Chapter 32
Feeling Good to Go
TRE
“Uno,” Dave yells as he places a Draw Two card on the pile.
I slap another Draw Two on top of his, and the table erupts in a chorus of “Ooh.”
I actually have a Reverse card in my hand, but I’ll help my cellmate win, even if he doesn’t know it.
“Aw, c’mon man,” Little Mike says, drawing four cards from the deck.
Everyone around the table takes their turn until Dave slaps down a yellow Skip shouting, “I’m out!”
He spends a minute gloating as the next dealer collects and shuffles the cards.
“White, your visitor is here,” a voice declares behind me.
“Ah, is it ten already?” I ask, standing.
The guard gestures for me to precede him out of the rec area.
“No, please, after you.” I give him a grin and a fake bow.
“It doesn’t get any funnier no matter how many times you say it. Move.”
“Eh, you’re gonna crack a smile one of these days. Just watch,” I inform him as I walk to the exit.
He leads me down the halls to a grey steel door in a row of grey steel doors. After inspecting me for contraband—what would I even be smuggling out?—he ushers me through.
Nick Trowbridge is seated at a small metal desk bolted to the concrete floor. He was in the middle of arranging papers in front of him, his open briefcase resting atop the desk.
Nick reaches out to shake my hand as I sit. “Mr. White, how are you holding up?”
“Like I told you last visit, call me Tre, please. And I’m just enjoying my all-expenses-paid vacation. It’s nice to have some time off work,” I joke.
“Well, as nice as that sounds,” Nick says wryly, “I think I have better news for you. A lot has happened since we last spoke, and it’s obvious that you couldn’t be responsible for any of the vandalism that’s occurred, so the short version is I’ve petitioned for an emergency hearing tomorrow to get the whole case dismissed. ”
“Awesome. It’s only been a couple of days. What’s changed?”
“Where to start? Well, first, apparently one of the Henley and Montank employees brought a cat with him. It’d been gone since the house fires and was assumed to have died. However, on Monday morning, it was delivered to a local woman’s doorstep with a letter saying you were innocent.”
“Wait, what?” I ask, dumbfounded.
“Yeah, but that’s not all. The lady who got the cat called the sheriff’s office immediately, but they charged you without disclosing it. We are going to have a field day with them in court.”
“And that’s enough to get the case dismissed?”
“Well, there’s more. Last night—or early this morning, technically—there were more attacks.”
My eyebrows shoot up my forehead, and I lean forward. Fiona, what are you doing? I wonder.
“I’m sorry. Did you say ‘attacks’ plural?”
“Yes, two in one night. Whoever set fire to the houses found the hotel where those same execs are staying and firebombed their rental vehicles. It’s too soon to have any results from the investigation, but nobody’s been identified.
The other incident was an explosion at the lower end of the aerial gondola system, seemingly identical to the one that started everything.
Again, it’s far too soon to know the details, but they did share with me that the security guard on site saw a person ignite the device and chased them into the woods before losing them.
You’ve been here for days. The DA would never be able to make the case that you’re responsible now. ”
Two attacks? Did Fiona remotely detonate the cars the way she did the houses?
She could hit multiple targets and make it look like there’s a whole group involved.
Maybe that’s the plan. Creating new suspects helps me…
Is she trying to trick people into blaming that imaginary militia?
How did she pull it off so fast, though?
It took us weeks of prep to do one together.
“Mr. Wh—Tre? I realize this is a lot happening all at once, but it’s fantastic news for you. We should be able to get you released as soon as we can get on the court’s docket.”
I focus my gaze on Nick again. “You’ve said ‘we’ a few times. Who else is involved?”
“Right. That brings me to the final development I have for you. I was contacted by another attorney today, Arthur Kostas. Since I’m already your attorney of record with the court, he approached me. He’s offering to represent you.”
Nick pauses for my response, but this is one surprise too many, and my mouth is hanging open while I simply stare at him.
“I told him I’d speak with you before making any changes.
I’ve watched the videos of your two interviews with Sheriff Morris.
Mr. Kostas was representing you in the first but not the second.
I also note that you didn’t contact him for counsel after your arrest, so I don’t know where things stand between you.
I’ve brought the necessary paperwork if you are interested.
“You can sign these forms,” he gestures to a few on the right side of the table, “if you want to transfer power of attorney and legal representation from me to him. Or you can sign these,” he continues, gesturing to the pages on the left, “if you would like to inform the court and the jail that he will be an additional member of your legal counsel.
“The choice is entirely up to you. I’m happy to continue defending you, but my professional advice is that you should seriously consider utilizing him.
As I’ve mentioned, my background is in environmental law, and he has significant experience in criminal defense. That can really make a difference.”
Finally, I find my voice. “Uh, yeah, I know he’s very good at his job. He can definitely help out, but I want you to continue as my lawyer. I don’t have to worry about you disappearing on me.”
“Great. If you just sign these, I’ll take care of it.”
