Second Chair
A Stan Turner Mystery, Volume III
Prologue
It was the third time for me. The second time in two months.
Youd think I was a hardened criminal, a fugitive from the law or something. As
I drove toward Sherman past McKinney, I daydreamed of just driving right on
through--into Oklahoma, through Missouri and all the way to Canada. I chuckled.
Wouldnt that give the press something to write about?
Then I took a deep breath trying to muster a little courage.
I could get through this. A little jail time is no big deal. No, big deal except everybody
would be watching as I was taken into custody. My wife, the children, my parents and all
my friends. All of the people I love and care about would be watching my humiliation
before the entire nation.
As we approached the Sheriffs office I could see the
big crowd of reporters gathered to watch my surrender. Slowing down to a crawl, God forbid
I should accidentally kill one of them, I eased into a parking space that had been
reserved for me. The Sheriff and two deputies were there to accept my surrender. One of
the deputies opened the door. As I got out the cameras started flashing and the questions
poured out.
"How do you feel this morning, Mr. Turner?" a
reporter asked.
"As well as to be expected," I replied.
"Do you think the judge was too harsh with you?" a
second reporter inquired.
I shrugged. The Sheriff took my arm and pulled me toward the
door. He said, "Alright, clear a path. No more questions. He and his deputies pushed
the reporters aside as we made our way inside. As we walked down a long corridor the
Sheriff said,"Well, Stan before we book you and take you to your cell, there is
someone here to see you."
"Really," I said quite surprised I would already
have a visitor.
They escorted me into a small interrogation room where a
woman was seated. When she turned and smiled at me I immediately recognized her. She got
up and came over to me. We embraced.
"Mrs. Stone," I said laughing. "What in the
world are you doing here?"
She smiled. "Ive been hearing a lot about you
Stan. My God, cant you stay out of trouble? My editor wanted to get your story. He
figured it was only appropriate that I come."
I shook my head. "Well, Im afraid you cant
bail me out of this one, Mrs. Stone. I went and pissed off the judge and there is no
bail."
She nodded. "Well, I wish I could do something, I
really do. But anyway, I talked the Sheriff into this interview. I hope you dont
mind."
"No, Im not anxious to go to my cell."
"Has anyone got your story yet?"
"No, Ive been a little too busy to talk to
reporters, but now Ive got lots of time."
"Good, then Id really like to get the inside
scoop on all the bizarre things that have been going on with you lately. Can I have the
story?"
"You dont even have to ask. You know youre
the first person Id give it to."
"Well then, lets get some coffee and you can start by
enlightening me as to why the Sheriff has furnished your cell with a refrigerator full of
beer, a TV and a Lazyboy recliner!"
A sudden rush of relief came over me. Tears welled up in my
eyes. "My God, did he really go and do all that?"
Chapter One
Ice Storm
A wicked howling sound came from the front of the
house. An early December Norther had just blown in and the wind blowing
underneath the door sounded like a pack of wolves had gathered on the porch.
Rebekah looked up and shook her head. She was putting the finishing touches on
the dining room table in preparation for an expected throng of a hundred or so
clients and friends who had been invited for our first office Christmas Party.
Marketing, I had been told, was the key to a successful law practice. It was
important to stay in touch with your clients, to wine and dine them so they
wouldn't forget you when they got rear-ended or someone sued them. Rebekah
wasn't crazy about the idea of having an annual Christmas party but I convinced
her it was a great way to solidify the client's allegiance to the firm. I even
suggested it might be fun. She said it might be fun for me but not for her since
she had to arrange the whole affair. She reminded me it would be particularly
difficult for her since we didn't have a large budget to work with and she'd
have to do much of the work herself.
At ten minutes to eight I went out on the front porch to see how bad the
weather was getting. I shivered as the cold wind pelted my face. A light mist
was falling and icicles were forming on the trees and bushes in front of the
house. As I proudly gazed at the elaborate display of lights that adorned the
house, I thought back to when my father used to take the family to Beverly Hills
every year to see the elaborate decorations of some of the Hollywood Stars of
that era. It was something I looked forward to and how I had become a decoration
addict.
The cold wind finally drove me back into the house. I went directly to the
fireplace to warm up. Staring into the flickering flames I was in a momentary
trance when Rebekah came up from behind and put her arms around me. I turned
around and we embraced. She was wearing a red knit Christmas dress that she had
painstakingly procured several weeks earlier. Looking as sexy as ever, she
looked up at me with her big brown eyes.
"I hope the lights don’t go out during our party." she said.
Our home was equipped with the latest safety device to prevent electrocution.
I’m not sure exactly how it worked, but whenever it rained and we had the
Christmas lights on, the circuit breaker would blow. Needless to say it was very
annoying.
"Well, so far so good. Maybe we’ll get lucky."
The door bell rang and Rebekah rushed to answer it. It was Tex and his wife,
Toni. He was a short, robust man in his late fifties. Tex was one of my most
fortuitous contacts. A fellow agent at Cosmopolitan Life, Tex Weller had
referred me dozens of clients over the past two years. He was a rambunctious
character who always cheered me up.
"Wonderful night for a party," Tex said as they stepped inside and
wiped their feet. "The roads are terrible."
A blast of cold air sent a shiver through me. I quickly closed the door.
"No ice, I hope."
"No, not yet, but the bridges and overpasses are supposed to ice over
tonight."
"Wouldn't you know this would happen on the night of our party,"
Rebekah said shaking her head in disgust. She took their coats and went off
toward the bedroom.
Tex shook his head. "Well...I can't believe you've been practicing law
nearly two years now, Stan. It just seems like yesterday you were in the bullpen
selling insurance."
The mention of selling insurance made me shudder. The "bullpen" was
the large room that housed the 24 debit agents who serviced the Dallas region.
Each agent had a desk, a chair and a telephone from which to operate. The
company didn’t want the agents to get too comfortable since they were supposed
to be out beating the bushes for new insureds. It was a time in my life I wanted
to forget. "It seems like an eternity to me. So much has happened these
past two years."
