okay. The guards are nice to me.”
Each time I went to visit, I was struck by something different: the
smoothness of her skin, the contours of her face, the fullness of her
lips. She was an extraordinarily beautiful girl, a fact that made what I
was about to do even more difficult.
“There are a couple things I need to ask you about, some things
that are bothering me. I want you to tell me the truth.”
A puzzled look came over her face, but she nodded.
“First off, I need to know about your relationship with Julie
Hayes.”
“What about it?”
“Do you have any idea why she would tell the police that you
and Erlene left the club right after Reverend Tester the night he was
killed?”
“What? Julie said that?”
I reached into my briefcase, pulled out a copy of Julie’s
statement, and set it down in front of Angel.
“This is a copy of the statement she gave to the TBI. Read it for
yourself.”
Angel looked down at the statement for a few minutes, then
back at me.
“Why would she say something like that?” she said.
“Good question. Why would she?”
“I don’t know.”
“Did you and Erlene leave the club right after Reverend Tester?”
“No.”
“Are you sure?”
“Yes.”
“Well, Julie says you did, and since she signed this statement,
I’m sure she’ll testify at the trial. Is she mad at you about
something?”
“I don’t think so.”
“Is she mad at Erlene about something?”
“I don’t know.”
“Was she jealous of the relationship between you and Erlene?”
“She never said anything to me about it.”
“Did you ever see Julie and Erlene argue or fight about
anything?”
“No.”
“Did Erlene take you home that night?”
“Yes.”
“What kind of car was she driving?”
She hesitated. “What?”
“What kind of car was Erlene driving that night?”
“I don’t know anything about cars.”
“Do you know what a Corvette looks like?”
“No.”
“Come on, Angel. It’s a sports car. Shiny and fast. It would have
been red.”
“I really don’t know anything about cars.”
“Was Erlene driving the same car the next day?”
She hesitated again and asked me to repeat the question.
“Erlene took you home with her the night Reverend Tester was
killed, right?”
“Yes.”
“She gave you a ride home in her car, right?”
“Yes.”
“Did she have the same car the next day or a different car?”
“I don’t know. The same car, I guess.” She looked upward when
she answered. I thought she might be lying, so I stayed with the
subject of the car.
“Julie told the police Erlene was driving a red Corvette the night
Tester was killed. She said Erlene got rid of it and was driving a
different car the next day. Is that true?”
“I don’t think so.”
I sighed. I wanted to believe her, but the vagueness of her
answers wasn’t helping. I decided to press harder, so I raised my
voice a notch and slammed my palm down on the table.
“Is that what you’re going to tell the prosecutor when he asks
you the same question on the witness stand? Are you going to say ‘I
don’t think so’? If that’s what you’re going to say, he’ll tear you apart.
Now give me a straight answer! Was Erlene driving a different car
the next day or not?”
The sound of my hand on the table had startled her, and I could
tell the tone of my voice was beginning to unnerve her.
“No. I think she was driving the same car.”
“You think? You think she was driving the same car? That’s not
good enough, Angel. That’s an evasive answer. Juries don’t like
evasive answers.”
“What should I say?”
“How about the truth? This is just between you and me. If you
tell me Erlene was driving a different car the next day, I’m not going
to run out and tell the police, and I’m not going to tell Erlene that you
told me.”
She folded her arms across her chest and crossed her legs—
the classic defensive position—and started rocking back and forth in
her seat. She was obviously struggling with herself, trying to make
some kind of decision.
“Miss Erlene didn’t kill anybody,” she said finally.
“I didn’t say she did.”
“That’s what you’re thinking. I can tell.” She was right. I was
beginning to believe that Angel was protecting Erlene. If she was, it
was a mistake that could cost her her life.
“Julie says Erlene switched cars the day after Tester was
murdered. Julie says you and Erlene left the club right after Tester
left. Now either Julie’s lying, or you and Erlene are lying. If Julie’s
lying, I need to know why. If you’re lying, I need to know why. Now,
who’s lying?”
“Julie’s lying.”
“Why?”
“I don’t know.”
“Then tell me about Erlene’s car. Did she switch cars the day
after Tester was killed or not?”
“No.”
I was back to square one. Julie was lying, and the only
explanation I could offer a jury was that she was a drug addict,
perhaps bitter, or perhaps jealous of the relationship between Erlene
and Angel. I didn’t know whether a jury would buy it.
“You can uncross your arms now.”
“What?”
“People cross their arms when they feel like they’re being
threatened or attacked, Angel. It’s a sign of defensiveness, and I
don’t want you to do it if you ever get up on a witness stand. Now tell
me about the bruise on your face. The one the police took a picture
of.”
She hesitated again and unconsciously raised her fingers to her
cheek. Her eyes began to blink quickly.
“I got hit by a door,” she said.
“When?”
“The day after, I think.”
“Where?”
“At the club. I was about to walk through the door and someone
opened it from the other side. It hit me in the face.”
“Erlene told me you didn’t go back to the club after Tester was
killed.”
“Oh, right, well, it must have been the day before then.”
“The same day Tester was killed?”
She nodded.
“You’re sure?”
“Uh-huh.”
“Who was on the other side of the door?”
“I’m not sure.”
“You don’t remember who hit you with a door so hard it put a
bruise on your face?”
“It was Heather. I remember now.”
Small beads of perspiration were forming on her forehead, and I
decided to ease off. I wondered whether Heather would confirm that
Angel had run into a door, and I made a note to have Diane Frye
speak with her. Angel had self-consciously unfolded her arms and
placed her hands on the table. I noticed they were discolored—not
severely, but they were both slightly pale to about an inch above her
wrist. I remembered Erlene telling me to ask Angel about her hands.
Very gently, I touched one of them.
“Did something happen here?” I said.
“I burned them when I was little.” The words were flat,
monotone, and the expression on her face went completely blank.
“How?”
“I was making oatmeal for my brothers and sisters.” She paused
for a long moment. “And I ... I dropped the spoon into the pot ... by
accident.” She paused again.
“And?” I said.
“Mother Betty. She pushed my hands down into the oatmeal
and made me get the spoon out.”
“Jesus, Angel. And your hands look like that from the burns?”
She nodded.
“How old were you?”
“I’m not sure. Maybe five. Or six.”
I shuddered. She’d described the event as if she were
describing a walk down an empty hall in a burned-out building. She’d
become distant, disconnected, as though she’d suddenly been
unplugged.
“What about your adopted father? Did he do bad things to you
too?”
Another nod.
“Do you want to tell me about it?”
Tears were forming in her eyes. She didn’t answer the question.
She didn’t have to.
“Did it happen a lot?”
She nodded again as a tear slid down her cheek.
“Angel, is there something you’re not telling me?”
She started to speak but stopped herself. I suddenly realized I
was in a tug-of-war, and Angel was the rope. Someone else was
pulling on the other end, and I suspected it was Erlene. She broke
into tears and stood up, leaning against the table. Her shoulders
began to shudder, and her lips were quivering. The intensity of the
sobs increased with each passing second, and before I knew it, she
was hysterical.
“Please,” I said when she paused for breath after a high-pitched
wail, “you need to stay calm, Angel. All I want is the truth.”
She gave me a look that told me I’d gone too far and gathered
her breath.
“Why won’t you believe me?” she shrieked. “I told you I didn’t
kill him! Why are you asking me all these questions? I thought you
were on my side! I thought you were my friend!”
She turned and started to pound on the door with her fist.
“Wait, please. Please calm down, Angel. I am on your side.” I
got up from the table and reached out to touch her arm.
“Don’t touch me! Stay away from me!”
The door opened, and she nearly fell into one of the two guards’
arms. I started out the door toward her, but the second guard stuck
his finger in my chest.
“Step back,” he said. He meant it, he was armed, and I had a
feeling he would do anything to protect this particular prisoner.
I raised my hands and stepped backwards into the interview
room as he slammed the door in my face.
JUNE 28
1:30 P.M.
Iseatwalked into Judge Glass’s courtroom a little after nine and took a
in the back behind a column where the judge couldn’t see me.
Sarah and her appointed attorney had worked out an agreement with
the assistant district attorney, and she was about to enter a plea. To
my relief, there were no reporters in the jury box.
I’d lost a lot of sleep thinking—and worrying—about Sarah. As
time passed, I’d gotten over the anger. I still thought Sarah needed
to pay for what she’d done, but I knew prison time wouldn’t do her
any good. I’d never seen prison time do anyone any good.
She’d agreed to plead guilty to two counts of felony theft, to
accept the minimum sentence of three years on each count, and to
forego a probation hearing. The two three-year sentences were to
run concurrently. Under Tennessee law, she’d be eligible for parole
after serving ten months, and I had every intention of speaking on
her behalf at her first parole hearing. Because of the overcrowding in
the state penitentiary system, inmates who were sentenced to fewer
than three years served their time in the county jails. That meant
Sarah wouldn’t be shipped off to the woman’s prison in Nashville but
would stay in the Washington County Detention Center. I’d be able to
visit and try again to patch things up. I should have already gone
down to see her, but I was afraid we’d just end up in the same old
place.
Judge Glass was his usual cantankerous self, barking at
defense attorneys and sniping at defendants. A woman in the
audience had forgotten to turn her cell phone off, and when it rang,
Glass ordered her to the front and castigated her so fiercely that she
was reduced to tears.
He called Sarah’s case twenty minutes after I sat down, and a
bailiff brought her in. She looked small and frail in the baggy
jumpsuit, and I thought the handcuffs and shackles were totally
unnecessary. She shuffled to the podium and stood looking at the
floor.
“State of Tennessee versus Sarah Dillard,” Judge Glass said.
He looked at Lisa Mays, the assistant district attorney. “Is this Mr.
Dillard’s sister?”
“She is, Your Honor.”
I hoped Glass wouldn’t use his dislike for me as a reason to
reject the plea agreement and give Sarah a harsher sentence. I
scooted down in my seat.
“What did she do this time?” Glass said.
“She stole Mr. Dillard’s daughter’s car and a necklace that
belonged to Mr. Dillard’s wife,” Mays said. “She traded the necklace
for cocaine and wrecked the car.”
“So she’s an indiscriminate thief,” Glass said. “She steals from
everybody in the family. How’d she get the keys to the car? She
break in?”
“No, Your Honor. As I understand it, she had recently been
released from jail, and Mr. Dillard had taken her in. He was trying to
help her. This is how she repaid him.”
I was hoping Glass would just go through the motions and not
ask any questions. It was a run-of-the-mill plea. He took hundreds of
them every year.
“This judgment form says she was charged with two Class C
felonies,” Glass said. “I read her presentence report last night. She’s
been stealing and drugging for almost twenty years. Why are you
agreeing to concurrent sentences?”
“We agreed at the victim’s request, Your Honor. We do it all the
time.”
“You mean to tell me Mr. Dillard requested that she only serve
three years for this? After everything else she’s done?”
“Yes, sir.”
“Where is he?”
“He’s probably in court somewhere.”
“Well, get him down here. I want to talk to him.”
I stood, my face hot, and walked toward the front.
“I’m here, Judge.”
“Well, well, Mr. Dillard, glad you could join us, especially since
you’ve been so successful at manipulating the system.”
“I haven’t manipulated anything,” I said. Lisa Mays seemed
surprised to see me. Sarah looked at me hopefully. I stopped just to
the right of the defense table. “I’m just not asking for blood, Judge.
This is her first felony.”
“It’s her first felony conviction,” Judge Glass said. “She’s been
charged with felonies three times in the past, but they’ve all been
reduced to misdemeanors. I suppose you didn’t have anything to do
with that either—did you, Mr. Dillard?”
“Are you accusing me of something?”
“You’re darn right I am. I’m accusing you of manipulating the
legal system to gain favorable treatment for a member of your
family.”
“And you wouldn’t do the same?”
“Watch your mouth, sir. I’m not in any mood to put up with any
disrespect from you.”
“This district attorney, the public defender, and my sister have
apparently come to an agreement they think is fair,” I said. “I didn’t
have anything to do with it. The only thing I told Miss Mays was that I
wasn’t going to insist on the maximum punishment. She’ll serve
almost a year as it is.”
“Let me ask you a question, Mr. Dillard,” Judge Glass said. “If
this young lady was a complete stranger to you and she’d stolen
your daughter’s car and an expensive piece of jewelry that belonged
to your wife, would you be in here asking me to accept a minimum
sentence? Especially with her list of priors? Tell the truth for a
change.”
“She’s not a complete stranger, so the question is meaningless,”
I said. “And I always tell the truth in this courtroom. You just don’t like
to hear it sometimes.”
“Watch your tone, Mr. Dillard. You’re on the verge of a contempt
citation.” His voice was beginning to tremble, a sure sign that his
anger was about to overcome his reason.
“My tone is no different than yours, Judge,” I said. “Is this
hearing about accepting a plea from my sister? Or is it about
something else? Because if it’s about some personal animosity you
hold toward me, perhaps you should consider recusing yourself from
this case and let her enter her plea in front of an impartial judge.”
Glass was a bully, and like all bullies, he became angry and
confused when people stood up to him. He certainly had the power
to put me in jail, but I knew I hadn’t done anything to deserve it. If he
ordered them to arrest me, I’d just embarrass him in front of the court
of appeals.
“Don’t flatter yourself,” he said. “I save my personal animosity
for important people. You’re certainly not in that category.”
“Good. Then let’s get on with it,” I said.
“I’m not accepting this plea as is,” Glass said. “She can plead to
two consecutive three-year sentences, or she can plead to
concurrent six-year sentences, or she can go to trial. She’s not
walking out of my courtroom with less than six years.”
“Why?” I said. That simple, three-letter word was the one I knew
judges hated the most. Most of them didn’t feel like they had to
explain themselves. They were judges, after all. They wore a robe,
and the robe gave them the power to do pretty much whatever they
pleased.
“Why, Mr. Dillard? Why? Because I say so. Because your sister
is the scum of the earth. She won’t work, she doesn’t pay taxes, she
sucks up drugs like a vacuum cleaner, and she’s a thief. She’s a
drain on society, and she belongs in jail. If you didn’t want her to go
to jail, you shouldn’t have reported her crimes to the police. You did
call the police, didn’t you?”
