Chapter 23
Chapter twenty-three
Everly
Preston read over the Court of Appeal's ruling one more time and frowned. “You’re appealing this, right?”
“You know I am,” I said, my anger still white-hot hours after I left the courtroom. “Any suggestions?”
“I have one,” Preston said, looking up at me. “But I wouldn’t recommend it.”
“Go on, Preston. You know how important this case is to me.”
He blew out a breath. “Evie, it could be career suicide.”
“This is Theo,” I said, sitting up straighter in the conference room chair. Paper littered the table where Preston and I had been combing through the case file for the past couple hours.
“Who has already served his sentence and moved on with his life. I doubt he’d want you to do anything that could hurt you.”
“Preston, just tell me.”
He rubbed his forehead. “Lenbock preceded over Theo’s original trial, and he's good friends with two of the appellate judges. You could argue they were biased to grant a writ of actual innocence because it’d show an error on Lenbock’s part for not allowing for other factors besides Theo’s BAC.”
I shook my head. “Lenbock’s been sympathetic from the start. He acknowledged there were contributing factors during Theo's sentencing and gave him the minimum. The issue is with the law, not the judge. In another state, Theo wouldn’t have been charged at all.”
“Forget that Everly,” Preston said. “The accident happened in Virginia, so he was prosecuted under Virginia law. Maybe reducing his sentence isn’t the way to go. If Theo had been seventeen, he would have had the option to have his record sealed.”
“But he was eighteen.”
“Right, so he’s in that three-year window where he’s not a minor and he’s not of legal drinking age. It’s a major problem on college campuses, which is why so many have signed petitions to lower the drinking age.”
I tapped my pen on my notepad. “The Amethyst Initiative.”
“Exactly,” Preston said. “It might be something you could put in the appeal. Basically, Theo was punished like a minor would be but doesn’t have the avenues to have his record sealed like a minor would. The law is specific to anyone under twenty-one yet applied differently.”
“Thanks, Preston,” I said, gathering the papers. “It’s worth a shot.”
“How’d Theo take it?” he asked, his voice full of sympathy.
“Better than Poppy and me.” Poppy cried her eyes out. I felt like punching something. Theo just nodded when he heard the verdict, gave me a hug, and then walked into the public gallery to comfort Poppy.
“I’m sorry, Everly,” Preston said. “I know how much you wanted a win today.”
“I really appreciate your help,” I said, my throat growing tight. I was not crying at work. I was not crying at work.
“Any time,” he said, thankfully ignoring the wobble in my voice.
I wanted to go home and bawl my eyes out, but I needed to stay another thirty minutes to finish up a few things and so the partners saw me leaving after six.
I tried to focus on Bryant’s first-time offender plea, but my mind kept drifting to the devastation on Poppy’s face and the resigned look on Theo’s.
When my phone buzzed with a text from Levi, I welcomed the distraction.
Are you a “give me space when I’m sad” person or a “bring me ice cream” person?
News of the failed petition must have reached the station already, and for once, I wasn’t angry about the speed of town gossip.
Ice cream and a shoulder to cry on.
Just tell me when, where, and what flavor.
It took me a second to realize I was smiling. Smiling, on the day I lost Theo’s case.
Want to hit up the ice cream shop in town and pitch the owner with our fancy flyer? I don’t think I can get anymore work done today.
I’ll be at your office in five
It was more like four, which I only knew because I bolted out the door as soon as I read his text.
“How’d you get here so fast?” I asked as I climbed into his Jeep.
Instead of answering, he pulled me into a tight hug. The moment his arms were around me, I lost it. He rubbed my back and placed a gentle kiss on the top of my head while I let out everything I’d been holding back since I left the courtroom
“I’m sorry,” I sobbed. “I was kidding earlier. I didn’t think I’d actually cry on your shoulder.”
He pulled back and brushed away the tears still leaking from my eyes. “Don’t apologize. You can cry on me anytime.”
His soft expression eased some of the pain still bubbling to the surface.
“What if I missed something that could have changed the verdict, and now Theo has one less option, assuming he’s even willing to take the appeal to the next level?
I should have consulted the partners. They have years more experience than me and—”
Levi shook his head. “Don’t think like that. First, I doubt they’d have helped much. Neither of them would have cared about his case. You know it, and I know it. Second, you’re a better attorney than either of them. I’ve been to court with them a few times and wasn’t impressed with what I saw.”
“I should have still asked them,” I said as my tears slowed.
“I have a feeling you didn’t because you knew it wouldn’t help. You also knew this case was a very long shot.”
I nodded. “It would have set a precedent for lowering countless convictions.”
“You can still appeal to the State Supreme Court. And if you want to consult with someone, maybe reach out to the university. Professor Exton has a PhD in Criminal Justice and a law degree, at least according to his email signature. He’s a nice guy, and I could introduce you at the Springboard event. ”
I blew out a breath. “Convincing Theo might be the biggest hurdle.”
“And not one you’re clearing tonight. So, what do you think, beautiful?” he said, smiling at me. “Ice cream and one more business added to the Springboard event?”
“You sound pretty confident about that,” I said, smiling back at him.
“If anyone can convince them, it’s you.”
“Us.”
“Damn straight.”
The chocolate explosion ice cream was sweet; the owner’s agreement to have a booth was even sweeter, but the best part of the evening was falling asleep in Levi’s arms.