After the morning onslaught of news about Barnes, Evan Moore was even more curious about Bill’s involvement. No mention was made of lawyers or private investigators and he considered that a good thing. Some things were best left unsaid in the midst of a county scandal.
His ten o’clock meeting was with Mike who had been made aware if his impending release. Not that he was overjoyed…the boy was concerned and rightfully so. He would be on a sort leash for some time to come. Fortunately there would be a counselor involved to work out the family issues.
Mike had expressed his sorrow at leaving the nest, his word not Evan’s. He had made friends here and Evan said he should leave his address with the other boys he liked so they could write. Friendships made at the Institute often continued for some time afterwards. The group dynamic held fast for some of them.
But even if some of these boys were to end up incarcerated Mike could maintain contact. It might even be a lifeline to the outside for those who were given longer sentences. It was this Mike had spoken about since he was more worried about Tim than any of the others.
Evan could not talk about Tim’s case or the events which were swirling around in the media at the moment. But they would have the smaller group meeting that afternoon and Mike would tell the others he was leaving tomorrow. It would make for an emotional group session.
It was just after lunch when Evan became aware of the chatter going on among the staff about the press conference regarding Barnes. It was scheduled for two o’clock which was unfortunate because he would be holding group at that time. Ah well, he would see the results on the evening news unless Bill called first. He hoped it would be the latter.
There were five boys at the group session since Neil was over in the other meeting room with the tough guys, or whatever it was the man had started calling them. Evan didn’t like labels and he would never think of calling the group anything.
First thing, Mike made his announcement, and that led to hugs. First Alan, then Tony and then Tim gave Mike a hug and wished him well. Jimmy sat in the corner and sulked, but that was to be expected. Like Tony and Tim, if nothing was resolved in Jimmy’s case he would be locked up for a long time.
“I’m sure we all wish Mike well after his release,” Evan said.
“Do we have to talk about that?” Jimmy asked.
“No, that was just my way of opening up the conversation. It’s what we call in psychiatry approaching a subject from the oblique angle.”
“Does that mean the conversation is all downhill from here?” Alan said with a grin.
“Someone paid attention in geometry class,” Mike said.
“My point was to lead you back to what we consider old business from the last time we met,” Evan said. “What do you see in your future?”
“How far in the future?” Tony asked.
“Let’s start with five years or maybe ten, something that is difficult for someone your age to grasp.”
“If they lock me up ten years is gonna seem like forever,” Tony said.
“It will if you only see it day to day. The secret to long segments of time is to set goals and achieve them. That education we spoke about last time is one way to set goals. Think of the Johnny Appleseed story.”
“What story?” Tim asked.
“Doc told us that one several weeks ago,” Alan said. “Supposedly this guy travelled the country planting apple seeds which grew into trees. The point of the story was that not every seed germinated but he had planted so many of them that eventually there were apple trees everywhere. Success is not measured by how many ideas you sow but by the fact that you plant them. Did I get that right?”
“Very well put, Alan.” Evan smiled. “Time passes quickly when you get involved in producing something tangible, something you value. Then you will discover there is never enough time to do all the things you want to do. The idea is to seek out something you enjoy and make it your own.”
“And you think this will help me pass the time when I get locked up,” Tony said.
“You’ve gone from if they lock me up to when they lock me up,” Tim said. “You haven’t bought into Doc’s ideal. The concept of improving your mind, of planting the seeds of thought can happen inside or outside the prison walls. The wall may be a reality that traps your body but it doesn’t trap the mind.”
“What the hell have you been reading?” Mike asked.
Tim grinned. “I read some philosophy last year. You know…those French guys and maybe a Greek or two.”
“I read comic books,” Tony said. “I’m not ready for all this philosophy stuff.”
So Mike would leave and they would be four, Evan thought. The common thread in this group was irrational thought and inappropriate behavior, some of it sexual, some of it violent. Alan might think he had lot in common with Tim, but the motivation in their actions was very different.