As much as I hated to admit it, he was right. When I picked up
the phone, I knew I was putting Sarah at risk of a long jail term. Hell,
I’d wanted her to go to jail. But my anger had subsided, and I’d
convinced myself that what she’d agreed to was more than enough.
“What’s the matter, Mr. Dillard?” Glass said. “Cat got your
tongue?”
“This is between you and the district attorney and her lawyer,” I
said. “I’m leaving.”
“Have a nice day,” Glass said.
I turned and walked out the door, angry and embarrassed. I
called Lisa Mays an hour later. She said the public defender had
taken Sarah into the back and explained that if she went to trial and
was convicted, Judge Glass could, and probably would, sentence
her to twelve years in prison.
“She agreed to the six,” Mays said. “But the judge went into his
routine again about you calling the police. She’s angry at him, but
she’s really pissed off at you.”
JULY 5
8:20 A.M.
Inamed
was sitting with Thomas Walker II, an assistant district attorney
Fred Julian, and a couple of bailiffs in the judge’s office in
Mountain City, getting ready to go to trial with Maynard Bush. The
bailiffs were Darren and David Bowers, a pair of cheerful,
inseparable identical twins in their late fifties. Every time I saw them,
they were laughing. After graduating from high school in Mountain
City in the late sixties and thinking they’d be drafted, Darren and
David enlisted in the army so that they could stay together. Darren,
in his brown deputy’s uniform, was telling a war story. David, also in
uniform, was sitting across the room red-faced.
“We’re in this little bitty brothel in Saigon,” Darren was saying.
His accent made Jeff Foxworthy sound like a city slicker. “Been out
in the bush damned near a month. Hornier than three-peckered billy
goats, both of us. Davie’s drunker’n Cooter Brown, and he staggers
up to this ol’ Vietnamese madam and puts his hands on his hips like
John Wayne and says, ‘How much fer a suckie thar, Miss Slanty
Eyes?’
“Now, I reckon that ol’ girl, she knew a little more English than
Davie figgered she did, ‘cause she give him a look that’d peel
chrome off a bumper. Then she smiles at him all nice and says, ‘You
beaucoup big boy?’ Davie didn’t know what she’s a-talkin’ about at
first, but then she points down at his pecker and she says, ‘Show
me. You big boy?’”
Darren was giggling. He started to talk and then stopped and
giggled some more. The memory was almost too much for him to
take.
“So Davie, he goes, ‘Ahh, so you want to take a gander at old
G.I. Johnson, huh? You reckon it might be too big for your girls?’ So
Davie, he ... he. ...” Darren broke down again. He was laughing so
hard tears were streaming down his cheeks.
“Davie, he just drops his fly and pulls his pecker out right there
for everybody to see. And that madam, she looks down at it and then
she looks back up at Davie’s face all serious, and I swear on my
mama’s grave, this is what she says to him. She says, ‘Normal price
for suckie ten dollah. But for little guy like you, I take five.’”
Darren slapped his leg and roared. Laughter was bouncing off
the walls as Judge Rollins walked in. Rollins was a no-nonsense guy
who traveled the Second Judicial Circuit. He didn’t bother to ask
what all the commotion was about.
“Go get him,” he said to the Bowers twins. “Let’s get started.”
Darren and David got up to go fetch Maynard Bush. He was
being held in the old Johnson County Jail, which was about a
hundred feet behind the courthouse, across a small lawn.
The judge sat down behind his desk, and we started talking
about some of the issues that would come up in the trial. After about
ten minutes, I heard what had to be gunshots.
Pop! Pop!
There was a short pause.
Pop!
The second-floor window behind the judge’s desk looked out
over the lawn behind the building toward the jail. I got to the window
just in time to see Maynard Bush climbing into the passenger side of
a green Toyota sedan. A woman was helping him get into the car.
She slammed the door, ran around to the driver’s side, jumped in,
and the car drove away.
Darren and David Bowers were sprawled in the courtyard.
Darren was facedown. David was lying on his back. The first thought
that hit me when I realized what had happened was that they both
had grandchildren.
It took me less than a minute to run down the steps, out the
back door, and across the courtyard. David was gasping for breath,
blood gurgling from a hole in his throat. Darren wasn’t moving. I
pressed my finger against his carotid. No pulse. Two officers from
the jail were only seconds behind me. One of them took a look at the
two fallen men and raced back inside.
I rolled up my jacket and placed it underneath David’s feet. I
took off my tie, folded it, and laid it across the wound in his throat. I
put my left hand behind his head and held the tie over the wound
with my right, trying to keep pressure on it to reduce the bleeding.
“Stay with me, David,” I said. “You’re going to be okay. Just stay
with me until the ambulance gets here.” He didn’t respond. “David!
Please, hang in there. You want to see those grandbabies again,
don’t you?” His eyes flickered slightly at the mention of his
grandchildren, but blood was pouring from the wound and his breath
was labored. I didn’t think he was going to make it.
Beside me, a young Johnson County deputy rolled Darren onto
his back and started CPR. The deputy who’d gone back inside
returned with a first-aid kit and three more officers. They helped me
replace my tie with a bandage.
“What happened?” one of them said.
“I don’t know,” I said. “I heard the shots, looked out the window,
and they were down.”
I held the bandage for what seemed like forever when suddenly,
finally, I became aware of sirens; the air seemed to explode with
noise and activity. Two ambulances and a crash truck arrived from
the EMS station, which was only three blocks away. All of them
jumped the curb and pulled to within a few feet of me. Uniformed
men and women began to surround me, and I stood and backed off
a ways. There was nothing more I could do.
They patched David up as best they could, strapped him onto a
gurney, and loaded him into the ambulance. They did the same for
Darren, but everybody knew he was already dead.
As they drove away, I stood there in a daze. A thought began to
form in my mind, and I instantly felt nauseous. Had Maynard used
me to plan his escape? It was routine for attorneys to help their
clients set up jail visits, but I was certain the woman I’d seen helping
Maynard get into the car had to be Bonnie Tate. I hadn’t actually
seen her before, but it had to be her.
I thought about what Maynard said to me that day: “I ain’t
saying I want to marry you or nothing, but you’re a pretty decent
dude.”
Decent dude. I dropped my head and began to trudge back
toward the courthouse. My legs felt as heavy as tree trunks. I noticed
my hands and shirt were covered with blood, David Bowers’s blood.
Decent dude. As I walked slowly through the courtyard in the bright
sunshine on a beautiful July morning in the Tennessee mountains, I
felt anything but decent. I felt dirty, and I just wanted it all to end.
JULY 7
11:45 P.M.
About six hours after Maynard was arrested and hauled back in,
Judge Glass called my office.
“I want to go ahead and reschedule the first trial as soon as
possible,” he said, “and you might as well represent him on the new
charges. He’s got an escape, four counts of first-degree murder, two
counts of conspiracy to commit first-degree murder, and four counts
of felony murder. You don’t mind, do you?”
Did I mind? It may have been the dumbest question ever
uttered. Angel’s trial was bearing down on me, I was constantly on
the lookout for Junior Tester, my mother was dying, my sister was in
jail, and I felt at least partially responsible for David and Darren’s
deaths. And to top things off, I knew if I represented Maynard after
he’d killed two well-liked deputy sheriffs, I’d make a bunch of brand-
new enemies in Johnson County and probably wind up practicing
law for another two years. Did I mind?
“Judge, I told you I don’t want any more appointed cases. I’m
getting out of this business.”
“We’ve all got problems, Mr. Dillard,” he said. “And right now my
biggest problem is dealing with this POS. You’re already appointed
on the first two, a few more won’t hurt you. Make a package deal.
Get it over with.”
“You’re not hearing me, Judge.”
“The case law says I can appoint you to a case if I so choose. If
you refuse, I can hold you in contempt. Now, you’ll either deal with
this like a professional, or I’ll cite you for contempt and throw you in
jail.”
“Where are they holding him?” I said. He had me by the balls,
and he knew it.
“My understanding is they’ve moved him up to Northeast, to the
max block. We need to get him arraigned as soon as possible,
unless you can get him to waive the rule. Do you think you can do
that?”
“I have no idea. I’ll have to ask him.”
“Get up there by Friday.”
“I’ll go after the funerals,” I said.
The sturdy young guard, along with two of his sturdy young buddies,
returned with Maynard Bush in tow. He was smirking. There were
bruises on his face and arms—I assumed from the police. The
guards sat him in a chair across the room from me. There was no
way to secure him to the floor, so the guards ran chains through his
shackles and around the legs of the chair. That way, if he decided to
make a run at me, he’d have to drag the chair with him.
“Do you want us to stay in the room?” one of the guards said.
“No thanks. I’ve talked to Mr. Bush many times before.”
“If you have any problems at all, just holler,” he said. “We’ll be
right outside the door.”
I looked over at Maynard sitting there in his striped jumpsuit
with MAXIMUM SECURITY emblazoned on the front and the back.
He was staring at nothing in particular with that disgusting smirk on
his face.
“You’ve been a busy boy,” I said.
“Appreciate the help,” he said.
“You son of a bitch. You used me.”
“You’re right about both things, counselor. My mama was a
bitch, and I played you. Don’t worry about it though. I played
everybody. Why do you think I wanted that change of venue so bad?
I knew them crackers in Mountain City wouldn’t have good security.”
“Why, Maynard?” I said. “Why did you have to go and do
something so stupid?”
“Been wanting to plug that worthless old hag for twenty years. I
shoulda done it when I was a kid. The only thing I regret is that I
didn’t have more time with her. I was looking forward to seeing her
suffer.”
“Is that the only reason you broke out? So you could kill your
mother?”
He smiled.
“And the Tate woman? Why?”
He shrugged his shoulders. “She got the drop on them
deputies, handed me the gun, and then drove me out of there, just
like I told her. She was as responsible as me for them getting killed. I
didn’t figure she’d like it in jail, so I did her a favor. Besides, I didn’t
need her no more.”
“So now you’ve got four more counts of murder,” I said. “The
two deputies, Bonnie Tate, and your mother.”
“I know how many was killed. I can count.”
“The judge wants to try you for the teenagers first, then the
police officers, then Bonnie, and then your mother, but they have a
little problem. The law says they have to arraign you on these
charges as soon as possible. Normally they do it within seventy-two
hours of your arrest, but with your security situation, they have some
leeway. I have a waiver here I need you to sign. It gives them up to
thirty days to arraign you on the new charges, but they’ll probably do
it in the next week or two. You don’t have to sign it, but you might as
well. You’re eventually going to end up on death row anyway.”
I pulled the document from my briefcase and stood to approach
him. He was trussed up like a chicken, but I’d be lying if I said I
wasn’t apprehensive. I set my briefcase on his thighs and put the
pen in his right hand. He scrawled his signature on the line.
“They can’t kill me but once, you know,” he said.
“Are you finished now, Maynard? You’ve killed your mother. Is
that enough? Or are you going to kill anybody you can kill between
now and the time they stick a needle in your arm?”
“You ain’t gonna have to worry about me much longer.”
“Why? You contemplating suicide?”
“Nah, I like myself too much for that. But they’ll get me in here,
Dillard. You mark my words.”
“Who?”
“I killed two cops in this county. You think they’re about to let me
live?”
“You’re in a max block, in case you haven’t noticed. Nobody can
get to you in here.”
“The guards can. I won’t make it another week. But that’s all
right. I’ve lived my life, and now I got my revenge.”
I walked to the door and opened it, and the three sturdy young
guards stepped in. They took Maynard back, and I ran the gauntlet
of catcalls again on my way out. Once I was clear of the max unit, I
thought about what Maynard had said. The chances that Darren and
David Bowers had friends and relatives working at the prison were
good. For a moment, I thought I should do something, maybe file a
motion and have Maynard transferred out of Johnson County for his
own protection. Then I thought about the argument I’d have to assert
—that it was likely the guards at Northeast would conspire to murder
him. I imagined myself making that argument in front of Judge Glass.
He’d throw me under the jail.
Maynard, I decided, was on his own.
JULY 10
9:45 A.M.
A gent Landers looked down at his ringing cell phone, then over
at the naked blonde lying next to him. His head was throbbing
again. The woman wasn’t nearly as young as she looked last night.
Must have been the bad lighting in the bar. Or the whiskey.
He was supposed to have the rest of the week off. He and Bull
Deakins were planning to drive down to Hotlanta for a couple days.
They were going to catch a Braves game and visit the Golden Pony,
maybe round up a couple fillies and ride them for a night or two.
The phone number on the caller ID was the district attorney’s.
Damn. He pulled a sheet up over the woman’s head so that he didn’t
have to look at her and answered the call.
“Landers.”
“Phil, it’s Frankie Martin. We have a serious problem. Our only
witness against Angel Christian is dead.”
Deacon Baker had assigned the Angel Christian case to Martin,
who was only four years out of law school and had never tried a
murder case. Martin didn’t know it, but Deacon was setting him up to
be a scapegoat. If the case went south, Martin might as well pack
the suntan lotion because he’d end up going south with it.
“Julie Hayes?” Landers said. “How?”
“They found her at her place yesterday afternoon. She didn’t
show up for work, so Erlene Barlowe sent one of her gofers over to
check on her. She was dead on the kitchen floor. The Washington
County investigator who worked the scene said it looked like she
might have been poisoned, so I asked the medical examiner to rush
the preliminary autopsy. M.E. says she was full of cocaine and
strychnine.”
Landers had heard of lacing cocaine with strychnine at a DEA
seminar. It was a relatively simple process that produced an
agonizing death.
“Any ideas on who might have done it?” Landers said.
“I certainly have a candidate in mind.”
“You think it was Erlene Barlowe?”
“Hell yeah I do. Who else would kill her?”
“You think she killed her to keep her from testifying against
Angel? I think you’re reaching, Frankie. Why would she risk
murdering somebody to help Angel out? The kid had only been
around a couple months when we arrested her. Barlowe barely
knows her.”
“At this point, I think Barlowe probably murdered the preacher
too.”
