A week later, Ben was back with another motion. This time he had an affidavit from Mike detailing the entire police investigation, not only of the death of Christopher Sentz but also of Joslyn Thomas. A subsequent, more intensive investigation at the crime scene revealed evidence that Joslyn's accident had been engineered, then covered up, by a third party-Christopher Sentz. He also detailed the investigation into the cesium robberies and how they related to the Thomas case, and noted that Peter Shaw had perjured himself at trial and others might have done so as well.
The judge admitted that he was impressed. He admitted that it appeared the whole truth had not come out at trial. But he saw no clear indication of anything that likely would have altered the jury's verdict. Mike was unable to explain what had happened in that hotel room. Motion denied.
Dennis had sat beside Ben for both hearings. Ben had warned him that this was a difficult business and that he should not get his hopes elevated. But how could he not? He was a human being. How could he help but hope that this would be the time he finally found justice? But it never happened. Ben let him down again, just as he had done at the trial.
And every time, Dennis looked a little older, a little more tired, a little more beaten. It had only been three months, but his hair was already grayer. His eyes sagged. His skin was pale, almost translucent. This was not a man who needed to be in prison. Or who, Ben suspected, would survive long there.
"The point of this third appearance, your honor, is that we have even more newly discovered evidence. And this time it's being provided by the district attorney's office."
Judge McPartland raised an eyebrow. He looked over at the prosecution table. "Is this true?"
Guillerman nodded. He didn't look happy about it. Truth was, Mike had orchestrated the whole thing, and it had taken a long time. He had to get the cooperation of a host of law enforcement officials, both state and federal. Eventually he brokered a deal. Shaw received a reduced sentence-and his sister was guaranteed medical treatment. In exchange, he agreed to testify at this hearing. Once Mike had the whole matter arranged, Guillerman had little choice but to go along with it.
"Very well then. Mr. Kincaid, please call your witness."
"I see now that my head was all messed up. I couldn't think straight. I wasn't sleeping well. Drinking too much. Taking pills to help me stay calm. You got to understand-I've never been married. I have no children. My sister is my whole world. The one who was always there for me. The one who stood beside me when the rest of the world couldn't care less. I could not watch her die because we couldn't afford the health care she needed!"
Shaw, like Dennis, had also changed much in the three months since the trial. He'd lost a good deal of weight. He'd shaved his goatee. His skull was stubbly. Ben knew he had spent most of that time incarcerated at the Tulsa County Jail. Perhaps he did not have access to the usual grooming tools.
But Ben also sensed a certain calm about him. A rectitude, perhaps. As if, now that all the secrets were out, he didn't have to hide anymore, and he was relieved about it. Better to bask in a harsh sun than to cower in shadows.
"I was horrified when I heard what Chris had done. Driving that poor woman off the road like that. Covering it up. She never did anything to anyone. She spent her days trying to help the sick and dying. And this was her reward? Just because Dr. Sentz was sloppy? It wasn't right."
Ben felt Dennis flinch each time Shaw talked about the horrors that had been visited upon his wife, but somehow he managed to keep it together. Ben didn't know how. Perhaps Dennis had also acquired some strength during the intervening months.
"I knew Chris was stonewalling the investigation. I thought it was a mistake. Better to seem to cooperate than to create suspicion. But he didn't see it that way. He was afraid she might still be alive-which was correct, as it turned out-and he didn't want her found anytime soon. That's why he was so upset when he found out what Officer Torres had done. He was afraid he would be found out. Didn't happen. He overreacted. And his overreaction set the whole drama into motion.
"After the body of Parsons was discovered, dead from radiation poisoning, the Tulsa police began an investigation into the murder, and then later into the cesium smuggling operation. Unfortunately, since Sentz was in charge of that one, too, it never got anywhere. He figured the safest way to make sure the cops never got close to him was to run the investigation himself. The stakeout at the Marriott was a big smokescreen based upon faked nonevidence. The irony was, we were the smugglers we were supposedly hunting."
Behind him, Ben saw reporters scribbling furiously. The clickety-clack of laptops had been deemed too distracting, so they were forced to resort to pen and paper, which for many of them, Ben suspected, was a new and strange experience.
"I totally used Dennis Thomas. Dr. Sentz knew his stupid guilt-ridden brother had to be eliminated, but he was too weak to do it himself. He just made little hints, you know? Basically hoping someone else would do it, so he wouldn't have to come face-to-face with what he was-the kind of monster who could contemplate killing his own brother. So I drugged Dennis Thomas. He was our patsy. He took the fall, and covered up our whole operation in the process."
Beside him, Ben felt Dennis's arms shaking. Seething with anger? Furious about the great injustice that had been done to him? Or trembling with anticipation? Perhaps he was beginning to feel, as Ben did, that this time the result might be different. This time the evidence went into the hotel room.
"Mr. Guillerman, would you like to cross-examine?"
"No," he answered succinctly. "I have no reason to doubt anything the witness has said."
Ben's eyes widened a bit. He was not only not challenging but implicitly endorsing the witness. A brave move from the district attorney who had fought to put Dennis away. He was signaling the judge that even if his office did not allow him to support this motion, he certainly did not oppose it.
After Shaw finished testifying, he was taken by two marshals and escorted back to the jail. Eventually he would be moved to prison, where he would serve several years. Given all that he had done, the deal let him off easy. But it would be worth it if it got Dennis out of the coveralls.
"Is there anything else?"
Both attorneys shook their heads.
"Very well, then. I want to check a few precedents and gather my thoughts. Please do not leave the premises. I will render a judgment before the close of business today."
Christina and Ben looked at each other. They weren't even going to say what was in their heads, as if voicing any hopes might jinx them.
Dennis did not have the same control. "He's thinking about it, right? We know he's at least thinking about it?"
"We do know that."
"But what if he denies your motion again?"
"Then we take it to the Court of Criminal Appeals. Justice Johnson and that lot. At least now we've got some real issues."
"But no sure thing."
"That doesn't exist in the legal world."
"And that will take a year to be heard?"
"At least."
Dennis fell silent. Ben took his hand and squeezed it tightly.
That wasn't much. But at the moment, it was all the attorney had to offer his client.
Like all breaks, this one gave Ben a chance to contemplate everything that could possibly go wrong. It was still possible that the judge could dismiss the testimony as lacking credibility, since Shaw was a known perjurer and he had basically sold his testimony to get a lighter sentence. It was possible he could find any of a thousand other flaws as well. And Ben contemplated each and every one.
He was greatly relieved when the judge finally returned to the courtroom.