Broken Seed

by R J Machado De Quevedo

  “Oh,” I breathed. I sat down on the nearby knee-high brick wall and dropped my bag. “So now what?” I asked, feeling chilled through to my bones. It was cold out, but the chill I was feeling was an entirely different kind of cold.

  “The first thing you do for now is go directly to the courthouse and file that no contact order. Bradley spoke to his sister, Terra. She was cool about helping you. She isn’t supposed to do this, but she filled out the paperwork for you, and she’s waiting for you to come sign it, so she can officially file it. She spoke to a judge she knows, Judge Arthur Graham III, and he made an emergency slot for you at twelve thirty today. That was a soon as he could do it. Technically, she isn’t even supposed to schedule a NCO hearing until the proper paperwork is officially filed with the court, but he gave her his permission. He made an exception for Terra. Per Brad, the judge, and Terra kind of have a thing,” Elisabeth said.

  “Thank God. It’s a miracle I can even see a judge today at all! Oh, thank God,” I said relieved.

  “Yes, thank God is right. And we owe Terra big time for this,” Elisabeth said.

  “So which courthouse is she at and what department number is the judge in?” I asked, hoping she had remembered to ask.

  Elisabeth didn’t disappoint. She had the address, department number, and even gave me directions.

  “I’d better hurry then,” I said.

  “Yes. But please be careful, Mel. Your father is out there somewhere. And you know he doesn’t make idle threats. Please go to the courthouse, and then come here to my two o’clock class. Do you remember which building and room?” she asked.

  “Yeah, I remember,” I said.

  “Okay, see you then.”

  “Liz? How is Dwayne going to know there is a NCO if he’s out there and no one is able to find him to tell him or serve him the notice?” I asked, a small knot forming in my stomach.

  “Well, that’s the thing. Your father was supposed to be instructed to check in with his parole agent today or possibly tomorrow. But no one can confirm if he ever received his release instructions or not! They don’t have any record of it. To make this even more ridiculous, the paperwork he filled out to provide his would-be residence and contact information was somehow misplaced.” Elisabeth took a shaky breath. I knew it wasn’t from fear but her anger seeping out at their incompetence and the situation as a whole.

  “This is all according to the attorney from the Sacramento County DA’s office, Craig Wagner. He was the same guy who called Barty back to let him know Dwayne was already released. You see, it’s protocol for an inmate to check in within the first twenty-four hours to demonstrate they are in compliance with their parole and to establish their meeting schedule. And they’re supposed to review the parole guidelines during that first meeting with their parole agent as well.” Her voice was cold steel now, all the anger suppressed into the deep reservoir of her ironclad self-control.

  “And the NCO?” I prompted anxiously.

  “Wagner said, if you are granted a temporary NCO, they will present him with the notice when he arrives.”

  “But what if I see him before then? Do I have any grounds to call the cops unless he threatens me in some way? You know the system isn’t designed to be proactive but reactive!” I said trying to stay calm but failing.

  “Wagner said if you do see him, you can verbally inform him there is a restraining order, an active no contact order in place at the court, and you are to tell him that if he doesn’t remove himself from your vicinity immediately, he will be committing a crime. Then call the cops and report him immediately. A lot of good that will do, but it’s all we have until he is informed by his parole agent.”

  “But if they knew they made a mistake, why can’t they just arrest him again! Why can’t they just lock him back up in Folsom?” I said, looking for some explanation as to how this could be happening.

  Why did this have to happen like this? Why couldn’t he have stayed locked up in prison!

  “I know this is hard, Mel. But unfortunately, they can’t apprehend him again and put him back into prison once he’s been officially released and his sentence term has officially ended. Until he gives them a direct cause to place him back in lock up at the county jail or breaks the terms of his parole, all they can do is conduct an internal investigation. Innocent until proven guilty applies to him now that he is out. Even though the recording of the messages he left you prove he violated the terms of his early release by breaking the rules with the smuggled cell phone and by leaving threatening messages, once he was released, any evidence that may have supported such a motion to deny early release is now irrelevant and immaterial,” she said, an edge to her voice.

