by Rose Connors
Temporary Sanity
Rose Connors
IS HOMICIDAL INSANITY EVER A LEGAL JUSTIFICATION FOR MURDER?
Cape Cod attorney Marty Nickerson, formerly a prosecutor, faces hard questions as defense attorney for Buck Hammond. With TV cameras rolling, Buck took justice into his own hands. Now he is charged with murder one but he refuses the only viable defense: insanity. Marty and her partner in love and law, Harry Madigan, are already stretched thin when, on the eve of Buck's trial, a bleeding woman staggers into their office. Her attacker has just been found – dead – and he's an officer of the court. Now Marty has two seemingly impossible cases. But legal motions and courtroom strategy may be the least of her worries, as shocking revelations soon bring fear to the Cape and devastating twists to Buck's trial…
Rose Connors
Temporary Sanity
The second book in the Marty Nickerson series, 2003
For my son, Dave,
who shouldered this difficult year
with quiet courage and uncommon resolve.
Acknowledgments
It really does take a village.
Heartfelt thanks to: Garland Alcock, M.D., for extraordinary insight into the human mind and body; the Chatham Writers’ Guild, for meticulous critiques and rowdy lunches; the first-class staff of the Barnstable Law Library-Martha Elkins, Janet Banks, and Mareda Flood-for endless professional and moral support; Sara Young-you know what you did.
Humble thanks to Susanne Kirk, the mystery world’s premiere editor, and to Nancy Yost, the finest literary agent an author could hope to find.
And to my family, of course, thanks for everything.
***
1879. I asked Janet, the law librarian, where I might find a thorough discussion of the temporary insanity plea, and she referred me to a case decided in January of 1879.
“That’s too old,” I told her. “I’m looking for a more recent decision, one that explains why we preserve the defense, one that addresses the current philosophy supporting it.”
Janet climbed the ladder, then, to the top shelf, and pulled out a book so decrepit that portions of its dark brown binding fell in flakes to the library floor as she descended. She opened the yellowed pages to a case already flagged with a sheet of folded notepad paper. Apparently, she’d been asked this question before.
She flipped through the first portion of the decision, then pointed to the center of a page and handed the fragile book to me. “Mr. Justice Paxson gave it a lot of thought,” she said. “Read.” And so I did.
We are obliged by the force of authority to say to you that there is such a disease known to the law as homicidal insanity.
What it is, or in what it consists, no lawyer or judge has ever yet been able to explain with precision.
Janet was heading back to her desk when I looked up, but she paused to cast a meaningful glance over her shoulder. I got the message. A hundred and twenty-five years have passed. And nothing’s changed.
Chapter 1
Monday, December 20
“Your client is a vigilante, Martha. He blew a man away on live television, for Christ’s sake. We’ll get murder one at trial; the jury won’t have any choice. Murder two is a gift. I can’t do any better than that.”
Geraldine Schilling points a finger-gun at me and fires. She’s the newly elected District Attorney in Barnstable County, a jurisdiction that includes all the towns on Cape Cod. She’s our first female DA, and she won the election by a landslide with her “tough on crime” campaign. She plans to improve her margin the next time around. And she thinks this case will help her do it.
Technically, Geraldine is still the First Assistant to the incumbent District Attorney, Rob Mendell. His term won’t expire until the end of this month. Geraldine’s been the First Assistant for eighteen years now, and I worked with her for ten of them, until about six months ago. This is the first time I’ve looked at Geraldine from the opposite side of the table. She’s formidable.
Some prosecutors-maybe even Rob Mendell-would go easy on my client. This is no ordinary case. But not Geraldine. And the fact that she’s not yet sworn in as top dog is of little consequence. Geraldine Schilling is in charge around here. She always has been.
“Then why did you call me, Geraldine? What is there to discuss?”