“Then why would she kill a witness who was about to help us
convict someone else? Doesn’t make any sense. And in case you
haven’t looked close, we have less on Barlowe than we do on
Angel.” Landers hated working with kid lawyers. They were too dumb
to live.
“Deacon told me this morning about the witness who saw
Barlowe on the bridge,” Martin said.
“Do you know what Deacon told me about that witness? He said
the guy was unreliable. He said there was no way he could have
made an ID like that in the dark. He said for me to ignore him.”
“What are we going to do, Phil? This case was weak enough
with Hayes. Without her, I might as well dismiss it.”
“I wasn’t hot to take it to the grand jury in the first place. You can
thank your boss for that. He said he wanted to shake the tree.”
“Him and his damned tree. Dillard’s going to kick my butt. I’m
going to be a laughingstock. Every newspaper and television station
within fifty miles is covering this case, and everybody around is going
to be watching while I go down. There’s an election coming up, and
in case you guys over there at the TBI don’t pay attention to stuff like
that, losing a high-profile murder case a week before an election is
not good politics. Baker will fire me over this.”
“It’s not going to help my career either, Frankie.”
“Why didn’t we have her tucked away as a material witness?”
“Because she never gave me any indication she was going
anywhere.”
“Did you know she was a coke head?”
“I had my suspicions.” Landers felt a hand running up his leg
and pushed it away. It returned, and he pushed it away again. He
was thinking about how much he hated lawyers, prosecutors
included. Every time something went wrong with a case, they
blamed it on the police. He also hated aging bleached blondes like
the one next to him. He wished she’d just get up and leave.
“We need to try to make the best of this,” Frankie said. “I talked
to Deacon a little while ago, and we’ve come up with a plan. We’re
going to make Dillard an offer he can’t refuse on the Christian case,
but if it doesn’t work, we’re going to need your help.”
“I have the rest of the week off, Frankie. Call me on Monday.”
Landers hung up and turned to the woman, who was peeking
out over the sheet. Her left eyelash was twice as long as her right
one, which must have come off during the sexcapades last night. No
doubt he’d find it in the bed later. Ugh. The roots of her blond hair
were dark and so was the mole just above her left nostril. Landers
had absolutely no clue what her name might be.
“Get up,” he said. “Time to go.”
“Don’t you want to play some more?”
“Get up and get out.”
The woman began to collect her clothing, which was spread out
across the floor between the bed and the door. She was naked, and
as Landers watched her, he wished she’d cover herself. The backs
of her thighs were layered with cellulite, and her butt sagged and
jiggled. When she straightened to look at Landers, he decided she
had to be well into her forties. Landers liked younger women, much
younger women. Jesus, how much did he drink? He pulled the sheet
over his head and leaned back.
“You can dress downstairs, on your way out,” Landers said. He
was beginning to feel sick.
He heard her walking toward the bedroom door and pulled the
sheet back down so he could take one last look at her and remind
himself why he shouldn’t drink so much. As she opened the door,
she turned to face him.
“You’re a lousy lay,” she said, and then she was gone.
Lousy lay, my ass. Landers needed to take a shower. He threw
back the sheet, and there it was. The false eyelash, about an inch
from his thigh. It looked like a freaking centipede. Landers felt his
stomach heave. He made it to the bathroom just in time.
JULY 11
7:00 A.M.
A s Judge Green made his entrance and sat down beneath his
portrait, I glanced around the courtroom. The jury box was
once again filled with members of the media who’d been called by
Deacon Baker. I was edgy and tired. I’d spent most of Sunday night
troubled by Angel’s willingness to take this deal. I told myself that the
plea took nearly all the risk off the table, guaranteed her release from
custody, and spared her the ordeal of a trial. But I also knew that if
I’d been accused of a crime I hadn’t committed, nothing would
persuade me to stand up and accept a three-year sentence,
probation or no probation. Angel hadn’t needed much persuasion.
“I understand we have a plea in case number 35666, State of
Tennessee versus Angel Christian,” Judge Green said. “Bring the
defendant in.”
Angel appeared through the doorway to my right, and I smiled
at her as I walked to the podium. She looked away. I thought she’d
forgiven me for being so hard on her the day I questioned her about
Erlene, but maybe not.
“Let me see the forms,” Judge Green said.
I’d taken plea-agreement forms along with me when I explained
the deal to Angel, and she’d signed them. I now handed them to the
bailiff, who in turn handed them to Judge Green. The judge didn’t
allow lawyers to approach the bench to hand him forms or other
evidence. He insisted that everything be passed forward through the
bailiff, as though he was repulsed by the idea of having to deal
directly with a lowly lawyer.
Judge Green studied the documents for a few minutes. His
brow furrowed. When he was finished, he looked over at Frankie
Martin and Deacon Baker, both of whom were staring straight ahead.
“Would you care to explain this to me, Mr. Baker?”
“Explain what, Your Honor?”
“The state is reducing a first-degree murder charge to an
aggravated assault. You’re agreeing to probation. Did your victim
somehow miraculously come back to life?”
“No, Your Honor. He’s still dead.” The reporters laughed. I
thought about Junior Tester, and for a moment, I actually felt sorry for
him.
“Then why are you allowing this woman to plead as though the
victim were still alive?” Green said.
“I think it’s clear we have some problems with the case, Your
Honor. This is a compromise plea agreement. An important witness
has passed away. There are also some things that have come up in
the investigation, things I’m not at liberty to discuss at this time, that
convince me that this plea agreement is in everyone’s best
interests.”
“Why don’t you just dismiss the case?” Judge Green said. “You
can always refile it if another witness pops up or if your other
problems are resolved. There’s no statute of limitations on murder.”
“We think this is a better way to resolve it. Mr. Dillard’s client is
willing to enter a no contest plea to aggravated assault.”
“No, I’m not.” The soft voice came directly from my right.
Judge Green turned his attention toward me.
“Did your client say something, Mr. Dillard?”
“I think so.” I looked at Angel. “What did you say?”
“I don’t want to do this. I changed my mind.”
Baker stood. “But we had a deal—”
“Be quiet,” Judge Green said. “Mr. Dillard, what’s going on?”
“I’d be happy to explain it if I knew,” I said. “When I spoke to Ms.
Christian on Friday afternoon, she seemed pleased. She’s
apparently changed her mind.”
“You’re wasting my time,” the judge said. “I don’t like it when
people waste my time.”
“This is a complete surprise,” I said. “If you’ll give me a few
minutes to talk to her, maybe we can straighten this out.”
“Don’t bother,” Judge Green said.
“Your Honor,” Baker said, “Mr. Dillard and I reached a
compromise agreement that brings what I believe to be a fair and
satisfactory end to this very difficult case.”
“It sounds like Mr. Dillard’s client has other ideas.”
“But she signed the forms,” Deacon said. “She—”
“It’s not a contract, Mr. Baker. She can change her mind if she
wants to. Her plea has to be willing and voluntary, and she obviously
is no longer willing. I might have rejected it anyway, but it appears
she’s saved me the trouble. Looks like we’re going to trial after all,
gentlemen. Court’s in recess.”
Green was almost jaunty as he stepped off the bench. He had
to know that Deacon wouldn’t have made such a lousy deal if his
case was strong, and if Deacon’s case wasn’t strong, that meant he
might lose just before the election. If he lost the case, he’d probably
lose the election, and Judge Green would be rid of him.
I went back to the jury room and asked the bailiff to give Angel
and me some privacy. She sat down at the table and wouldn’t look at
me.
“What’s going on?” I said. “I thought you were happy with this.”
“I changed my mind,” she said.
“Have you talked to Erlene?” She didn’t answer. “I’ll take that as
a yes. So Erlene told you not to take this plea?”
“She thinks you’re going to win.”
“I appreciate the confidence, but you’re taking a big risk.”
“You will win, won’t you? I’m innocent. Promise me you’ll win.”
I didn’t say anything. I wished I could promise, but I’d been
through enough trials to know that I could never predict the outcome.
“We go to trial two weeks from today,” I said. “I’ll be ready. I’ll
come to the jail and we’ll go over everything again. Are you sure
about this?”
“Not really,” she said.
I had to admire her courage, even though I thought it might be a
bit on the reckless side. But what was more important was that I’d
heard the magic words again: I’m innocent. Once again, I believed
her.
JULY 14
11:45 A.M.
L anders quickly found out what Frankie Martin had meant when
he said he and Deacon would need Landers’s help if Dillard
didn’t accept the “offer he can’t refuse.” Less than an hour after the
plea bargain fell apart, Deacon had called Landers and asked him to
come down to the D.A.’s office. When Landers walked into Deacon’s
office and sat down, they told him they’d decided to go to Plan B,
which was to try to get Dillard’s sister to help them by snitching on
Angel.
“I thought of that a month ago,” Landers said. “I already took a
run at her. She turned me down, but I was planning to go back. Her
attitude might be different now that Judge Glass threw the book at
her.”
“Great minds think alike,” Baker said. He’d thought of
approaching Dillard’s sister as soon as he heard about the six-year
sentence. “Have they shipped her off to the penitentiary yet?”
“Nah. It’s so crowded they don’t have a bed for her yet. She’s
on a waiting list. The jail administrator told me she’d probably be
around another month or so.”
“I don’t like using jailhouse snitches, but in this case, it looks like
we don’t have much choice,” Baker said. “All the polls my people
have taken say the election is going to be close. I can’t afford to lose
this trial.”
“What if she won’t go for it?”
“She’ll go for it. We’ll offer to let her out as soon as the trial’s
over.”
“What about Judge Green? He’ll never agree.”
“Screw him. I’ll get Judge Glass to sign the agreement. He’s the
one who put her in jail, and he hates Dillard. He’d love the idea of
Dillard’s sister getting on the stand and frying one of Dillard’s clients.
He’ll probably come to court and watch.”
Landers smiled. “Not bad,” he said.
“I didn’t get elected to this position by being stupid.”
Landers thought of a couple wiseass responses to the
comment, but chose to keep his mouth shut. He rose to leave.
“Wait just a second, Phil,” Baker said. “There’s one more thing
we need to discuss.”
Baker didn’t come right out and say it, but over the next few
minutes, he made it clear to Landers that he didn’t care whether
Dillard’s sister told the truth in court or not. He said he needed “direct
testimony that Angel Christian confessed to Sarah Dillard that Angel
killed John Paul Tester.” Landers was authorized to offer Sarah a
get-out-of-jail-free card in return for her “truthful” testimony.
The more Landers thought about the idea of Dillard’s sister as
the star witness against Dillard’s client, the more he liked it. He
couldn’t wait to see the look on Dillard’s face when his sister stepped
up on the witness stand and helped the state convict Angel Christian
of murder. And Dillard would have to go after sis hard on cross-
examination. What a great show that would be.
Since Baker gave Landers the impression he wasn’t going to be
too particular about the truth, Landers figured he’d make the process
a little easier. Before they brought Dillard’s sister into the interview
room at the jail, he sat down and wrote out a statement, wording it in
the way Landers thought would help the most. If Sarah Dillard signed
the statement, Landers would leave her a copy and she could use
her time in the cell to memorize it. Then, when she took the witness
stand at the trial, all she’d have to do was repeat what she’d
memorized. It would be perfect.
Landers looked up and smiled when the guard brought Sarah
in. She nodded in return, a good sign. She looked pretty hot.
“I thought it might be you,” she said.
“I hear you’re about to be shipped off to the pen. Bet you’re
looking forward to that.”
“About as much as I’m looking forward to my next enema.”
“I heard what your brother did to you. It’s a cryin’ shame. I don’t
see how anybody could send their own flesh and blood to a place
like the women’s prison in Nashville. Doesn’t he know how bad it is
down there?”
“He doesn’t seem to care.”
“And how does that make you feel?”
“Pissed off.”
“Pissed off enough to help us?”
“What’s in it for me?”
“In exchange for your testimony, your sentence will be reduced
to time served, plus you get to make your brother look bad.”
She sat back and thought about it, but it didn’t take her long.
She took a deep breath and looked Landers in the eye.
“Tell me what you want me to do,” she said.
Landers slid the statement across the table, and she started to
read.
JULY 16
9:20 A.M.
Landers called Frankie Martin and told him he wouldn’t be around for
jury selection in the morning, but he didn’t tell him why. Landers
could tell from the tone of Martin’s voice that he was pissed off, but
Landers wasn’t about to tell Frankie or anyone else where he was
going. He’d been jerked around enough on the Angel Christian case.
If the girl on the phone was sending him on a wild-goose chase, he
was going to be the only one who knew about it.
Landers made the drive down I-181 from Johnson City to Unicoi
County in thirty minutes. It was already 78 degrees, and there was a
thick mist hanging over everything. It was going to be hotter than hell
and humid. He took the Temple Hill exit and turned onto Spivey
Mountain Road.
Two miles up the mountain, Landers came to an unmarked
gravel road, right where his source said it would be. He turned right
and followed the gravel road through a gulley and along a tree-
covered ridge. After a mile, he came to a cattle gate that was
secured by a padlock. He climbed the gate and followed the trail on
foot through a stand of white pine for another quarter mile. As he
broke into a clearing, Landers spotted the barn a hundred yards to
his right. So far, it looked like she was telling the truth.
Landers pulled his gun and walked slowly up to the barn. He
saw something move in the woods to his left and froze. Must have
been a deer. He peeked through the wooden slats until his eyes
adjusted to the semidarkness inside. Sure enough, there it was. A
vehicle covered by a tarp. The barn door was padlocked, so Landers
crawled in through an open window, walked over to the car, and lifted
the tarp. A Corvette. A beautiful, red Corvette. And he could make
out dark stains on the passenger seat. The mother lode. Finally.
Landers pulled a notepad from his pocket and wrote down the
vehicle identification number, climbed back through the window, and
jogged all the way back to his car. Sweat was pouring off him. As
soon as he got to a spot where he had a cell phone signal, he called
Bill Wright and told him what he’d found. Wright said he’d arrange for
two agents to secure the property. No one would go in or out until
Landers did what needed to be done. Wright also said he’d call the
forensics team. They’d be on the way soon.