"Yeah, you have had your hands full, haven't you?" Tex
laughed.
"Just slightly," I said thinking back to how close we had come to
losing everything. In fact, it was a miracle that we were having this party at
all. A miracle indeed that I was still practicing law after that first
tumultuous year. Starting with nothing and barely surviving financially we hadn’t
had the wherewithal to buy a big fancy house. That was another reason Rebekah
was against the party. She was a little embarrassed at our modest abode, but I
had assured her people would understand and wouldn’t hold it against us.
Rebekah alternated from greeting newly arrived guests to supervising the maid
and bartender we had hired for the evening. I was mingling with my clients and
friends trying to make sure everyone was having a good time. After awhile I
decided it was time to address the gathering and propose a toast. I alerted the
bartender to start passing out the champagne.
"Ladies and Gentleman," I said as I began tapping my fork on the
champagne glass. "I'd like to say a few words and propose a toast."
It took awhile but the noise from the crowd finally subsided enough for me to
speak. "I just wanted to thank all of you for coming tonight. I apologize
for the bad weather. This isn't what I ordered."
Somebody said, "You don't have much clout upstairs, do you?"
"I guess not," I laughed. "Anyway, one reason Rebekah and I
decided to throw this party was to give us an opportunity to thank each and
every one of you for your support over these last two years. As you know we've
been through some tough times but with your encouragement and prayers we've
managed to survive. In fact, this last year has been great. As you know we moved
to a new location on Central Expressway and I was lucky enough to find a
wonderful secretary, Jodie Marshall."
Jodie stood up, smiled and nodded to the crowd. "Let me just say it is
so great to come to work every morning and smell coffee brewing." We all
laughed. "Anyway, I think it's time to propose a toast." I lifted my
glass, smiled and said, "To all my wonderful clients and friends, may all
of you have a Merry Christmas and a Happy New Year."
"Here, here," someone said.
"Before I let you go, there will be some carolers coming by later on to
entertain you, so relax, eat and drink all you want and have a good time. Thanks
again for coming."
After consuming the rest of my champagne I went and got a plate full of food.
I figured I’d better eat something before all the booze I'd been drinking got
the best of me. As I was eating my niece, Alice, approached me. An attractive
brunette, sharp as a pick, she was a clone of her mother.
"Hi, Uncle Stan," she said. "Great party."
"I'm glad you could come. Where's your mother?"
"She wasn't feeling well. She said to tell you she was sorry she couldn’t
make it."
"Oh, that's too bad," I said.
"So where did you hide my cousins tonight?" Alice asked.
"They're with Rebekah's mom. I didn't figure they could sleep with all
the noise. Besides, Rebekah didn't need any distractions."
"I guess not."
"So how's school?" I asked. Alice was attending ASU, a small but
prestigious liberal arts college in Sherman, Texas. She was majoring in
education hoping to become a grammar school teacher.
"Not too bad, I guess. Once I get through finals and have a little time
off."
The doorbell interrupted our conversation. Rebekah opened the door and Bobby
Wiggins stepped in with his wife, Marleen, at his heals. He let out a big
"HO HO HO, it’s Santa Claus." Everyone turned and smiled at the two
familiar faces. I excused myself to greet them.
Bobby Wiggins, a local CPA, was one of my best friends. Although he was not
Santa Claus, he had a heart as big as old St. Nick's and everybody loved him. I
had met him at an estate planning seminar a year earlier and was amazed when he
told me about all the charitable activities in which he was involved. He put me
to shame as I found little time to do anything but work.
"Hi, Bobby. . . . Marleen. Glad you could make it," I said.
"Wouldn't of missed it for the world," he said as he surveyed the
crowded room. "Look at all these people. I didn’t think you had this many
clients."
"Well, they’re not all clients. Some are family and friends."
"I just hope they didn’t drink up all the good liquor."
I laughed. "No, I don’t think so. You know where the bar is. Help
yourself."
As Bobby and Marleen headed for the bar, a parade of carolers filed in and
formed a half circle in front of the fireplace. They began to sing and before
long many in the crowd had joined in. While everyone was being entertained I
succumbed to the lure of the luscious deserts Rebekah had prepared. I loaded my
plate with Christmas cookies, tarts, strawberry bread and fudge. I heard
laughter in the den so I headed that way to see what was happening. Bobby
Wiggins was seated in a captain's chair with a mutual client, a stripper named
Joanna Winburn, sitting in his lap. He was pretending to be Santa Claus and
Joanna was telling him what she wanted for Christmas. It was an amusing sight
but not one I thought Marleen would appreciate. I scanned the room and was
relieved that she wasn’t watching.
Several other women were lined up to tell the would-be Santa what they wanted
for Christmas too. I hadn't told Rebekah about Joanna as it would have upset her
to no end. I got the feeling Bobby hadn't told Marleen about our mutual client
either. Later on, when the women had left, I went to see if Bobby was having a
good time.
"You're a popular guy," I said.
"Yes, it seems so. You know woman, they love a man who can make their
dreams come true," he said shaking his head. He had that dreamy look in his
eyes that women loved. "If only I were Santa Claus. Think of the
possibilities."
"Think of the mayhem had Marleen seen you with a stripper in your lap.
What were you thinking? You better slow down on the booze. It was a good thing
she was occupied with the carolers."
Bobby raised his eyebrows. "Ah, yes. Thanks for providing the
diversion."
"No problem." I said shaking my head and smiling. "Now behave
yourself."
"I will."
As I turned to leave Bobby put his hand on my shoulder. I looked back at him.
His demeanor had changed. He looked worried.
"What?" I said.
"I need to talk to you about something."
"Sure, you want to go somewhere private?"
He shook his head. "No. No. Not now. I'll call you Monday and set up an
appointment."
"You sure, I don’t mind taking a minute now."
