He took deep breaths, trying to calm himself. There was no point in panicking, he muttered. Then again, was there any point in remaining calm? Was there any point in anything? He would be dead in six hours. His body was melting!
He wished he'd had a chance to say goodbye to his father. He did regret that. Maybe his ex. She had hurt him badly, but he had loved her once and in some part of his heart that would never change. He would have at least liked to have dropped by and said something to her, tried to patch things up. Before he melted!
Why did people play with this stuff? Did they not understand how dangerous it could be? How could we possibly justify keeping any kind of radioactive materials around for any reason at all? Anyone who thought that was a good idea should have to sit with a tube full of cesium on their chest for a while and see if they changed their minds.
He wondered what had happened with Ben and the trial. That was the worst part of this, knowing he had let Ben down.
Who was he kidding? Melting alive was the worst part of this. But he did worry about Ben. The Skipper had done so much for him over the years. What had happened? He had no sense of time, but he knew the trial was winding down even when he was last conscious, back in Tulsa. What would happen to Ben if he lost? There should be some way to convey the information he had obtained, before…
Before he boiled.
He closed his eyes and prayed, prayed like he hadn't since he was a child. He knew better than to ask for deliverance. That kind of miracle did not occur anymore. He asked for assistance for Ben or, failing that, for comfort. He asked for happiness for his friends, his family. His ex. Everyone back at the office. And then he prayed that the radiation would kill him quickly, before he had thoroughly experienced the excruciating pain he knew was soon to follow…
The sun was still beating down on his face when he first heard the sound of a car engine. More hallucinations. Only explanation. Could he not, please, get the one about the bright white light? Because he was ready to be out of this…
The footsteps came so loud and so fast he thought they were going to trample over him.
"My God, is that what I think it is?"
"Yes. Get the freaking pig!"
More footsteps. Loving felt something hard brush against his chest. He hated to open his eyes. He knew it would only lead to more delusions. But it was hard to resist…
"Mike?"
"I'm here, buddy. Sorry it took so long."
"Mike?"
"Don't try to talk. You've been out in the sun too long. You're severely sunburned."
"Is… that what it is?"
"Yes. We caught Shaw and his friend just down the desert a few miles. Thank God you put that tracker on the truck. After you were nabbed, I got the transponder screen out of your van, but I didn't know the frequency. Figured it out eventually, but by that time they were out of range. Knew they were going to New Mexico, though, from their text messages. Called the local authorities and got a helicopter to track down the signal. That's how we found you."
"You're… talking too fast."
"Sorry. Doesn't matter."
Loving felt the tension in his arms and legs relax. They had cut him loose.
"Don't try to stand. We're wearing hazmat suits. We'll carry you back to the truck, then copter you out of here. You've been exposed less than an hour, so you should be okay, but we're still going to fly you into Los Alamos for a very special chemical shower."
"That sounds… nice."
"It will do the trick."
"Need to call… Ben."
"Doubt if he's in a very good mood. He lost that trial."
"What?"
"Yeah. And you know how he is."
"But-Dennis is innocent."
"I know you think so, but-"
Loving grabbed Mike's arm. "I know he's innocent. Shaw told me so."
"What? When?"
"Let me get to Shaw. We'll make him a deal. Get him to testify."
"First we have to get you that shower. I can't guarantee the DA will make any deals. Or that Shaw will cooperate."
"He will. Now that it's over." Loving was so tired. Maybe it would be okay, just for now, to rest. For a little while. "He'll do it."
"Maybe if we can make it in his own best interest."
Loving shook his head slowly. His body was beginning to relax, and he wasn't even out of the sun yet. "He'll do it for his sister."
41
"Mr. Kincaid, I know why you're here. Again. Do you recall the last time?"
"I do," Ben said contritely.
Judge McPartland pointed his gavel. "Then you may recall my telling you that if you brought another motion before this court, without new grounds, I would cite you for contempt and throw you in jail."
"I recall that distinctly, your honor."
"It is one thing to be a zealous advocate. One cannot help but admire that. Up to a point. But when the trial is over, it is over. Your remedy, if any, is to appeal to a higher court, not to keep badgering the trial court."
"Yes, sir. But an appeal takes a year or more. A motion to set aside-"
"I don't need a lecture on trial procedure, Mr. Kincaid."
"No, sir."
"Especially not during your third attempt at the same motion. You are very lucky that I have not already-"
"He's innocent!" Ben exclaimed.
A hush fell over the packed courtroom. Despite the fact that most of those in attendance were reporters, there was not so much as a cough. Perhaps they were stunned that he had raised his voice. Or perhaps, like Christina, they thought it was long overdue. If dangerous. Especially with an old-school judge. Good thing he'd brought a toothbrush…
"I am aware of your position, Mr. Kincaid. And I do not doubt that you genuinely believe it. But we have rules and procedures in this justice system of ours. Surely you must realize-"
"I've been down this road before," Ben said firmly. "Trying to get someone out of the clutches of the criminal justice system when I knew he was not guilty. Seeing a good man rot away in prison because the wheels of justice turn so slowly."
"I admit the system is flawed-"
"But no one ever wants to do anything about it. That's why so many trials go bad. That's why more than a hundred people have been released from death row because DNA evidence proved the criminal justice system totally screwed up. That's why-"
Behind him, Ben felt Christina tugging at the back of his coat. He coughed into his hand. "But I digress…"
Since Dennis Thomas's conviction, Ben had alternated between halfheartedly planning an appeal and mostly wallowing in his own guilt. He should've done this, he should've done that. Nothing made him feel better. Despite Christina's best efforts to bring him out of his funk, all he could think about was the fact that there was a man in prison-a man on death row, no less-because he'd let himself be outmaneuvered by a sharp district attorney positioning himself for reelection.
Then he got the call from Loving. Mike, actually, on behalf of Loving. Slowly he was able to put the pieces together. Within twenty-four hours, he was back in front of this court with a motion to set aside judgment based upon newly discovered evidence. Ben presented an affidavit from Loving in which he described in detail everything that Shaw had told him. The intentional killing of Joslyn Thomas. The deliberate refusal to investigate. The drugging of Dennis Thomas. The cesium black market operation that lay behind the whole complex drama.
His motion was denied. The judge took it all into consideration, but he noted that the standard for setting aside a jury verdict was very high, and rightly so. Otherwise there would never be any finality in any case. He noted that the affidavit had been sworn out by someone who worked for the defense attorney, which of course went to its credibility. He also noted that it was all hearsay, a form of evidence disfavored by the courts, and that Loving had recently been drugged and was suffering bouts of memory loss as a result.