“The prosecution contended back then that Mr. Evans swallowed a bottle of pills. Yet we find out today that they cannot find any pharmacy that prescribed the pills, and that Mr. Evans would have had to eat them dry, without using water. Such a technique would have been masochistic, in addition to being suicidal.
“The prosecution contended back then that Mr. Evans’s dog was on board the boat; they presented eyewitnesses that were quite clear about it. They told the jury that he killed that dog by throwing him overboard, and then described the act as evidence of his depravity.
“Now we know with certainty that they were wrong. We know that Reggie is very much alive and that rumors of his death were, shall we say, exaggerated. There is nothing anywhere in all the hundreds of hours of investigative work, or anything presented at trial, that can come close to explaining what you saw in court here today. Reggie’s very existence means that someone else was on the boat that night, and it is very likely that the same someone else was the murderer. Certainly, there is nothing in the record that says otherwise.
“Reggie is alive, and because of that, the prosecution’s theories are dead in the water.
“Also revealing is what the prosecution didn’t say in that trial back then. They offered no evidence of motive, and no claim that Mr. Evans had ever showed violent or suicidal tendencies.
“Now, I am aware that they were not obligated to present motive, but juries usually want to hear it. But back then it wasn’t necessary, because the evidence as presented seemed so clear. Well, now it’s not so clear, and the absence of motive and previous tendencies becomes far more significant.
“Your Honor, we are not talking about reasonable doubt here. We are talking about overwhelming doubt. If we knew then what we know now, only the most overzealous of prosecutors would have brought the case to trial. And there’s not a jury in America that would have voted to convict.
“Richard Evans has spent five years of his life in prison for a crime he did not commit. The love of his life was murdered, and he was not allowed the space and freedom to grieve. He himself was nearly killed, and no one looked for, much less found, the actual guilty party.
“The truth, as always, will ultimately win out. It sometimes comes in strange shapes and sizes, and this time it came walking in on four paws. But it is the truth, and by recognizing it, you can start the process of giving Richard Evans his life back.”
* * * * *
I’VE NEVER BEEN much of a fan of self-discipline.
It generally collides head on with my enjoyment drive and rarely survives the collision. It makes no sense to try to force myself to do something I don’t want to do, since if there were a good reason to do it, I would want to do it in the first place.
But we are now entering a phase where self-discipline must rear its ugly head. It is going to take anywhere from a week to a couple of months for Judge Gordon to announce his decision about a possible new trial for Richard. We must work hard toward preparing for that trial, while knowing that if it’s not granted, our efforts will be totally wasted.
The thing I can most liken it to is betting a parley, which is a bet that requires winning two games to be a winner. If one of those games has already been played but I don’t know the result, I would root for my team in the second game, knowing that it might be a waste of time because, if I lost the first game, the second one doesn’t matter.
I’m going to have to work to develop a compelling case for Richard, but if we didn’t win the hearing, then it won’t matter.
At times like this I am particularly glad I have Kevin as my partner. He will keep me moving forward, both because he is a more dedicated attorney than I and because he is a more optimistic one.
Kevin thinks our performance in the hearing was a winning one-a “slam down,” as he puts it. Kevin is not a sports fan in any sense, and what he means to say is “slam dunk.” Or maybe “grand slam.” Or “touchdown.” With Kevin it’s often hard to tell.
I arrange to meet him at the office at nine o’clock in the morning, which will give us an hour alone before Edna arrives. We spend only ten minutes rehashing the hearing; we did the best we could and just have to take it on faith that it was good enough.
So now we have to start investigating full-time, which would be easier if we had the slightest idea how to do that. All we know is that a supposedly dead Army guy tried to kill me and that the government tried to bug my conversations. The list of things we don’t know could fill the Library of Congress.
“It has to involve Richard’s job at customs,” Kevin says, advancing his theory. “The bad guys who tried to kill you must be smuggling contraband into the country, and they’re afraid you’re going to find out something that screws up their operation. The government is tapping your phone to learn whatever it is that you come up with.”
Neither Kevin nor I have any idea how to penetrate the customs operation at the Port of Newark. Keith Franklin, who told Karen he would call, has still not done so, and we’ll have to get her to contact him again.
Edna arrives and dives into the New York Times crossword puzzle. She likes to get it done before lunch so she doesn’t have it hanging over her head when she gets back. That way she can devote the afternoon to talking with family and friends on the phone. Her niece, Cassie, is getting married, which is creating more family controversy than was contained in an entire season of Dallas.
About twenty minutes later the phone rings, and when Edna shows no inclination to answer it, Kevin does. After saying hello, he listens for a moment and hands me the phone. “Keith Franklin,” he says, a triumphant smile on his face.
“Mr. Franklin, I’ve been expecting your call.”
“Yes… I’m sorry it took so long. I wanted to make sure this was serious.”
“It’s very serious. That much I can assure you.”
“I know,” he says. “I saw the coverage of Richard’s hearing.”
“I believe that Richard’s work had something to do with the murder, but I need your help to find out exactly what.”
“I really can’t talk about it now… not here.”
“Where do you want to meet?”
He tells me he’ll meet me in Eastside Park at nine o’clock tonight, down by the baseball field. It is clear that he does not want to be seen or heard talking to me. That in itself may be very significant, somewhat significant, or of no significance at all. As with everything else involved with this case, I don’t have the slightest idea.
I agree, and he says, “Will you be alone?”
“Why is that important?”
“Karen told me I could trust you, so I will,” he says. “But only you.”
When I hang up I tell Kevin what was said. “I’m not crazy about the sound of that,” he says. “He could be setting you up.”
“Why would he? We approached him; he didn’t come to us. And Richard vouched for him; he said he’s a friend. There’s no reason to think he’s on the other side.”
“Except for the fact that so far everybody seems to be on the other side,” Kevin says.
“You mean like hit men and the United States government?”
He nods. “That’s what I mean.”
“But we’ve got Marcus. Advantage, us.”
Laurie’s reaction when I get home and bring her up to date is the same as Kevin’s. “Are you sure Marcus is watching out for you?” she asks.
I shrug. “He’s never let me down before. But I must tell you, I resent the fact that you think I need Marcus for protection. I can handle myself when things get rough.”