Jimmy was the biggest concern Evan had in group. He had internalized so much he would probably require long term care. Alan would evolve if he got the medical treatment, although there was no cure for the vanity streak. Tony needed to grow up and would need oversight for a long time.
But Tim had killed, and that act of violence would eventually find its way into his conscious thought. The taking of a life, no matter what the reason, changed a person. He needed to externalize what he thought about the deed and bare his emotions.
Just as the group broke up for the afternoon Evan’s cell phone vibrated. He looked at the screen and saw Bill’s name.
“Bill…there you are. I was wondering what happened to you?”
“Have you got time to chat this afternoon?” Bill asked.
“Sure, I’m in that break time before dinner. Are you coming here?”
“Depends. What’s on the dinner menu, and do you have room for two?”
Evan chuckled. “You like our kitchen, I see. Sure, bring a friend and I believe we’re having barbecued chicken tonight.”
“How’s Tim?”
“Doing well. The boy has quite a mind. We’ll talk about that when you get here.”
“Be there shortly,” Bill said, and hung up.
This must have been quite a day for him, Evan thought. I wonder who he’s bringing. Evan hurried back to his office and hoped he would catch a little bit of the news before Bill arrived.
KUSA News 9 was featuring a four o’clock news special on Sheriff Barnes. Evan sat at his desk and stared at the small television sitting on the file cabinet against the wall.
“The latest in the Sheriff Barnes story was revealed at a two o’clock news conference this afternoon held by the State Police,” the newscaster was saying. “The former sheriff is now in state custody and went before a Superior Court judge this morning who denied bail of any amount.
“The ongoing investigation has uncovered Barnes’ alleged complicity in the manufacture and distribution of illegal drugs, specifically crystal methamphetamine. The former sheriff owned the property on which a lab for the manufacture of these drugs was found.
“Involved in the discovery of this drug lab was Edward Avery, a private investigator who was shot after finding the trailer in which the drugs were made. Dead on the scene was Leon Brown, the man working for Barnes in the manufacturing process.
“A few weeks ago we reported the death of Stanley Little who it seems was also tied to the illegal drug lab and Barnes. But Mr. Brown who died of a gunshot wound in a gun battle with Mr. Avery confessed to his participation with Barnes and revealed some shocking news.
“The State Police is all over that property now searching for bodies allegedly buried there by Barnes. Mr. Brown made his statement before passing away and the police are taking that information seriously.
“Meanwhile, officials where Barnes was sheriff are meeting at this hour to determine if there is any culpability by the county for the actions of its sheriff in any of these matters. Channel 9 legal experts say that during the sheriff’s tenure there were hundreds of convictions during which Barnes testified and now those court decisions may be in jeopardy of being overturned.
“The State Police have taken charge of the county jail and deputies department until a replacement Sheriff can be appointed for the five months remaining in that term. Search warrants for Barnes’ office and home were served and police combed both premises. There is no word on what they might have found.
“As you might imagine, Channel 9 News will continue to carry further developments in this case as they happen…” And Evan switched off the television.
* * * * * *
Eli felt sorry for the DA who was at the center of this major crisis. Dan Meeks looked like he had been up for the past forty-eight hours and living on caffeine…he probably had. But Dan sat at the head of the table with his two ADA’s while the five county judges lined the sides. The only judge missing was Malcolm Wilson, he had called in sick.
“The State Police are releasing this in dribs and drabs,” Dan was saying. “We can’t predict the final outcome but the charges against Barnes are piling up. They discovered two bodies up on that property just a few hours ago.
“I don’t think there is anything we can do to control the media frenzy, but most of that is currently aimed at Barnes. In time they will figure out how precarious a position we’re in about the drug convictions for the past four years, or is it five?”
Dan looked down the table at each of the judges and his eyes came to light on Eli.
“Judge Parker…any thoughts?”
“Besides changing our name to Cluster Fuck County I have no idea where to begin.”
“That’s not very helpful, Eli,” Dan said.
