Capitol Offense

by William Bernhardt

  “He did. Regularly. Never missed a wink. Snored through the night. And he went up against the devil.”

  “I know the feeling.”

  “So come back to bed.”

  “It’s pointless. I won’t sleep.”

  She scooted closer and put her arm around him. “You’re worried, aren’t you?”

  “I think I have good reason.”

  “It won’t help anything. The trial is over. There’s nothing more you can do. It’s in the jury’s hands.”

  “That’s a terrifying thought.”

  “Only because you start to panic anytime you have to rely on someone else.”

  He gave her a dismissive frown, even though he knew she was mostly right. “You yourself have many times said that juries are unpredictable.”

  “All the more reason not to beat yourself up worrying about it.”

  “You think Dennis feels the same way?”

  Christina sighed heavily. “I think that just because one person is undoubtedly in misery doesn’t mean we all have to be.”

  “He’s suffered enough.”

  “I agree, Ben. But there’s still nothing we can do. You should learn to meditate. It would be good for you.”

  “Ugh.”

  “It’s not healthy, the way you take these impossible cases and obsess over them. I know you’re trying to help other people but … honestly, sometimes I wonder if it’s a good thing. For you.” She sighed. “Come with me to my class tomorrow night.”

  “I don’t need to meditate.”

  “No. Clearly you already have achieved nirvana.”

  “It won’t help.”

  “You’ll learn how to breathe.”

  “Been doing it for years.”

  “You’ll learn how to clear your mind. See things in perspective. Improve your life.”

  “Sitting cross-legged on a mat is not going to improve my life.”

  “You can’t know that until you’ve given it a try.”

  “I can.” Ben watched as the municipal garbage trucks pulled away from their central station and dispersed into the city. He saw joggers huffing and puffing down the street, the air still so cold they could see their breath. He spotted teachers pulling into the neighborhood school parking lot, embarking on another day of molding young minds. There were so many good people in this town, so many who genuinely cared about one another, who would go the extra mile to help someone in need.

  That was why he had gone to law school. Why he’d chosen the life he now led. He had made enemies and seen many negative headlines, but he had also made many friends and seen so much kindness. He had a wonderful life and he knew it. He should be able to focus on that. That should be enough.

  But no matter how much he tried to convince himself, his mind always moved in another direction.

  “Have you ever thought about it?” he asked.

  “Thought about what?”

  “You know. What you would do in a similar situation. If something happened to me.”

  “You mean if you were left trapped and suffering in a car for seven days because the police wouldn’t get up off their butts?”

  “Yeah.”

  “I don’t have to think. I know. I’d do the exact same thing, except I’d do it the first day and I’d use a bazooka.”

  Ben smiled. “And then claim temporary insanity?”

  “And then claim justifiable homicide.”

  “You’d go to prison.”

  “It would be worth it.” She grinned a little. “What about you, you hopeless romantic, you? What would you do?”

  “I—certainly wouldn’t be happy.”

  “Oh, not so much emotion, Ben. I’m going to swoon.”

  “But murder? I don’t think I could ever do that. Under any circumstances.”

  She wrapped herself around his arm and pulled him close. “I know that, sweetie. I wouldn’t want you to.”

  “I know that, too.”

  They both fell silent. They stared out for a long while, watching the city arise.

  “We have a good life,” she said.

  “It’s because of you.”

  “It’s because of us, you silly.” She kicked open the portal door. “Come back to bed.”

  “I can’t sleep.”

  “Who said anything about sleep?”

  His head tilted to one side. “Scrabble?”

  She gave him a long look. “Yes, that’s it. Scrabble. You goat.” She rolled her eyes and descended the ladder. “The things a woman has to put up with …”

  37

  “You’re sure you haven’t heard anything from Loving?”

  “I’m sure, boss.”

  “Not even a hint? A disconnected call?”

  “No.” Jones handed Ben his mail. “Not a coded letter. Not a message in a bottle. Not a cuneiform tablet etched in ancient Sanskrit. Nothing.” He pushed away from his station, juggling phones and files and messages all at the same time. “What were you expecting? The trial is over.”

