Media Justice

by Dennis Carstens

  “He’s a lawyer who represented Brittany in a wrongful death suit when her husband was killed in a car accident. He got a settlement for her. Alan would like to get this case but we told him we wanted a lawyer who does criminal defense. He went to see Brittany as a courtesy.”

  When Marc heard the word settlement, he immediately realized Brittany probably had some money. Relieved that he was likely going to get paid, he turned back to Brittany and said, “I think we need to talk alone. Is there somewhere we can go?” he asked nodding at both Brittany and Maddy.

  “She can sit in,” Barbara said a bit testily referring to Maddy, “but we can’t.”

  “Mrs. Riley,” Marc politely began. “Madeline is an employee of mine and as such, is also covered by attorney client privilege. She cannot be forced to testify against Brittany. You and your husband,” he continued looking at Floyd who had been sitting quietly, “are not covered and could be forced to testify about anything that you hear or anything Brittany says.”

  “They can make her mother testify against her? That’s ridiculous,” Barbara said.

  “I’m afraid so. Is there someplace we can talk?” Marc asked Brittany.

  “We can use the basement,” she replied. “It’s finished.”

  The three of them went down into the finished basement and took seats in the family room.

  “First of all, do you want me to take your case?” Marc asked.

  “Yes, absolutely,” she replied. “I liked the way you took control of things in court. It made me feel better and definitely made me feel more confident.”

  “Okay, tell me about what’s going on here; about your daughter and everything up to today.”

  For the next half hour, Brittany went over the entire story. She began with first meeting Bob Olson at work, their dates together and with Becky. She talked about the night Becky went missing, the panic she went through and the efforts she made to try to find her that first day and over the next ten days. She skipped over the parts concerning her social life during that time and the stories she made up to keep her mother at bay. She told them about the public pleas for help, the TV appearances and that awful Melinda Pace which seemed to upset her more than discussing Becky’s disappearance.

  “Ever since then, when she practically accused me of hurting my little girl, the news people have been all over us. They’re such assholes!”

  “Tell me about the arrest and this weekend,” Marc said.

  Angry, now, Brittany started in on the arrest. “They banged on my door at midnight, almost busted it in. It scared the hell out of me. I was sleeping and I heard them pounding on the door. I got up, looked through the peephole and the hall was full of cops. I opened the door and they came barging in. They almost knocked me down. One of them pointed a gun at me and another one made me kneel down and put my hands on my head. Three or four others went through my apartment and tore the place up. They made a huge mess. My mom spent the weekend putting my apartment back together.”

  “Your mom cleaned up?” Maddy asked.

  “Yeah,” Brittany nodded, smiling slightly, answering her beautiful new friend.

  “That’s too bad,” Maddy said to Marc. “We could’ve taken some pictures.”

  Marc nodded to Madeline, turned back to Brittany and said, “Then what happened?”

  “The sheriff was there walking around glaring at me trying to intimidate me which he really did. I was so scared I almost wet myself. Then they put handcuffs on me, behind my back and really tight. One of them got a pair of flip flops for me for shoes then they took me out to the front.”

  “Did they read you your rights?” Marc asked.

  “Maybe, I don’t remember. I was so shocked and scared,” Brittany replied.

  “Okay, go on,” Marc said.

  “We went out the front, there were lights all over and people with cameras and microphones yelling questions at me about Becky, did I kill her and things like that,” she said as the tears started to flow and she began sobbing. “They put me in a car and made me sit there while they kept taking pictures and filming me. Then the sheriff stood in front of the cameras and talked to them. I couldn’t hear what he said but my mom told me she saw it on TV and the sheriff made me sound like a terrorist or something. They asked him if he thought I killed my little girl.” She started sobbing then and Marc and Maddy waited for her to calm down to continue.

  “How could they think that? How could they believe I could hurt my baby?” she asked after she had calmed down. “Why are they such terrible people?”

  “I don’t know,” Marc shrugged. “I guess they just believe they have a job to do.”

  They took a brief break so Brittany could use the bathroom. Maddy went upstairs and came back with a glass of water for her. Brittany drank half of the water, thanked Maddy, and then told them about her weekend in custody.

  The cops questioned her almost the entire night. She had been booked into the jail around 1:00 o’clock and four of them, all in plain clothes kept after her, off and on, until 6:00 A.M, They went over the same things without let up. Where was Becky? What did she do with Becky? Why did she get rid of Becky? Over and over.

  “I got so tired and worn down. I kept telling them it wasn’t me; that Bob did it but they didn’t believe me. They couldn’t find him and they no longer believed me because they couldn’t find anyone who had seen Bob except me. Like I said, I was so tired that I almost said I did it just so they’d leave me alone.”