"No, you’ve got guests. We’ll do it later."
As we were talking Marleen walked up with a fresh drink for Bobby. We talked
a minute longer and then I excused myself to go mingle with the other guests.
About twenty minutes later I was talking to Tex when there was a loud crackling
sound and the lights on one side of the house went out. The singing came to an
abrupt halt and people began talking excitedly.
"Oh, God," I said. "Not again."
"Didn’t you pay your light bill?" Tex joked.
I laughed. "I don't know, maybe not."
In the nightstand by my bed I kept a flashlight so I immediately went there
to retrieve it. With the flashlight in hand I headed for the garage to check the
circuit breakers. Rebekah had already located several candles and was placing
them strategically throughout the darkened portion of the house. The garage was
pitch black. With the flashlight I found the circuit breaker box. One of the
switches had been thrown but not the usual one. That surprised me. I flipped it
and the lights came back on to cheers and laughter. Just as I was about to close
the box I heard a scream in the house.
Quickly I ran back inside, through the kitchen and into the dining room where
I believed the sound had emanated. A crowd of people was standing at the front
door which was wide open. After squeezing through to the front of the crowd I
was stunned by the sight of Bobby flat on his back in the flowerbed with Marleen
slapping his cheeks frantically trying to get him to wake up. He was lying on a
string of broken Christmas lights in a puddle of water. The pungent odor of
burnt flesh hung in the air.
"Oh my, God!" I said and ran over to her. "What
happened?"
"He slipped on the ice and fell into the bushes! You've got to do
something, Stan."
Bobby's face was blue and he wasn't breathing. "Rebekah!" I yelled.
She was a nurse, she'd know what to do.
Rebekah came running out the door and gasped at the sight of Bobby lying
lifeless on the icy ground. Without hesitating she started barking orders.
"Stand clear, get some blankets, I'll need a pillow, . . . somebody call an
ambulance."
She immediately began trying to revive him, pressing firmly on his chest
trying to get his heart to beat, breathing into his mouth to force air into his
lungs. But there was no response.
The wailing sound of an ambulance could be heard from the fire station less
than a mile away. Rebekah kept pounding on his chest and breathing into his
mouth. We all stood by and watched, praying for a miracle. The sirens grew
louder and louder and finally an ambulance made its turn into the cul de sac. A
fire truck followed closely behind.
The paramedics attempted unsuccessfully to revive Bobby on the spot. Getting
no response they loaded him on a stretcher and put him in the ambulance. Marleen
climbed in and the ambulance rushed off to the hospital.
Several of the firemen were milling around in front of the house talking to
our guests. By this time Rebekah had latched onto my arm and was crying. I put
my arm around her and tried to comfort her but there was little I could say. One
of the firemen approached us.
"Is this your home?" he said.
"Yes, we were just having a Christmas Party," I said. "I can't
believe this happened."
"What exactly did happen?"
After telling him everything we knew he went back to his truck and called in
on his radio. In a few minutes a police car and a fire investigator arrived. We
repeated our story to them and then called the hospital to see if there was any
word on Bobby. They didn't have any information but Tex called a few minutes
later.
"He didn't make it," Tex said. "I followed the ambulance to
the hospital and waited in the emergency room. They tried like hell to revive
him but it was no use."
"Oh God, I can't believe this," I said. "Poor Bobby. Why did
this have to happen?"
"I don't know, it doesn't make a whole lot of sense, does it?"
"I’ll never put up Christmas lights again. I never dreamed something
like this could happen."
Rebekah was crying incessantly so I took her into the bedroom where she could
lie down. After getting her settled I went back into the den. Most of our guests
had left by that time but a few of them had stayed to see if we needed anything.
One of them was General Burton.
"Stan, you've got the worst luck of any man I know. This was
bizarre."
"I know. I'm just sick. Poor Rebekah worked so hard to make this party a
success and look what happened."
The door opened and the fire inspector walked in followed by a police
detective named Paul Delacroix. They conferred a few moments and then the
investigator approached us. The detective went back outside.
"Mr. Turner," the investigator said.
"Yes."
"The Coroner's office has just completed a preliminary inspection of the
body. It appears that Mr. Wiggins died of a massive coronary."
"He wasn’t electrocuted?"
"No, the circuit breaker prevented that."
"Huh. . . . A coronary? I didn't know he had heart problems." I
said.
"He didn't but apparently the trauma of the fall induced the heart
attack."
"Oh Jesus," I said. "What a horrible thing to happen."
"I notice there isn’t any sand on the sidewalk?"
"Sand?"
"Yes, sand or rock salt."
"No, I didn’t realize it had iced over. It never occurred to me. . . .
Oh, God. I feel so terrible."
Terrible wasn’t the half of it. My stomach felt like I’d ridden a roller
coaster one too many times. The door opened and Detective Delacroix came back in
and walked over to us.
"Well, we've done all we can here. We've interviewed most of your
guests. You better call your insurance agent tomorrow," he said. "I'm
sure they'll be a claim."
"How's that?" General Burton asked.
"Negligence. Mr. Turner had all these guests here and he never even
bothered to sand his walkway. Some hot shot attorney's gonna have a field day
with this one."
He was right. I hadn't anticipated an ice storm. They were rare in Texas. We
had no sand to put down over the ice or salt crystals to melt it off. I just
never gave it any thought.
"I just didn’t realize the walkway had iced over. Damn it!"
Detective Delacroix shrugged and walked away. Fortunately, I did have
insurance. My homeowners policy plus a million dollar general liability policy
at the office. So if a judge or jury tried to blame me for Bobby’s death the
insurance company would have to defend me. Then I wondered, had I paid the
premiums? The homeowners policy wasn’t a problem. The mortgage company paid
that bill every year. The general liability policy was another story. I tried to
rack my brain to remember. It seemed eons since I had paid the bill last.
The next morning I went to the office early and pulled the insurance file.
