From a Single Seed: A Novel

by Teri Ames

  “What does that mean?” Keenan said.

  “It means that next week a grand jury will hear the evidence about Shannon’s death and decide whether to indict you for homicide.”

  Cassie Brody grabbed her husband’s arm.

  “But, he hasn’t been charged yet?” Greg said.

  “No, but he likely will.”

  “Is there anything you can do to stop the indictment?” Greg said.

  “I don’t even know what ‘indict’ means,” Keenan said.

  “Okay. Let’s all take a breath. First of all, an indictment is just a different way of filing charges. It’s rarely used in Vermont.”

  “So, why is it being used for Keenan?” Greg said.

  “Without knowing if there’s new evidence, I can’t say for sure, but my educated guess is that Fred Dutton has a weak case. He’s feeling pressure to charge a homicide, but he’s not sure what the right move is. Politically, that is.”

  “I don’t understand,” Cassie said.

  “The grand jury gives Fred a scapegoat. If they don’t indict, he can tell the press that they made the decision, not him. If they indict, and he loses at trial, he can say he thought it was a weak case all along, but that he took it because of the grand jury.”

  “So, it’s not all bad news,” Keenan said. “You’re saying they have a weak case.”

  “No, it’s bad news,” Barry said. “Good news would be Fred admitting that he doesn’t have enough to charge you. I just talked to him and he’s not going to do that.”

  “So, what do we do about the grand jury?” Cassie said.

  “There’s not a lot we can do. Ultimately, it’s Keenan’s decision whether to testify. Keenan’s the target, so if he wants to take the Fifth, Fred won’t be offering immunity. Without immunity, I always advise clients never to talk to the grand jury.”

  “Why?”

  “Let me explain how the grand jury works. To get a grand jury, the court pulls eighteen to twenty-three people off the juror rolls. They’re just random people. They’re supposed to not be biased against you, but for all we know, they all read the paper and think you’re a murderer. We don’t get to screen them. In fact, I’m not even allowed to participate in the proceedings. It’s the state’s attorney’s dog and pony show. He gets to parade a bunch of witnesses in front of the grand jury and ask them anything he wants any way he wants, and the grand jurors can ask questions as well. Witnesses can be represented by attorneys, but the attorneys have to stay out in the hall. Then, when the state’s attorney is done, the jurors get to vote. As long as twelve of them vote to indict, the charges get filed. The more grand jurors he has, the lower the percentage required for an indictment.”

  “Maybe they won’t indict Keenan,” Cassie said.

  “Miracles do happen,” Barry said.

  “So, why would Keenan risk talking to them?” Greg said.

  “Because there’s no guarantee they’ll hear Keenan’s version of events if he doesn’t tell them. Without his story, it’s almost certain he’ll get indicted. Of course, if he testifies, he probably still will get indicted.”

  “So, it might help,” Keenan said.

  “It might, but in my professional opinion, the risks outweigh the benefits.”

  “Explain the risks,” Greg said.

  “Well, like I said, they can ask you anything they want, any way they want. I can’t be with you to object.”

  “I didn’t murder Shannon and I didn’t even assault her. All I have to do is tell the truth.”

  “It’s not that simple. If it were, you might not already be facing assault charges.”

  “It should be simple,” Keenan said.

  “You’re right. It should be––but it isn’t. The criminal justice system isn’t all that good at truth finding. And the grand jury proceedings don’t even pretend to be aimed at finding the truth. It’s too lopsided. Only one side gets to present its version of events, and as long as there’s ‘good and sufficient evidence,’ there’s an indictment. It’s not a high standard and the rule against hearsay doesn’t even apply.”

  “So, what’s the worst-case scenario if Keenan testifies?” Cassie said.

  “Good question. The worst case is they indict him, and then at trial everything he says gets used to impeach him.”

  “Impeach?” Keenan said.

  “Make you look like a liar.”

  “But if I’m telling the truth, how can I look like a liar?”