As I skim the documents, he adds, “Since tomorrow isn’t an authorized visitation day, I may not be able to contact you in advance. We’re going to get you in front of a judge ASAP, so don’t be surprised if they bring you to the courthouse in the morning.”
After I sign the papers, I write down a number on the back of one of the unused forms. “When you get it scheduled, can you call this number? Give Ewan the details, please.”
I watch the clock on the wall hit ten. I’ve been sitting in this waiting room at the courthouse with a guard and three other inmates for the past hour. The door opens, and a bailiff calls my name.
I follow them a few dozen feet down the hallway to a small concrete room with a central divider and one chair bolted to the floor. The divider is concrete on the bottom and a thick pane of glass on top with a metal mesh opening to talk through. It looks like a movie set.
Mr. Kostas enters the opposite side and takes his seat.
“Good to see you again, Mr. White, even under such circumstances.”
“You too, Mr. Kostas. I have to say, I’m surprised you’re involved…” I trail off, waiting for him to explain.
“Yes. The issues I described during our previous conversation are no longer an obstacle. Since it’s clear that you weren’t responsible for the fires that destroyed White Construction property, there is no more conflict of interest, and White Construction has tasked my firm with representing your defense again. ”
“Ah.” Dad. What a vindictive shit. Now he’s back to trying to make the family look good.
“I’m here to prepare you for what you’re about to walk into. This isn’t a regular hearing. I’ll be brief because Mr. Trowbridge is in the courtroom, waiting for our case to be called.
“I’ve been in negotiations with the district attorney this morning, and we’ve reached an agreement.
We can prove the crime against the cat never even happened.
Once we’re in the courtroom, the clerk will read the case info, then the judge will ask us about our motion, and the DA will move to dismiss all charges.
When that happens, we’ll argue for dismissal with prejudice so that they can’t try to charge you with these crimes again in the future.
Your job is to sit there and say nothing. After we win, you can celebrate.”
“I like the sound of that,” I reply.
“It’s worth noting that it’s limited to the same jurisdiction, meaning if a federal investigation wanted to charge you, they could.
But as far as I know, the investigation there has taken no action against you.
Besides, with all the reasonable doubt available now, I’m confident we can manage any future charges.
I’ve informed the DA that we are prepared to pursue a case of prosecutorial misconduct if she tries to fight us on it.
And not only for charging you under such a flimsy pretext but for withholding potentially exculpatory evidence.
What they did arguably constitutes a Brady violation. ”
I must look confused because he elaborates.
“Brady v. Maryland. It was a Supreme Court case whose ruling requires that exculpatory evidence be turned over to the defense. They knew the cat had been returned hours before your arraignment and charged you with that crime anyway. Only the person who was at the house could have returned the cat, so there’s automatically another suspect plus tremendous doubt about your guilt, never mind the note delivered with the animal that specifically said you were not responsible.
Had that been disclosed, as it should have been, you would have walked out of the arraignment free and clear. ”
“So I just go to the courtroom, you tell the judge all of that, and I go home?”
“Essentially, yes. I’ll return if there are any last-minute developments. As always, don’t speak to anyone without me or Mr. Trowbridge present.”
“Right. Thank you,” I say before we head to our respective doors. I can’t stop grinning the entire way back to the waiting room.
I sit there for another fifteen minutes before a different bailiff walks me to the courtroom.
It’s similar to last time, but with a few more people.
Mr. Kostas is sitting beside Nick, and Special Agent Smith is sitting behind the DA.
The Henley and Montank suit is scowling in the gallery as I walk to my seat, but I pay no attention because Ewan is sitting in the front row behind my lawyers, grinning.
I scan the empty seats again, although it’s obvious nobody is in them.
That’s okay. Of course she wouldn’t come.
It would be crazy if she did. Especially right after hitting two more targets, I think, trying to talk myself out of the unreasonable disappointment I feel at her absence.
I’ll see her soon. I definitely don’t want her to blow her cover.
Nick gives me a smile and a nod as I take my seat.
After a minute, the judge asks, “Are we ready to begin, counselors?”
Both sides agree, and everything transpires almost exactly how Mr. Kostas described. The DA initially moved to dismiss without prejudice but offered no arguments when Nick explained the many problems with their handling of the case.
Eventually, the judge declares, “I agree. All charges in this case are summarily dismissed with prejudice. Mr. White, you are free to go.”
I turn and hug Ewan. “Thanks for coming, man.”
“Of course, Tre. I’ll give you a ride home once you’re done with all that.” Ewan waves vaguely at the lawyers.
“Sir?” someone says behind me.
The bailiff is standing uncomfortably close when I turn.
“I asked Ewan to bring you some clothes. The bailiff will show you to a restroom where you can change,” Nick explains, “and he’ll collect that uniform. You won’t be needing it anymore.”
“Thank you so much. Both of you.”
Mr. Kostas nods, and Nick replies, “You’re very welcome. I’ll meet you in the hallway, and we can discuss next steps, but I’m sure you’re ready to be home. Go get changed so you can get out of here.”