Landers drove back down the mountain and straight to the tax
assessor’s office at the Unicoi County courthouse. They’d just
opened and there was no one there besides Landers. The woman
who worked there helped him find the property he’d just left on one
of the tax maps. From that, he learned that the taxes on the property
were paid by a corporation called Busty Gals, Inc.
Landers got back into his car and drove to the TBI office in
Johnson City. On the way, he called the Tennessee secretary of
state’s office in Nashville and asked them to fax him a copy of Busty
Gals, Inc.’s corporate charter. The incorporator was HighRide, Inc., a
Delaware corporation not registered to do business in Tennessee. A
phone call to the Delaware secretary of state’s office confirmed what
Landers suspected. Erlene Barlowe and her dead husband owned
HighRide, Inc., which meant they also owned Busty Gals, Inc.
Landers faxed the Corvette’s VIN number to the National Auto Theft
Bureau, an arm of the insurance industry that tracked nearly every
car in the country. The Corvette was also registered to HighRide, Inc.
That explained why Landers hadn’t been able to get a hit from the
Tennessee Department of Motor Vehicles.
Landers used all the information he’d gathered to draft an
affidavit for a search warrant for the barn. He didn’t mention the fact
that he’d trespassed onto the property on Spivey Mountain. The way
he drafted the warrant made it look as though he’d done some
excellent police work, which he figured he had. He found Judge
Glass in his office at 11:30, and the judge signed the warrant.
Landers was scheduled to testify in the Angel Christian case in
the afternoon, but depending on what forensics found in the barn, he
knew his testimony might have to change. He kept up with the radio
traffic, so he knew the forensics team hit the barn a little before 1:00.
He headed down to Jonesborough to talk to Deacon Baker.
JULY 24
9:00 A.M.
Iweek
found out Sarah was going to testify against Angel less than a
before the trial, when the district attorney faxed me an
amended witness list and a copy of my sister’s statement. I didn’t
believe a word of what I read. The statement had been taken by Phil
Landers.
I was confident as I sat in the courtroom on the second floor in
Jonesborough, but as always, I was a little nervous. The bailiff
announced the entrance of Judge Len Green. The case of the State
of Tennessee versus Angel Christian was about to go to trial.
Seventy-seven citizens from Washington County had been
summoned. From that group, we’d choose the jury that would
determine Angel’s fate. I’d spend a great deal of time talking to them
about being open-minded and neutral and the importance of a fair
trial, but I knew the goal of jury selection was to try to make sure the
trial was anything but fair. I needed to select people who were more
likely to be sympathetic to Angel than to the state. The key was to
talk to them as much as I could, accurately gauge their answers and
reactions, and then make the right decisions.
I’d never before represented a woman accused of murder, let
alone a woman who looked like Angel. Her beauty was both a
blessing and a curse and presented me with a fascinating dilemma
when it came to picking a jury. I knew Angel would be attractive to
the prospective male jurors, especially if I chose them carefully, and I
hoped the attraction would cause them to be sympathetic toward her
and want to help her. At the same time, there would be evidence
presented during the trial of the kind of mutilation any man would
fear. If the male jurors perceived at any time during the trial that
Angel might be capable of such an act, she’d be doomed.
The image Angel presented to the prospective female jurors
was an even trickier issue. The average female in Washington
County, Tennessee, was a God-fearing conservative. From the
mouth of Agent Landers, those conservative women would hear
testimony that Angel was a runaway and that she had worked, if only
for a short time, in a strip club. They’d hear that Angel Christian
probably wasn’t her real name and that Landers had been unable to
find background information on her. That alone could be enough to
cause many women to vote to convict her, but my bigger concern
was jealousy. If the female jurors perceived that Angel regarded
herself as beautiful, or that she was somehow attempting to take
advantage of her beauty to gain favor with the men, we wouldn’t
have a chance.
Caroline had chosen Angel’s wardrobe and makeup, and when I
saw my client walk into the courtroom early that morning, I was
grateful for my wife’s skill. The black pantsuit and cream-colored
blouse were conservative but classy, loose enough to hide the
curves but not frumpy. Angel’s shoes were black with low heels, and
her hair had been neatly tied back. Just a touch of eyeliner set off
her fantastic brown eyes. There was no lip gloss, no shading around
the eyes, no blush, and no jewelry. She looked like a scared,
beautiful college student. It was perfect.
I nodded and smiled at the group of prospective jurors when
Judge Green introduced me. I immediately scanned for Junior
Tester, but he wasn’t there. I introduced Angel and placed my hand
on her shoulder. I wanted the jury to know I wasn’t ashamed to touch
her, that I felt close to her, and that I believed in her. Angel nodded
her head and smiled, just as I’d told her to do.
I sat back down as Judge Green began the jury-selection
process. He reached into a stack of slips and randomly pulled out a
name.
“Lucille Benton,” he said.
A lady wearing a denim pantsuit rose from the middle of the
crowded audience.
“Here,” she said, raising her hand.
“Come on down.” Judge Green sounded like a game show host.
“Where are you from?”
“Limestone,” the woman said, walking toward the jury box.
“Ah, Limestone, wonderful little community. And how are things
in Limestone this morning, Ms. Benton?”
I cringed. I was sitting next to a woman who was on trial for
murder, and Judge Green was politicking as usual, pandering
shamelessly to the jurors. I scribbled notes while he instructed the
first thirteen to sit in the jury box and the next seven to sit on the
front row of the audience, just behind the bar. Finally, after a half
hour of worthless banter from the judge, I heard the words I’d been
waiting for.
“Mr. Martin, you may voir dire the jury.”
Frankie Martin rose, straightened his tie, and moved to the
podium. He was about to address a jury in a murder case for the first
time in his life, having spent the past four years handling
misdemeanor cases in general sessions court. But he was a
handsome, articulate young man and carried himself with
confidence. He was also fighting for his very survival in the
prosecutor’s office. The fact that Deacon Baker was not in the
courtroom could mean only one thing: he thought the case was a
loser. Martin was Baker’s sacrificial lamb. If Martin lost this trial, he’d
be hustling divorce cases next week.
I whispered into Angel’s ear: “I need you to watch the jurors
very carefully. If anyone on the jury makes you uncomfortable for any
reason, I want to know about it.”
She nodded. Caroline had obviously given her some perfume.
She smelled like a lilac bush.
Martin spent an hour on his initial voir dire. He was smooth and
courteous, and he failed to make some of the mistakes that rookie
lawyers tend to make at their first big trial. Judge Green didn’t get a
single opportunity to embarrass him.
When Martin finally sat down, I got into character. While he was
speaking, I’d used the time to memorize the jurors’ names. I smiled
and was meticulously polite to each of them. I thanked them for
performing such a valuable public service and told them if I asked a
question that made them the least bit uncomfortable, they could ask
the judge to allow them to answer the question in private. I
encouraged them to speak openly and honestly regarding their
feelings on a wide range of topics, and as they spoke, I watched
them closely, looking for any sign of discontent.
Despite Tom Short’s warning, a large part of my trial strategy
was to deflect attention away from Angel and to put Reverend Tester
on trial. If it was to succeed I needed jurors, preferably female jurors,
who held sincere religious beliefs and would be deeply offended by
the fact that the pastor had used donations from a church to fund a
night at a strip club. It was known in legal circles as the “sumbitch-
deserved-it” strategy, and under the right circumstances, it was
highly effective.
I also wanted at least four males on the jury, preferably fathers.
Angel had a way of engendering sympathy in men. I wanted them to
feel an instinct to protect her. I wanted them to hope, perhaps to
believe, that they could seek her out after the trial was over and let
her know it was their vote, or their influence, that had set her free.
After three hours of questions and answers, challenges and
arguments, Judge Green announced that a jury had been chosen.
There were five men and seven women. I hadn’t been able to get
every person I wanted on the jury because Frankie kept using his
challenges to kick them off, but I felt good about the group sitting in
the box.
The jurors were given buttons with their names on them, and
the judge swore them in. He instructed them on how they should
conduct themselves during the case, then looked up at the clock on
the back wall.
“It’s noon. I’m hungry. We’ll adjourn until one thirty for lunch.”
After the jury was out of sight, the bailiffs escorted Angel back to
the holding cell. Caroline had packed me a sandwich and some
chips, and I spent the lunch hour going over my opening statement.
At precisely 1:30, Judge Green walked back into the courtroom and
ordered the bailiffs to bring the jury in.
I stood as the jury filed in and took their seats. I smiled and tried
to catch the eye of each person passing the defense table.
“I trust you had a good lunch,” the judge said. “Is the state
ready?”
“Yes, sir.”
“Is the defense ready?”
“Yes, Judge.”
“Read the indictment, Mr. Martin.”
Martin stood and read the indictment that charged Angel
Christian with knowingly, intentionally, and with premeditation taking
the life of John Paul Tester. Count Two charged her with abusing the
corpse by mutilation.
“Opening statements,” the judge said.
Frankie Martin stood up. “Ladies and gentlemen, the evidence
in this case will show you that the defendant, Angel Christian,
brutally stabbed and mutilated John Paul Tester in the early morning
on April 12, 2006. Mr. Tester visited a club where the defendant
worked on that same evening. The defendant flirted with Mr. Tester,
she served him many drinks, and at approximately 11:30 p.m., Mr.
Tester withdrew two hundred dollars from an ATM machine in the
club lobby. The defendant left the establishment shortly after Mr.
Tester left. A witness will testify that she saw a woman accompany
Mr. Tester to his room around midnight. Mr. Tester was found at
approximately 1:00 p.m. that afternoon in his hotel room. He had
been drugged and stabbed nearly thirty times. His penis had been
sliced off and removed from the room. His wallet was gone. His
severed penis was found near Picken’s Bridge that same morning.”
Martin was calling Tester “Mister” instead of “Reverend.” I’d take
care of that soon enough.
“Among the evidence gathered during a forensic examination of
Mr. Tester’s hotel room were two hairs that were found on his
clothing. Both hairs were tested for DNA. A hair sample was later
obtained from the defendant. The DNA profile of the hairs found on
Mr. Tester’s body matches exactly the DNA profile of the hair sample
obtained from the defendant. The chances of those hairs belonging
to someone else are more than one hundred billion to one. You’ll
also see a photograph of the defendant taken by the police two days
after the murder. The photo shows a bruise on the defendant’s face,
and our contention is that she received the bruise during some kind
of altercation with Mr. Tester.
“But more importantly, we have a witness who will testify that
the defendant confessed to this brutal crime. Our witness is an
inmate at the Washington County Detention Center. Her name is
Sarah Dillard. Ironically, she’s Mr. Dillard’s sister. She will testify that
the defendant confessed during a conversation they had at the jail.
The defendant told Miss Dillard that on the night of the murder, the
defendant followed Mr. Tester back to his motel room with the
intention of robbing him. She’ll testify that the defendant told her that
she drugged Mr. Tester and killed him after he passed out on the
bed.
“I wish I had a videotape to show you, or an eyewitness, but
unfortunately, I don’t. What I do have is a web of circumstantial
evidence so tightly woven that the defendant cannot possibly
escape. Everything points to her. She was at the club. She spoke to
Mr. Tester. She served him drinks. She flirted with him. She invited
him to leave with her. She followed him to his room, and then she
drugged him, murdered him, and robbed him.”
Martin turned and pointed at Angel.
“Don’t let yourselves be fooled by that young woman’s beauty or
her youth. Don’t let yourselves be taken in by her attorney’s tricks or
the smoke and mirrors that will be placed before you during the
course of this trial. That young woman sitting over there committed a
vicious murder, and we have the evidence to prove it. It will be your
duty to render a verdict of guilty in this case, and to impose on her
the only sentence that will give justice to John Paul Tester and his
family, a sentence of death. This woman committed first-degree
murder. My job is to prove it. Yours is to make her pay the price. I
fully intend to hold up my end, and I hope that once you’ve heard all
the evidence, you’ll do the same. Thank you.”
Martin sat down at the prosecutor’s table, and I stood. Martin’s
argument had been passionate and persuasive, but parts of it were
dishonest, and I intended to point that out immediately. I walked to
the wooden lectern, picked it up, and set it down three feet to my
right. I didn’t want any barriers between the jurors and me. I glanced
at the jurors and then out over the courtroom. Junior Tester had
come in and was sitting on the front row, directly to my left. I noticed
that he’d put on at least twenty pounds since I’d visited him a couple
months ago. He hadn’t shaved in days and looked tired and
haggard. He was also staring directly at me. It unnerved me, but only
for a few seconds.
“Not much point in having a trial,” I said, “if you believe
everything Mr. Martin just said.” I smiled at the jury. “If everything he
said were true, I suppose we could just go ahead and ship Miss
Christian off to death row right now and save everybody all of this
trouble.”
I sought out eyes, looking for signs that Martin’s argument had
closed their minds. They weren’t avoiding me. They were still
receptive to what I had to say.
“But what Mr. Martin just told you isn’t true. It was his
interpretation of the evidence, and as every one of you knows, there
are two sides to every story. Now, first things first. This young lady’s
name is not ‘the defendant.’”
I walked over to the defense table and stood directly behind
Angel. I put my hands on her shoulders.
“Her name is Angel Christian, and she’s going to testify in this
case. What she will tell you is this:
“On the night of April the eleventh of this year, Reverend John
Paul Tester came into the club where she’d been a waitress for only
a month. It’s a strip club, a gentleman’s club, whatever you want to
call it. It’s a place where men go to watch young ladies dance and
take their clothes off. It’s not the kind of place where you’d expect to
find a man of God, especially if he’s paying for his night out with
money given to him by worshippers at the Church of the Light of
Jesus, where he’d preached a sermon on the evils of fornication less
than an hour before he arrived at the club.”
Diane Frye had managed to get hold of a tape recording of the
sermon Tester gave that night. I’d tried to get it introduced as
evidence, but the judge shot me down. I wasn’t even supposed to
mention it, but if Frankie didn’t object, I knew the judge wouldn’t say
a word. If he did object, he’d simply be calling more attention to it.
Mentioning the tape probably bordered on being unethical, but Angel
was on trial for her life. Frankie kept his mouth shut.
