“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
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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?”
“Sounds good. I have a few things to finish up here before I head over.”
Next, Steve called Booger. The investigator couldn’t make it for drinks, but he said he would be over at Steve’s place first thing in the morning to help organize their thoughts for the upcoming oral argument. Finally, Steve printed the state’s response, put it in his briefcase to be looked at again tomorrow, and left the office to meet Emily at The Empire Bar.
Steve was waiting at the same table where he and Emily first had drinks together a few months earlier; it was now “their” table. The pair had been there several times in the last few weeks, so she knew right where to go when she arrived. Steve saw her as soon as she walked out to the patio. He was already drinking a Guinness, and a cold Hoegaarden was placed in front of the empty chair beside him.
“Aw, you already ordered me a drink. Such the gentleman,” Emily said with a luminous smile.
Steve smiled back at her and stood up to pull out her chair. Emily leaned in and gave him a kiss on the cheek before she took her seat. “Do you want to tell me about the state’s brief?” Emily asked.
“Not really,” Steve said, almost pouting. “The long and short of it is that Bass did an excellent job arguing the legal reasons why the court should not grant our request for DNA evidence. Now, I honestly feel like our chances of getting the court to order a DNA test are low, and, if we don’t get that test, any shot at getting Scottie a new trial lands in the pond. That means I’ve failed Scottie.”
“You say that way too often. You need to stay positive.”
“I know. It’s just that the thought is always lingering in the back of my mind. That thought alone is what drives me to work harder every day for him; it’s what will drive me to work my butt off this weekend. I have to come up with counterarguments and find law to support those arguments. It is the only way we can still win this
CHAPTER 38
thing.” Steve stopped himself from thinking about it any further.