“I know, sorry. The financial responsibility to review these drug cases will have to be acknowledged. I imagine the lawyers will start filing later this week. I hope the Superior Court stays out of this but they won’t. The liability could be in the millions, but you each know how these things work.
“I was just handed the Witherspoon murders and this is going to involve that case because Barnes wrote the report. You tell me where this stops? That man made sure he was in control of everything his department did…that’s going to impact virtually every case we have on the docket for months.”
Dan Meeks nodded… just glad the county’s problems were not his alone. Now why didn’t that make him feel better?
“Where is Malcolm?” Judge Bryant asked.
“Malcolm is in the Barnes family. I imagine he’s considering retirement about now,” Eli said. That wouldn’t be too bad because then he would be senior.
“I guess we’ll just have to wait for the chips to fall,” Dan said. “I’m going to hire a group of clerks to review our court records on drug convictions involving Barnes. At least then we’ll know what to expect.”
“I suggest you also form a legal committee that can respond to the inquiries about those cases,” Eli said. He looked at the two ADA’s. “Your staff is going to need all the help it can get.”
“I agree,” Dan said. “A committee of four or five lawyers ought to do the trick. Why doesn’t each of you on the bench nominate someone? That will give the decision some weight when the press finds out.”
The judges all nodded and Eli wondered if Bill would be available. Now that Barnes had brought this drug business out in the open it was time to gather the troops and push for some changes in the legislature. The bad publicity alone was going to rock the state and maybe that could be used to their advantage.
“Before we break up this meeting,” Eli said, “I have another topic to add to our thoughts. If you research the prevalence of illegal drugs across the country, as I have during the past few months, you’ll see the states with the largest rural population are having the biggest problem.
“Meth labs have spread all across Kentucky, Tennessee and the surrounding states. The meth is easy to make and horribly addictive, making it the drug of choice. But that is only because of the availability of the chemicals involved. The main ingredient is pseudoephedrine, plain old cold medicine.
“It is not a prescription drug and despite the efforts of state lawmakers around the country it will remain easy to get. Why you might ask? Because drug companies want it to remain over the counter, they make millions a year on sales, over six hundred million last year alone.
“We made it easy for Barnes to manufacture his drugs, but his lab was infinitely smaller than what many drug gangs operate. There has to be consensus and pressure on the legislature to stop the over the counter sales. It has to happen soon before this epidemic spreads even further.
“That’s all I have to say, except I know this will not be the last drug case I will see in my court. Meth is a deadly drug that sucks the life out of the user. The medical costs to families and businesses will double in the next few years if we don’t stop the labs. I want to see a more proactive approach to enforcement. Perhaps a new Sheriff will accomplish that.”
* * * * * *
Evan was delighted to meet Sonny. Most men were even if they were married. She carried that young and attractive vibe so very well. Bill took it all in stride since he enjoyed it from a humorous point of view. The dinner was as good as Evan promised and he was a gracious host, even if there was no wine to pour.
Bill’s plan was to talk to Tim after they ate because tomorrow he was going to push for the plea bargain and the boy had the right to know what was on the table. He thought having Sonny there would be helpful since Tim would like her.
Evan agreed to the meeting, and Bill asked him to sit in. He was very aware that Tim respected the man and might even ask Doc what he thought. The final charge against his client would be the DA’s choice and always had been. The revelations about Barnes would only strengthen the argument on Tim’s behalf.
“Dead bodies in the ground is bad business,” Evan said, as he told them what he had seen on the newscast.
Bill related what they had discovered in the Barnes house and how that worked in their favor. Evan didn’t seem that surprised to hear that Barnes had been bribing people to win his election.
“At least we’re not on the list,” He said with a laugh.
“No, he doesn’t have enough money in the world to get my vote,” Bill said.
“So you’re convinced the DA will soften the blow on Tim because of all this?” Evan asked. “What if I told you I don’t think the boy ought to walk away from this without some consequences? He needs time to think about what he did, to bring his emotions in focus with what happened.”
“Is that what you’re going to recommend?”
