Vengeance, A Legal Thriller

PROLOGUE

Monday, January 8, 2018, Georgetown, District of Columbia

Someone was trying to kill her. But Charlotte Estes had no idea who. Or why.

For months there had been footsteps behind her in the Metro at night. Yet when she’d glanced back, no one had been there. When the footsteps had stopped, there had been the car that had almost run her down in the crosswalk in front of her office at lunchtime. The witnesses had all said it looked deliberate. Detective Merrill of the D.C. police had warned her to be careful.

It was freezing outside when she closed the door of her townhouse on O Street at four o’clock, ready to do her favorite neighborhood run for the last time. The ink had been dry on the merger agreement with Goldstein, Miller for months. The Estes Law Firm’s offices on K Street had long been emptied, and the firm’s sixty-five attorneys had been disbursed throughout Goldstein, Miller’s web of national and international offices. She, alone, had remained behind to oversee the final arrangements for the end of the criminal defense firm that she and Matt had built together. Now The Estes Firm and Matt were dead, and the bits and pieces of her life with her husband were boxed and ready for the moving van in the morning. She was headed back to San Diego where she had been born.

She began to run slowly to warm up, but also so that she could savor the quaint, European atmosphere of her neighborhood for the last time. When she reached M Street, she passed the red brick townhouse, sandwiched between the antique store and the Thai takeout joint, where she and Matt had started their firm in 1985. Her eyes misted over as she pictured her husband as he’d been in those days. Dark hair, gentle gray eyes. A trim five feet, eight, with a ready smile, a generous disposition, and a keen intelligence. She had never imagined her life without him. Yet here she was, running from their shared past, looking for the comfort of oblivion a continent away.

When she reached Wisconsin, she turned left and headed for the path along the C & O Canal. The late afternoon light was thinning, and she knew for security reasons she shouldn’t go far because sunset was imminent. But she wanted to say goodby to one of her favorite places, a place where she and Matt had often run together in the days when she’d never imagined anyone or anything coming between them.

She increased her pace when she reached the canal path. Her father, the track coach, had taught her how to maximize her endurance. Obviously she hadn’t the speed or the mileage she’d had at UCLA all those years ago when her track scholarship had paid for her undergraduate degree. But if her father were still alive, he’d have been proud of the distance she still covered every week at age fifty-eight.

Overhead, the trees were bare and brown. It was hard to believe that in twenty-four hours she’d be in the lush, eternal sunshine of Southern California. She had mixed feelings about leaving her home of more than thirty years. But Matt had been gone since mid-November, and she wasn’t making any progress with moving on with her life. Every street corner, every restaurant, every nook and cranny of their house on O Street was full of memories that haunted and tormented her because she could not understand why Matt, the one person she had trusted without question for over thirty years, had died in another woman’s bed.

There had been no sign that anything was amiss in their marriage, she thought as she ran. Or had she been too quick to overlook the nights he’d stayed late at the office in the months leading up to his death?

The sunlight was dissipating rapidly. The D.C. detectives had warned her about what she was doing at that very minute. Another reason to leave town. Surely whichever disgruntled, but unidentified client, had tried to run her down on K Street in early December wouldn’t bother to follow her all the way to San Diego. Today was her anonymous assassin’s last chance. Death threats came with the territory of criminal defense work. But actual attempts were rare. Charlotte turned back toward home, suddenly aware that she’d pushed the envelope farther than she’d intended. She quickened her pace yet again. And then she heard the crack of the rifle shot coming from the trees behind her.

Coming soon! For more information, check out https://deborahhawkinsfiction.com

In Defense of Defending Our Work as Authors

Are authors allowed to defend their work? Is an author a bad actor for speaking out in his or her own defense?

