“No.”
“Let me show you a few more documents she recovered from your computer. These are spreadsheets showing your accounting ledgers. This page shows the ledger that you turned into the company, and this page shows all the changes that were made to that document from the time it was first created and all the way through to the final version you submitted. Here you can even see where you misspelled the word ‘account’ and went back and added the second ‘c.’ Here the ledger shows that $2,689 was originally transferred to the same unknown account as all the other transfers. Plus, on this one, your name is listed as the recipient, and then, in the document turned into the company, your name is replaced with one of Phillips Industry’s suppliers to make it appear as a legitimate expenditure. It seems when you first made transfers, you put your name on it so you would know how much and when the transfers were made. Later, you went in and changed those transfers to names you thought no one would notice when reviewing your ledgers.”
Hamilton’s head slowly drooped as he continued to listen to Steve.
“I should also let you know, although they haven’t tracked down the information yet, Ms. Turner has requested the judge allow the state to send a subpoena to the bank where the unknown account is located. They will get all of the bank’s records relating to this account, including the name of its owner.” Steve paused, laying the stack of evidence on the table.
“Now, this is what my mentor, Frank Ackerman, would call a ‘come to Jesus’ moment. All this information is pointing directly to you, so if your name is going to appear as the owner of that bank account, I need to know that right now in order to best represent you in this case.”
At this point, tears were beginning to form in the corners of Hamilton’s eyes.
“Is your name going to be listed on the account? Is your signature going to be on the enrollment documents for this account?”
Finally, Hamilton cracked. “I’m sorry… I’m so very sorry… I never meant for it to get this far. I just borrowed a little that first time and was planning on paying it back. There is something I haven’t told you, and it is a big reason for my divorce as well. I have a serious gambling problem. I simply love playing slot machines at the casinos around town. The Osage Casino north of town is my favorite. The excitement I feel in my bones when I hit a bonus on those machines is the most exhilarating feeling to me. When they spin red. The biggest problem was that I actually won a lot of the time. That was how I paid your retainer; I came in right after winning over ten thousand dollars on one spin. It makes me think I’ll win every time I go play. So, when I didn’t win, I just kept putting more and more money into those damn machines, thinking I would eventually win. When I won five hundred, I thought I could get one thousand. When I won a thousand, I thought I could get two thousand. No matter how much I won, it was never enough, so I’d keep trying to win more until I checked my pockets, and there was nothing left. Not the one thousand I’d won, not the five hundred I’d won, not even the money I’d originally brought with me. I would realize I’d given it all back to them. Then this awful feeling would start in my stomach, and I’d sometimes want to kill myself.”
The tears slowly tumbled out of Hamilton’s eyes; Steve removed a tissue from the box sitting on the table and offered it to Hamilton as he continued, “Afterward, I’d go home and fight with my wife because I was so mad at myself that I wanted to yell at someone.
She became my victim…” He paused, looking wracked with guilt.
Steve leaned over and put his arm around Hamilton. “I understand. I am very sorry you have had to go through this.”
“But now, I’ve decided that I need to stop gambling, and last week, I went to my first Gamblers Anonymous meeting. They say you have to hit rock bottom before you can begin to get better, and I think this is it. I’ve lost my family, my job, my savings, my self-respect, and now possibly my freedom because of those damn machines.”
Steve nodded encouragingly. “The good news is that if we take the deal today, you won’t have to go to prison or even spend a single night in the county jail. The deal Ms. Turner has offered is this: First, that she will only take into account the current charges, which amount to $52,347 in stolen funds. When Dr. Babbage searched your computer, they found evidence of over a hundred thousand dollars’ worth of embezzlement. If we don’t take the deal, Ms. Turner will amend the charges to reflect the higher number; however, to be clear, if we do agree to plea, then she won’t add any more charges. Second, if you waive your preliminary hearing and plead to the charges as filed, she will even reduce the charge from a felony to a misdemeanor. You will then be placed on what is called a five-year deferred sentence.”
“A deferred sentence?” asked Hamilton hesitantly.
“This means you will be on probation for five years with the understanding that you have to pay back the $52,347 as restitution. The balance must be paid in full before your probation is up. If you pay it all back and don’t violate your probation, then you will never have to spend a night in jail, let alone prison, and the charges will be dismissed. You won’t even have a conviction on your record.”
“Wow. That sounds great,” Hamilton said as he wiped away his last few tears. “I can’t believe I might get through this without a conviction on my record… But how in the world will I pay all that money back?”
“First of all, by staying out of the casinos and going to those meetings. But that doesn’t matter right now, to be honest with you. The first thing you need to worry about is how to solve the problem of these charges hanging over your head. Did you see that movie from last year, The Martian?”
“Yes. Why?”
“Do you remember how Matt Damon’s character focuses on solving the problem in front of him? He knows that there are several problems that have to be fixed before he will get home, but he understands that the most important thing for his survival is to solve the most important problem facing him first—food— before he can even worry about getting on a ship back to earth. That is similar to your situation. You need to solve the problem of having felony criminal charges pending against you. We can do that today by pleading guilty and taking a deferred sentence with the knowledge you will have to pay back the money. Once that is resolved, you can start trying to figure out how you will come up with $52,347. Does that make sense?” “Yes,” Hamilton said.
“Does that mean that you now believe it is in your best interest to take a plea deal today? Should I call Ms. Turner and let her know we will be waiving the preliminary hearing and taking the deal? As I have said before, the final decision is always yours. As your attorney, I am just here to give you advice on what I think is your best option. Should you decide you want to maintain your innocence, I will do my best to fight the state and poke holes in their case.”
