The Price of Justice

by Marti Green

  “Ladies and gentlemen, you have listened carefully to all the evidence, and soon you’ll return to the jury room and begin your deliberations. It is an important duty that you have, especially in a capital case, where a man’s life is in your hands. I know you won’t take that task lightly. I promised you at the beginning of the trial that the evidence would point to only one person as the perpetrator of the horrific crime against seventeen-year-old Carly Sobol. And that person is Winston Melton. He was seen leaving the high school with Carly, and he admits he was with Carly in the woods. How could he deny it? The DNA in the strand of his hair found at the scene was conclusive. So, he knew he had to come up with a story to explain his presence there. But that’s all it is. A story. He has no proof that Carly was alive when he left her. Let’s look at the proof we do have. Winston was with her in the woods; there is no evidence that anyone else was in the woods.

  “Now, the defendant’s attorney has offered you a confession from someone else. A serial killer put to death for his own crimes. She says the defendant’s best friend saw Earl Sanders at the high school. But for seven years, he never told anyone that. He let his best friend come close to a lethal injection and kept quiet about seeing ‘a guy who didn’t look like he belonged there’— those are his words—at the school. Is he believable? Would your best friend keep quiet about something so important? I don’t think so.

  “Two people who didn’t know the defendant said Earl Sanders was in Palm Beach County back then. Maybe that’s true—it still doesn’t put him at the school. But let me ask you this: If you had more money than you knew what to do with, would you pay someone who was going to die anyway, to confess to a crime your child was charged with? Would you pay someone to say that other person was nearby when the crime was committed? You don’t have to decide whether that was done. You just have to look at the evidence and know that the only person who could have raped and murdered Carly Sobol was the defendant. And when you do that, you must find him guilty of murder in the first degree. Thank you.”

  Dani stood up, willing herself to contain her fury. Whiting had stepped over the line when he suggested Sanders’s confession had been bought. She’d begun to object, then stopped herself. It would only make it seem like she wanted to keep that out for a reason. Better to deal with it in her own closing argument. But she needed to remain calm, stay in control. She took a few deep breaths, then walked over to the jury box.

  “Ladies and gentlemen, we’ve come to the end of a long trial. But it’s a beginning for you. The beginning of your deliberations. I believe that the testimony you’ve heard will make those deliberations easy for you. Earl Sanders, a convicted rapist and murderer, has confessed to the crime Winston Melton has been charged with. You saw Earl Sanders’s confession during his taped deposition. You heard him describe how he stalked Carly Sobol, how he followed her to the high school, how he snuck up behind her in the woods when he saw his opportunity and strangled her, then raped her. He had facts that were known only to the real killer.

  “The prosecution would like you to believe that Mr. Sanders couldn’t have killed Ms. Sobol because there was no reliable evidence that he was in those woods. But you heard Mr. Sanders describe the other murders he committed, all of which went unsolved because he left behind no evidence. Why, then, would he have left behind evidence of his murder of Carly Sobol? He wouldn’t have.

  “Unable to attack Mr. Sanders’s confession with the evidence, the prosecution has made up its own story: Mr. Sanders must have been paid. He’s given you no evidence of that, though. No large deposits of money in Mr. Sanders’s bank account, or even in any of his relatives’ bank accounts. No visits to Mr. Sanders’s jail cell by any member of Winston’s family, or any of their lawyers. In fact, no one visited Earl Sanders except his mother, who made the trip once a month.

  “Your job is to determine the truth, based on the evidence presented in court. That evidence is clear. Earl Sanders, not Winston Melton, raped and murdered Carly Sobol. Thank you.”

  Dani returned to her seat, the judge read instructions to the jury, and they were led out of the courtroom. Her job was finished. Now all she could do was wait.

  They didn’t have to wait long. Two hours later, everyone was called back to the courtroom. Dani, Melanie, and Tommy notified Win’s parents and grandmother.

  “What do you think it means?” Lucy Melton asked.

  “It could be good news that they decided so quickly. But juries are unpredictable.”