The policy in the file was expired but that didn't necessarily mean anything. It
should have automatically renewed. Sometimes new policies don't come in for
weeks after their issue date. I searched through the checkbook but found nothing
to North Texas Insurance Agency within the last year. At 9 o'clock I called
their offices. A lady put me on hold as she went to fetch my file.
"I'm sorry Mr. Turner but that policy has lapsed."
"Lapsed! But I don't remember getting a premium statement."
"Well I have a copy of the certified letter advising you of the policy’s
termination. . . . Oh, my word."
"What?"
"No one picked up the certified mail. You should always pickup your
certified mail."
"I always do. . . . Oh, shit. You don't have my new address, do
you?"
"Well, not if you didn't give it to us."
Chapter Two
Three month later
The law is a jealous mistress. I heard that a lot in law school but I didn't
fully appreciate what it meant until I started my own law practice. It seemed
every week I was working a little harder and, even though I was getting more
efficient all the time, there were never enough hours in the day to get done all
that I felt needed to be accomplished.
Even if it were eight or nine o'clock, I never felt good about going home.
There was always that nagging feeling that I should complete one more task
before I left. Often times the only way I could drag myself away from the office
was to fill my briefcase full of files with the intention of working on them at
home. I thought by being a sole practitioner I could set my own hours and have a
life away from the office. Boy was I wrong about that. Responsibility is a
merciless task master. Rebekah hated me to work at home and would try diligently
to keep me from opening my briefcase. Between her and four attention-craving
children she was usually successful. As the night wore on I would usually forget
about work as I became absorbed in my second job as a husband and a father.
It was nearly eight-thirty when I arrived home from the office. Rebekah was
in the family room watching TV. She had learned to accept the fact that I was a
workaholic but she made it abundantly clear she didn't like it.
"Well, who are you? I don't recognize you," she said.
"Very funny."
"What in the hell have you been doing? Do you have a girlfriend or
something? I never see you anymore."
"Hey, I had a tough day. Give me a break. I had to get ready for a
hearing first thing tomorrow morning. Some asshole attorney served me with a
motion to dissolve a writ of garnishment at 4:55 p.m. I've got a hearing on it
at 9:00 a.m. tomorrow. Can you believe that shit?"
"Can they do that?"
"They're supposed to give me three days notice, but some attorneys are
so damn arrogant they don't give a shit about ethics, let alone common
decency."
Marcia came running into the family room. Her big brown eyes lit up when she
saw me.
"Daddy!"
"Hi, honey."
She ran over and jumped into my lap. I smiled and gave her a hug. I had
always wanted a daughter but after our third son was born in 1975 Rebekah and I
almost gave up. As I stroked her long silky black hair, I thanked God we hadn't.
"What did you do today, baby doll?" I asked.
"I colored and played with my dolls."
Rebekah gave Marcia a stern look and said, "What else did you do, little
girl?"
Marcia looked at her mother and then lowered her head. "Nothing,"
she said.
"Un huh," Rebekah said. "I found her playing with Mark's train
set."
"Really. Hmm," I said. "You know you're not supposed to do
that. You're too young to be playing with something electrical. It's very
dangerous."
The thought of another accident in our home was horrifying. Within days of
Bobby's death we had purchased every safety gadget we could find to protect our
children from the numerous hazards existing around the house. We spent hours
instructing them on each of these perils and how to deal with any emergency that
might arise. We weren't about to have another death at the Turner house.
"Not to mention the train doesn't belong to her," Rebekah said.
"I'm sorry," she said as she slid off my lap and ran off. I picked
up the newspaper and began reading it. Rebekah looked at me and shook her head.
"Well, do you want to eat or did your girlfriend feed you?"
I dropped the newspaper, smiled and replied, "Yes, I'm starving. My
girlfriend doesn't cook."
"Yeah, she doesn't wash clothes either. Too bad, I could use the
help," Rebekah said. She got up and walked into the kitchen. I read a few
minutes and then joined her. Just as I sat down at the table the telephone rang.
Rebekah took a deep breath and then reluctantly got up and answered it. It was
for me. She frowned, handed me the phone and then went back to warming up my
dinner.
"Mr. Turner. This is Tom Winters. I was referred to you by your niece,
Alice. My daughter and her are neighbors up at ASU."
"Oh, really? What can I do for you?"
"It's my daughter, she . . . she . . . well, it's a long story, but
she's in serious trouble."
"What happened?"
"I don't know where to start. . . . Oh, God, I can't believe this is
happening."
"Just take it slow. Start from the beginning."
"I got a call last night, after midnight. It was my daughter's
boyfriend, Greg. He told me Sarah was in the hospital."
"Sarah's your daughter?"
"Right."
"Okay, what happened to her?"
"They say she had a baby. I didn't even know she was pregnant for
godsakes."
"Really?"
"But that's not the problem."
"Oh."
"No, they found a baby in a dumpster a mile or so from her apartment.
They say it belonged to Sarah. I'm afraid they're going to arrest her."
A chill radiated down my spine. I picked up the base of the phone, put it on
the kitchen table and sat down.
"Gee, Mr. Winters, I'm so sorry. What a jolt that must of been."
"You don't know what we've been going through."
"I can imagine. So what does Sarah have to say about this?"
"She doesn't remember anything."
"Really? Huh. Well, who claims she was the mother?"
"Dr. Estaban, the doctor from the emergency room."
"Do you have any reason to doubt him?"
"No. He wouldn't have any reason to lie. But I believe my daughter. I
really don't think she remembers what happened. She must have amnesia or
something."
"This is pretty bizarre," I said.
"I know it's going to take a while to sort this out, but right now I'm
worried about the police trying to talk to her without an attorney. You know how
they can intimidate people and get them to admit to just about anything."
"You're right, she does need a good criminal attorney. Unfortunately, I
don't practice criminal law."
"You don't? I don't understand. Alice has told us such wonderful stories
about you. She said you've already solved several murders."