“Miss Christian wasn’t a dancer, not a stripper, and she certainly
wasn’t a prostitute. She was a waitress. She arrived here in February
after leaving a viciously abusive situation back home in Oklahoma.
She originally intended to go to Florida, but she met a young lady on
a bus in Dallas who told her she’d help Miss Christian find work here.
“Miss Christian will tell you that on the night of April the
eleventh, she served Reverend Tester the drinks he ordered—six
doubles, straight scotch, the equivalent of twelve drinks, in two
hours. She’ll tell you Reverend Tester became intoxicated and that
he was aggressive, even a little abusive, toward her. She’ll tell you
Reverend Tester used inappropriate language and that Reverend
Tester touched her inappropriately. She reported Reverend Tester’s
behavior to her employer, Ms. Erlene Barlowe, who will also testify in
this case.
“Ms. Barlowe spoke to Reverend Tester and eventually asked
the reverend to leave. Miss Christian had never seen or heard of
Reverend Tester prior to his coming to the club that night, and she
never saw him again after he walked out the door.”
I moved back toward the jury box and stood directly in front of
them.
“Now, despite what Mr. Martin said earlier, you won’t hear a
single witness tell you they saw Miss Christian anywhere near
Reverend Tester’s room that night. You won’t hear a single witness
tell you they saw Miss Christian leave the club at the same time
Reverend Tester left. As a matter of fact, Miss Christian’s employer,
Erlene Barlowe, will testify that Miss Christian finished out her shift
and Ms. Barlowe drove her home.
“You’ll hear evidence that two hairs found on the victim’s body
contained DNA that matches Miss Christian’s DNA. That is, by far,
the most compelling piece of evidence the state will present in this
case. I believe it’s safe to say that were it not for those two hairs, we
wouldn’t be here today. But what I’ll be asking you to pay particular
attention to is where those hairs were found. Both of them were lifted
off Reverend Tester’s shirt. Since there will be testimony that Miss
Christian had contact with Mr. Tester at the club, that she leaned
over and served him drinks, and that he deliberately and obnoxiously
rubbed himself against her, it’s not only possible but probable that
the hairs were transferred from Miss Christian to Reverend Tester at
the club.
“That, ladies and gentlemen, is all they have, with the exception
of a last-minute statement from a drug addict and thief they recruited
at the jail. She’s my sister, yes, and she’s furious with me because I
had her arrested when she stole from my family. It wasn’t the first
time she’d done it.”
Martin stood to object. Judge Green waved him back down.
“Tone it down, Mr. Dillard,” the judge said.
“They have no murder weapon. They have no eyewitnesses.
They have no fingerprints, no blood evidence, and no way to place
Miss Christian at the scene of the crime. They say the motive is
robbery, but they didn’t find any of Reverend Tester’s money on Miss
Christian. They have no evidence to prove it.
“In this case, the government must prove beyond a reasonable
doubt that Miss Christian, acting with premeditation, stabbed the
victim to death and then mutilated his body. In order for you to
convict Miss Christian, you must have virtually no doubt that she
committed this terrible crime. And beyond that, the judge will instruct
you that in a case based on circumstantial evidence such as this
one, you can find Miss Christian guilty only if there is no other
reasonable theory of guilt. There are dozens of other reasonable
theories as to how Reverend Tester was killed.
“When all the evidence is in, you folks will have more than a
reasonable doubt. As a matter of fact, you’ll probably be wondering
why this young lady was arrested in the first place. Angel Christian
has been living a nightmare since the day the state wrongfully
accused her of murder. It’s a nightmare only you can end. She is not
guilty. She did not do this terrible thing.”
I paused and looked at each of the jurors. I wanted the
message to sink in.
“Everyone associated with this trial is doing their duty,” I said.
“The judge, the lawyers, the witnesses, everyone. Your duty is to
determine the truth, and after you’ve done that, to vote your
conscience. In this case, the only verdict you’ll be able to return is
not guilty. This is a death-penalty case. A man has been killed, and
someone should pay for killing him. But none of us wants an
innocent person to pay, and that beautiful young woman sitting over
there is innocent.”
JULY 24
2:15 P.M.
When Angel came into the attorney’s room at the jail, I was surprised
to see her still wearing her clothes from court.
“The guards are searching my cell block,” she said. “I’m still in
holding. I guess they weren’t expecting me back so soon.”
“Strange day, huh?” I said.
“What’s going on?”
“It’s good and it’s bad. The TBI found a red Corvette in a barn
out in Unicoi County this morning. The barn belongs to Erlene, and
apparently so does the car.”
Angel gasped, and I watched her closely. Her face turned pink
and her bottom lip was trembling. She sat there, shaking and saying
nothing. I reached into my briefcase and brought out some tissue. I’d
been carrying it ever since that first visit at the jail. I handed some to
her just in case, reached across the table, and put my hand over
hers.
“Angel,” I said, “the district attorney now thinks Erlene killed
Reverend Tester. He wants to dismiss the case against you, but
there’s a catch. He wants you to tell him what you know about
Tester’s murder.”
A faraway look came into her eyes, as though she wasn’t really
taking in what I was saying.
“Angel? Did you understand me? He wants to dismiss the case
against you. They’re probably going to arrest Erlene for Reverend
Tester’s murder.”
“They can’t do that!” she burst out, then laid her head on the
table and started crying. I moved to the chair next to her, put my
hand on her shoulders, and began to rub.
“Take it easy,” I said. The door was two inches of steel and the
walls were concrete block, but her sobs were loud. I didn’t want the
guards coming in and asking questions. “Talk to me,” I said. “It’s all
right. Talk to me. Whatever it is that’s bothering you, you can tell me.
I’m on your side no matter what.”
She suddenly sat up, wiped her eyes, and became very still.
She looked at me pitifully.
“Can I trust you?” she said in a small voice.
“Of course you can. You know you can.”
“Can I really trust you?”
“I’ve been here for you all along. Whatever you tell me, I
promise I won’t tell a soul. I’ve already explained attorney-client
privilege to you.”
I could see her make the decision. And having made it, she sat
up straight and squared her shoulders, as if a great burden had been
lifted.
“I did it, Mr. Dillard. I killed him. I can’t let them blame Miss
Erlene.”
I’d mildly suspected it since the day I talked to Tom Short, but I
hadn’t wanted to believe it. Even now, even though the words had
passed her lips, I didn’t want to believe it. I took her hand, knowing
that if I continued, if I asked her about the details, everything about
our relationship, and my entire strategy if the trial continued, would
change.
“Think about what you’re saying,” I said. “We’re winning this
trial. If you tell me you killed him, it changes a lot of things.”
“You want to know the truth, don’t you?”
“I’m not sure.”
I looked at her smooth, young face, and my heart went out to
her. Something told me that if she’d killed Tester, the circumstances
might justify it.
“I’m sorry, Angel. Yes, I want to know the truth. What
happened?”
She bit her lip and shuddered.
“Can you tell me about it?
She nodded slowly.
“Okay, but I don’t want you to get hysterical. I don’t want anyone
else to hear, so you have to keep control of yourself. Can you do
that?”
“I think so.”
“Go ahead.”
She took a deep breath and squeezed my hand so hard that her
fingernails dug into my skin.
“Everything I told you before was the truth except for the last
part. Miss Erlene didn’t just ask him to leave when he got so drunk
and was bothering me and making a fool of himself. She asked me if
I’d help her with something. She said she wanted to teach the
preacher a lesson. She said all I’d have to do is ride with her to the
man’s hotel room and she’d take care of the rest. I told her I’d do it.”
“What happened next?”
“Miss Erlene went over to talk to him, and he went out into the
lobby for a couple minutes. When he came back, she told me to get
my coat. Miss Erlene went back into her office for a couple minutes,
and then we went out and got in her car. We followed him out of the
parking lot to the hotel. Along the way, she told me the man thought I
was coming to his room to have sex with him. Then she handed me
a small bottle of scotch. She told me when we got to the motel, I was
supposed to go into his room and offer him a drink first thing. Miss
Erlene said she put something in the scotch so when he drank it, it
would knock him out. As soon as he was passed out, I was
supposed to run back to the car and get her. I think she was planning
to take his money.”
“Something obviously went wrong,” I said.
She put a fist to her mouth and whispered, “Yes.” Her eyes
looked distant. It was the same expression I’d seen when she told
me about the oatmeal incident.
“We got to the motel and I got out of the car and went up the
steps with him. Miss Erlene waited in the parking lot. I walked into
the room and he closed the door behind me. I took the bottle of
scotch out of my purse and asked him if he’d like a drink. He took the
bottle out of my hand, set it on a table, and when he turned back
around, he said he didn’t bring me there to drink. He had this awful
look on his face, like he was possessed or something. Then, before I
knew what was happening, he hit me in the face. He hit me so hard it
knocked me onto the bed. It almost knocked me out.
“I remember him taking off all his clothes, then he pulled off my
panties. ...” She paused and took a deep breath. “He rolled me over
on my stomach and he put his thing in my, in my. ...” She pointed to
her bottom.
“He sodomized you?” I said.
“What?” She didn’t know what the word meant.
“Never mind. Can you keep going?”
“It was like it was happening to someone else,” she said. “Like I
floated to the ceiling, and I watched him do it from there. It was the
same thing that used to happen when Father Thomas did things to
me. I remember he was cursing and preaching at the same time,
calling me names, and then he took his thing out of me and went
over and grabbed the bottle of scotch and took a long drink. He
started to stagger and he sat down on the bed and took all his
clothes off. It was like he didn’t even know I was there anymore.
“There was a knife on the table. I guess it was his. I remember
watching myself walk over and pick it up. It was one of those folding
knives. He was already snoring. I opened the knife and walked back
to the bed and I just started stabbing him. I stabbed him until I
couldn’t stab him anymore, until I couldn’t lift the knife. And then I
think I just walked out the door. I didn’t even put my panties on.”
“Do you remember what Erlene did?”
“I think so,” she said. “I remember she came running up to me
on the stairs and she put her coat around me and took the knife out
of my hand. She put me in the car and asked me what happened,
and I tried to tell her. I saw her go back up to the room, but I don’t
know what she did in there. She took me home and took me into the
backyard and washed all the blood off me with a hose. She said she
didn’t want any blood in her shower. Then she took me inside and
said she had to leave for a little while. She was gone for a long time.”
“Did you and Erlene talk about it afterwards?”
“Not much,” she said. “She just told me she was sorry about
everything but at least he wouldn’t ever hurt another girl, and she
told me never to mention what happened—any of it—to anybody.
Then when the police started coming around, she told me not to talk
to them. She told everyone that worked at the club not to talk to
them. When they came to arrest me, she told me to tell them I
wanted a lawyer.”
“You didn’t mention cutting off his penis, Angel. Do you
remember doing that?”
“I didn’t do it,” she said.
“Are you sure?”
“I didn’t do it. I’d tell you if I did.”
I believed her.
“Telling me what happened was the right thing to do,” I said.
“Am I going to have to stay in jail for the rest of my life?”
“I doubt it. This changes a few things, but it doesn’t change the
fact that they don’t have much of a case against you.”
“What about your sister? I never even talked to her.”
“That’s what I thought,” I said. “You have to trust me. I’ll figure
something out. I just need a little time to think.”
After the guards took her away, I sat at the table alone, unable to get
up and walk out. The door buzzed twice, but I just sat there. I
couldn’t move.
In my mind, I kept seeing a beautiful, fragile young girl, naively
walking up the steps in the rain to a motel room. She’s accompanied
by a man more than twice her size, twice her age. She closes the
door and offers the man a drink from a bottle. He takes the bottle
from her hand, sets it down, and punches her viciously in the side of
the face. She sees a bright light and falls backwards onto the bed,
dazed by the blow. The giant hovers over her, his drunken breathing
foul and labored. He grabs the girl and rolls her like a rag doll. He’s
muttering, alternately calling her a slut and praising God for the
opportunity to exact some righteous vengeance on a lowly whore.
I hear Sarah’s voice. “Get him off me, Joey. He’s hurting me. ...”
When I was finally able to move, I pushed the button, waited for the
door to buzz, and made my way slowly down the maze of hallways
and steel gates. What Angel had described to me was voluntary
manslaughter, at worst. A Class C felony, maximum sentence of six
years. But I couldn’t bring myself to recommend to her that we go to
the district attorney and tell him what had happened. I couldn’t see
her spending time in prison for retaliating against a man who had
violated her in the most shameful of ways.
As far as I was concerned, the hypocrite got what he deserved.
JULY 24
6:05 P.M.
Iconfession
drove straight home from the jail with Sarah’s voice and Angel’s
alternately ringing in my ears. As soon as I got out of my
truck, Rio peed on me, and instead of laughing or gently pushing him
away like always, I drew my foot back to kick the crap out of him. I
caught myself, but barely. For some reason, the thought of the dog
pissing on me right then made me mad enough to want to hurt him. I
swore at him and stepped over him as he cowered in the driveway.
I walked into the kitchen. Caroline was standing over the stove.
I could smell broccoli. I hate broccoli.
“Hi, honey,” she said. “I heard they continued the trial. What’s
going on?”
“I’m going to wring that dog’s neck.”
“I guess it isn’t good.”
“I’m sick of him pissing all over me. I’m sick of everybody
pissing all over me.”
“What’s going on, Joe?”
“Nothing.” I marched through the kitchen and into the bedroom
to change my clothes. I could feel pressure, a lot of pressure, at
each of my temples, and my field of vision was narrowing. I felt a
hand on my shoulder, a touch that usually comforted me. It didn’t.
“What’s wrong, Joe? Talk to me.”
“It would probably be best if you’d just leave me alone right
now.”
“Leave you alone? Why? What have I done?”
“Nothing,” I said. “That’s part of the problem.”
I’d spent part of the drive home working up a healthy anger
toward Caroline. I had to provide for her, which meant I had to keep
working. But I was sick of busting my butt for people who neither
deserved it nor appreciated it, sick of people using me and lying to
me, sick of worrying about whether what I was doing was right or
wrong. I was sick of everything.
“I’m not the bad guy, baby. I love you, remember?” she said.
“A lot of good it does.”