  They all entered the courtroom. Whiting was already seated at his table. The judge was on the bench.

  “Bring in the jury,” Hinchey said.

  The door opened, and twelve men and women walked silently to their seats. Dani looked at each one, hoping she’d make eye contact and see a smile in return. Instead, the jurors all looked straight ahead, their faces blank.

  “I understand you have a verdict.”

  The jury foreman stood. “Yes, Your Honor.” He handed a folded sheet of paper to the bailiff, who brought it to the judge. He opened it, took a look, then had the bailiff return it to the foreman.

  Hinchey asked the defendant to stand, and he did, along with Dani and Melanie. Dani slipped her hand into Win’s. All eyes were trained on the foreman, who now looked directly at Winston.

  “On the charge of murder in the first degree, we the jury, find the defendant, Winston Melton, not guilty.”

  Dani felt Win’s hand go limp and gave it a squeeze.

  “On the charge of sexual battery in the first degree, we the jury, find the defendant, Winston Melton, not guilty.”

  As the courtroom erupted, Dani turned and hugged Winston. When she pulled away, she saw tears running down his cheek.

  “Th-thank you,” he whispered to her. “Thank you for believing in me.”

  A moment later, Win’s parents rushed them, with hugs everywhere. Tears streamed down Lucy Melton’s face, and Donald’s arm around her waist seemed to be holding her upright. Amelia Melton stood to the side, her erect bearing never wavering. She looked at Dani and, with the smallest of smiles, said, “Well done.”

  The pounding of the judge’s gavel brought everyone to a halt. “Quiet down, everyone, we’re not finished here. I hereby order the immediate release of Winston Melton. You’re free to go, young man.”

  Winston fell back into his chair. “I can’t believe this. I’m really free?”

  “Yes,” Dani said. “It’s over. You’re free.”

  As they left the courthouse, Dani saw Greg Kincaid stomp away, a vein pulsing in his forehead. Once outside, they were besieged by the throngs of cameras and reporters. Dani leaned in to Melanie. “You take the television crews. I’ll handle the newspapers.” Dani still felt self-conscious about the extra weight she’d now carried on her body for years. Everyone said the cameras added another ten pounds. She couldn’t bear to watch herself on television that way. Besides, Melanie was beautiful. Even with the camera’s extra ten pounds, the viewers would love her.

  Winston stayed by Melanie’s side, and Dani could hear the reporters ask him how it felt to be freed. Before she heard his answer, a voice called out to her. “Ms. Trumball, do you think this case demonstrates the problem with Florida’s Timely Justice Act?”

  Dani turned to the reporter, a young woman with sun-bleached hair and a freckled nose. “Yes, I do. If Earl Sanders hadn’t been so close to his own execution, he might not have confessed. Even if Sanders’s execution had been delayed only six months, it would have been too late for Winston. Florida would have executed an innocent man.”

  Finished with Dani, the reporter turned to Carly’s parents, standing nearby. “What do you think of the verdict?” Dani heard her ask.

  “Anyone who watched that tape had to know Earl Sanders killed our daughter,” Chip Sobol answered. “We’re just relieved that it’s over. Carly’s murderer is finally dead.” It took a half hour for
the reporters to finish their interviews with the attorneys, with Winston, with his family, and with the Sobols. When the hubbub finally quieted down, Dani felt exhausted. It was time to go home. Time to take a vacation.

  CHAPTER

  28

  Ocho Rios, Jamaica, was every bit as splendid as Dani had imagined. Soft sand leading to turquoise blue water, with sunshine every day. They’d gone fishing from a boat, snorkeled, climbed Dunn’s River Falls. Doug had attempted to teach Dani how to play golf on a course that looked out over the water. They’d even gone swimming with dolphins. Every evening she’d called home to talk to Jonah, and every evening he’d sounded happy to be with Katie. It had been a long time since Dani and Doug had taken a winter beach vacation, just the two of them, and every tight muscle in her neck seemed to unwind while there, even before they indulged in a couple’s massage.

