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Chaptet Two, Keeping Secrets, A Legal Thriller

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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!

 

 

 

The Art of Asking

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In Amanda Palmer’s book, The Art of Asking (a book I highly recommend to all, but especially to anyone who is creative)  Ms. Palmer explains how she came to realize that the creation of art always involves asking and that asking is difficult because the outcome of asking is always uncertain.  The answer may be yes, but the answer may also be no.

 

Ms. Palmer, who has earned success as an alternative rock, punk singer, began her entertainment career as a human statue called the “The Eight Foot Bride.”  After leaving college, Ms. Palmer quickly abandoned her career as a server in an ice cream store when she discovered that she could make more money as a street performer.  She put on a wedding dress, painted her face white, and stood on crates in Harvard Square, holding a bouquet of day-old flowers which she rescued from florists shops.  When passers-by left money in the hat at her feet, she would “come to life,” lean down and offer them a flower from her bouquet.  Some people immediately would accept the statute’s offer, but others would walk away quickly, refusing the “bride’s” silent request to take the flower. A third group would hesitate, undecided whether or not to accept the offering.  In The Art of Asking, Ms. Palmer describes how the other bystanders would chant “Take the Flower, Take the Flower” to the Undecided.

I was getting ready to publish my new novel, Mirror, Mirror, when I finished The Art of Asking.  I realized that I was looking forward to putting the book out in the world for readers to experience and enjoy, but I was also reluctant to turn it loose, too.  That feeling seemed odd to me because I had been working feverishly every night after work to write the novel and to polish it for publication.  So why did I suddenly have stage fright?

I realized that asking readers to experience a new novel is difficult.  The answer from readers might be yes, or the answer might be no.  Indie authors are bombarded with “courses” to “teach” them how to launch a book, a process that is supposed to persuade many readers to say “yes” all at once to a new novel.  But I slipped Mirror, Mirror quietly into the ranks of ebooks on Amazon without any “guarantee” of any yeses.  I realized when I hit the publish button, that like the “Eight Foot Bride,”  I was holding out my “flower” and hoping many people with say “yes” to it.  That is the art of asking.

 

To hear Amanda Palmer’s TED talk about The Art of Asking,  go here youtube.com/watch

To see the Eight Foot Bride, go here youtube.com/watch

To read Mirror, Mirror, A Legal Thriller go here amazon.com/…book/dp/B0757GSP35/ref=sr_1_5

 

 

 

 

 

The Past – Slaying a Dragon

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The self-growth community, which likes to clutter my inbox with fantastic offers for $10,000 worth of free life changing bonuses if only I will divulge my e-mail, vociferously insists we must all LET GO of the Past. I sometimes wonder if the induction ceremony for an authentic, card carrying self-growth guru is to have his or her memory wiped like a malfunctioning hard drive.
Personally, I would miss my Past. Not all of it, you understand. But even the terrible, terrorizing moments taught me things that, having sweated blood and endured raw fear to learn, I would not want to forget. And aren’t we doomed to repeat the Past until we finally learn what It is trying to teach us?
The thing is, what would artists make their art out of if they didn’t have their Pasts? Sylvia Plath, without her miserable, doomed love-affair with Ted Hughes, would never have become a Great Poet. Ditto for W.B. Yeats who made a highly successful poetic career out of mourning his loss of the ever elusive Maude Gonne. And then there is the mysterious woman of Shakespeare’s sonnets. No lost love, no great sonnets. Thank goodness for the rest of us Plath, Yeats, and Shakespeare lived before the onslaught of self-growth emails insisting you can’t be Anybody until you LET Go of the Past.
And in my case, wiping my personal hard drive would be a rather long affair, since I have memories back to a very, very early age. Now, I am not one of those people who can cite chapter and verse every day of every week of my life. (I think that much recall would be boring.) But let’s just say I have some vivid and accurate recollections of certain major events before age three. And I’d miss them like I’d miss an arm or a leg if they vanished.
On the other hand, Too Much Past is the equivalent of those hoarding reality TV shows that I never watch. You know the ones, where some poor soul stills owns every McDonald’s wrapper and styrofoam Big Mac container that ever came into his or her life? The literary equivalent is poor Miss Havisham in Great Expectations.
I began to meditate upon the proper balance for The Past in my life this weekend when I finally rebelled against another Saturday and Sunday spent writing unbrief briefs and invited the sky to fall if it wanted to because I was LEAVING MY COMPUTER for the weekend. Something about rebelling against the lawyer’s code which says “real men work weekends” (note, I know I’m not a man and maybe I’m not real), always brings out the Tidy Up, Throw It Out impulse in me.
After tackling my guest room, which needed considerable tidying and spiffing, my eyes lit upon my garage floor, covered in boxes of files in pending, but not currently active cases, which were supposed to go to offsite storage weeks ago. My MiniCooper had been complaining that His garage was too full of things besides Himself. And he was right. So after bribing my Stronger-Than-Me son to move the boxes, I suddenly spied a shelf filled with old calenders dating back ten years.
When I retired from law practice and became full-time Mommy in 1986, I used to order those calenders from the Smithsonian and National Geographic that came as little coil bound books, week on one side, breathtaking photo on the other. I scribbled things like pediatrician appointments, play dates, and my few-and-far-between babysitter relief afternoons in them. But mostly I loved the ever changing artwork.
But then, the divorce settled like ash from Vesuvius over our world. My beautiful little calendars became part of my family law attorney’s files – alibis to prove what I’d been up to for the last eight years. And I had to once again put on the great grey mantle of law practice. In place of my lithe little photographic calendars, I had to order those big clunky green-striped DayTimers, six inches thick, which arrived each year with their own grey coffin of a box to store them in. Forever, apparently.
Then on Saturday afternoon I looked at those boxes as they sat on my garage shelf, neatly labeled like Old Father Time with the year of his reign on the spine, and I asked myself when was the last time I’d opened any of them. Answer: on December 31 of the year they had passed into oblivion. In fact, all the briefs’ due dates they had chronicled were long past. The cases were closed out, and I could barely remember the clients’ names. Here was my chance, I realized, to throw out a cumbersome Past that really was THE PAST. Here was a hard drive that had long needed wiping. Joyfully I seized each and every one and gleefully threw them away.