“Prison is not the right place for Tim or any other juvenile his age. There are some very good residential treatment facilities around and I have one in mind. He ought to feel punished for his deed but it needs to be done in a gentle manner and in a place of healing.
“I think he’s ready for that. He’s an impressive young man and terribly confused by the events that brought him to this point. He’s quite philosophical about life, a thinker. Given the right set of circumstances he will make good changes and that’s all we can ask for.”
Sonny smiled. “Where were you when I was growing up?”
“I’d say you’ve turned out very well,” Evan said. “It isn’t everyone who can keep up with Bill and you’re a very important part of his team.”
“Tell me more…I’m listening,” Sonny said and Bill laughed.
Bill and Sonny returned to the office while Evan went to fetch Tim.
“He’s quite a man,” Sonny said.
“He’s quite a friend to me and all of his young charges. I keep thinking these are the kinds of people who need to be running our juvenile justice system. Warehousing kids isn’t the answer, they just become bitter, angry adults, and then we turn them loose. That creates a hardship on the rest of us.”
“You think the DA will buy into what Evan wants done?” Sonny asked.
“I think he’s open to suggestion. After all, Tim represents the last of Barnes’ criminal approach to law enforcement. I don’t think Dan wants the media to focus on that and we could make it happen.”
Tim arrived, gave Bill a hug and smiled at Sonny as he shook her hand. They all sat down and Bill noticed the boy’s hair was growing back to the point that he now looked like a fuzzy bowling ball.
“They were all down saying goodbye to Mike. He leaves first thing in the morning for court. They are dropping the charges against him,” Evan said.
Tim pulled an index card out of his pocket. “Mike gave me his home address and he wants to be friends even if I go to prison.”
Bill looked at Evan who nodded. “Well, that’s why we’re here, Tim. I have a meeting with the prosecutor tomorrow to discuss your case and I believe they’re going to offer a plea bargain.”
“What’s that mean?” Tim said.
“It means they don’t want to face you in a long court battle because they think we will win. From our point of view I want them to drop the murder charges and …”
“But I killed Stan…how can they do that, Bill?”
“I’m sure they now believe that you killed him in self-defense. That might lead to a charge of manslaughter but nothing more. As for your mother, I think we have enough evidence to sow doubt in the minds of a jury that you’re innocent. I believe Stan killed her.”
Tim nodded. “I think he did, too. So what’s the penalty for manslaughter?”
“It’s still a felony, they could give you ten years…but I don’t think that will happen,” Bill said. “At your age, and considering the self-defense angle after his assault, my guess would be two or three years maximum.”
Tim looked shocked. “You mean that? I won’t have to spend the rest of my life in prison?”
Bill looked at Evan “Doc?”
“No, Tim…prison won’t be the answer. I told Bill I think you ought to be in a residential treatment facility. It’s not much different than Barnhill, but there you will go to school. Remember our talk about the future? I think yours is now a little brighter.”
Tim looked overwhelmed and that became evident as he started to cry. He looked back and forth between Bill and Evan and then made his move. He stood up and threw himself in Bill’s arms. Evan smiled knowing the boy had made his choice of someone to love.
* * * * * *
It was just one o’clock on Wednesday afternoon when Bill and Sonny walked into the District Attorney’s office. This was one of the finest office suites in the county building since no one else ranked higher in the administration.
The room was big enough to hold major staff meetings. Dan’s working area and desk occupied one corner of the room while a conference table occupied another. It was there that Bill’s eyes focused on the players who were already in the room.
Barbara Lowe had a stack of documents by her side and that divided her seat from that of the County Coroner. Bill might have expected him to be there but another surprise guest was Travis Marsh who smiled and nodded when he caught Bill’s eye. That made sense since Marsh had been the first one on the crime scene.
But something was different…Travis was no longer wearing his corporal’s stripes. His uniform shirt was plain except for the name tag and the gold star pinned above his shirt pocket. Bill smiled at the change, knowing Meeks had made his decision. It was Sheriff Marsh now.