  “I know. I just … hoped. That he’d call in with something.”

  “Ride in with the cavalry at the last minute and save the day?”

  “I never said the day needed saving.”

  “You didn’t have to.”

  The front door opened and Christina sailed into the room—then tripped. Her briefcase fell to the floor and skidded across the tile floor.

  “Whoa there.” Ben ran to her side and helped her back to her feet. “You okay? You seem a little unsteady.”

  “I didn’t get much sleep last night.”

  “I’m sorry.”

  “I wasn’t complaining.” She glanced over at Jones. “Any word?”

  “No.”

  “Have you talked to Dennis?”

  “He’s standing by. Wringing his hands. Worried sick. Do you blame him?”

  “No. I don’t. Talk about torture.”

  The phone rang. The three of them stared at it. No one moved.

  Ben made a small cough. “Jones, I believe this is your job.”

  Jones picked up the phone. “Hello?” He listened for a good long while, then put down the receiver.

  “And?”

  “The jury has reached a verdict.”

  Despite the fact that every single seat in the courtroom gallery was filled, there was a strange silence as they waited for judge and jury to return. Even with all the reporters in the rear, each of them eager to hear the outcome and relay it to their masters, there was a pronounced funereal atmosphere.

  Ben couldn’t help but flash back to his nightmare, his mental horror movie. With himself essaying the role of the executioner.

  “They were out a long time,” Dennis said, wringing his hands. “What does it mean when they’re out a long time?”

  “It means they’re out a long time.”

  “So there must have been some disagreement, right? Like at least one person believed what we said.”

  “It’s possible.”

  “And it only takes one, right?”

  Ben’s throat was dry. “It’s not a hung jury. They’ve reached a verdict. One way or the other.”

  Dennis’s eyebrows knitted close together. Ben could see he was in turmoil, but there was simply nothing he could do for the man at this time.

  Guillerman entered the courtroom but did not stop to chat with Ben. No taunts, no bragging, no speculation. The trial was done. He apparently had no more use for collegiality. Ben was relieved.

  A few minutes later, Judge McPartland entered the courtroom. His opening remarks were brief and to the point. He did caution the reporters that he wanted no inappropriate outbursts or disruptions when the verdict was read, although Ben had a hard time seeing what he might do about it, unless he had wired the seats to produce electric shocks. They would all be gone before he had a chance to issue sanctions.

  When the preliminaries were complete, the judge signaled his bailiff. A few moments later, the man reappeared with the jury trailing behind him.
>
  Ben saw that Mrs. Gregory, the elderly woman with the cat, had been chosen jury foreperson. He hadn’t seen that coming. But then, he had tried many cases and he had never correctly predicted the foreperson yet.

  Over the years, Ben had heard so much contradictory speculation about the meaning of whether the jury looked at the defendant as they reentered the room that at this point he preferred not to even watch. He stared straight ahead as they took their seats. Why speculate? They would all know soon enough.

  “Would the foreperson rise?” the judge said. Mrs. Gregory complied.

  “Have you reached a verdict?”

  “We have, your honor.”

  The judge signaled the bailiff again. He took the piece of paper from Mrs. Gregory and brought it to the judge. The judge glanced at it with a perfect poker face. Then he passed it back to the bailiff, who returned it to the foreperson.

  “You may read the verdict.”

  Mrs. Gregory cleared her throat and began. “In case number C-09-8563, the State of Oklahoma versus Dennis Fitzgerald Thomas, on the charge of murder in the first degree, we the jury find the defendant …”

  Why did they always have to pause there? Why?

  “… guilty as charged.”

  Ben felt the bottom drop out of his stomach. A gnawing hollowness replaced it. He reached for the edge of the table and missed it.

  Dennis stared at him wordlessly.

  “Pursuant to the guidelines set forth in the judge’s instructions,” the foreperson continued, “we recommend that the defendant, having been found guilty of the crime of murder in the first degree, should be sentenced to execution by the most expedient legal means.”