  “I don’t understand how,” I added, struggling to understand.

  “Even though the allegations were made before he was supposed to be released at noon, once he was let out, it changes what they can legally do and how it can be done. It’s possible they may have dismissed Bartholomew’s allegations had it not been evident the only way for an inmate to get an illegal cell phone within Folsom is by the hands of a correctional officer or another state employee that may work there. The most they can hope for is that he can help them catch the dishonest correction officer.” Elisabeth sounded disgusted.

  I didn’t care about how he got the phone right now. It wasn’t relevant compared to the fact my father was loose and out of his cage.

  “What if he disappears and doesn’t show up for his first twenty-four-hour check-in?” I asked. I had a bad feeling about this.

  God, I trust you. I trust you. You won’t let anything happen to me or Liz. I trust you.

  “Then a warrant for his arrest will be official. But there’s another thing they screwed up on, Mel. They were supposed to lock a GPS ankle bracelet on him! You know what that’s for, right? Basically, it’s to track him through an electronic monitoring system during the length of his parole since he got arrested for a violent sex crime and got out early. Well, child molestation and rape, aggravated assault, public intoxication, and resisting arrest, to be precise.”

  “Are you kidding me!” I yelled with disbelief. “You mean they could have been tracking him this whole time, and now they can’t because they forgot? How? How?” I repeated stunned.

  “The correctional officer who released him said he forgot. He could barely remember processing Dwayne at all, like it was all a foggy memory or something. He was so upset about screwing up he even offered his resignation. He’s a long-time officer, Melanie, over twenty-three years of service, and he said he’s never done something so stupid, not even when he was a rookie. Until they can confirm whether or not the officer had been drugged or possibly under the influence of something else of his own accord, they have him on temporary leave.

  “Both the DA and the warden are hoping Dwayne does the right thing and shows up to meet with his parole agent within the first twenty-four hours like he’s supposed to, so they can install the device and keep this from escalating. Also, since he has to register as a sex offender, per Penal Code 290, he’s required to go to a local law enforcement agency within five days of his release to complete registration. I got the impression from Barty they are more concerned with keeping themselves out of anymore hot water.

  “I’m sure the warden will put it all on the correctional officer that released him early and forgot the bracelet, but the strange thing is, other officers are always present when inmates are released. They have to pass through several gates and sensors to get out. All the officers said the same thing. They barely remember him leaving.” she snarled. “Incompetent fools…ah!”

  I bet I knew why the officers could barely remember processing him. They had been played with by the same dark forces at work who wanted Dwayne Bishop loose. They wanted him free to frighten me or, worse, to come after me.

  “It’ll be okay. It has to be. I won’t live in fear of him,” I said, getting my determination back to stand strong and not be a coward. Just thinking the enemy had orc
hestrated this made me angry and righteously indignant. I would not let him win.

  “That’s good, Melanie. But stay focused and be careful. The parole agent might even go check out Dwayne’s old residences, known contacts, and known prison buddies to try to catch up with him. The parole agents are allowed to do drop in home inspections, especially if they suspect a parole violation has been committed. In fact, they normally do a home inspection within the first few days an inmate is released. Can you think of anywhere he would be going other than back home to Redding?”

  “I don’t know, Liz. You know how cheap my father is. He owns the house. He inherited it from his parents when they died. I don’t think he’d want to spend money staying somewhere else if he has a free place there. Well, now that I didn’t show up to come take him home with me,” I said with a shiver down my spine.

  “He has to know they screwed up and so he may not want to go back to a predictable location until he thinks they’ve written him off. Just be careful,” Elisabeth said urgently. “See you soon, okay? We’ll talk after class about how it went at the courthouse. I have to get going. My class should have started about five minutes ago,” Liz said apologetically.

  “Okay, see you. And thanks, Liz. Thanks for helping me get this all worked out,” I said sincerely.

