Evidence of Darkness Page 13

  “It’s not your imagination. Joe Mahoney is extremely arrogant. I’m glad you picked up on that. I wish we could have been assigned a different prosecutor, but it’s luck of the draw. At least we got a judge who probably won’t stand for his nonsense in court.”

  “I certainly hope not. So, our strategy worked. We can assume the plea deal is the result of our adding LeeAnn to our witness list, compiled with submission of the incriminating counseling records as evidence.”

  “If you call a charge of voluntary manslaughter ‘working,’ then yes, it worked.”

  Once they reached the car, Mike started to open the door, then paused, “Okay, so now we convince Adele to take the voluntary manslaughter plea? That’s a Class B felony, so the judge delivers a sentence of five to twenty-five years. She’ll probably get five because she has no prior record and ta-da, it’s over? Maybe if she’s lucky, she’ll get out on parole a little early?”

  “No! She’s going to decline the deal,” she said curtly as she climbed into the driver’s seat.

  Mike climbed into the passenger side and slammed the door shut. “What makes you so sure she’s going to decline the deal? Are we at least going to discuss this so we can advise her properly?”

  Reesa looked at the clock on her dashboard and pulled out of the parking spot. “I guess we can discuss it over lunch if you’d like. I didn’t eat breakfast so I’m starving.”

  He smiled at her and chuckled. “You’re actually asking me to have lunch with you? How could I refuse such a long awaited invitation?”

  Reesa looked straight ahead. “Don’t get your hopes up. It’s just lunch.”

  Mike set his elbow on the console between their seats and rested his chin on his fist, gazing at her. “My, my, my, Miss Collins, what would possibly make you think I’m getting my hopes up?”

  She sensed he was staring at her as she drove and it made her uncomfortable. She finally nudged his arm off the console with her elbow. “Would you please stop it? I’m trying to drive!”

  His elbow slipped off the edge, causing him to lose his balance and his head almost ended up in her lap.

  Watching him fumble, she couldn’t keep herself from laughing. “And would you quit with the ‘Miss Collins’ crap? You’re getting on my nerves and I don’t have very many left!” Mike sat upwards in his chair and grinned at her playful gesture. He seemed happy that he had lightened her spirits, even if it was at his own expense.

  They were both still smiling when they arrived at the restaurant a few minutes later. Once they had ordered their lunch, Mike was anxious to discuss the plea deal.

  Before he could even start talking, Reesa suddenly became serious. “I’m so sorry, Mike. I didn’t even think to ask if you had plans for lunch. It is Valentine’s Day. I hope I’m not ruining anything.” As soon as she spoke the words, she regretted saying them. She had no idea why she would even make such a comment.

  Mike tilted his head and smiled at her. “No, I have nothing planned today. Actually, this surpasses any plans I could have possibly made.”

  Reesa was embarrassed and quickly changed the subject. “You wanted to discuss the deal?”

  “Yes. I just want to know why you’re so sure Adele should decline it? I would think five years in prison is a much better option than the potential of life in prison. Especially given the fact that by the time she’s sentenced, she would have already served almost a year. Furthermore, to be realistic, neither side has exceptionally strong facts in the case. The verdict could really go either way. Is it even worth risking it? I mean, life in prison? Not to mention the life-long stigma associated with being convicted of first-degree murder.”

  Reesa agreed with every logical point he was making, but her blood was boiling. “You’re missing several very important points, Mike. The first one is that the DA’s office could care less about Adele. They could care less if she’s guilty or innocent. All they care about putting someone behind bars for the murder of Victor DeWald, and, saving time and money. This trial will probably cost the state almost a million dollars. The next point is that the whole process of plea bargaining bypasses the justice that Adele deserves – that she’s lawfully entitled to.” She tensed up and her voice got louder as she continued. “Not only that, if she were to accept the deal, it would portray the admission of guilt. I, for one, believe she murdered Victor in self-defense. If you believe otherwise, perhaps you should excuse yourself from the case!” Once again, she was in anguish for what had just slipped off her tongue. She looked down in her lap just as the waiter appeared with their food.