She’s been on her feet throughout our meeting; Geraldine almost never sits down. She stares at me from behind her imposing oak desk, perhaps considering my question, more likely trying to decide if I’m bluffing. She drags hard on her cigarette, stubs it out in a crowded ashtray on the desktop, and folds her thin arms across her tailored jacket. She doesn’t answer, though. She tilts her blond head to one side and half-smiles. Her pale green eyes dart over my shoulder as she blows a steady stream of smoke my way.
I don’t have to turn around to know that Geraldine’s new side-kick, the soon-to-be First Assistant, is about to join us. J. Stanley Edgarton III always clears his throat before he speaks. It’s an annoying practice designed to alert all of us that his words are coming, lest we miss one of them.
“Reality, Attorney Nickerson,” he drones at my back. “Perhaps we should discuss reality.”
Geraldine hired Stanley a month ago-stole him, actually, from the New Bedford office-to replace me. A meticulous, prissy sort of man, he leaves behind an enviable track record. Stanley tried a dozen homicide cases during his eight-year career in New Bedford. He won them all. He doesn’t intend to lose this one.
“You do have some grasp on reality, don’t you, Attorney Nickerson?”
Geraldine’s office is spacious, but Stanley positions himself so that the tips of his tasseled shoes almost touch my boots. He does it on purpose. He’s always too close, always making me feel there isn’t enough oxygen in the room for both of us.
I move away from him and head for the door. “If that’s the best you can do, Geraldine, we’re going to trial.”
Stanley inserts himself in my path. “And your client’s defense, Attorney Nickerson, what might that be?”
My silent glare doesn’t deter him. He sidles toward me, eliminating the space I had put between us, and picks up a videotape from the edge of Geraldine’s orderly desk. He holds it in front of my face for a moment-as if I might not otherwise notice-before he moves toward the VCR.
“Perhaps it’s…Gee, I didn’t mean to gun him down in front of so many people. That’s a good defense.”
Stanley pops the tape into the slot and watches intently, a savage glee in his eyes, as the television screen lights up. He’s seen this tape before, of course. We all have.
“Or maybe it’s…Oops, I just meant to stand there holding the weapon. That might work.”
Stanley sports a vicious smile as an olive green military chopper appears on the small screen, descending to the only runway at Chatham Municipal Airport. When it lands, Stanley turns away from the TV and watches me instead.
A half dozen squad cars, and at least as many press vans, greet the chopper. Its door opens and Hector Monteros emerges, hands cuffed behind his back. He begins his descent to the floodlit runway, an armed guard on the steps ahead of him, another right behind. All three men lean forward, into the wind. The first hint of dawn is on the horizon.
In the lower-right corner of the screen, behind the wall of police cruisers and press vans, Buck Hammond steps from the hangar’s shadow. He’s my client. He stands perfectly still until Monteros and his escorts reach the runway. Then he raises a hunting rifle and fires. Monteros drops like a felled tree.
Stanley’s still smiling. “Or maybe it’s…Darn, I didn’t realize those TV cameras were rolling. Now, there’s a defense. One of my favorites.”
Stanley is shorter than I am-he’s shorter than most people, for that m
atter-and I examine the top of his bulbous head before I respond. Sparse, almost colorless hair parts just above his right ear, long strands of it combed over his pink scalp, the wispy ends just touching the top of his left ear. Beneath his vast forehead sit muddy brown eyes, too small for the head that holds them, too dark for the pasty skin that surrounds them.
He smiles up at me, apparently delighted by his own humor, revealing tiny, discolored teeth. “You people…,” he says, shaking his head, a thick vein pulsing across his forehead. I’ve noticed that vein before; it turns blue when he’s mad. And J. Stanley Edgarton III seems to get mad a lot.
Stanley has been calling us “you people” since he got here. New Bedford is only about thirty miles away, just on the other side of the bridge, but Stanley seems to regard Cape Codders-some of us, anyway-as an alien species. He turns his back to me, flicks off the TV, and wipes his hands together. I’m dismissed.