“You’ve been under a lot of strain. How about a hot bath?”
“I don’t want to take a bath. Now why don’t you do what I asked
you to do and leave me the hell alone?”
“How dare you talk to me like that!” Caroline said. “I know you
hate your job. I know you hate yourself sometimes, but that doesn’t
mean you get to take it out on me. I haven’t done a thing other than
love you and try to help you through a difficult time, and I’m not going
to stand here and listen to you degrade me. I’m not your whipping
girl, Joe!”
All I could feel was the pressure in my head. I was losing it. I
pushed past her and walked back into the kitchen.
“What are you doing?” She was right behind me. I headed for
the door. “Where are you going?”
“Out,” I said. “I’m going out.”
And that’s what I did. I drove to a bar in Johnson City called
Fritter’s. I sat alone at the bar and drank vodka for a while. Then I
asked for a shot of Jägermeister. Then another. I was there for
hours.
It was raining when I left the bar, but I didn’t care. I’d convinced
myself that I had somewhere I needed to go. I drove across town,
holding a hand over my right eye to keep from seeing double. I
pulled through the gate at the Veterans Administration campus. I
turned into the cemetery toward the long rows of white grave
markers and made my way slowly, drunkenly, to the section where
my father was buried. I got out of the car and stumbled through the
rain until I found him.
Then I lay down on his grave and passed out.
J erry Byrd found me out there in the rain. Jerry was a V.A. cop
and army veteran I’d known for fifteen years. His wife had gone
to my high school, and his son had played ball with Jack. We had a
good deal in common, and we’d had some good times together over
the years.
When Jerry woke me up, I had absolutely no idea where I was
or how I got there. It was pouring rain and my teeth were chattering.
He helped me to my feet and took me by the arm.
“Joe, what in the hell are you doing out here?”
“No clue.”
Jerry used his cell phone to call Caroline. He told her where I
was and we could pick up my truck the next day. Then he drove me
home.
“What’s going on?” Caroline said after Jerry had left. I’d
managed to down two cups of black coffee strong enough to make
my tongue curl. I could tell she’d been crying, but I hoped she
wouldn’t start up again. I felt bad enough as it was. “I’ve been
worried sick about you.”
“I’m sorry,” I said. “I had a little meltdown.”
I’d always kept Caroline at least a stone’s throw from the worst
of my work and my past. It was ugly and frightening, and Caroline
was beautiful and kind. I was afraid I’d somehow contaminate her if I
told her the truth, but more than that, I was afraid she might begin to
think of me as weak and flawed.
“Talk to me,” she said. “Please.”
“You don’t want me to. Believe me, you’re better off if I keep it to
myself.”
“Joe, do you really think anything you tell me would make me
love you any less?”
There was a long silence. She poured more coffee. I sat there
sipping it slowly, trying to decide whether I wanted to tell my wife that
for all these years, despite all the macho bravado, she’d really been
married to a scared little boy trying to prove to himself he wasn’t a
coward.
“I don’t think I can tell you,” I said.
“Does it have anything to do with this case?”
“That’s part of it. It looks like they’re going to arrest Erlene
Barlowe for Tester’s murder.” I was grateful for the opportunity to
move the topic of conversation away from me.
“Do you think she killed Tester?”
“I know she didn’t kill Tester.”
“How do you know?”
“I just know.”
“How?”
I looked at her, deadpan. I couldn’t tell her, but Caroline was an
intelligent woman. I saw the look come over her face. She got it.
“Angel told you she killed him?”
I nodded.
“And now you’re trying to decide what to do?”
“I’m just trying to survive right now. You know I’m going to have
to go after Sarah on the witness stand if the trial starts back up. I
can’t tell you how much I dread it.”
“Why is she doing this, Joe? What’s wrong with her?”
“Do you really want to know? It’s not something you’re going to
enjoy hearing about.”
“Of course I want to know. I think I’ve earned the right.”
She had. She’d earned the right to hear about all of it. I looked
at her and thought about Ma, about the regret I’d felt because she
wouldn’t let me into her heart and about the emptiness I felt because
I’d never let her into mine. I thought about the nightmares, the
anxiety, the depression, the nagging feeling that I was a pathetic
coward. I looked at Caroline, saw the longing in her eyes, and knew I
couldn’t shut my wife out any longer. I couldn’t be like my mother. It
was time. It was time to open up.
I told Caroline about what Tester had done to Angel and what
Uncle Raymond had done to Sarah. When she heard what had
happened to Sarah, Caroline scooted next to me and held me in her
arms. As I felt her breath against my skin and smelled her familiar
smell, I suddenly didn’t care whether she thought I was weak
because at that moment, I was. I needed to lean on the only person
I’d ever really trusted. For the first time in my life, I gave myself
completely. There were moments I cried so hard I couldn’t breathe. I
was ashamed and reluctant at first, but once I started, I couldn’t stop.
After twenty years, I finally let Caroline all the way in.
I talked about the frustration of being raised without a father. I
told her about the brutal things I’d done and seen in Grenada. I told
her about Billy Dockery. I told her about Maynard Bush and Bonnie
Tate and how I felt the day the Bowers twins died in the sunshine. I
told her how I felt about my mother. I talked deep into the morning.
I’d never experienced anything like it, but when it was over, I
understood the power of confession.
“Do you know something?” Caroline said when I was finally too
exhausted to talk anymore. She put her hands on my shoulders and
looked me in the eye.
“If I was on trial, if I was in the same situation as Angel, there’s
nobody in this world I’d rather have on my side than you. Do you
know why?”
“I’m sorry for the things I said when I came home earlier. I feel
like a jackass. And I’m sorry—”
“Hush. Do you know why there’s nobody in this world I’d rather
have on my side than you?”
“No. Why?”
“Because you’re a good man, Joe. It’s as simple as that. That’s
why I married you and why I’ve loved you for all these years. That’s
why your children adore you. It’s why you’ve stuck by Sarah all this
time and why you went up there and sat with your mother. It’s why
you’ve spent your life trying to help people. I hope you’re always just
like you are now.”
Her words humbled me. I didn’t know what to say.
“When did Angel tell you what really happened?” she said.
“Not long before I came home.”
“That’s what I thought. That’s what set this off. It put you back in
that house with your sister. When you add it to everything else that’s
been going on with you lately, it isn’t surprising. I’m just glad you
didn’t hurt yourself.”
So was I.
“You’re going to get through this,” Caroline said. “You’re a
survivor. You’re the strongest man I’ve ever met.”
Caroline got up and walked over to the door that led to the
garage. She opened it.
“And here’s someone else that loves you,” she said.
Rio trotted into the room, saw me, and stopped dead in his
tracks.
“Come here, big boy,” I said. His ears perked and his tail began
to wag. “Come over here and take a leak on my shoe.”
JULY 25
11:00 A.M.
F or the first time in what seemed like forever, I slept well. There
were no ambushes in the jungle to haunt me, no rapes or
murders or flashes of dead children in the jungle, no raging rivers or
deadly waterfalls.
I woke to the smell of coffee brewing and the sound of rain
tapping steadily on the roof. I walked into the kitchen and looked
outside. The sky was low and slate gray. A thin mist hung above the
lake, and I knew it would be a long day of summer rain, the kind of
rain that seems to cleanse the whole world.
Caroline was in the kitchen, wearing only a sports bra and a
pair of biker shorts. When she hugged me, I lifted her off the floor
and carried her to the bedroom. A half hour later, we were lying in
bed, pleasantly exhausted.
“What are you going to do today?” she said.
“Think,” I said. “I have to figure out what to do about Angel.”
“What are your options?”
“The first one would be to go to Deacon and tell him we’ve
reconsidered and we want to make a deal. But as soon as I do that,
he’ll know she killed Tester and he’ll go hard-ass on me. He’ll offer
twenty years. The second option is to go back to trial on Monday and
put Angel on the witness stand. If she tells the truth, I can argue self-
defense or voluntary manslaughter because he sodomized her.”
“What’s the worst case if you go that way?”
“Worst case is they don’t believe her and find her guilty of first-
degree murder. That means life. I don’t think there’s any way she
gets the death penalty under these circumstances. They could find
her guilty of second-degree murder. That would mean a minimum of
fifteen years. If they go with voluntary manslaughter, she’d be eligible
for probation, but I doubt if Judge Green would grant it.
“The problem I have with putting her on the stand now is that I
can’t get any medical testimony in. Tom Short would have helped us
out if she’d told me about this on the front end, but there’s no way
Judge Green will let me use medical testimony this late. The
prosecution has the right to have her examined by their own shrink,
and they’re entitled to all Tom Short’s reports. I didn’t give them
anything because I didn’t intend to use him.”
“What are the other options?”
“She might get on the stand and tell them she didn’t do it. If she
does that, I have to decide whether to tank her. The rules say that if
she gets on a witness stand and lies, and I know she’s lying, I can’t
question her and can’t present a closing argument on her behalf.
The jury will figure that out pretty quickly. If she lies and I don’t tank
her, then I’m suborning perjury and I could wind up in jail.”
“You can’t do that,” Caroline said.
“I can’t and I won’t. But I swear I think I’d do it if I knew I’d get
away with it. The guy sodomized her. Punched her in the head,
nearly knocked her out, then rolled her over and screwed her up the
butt. A man of God. I don’t feel the least bit of sympathy for him.
None. She should walk on this, Caroline. She should walk right out
the door.”
“I guess we both know where that comes from. Finally.”
“I should have told you about Sarah a long time ago,” I said.
“I’m sorry. I was ashamed.”
“It’s out in the open now, and I don’t think any less of you.”
I kissed her on the forehead. She had no idea how much that
meant to me.
“This is so unfair,” I said. “The right thing would be for her to go
home. Erlene set up the whole situation. She apparently intended to
rob the preacher. It wasn’t Angel’s fault. She didn’t even have a
weapon with her. She killed him with his own knife.”
“She didn’t have to kill him,” Caroline said.
“Yeah? What would you have done if a drunken redneck
punched you and sodomized you?”
“I’d have killed him and cut his dick off.”
“Exactly. There’s really only one other thing I can do. I can try to
fix things with Sarah. If I can get her to talk to me, I think I can make
this turn out all right.”
“What would you say to her?”
“I’m not sure. Do you know that she and I never talked about it
after it happened? I guess we were both so scared and humiliated
we didn’t want to go near it. I really think it’s the reason she’s
struggled all her life.”
I sat up on the side of the bed and took a deep breath.
“I’m going,” I said. “I’m going down to the jail. They can’t keep
me from talking to her. The worst thing that can happen is she’ll tell
me to go to hell and things will stay the same.”
“Are you going to try to talk to her about the rape?”
“I have to. I have to tell her I’m sorry.”
“It wasn’t your fault, Joe.”
“I know that now, but I still feel like I should apologize to her. I’ve
handled this almost as badly as she has, and I wasn’t the one who
was raped.”
“Don’t expect too much,” Caroline said.
I got dressed and gulped down a cup of coffee.
“Joe?” Caroline said as I was about to walk out.
“Yeah.”
“Make sure you tell her you love her.”
JULY 25
NOON
J ail inmates hate a lot of things. They hate the guards, they hate
the food, they hate the tedium. But there are two things they
hate most of all. One is a child molester, the other is a snitch.
The administration had moved Sarah to the jail’s protective
custody unit in case the word got out that she was snitching on
Angel. Protective custody is just like maximum security. The inmates
held there are completely isolated. It’s an unrelenting, punitive,
miserable existence.
Lawyers who want to see inmates being held in protective
custody have to go to them. The guards won’t bring the protective
custody inmates out to the attorneys’ interview room because it
would mean they would encounter other inmates along the way. It
took me almost an hour of wrangling to get in to see Sarah. The
guards knew she was a witness against my client, and they didn’t
want me talking to her. But as an attorney, I had as much right to
interview witnesses as the police, even star witnesses, and I wasn’t
going to let them keep me out. They tried to get Deacon Baker on
the phone but were told he was “unavailable.” Frankie Martin had
taken the day off and was fishing somewhere. Finally, after I
threatened to haul every one of them in front of the nearest judge,
they relented.
The guard who unlocked the door to Sarah’s cell walked in and
announced that she didn’t have to speak to me if she didn’t want to.
True to form, she told him to go screw himself.
He closed the door, and I heard him walk down the hall. The cell
was tiny, only eight feet square, and solid gray. It contained a
stainless steel platform covered by a thin mattress, a stainless steel
sink, and a stainless steel toilet. That was it. There was no television,
no radio, no writing or reading materials, absolutely nothing to
distract or otherwise occupy the mind. Sarah, barefoot and clad in
her wrinkled orange jumpsuit, was sitting on the floor in the corner
beyond the sink with her knees drawn up to her chin.
“So this is the way they treat their star witness in a murder
case,” I said. “I wonder where they’d put you if they didn’t like you.”
She buried her face in her hands, and I moved toward her. I got
down on my knees and put my hands on her forearms. To my
surprise, she didn’t flinch or draw back.
“You don’t have to say a word if you don’t want to,” I said softly,
“but I realized something last night and I want to talk to you. I want to
tell you I’m sorry.”
I felt tears gathering in my eyes and fought for control. I didn’t
know why, but even in my efforts to peel back the curtains and take
an honest look at what had happened between us, I felt the need to
maintain my stoic image.
“I’m sorry I let you down, Sarah. I’m sorry I didn’t stop him. I’m
sorry I didn’t protect you. I should have killed the bastard.”
As with Caroline the night before, getting it out brought down
my defenses and tears began to run down my cheeks.
“Please, Sarah. I was so young. I didn’t know what to do.
Please forgive me.”
She too began to cry, and I scooted closer to her and put my
hands on her shoulders.
“If I could, I’d take you back there right now and get you out of
that room, but we both know I can’t. All I can do is tell you I’m sorry
and I love you. I’ve always loved you, Sarah. I always will.”
“You were too little, Joey,” she said in a choked voice. “We were
both too little.”
She lifted her head and wrapped her arms around my neck. It
was a surreal moment, a moment of desperation and honesty and,
ultimately, what I hoped was love. I couldn’t remember the last time
I’d hugged Sarah, and I found myself content to kneel on that
concrete floor and feel her breathing against my neck. We said
nothing for several minutes, both embarrassed by the rare show of
affection.