  Before she’d left, HIPP had received the additional $500,000 promised by Amelia Melton if Winston was exonerated. The board, ecstatic at the windfall, decided to reward Dani, Melanie, and Tommy with a $2,000 bonus each. It had helped make her vacation more affordable.

  Grudgingly, Dani left the sun and warmth behind and returned to the bitter cold of New York. She arrived at the office fully relaxed and ready to take on a new client. She settled in behind her desk to look over letters from inmates seeking HIPP’s help. As she read the pleas, she wished HIPP could accept more cases. After all, the injection of money from Mrs. Melton should have helped. But they were still limited by the number of attorneys and investigators on staff, and the board had felt that it would be unwise to hire more, since that money wouldn’t be there the following year.

  She was absorbed in one letter when she looked up and saw Tommy standing in her doorway, his face ashen.

  “Come on in.”

  Tommy stepped inside and sat down on a chair. He placed his elbows on her desk and bent his head over, cradling it in his hands.

  “What’s wrong, Tommy? Are your kids okay?”

  Tommy shook his head. “It’s not the kids. Not Patty either.”

  “Tell me. What happened?”

  Tommy took a deep breath, then picked up his head. He got up from the chair and closed the door to Dani’s office. “Remember, I’d been suspicious that grand dame Melton had paid Sanders to confess?”

  “Right. And you checked it out. None of the Meltons or their lawyers visited Sanders. Just his mother.”

  “And then I met with his mother. She lived in a run-down trailer park. I figured no way did anyone give her money. But I kept thinking how I ran up to college when Tommy Jr. got in trouble. I knew I’d use whatever pull I had to get him off without a record. It’s just human nature to want to help your kids. Only Amelia Melton had the resources to help in ways most people can’t. I needed to be sure she hadn’t bought Sanders confession.”

  “What did you do, Tommy?”

  “You don’t want to know. Let’s just leave it that I was satisfied none of the Sanderses received any money.”

  Dani looked at Tommy quizzically. She knew he had many sources for information, mostly from former FBI buddies.

  “So, what’s the problem?”

  He hung his head in his hands again.

  “Tell me,” Dani said. “I’m a lawyer. You’re asking me for advice. Anything you say to me is privileged.”

  “There was this kid. Back when I was with the FBI, we busted him for hacking computers. Put a scare in him but let him off easy. He went on to finish college, got a job. I knew through the grapevine he was probably still into some hacking. I asked him for a favor.”

  Dani stared hard at Tommy. She didn’t want to hear what Tommy said next. Yet, she had to know. She gritted her teeth while he continued.

  “I asked him to check Mrs. Sanders’s bank accounts. It was pretty easy. She didn’t have much money. Earl didn’t have any bank account. He checked the accounts of her other children as well. They didn’t have much either. So, it was good. Sanders’s confession was genuine.”

  She knew what was coming. Please, don’t say it. Don’t tell me. If she could, she would have covered her ears and told Tommy to leave. But she couldn’t.

  “I thanked the guy, and that was that. Until this morning. He decided on his own to check once more. A few days after Win was acquitted, $500,000 showed up in Mrs. Sanders’s bank account. It came by a wire transfer from Independence Enterprises, Inc. He looked into the company and learned that its stated mission is to give a helping hand to disadvantaged but deserving people.”

  Dani brightened. The news wasn’t what she feared. Her hopefulness was quickly punctured.

  “He decided to investigate further,” Tommy continued. “The company was incorporated one week after the death warrant was signed. In addition to the half million given to Earl’s mom, Billy Clark and Debby Malone each received $25,000. I had him check further. The foundation made a few other disbursements before and after that, but I’m convinced it was just to cover its tracks. Amelia Melton must be behind it. Otherwise, it doesn’t make sense that the three most important people for Win’s retrial were selected to receive money. With the biggest windfall going to the mother of the most important witness.”

  Dani wanted to cry. She looked over at Tommy and saw his hands were shaking. The knowledge of what they’d done covered her like a black cloud, cutting off her air. Together, they had succeeded in setting a guilty man free.