"Well, that was an aberration, I'm afraid. I'll be honest with you. I
don't like criminal law much and I barely passed the criminal law courses I took
in law school. I'm a civil attorney."
"I just don't want my daughter to go to jail."
"I don't either. You need an experienced criminal lawyer. I'd recommend
Harry Hertel. He was my criminal procedure professor at SMU. He has a private
practice. All he does is criminal cases and he's really good at it, I
understand."
"I don't want him, I want you."
"But why? I told you I'm not a criminal attorney. I’ve never actually
tried a criminal case."
"It's just a feeling. It's not easy to explain. You see most of my life
I've been a worthless drunk wandering from city to city wallowing in my own self
pity. Several years ago I found Christ and my life took a drastic turn for the
better. I've learned now to trust God and to look for his guidance. When this
nightmare first began your niece suggested I call you. She told me all about you
and all the problems you’ve overcome. You’re a street fighter, you don’t
give up and that’s the kind of lawyer I need for Sarah."
"A street fighter?"
"Yeah. You’ll do whatever it takes to win. Anyway, the more she talked
about you the more I knew you were the attorney Sarah needed. I believe the Lord
has guided me to you, Mr. Turner."
"Well, I'm flattered, Mr. Winters, but I'm afraid Alice is prejudiced
being my niece and everything. I'm not a miracle worker. Sarah's defense will
not be easy. She needs a seasoned criminal attorney if she's to have any chance
of getting acquitted."
"Will you at least think about it? I'd really like you to talk to her
before you make a definite decision."
I took a deep breath. Why was it so difficult for people to understand
English? Obviously I wasn't the right person to handle this case yet there was
apparently nothing I could say to convince Tom Winters of that fact. Could it be
true that the Lord had directed Mr. Winters to me? Somehow I doubted that, but
what if it were true? Perhaps I shouldn't act so hastily. It wouldn't hurt to
talk to Sarah.
"Well, I can't promise you anything, but I'll talk to your daughter. If
she can convince me she's innocent then I might consider taking the case, if
you'll let Snake be second chair."
"Snake?"
"Yeah, that's Harry's nickname, Harry Hertel. Some guys at the DA's
office started calling him Snake and after awhile the name stuck. I've never
actually seen him try a case but from what I understand, he's the best."
"Okay, that's fine. Can you come up right away? The cops have been
trying to get in to question Sarah all day. So far the doctor has protected her
but I'm afraid tomorrow she'll have to talk to them."
"What hospital is she in?"
"Bright Methodist in Sherman."
"Just tell her not to say anything to the police. She doesn't have to
talk to them. I'll try to get up there tomorrow."
"Oh, thank you Mr. Turner. You don't know how much better
I
feel. I just
know you're the right attorney for Sarah."
"Well, I haven't taken the case yet, but even if I do; it sounds like
we've got one hell of a battle on our hands."
"I know, but I still feel better."
"You won't feel so good when we start talking about fees."
"What do you think it will cost?"
"You'd be extremely lucky to walk away for $25,000. It'll probably cost
more than that. How much more depends on how complicated it gets and I have no
way of predicting that."
"Jesus, that much," Tom said.
"Yes, I'm afraid so. Your daughter is in very serious trouble and if
she's innocent we've got to do everything possible to prove it. Justice doesn't
come cheap."
"I don't know exactly where I'll get that kind of money, but somehow
I'll raise it. Don't you worry."
"Well think about it. She could get a court appointed attorney for
nothing probably, since she’s in school."
"I don't want that. I'll get the money."
"Alright, I'll drive up tomorrow afternoon and meet you at the hospital
around three."
I hung up the phone, looked at Rebekah and said, "Did you hear
that?"
"Well, I heard something about a baby being killed," Rebekah said.
"Yeah, this guy's daughter is suspected of killing her baby."
"Oh my God! Are you're going to defend her?"
"Well, I don't know yet."
"What if she did it?"
"What if she didn't do it?"
"I don't know, I don't like the idea of you representing a
murderer."
"Wait a minute, what happened to the presumption of innocence?" I
said. "This is America, remember?"
"I know, but she probably did it. Who else would do it?"
"I'm usually pretty good at reading people, so hopefully after I meet
her I'll be able to tell if she's telling the truth or not."
"I don't know, honey, what if you’re wrong? Can you imagine what
people will think of you if it turns out she did it?"
"I don’t care what people think. Anyway, I may not take the case. Who
knows?"
The next morning I went to work at six since I was going to be in court all
morning and had to go to Sherman in the afternoon. There were some things I had
to handle that I felt just couldn't wait until the following day. When Jodie
arrived fifteen minutes late she was shocked to see me already hard at work.
"Good morning," Jodie said. "I am sorry I'm late but Rodney
was almost out of gas. We had to stop off at the filing station."
"Oh, no big deal. So how is Rodney these days?"
"A pain in the ass as usual."
"Typical male, huh?"
Jodie shook her head in disgust. "He just makes me so mad sometimes. I
wish he'd grow up and act like a man instead of a teenager."
"He is a teenager," I noted.
"I know, but-"
"If you don't get along why don't you dump him? You're an attractive
girl, I am sure you could find someone more mature without much trouble."
"Probably, but I've got this problem."
"What's that?'
"I love him."
"Oh, well then, I guess you better see if you can work out your
problems."
"We'll work them out. We always do," Jodie said. "So what are
you doing here so early?"
"I've got a nine o'clock hearing. Then I've got to go to Sherman this
afternoon to talk to a client. So I thought I better get started early this
morning."
"What hearing? There's nothing on your calendar."
"A delivery came in just after you left last night."
"Oh, you're kidding?"
"No, I wish I were."
"Do you need me to do anything for the hearing?"
"No, I stayed late last night to prepare for it. Rebekah wasn't too
happy but I didn't have much choice."
"So why do you have to go to Sherman?"
"To talk to a potential client. A young girl who is about to be charged
with murdering her baby."
"What?!"