Just as Bill and Sonny took their seats on the opposite side of the table the door opened and Eli Parker walked in. This addition to the gathering was more than unusual since Eli was not supposed to be exposed to the evidence in a trial except in a duly established court.
“Sorry I’m late,” Eli said.
“You’re not late,” Dan said. “But before we begin I want Bill to know this is not meant to be a judgmental gathering. We’re here to solve a problem and we all know who is at fault. Travis Marsh came to me with some rather damning evidence the other day and we have since reopened the investigation into Stan Little’s activities.
“Having said that, Travis Marsh is no longer a Corporal but the new under-Sheriff for our county. He will remain in that position until the next election determines a new Sheriff. I spoke with the Governor this morning, he is all too aware of our predicament and he concurs that Travis deserves the position.
“Bill, you already know about the evidence Sheriff Marsh revealed and my only complaint with you is that these things were not reported to me right away. It affects the prosecution of your case, but that is one of the issues we have to deal with today.
“In your defense, Sheriff Marsh assures me you were both in a quandary as to who might be told. Considering you and your PI were investigating Barnes in pursuit of this case, and quite successfully I might add, there will be no repercussions. So now the Coroner has new test results to reveal that reflect poorly on Barnes’ judgment, if any of you still think that is possible.
“We had a skunk in our works, Ladies and Gentlemen, and we are well rid of him. So, back to the purpose of this meeting,” Dan said. He held up his hands and made motions as if he was washing them.
“If at all possible I would wash my hands of this whole Witherspoon case. The publicity from such a case will only pile more derision on our county, and at this point the media is like a rabid dog loose in our henhouse. We don’t need to give them any further cause to scrutinize us, and I believe Eli concurs.”
Eli nodded. “I understand this meeting is highly irregular, but Dan is an honest man and he came to me this morning to see if there was any way out of holding the Witherspoon trial. As a public event it would destroy what remains of this county’s integrity. So I am here to listen to the new evidence and offer my opinion privately, and I hope you will all remember you never saw me here.”
“I think we can handle that,” Dan said, and then he turned to Bill. “I know what’s in your briefcase and what you would like us to do with this case, you want a plea bargain. But before you go there I want you to know what I would like to see. May I tell you?”
“Please,” Bill said.
“I want to give the boy an award for killing that bastard,” Dan said. “The media is aware of Stan Little in connection with the meth lab. They are so far unaware that he was related to Barnes but that is only temporary I’m sure. That Barnes allowed a convicted sex offender to live here without registering is unthinkable.
“Because that cover up led to further sex crimes against young Witherspoon I would have prosecuted Barnes on that one act alone to the fullest extent of the law. I see Timothy Witherspoon as the victim in Stan Little’s crimes and would judge his death as self-defense.
“But Barnes was not finished with his diabolical cover up of the drug business because he removed a critical piece of evidence from a crime scene. In doing so he apparently attempted to frame young Timothy for the murder of his mother. The Coroner will speak further about that in just a moment.
“In all Timothy was driven to commit one killing and blamed for the other. Perhaps the killing of Susan Witherspoon isn’t as clear cut as that of Stan Little. But her killing has such a great burden of proof I cannot say we will meet that high bar of evidence.
“I expect Bill walked in here to urge a plea reduction to manslaughter for Timothy but I don’t even want to accept that bargain. I want to set Timothy free but I can’t do that. I don’t know how to do that but that’s why all of you are here. Help me find a solution…please.”
There was silence in the room. Dan’s honesty had stunned them all until Bill turned to Eli and saw the smile.
“If I may,” Bill said. “The intention of the law is that justice be served. The State motto carved above the door of the courtroom downstairs says: “Nil sine numine” which is Latin for “Nothing without Providence.”
“I was going to ask for manslaughter simply because I didn’t think it was possible to undo the arrest which is a matter of record. But Barnes made that easier by his malfeasance and I think our new under-Sheriff’s report should stand in its place. After all, he was the original deputy on the scene.
