“Are you familiar with the case of Commonwealth versus Harlan Miller, another local screwup?”
“No.” Cora sat down.
“Mr. Miller served twenty-eight years on death row and came within six hours of being executed. DNA cleared him. The jury, again in this courtroom, found him guilty and recommended death.”
She laid down her notes and glared at the prosecutor. “I could go on. In the past thirty years, at least forty-one people in this Commonwealth have been convicted by well-meaning juries, only to be exonerated years later. Across the country, over three thousand innocent people have been cleared, and virtually all of them were convicted by unanimous juries.”
If Cora had had a white flag, she would have waved it.
Judge Shyam said, “Would the defendant please rise?”
Simon was startled, but nonetheless managed to get to his feet. Raymond stood beside him, suppressing a grin.
“Mr. Latch, on behalf of the Commonwealth of Virginia I apologize for this miscarriage of justice. I was surprised when the jury found you guilty. Fortunately, our rules of criminal procedure allow me to correct a wrong decision. I hereby grant your motion to vacate the verdict of guilty and dismiss the charges against you, with prejudice. I will instruct the Commonwealth’s attorney to close this file and disavow any notion of a re-indictment. You are free to go.”
Simon’s knees went soft and he fell back into his chair. He covered his eyes with his palms and began to cry.
They drove south for an hour until they came to the Outer Banks. Simon was lost in another world and said nothing. Landy drove with no destination in mind, just happy to be out of Virginia. She glanced at him occasionally to make sure he was okay. His eyes were closed but he was not sleeping.
What a waste. Of time, money, emotions, lives. What needless suffering. There was so much to say, but no energy to say it.
They stopped at a convenience store in Currituck because she needed something to eat. Simon saw a picnic table under a tree and said, “I’m going to walk over there and call my kids, and tell them that their father has been declared innocent.”