Members of the New Bedford defense bar warned us about Stanley. He’s an odd one, to put it mildly. He takes pride in being the first person in the courtroom each day, they report. He greets all trial participants upon their arrival, thereby establishing himself as the man in charge. For lay witnesses, people unfamiliar with courtroom procedure, Stanley even assigns seats. He is, in his own mind, one powerful fellow.
It’s going to be a long week.
“See you tomorrow,” I tell him.
Stanley faces me again, still shaking his large skull, his expression suggesting he pities my inability to see the light. “Looking forward to it.” His forehead vein throbs steadily.
I head for the office door, hoping I’ve dropped no hint of how worried I am. Buck Hammond had his reasons. And Monteros got precisely what he deserved. But that videotape is damning.
Geraldine leans across her desk toward Stanley as I head for her office door. I catch her words just before the heavy wooden door slams shut behind me. “Don’t underestimate her,” she says. I can’t help but smile. Coming from Geraldine Schilling, that’s high praise indeed.
Chapter 2
Harry Madigan’s last day with the Barnstable County Public Defender’s office was November 1. He planned to take a month off before opening his private practice. After twenty years, he said, it was time for a real vacation. Real or not, it lasted all of four days. And he never got off-Cape.
Barnstable County’s troubled residents-those who live on the edge when they’re not confined to county facilities-know Harry well. Some have been with him his entire career. They trust him. They filled his office, and his file cabinets, before he hung out his shingle.
Joining him was like throwing a life ring to a drowning man. No thought required. I wasn’t eager to return to practice after my years with the DA’s office, and Harry knew that. But when he approached me about Buck Hammond’s case, I had no choice. Harry knew that, too.
Sometimes I think Harry knows me better than I do. He knew I’d fight Buck’s battle, knew I’d view Buck’s act as justifiable homicide. We have a problem, though. Our criminal justice system doesn’t see it that way.
The system hasn’t yet acknowledged certain basic human truths. One of them explains the single shot Buck Hammond fired at the Chatham Municipal Airport. Our only hope is that a jury of Buck’s peers will rise to the occasion-set the rules aside, if necessary-to reach a just result. Juries do that sometimes.
Hector Monteros raped and murdered Buck Hammond’s seven-year-old son. Monteros was in police custody, charged with the crimes, when Buck fired the now infamous shot that took Monteros down. And he did it while two dozen people looked on, half of them police officers.
Evening news anchors and editorial columnists have been asking ever since: “How could this have happened?” My question is different. I wonder why it doesn’t happen every day, every time a child is victimized.
It shouldn’t have happened, of course. Buck Hammond shouldn’t have taken matters into his own hands. He should have let the system work, should have allowed Monteros to stand trial for his crimes.
Monteros would have been convicted. The DNA evidence against him was conclusive. He’d have spent the rest of his miserable days in a cell at Walpole, the Commonwealth’s maximum security penitentiary. And perhaps that would have been a more just result. Generally speaking, inmates don’t take kindly to child murderers.
That’s what should have happened. That’s the way our society should function. But I’m not prepared to condemn Buck Hammond for what he did. It wasn’t my son in the morgue.
Buck’s defense is an uphill battle, of course, and it isn’t made any easier by the fact that he shot Monteros while three television cameras were rolling. All cases have problems, but Buck’s has more than its share.
Harry was appointed to defend Buck Hammond on the day of the shooting. Buck was assigned a new lawyer when Harry announced his resignation from the Public Defender’s office, but neither Buck nor his family was happy about it. They wanted Harry back; no one else would do.
The relatives raised enough money to pay the initial retainer and asked Harry to meet with them. Harry said yes, of course; he’s never been able to say no to an underdog. They met at his new, not yet opened law office on the Friday of his first week of vacation. By the end of the meeting, Harry’s long-anticipated break was over.
After more than an hour of discussion with the extended family, Harry agreed to refile his appearance and resume Buck Hammond’s defense. Lucky for Buck. Geraldine Schilling made Buck the poster boy for lawless behavior during her campaign, calling him the Vigilante at every press conference. She put his case on a fast track; trial was six weeks away.