  Mike placed his napkin in his lap.

  When Reesa looked up to eat, he was looking at her somberly. “You know damn well I believe she killed him in self-defense, so I’m going to let that comment slide. If you recall, I’m the only one of us who actually read LeeAnn’s entire counseling transcripts. I’m well aware of the fact that Victor DeWald was a violet man. I just want to present all the angles of this deal to you. One of us has to be rational here.”

  Reesa opened her mouth to speak and he put his hand up to stop her. “Hear me out, Reesa. I know you’re an exceptional attorney. You don’t need to convince me of that. I just feel that for some unknown reason, there have been times that your strange emotional connection to this case has clouded your judgment. Granted, most times it has worked out in our favor, but what if, just if, we make one emotionally driven decision that lands Adele in jail for the rest of her life? Are you okay with that? I’m sorry, but I’m just not!”

  She knew every word he had spoken was the truth. Unable to say anything in rebuttal, she took a long sip of water while Mike started eating his lunch.

  After several minutes had passed, she cooled off and felt remorseful. “I’m sorry, Mike. I shouldn’t have said that. Please, tell me what else you think we need to consider. I’ll listen. I promise.”

  Mike swallowed, then set his fork down on his plate. “Well, I think we need to consider the possibility that Adele may not even be strong enough to testify on her own behalf. We both know it’s going to be brutal. Every time we see her she appears to be weaker.”

  Reesa was making an honest attempt to digest everything he was saying. She was determined to put her own agenda aside and be rational about the plea deal. “We’re going to have to make her strong enough. We need to spend more time preparing her for the questions the prosecutor might throw at her. We can do this, Mike. I know we can.”

  “Okay, but I think when we present the deal to Adele, we should let her make the choice to accept or decline it prior to interjecting our thoughts. We’ll lay out all the possible consequences of each option, then give her our opinions if or when she asks for them. I sense you and she have some strange unspoken bond. Maybe it’s just a female thing, I don’t know.” He put his hand in the air and paused. “Please don’t throw your water at me or anything. My point is, she’s going to do whatever you tell her to do. I just want her to make the choice first. Part of me questions whether she’s even strong enough to cognitively weigh her options. We have to be her common sense to some extent.”

  Reesa was listening, thankful that he was doing most of the talking so she could eat. “She still knows what she wants and needs, Mike, regardless of how we present her options.”

  “I certainly hope so, but I still have one more scenario to present to you, then I’m finished. What if, just if, she’s convicted of first-degree murder and they sentence her to death? Could you live with that?”

  Reesa felt a lump formed in her throat. She stopped eating and looked at him in surprise. “Mike, they haven’t executed anyone in the State of New York since Eddie Mays in 1963. Why would you even think that could be a possibility?”

  “I just wanted to present all the potential risks before we advise our client. That’s all.”

  “I think you’ve done that very well. Why don’t you eat your lunch before it gets cold.”

  “Excellent idea.” Mike proceeded to eat his lunch in silence.
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  While they were waiting for the bill, he looked at Reesa inquisitively. “I do have one more question.”

  “You’ve already exceeded your quota of questions for the day, Mike.” She placed her head in her hands and looked at him. “I know you’re going to ask it anyway, so go ahead.”

  “There’s just one thing I don’t quite understand. Explain this to me, if you can. What exactly is the difference between merely serving a relatively short time in prison, realistically four to five years, as opposed to the risk of incarceration for an entire lifetime? If it were me, even the remote possibility of life in prison wouldn’t be a risk worth taking. I think I’d accept the plea deal.”

  “If one is innocent, spending one day in prison feels like a lifetime. Spending four to five years would be unconscionable. So, what’s the difference between accepting the plea deal as opposed to risking spending a lifetime in prison? One word, Mike – hope. If she were to take the deal, she would have no hope. If it goes to trial, she has hope. Hope that she would be out of that hellhole and get the help she needs to move forward with her life. What would you do if you had no hope, Mike?”