Finally, she spoke again.
“You’re breaking my neck, Joey.”
“Oh, God, I’m sorry.” I sometimes forgot about my size. I let go
of her and scooted back. “I have to get up. This concrete is killing my
knees.”
I sat on the edge of her bunk and she sat with me. We talked for
an hour. The conversation was slow and stilted at first, but before
long she was telling me how tormented she’d been, how the drugs
seemed to be the only thing that gave her any relief, if only for a
short time. We talked about growing up fatherless, and about Ma
and how deeply troubled she was. We eventually got around to the
future, the immediate future, and what it held for Sarah.
“So what’s your agreement with the district attorney’s office?” I
said.
She looked at me warily. “Is that why you really came down
here?”
“Please don’t say that. You know why I came down here. But it’s
something we’re going to have to deal with.”
“I’ve agreed to testify truthfully in exchange for immediate
release and probation on my sentence.”
“Do you have it in writing?”
“Of course I do.” She reached under the mattress and pulled out
an envelope. Inside was an agreement signed by Sarah, Deacon
Baker, and Judge Glass. Sarah was obligated to provide “truthful
testimony” in court in the case of the State vs. Angel Christian, and
upon her having provided that testimony, she was to be released
immediately.
“What’s your truthful testimony going to be?” I said.
She gave me a mischievous grin I hadn’t seen in thirty years.
“Will you make sure I get my deal?” she said.
“You bet your ass.”
JULY 31
2:00 P.M.
www.scottprattfiction.com
ALSO BY SCOTT PRATT
In Good Faith (Joe Dillard #2)
Injustice for All (Joe Dillard #3)
Reasonable Fear (Joe Dillard #4)
Conflict of Interest (Joe Dillard #5)
Blood Money (Joe Dillard #6)
A Crime of Passion (Joe Dillard #7)
Judgment Cometh (And That Right Soon) (Joe Dillard #8)
Due Process (Joe Dillard #9)
Justice Redeemed (Darren Street #1)
Justice Burning (Darren Street #2)
Justice Lost (Darren Street #3)
River on Fire
IN GOOD FAITH
By
SCOTT PRATT
This book, along with every book I’ve written and every book I’ll
write, is dedicated to my darling Kristy, to her unconquerable spirit
and to her inspirational courage. I loved her before I was born and I’ll
love her after I’m long gone.
PART I
WEDNESDAY, AUG. 27
E ight men and four women. A dozen citizens, filing slowly past
the defense and prosecution tables beneath the stern scrutiny
of a white-haired judge. All wore the dazed look of people who’ve
been forced to sit for days in a place they’ve never been, listen to the
words of men and women they’ve never seen, and pass judgment on
a fellow human being.
The gallery was sadly bereft of spectators. Misty Bell, a young
female newspaper reporter with short chestnut hair and curious
hazel eyes, sat dutifully holding her notebook in the front row to my
left. Two seats to her right sat the victim’s son, an overweight, sad-
looking man in his sixties with sagging jowls and receding gray hair
that curled around his ears like smoke from a smoldering cotton ball.
Aside from those two and me—I was sitting in the center of the back
row—the gallery was empty.
The defendant, a wiry man named Billy Dockery, stood next to
his lawyer at the defense table as the jury filed past. Dockery was
gangly and in his mid-thirties. His dark hair snaked past his
shoulders, framing a flat face that had maintained a perpetual smirk
throughout the two-day trial. He wore civilized clothing—a dark gray
suit, white shirt, and a navy blue tie—but I knew he was anything but
civilized. Beneath the veneer was a cruel and dangerous sociopath.
His lawyer was James T. Beaumont III, a longtime practitioner
of criminal defense whom I’d known casually for many years.
Beaumont was in his late fifties and was somewhat of a celebrity in
northeast Tennessee. He favored fringed buckskin jackets and string
ties and wore a beige cowboy hat outside the courtroom. A long,
light-brown mustache and goatee, heavily specked with gray,
covered his upper lip and chin. With his longish hair, clear blue eyes,
and a deep drawl, he reminded me very much of Wild Bill Hickok—at
least the way they portrayed him in the movies.
“Call your witness,” sixty-year-old Judge Leonard Green said.
Beaumont nodded and stood. “The defense calls Billy Dockery.”
Dockery got up, ambled to the witness stand, and took the oath,
the smirk still on his face. I’d seen the proof in the case and knew
Dockery should exercise his Fifth Amendment right to keep his
mouth shut. He’d be a terrible witness. But I also knew that Dockery
enjoyed the spotlight almost as much as he enjoyed thumbing his
nose at the prosecution and torturing defenseless, elderly women.
After a few preliminary questions, Beaumont got to the point.
“Mr. Dockery, I’ll ask you this question on the front end. Did you
kill Cora Wilson in the early morning hours of November
seventeenth?”
Dockery leaned closer to the microphone.
“No sir, I did not. I did not have anything to do with her death. I
was not nowhere near her place that night. I ain’t never hurt nobody
and I ain’t never going to.”
The sound of his voice made me cringe. Five years earlier,
Dockery had been charged with murdering another elderly woman
during a break-in at her home. His mother hired me to represent him,
and after a trial, the jury found him not guilty and set him free. The
next day, Dockery walked into my office and drunkenly confessed to
me that he’d murdered the woman. He offered me a five-thousand-
dollar cash bonus, money he said he’d stolen during the break-in. I
threw him out of the office, along with his filthy money, but since
double jeopardy prevented them from trying him again and since the
rules of professional responsibility forbade me from telling anyone, I
couldn’t do a thing about the confession. When I read in the
newspaper that he was about to go on trial for killing another woman,
I wanted to be there to see his face when they sent him to the
penitentiary for the rest of his life.
“Did you know the victim?” Jim Beaumont said from the podium
in front of the witness stand.
“Yessir. I done yard work for her sometimes and I painted her
house last year.”
“Ever have any problems with her?”
“No sir. Not nary a one. Me and her got along like two peas in a
pod.”
“Where were you that night, Mr. Dockery?”
“I was campin’ on the Nolichuckey River more’n two miles from
her house.”
“In November?”
“Yessir. My mamma’s got a cabin down there. It’s got a fireplace
and all. I go there a lot.”
“Anyone with you?”
“No sir. I was all by my lonesome.”
“Thank you, Mr. Dockery. Please answer the prosecutor’s
questions.”
It was the shortest direct examination of a criminal defendant I’d
ever seen, and it was smart. Up to that point, the prosecution had
been able to establish only that Billy Dockery had done landscaping
work for eighty-six-year-old Cora Wilson. They established that
Dockery had camped along the Nolichuckey River about two miles
from Ms. Wilson’s home the night she was beaten and tortured to
death, a fact the defense did not dispute. They established that a
length of nylon rope found around Ms. Wilson’s neck was the same
kind of rope found in the back of Billy Dockery’s truck. The
prosecutor’s expert witness could not go so far as to say the rope
was an exact match, only that it was made of the same material, of
the same weave and circumference, and manufactured by the same
company. Unfortunately for the prosecution, the defense
subpoenaed an executive from the company that made the rope,
and he testified that more than fifty thousand feet of that very same
rope had been sold within a twenty-five-mile radius of the courthouse
in the past five years.
The prosecution’s star witness in the case, a seventeen-year-
old named Tommy Treadway, had initially confessed to breaking into
the house with Dockery that night but refused to sign a statement.
Treadway told the police that he left when Dockery began to torture
Ms. Wilson. But Treadway was released on bond after he agreed to
testify against Dockery and wound up driving his car off the side of a
mountain in Carter County a month before the trial. His death was
ruled an accident.
The state’s only other witness—besides the routine information
given by the cops and the medical examiner—was a degenerate
drunkard named Timmons who said he’d overheard Billy Dockery
say that Cora Wilson kept cash in her house and that he “might go
get it some night.” Beaumont had already destroyed the witness on
cross-examination, forcing him to admit that his two primary activities
as an adult had been drinking whiskey and stealing other people’s
identities so that he could afford to drink more whiskey.
Now the assistant district attorney had his shot at the
defendant. It was usually a prosecutor’s dream, but Assistant District
Attorney Alexander Dunn had been aloof and distracted. His case
was so weak he should have dismissed it and waited to see whether
any more evidence could be developed, but his ego—or his boss—
had apparently driven him to trial.
Dunn, in his early thirties, was wearing a tailor-fitted brown suit
over a beige shirt. A kerchief rose from the pocket of his jacket, and
expensive Italian loafers covered his feet. He stood before Dockery
and straightened his silk tie.
“Isn’t it true, Mr. Dockery, that you and another individual broke
into the victim’s home around 2:00 a.m. on the morning of November
seventeenth?”
“No.”
It was an inauspicious beginning, to say the least, and I sank
deeper into my seat. Dunn had been ordered by the judge not to
mention the dead witness, and the jury was sure to wonder why, if
there was a co-defendant, he wasn’t on trial at the same time or
testifying for the state.
“And isn’t it true, Mr. Dockery, that you beat and tortured the
victim in an effort to force her to tell you where her cash was
hidden?”
“No, it ain’t true, and you ain’t got no fingerprints, no blood, no
hair, no witnesses, no nothin’ to prove I was there.”
“But you did tell Mr. Timmons that the victim kept cash in her
home and that you intended to steal it, didn’t you?”
“I never said no such thing. Timmons ain’t nothing but a drunk
and a liar. He was probably just looking for some reward money so
he could buy whiskey.”
“And you’re a model citizen, aren’t you, Mr. Dockery? I’ll bet you
don’t even drink.”
Dockery’s eyes flashed with righteous indignation. He leaned
forward and put his hands on the rail in front of him.
“Yeah, I may drink a little, but I’ll tell you what I don’t do. I don’t
parade around in a fancy suit and put people on trial for murder
when I ain’t got no proof.”
“I object, Your Honor,” Dunn said. “The witness is being
argumentative.”
“Sustained. Don’t argue with him, Mr. Dockery,” Judge Green
said. “Just answer the questions.”
“Isn’t it true, Mr. Dockery,” Alexander continued, “that you took
thousands of dollars in cash from the victim’s home the night you
murdered her?”
“If I did, then where is it? Y’all tore my mamma’s place, her
cabin, our barn, and every vehicle we own apart looking for money
and didn’t find a thing. And you know why you didn’t find nothing?
Cause I didn’t do nothing.”
Alexander Dunn’s cross-examination ended shortly thereafter. It
was a monumental disaster. Jim Beaumont rested his case and
Judge Green read the instructions to the jury.
The judge was long rumored in the legal community to be a
closet homosexual, and he lorded over his courtroom like an English
nobleman. Before I stopped practicing law, I’d appeared before
Green hundreds of times, and although I hadn’t laid eyes on him in a
year, each grandiose gesture he made, each perfectly formed
syllable he spoke, reminded me of his pomposity. During lulls in the
trial, I found myself imagining him prancing around the room in a
white periwig, pink tutu and tights, leaping through the air like a
fabulously gay ballet dancer.
As soon as Green finished, the jury retired to deliberate. I
thought I’d be in for a long wait, but in less than thirty minutes, I saw
the bailiffs and clerks bustling around, a sure sign the jurors had
made their decision. Five minutes later, they filed back into the
courtroom. Green turned his palm upward and raised his right hand
as though he were a symphony conductor coaxing a crescendo from
the woodwinds. The foreman rose, an uncertain look on his
weathered face.
“I understand you’ve reached a verdict,” the judge said.
“We have, Your Honor.”
“Pass it to the bailiff.”
A uniformed deputy crossed the courtroom to the jury box, took
the folded piece of paper from the foreman’s hand, and delivered it
to Judge Green. The judge dramatically unfolded the paper, looked
at it with raised brows, refolded it, and handed it to the bailiff. The
bailiff then walked the form back across the room to the foreman.
“Mr. Foreman,” the judge said, “on the first count of the
indictment, premeditated first-degree murder, how does the jury
find?”
“We find the defendant not guilty.”
“On the second count of the indictment, felony murder, how
does the jury find?”
“We find the defendant not guilty.”
“On the third count of the indictment, aggravated kidnapping,
how does the jury find?”
“We find the defendant not guilty.”
“On the fourth count of the indictment, aggravated burglary, how
does the jury find?”
“We find the defendant not guilty.”
“On the fifth count of the indictment, felony theft, how does the
jury find?”
“We find the defendant not guilty.”
I watched Dockery pat his lawyer on the back and walk out the
door arm-in-arm with his mother.
He’d gotten away with it—again.
WEDNESDAY, AUG. 27
IAlexander
fumed all the way home, muttering to myself about what an idiot
Dunn had been. When I pulled into the driveway, the
garage door was open. Caroline, my wife, must have forgotten to
close it again. I parked my truck in the driveway and walked inside.
As soon as I opened the door, I heard the sound of hard nails
skidding across the wood floor. Rio, my German shepherd, came
barreling around the counter, headed straight for me. I was carrying
a bottle of water in my hand, and when he jumped up to greet me,
his snout sent the bottle flying across the kitchen floor.
“Idiot!” I said as walked toward the counter. “Why are you
always so excited to see me? We’re together all day every day.”
The tone of my voice frightened him, and he lowered his head
and slinked away. As I turned to reach for a paper towel so that I
could wipe up the spilled water, I scraped my shin on the open door
of the dishwasher. I reached down and slammed it closed.
“Where have you been?” Caroline said as she walked into the
kitchen with her perpetual smile on her face. Caroline and I were
high school sweethearts and had been married for more than twenty
years. She owned and operated a dancing school where she taught
jazz, tap, ballet, and acrobatics. She was leggy, athletic, and tanned,
with thick auburn hair and soft brown eyes. We were still deeply in
love, but at that moment, I wasn’t in the mood for pleasantries.
“Caroline, why do you leave this dishwasher door open all the
time?” I said as I knelt down and started wiping up the spilled water.
“I just cracked my shin on it again. I’ve asked you at least a hundred
times to close the dishwasher.”
She stopped in her tracks and glared at me.
