by R E Swirsky
Chapter 13
Friday, October 7th 11:14 am
Jack was finally allowed back in his house. He took the Friday off to sort the place out. He hadn’t expected it to be such a mess. The police had touched everything. He felt violated by the way the police turned everything inside out, and it made it difficult for him to focus. The mess in the house seemed to be descriptive of the way Donna had disappeared from his life. He did miss her.
He was going through Donna's clothes, collecting them together in different piles in the bedroom, when the phone rang.
"Jack, there's a shit storm down at the station this morning,” Brad said. “Have you heard anything?"
"No, what's going on?"
"Brian Barry is having a press conference in the next half hour."
"Josh's lawyer? What about?"
"DNA evidence came back. That's all I know. Dean is pissed, and the chief is screaming for answers."
"Nothing about me, I hope?" Jack questioned and swallowed hard.
"I doubt it. We would have heard from someone if it had to do with you. I've already had calls from all the news people asking me what I know. All I know is that it sounds big. Can I come and get you?"
"Uh, sure. We're not going down there are we?"
"No, Jack. I'd just like you to be with me at my office when this goes down. Just in case."
"Just in case? In case what?"
"News people will be knocking down your door as soon as this conference is over. There might even be some on the way to your house right now in light of this announcement."
"Shit!" Jack responded.
"I'm on my way," Brad said and hung up the phone, leaving Jack to ponder what the news was. He quickly stopped sorting Donna's clothes and dashed around to start getting ready for Brad to pull up in front of his house.
Jack looked out the front window at the Anderson's driveway for any activity. Nothing. They didn’t appear to be home when Jack was first allowed back in his house, and he was actually pleased they were not around. He did not look forward to the reaction he might receive from them when he did see them.
Brad arrived to pick up Jack, and they soon sat in Brad's office with the television tuned to Channel 7 as they waited for the news conference to being.
Josh's lawyer, Brian Barry, came to the podium. Fred and Tracey stood behind him. Jack tried to perceive anything he could from their stoic expressions about the news that would soon be disclosed, but he could read nothing from their faces.
Brian seemed very positive as he readied himself; he even shot an odd smile to some of the attendees who were impatiently waiting for him to begin.
He put his hand up to silence the crowd. He introduced himself and Josh's parents and then got right to the point.
"There has been a huge amount of evidence collected by the police in this investigation. I cannot disclose any details of what evidence has been collected as the investigation is still continuing, but I can say this: a number of significant pieces of evidence collected by the police were used to lay a murder charge against Josh Anderson.
"In this case, the evidence used to lay these charges by the Crown against my client were substantial enough, in the opinion of the Crown's Counsel, to find that Josh Anderson had both the motive and opportunity to have committed this crime.
"I do not believe my client is responsible for this crime. Much of the other evidence collected at the crime scene at the time my client was charged required additional scrutiny. One of the tools used to examine evidence collected at site is the use of a DNA analysis.
"I would like to announce today that I have been given the results of the DNA tests that were performed on certain key pieces of evidence from the crime scene. The DNA result on every single piece tested has come up negative for Josh's DNA. The prosecution does not, at this time, have any DNA evidence placing Josh Anderson inside the bedroom of Jack and Donna Gardner on the night of her murder."
The reporters pushed forward and began shouting questions, but Brian raised his hand to hush them and continued.
"In light of these results, I am now disputing the action of the Crown in laying these charges against Josh Anderson. It is for a jury to decide guilt or innocence based on the evidence thereafter collected and presented. I will say it once more: I have been told that there is no DNA evidence at this time that places my client in Donna Gardner's bedroom the night of the murder."
"Why would you announce this here and now?" shouted Mark Nichols from The Bluffington Post.
"My client is only eighteen years old. He has been remanded in jail until the trial. It could take as long as six months, or even more, before this ever gets to trial. That is a long time for anyone, especially someone young who is also currently enrolled at University and trying to create a future for himself. The Crown has a duty and obligation to lay charges only when they have looked at the evidence collected and to determine if the evidence collected supports the charge of murder. Only evidence that is substantiated can be used in making that decision. It must also be determined that the suspect had motive and the ability to commit the murder. The Crown must also look at the realistic possibility of achieving a conviction.
"Based on the evidence I have seen, I don't believe there is enough evidence to convict my client. Today I have announced that no DNA evidence puts my client in that room the night of the murder. If any of that evidence sent for DNA testing was used to sway or lead the Crown toward the initial charge levied against my client, then I would expect the Crown to re-assess their position on the charges against him."
"Are you suggesting the Crown drop the charges?" a CBC News reporter shouted.
"I am not suggesting anything. I am only saying there is no DNA evidence putting Josh Anderson in that room the night of the murder."
"How can they charge without any evidence?" Global News asked.
"They have evidence, they just do not have any DNA placing Josh in the room at the time of murder."
"So you are challenging the Crown in public on these charges against Josh Anderson? Have you spoken to the Crown Prosecutor?" Mark Nichols asked.
"I am holding this press conference today as a deliberate action to insist that the Crown take another look at the basis for laying these charges in light of the fact that there is no physical DNA evidence that incriminates my client. I have spoken to the Crown Attorney without success. We're here now to gain publicity for our plight."
"Oh boy, Jack," Brad said. "Brian's really ruffling some feathers now!"
Brian concluded the press conference and led the Andersons away without allowing anyone to ask any direct questions to Fred or Tracey.
"Shit. What does this mean, Brad?" Jack asked.
"It sounds to me like there is less evidence than originally thought. At least that's what Brian Barry is leading us to believe."
"If Josh is innocent, then what?"
"I don't think Barry is saying he's innocent. He's just doing his job to get the boy released and back home with his parents until the trial."
"I see," Jack said.
"Brian Barry doesn't come cheap, and he has been known to go far beyond the limits of normal protocols if he perceives that it is his only option for achieving the results he is paid handsomely to achieve."
Jack left the office with Brad. Brad's secretary was still busy fielding calls from numerous media outlets.