  “Anytime, Mel. Whatever you need. You know that. Love you,” she said gently and she hung up.

  I picked up my bag and walked briskly through campus and down to the parking lot to my little red car, looking left and right every few steps to make sure I wasn’t being followed and making sure no one was standing around watching me. I zipped out of the parking lot faster than I had ever driven on school grounds before. This was unbelievable. My father was loose! Out of his cage and I knew he wouldn’t wait long before he started actively hunting his prey—me.

  Jesus, help.

  NCO

  Chapter Twenty-Two

  About twenty-five minutes later. I was downtown and parked in front of the courthouse. The big shady trees and modern building set in the midst of a peaceful courtyard hid quite effectively the ugly truth that inside this building lives were changed, and terrible things were discussed, exposed and decided every day. It wasn’t just a feeling of atmospheric authority surrounding the courthouse, but it was as if this building was disconnected from the world outside.

  As I entered it, I felt the weight of thousands of destinies like a resonant hum along my skin. And under it was a current of deceit, pain, anger, revenge, sorrow, relief, and even malicious glee. It all slithered through the halls and squeezed past my skin like a pit of squirming snakes. I shook my head to clear the internal image. The mental picture cleared, but the feeling remained with me.

  I kept walking until I found the room where I was to file the paperwork and where Terra worked. I walked up to the counter and took a number from the red dispenser and went to sit down in a nearby chair. About three seconds later, I heard my name being called, not my number. I approached window number 4 where a pretty brunette with a blue streak in her hair smiled at me like she knew me. Her bright, hazel eyes shined with warm camaraderie. Was this Terra?

  “Estùpida güereja,” I heard a woman say loudly. Was she talking about me?

  “¿Quien se cree que es ella para irse directo a la ventanilla sìn tener que formarse como nosotros?” Another woman replied.

  I tried to ignore the grumbles and angry stares I got from a couple other people who had obviously been waiting here a lot longer than a few seconds.

  “Melanie Bishop?” she asked in a voice that was as pretty as she was and almost soothing with its deep undertone.

  “Yes, that’s me. How did you know who I was?” I asked, smiling at her warm welcome.

  “I’m Terra Carter. Bradley Carter is my big brother. I recognized you from the picture he text me that his girlfriend, Elisabeth, sent him. She’s your best friend, right?” she said conversationally.

  “Yeah. Elisabeth and I go way back. I was wondering how you knew to call my name and not this.” I held up the little red number. “I think I made a few people mad by cutting in line,” I said, glancing back at a snarling woman with her fussing baby who was trying to crawl out of her squeezing arms. The woman’s friend sitting next to her was glaring at me.

  “Oh, don’t worry about them. It’s none of their business anyway,” she said to me, and then she looked past me to give an unfriendly glare right back to the woman. “Mirè. ¿Sì quiere le doy un número nuevo y tendra que empezar la fila otra vez?” Terra said boldly to the woman still grumbling at my back.

  She turned back to me with a slightly mischievous smile. “Okay. So here’s the paperwork all ready for you. I even transcribed the voice mails Brad forwarded to me. It’s needed for the cause for NCO section on the second page. You just need to read it over and sign here.” She pointed to a line at the bottom of the first page.

  “Terra. It’s nice to meet you.” I held my hand out to her, and she took it with a wide smile. “Thank you so much for helping me out. I really… really appreciate this!” I said, choking up a little. I hadn’t expected to get emotional about it, but I was suddenly so overcome by her kindness and generosity to help me at the spur of the moment without even knowing me that the gratitude and emotion filled me up.

  “Hey, it was my pleasure. Bradley told me this guy was a real creep, and after listening to the messages, I got upset any father could say those things to his own child! I’m so sorry you had that animal for a father growing up. That had to have sucked big time. Anyway, I already let Art…I mean Judge Arthur Graham listen to them too earlier today in private chambers. He’s ready to grant the NCO, but he needs you to show up at twelve thirty in his courtroom to make it official,” she said quietly.