“Why don’t you watch where you’re stepping?” she said
sarcastically. “Are you blind?”
“And why can’t you close the garage door?” I said, still wiping
up the spill. “Were you born in a barn? All you have to do is push a
button and it closes itself.”
“What difference does it make whether the garage door is
closed?” she snarled.
“It keeps some of the heat out, and when we keep some of the
heat out, the air conditioner doesn’t have to work so hard. And when
the air conditioner doesn’t work so hard, it saves us money! But you
don’t ever think about that, do you? The money we have isn’t going
to last forever, especially if you keep leaving the garage door open.”
“So you’re saying I’m going to drive us into bankruptcy by
leaving a garage door open? Sitting around the house for a year has
driven you crazy, Joe.”
I straightened up, wadded the paper towel, and tossed it into
the wastebasket under the sink. I walked past her toward the
bedroom. I grabbed a pair of shorts, some socks, a T-shirt from the
dresser, and my running shoes from the closet and went back to the
bathroom to change. Just as I finished tying my shoes, Caroline
appeared.
“So do you want to tell me what’s going on with you?” she said.
“Nothing’s going on.”
“You haven’t been in the house five minutes and you’ve already
terrified Rio, slammed the dishwasher, and given me hell for leaving
a garage door open. Something’s going on. Where have you been
for the past two days?”
I looked up at her. The anger was gone from her face, and the
tone of her voice told me she was genuinely concerned.
“I went to Jonesborough to watch Billy Dockery’s trial,” I said.
“I knew it,” she said. “I’ve been reading about it in the
newspaper. I knew you wouldn’t be able to stay away. Is it still going
on?”
“No. They acquitted him again. I don’t think I’ve ever seen a
prosecutor do a poorer job of trying a case.”
“Come on out to the kitchen table,” she said as she reached out
and took my hand. “Let’s talk.”
I followed her out to the kitchen and sat down. She went to the
refrigerator, pulled out two beers, and came back to the table.
“You’re miserable,” she said. “You’re bored. I think you feel like
you’re wasting your life, and it’s time to do something about it.”
She popped the top on a can of Budweiser and handed it to me.
“I’m not miserable,” I said. “I’m just a little upset. Seeing
Dockery walk out the door today made me sick to my stomach.”
“So why don’t you do something about it?” she said.
“Do something? Like what?”
“Why don’t you go back to work? I remember when we were
young, you talked about going to work for the prosecutor’s office.
Why don’t you give Lee Mooney a call and see if he can find a place
for you?”
The suggestion took me by complete surprise. Even sitting
there watching Alexander Dunn botch a trial, knowing I could do
much better, going back to practicing law hadn’t entered my mind. I’d
quit a year earlier after spending more than a decade as a criminal
defense lawyer. I made a lot of money, gained a lot of notoriety, and
was good at what I did, but the profession eventually burned me out
mentally, physically, and emotionally.
Friends and acquaintances had always asked me: “How can
you go into court and represent someone you know is guilty?” My
answer was always that my job was to make certain the government
followed its own rules and to hold them to their burden of proof. It
didn’t have anything to do with guilt or innocence. I convinced myself
for years that I was doing something honorable, that I was an
important cog in the machine that called itself the criminal justice
system. But over time, and especially after I realized I’d helped Billy
Dockery escape punishment for murdering a defenseless elderly
woman, I began to regard myself as something much less than
honorable. A little over a year ago, after I’d helped a young woman
walk away from a charge of murdering a preacher, the preacher’s
son tried to kill me in the parking lot outside the courthouse, and he
nearly killed my wife in the process. That was enough.
I’d worked hard my entire life and had accumulated a fair
amount of money, so I took a break, thinking I might eventually teach
at a university. For the past year, I’d divided my time between
watching my son play baseball for Vanderbilt University in Nashville
and watching my daughter perform at football and basketball games
as a member of the University of Tennessee’s dance team. When I
was home, I piddled around the house, worked out at the gym, ran
miles and miles along the trail by the lake, and played with the dog. I
enjoyed myself most of the time, but Caroline was right. I was bored,
and I missed the excitement of playing such a high-stakes game.
“I don’t know, Caroline,” I said. “It got pretty bad there at the
end. Do you really think I’m ready to go back?”
“If we were sitting here talking about going back into criminal
defense, I’d say no. But I think you’d like prosecuting. You’ve always
had a little bit of a hero complex. Putting bad guys behind bars might
be right up your alley.”
“You’re ready to get me out of the house, aren’t you?” I said.
“You’re tired of looking at me.”
“How could I be tired of looking at you? You’re gorgeous. You’re
big and strong, and you’ve got that dark hair and those beautiful
green eyes. You’re eye candy, baby.”
“That kind of flattery will definitely get you laid.”
“Seriously,” she said, “I’m not tired of anything. I could live this
simple little life we have now until they put me in the ground, but I
know you, Joe, and you’re just not happy. You have too much drive
to be a professional piddler.”
“So you think I should just call Mooney up and say, ‘Hey, how
about giving me a job?’”
“Why not? The worst he can say is no, but I think he’d be glad
to have you.”
I smiled at her. Caroline had a way of making me feel like I
could conquer the world. She’d always had more confidence in me
than I had in myself.
“Okay,” I said. “If you really think it might be right for me, I’ll give
it a shot. I’ll call Mooney first thing in the morning.”
She stood and pursed her lips slightly. The next thing I knew
she was pulling her shirt over her head. She slipped off her bra and
turned toward the bedroom, dangling the bra from her fingertips as
she looked at me over her shoulder.
“Now that’s what I call eye candy,” I said as I put down the beer
and followed her. “Wait up. Let me help you take off the rest.”
FRIDAY, AUG. 29
Istepped
felt the cool air conditioning on my face as I opened the door and
out of the oppressive September heat and humidity. It was a
room the owner of the restaurant—a man named Tommy Hodges
who fancied himself a local political insider—reserved for special
customers, people he believed had power or privilege. It had its own
entrance at the side of the one-story brick building. I was forty-one
years old and had practiced law in the community for more than a
decade, but I’d never set foot in the place.
The room was small and dimly lit, dominated by a single table,
large and round with a scarred, blue Formica top. All four walls
surrounding the table were decorated with autographed photos of
state and local politicians. Lee Mooney, the elected attorney general
of the First Judicial District, was examining a photograph of himself
as I stepped through the door. Mooney was fifty years old, a lean,
striking man with gray eyes, salt-and-pepper hair, and a handle bar
moustache. I’d called him on Thursday morning and asked him
whether he might consider hiring me, and he asked me to meet him
at Tommy’s place the next day. He turned his head when he heard
the door open and grinned.
“Joe Dillard, in the flesh,” he said, extending his hand. “It’s been
a long time.”
At six feet five, Mooney was a couple inches taller than me. As
his fingers wrapped around my hand, his white teeth flashed and his
eyes locked onto mine. He held both my gaze and my hand a bit too
long.
I was suspect of all politicians, but because I’d practiced
criminal defense law for so long, I was especially suspect of the ego-
filled megalomaniacs who typically sought the office of district
attorney. A Texas A&M grad, Mooney had gone from ROTC cadet to
officer training to the Judge Advocate General’s office in the Marine
Corps. He retired five years ago after the Marines passed on the
opportunity to promote him to full colonel. His wealthy wife had
persuaded him to move to northeast Tennessee, which was her
childhood home, and he was immediately hired on as an assistant
with the local DA’s office. Before I stopped practicing law, I tried a
half-dozen criminal cases against Mooney. I remembered him as a
formidable adversary in the courtroom with an almost pathological
fear of losing. I’d suspected him more than once of withholding
evidence, but I wasn’t ever able to prove it.
Mooney quit the DA’s office two years ago when he smelled
blood in the water. Word around the campfire was that his
predecessor—a pathetic little man named Deacon Baker—had lost
control of his own office and, Mooney must have sensed, the
confidence of the voters. Mooney resigned and immediately
announced he was running against his boss in the August election.
When the last murder case I defended blew up in Deacon Baker’s
face just before the election, Mooney buried him.
“So what have you been up to for the past year?” Mooney said
as we sat down.
“As little as possible.”
“How’s your wife? Is it Caroline?”
“Right. She’s fine, thanks for asking.”
“I’ve read about your son in the newspaper. He’s some
ballplayer.”
“He’s worked hard.”
“Have you missed it? Practicing law I mean.”
“Some,” I said. There was a seductive element to defending
people accused of committing crimes, especially when the stakes
were at their highest. Having the fate of a man’s life depend on the
intensity of your commitment and the quality of your work was
alluring.
Tommy Hodges, the slight and balding owner of the restaurant,
showed up carrying two glasses of water and a pad.
“Don’t I know you?” he said to me.
“I don’t think so.”
“Sure you do,” Mooney said. “This is Joe Dillard, the best trial
lawyer who ever set foot in a courtroom around here.”
Hodges’s eyes lit up.
“Oh yeah!” he said, pointing at me. “I remember you! That
murder, the preacher, right? That was something. Big news.”
“Yeah,” I said, “big news.”
“I ain’t heard of you since. Where you been?”
“Sabbatical,” I said.
“What?”
“Tommy,” Mooney said, “how about a couple club sandwiches
and a couple Cokes? Is that okay with you, Joe?”
“Sure.”
He kept fiddling with a salt shaker with his right hand. After
Hodges left, Mooney regarded me with a puzzled look.
“I always wondered why you were on the other side,” he said as
soon Hodges left the room. “I thought you would have made a great
prosecutor.”
“The reason isn’t exactly noble. It came down to money. When I
graduated from law school, I wanted to work for the DA’s office. I
even went for an interview. But the starting salary was less than
twenty-five grand, and I already had a wife and two kids to support. I
figured I could make double that practicing on my own, so I told
myself I’d learn the law from the other side and then try to get on
with the DA after I made some money.”
“And before you knew it, your lifestyle grew into your income.”
“Exactly.”
“Why’d you quit?”
“A combination of things, I guess. It always bothered me that I
knew my clients were lying to me, or at least most of them. And I
was constantly at war with somebody—cops, prosecutors, judges,
witnesses, guards at the jails, you name it. I got tired of it. But the
bottom line, I think, was that I felt like I was doing something wrong.”
“Wrong? How so?”
“Some of the people I helped walk out the door were guilty.
They knew it, and so did I.”
Mooney shifted in his chair a little and looked down at the salt
shaker. “You defended Billy Dockery once, didn’t you?” he said.
“He was the beginning of the end of my career as a criminal
defense lawyer,” I said.
“Alexander Dunn told me you were at his trial.”
“I was curious.”
“How’d Alexander do? It was his first big felony trial.”
“The odds were against him.”
There wasn’t any point in telling him that Alexander was terrible
and that he constantly referred to Cora Wilson as “the victim in this
case” instead of by name. Even when he did mention her name, he
referred to her twice as “Ms. Williams” instead of “Ms. Wilson.”
“So what are you really looking for, Joe?”
“It’s pretty simple. I want to do something that keeps me
interested, and I want to do something that allows me to look in the
mirror without throwing up.”
Mooney sat back and smiled. “You looking to make amends?”
“Maybe. Something like that.”
“You have to understand that Baker didn’t leave me with much,”
he said, speaking of his predecessor. “He was so paranoid that he
ran off every competent lawyer in the office. All that’s left are a bunch
of kids learning on the fly.”
“Do you have anything open?” I said. I knew the budget in the
DA’s office was tight. State legislators tend to look at the criminal
justice system as a necessary evil when it comes to funding.
“Not right now,” Mooney said, “but I’ll make room for you if you
can wait a couple weeks. I was planning to fire Jack Moseley as
soon as I could find someone to replace him.”
“I don’t want to cost anybody their job.”
“Moseley’s a drunk. Shows up late for work half the time,
doesn’t cover his cases, pinches the secretaries. Last month he
disappeared for three days. We found him holed up at the Foxx
Motel with a gallon of vodka and an empty sack of cocaine.”
“I don’t remember reading about that in the paper,” I said.
Mooney winked. “Sometimes what the people don’t know won’t
hurt them. I would’ve fired him months ago if I’d had another warm
body. The job’s yours if you want it.”
“Exactly what would I be doing?”
“I’ve been thinking about that ever since you called. The best
use for you would be to work the violent felonies, the worst ones.
Murders, aggravated rapes, armed robberies. Dangerous offenders
only.”
I let out a low whistle. “Some job description.”
“You really want to do something that makes you feel good?
Here’s your chance. You can make sure dangerous people wind up
in jail where they belong. I’ll keep your case load as light as I can so
you can do it right.”
“I guess it’ll include death-penalty cases,” I said. I’d spent a
great deal of my legal career trying to ensure the state didn’t kill
people. If I took this job, I knew I’d soon be making some difficult
choices.
“We haven’t had a death-penalty case since Deacon left the
office,” Mooney said. “What’s the point? The state’s only executed
one person in forty years, and there’s nobody in Nashville
complaining about it. I guess the legislature wants to have the death
penalty in Tennessee but not have to worry about enforcing it.”
“It’ll change soon,” I said. “People have a tendency to be
bloodthirsty.”
“Look at it this way. You’ll be doing the same thing you did so
well for all those years, practicing criminal law. The difference will be
that you’ll be working with the good guys, and you’ll have the
manpower and resources of the great state of Tennessee behind
you. The pay is good, there’s no overhead, and you get four weeks
of vacation, state health and retirement benefits, the whole ball of
wax.”
I sat back and thought for a moment. The money didn’t matter
that much. Both of my kids had earned scholarships that paid a
significant amount of their college expenses. Our house was paid for,
and we had plenty of money stashed away. I’d already called both of
the kids and discussed the possibility of going to work for the district
attorney. Both were in favor, as was Caroline. All that was left was
for me to take the plunge and see what happened.
“You make it sound like easy money,” I said.
Mooney nodded his head. “There you go. Easy money. Piece of
cake. Come by and see me Monday and we’ll get the paperwork
rolling. You start in sixteen days.”
If you enjoyed the beginning of In Good Faith, you can purchase
here via Amazon:
In Good Faith
AGAIN, THANK YOU FOR READING!
Scott