  11

  PLEAS REFUSE

  The morning after receiving the plea deal, Mike appeared in the doorway of Reesa’s office. “We’re cleared to meet with Adele at one o’clock today. Is that time acceptable to you?” he asked, his hand still holding the molding around the doorframe.

  She glanced up at him. “Yes, that’s fine. Thanks for getting that scheduled.”

  “No problem. Anymore thoughts on how we should approach her with the deal?”

  “No, not really. What about you?”

  “I’m good. I’ll be ready at twelve thirty to head over there.”

  She returned her attention to the document on her desk. “Thanks, Mike.”

  They arrived to the Metropolitan Correctional Center promptly at 1 p.m. After being searched and depositing most of their personal belongings into a plastic box, they were immediately escorted to a meeting room. They waited almost twenty minutes before Adele was finally ushered into the room.

  Reesa gasped when she saw her. One side of Adele’s face was swollen, and her lips were lacerated. Her left eye was black and blue, and she appeared to be limping as the guard shoved her into the conference room. She was on the verge of tears as she slowly sat down in the seat opposite them.

  Once the guard had taken his position by the door, Reesa looked at her with concern. “Adele, Mike and I need to know what happened to you?”

  Adele’s bottom lip started trembling. It was obvious she was trying to hold back her tears. She looked at Reesa, pleading with her eyes. In a weak voice, she answered, “Please help me get outta here. Isn’t there anything you can do?” She looked at Mike, then back to Reesa. “I don’t know if I’m gonna make it.” Tears started streaming down her face. She attempted to wipe them away with the back of her cuffed hand.

  Reesa felt a knot form in her stomach. “We’re doing all we can. Tell me what happened to your face.”

  Adele glanced at Mike then looked down in her lap.

  Reesa sensed she was uncomfortable with Mike present. “Adele, would you like Mike to leave the room while you tell me what happened?”

  She nodded her head.

  Mike immediately stood up, walked over to the guard and requested to leave the room.

  Once he had left the conference room, Reesa looked at Adele, fearful of what she might be about to tell her. She leaned in toward her. “Okay, can you tell me what happened?”

  Adele tried to scoot the chair closer to the table. After glancing to both sides, she leaned in and whispered, “They put a new chick in my cell. Randi. I didn’t have no problems with my last cellmate. But Randi, I could tell she had it in for me from the start. She’s mean – like to the core. I can tell, ya know?”

  “Sure. Is she the one who did this to you?”

  Adele looked down at the table and quietly replied, “Yeah.” Then she abruptly looked back up at Reesa. “I’m not a bad person, Ms. Collins. I’ve never been in trouble with the law. I do what I’m supposed to do, ya know? I was being nice to Randi. I didn’t wanna cause no trouble. I’m not a fighter.”

  “Tell me what happened, Adele.”

  “Well, last Wednesday night, I finally fell asleep. I can hardly sleep anymore anyway, the cell is so cold all the time. Plus, I keep gettin’ these nightmares. You know? They come almost every night. But, I was finally asleep in my bunk– ”

  “We’re you sleeping in the top or bottom bed?”

  “I was on the top.”

  “Okay, continue.”

  “I was sleepin’ and I woke up ‘cause someone was messin’ with me.” She grimaced and became very agitated as she spoke. “She was touching me. You know, fingerin’ me!”

  “Try to calm down, Adele. I need to know everything that happened.”

  She started shaking her head frantically. “I don’t know what happened to me. I just went ballistic on her. I started kickin’ and punchin’ her. I guess when I first woke up, I didn’t know who it was, ya know? It took me a few seconds to figure out where I was and who was messin’ with me.” In a pleading tone, she proceeded. “I’m not a violent person, Miss Collins. I just couldn’t stop! I musta really pissed her off ‘cause then she grabbed me by my hair and pulled me off the bed. My face hit the desk when I fell. Then she started beatin’ the shit out of me!” Her eyes were darting back and forth and she was becoming excited.