"They found the baby in a dumpster a mile or so from her
apartment."
"Oh my God. Why didn't she just get an abortion?"
"I don't know, but that's a good question. I'll ask her that this
afternoon."
"Do you need some coffee?"
"Yes, I could use a cup. Thank you."
Jodie nodded and left the room. She was only nineteen years old and I had
taken a chance in hiring her without any experience. After practicing law a year
without a secretary I finally decided to take the plunge and hire one.
Unfortunately experienced legal secretaries were demanding far more than I could
afford to pay so I decided to look for talent and potential rather than
experience. Jodie was smart, ambitious and wanted someday to be a paralegal. She
had a great attitude and didn't cringe at the meager salary I was offering. She
had turned out to be an excellent secretary and I felt fortunate to have her
around. She soon returned with the coffee and sat down.
"How are you going to defend her?"
"Defend who?"
"The baby killer."
"Oh, Sarah Winters."
"Is that her name?"
"Yeah, I don't know yet. I’m not sure I’ll even take the case. I've
got to find out more about what happened before I decide. If I do take it, I
thought I'd get Snake to help me."
"Snake?"
"Harry Hertel, my criminal law professor. I’ve told you about
him."
She nodded. "Right. Why do you need him?"
"Just an insurance policy in case I get over my head."
"You've never worked with him before, have you?"
"No, not really," I said.
"I don't know if I would want to work with a guy named Snake."
"That's a good point, but as long as he's on my side it should be
okay."
"Man who plays with snakes may get bit," Jodie said.
I laughed. "Where did you hear that?"
"I think it was from a fortune cookie I got one time."
I shook my head. "Oh well, thank you for that little bit of wisdom. I'll
be careful."
"Have you called him yet?"
Before I could answer her the phone rang. Jodie picked it up and had a brief
conversation with the caller.
"That was Rebekah. She said you needed to turn on Channel 12. There's a
report on your client coming up."
"Possible client," I said. "Let's go to the conference room
and see what Channel 12 has to say about Sarah." Once in the conference
room, Jodie turned on the television set and we waited for the commercial to
end.
"This is Beverly Blake with a special Channel 12 Report. Everyday we
read about atrocities that are occurring all over the globe. Whether it's
terrorism in the middle east, religious warfare in Ireland, mass murders in
Cambodia or guerilla warfare in Latin America we are often outraged by the
heinous acts that are committed by our fellow human beings in distant lands.
Well tonight I'm sad to report that right here in Sherman, Texas we have our own
local atrocities.
"Police early this morning found a newborn girl in a grocery store
dumpster and the charred remains of a second child in a shallow grave near Baker
Road in southeast Sherman. The first baby girl was wrapped in a plastic garbage
bag and discarded with common trash. The killer of the other infant apparently
tried unsuccessfully to burn the child to get rid of its remains but ended up
burying it in a wooded area. The body was found when local dogs were attracted
to the scent of the decaying body. There is no apparent connection between the
murders other than the common motive behind the killings, the resolution an
untimely pregnancy.
"The alleged mother of the first child, Sarah Winters, claims she has no
memory of the delivery. Doctors at Bright Methodist Hospital who examined Miss
Winters early this morning advised the media today that she had definitely
delivered a child within the last 24 hours. Blood tests have been ordered to
determine if Sarah Winters is indeed the mother of the child. Doctors at the
hospital say that the baby girl was born premature and weighed only about three
pounds. They estimate that the mother was about eight months along when she
delivered the baby Tuesday night.
"Lt. Bernie Meadows of the Sherman Police, when asked if Sarah Winters
was a suspect in the killing, stated that she headed the list of several
suspects. He would not comment on when an arrest would be made or if he the DA
was planning to take the case to the Grand Jury.
"Police have no suspects in the death of the second baby but are hopeful
they will get some clues when the autopsy is finished later today. Anyone who
might have seen anything unusual in the last twenty-four hours in the Baker
Street area are urged to contact police.
"Lt. Meadows told me privately that he was appalled by these ruthless
murders. He vowed not to rest until the killers have been brought to justice.
"We'll have more on these two investigations on the noon news later
today. For Channel 12 News this is Beverly Blake reporting."
Jodie shut off the TV and looked at me. She shuddered. "I can't believe
somebody tried to incinerate their child."
"I'm sure glad I'm not defending that mother," I said.
"I can't believe you're considering defending Sarah Winters. Don't you
think she must be guilty?"
"Well, she doesn't remember anything. That's not good."
"How could she not remember anything?" Jodie asked.
"Post traumatic amnesia. It's not unusual at all."
Jodie shook her head. "Still, who else could have done it?
"Well, I don't know but the story said there were other suspects,
right?"
"Right. I wonder why she didn't call an ambulance and go to the
hospital."
"I don't know. She was hiding her pregnancy from her parents apparently.
I'm sure that was part of the problem. She hadn't seen a doctor so she may not
have known the symptoms of labor."
"I don’t buy that," Jodie said.
"I know, but there must be some explanation. I doubt Sarah's a complete
idiot. She must of had a plan to deal with the situation. I just hope she'll
tell me what it was."
That afternoon I drove up Highway 75 to Sherman. At the information desk at
Bright Methodist Hospital I said, "I'm here to see Sarah Winters, I'm
supposed to meet with her and her father, Tom Winters."
"Oh yes, he's in the waiting room. Just go down the hall, it's the last
door on the right."
I went down the hall and entered the waiting room. A tall, dark headed man
got up immediately and extended his hand.
"You must be Stan Turner."
"Yes, and you must be Tom Winters."
"Right, I want to thank you for driving up here to see Sarah."
"No problem."
Tom pointed to Joyce and said, "This is my wife, Joyce, and Sarah's
stepmother."
"Nice to meet you. How is Sarah doing today?" I asked.
"She seems fine, however, she won't talk about the baby. She still
doesn't remember anything."
"Have the police tried to talk to her?"