When I published my first novel, Dance for A Dead Princess, in 2013, I quickly learned that, according to prevailing professional standards, an author exhibited bad manners if he or she responded to a critical review. Fellow authors informed me that no matter how wrong a reviewer had gotten the plot or the characters or even the spelling of my name, it was strictly forbidden to answer back. Strictly. Even the ad hominem attack, the lowest form of argument, could not be answered. I was also informed that, by and by, I wouldn’t even bother to read the reviews.

I can’t say that I ever stopped reading reviews entirely. Feedback from readers is important. Language is inherently ambigious; and sometimes the words that seemed so clear when I wrote them didn’t fulfill that promise. Reviews help authors understand what their readers understand. And obviously that is critical to being a good storyteller.

But based upon the views of other authors, I came to see the review arena as off-limits to me as an author. I could stop by like a hovering ghost and observe what was taking place below, but I couldn’t reveal my presence in any way. For a long time, I abided by the notion that authors were supposed to suck it up in silence no matter how foul or untrue the blow the reviewer administered. Sometimes it felt like being slapped across the face and not being able to cry out in pain.

I think the first time I wrote a response to a reviewer was after I published my first legal thriller, Dark Moon.  In Moon, Sarah Knight, the main character takes on the defense of Alexa Reed, who allegedly has killed her ex-husband, the son of Coleman Reed, a sitting United States Supreme Court Justice, and a psychologist who has been a fixture in the San Diego legal community for longer than anyone can remember. The legal community is solidly against Sarah’s efforts to prove her client innocent because of Coleman Reed’s influence and because of the community’s loyalty to the psychologist. The story makes it clear that both law enforcement and the judicial system are stacked against Sarah’s efforts to help Alexa Reed. So when Sarah has a nearly fatal accident in her car, she doesn’t call the police because she knows the police would do nothing for her.

A reviewer lambasted this portion of the plot as “unrealistic.” The reviewer’s theory was everyone calls the police when in danger and the “good cops” show up and dispense justice on the spot without regard to their personal bias. Of course, nothing could be further from the truth. So I wrote a few sentences pointing out that Sarah would have received no benefit from calling a law enforcement agency because all of them wanted her dead just as much as the person who had damaged her brakes.

Not long after that, someone else jumped on the “unrealistic” bandwagon. One of the things I have noticed about reviewers is that when one of them strikes a critical blow, several will crowd in quickly to try to strike harder blows on the same subject. To me, it looks like “roughing the kicker” in football, except there is no referee. And no fifteen-yard penalty.

After the “cops are unbiased and always good” reviewer left the building, another reviewer showed up to complain that the whole plot of the novel was “unrealistic” because “judges aren’t biased.” Actual case law will tell you this is not true, and I once reversed a murder conviction on that very ground: the trial judge was biased. So I quietly pointed out to “unrealistic reviewer number two” that I have been an attorney for more than thirty years.

After that, I made it a practice to point out inaccuracies here and there when I felt that a false statement in a review would deter another reader from giving one of my books a try. Not always and not often. And never to try to persuade the hater reviewer that he or she should have liked the book. Not everyone likes every book, and some people derive great delight in handing out poor reviews to every single book that they read. But I have made a few comments here and there to some of the more inaccurte reviewers because I would like the door to remain open for new readers to give my books an honest try.

This practice seems perfectly normal to me. In my “day job,” I regularly write replies. An appeal in California consists of the Appellant’s Opening Brief, a Respondent’s Brief, and an Appellant’s Reply Brief. In the Opening Brief, I tell the client’s story and give it five stars for reversal. In the Respondent’s Brief, the Attorney General gives my opening brief a one-star review. The AG says I’m wrong about the law and the facts and my client couldn’t be more guilty. And then in the Reply Brief, I explain why the AG is “mistaken” and has “overlooked” critical facts, giving the AG a two-star review at best. This whole process is more like a stately dance than an argument. Both sides use carefully chosen professional rhetoric. I suppose my decision as an author to break the “no reply to reviewers” taboo was simply an offshoot of what is expected of me in my “day job.” A lawyer is not supposed to remain silent in the face of a verbal attack on his client.