“But Providence is more than the divine care alluded to in our motto. It’s also the name of a private juvenile treatment facility outside of Colorado Springs and I would like to see Timothy sent there for a yet to be determined period of time. All this is based upon the recommendations of Dr. Evan Moore at Barnhill who has been treating the boy.
“The Providence facility isn’t cheap, but then the sale of the Witherspoon home would more than cover the cost. They will take in a troubled and abused boy and give us back a functional young man. Timothy will be eighteen in just a few short years and I would urge you to consider placing him there until he reaches his majority.”
He looked at the faces around the table and saw relief on Dan’s face. Bill smiled. “You were afraid I would make a big stink about Barnes, weren’t you?”
Dan nodded. “That was your winning hand, we both know that. I find your suggestion more than reasonable. We owe the boy that much.”
Eli stood. “Well, I have a date in court. I’ll leave you folks to hammer out the details after I leave the room. Oh, I can’t leave…I was never here.” He laughed as he headed for the door.
Dan pointed at Bobby Johnson, the coroner. “Tell Bill what your tests showed.”
Bobby paged through his report and put his finger on a page. “The swab you asked to be tested…Number Eleven…contained feces and semen. The DNA of the female victim matched the DNA in the feces which means it came from her son. The semen matched the blood DNA sampling from Stan Little.”
“That proves the boy was raped,” Dan said. “Bastard.”
Bill wanted to ask the man why he had not bagged or swabbed the hands of the victims and tested for powder residue. But he bit his tongue since Bobby had proved the rape allegation. This county had a long way to go when it came to modern forensic examination and perhaps Travis could begin to change that.
“So where are we?” Barbara asked. “Do we accept the reduction in charges to manslaughter and send him to this treatment facility?”
“Do you think that’s a fair and equitable solution?” Bill asked.
“I do,” Barbara said, “and not just because my boss agrees with you. I haven’t been living here that long and you know I’m new to the job. But there is something just and proper about sitting here considering the life of a young man and not fighting about it in the public forum.
“To prepare for this case I have been studying parricide murder cases across the country and discovered that much of the prosecution for each of them was heartless. The laws regarding juvenile incarceration have to change. Mandatory sentencing looks good on paper but in most cases it doesn’t take into account that the killer is also a victim.
“Only the defense seems to have a heart in such cases just as Bill has displayed the kind of community consciousness I wish we could all have.” And she turned to Bill. “I would like to meet Timothy before we read out his sentence. I want him to understand that we stand behind him and wish him well for the future.
“There will be other cases like this…well, hopefully not quite like this, but cases where young people do something terribly wrong for what they consider the right reasons. I want reason reintroduced to our body of law, I want judges to have a chance to display their wisdom, and I want boys like Timothy to find justice willing to guide them into the future.”
Barbara seemed a little embarrassed by her speech but everyone was nodding in agreement. Bill changed the astonishment on his face to a smile. Whoever had labeled this woman as the wicked witch didn’t know her at all.
“Thank you, Barbara,” Dan said. “I would like to sign on to this future you just espoused. I think we all know things will have to change around here. Not that we owe Barnes a debt of gratitude, but he will be the reason to make sure this never happens again. So, Mr. Sheriff, can we stand behind your report on what happened in the Witherspoon case?”
Travis nodded. “Yes, Sir. With Bobby’s new information I will have a new crime scene report tomorrow. Or at least I will try if the State Police let me have the Sheriff’s desk back. They still occupy our building like an invading army.”
“I think that is just about over,” Dan said. He looked at a list in a folder on the table, and then looked up at Bill. “Counselor, will you accept a court date on Friday in front of Judge Parker? I will make my motion for a reduction in charges to manslaughter at that time.”
“I will,” Bill said, “with one stipulation if I may?” Dan nodded. “I would like Assistant District Attorney Lowe to present the case to the court. It will count as a win for the prosecution since we will plead guilty, and I would very much like to see her get the credit.”
“Done and done,” Dan said, and then he laughed. “Now I have two of you politically savvy lawyers to contend with, heaven help me.”
Barbara couldn’t hide her pleasure, and Bill knew the legend of the wicked witch was dead.