  “Trust me, it’s not that hard. What juries don’t understand is that the human memory is imperfect. In fact, it’s downright unreliable. If you go in there and say anything inconsistent with what you said before, or say after, Fred will claim it’s because you’re not telling the truth.”

  “So, why might Keenan want to testify for the grand jury?” Greg said.

  “Because it’s the only chance he has to head this off before trial.”

  “Why are you so convinced he’ll be indicted?” Cassie said.

  “There’s this saying, ‘A grand jury would indict a ham sandwich.’ And in my experience, they always indict. The state courts here in Vermont rarely use them, but the feds use them in all their cases, so I have some experience with it. And we already know what the evidence against Keenan is because of the assault charge, unless Fred’s been holding out on me. Which I doubt. Fred may be a political animal, but he’s a straight-shooter.”

  “I need to testify for the grand jury,” Keenan said.

  “I think you should talk it over with your parents before you make a final decision.”

  Keenan looked first at his mother, then his father. “I need to do this. I’m innocent and they have to believe me. If I just tell the truth, they’ll see it.”

  Barry couldn’t resist. “I bet you thought the same thing when you let Officer Shores interview you.”

  “But that’s different, he was trying to make a case.”

  “What makes you think the grand jury will be any better?”

  “They have to be.”

  “My advice is to stay away from the grand jury. I can’t do anything to protect you if you walk in that door.”

  KEENAN UNDERSTOOD why Barry wanted him to stay away from the grand jury, but he was tired of people saying things about him that weren’t true. If there was any chance of avoiding a murder charge, he needed to do it.

  His parents stayed in Middleton Falls that afternoon. They said they wanted to discuss the options, but it felt like they were just trying to talk him out of testifying. The three went for a walk around campus until a fifty-degree drizzle made the walking uncomfortable.

  They had an early dinner at a local diner with high-backed booths. Keenan was glad for the quasi privacy. They ordered greasy burgers with fries, but most of the food got cold, uneaten. His mom asked for a doggie bag. Keenan knew she would actually feed the leftovers to the dogs when she got home.

  Keenan insisted on walking back to campus, so they said good bye in the parking lot.

  “I think you should take Barry’s advice, Keenan.” his dad said. “It’s obvious the man knows what he’s talking about.”

  “But if I don’t do this, I’m going to be tried for murder, Dad. Murder.”

  “I’m sorry, son. If I could take your place right now, I would.”

  “I know, Dad.”

  “This just isn’t fair,” his mom said. She hugged Keenan long and hard before getting in the car to head back to Lyndonville.

  Chapter 33

  Sunday, December 1, 2013

  JAKE ACCOMPANIED Shannon back to Amy’s apartment when it was time to leave. They said goodbye at the corner so Amy’s parents wouldn’t realize that the “friend from high school” she ran into was actually a boy.

  “I’ll see you in a few weeks.”

  “They’re going to be long weeks.” She was thinking of the studying.

  “Just remember I love you and we’ll be together soon. You’ll get through it.”

  They shared one last k
iss before Jake had to go. Shannon felt a hollow feeling in her chest when Jake’s dark hair disappeared from view as he descended into the subway entrance.

  Shannon told Amy everything that had happened during the drive back to Vermont that afternoon.

  “What are you going to do?” Amy asked.

  Shannon took her eyes off the road and glanced at her friend. Amy’s expression was somber, which only made Shannon feel worse. “I don’t know. I can’t be in love with both of them. I need to figure it out, but I can’t right now. Finals are coming up.”

  “Tell me about it. We’ve only got two weeks until the first one.”

  “I need to keep my head in my studies. If I don’t, then medical school won’t happen.”

  “I hear you. But, you know it’s not right to be sleeping with two guys at the same time.”

  “I know. Believe me, I know. And Keenan wants to see me tonight. He’s been texting me since yesterday morning. I told him my battery died and that’s why I was incommunicado.”