When Harry emerged from his office with Buck’s relatives that Friday, he found a dozen people in the waiting room. And he knew most of them. He’d parked his old Jeep Wrangler in the front driveway, visible from Main Street. His regular clients pulled in and parked too. And they brought a few friends.
He called later than usual that night. He couldn’t do it, he said. No one could. In one day, he’d opened more files than any solo practitioner could handle. He would have to call Buck Hammond’s relatives and reverse his decision. He couldn’t possibly carry this workload and be ready to try a murder-one case in six weeks. Unless, of course, he had a partner.
Even at the time, I knew Harry was playing a trump card. He’d been hounding me for weeks about joining the practice. I wasn’t ready, I kept telling him. I didn’t think I’d be any good at defense work. I didn’t want to be pressured into a decision. In Buck Hammond’s case, though, there was no decision to make. Harry knew that. I showed up for work the next day, and it happened to be Saturday.
Within the week, we lured Kevin Kydd away from the District Attorney’s office. Geraldine is still sore about it; she hasn’t replaced him yet. That means she’s stuck in the courtroom more often than she’d like. It means she isn’t available, at times, for the important things. Political rallies. Press conferences. Fund-raisers.
Geraldine has every right to be sore about losing her associate. The Kydd, as we call him, is a year and a half out of law school and probably the hardest-working young lawyer in Massachusetts. Any firm in the Commonwealth would hire him in a heartbeat. But Harry and I made him an offer he couldn’t refuse: long hours, longer headaches, and a salary with no way to go but up.
The Kydd gave Geraldine notice and joined us two weeks later. He went straight to work on the misdemeanors. Harry focused on the felonies. And I took on Buck Hammond.
Harry and I will try Buck’s case together-the relatives wanted him, after all-but I will take the laboring oar. Harry is swamped with other matters, and I have devoted my time exclusively to Buck. Now, the day before trial, Buck is as ready as he’s ever going to be to face the first-degree murder charge against him. So am I. I head back to the office anyway, though, to think it all through again, and again after that.
Harry is holed up in his office with Theodore Chase when I arrive. Steady Teddy, as he’s known on the streets, is charged wit
h trafficking cocaine in a school zone. This is his third drug offense, and, if convicted, he faces a hefty jail term. Steady’s pretrial conference is scheduled for this afternoon, and Harry, I’m certain, is trying to persuade him to consider a plea bargain. Harry and I both worry about this one. Steady Teddy isn’t a guy most Barnstable County jurors will like.
The Kydd has two clients seated in folding chairs in the front office, waiting to see him, but he’s fielding phone calls when I arrive. The cash flow won’t support a secretary yet-generally speaking, our clients aren’t high rollers-so the attorneys here answer their own phones, type their own pleadings, and open their own mail. It’s a no-frills operation. “Lean and mean,” Harry calls it.
Lean and mean though it may be, our practice is housed in a charming building, an antique farmhouse on Main Street in South Chatham. Harry chose that location, he said, so I would have the world’s easiest commute. I told him to forget it. I wouldn’t rush back into practice, I said, not even if he set up shop in my backyard. He bought the old farmhouse anyway.
And it suits him. South Chatham is a gem of a village, a seaside community of quaint shingled cottages and owner-occupied small businesses. Harry’s farmhouse was built in 1840 and it wears all the charm of that era; its original wide-pine floors are still in place, uneven and sloping through every room. Our clients are comfortable here in a way they would not be in the wealthier areas of Chatham. Their tired pickup trucks and work vans aren’t so glaringly misplaced here.
Harry and the Kydd both have offices on the first floor, on either side of our only conference room, a space with a large brick fireplace and built-in ovens. It served as the keeping room when the house was used as a residence. I work in a small, pine-paneled office on the west end of the second floor, a rustic, airy room with a view over the treetops to Taylor’s Pond, and beyond that to Nantucket Sound. Harry lives in the rest of the second-floor space. Turns out he’s the one with the world’s easiest commute.