Recently, I encountered two criticisms of me for defending my novels. Someone on a Goodreads forum said “she answers back,” and in a Facebook forum that had nothing to do with books or reviews or even being an author, a gentlemen accused me of always replying to “one-star” reviews. He meant to vilify me as someone who refused to accept criticism. He had called me “childish” because I had written that I did not think Neil Gorsuch was an appropriate choice as a Trustee of the Williamsburg Foundation. I had replied that I am an attorney and in my professional view, the Foundation made a poor choice. The gentleman then shot back his purportedly damning “childish” label and made it clear that a woman who “speaks out” in any forum is a woman who does not know that “nice” women do not express or defend themselves. “Seen but not heard” was his major premise. And my crime was even greater because I am an author who defends her work. His position was based upon his belief that all Supreme Court justices deserve nothing but unswerving hero worship merely because of their positions on the court. (He should do some historical research on Justice William O. Douglas.) His logic was similar to that of the “good cops are never biased” reviewer. Enough said.

My position is this, right or wrong: I believe that all who participate in the artistic process have the right to be heard. The consumer has a right to describe his or her honest experience with that piece of art, however inaccurate that might be. And I believe that all creators, whether authors, painters, actors, or musicians, have the right to defend themselves and their art under appropriate circumstances and using appropriate words. I don’t think that being an artist takes away the right to speak up in one’s own defense. What do you think?

In Defense of Endings

Sometimes I stop by the “Reviews” section of my books on Amazon to see how readers are responding to them. I used to do that more often, but I came to see that the “Reviews” portion of each book’s Amazon page was, in truth, the exclusive province of my readers. It is their spot to offer praise, vent their frustrations, or to explain what worked for them and/or what didn’t. The only time I leave a comment in this otherwise off-limits world is when someone says my legal thrillers aren’t accurate about the law. Since I’ve been an attorney since 1981, I think it’s fair to speak in my defense on that subject.

But one reader comment that I have never spoken to in the “Reviews” section is the occasional claim that some of my novels have “contrived endings.” To me, a “contrived” ending does not fit organically into the rest of the story. A deus ex machina is my idea of a contrived ending. Deus ex machina means “god from the machine.” In case it’s been a long time since high school English class, deux ex machine is a plot device whereby a seemingly unsolvable problem in a story is suddenly and abruptly resolved by an unexpected and seemingly unlikely occurrence, typically so much as to seem contrived. That doesn’t happen in my books. The pieces that come together to end the story are laid down, one by one, as I write the novel. I think the readers who find the endings contrived” or “artificial” are missing the clues I’m scattering for them. Here’s a hint: in each one of my books, the ending grows out of the individual identities of the characters and out of the sum of their actions throughout the story. Pay attention to who they are and to what they say and do. When you get to the end, you’ll see that all the pieces of the ending have been in front of you all along.

Chaptet Two, Keeping Secrets, A Legal Thriller

CHAPTER TWO

Tuesday, January 3, 2017, Sussex State Prison, Sussex, Virginia

Tom Brower’s office was too warm, but Brendan didn’t care. The walk from his car to the prison entrance had been excruciating in the cold. Every breath had felt as if he was sucking needles into his lungs.

“Coffee?” Tom filled a styrofoam cup from the Mr. Coffee on the table by the door in his gray, government-issue office and handed it to him without waiting for an answer. He was the third warden Brendan had dealt with since taking over Ed’s case in 1986. He’d held the job for going on ten years.

Tom filled his own cup and sat down behind his big steel desk, littered with stacks of folders. “This is not the way I wanted to start the new year,” he said. “But that’s not news to you. I’ve never had to execute someone whom I’m certain is innocent. Can’t you get a stay?”

“I’ve got associates working round the clock. I called in the team yesterday morning as soon as I got the warrant. We’ve got sixty days. We’ll spend every minute trying to stop it. But you know that.”