  CHAPTER

  29

  “We have to tell Bruce,” Dani said. It was the right thing to do. She also knew what Bruce would say. Put it behind them, move on. Only she knew she couldn’t. She suspected Tommy would have a hard time doing that as well. Both of them came from the prosecution side. But the clients HIPP represented were innocent and didn’t belong in prison. It was one thing for her to choose to believe Win was innocent, absent proof of his guilt. If her efforts resulted in freeing a guilty man, well, she just couldn’t swallow that. Already, she felt a burning sensation in her gut.

  Tommy nodded at Dani, and she stood up.

  They picked up Melanie on the way to Bruce’s office. “What’s going on?” she asked.

  “Tommy found out something. It’s not good.”

  “What?”

  “Let’s wait ’til we get to Bruce’s office.”

  They walked into the director’s office together and took seats.

  “Uh-oh, the posse’s here. What did I do?”

  “It’s not you.” Dani turned to Tommy. “You tell him.”

  “I now have reason to believe that Amelia Melton paid Earl Sanders to confess to Carly Sobol’s murder.”

  The color in Melanie’s cheeks drained, and a scowl passed across Bruce’s face as his eyebrows lowered and pinched together. “That’s a pretty serious allegation. What’s it based on?”

  Dani piped in. “Tommy has consulted me as a lawyer, and I’ve advised him not to say how he learned this. But he’s told me, and it seems ironclad.”

  “We’re all lawyers in this room. If you’ve done something illegal, I need to know before HIPP takes a hit on it.”

  Dani reached up to twirl her hair, once again forgetting it was now short. “Just remember, I’d said I wouldn’t have continued with Win’s case if I thought he was guilty. No matter what the board said. You knew that. Tommy was just making sure we should go ahead.”

  Bruce sighed deeply, then looked at Tommy. “Look, I know it was unusual circumstances. I know I forced Dani into this. I’ll overlook whatever you did, as long as it was a one-time occurrence. But I need to know what happened.”

  Dani nodded at Tommy, and he filled in Bruce and Melanie about what he’d learned. When he finished, he said, “Part of me wants to go to the authorities, but I don’t want to get the hacker in trouble, and I certainly don’t want to bring them down on me.”

  Bruce leaned back in his chair and stared up at
the ceiling, saying nothing for a while. Finally, he sat upright again, his expression grim. He started to speak, then stopped and just shook his head.

  “What are you thinking?” Dani asked.

  “I’m thinking we have a serious problem.” He shook his head again. “We never should have taken that money. I should have fought the board harder on it. If it comes out that we accepted a million dollars to get a guilty man out of prison, we’ll never get another grant. Even our corporate and individual donors will walk away from us. Instead of letting some staff go, this could shut us down completely. Hundreds of wrongly convicted men and women that we could have helped just—” He couldn’t finish speaking. Instead, he slumped back down in his chair.

  “Maybe it won’t be discovered?” Melanie said. “I mean, Tommy wouldn’t have known if his friend hadn’t found out illegally.”

  “These things always find a way of coming out,” Bruce snapped. “Maybe Tommy’s friend gets caught hacking again. Maybe he decides to make a deal and offers up Amelia Melton. Or maybe some unethical journalist decides to do some hacking on his own and discovers it. Damn!”

  They were all silent.

  “Let me investigate further,” Tommy said at last.

  “Why? Double jeopardy’s attached. He can’t be tried again.”

  “I know. But I guess working with Dani this long has rubbed off. A small part of me wants to believe he really is innocent. That his grandmother did this to save him from the needle.”

  Bruce nodded. “Go ahead. You, too, Dani.” He laced the fingers of his hands together and squeezed tightly. “Frankly, the only hope of HIPP surviving this is if Win really is innocent. And at this point, it seems doubtful.”

  She should have known. It had seemed strange to her that Frank Lesco, Win’s Florida attorney, hadn’t kept Jack Donahue in the loop on his dealings with the state attorney. After all, Jack had handled the trial and all the appeals. The firm continued to handle the family businesses’ legal matters. Now it seemed clear to her. Donahue knew what Mrs. Melton had done.