  The judge polled the jury, but Ben was barely aware of it. “Is this your verdict?” It was, in all twelve cases. “The court will accept the jury’s recommendation.”

  Ben felt as if he had been dropped into a vacuum chamber. It was almost as if it were happening somewhere else, somewhere far away from him. The clamor of the reporters, the applause from the prosecution table, the banging of the gavel, all in some faraway land.

  “I want to thank the jury for their service. I know this has been a long and burdensome trial, particularly after you were sequestered, and I want to thank you for your cooperation.”

  The judge turned to face Dennis. “The defendant will be immediately rendered into the custody of the county authorities. Bailiffs.”

  Two officers swooped in from the sides, one on either side of Dennis. Ben spotted two marshals in the rear of the courtroom. They were ready.

  “Isn’t there anything you can do?” Dennis asked, tears springing from his eyes.

  “I’ll visit you as soon as they allow it,” Ben replied. “We will begin immediate work on your appeal.”

  “Do we have grounds?”

  Ben didn’t answer. The truth was, he couldn’t think of any procedural errors. But he and Christina would put their heads together and come up with something.

  One of the bailiffs pulled Dennis’s arms back and slipped on a pair of handcuffs.

  “Stop this, Ben,” Dennis said, weeping profusely. His voice broke. “Please stop this.”

  Ben felt a dry catch in his throat. “There’s nothing I can do.”

  Dennis fell to his knees. “Please stop this. Please!”

  Ben felt his mouth working, but no sounds came out. Tears sprang to his eyes as well. “I—I’m so sorry …”

  The bailiffs hauled Dennis to his feet and dragged him toward the doors. “I’m sorry, Joslyn!” he screamed. “I’m sorry! Ben, help me!”

  Ben felt Christina squeeze his arm. “I am so sorry.” They were both sorry, and they were both totally helpless as they watched the authorities drag Dennis away. Within a few days, he would be transported to the penitentiary in McAlester, where he would be placed on death row. To await execution.

  “Help me!” Dennis screamed one last time before they pulled him out of the courtroom. Ben watched in despair as they hauled him away, the man who had bet it all on Ben Kincaid and, as a result, had lost everything.

  38

  Loving woke scared.

  Too many sensations rushed together at once, all of them confused, none of them good. His head hurt. He was parched. Worst of all, his skin itched. He felt hot, as if he were … burning.

  His eyes flew open.

  Slowly, he assimilated what few facts he could be sure about. He was outside. It was daylight. He was lying on the ground, restrained in some manner. He didn’t know where he was, but it didn’t look like Oklahoma. More of a desert. New Mexico, maybe. Arizona. He was tied down to something—not that he was likely to go anywhere soon, given how he felt.

  He glanced down at his right arm, exposed beyond his short-sleeved T-shirt.

  Oh dear God …

  “Loving! You’re awake! About time.”

  That was Officer Peter Shaw. He recognized the voice. Hard to forget a man like that, after he had …

  Had what? He tried to remember what had happened when he saw Shaw last. He had a strong sense that something important had occurred, but he couldn’t remember the details, nothing after he was spotted by Shaw’s accomplice. It was as if he had gotten drunk and had a blackout—but he was pretty sure nothing nearly so entertaining had been involved.

  “Don’t bother trying to get free. You can’t. Don’t bother trying to escape. You’re going to die.”

  “Then why haven’t you done it already?” Loving managed to say. His voice was slow and creaky.

  “Haven’t had time, sadly enough. Been racing across the country to make an appointment. And then I get this text message. Turns out our contacts are running late. I’m irritated beyond belief. I hate people who aren’t punctual, especially when I’m carrying stuff that can get me arrested. Or kill me dead.”

  “Sorry you’re inconvenienced,” Loving grunted.

  “You’re the one who’s inconvenienced,” Shaw said. “This leaves me time to deal with you.”

  Loving bit down on his lower lip. “You’re a real piece of work, you know that, Shaw? You make all cops look bad.”

  “Is that what you think?” He leaned down into Loving’s face. “Well, let me tell you something, Mr. High-and-Mighty Private Investigator. You don’t know squat!”