  “Nice lie. Are you going to see him?”

  “I have no idea.”

  Chapter 34

  Friday, April 18, 2014

  BARRY KEPT Keenan in his office all the next afternoon going over his testimony.

  “The most important thing here is consistency,” Barry said. “Keep it short, sweet, and consistent.” He gave Keenan copies of his statements to study and coached him on how not to appear too defensive.

  “Whatever you do, don’t lie. It will come back to bite you.”

  “I would never lie.”

  “And don’t get angry. Even if you feel like they’re accusing you. If you get angry, they’ll think you’re capable of murder.”

  “I won’t. I promise.”

  “And call me this weekend if you have any questions.” Barry wrote his cell number on the back of a business card.

  “Thanks.”

  “You don’t have to do this, you know.”

  “I do. Have to do this. If I don’t, I’ll wonder if I could have stopped it.”

  As soon as Marcy left at five o’clock, Barry poured himself a Red Label and brought it back to his desk. He imagined Keenan in a jail cell for a decade, doing push-ups instead of playing hockey, reading instead of studying. It would be a waste of a promising life. He took a sip and realized his glass was empty. He got up and poured another scotch. That one seemed to disappear too quickly as well. He should go home. But Sam had been spending less and less time there. Probably because Barry had too.

  Chapter 35

  Tuesday, April 22, 2014

  BARRY MET Keenan at the courthouse on the morning of his grand jury testimony.

  “Are you sure I can’t convince you to not do this?” Barry said.

  “I have to.”

  “I’ll be right here in the hall if you need me. If you say you want to consult with your lawyer, they’ll take a break so we can talk.”

  Keenan walked through the courtroom door and Barry sank onto the bench outside the door. He probably should have tried harder to talk the kid out testifying. But, if he were feeling framed for murder, he’d want to tell his side of the story as well. Ah, the psychology of being a lawyer. They should teach a course on it in law school.

  FRED DUTTON knew he could put the Brody kid through the wringer, but truth be told, he wasn’t hellbent on indicting the kid. In fact, his life would be a hell of a lot easier if he didn’t have to try a high-profile homicide case with very circumstantial evidence at this point in his career.

  He had tried to present the evidence to the grand jury in an orderly and neutral fashion. He didn’t leave anything out, but he didn’t try to spin it either. His only witness before the grand jury had been Dustin Shores, who had spent a day and a half giving a good summary of the evidence. Fred’s final submission was a copy of the autopsy report. He didn’t even bother to bring the medical examiner down to testify.

  As icing, he let the kid tell his own story his own way. Without interruption. When it looked like the kid was done, he said, “Anything else the grand jury should know?”

  “I can’t think of anything right now, sir,” Keenan said. He’d sounded polite throughout his testimony.

  “Any questions from the grand jurors?”

  It wasn’t surprising there were few. The poor schmucks had only been grand jurors for two days; they didn’t have the job down yet. Nor would they likely before their careers as grand jurors ended in a matter of hours.

  Fred told the kid he was excused.

  The beauty of the grand jury was that it was so super secret that nobody would ever know how hard he hadn’t tried. Except for Barry, who would figure it out when he read the transcripts. But Barry knew better than to tell on him.

  KEENAN WALKED out of the grand jury room and collapsed on the bench next to Barry.

  “Are you done?” Barry said.

  “He said I could go.”

  “You didn’t come out to consult with me.”

  “They didn’t ask anything you hadn’t prepared me for. It wasn’t that bad.”

  “Really?”

  “No. I just told them the truth. I didn’t do it.”

  “Don’t get your hopes up,” Barry said.

  But Keenan couldn’t help it. He’d put so much time into preparing for his testimony. Just like it had been a final exam. And just like with a final exam, he knew he’d aced it. There hadn’t been any questions that he didn’t know the answers to. He knew he’d sounded sincere while he was testifying. He had to have. Because it was the truth. Nothing but the truth. And the grand jurors would be able to see that.