Green-Lined Day Timer

Green-Lined Day Timer


They come with their own coffins

They come with their own coffins


Smthsonian Engagement Calendar

Smthsonian Engagement Calendar


Smithsonian Calendar

Smithsonian Calendar

If You Don’t Look Up, It’s Not There

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Faint outlines of Australia and New Zealand remained on the downstairs wall after I wrote the painter his check and sighed with relief as he closed the front door. I called my son in for a second opinion, and he swore he couldn’t see them – at least from where he was standing. I tried to convince myself I could only make them out because I knew they had been there, sort of like the amputee who can still feel the severed limb. But I knew I’d backed the wrong horse and hired a less than competent painter. I supposed he thought I wouldn’t notice that of the three cabinet doors on the upstairs vanity, he painted only two. Didn’t he realize the chipped paint on the third was a dead giveaway?
Misjudgments are interesting. I have, at times, deemed someone incompetent who turned out to be quite an expert. Those are the good mistakes because I would rather think well of someone whenever possible. But, then, there are the days like this one when I’ve had to admit I’ve made the wrong choice. I could send this painter back a hundred times to eliminate the spots, but I would only become increasingly frustrated because if he’s known how to get rid of them in the first place, they wouldn’t still be there. Moral of story: better to cut my losses, tell myself no one else will notice Australia and New Zealand, and remember not to look up very often until I decide to hire a new and better painter. Of course, this is Time Number Three to paint that ceiling, so Time Number Four is entirely likely. Something in my karma attracts water damage to that spot in my house. Sigh.
But for now, I am reveling in having my stuff back in place. I am, without doubt, a “stuff” person. I love little nicknacks and the mini tableaux I can create with them on shelves and in unexpected corners of the house. A visually interesting environment is far more important to me than a Feng Shuied one.
I used to wonder if this were yet another character flaw that I might be duty bound to stamp out. But then I discovered www.theselby.com. Todd Selby goes about photographing creative people and creative spaces. And if you check his website, you will see artists are “stuff” people who love to create visual groupings with small objects. According to The Selby, I am not only a “stuff” person, I an an artist! Oh, joy. An excuse to avoid the Spartan environment of Feng Shui!
So I reveled tonight in putting back the fairy village that inhabits the top of my livingroom book shelves. I brought all the magic dragons out of hiding and made them lords of their respective kingdoms once more. I rehung the baskets my grandfather began to weave when he was in his 80’s and made throughout his 90’s (all autographed and signed). I snuggled the Big Bashful Bunny, the Medium Bashful Bunny, and the small Bashful Bunny back into their corner of the sofa. (They were inspired by a sofa in Anthropologie full of a similar bunny family at Easter a couple of year back.) Finally, I brought the mini-Teddies happily back to their house.
To celebrate, I poured myself a big glass of wine and sat down on the sofa to appreciate my world. Either an artist or a big grownup child lives here. Fine by me. And I reveled in the knowledge that I don’t have to be dressed and on my mark at nine o’clock in the morning to let anyone into the house to deal with Australia and New Zealand. I’ve gotten my house and my routine back, and I’m in un-Feng Shuied Stuff Heaven once more. Ordeal by Leaking Sink and Painter is finally over.

Leprechaun in the Fairy Village

Leprechaun in the Fairy Village


More Fairy Village

More Fairy Village

Happy Sheep

Happy Sheep

The Teddies are Home

The Teddies are Home

Magic Dragons Happy to Be Back

Magic Dragons Happy to Be Back