  Shaw pulled back up, pacing around Loving’s prone body.

  “Why don’t you educate me?” Couldn’t hurt to keep him talking. Better than the alternative.

  “You think I’m going to start monologing and tell you my whole sad story?” He laughed bitterly. “Why not? You’re dead already.”

  What did that mean? His skin felt so hot … “I’ve known you for a long time, Shaw. You used to be a straight arrow. What happened?”

  Silence hung between them, heavy as a hippo. Loving still could feel the sun beating down upon him. At least, that’s what he hoped he was feeling.

  “My sister. That’s what happened. Did you ever meet Nikki?”

  “Don’t know that I did,” Loving answered quietly.

  “She’s a sweetheart. An angel. Best sister a guy could have. Always there for me. Job troubles. Divorce. Always there. Never had the sense to link up with any guy halfway worth her salt, but she’s a princess. Never had a boss halfway worth her salt, either, but she’s a queen.”

  “I’m not seein’ the connection.”

  “Haven’t you guessed, Loving? She got cancer. Cervical cancer. Had no medical insurance. Turns out her boss didn’t cover her. I took her to St. Benedict’s. They’re supposed to be the experts, right? But without insurance, she couldn’t afford treatment. Think I could afford it? In one month they billed more than I make in a year. It was hopeless. My sweet sister was fading away, turning skeletal right before my eyes. And there was nothing I could do about it.”

  “So you went dirty. To get money.”

  “I went dirty to get treatment,” Shaw said, kicking his feet in the sand. “What else could I do? When did medicine stop being about healing and start
being about money?” He stomped angrily around Loving. “Dr. Sentz approached me privately. He knew who I was. Said his brother had recommended me. Said I might be just right for a very special job.”

  “Smuggling cesium.”

  “Chris was already helping his brother set it up. They were taking their lead from some major muckety-muck.”

  “The guy in the police station. The one who nixed lookin’ for Joslyn Thomas?”

  “All I know is that I went from catching crooks to being one. They had already made one smuggling attempt that went sour. Pig leaked and their accomplice got killed. Some poor clown named Parsons. Radiation poisoning.”

  Loving remembered the victim Mike had told him about.

  “They said it would be easy. It wasn’t. It went bad, right from the start. First time Dr. Sentz tried to sneak cesium out of the hot lab, Joslyn Thomas caught him. He tried to make some excuses, but she wasn’t an idiot. She ran out of the hospital. Probably had no idea what to do. But Sentz did. He called his brother. Told him to meet Joslyn on the way home.”

  Loving’s lips parted. “That’s why she went off the road.”

  “Chris drove her into the ravine. She wasn’t dead, but he knew she would be in time, and it was better that way. Looking like an accident. If he had shot her or strangled her, everyone would know it was murder. He made sure she wouldn’t be found anytime soon. Hid her car behind the blackberry bushes. Smoothed out the dirt, any sign that her car had gone off the road. And that was it.” Shaw took a deep breath, then released it. “So you can imagine his reaction when this guy comes into the station wanting someone to look for his wife.”

  “Small wonder he didn’t want to open an investigation.”

  “Into the accident he caused. Right. He wanted to make sure she was good and dead before anyone found her. And he did.” Shaw crouched down beside him. “What he didn’t reckon on, of course, was the husband.”

  “Dennis blamed Sentz.”

  “He was righter than he could ever imagine. Sentz knew that. Guilt was eating him alive.”

  “So what happened at the hotel?”

  “I saw Thomas as soon as he entered. Called Dr. Sentz, asked him what to do. Sentz brought over a drug to slip into the coffee Thomas sipped while he watched for Chris. I did while he was in the restroom. Didn’t work immediately. He still managed to ride up the elevator, just like I said. I wanted that. See, I was worried about Chris. His guilt was getting the best of him. He was making noise about going to the chief, telling him what happened, trying to make some sort of immunity deal in exchange for a lead on the terrorists. I thought that was a very bad idea. I couldn’t let that happen.” He paused. “Chris had to die.”