Steve and Emily went to dinner that night, just like they had every night for the past week.
During the course of their meal, Emily said, “I must ask you
something. How do you represent rapists and murderers? I wouldn’t be able to sleep at night if I helped those types of people.” She paused. “I mean, the only reason I am helping Scottie is because I don’t think he did it, but you have to know that most of the people you represent are guilty.”
“Well, I haven’t represented anyone charged with rape yet. So, I’m not sure if I will feel differently when that happens, but my answer for how can I represent a person charged with murder is simple. I know this is going to sound pretentious, but I truly don’t mean it that way. I honestly mean it from my heart.”
Emily smiled. “I think we are past that. Go ahead.”
“I believe the American legal system created by our constitution is the best in the world. The cornerstone of the system is the adversarial process. In every case, an attorney for each side presents their case to a jury comprised of twelve citizens. Then, that jury determines a just result. I further believe that, in order to derive the full benefits of the system, everyone, rich or poor, must get competent legal counsel when they are accused of a crime. The state almost always has competent counsel, and the defendant should have something equal. I am willing to spend my life’s work trying to be that someone equal.
“I think this rule is even more important when the government is not just trying to put you in prison but actually trying to end your life. Even if there were twenty eyewitnesses and DNA evidence showing a certain individual committed the crime charged, that person still deserves a competent attorney at all stages of the legal process. Look at O.J. Simpson. However you feel about that case, the fact he had money to pay for a great defense is not what got his acquittal. It is what made it a fair fight, but it was not the deciding factor. What got his acquittal were all the errors made by the investigators and prosecutors in the case. If the police, district attorney, and defense lawyers all do their job, most of the time, the guilty will be convicted, and the innocent will be acquitted. Our system is set up to work that way, and it usually does.
“The problem is when the defendant can’t afford competent counsel and the one appointed doesn’t do a good job for him. Then, innocent people go to jail, or guilty people go for twenty years when maybe five is all they deserved. This leads to overcrowding of prisons, which leads to states like ours spending more money on prisons than schools…” Steve noticed Emily’s eyes were beginning to roll back into her head.
“I’m sorry. I need to get off my soapbox,” he said sheepishly. “I can sometimes lose it a little when I start talking about this stuff.”
“It’s okay. I find it interesting.” She reached across the table to touch his arm playfully. “I was just messing with ya.”
Steve laughed. “Anyway, let me just say one last thing, and then we can move on to something more interesting. No matter the evidence, wouldn’t you agree that everyone accused of a crime in the United States of America still deserves a fair trial?”
“Yes… a fair trial and then string ’em up,” Emily said with a devilish smile upon her face. She straightened her gaze to look Steve in the eyes. “Does that mean you are against the death penalty? Or do you just think they deserve a fair trial, and as long as they get that, it’s okay if the jury gives them death?”
Steve shook his head. “I have always been against it. In my heart and soul, I believe it is an archaic punishment. However, it is the law right now, and I respect that aspect of it.”
“Why do you say that?”
“The long answer would take all night, and I think I have already bored you once with my long-winded answers.”
“No, I want to hear it. I kind of like your long windedness,” she said with a teasing smile. “Just don’t go too long.”
“Okay. I will give you my best Twitter-esque answer. I can’t promise it will be less than 140 characters, but I will make it short.”
“Okay. Go.”
“In this day and age, I believe there has to be a better way to get people to quit killing other people. Number one, it costs more money to execute someone than to incarcerate them for life. Number two, all of the studies on the subject show the risk of death penalty is not a deterrent. The murder rate per capita is actually higher in states that have the death penalty than the rate of states that don’t. I could go on up through about number forty-seven, but I think those first two make the point.”
“You honestly don’t think it deters people from killing?” Emily asked. “I know I would never kill someone, knowing the penalty exists.”
“Well, I don’t think you would kill anyone even if there was no punishment for doing it.” “True,” she conceded.
“But I also think you would probably never commit any crime, knowing you could go to prison. That is deterrent enough for you.”
“Actually, I spent some time in prison for some dumb stuff I did when I was younger.”
“What?” Steve said, genuinely surprised. “I never would have guessed that about you.”
“Just kidding, I got you,” she smirked.
“You did,” Steve said as they shared a laugh.
“In all seriousness, you are right about me. I hardly ever even drive above the speed limit. Nonetheless, some people out in the world do have it in them to kill, and they don’t care about going to jail or prison. But I bet they do care about their own life,” Emily countered.
“I believe everyone cares about their own life to some degree. That said, I think that when the state condones killing someone as long as you have a good reason, then all an individual needs is a good reason. It’s a sort of subconscious acquiescence to murder.”
Emily raised an eyebrow. “How so?”
“In capital punishment’s case, the state says it has a good reason to kill you because you killed another person. Right? You kill someone, done; you deserve to die. However, for some people in our society, it may be that you have ten dollars, and they want your ten dollars so they can eat. To them, killing you for ten dollars is a good enough reason if all they need is a ‘good reason’ for killing to be okay.”
“So, you’re saying some people just need an excuse?”