Tom sipped his coffee, made a face, and put the cup down on his desk. “Don’t drink it. My secretary can’t count coffee measures. Ed doesn’t know yet, does he?”

Brendan shook his head. “That’s why I’m here.”

“Does he even suspect?”

“I don’t know. We’ve always talked about what we’re going to try next. The last time I was here, we’d lost that habeas writ before the Fourth Circuit up in Richmond.”

“That was new evidence, wasn’t it?”

Brendan sighed. “That’s right. The two witnesses who testified that Ed was having an affair with their roommate admitted that they had lied under oath. They had no knowledge of any affair. It was an important change in their testimony, but the court of appeal didn’t see it as significant.”

He remembered Judge Boyce, the lead judge on the panel in the Fourth Circuit, looking down at him from the bench and shaking his head. “I understand that these women have changed their stories. But I don’t see how that helps your client. The one who told the dean of the law school that your client was having an affair with her and wanted to marry her has never changed her testimony. There was ample evidence of motive, Mr. Murphy. Your client was unhappy with his wife, and he didn’t want the trouble and expense of a divorce, so he killed her.”

Allison Byrd. She’d testified at Ed’s first trial and then disappeared. Gordon had read her very damning testimony from that first trial to the jury in Ed’s third trial as Brendan had watched her claims sway all twelve jurors in the state’s direction. But she had been lying. There had been no affair. There had been no promise to do away with Anne, whom Ed still loved more than life itself. The dean had reprimanded Ed based on innuendo, hearsay, and gossip. Allison Byrd’s lies had put Ed on death row.

“What about a pardon from the governor or commutation of his death sentence to life without parole?” Tom asked.

“We’ve tried, over and over again. Anne’s family keeps buying the governor’s office to make sure that doesn’t happen.”

“Governor Reynolds might listen, though. Ed’s done so much good here. He’s helped the other inmates with their cases. He’s even gotten a couple of death sentences changed to life without parole. ”

“That’s the irony,” Brendan agreed. “He’s been able to save others but not himself.”

“I don’t get that.” The warden frowned.

“It’s the Fairfaxes again. Gordon’s right at retirement age, but he won’t step down because he’s constantly afraid we’ll get another reversal and another Commonwealth’s Attorney will let Ed plead to manslaughter for time served. That would have happened after the second reversal if Gordon hadn’t been the attorney on the file.”

“God, how I hate Gordon Fairfax, then. He’s putting me in an impossible position.”

“I know. He’s stepped way over the line between professional and personal. He called me yesterday to gloat. I didn’t give him a polite response.”

Tom looked out of the window beside his desk and studied the frozen landscape for a few seconds. Then he asked, “Does Ed’s son know?”

Brendan shook his head. “I’m going to tell him as soon as I’ve told Ed. Father Jim is on his way down from Richmond now to be with Ed after I’ve told him. We agreed that I should spend some time alone with him first, and then Jim should be with him.”

Tom looked relieved at the mention of Father James Lamb, the priest at St. Stephen’s in Richmond, who had been coming to see Edward Carter since Brendan took over his case. “I’m relieved to hear that.”

“You’re thinking suicide watch,” Brendan said.

“It’s required. You know that.”

“How long before you take him down to Greensville?”

“Not until a few days before the execution. He’ll still be here for most of his remaining time.”

Brendan studied the icy world that had caught Tom’s attention earlier. His eyes fixed on a puddle in the parking lot that was beginning to melt in the cold winter sun.

Why take lives, he wondered, when trials were such highly imperfect mechanisms to determine the truth? He thought of Emma’s steady dark eyes as he summoned his courage for what he knew he had to do. Medicine more often than law saves lives. At that minute, he wished he’d never made his way from his parents’ farm near Blacksburg to Virginia Tech and then to the University of Virginia Law School.

He felt Tom watching him and brought his gaze back from the melting puddle. “This isn’t going to get any easier no matter how long I sit here. It’s time to go see Ed.”

To see what happens next, click on the image below!

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