“Yes, I understand, and, yes, I want to take the deal,” Hamilton said with a slight nod. “It honestly feels better to have admitted what I did. You don’t understand how much guilt and angst I have felt lying to you and everyone else about the money. Not to mention the feelings I have from hiding my gambling addiction… I want to call my wife and finally tell her the truth.”
“Well, I would recommend you don’t tell her that today. As your attorney—and not to sound heartless or uncaring—it is my job to protect you. Let me talk to your wife’s lawyer, and maybe we can set up a meeting where you can discuss all of this with her. She could use this against you if she chooses. Like The Martian character, let’s just get through this criminal part and worry about the rest later.”
“Okay,” replied Hamilton with his chin to his chest. His crying had stopped, but he still sat motionless, staring at the floor.
As Steve rose from the table, he said, “It’s almost lunchtime. Go get something to eat, and then meet me in Judge McCuan’s courtroom at one thirty. I will call Ms. Turner and let her know what’s up. We can do the plea this afternoon, and you can begin the process of putting your life back together.”
Hamilton finally looked up. “Thank you. Thank you so much. I already feel better just knowing I am going to admit to everything. Knowing I won’t go to prison. Knowing this part of it is all over. The lies, everything. Thank you!”
Steve went to his office and phoned Turner. It was professional courtesy for defense counsel to let the assistant district attorney on a case know as soon as possible if a client was going to waive the preliminary hearing. This was done so the prosecuting attorney could contact their witnesses and let them know they didn’t have to come to the courthouse. Although Steve knew this was the right thing to do, he was a bit hesitant because, deep down, he had been looking forward to seeing Emily again that day in court; however, he knew what was best for the client always came first in this job.
After Turner answered the phone, Steve began with, “I’m calling to let you know that I just got out of a meeting with Jordan Hamilton. He has decided to take the deal. We are going to waive prelim today and go ahead with the plea this afternoon.”
“Wait, I thought he was innocent,” Jennifer said with a smirk that Steve could practically see through the phone line.
“Turns out he wasn’t. Listen, don’t be too hard on him. He has been through a lot. It seems he has a serious gambling problem that has not only cost him his job and put a mark on his criminal record, but also cost him his family. I am handling his divorce, too.”
“All right, all right, calm down. I was just giving you a little grief. I know you are fairly new, but if you can’t handle a prosecutor giving you a hard time about your client, then you won’t make it long in this business. See you in court.”
That afternoon, Hamilton plead guilty to the embezzlement charges filed against him. As part of the deal, the state reduced the charge to a misdemeanor so he would not be a convicted felon. He was given a five-year deferred sentence with orders to pay back the fifty-two thousand dollars and reform himself.
After court, Steve pulled Turner aside and asked her if she would kindly give him Emily’s cell phone number. He explained that he had asked her on a date back when they all went for drinks at The Empire Bar and that she had told him she never mixed business with pleasure. Now that Hamilton’s case was over, he hoped she would reconsider his offer.
Turner said she didn’t feel comfortable giving him her number without Emily’s consent, but she did agree to pass his number on to her. She also told Steve that she would tell Emily she thought he was a catch and that she should jump on the opportunity to go out on a date with him. Steve appreciated her willingness to help.
Steve was glad Hamilton’s case had resolved in a manner that worked out well for his client and now gave him an opportunity to date Emily; most importantly, it closed the file, which meant he now had more time to focus on Scottie’s case.
He spent the rest of the day wondering what Deputy Blackburn would have to say at their meeting the next day.
CHAPTER 22
When Steve walked into the Monkey Tree Diner in downtown Tulsa, Booger was already seated at a table in the middle of the restaurant. On either side of the investigator were groups of well-dressed men and women discussing office drama while munching on their strawberry pecan spinach salads and chicken Caesar wraps. A tile outlay depicting a jungle scene graced the wall behind them. Steve sat down, opened the menu and flipped through it.
“Have you been to this building before?” Steve asked.
“I know the BOK Tower, never eaten here. I remember when they first built it they used a famous architect—what was his name?”
“Minoru Yamasaki of Yamasaki and Associates.”
“Yeah, that’s it. I remember hearing he was the same gentleman who built the Twin Towers in New York and our little building here is an exact replica of those, just shorter. It didn’t mean much at the time; didn’t mean much until the real ones were gone. But now I’m kind of proud of our city to have it. You notice the tourists taking pictures outside?”
“It’s become quite the draw for visitors,” Steve said. “Not sure if they consider it a lasting tribute or a spectacle. Something to visit I guess.”
Booger scanned the menu, slightly frowning. “A lot of vegetables and smoothies and things here.”
“Sir, I wouldn’t ask you to a place that lacks animal protein,” Steve promised. “They have the juiciest burger in town.” To the waitress who approached their table, he said, “I’ll have the kale salad with a blueberry, strawberry, and almond milk smoothie.” “I’ll take the cheeseburger, ma’am, medium rare, with French fries. No kale. Please and thank you.”
After their waitress left, Steve asked, “What do you think Deputy Blackburn will tell us this afternoon?”
“I doubt much. I would bet my left arm he will tell us that he is 100 percent sure Ashley’s murderer is sitting on death row. I don’t expect him to be very receptive to our alternative theory.”
Out of nowhere, a large older gentleman stopped by their table and slapped Booger on the back in an aggressive yet friendly manner. The man had just placed his finely tailored suit coat on the back of a nearby chair. His tie hung down perfectly over his round belly, which stuck out between his suspenders. “Booger!” he boomed. “How the hell are you?”
“I’m good. How have you been, Jim? How is Wilma?”
“I’ve been great, and Wilma is good too. She is still spending too much of my money too fast, but what the hell. I love her.
What are you up to?”