"Yes, and we did what you said. We told them she wouldn't talk to them
without her attorney present."
"Good, can I go see her now?"
"Yes, I told her you would be in to see her at 1:30," Tom said.
"Okay, I'm ready."
Stan, Joyce and Tom got up and walked down the hallway to Sarah's room. They
knocked on the door several times. Getting no response, they entered. Sarah was
staring out the window.
"Sarah," Tom said. "Stan Turner, the attorney I told you
about, is here to see you."
Sarah looked over at me without changing her somber expression. She had a
pretty face with dark brown cautious eyes. Her dirty blond hair had lost most of
its curl and a lock hung down partially covering one eye. Her face was a little
pudgy like you often see with pregnant women and her stomach was still swollen
from the recent childbirth.
"Hi, Miss Winters. How are you feeling?" I asked.
Sarah replied, "Okay."
"I understand you've had a tough couple of days. I'm very sorry to hear
about your baby.
She turned toward the window and began to stare again.
"I know it must be very difficult to talk about this, but it's important
that I know everything that happened the other night. The District Attorney may
try to bring charges against you because of the death of your child. If he does,
I need to know what happened so I can defend you.
Sarah continued to stare out the window showing no emotion. I looked at Tom
and Joyce and said, "Why don't you let Sarah and me talk alone. Whatever
she tells me is protected by the attorney-client privilege but if you're there
it might be waived."
"Sure," Tom said. "Come on Joyce, let's go back to the waiting
room."
After Tom and Joyce were gone, I tried again to strike up a conversation.
"So what's your major here as ASU?"
Sarah turned and looked at me intently. Then she scanned the room. I guess
she wanted to be sure no one was listening.
"Journalism."
"Oh really, that sounds pretty interesting," I said. "Do you
want to be a reporter?"
"I'd like to get into television. I'm not sure exactly what I want to do
yet, but I think that would a good career."
"How did you get interested in television?"
"My dad took me to the NBC studios in LA one time. It was really a cool
place. We got to watch several shows being taped. Ever since that time I've
wanted to go into television."
"I see. Well, the way the television industry is growing you shouldn't
have any problem finding a job."
"I hope not."
"I understand you have a boyfriend?"
"Yes, Greg Peterson. He lives in Richardson."
"How did you and Greg meet?"
"Mutual friends introduced us."
"Oh, I see. Are you serious?"
"We like each other a lot."
"It must be tough with Greg in Richardson and you up here in
Sherman."
"Uh huh, but we call each other almost every day. On the weekend Greg
usually comes up and stays with me in my apartment."
"You understand that everything you tell me is confidential, don't
you?"
"Uh huh."
"I know you'd rather not talk about it, but I've got to find out what
happened Tuesday night. Can we talk about that?"
"You can't tell anyone what I tell you, right, not even my dad and
stepmother?"
"No, everything you tell me is strictly confidential."
"Well, I don't remember very much, I wish I did. I'll tell you what I do
remember, but I don't think it will help."
"That's okay, just tell me what you know."
"Where should I start?"
"Your Dad tells me you didn't tell them you were pregnant. Is that
true?"
"Yes."
"Why didn't you want them to know?"
She sighed. "My stepmother would have gone ballistic. I just didn't want
to deal with that. I thought I'd have the baby and then give it up for adoption
without anyone knowing that I had even been pregnant."
"That would have been a little difficult to pull off don't you think?
Don't your parents come to visit you?"
"No, they're too busy with Nathan."
"Nathan?"
"My step-brother. He's a big football jock at Arizona."
"I see. What about your mother? Do you ever see her?"
"My Mom died when I was a baby. I've had three stepmothers since then
and none of them have cared much about me."
Sarah’s motherless life brought back the haunting memory of Rebekah’s
arrest and how close my own children came to losing their mother. "I’m
sorry. . . . How did you find out you were pregnant?"
"I felt the baby kicking."
"You didn't go to a doctor?"
"My Dad is a Christian Scientist now. He doesn't believe in doctors. I'm
not allowed to go to them, or learn about health or anything."
I shook my head. "Are you serious?"
"Yes, in high school whenever the class studied health all the Christian
Scientists were excused."
"How long have you and Greg been together?"
"Four months now."
"The doctors say you were eight months pregnant when the baby was born,
did you know that?"
"No, I wasn't sure when it was due."
"What were you planning to do when the baby came?" I asked.
"Deliver it myself."
"You're kidding?"
"No, women have been doing that for centuries. I have a book."
"You were going to do it by yourself?"
"Greg was gonna help."
"What happened? Why didn't you call him."
"I don't know. I didn't realize I was in labor. It was too early."
"But you said you didn’t know when it was due?"
"Well, not exactly, but I had an idea."
I wondered if Sarah was telling me the truth. Her story seemed a little
rehearsed. "So what happened?"
"I was feeling horrible. I thought I had eaten something bad. After
Michelle left I went to sleep and that's all I remember."
"You don't remember the delivery?"
"No. I was sick, . . . but that's all I remember."
"So if you knew Greg for only four months he couldn't be the father,
right?"
"Right."
"So who do you think was the father?"
"Ricky, I guess."
"Who is Ricky?"
"Richard Stein, he was my boyfriend before Greg."
"Is he the only other man you've had sex with in the last year?"
Sarah thought a moment."Uh huh."
"You’re sure?" I said.
"Yes, that's all."
By this time an unsettled feeling had come over me. I had so many tough
questions to ask Sarah but I knew if I wasn't very delicate and tactful she'd
clam up on me.
"What made you end your relationship with Ricky?"
"He was into drugs and had a hot temper. One night he was stoned and
beat me up."
"Is that right?"
"Uh huh."
"I don't suppose you reported it to the police, did you?"
"No. I didn't want anyone to know."
"Did you ever do drugs?"
"Once or twice, but nothing heavy."
"When's the last time you've been on any drugs?"
"I haven't taken any since Ricky left. I wouldn't know where to get
them."