  Reesa became worried the guard might remove her from the room. In a soothing voice, she remarked, “Adele, look at me and try to calm down, okay? It’s important that I know exactly what happened after the fight started.” She glanced at the guard then lowered her voice and leaned in toward her . “What did the correction officers do?”

  Adele looked up at the ceiling and took a deep breath. After she exhaled, she said, “We were still fightin’ when the guard barged in our cell. He threatened us with pepper spray and cuffed us. Then he took us to the box.”

  “To solitary confinement? Is that what you’re referring to?”

  “Yeah. It was awful! I just can’t do this no more.”

  “How long were you in solitary confinement?”

  Adele began rubbing her palms together and appeared anxious. “Three days. It was like livin’ in a dirty bathroom for three whole days, only it felt like years. I thought I was gonna lose my mind!” Her face appeared terror stricken as she recalled the event.

  Reesa’s reached her hand across the table toward her. “Adele, you’re okay now. It’s over. Okay?”

  She nodded, “Yeah…I know. It’s over. I just can’t do that again.”

  “Once you were returned to your cell, did you have a different cellmate?”

  “Yes, thank God. Randi would have killed me sooner or later…or she might have even…” She contorted her face and looked down, unable to say the word.

  Reesa knew what she was about to say. “Rape? She might rape you?”

  “Yeah…yeah.” Her hands started shaking as she slowly nodded her head, still looking in her lap.

  Moments passed without either of them saying a word. Reesa began wishing Mike was sitting in the chair beside her.

  Adele abruptly sat up in her chair. In a demanding tone, she screamed, “YOU HAVE GOT TO GET ME OUT OF HERE! I CAN’T DO THIS!”

  The guard walked toward the table. He was about to forcibly remove Adele from her chair when Reesa raised her hand and stood up. “It’s fine – she’s fine. Please, let us continue our meeting.” The guard backed off but remained standing directly behind Adele.

  Reesa looked at her intently. “Adele, I’m so sorry that this happened to you. I’m going to do everything I can to ensure it doesn’t happen again. Mr. Jenkins and I are working diligently on your case. He and I need to discuss something with you today. Is it okay if he comes back in now?”

  Adele nodded her head.

  Reesa turned toward the guard. “I’d like
Mr. Jenkins to return to the conference room please.”

  He nodded and walked to the door.

  A few minutes later, Mike entered the room and cautiously walked to the table and sat down.

  Reesa hoped Adele would be able to remain calm so the guard wouldn’t remove her from the room before they had a chance to discuss the plea deal.

  Mike turned his head and looked at Reesa, asking quietly, “Would you like me to present the deal to her?”

  “Yes, that would be fine.” She was uptight and needed a moment to regroup her thoughts.

  Mike turned to Adele and calmly explained the plea agreement the DA’s office had offered. He articulated every fine detail and concession contained in the agreement. Once again, Reesa felt soothed by his calm demeanor. As she glanced at Adele, she seemed to be more relaxed as well.

  Once he had finished, Reesa looked at Adele. “Do you fully understand the plea agreement, and the potential consequences of accepting or declining the offer?”

  “Yeah, I think so,” Adele replied quietly.

  “Do you have any questions you’d like to ask Mr. Jenkins or myself before making your decision.”

  “Um, yeah. I’d have to plead guilty to killing Victor?”

  Mike interjected, “Well, yes, but you would be pleading guilty to the much lesser charge of manslaughter. Not first-degree murder.”

  “Okay, well, you said the sentence for that is five to twenty-five years? Right?”

  Mike quickly responded, “Yes. But like I said, since you’ve had no prior convictions, your sentence will most likely be five years, which is the minimum sentence based on the state sentencing guidelines. But, you could potentially receive a parole hearing before your sentence is fulfilled. Providing you’re a model prisoner.”

  Adele started shaking her head and tears started running down her cheeks. She looked at Reesa. “But…but what if the judge gives me more than five years? You can’t guarantee that, can you?” she asked, looking from Reesa to Mike.