“Not an excuse but a reason—a justifiable reason. In their mind, killing is acceptable as long as it’s justified in a society that supports capital punishment. On the other hand, if the government says killing is wrong on all accounts, that no one should ever kill for any reason other than war, then that creates a different perception of killing in the general public. Those people now live in a country where killing is wrong, no matter what, and that belief permeates their conscious. I believe that makes them less likely to commit any type of murder at some point later in their life.”
“Okay. That makes some sense, but you are looking at the people who did commit murder knowing there is a death penalty.” Emily hesitated before continuing, “What about all the murders that never happen because of the death penalty? When I was a little girl, my house was broken into while my whole family was home. It was two men, and they put guns to our heads and tied us up in the living room. They stole all of our valuables but ended up leaving us tied up there. My mom, dad, younger brother, and I were all terrified. Luckily, when we didn’t answer our phones, my grandparents came over and untied us that night.”
Steve placed his hand over Emily’s in a comforting gesture.
“It was the worst experience of my life. It is why I decided to have a career helping the police. I was always good with computers. So, now I use that expertise to help send people to prison.”
“I’m so sorry that happened to you.”
“Don’t apologize. It was a long time ago, I’m okay now. Nonetheless, I honestly believe the reason they didn’t kill us is because they knew that they would be sentenced to death if they were caught; if they left us alive and happened to get caught, all they would get is prison time. Not to mention, if they had killed just one of my family members, I would have wanted them dead. I probably would have even tried to do it myself.”
“First, let me again say I am so sorry that happened to you. On your other point, I would also want to kill someone who killed a person I loved. But that is exactly why we shouldn’t have the death penalty. The government should take emotion out of the equation. Like I said, if killing is wrong, then killing is wrong—no matter who you are killing. I would argue those people who broke into your home didn’t kill you because they were thieves, not because they were scared of the death penalty. To begin with, they didn’t have it in them to kill. I do believe some people have murder in their blood and some don’t, but by giving those that do the chance to find ‘justification’ in a country that already makes its own exceptions using the death penalty, we create more murder than we would otherwise.”
“All right, you make a good argument. Maybe I will rethink my position and get back to you on that. What are you, a lawyer or something?” Emily smiled and leaned back comfortably in her chair. “Enough of this deep talk, Mr. Liberal Defense Attorney. I can’t believe we have to wait another week to hear what the state is going to say in their response brief. In the meantime, let’s get
back to your place and have some fun.”
CHAPTER 38
The date for the state’s response brief was finally here. Steve must have checked his email a million times before his phone finally buzzed with an email notification from the Court Clerk of the U.S. District Court for the Northern District of Oklahoma at exactly 4:52 p.m.. The state had filed its response brief.
He opened the email and began to read. When he finished, he honestly believed there was no chance Judge Henry would grant his motion. Assistant Attorney General Julie Bass had done an excellent job attacking Steve’s position on various legal grounds. In reality, Steve was requesting that the court order an officer of the law and a motherless child to submit to DNA testing based on nothing more than his own unfounded allegations. It truly was an outlandish request to make or expect to be granted. Bass made salient arguments with supporting case law that made Steve question his own sanity for even filing the motion in the first place. Steve slumped over in his chair and rested his head on his desk. He had failed Scottie Pinkerton. The corners of his eyes stung with tears. Because of this failure, he would have to sit and watch his client, an innocent man, get strapped to a gurney. State officials would inject Scottie Pinkerton with a deadly cocktail which would cause him to pass from this earth before Steve’s eyes.
As Steve sat there, his forehead planted squarely on his desk, a single thought snuck into his dejected mind. It was a memory of a conversation he once had with Ackerman.
It was from six months ago, shortly after Steve went into private practice. A young woman who had been charged with misdemeanor drug possession had hired Steve to represent her. After
CHAPTER 38
reviewing the police report, he had filed a motion to exclude all of the state’s evidence based on what he considered to be an unconstitutional search. When he read the state’s response, he had felt like they were right, and he had no chance of winning his motion.
He had gone to Ackerman seeking guidance on what to do when the state was right, and you were wrong. They sat on the front porch, having a Scotch and watching the sunset, and later Ackerman gave a fatherly laugh when Steve finished sharing what had upset him so much.
“Steve, every time you write a brief, you should ask a fellow attorney to read it before you file it. If he or she doesn’t think you have a clear winner of an argument, then you aren’t done writing that brief. Likewise, if you ever read the opposing counsel’s response and don’t initially think you are on the losing side, then that lawyer should find a new profession. Drink that Scotch, lick your wounds, and let the opposing counsel’s arguments sink in overnight. Tomorrow, get up and go figure out what is wrong with their position. Write your rebuttal and win this damn motion at the hearing. Your client is counting on you.”
Remembering the words of his mentor, Steve picked his head up off his desk and called Emily. “I just read the state’s brief in our case. This isn’t going to be the slam dunk we thought it would be. The assistant attorney general made some great arguments against us. Tomorrow, I plan to figure out how I’m going to beat them, but tonight I just want to wallow in my own misery. Can you meet me for a drink at Empire?”