"Does Greg do drugs?"
"No, he's straight as an arrow. He even goes to church."
"You know, not too many people are going to believe that you can't
remember delivering your baby. You understand it's kind of hard to
swallow."
Sarah began to choke up. "I'm telling the truth. I don't remember
anything! I wish I could remember something, believe me. Michelle shouldn't have
taken me to the hospital, damn her! This whole thing has been a nightmare."
Sarah began to cry harder. I looked around awkwardly and then went over to
her and put my arm around her.
"Okay, okay. Calm down. I don't think you killed her. I'm not sure why,
but I believe you."
"I'm telling the truth, Mr. Turner. I don't remember anything."
"Okay, Don't worry, we'll get you through this somehow. I don't know how
exactly, but we'll figure something out. Just don't cry. It will be
alright."
Sarah looked up, then she put her arms around me and wept on my shoulder.
After she had regained her composure I left and went back to the waiting room.
Tom was sitting on the sofa waiting anxiously. Joyce was on the telephone
talking to someone.
"Stan, how did it go?" Tom asked.
"Okay, I guess. She says she’s sticking to her story that she doesn't
remember anything. After talking with her I don't feel like she's the type who
would murder her own child. But, I don't know. Just conveniently forgetting what
happened is not going to hold water very long. If she does remember but doesn't
want to admit it, we're going to have a tough time defending her. She's going to
have to level with me. I need to know the truth. If she really doesn't remember,
then we may never know what happened."
"She would never kill her own child. She's a wonderful girl, Stan.
You've got to believe me," Tom said.
"Did she tell you why she didn't tell us she was pregnant?" Joyce
asked.
"I can't really go into anything she said."
"I understand. Will you take the case?" Tom asked.
I hesitated and then replied. "Well, I do believe she's innocent. I
don't have any evidence to prove it, but my gut feeling tells me she is." I
looked at Joyce and continued, "Judging from the look on your wife's face,
you and I may be the only two people in North Texas who feel that way. Despite
what the law says, there's going to be a presumption of guilt here, Mr. Winters.
I'm sorry to tell you, but that's the way it's going to be."
"You didn't answer my question. Will you take the case?"
I hesitated again wanting so desperately to say no, no way would I touch this
case. The words, however, wouldn't come out. I kept seeing Sarah's sad,
desperate face. How could I refuse her pleas for help. A motherless child with a
drunk of a father, how she had made it to college was a miracle in itself. She
deserved a break.
"I suppose I will, I guess, if you still want me to after what I've told
you. I hope she's telling the truth, though." God, I hope she's telling
the truth!
"I understand you don't have a lot of experience, but you believe
Sarah's innocent and that's what's important," Tom said.
"How much will it cost?" Joyce asked.
"A lot," I replied as I began to contemplate what kind of retainer
I would need. With Snake involved I knew I'd have to get a substantial retainer
or he wouldn't want to get involved. "This is going to be a pretty
complicated case and there are a lot of unanswered questions. I'll only take on
the case if you all are prepared to do whatever it takes to win. I hate to
lose."
"That's what we want," Tom said.
"Good then you'll need to come by my office tomorrow to sign a fee
agreement and bring me a $10,000 retainer."
"You need $10,000 tomorrow?" Tom gasped.
"Yes, because it's easy to say you're committed to the cost of the
lawsuit, but I can't pay my bills with commitment, my creditors only take
cash."
"Okay, I'll see what I can do," Tom said.
"Good, I'll see you tomorrow then."
"Right."
I got up and walked out of the waiting room. As I started down the long
corridor I realized I hadn't given Tom my card so he'd know where my office was
located. Quickly I did an about face and walked back to the waiting room. As I
approached, I heard voices arguing so I stopped at the door not wanting to
intrude. I couldn't help but overhear the heated discussion.
"Where do you think you're going to find $10,000?" Joyce said.
"We can't afford that kind of money to defend Sarah. Just let the state
appoint her an attorney. We don't have any obligation to pay for one."
"No, the Lord led me to Mr. Turner for a reason. I know he's the right
man to protect Sarah."
"I’m sure the attorneys in the public defender's office are quite
competent. It's just plain stupid for us to spend our life savings and maybe go
into debt to hire an attorney when Sarah could get one free."
"I'm not arguing with you," Tom said. I'm hiring Stan Turner
whether you like it or not. Somehow we'll find the money to pay him. I'll go to
the bank tomorrow and get a loan. We've just got to know the truth. God will
help us through this somehow."
"This is so stupid. We could spend $50,000 on this trial. We’re
already paying a mint for Sarah to go to college."
"Okay, just shut up! Shut the hell up! I don't want to talk about it
anymore. If it was Nate facing a murder charge you wouldn't mind coughing up
fifty grand."
"That's different," Joyce replied.
Tom looked at Joyce. "How is it different?"
"Nate’s got a future. He's going to the NFL. Someday he'll be a
superstar."
"So, Sarah might end up being the damn President."
"Yeah right, Sarah has always been a loser, I mean she's got to be
pretty damn sick to kill her own baby!"
Tom glared at Joyce. His face began to turn red with rage. "If you would
have been a decent mother, you'd of taught her a few things about sex and being
a woman so this wouldn't have happened!"
"Oh. Don't you dare blame this on me!" Joyce said as she began to
cry.
Joyce and Tom's argument was becoming so loud the charge nurse had taken
notice and was walking toward the waiting room. I decided it was time to make my
exit. Jodie could call Tom and give him the office address in the morning.
A sudden rush of guilt overcame me as I walked down the corridor
contemplating the argument I had inadvertently overheard. Ten thousand dollars
was a lot of money and I knew from experience how difficult it was to fund a
murder defense. Perhaps I shouldn't have insisted on such a big retainer. I knew
if Snake hadn't of been involved I would have settled for a lot less. Sure, that
would have been risky but I wouldn't have felt so much like a vulture feeding on
my client's misfortune.
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