  He talked to both his parents by phone as soon as he got back to the privacy of his room. By the time he was done recounting everything, he felt like a weight had been lifted. He still had to deal with the assault charges, but at least people would stop calling him a murderer.

  That night, he slept for seven hours. It was the longest he’d slept since Shannon had disappeared.

  Chapter 36

  Wednesday, December 4, 2013

  “I CAN’T believe we’ve been back for three days and I haven’t seen you,” Keenan said. Shannon had begged out of seeing him on Sunday night, claiming that she was exhausted from the late nights and travel. She’d rejected his calls on Monday and Tuesday and sent him texts saying she was at the library and couldn’t talk. She’d even avoided open ice time at the arena so they wouldn’t run into each other. Finally, on Wednesday, she knew she had to deal with it. She accepted a call.

  “I’m sorry. I’ve just been busy.”

  “Are you okay? You don’t sound okay. Did something happen in New York?”

  “I’ve just got a lot on my mind. It’s the pre-med thing. Where are you guys playing this weekend?”

  “We have a home game on Friday night and an away game on Saturday in Rochester. I won’t be back until 2:00 a.m. on Sunday. I know you’re busy studying, but I really want to see you before I go. How about tomorrow night?”

  “Okay. I’ll meet you after practice.”

  “Great. I can’t wait.”

  Thursday came and she just couldn’t do it. While Keenan was at practice, she sent him a text: Im sick. Dont want u to get it too. TTUT. Talk to you tomorrow. Maybe she’d have it figured out by tomorrow. Unlikely. The only thing she knew was that she couldn’t sleep with Keenan right now. Not after she’d just slept with Jake.

  She got a text back that said: Get better soon. ILU. I love you too, she thought. But she didn’t answer. Instead, she checked her Facebook account and noticed that Jake had posted one of their selfies from the Statue of Liberty. The memory of their excursion made her smile. Automatically, she started to click on the Like icon, but fortunately she stopped herself in time. If she “liked” the photo, it would be accessible on her Facebook page. And anyone could see it. Including Keenan. She exhaled sharply as the close call registered.

  KEENAN WAS beginning to wonder if Shannon was avoiding him. It didn’t make sense. A we
ek ago she had said she loved him. Of course, girls had never made much sense to him. He needed to find out what was going on. He walked out to the convenience store where he’d bought the rose and bought a can of chicken soup, a bottle of ginger ale, and cough drops. On impulse, he threw a Cosmopolitan magazine on the counter. That should cover whatever kind of illness Shannon had.

  When she opened the door to her room, Shannon smiled.

  “I brought home remedies.” He held up a plastic bag.

  “I’m feeling much better.”

  “Are you even sick?”

  “I haven’t been feeling right.”

  “Can I come in?”

  “I guess.”

  He couldn’t resist scooping her into a hug. “You feel so good,” he whispered in her ear. He set her down. “How’s the studying going?”

  “I’m having a hard time.”

  “Did something happen? Oh my God, you’re pregnant!“

  “No, I’m not pregnant. At least I don’t think so.”

  “So, what’s the problem?”

  When she didn’t answer, he tried again. “Is it me?”

  “Sort of.”

  “Did I push you too fast? I know you said you weren’t sure if you were ready.”

  “Maybe.”

  “You could have just told me, you know.”

  “I know.”

  “I would have given you space if you needed it.”

  “I know.”

  “Is that what you want?”

  “I don’t know.”

  “Look, Shannon. I’m in love with you. I want to be with you. But if you need me to back off a little, I will.”

  “Keenan, you know I care about you. I’m just not sure I’m ready to be in a relationship. You know how important grades are if I’m going to get into med school.”

  “I don’t think this is about grades. Is it the sex?”

  “I don’t know.”

  “Are you having regrets about the sex? Because I’m not. But if you want to take sex out of the equation, I can do that. For a while, anyway. I just want to be with you.”