  “God, thank you. I mean it. If there is any way I can ever repay you…” I began.

  “No need. Brad and I exchange favors once in a while. It’s a sib thing. He already promised to pay me back. I’ve wanted to borrow his convertible Camaro for like a hundred years already. Now I get to,” Terra said with a spunky grin. “But between you and me, I’d have done it anyway. Stuff like this is why I work here,” she said, finally sliding the paperwork to me.

  “Thanks.” I took the paperwork and read it over quickly. She had been very thorough. She had all the names spelled correctly, the messages were transcribed exactly, and she even managed to articulate the level of fear these messages caused me. She had used some legal wording to emphasize the fact Dwayne admitted he was using a cell phone smuggled in illegally into the prison and it was the duty of the court to seek out justice in that matter as well.

  I got to the third page and saw she had attached a summary listing Dwayne’s full criminal rap sheet to the NCO paperwork as an additional exhibit to show a pattern of his behavior concerns and his history of criminal and lawless behavior. I wouldn’t have had access to that, and I probably would have just assumed the court would have pulled up his record in standard procedure of a filed NCO. But maybe I was wrong. Maybe they just didn’t have the time this early in the game. Maybe they only looked into that once he violated the NCO. I was glad she had thought of attaching it now to emphasize the threat he posed. And I hoped she wouldn’t get into trouble for helping me.

  I quickly browsed over his rap sheet with a twist in my stomach. He had gotten caught for more than I had ever known. The arrest list started when he was eighteen, but I bet he had a juvenile record too. What had my mother been thinking marrying him? What woman in her right mind would take a chance on a guy like this?

  The list of crimes ranged from petty theft, graffiti, defacement of government property, public intoxication, assault with a knife, resisting arrest, and in his most recent arrest, a conviction of child molestation and rape of a minor. The knot in my stomach tightened.

  Oh, Lord. He raped another child? Just like Vivian and Jill. Poor girl!

  “Wow,” I said quietly. I felt sick. Dwayne Bishop was a monster!

  “I know. It�
�s pretty bad. I was a little surprised myself it took him until he was fifty-four to get thrown in prison. I’m sure there was more he did that he never got caught for,” she said with pity in her eyes.

  “You have no idea,” I said.

  “Don’t worry. This little paper can really help. It can’t make him stay away, don’t have any illusion about that. But it gives you more power to see stronger results, if you have to call the police to come get rid of him for you. Just know it may take a few hours once it’s signed off by the judge for this NCO to get uploaded into all of the other law enforcement agencies criminal records systems. Once the judge signs off, the clerks have to log it in, scan it, and post it to CLETS. That stands for the California Law Enforcement Telecommunications System and the DOJ,” Terra explained.

  I signed the form with a steady hand, fully confident I was doing the right thing. Her attention to detail on the form and her straight to the point approach helped me to remain calm. She reminded me a little of Elisabeth. I slid the signed form to her with a growing hope this would help in some way.

  “Thanks again. Can I get a copy of this please?” I asked her.

  “Sure thing.” She stamped the document and typed something in her computer, then printed off a sheet and attached it to the NCO. She got up and made a copy and came back to the window.

  “Here you go. Judge Graham is upstairs and to the right at the end of the hall. Department 250.” She looked down at her watch. “You have about seven minutes before you need to arrive, but it’s okay to be early. He might be wrapping up the proceedings that were scheduled before yours. Don’t be alarmed if there are people sitting in the courtroom. It’s a public court, so anyone can enter to observe.

  “Whatever you do, tell the truth, and don’t try to hide anything when he asks you questions, even if people are in there watching. If he thinks you’re withholding something, he might draw this out, and you don’t need that. You need him to make a fast ruling. Like I said, he’s already on your side here. He just needs visual and verbal confirmation directly from you before he will grant the NCO. But don’t worry. He’s a fair and just man. Good luck. You’ll be fine.” She offered me her hand again, and I took it.