  “Did you say that?” Marc asked.

  “No, I definitely did not,” Brittany said, almost defiantly. “Because I didn’t do it. I didn’t hurt my little girl. Do you believe me? I have to know you both believe me.”

  “Yes, I do,” Marc sincerely answered her pleas.

  “Of course,” Maddy said as she reached over and took Brittany’s hand and gently squeezed it.

  “They finally put me in a cell with another girl and I lied down and slept. Then around 1:00 o’clock Saturday afternoon, I was taken to see Alan Reeder.”

  “What did you talk about?” Marc asked.

  “Why I was in jail. That stuff. He told me he told the cops they couldn’t question me without a lawyer so after that they didn’t. Then Monday I was brought to court.”

  “And you didn’t admit to anything?” Marc asked.

  “No, absolutely not. I was scared but I was really pissed too. In fact, I told the young cop, Stu, to go screw himself. Of course, that’s not the word I used. He had been nice to me before but now he was being an asshole.”

  “Good for you,” Maddy laughed. Marc smiled and said. “Okay. Here’s the deal. Right now you’re charged with child neglect. It’s punishable by a three thousand dollar fine and up to a year in jail, maximum. But, it’s pretty obvious they’re after you for your daughter’s disappearance,” he added being careful to use the word disappearance and not death.

  “To take your case I’ll need a five thousand dollar retainer,” he said as he pulled a sheet of paper from his briefcase. He took a few minutes to go over the details to explain it for her. She signed and he was now officially her lawyer.

  Before they left, Barbara wrote a check for the retainer which Marc promised to hold for a couple days so she could transfer some money to make the check good. Marc then took a few minutes to politely explain that even though Barbara wrote the check, he represented Brittany and no one else. He could tell Barbara was a bit annoyed with that, but she managed to put on a phony smile and assure him she understood. The entire time Floyd sat on the couch and had not said a word.

  Before leaving, Marc went over her current case, the child neglect charge and explained the process to everyone. He made it very clear Brittany was not to speak to anyone, including family members about anything unless Marc was present. Barbara began to protest this but stopped herself when Marc held up his left hand to her.

  “You can be forced to testify,” he reminded her.

  “I’m sorry, you’re right,” she sincerely
answered him.

  “Keep up the search for Becky. Right now, that’s the most important thing. Nothing else matters compared to that,” Marc told them.

  “We’ve got more searches planned all week,” Floyd said speaking up for the first time. “In fact, I’ve taken a leave of absence from work.”

  “Great,” Marc told him. “And keep up the publicity. You can talk to the press about the search but be very careful what you say about anything else especially Brittany’s case.

  “We’re going to take off now,” he said as he stood up. “I’ll go out and talk to the media and try to get them to back off. At some point you might want to get a lawyer for yourselves to help protect you and look out for you.”

  “Do you really think that’s necessary?” Barbara asked as she shook Marc’s hand while Maddy walked to the front door with an arm around Brittany’s shoulders.

  “Yes, I do. If I think of someone, I’ll let you know,” Marc said as he shook Floyd’s hand.

  Marc joined Maddy and Brittany at the door. As he began to extend his hand to Brittany, she stepped up to him, wrapped both arms around him and buried her head in his chest. He returned the hug a bit awkwardly as she looked up at him and said, “Thank you, so much. I feel better already.”

  “Good,” he replied as they released each other. “You have my card. Call anytime and leave a message if you have to. Even on my cell. I’ll find out what the cops and prosecutors are up to and get back to you.”

  A minute later, Marc and Maddy walked to the end of the Rileys’ driveway to face the mob. The moment they saw the lawyer and his assistant step through the Rileys’ front door, they grabbed their video cameras, recorders and microphones and scurried toward the driveway like hyenas after fresh road kill.

  “That’s first,” Marc said pointing at several of them who had intruded onto the Rileys’ front yard. “That right there, is trespassing and it’s a crime which could include jail time.” Marc continued to stare at them until they backed off into the street. He turned to face the rest of them and at least two of them shoved microphones toward him and began asking questions.

  Marc stood quietly, patiently waiting for the noise to die down. After thirty seconds or so it finally did.

  “Let me make a statement then I’ll take a couple of questions,” Marc said.

  Without waiting, one of the male reporters looked at Maddy and asked, “Can I get your name?”

  “And phone number?” A second man chimed in.

  Maddy looked at Marc who shrugged and said, “Go ahead.”

  She gave her name and explained who she was and what she did, taking the opportunity to get a little free publicity. Marc intervened and told them she was working with him. He confirmed he had been retained to represent Brittany and the shouting of questions erupted again.

  Somehow Gabriella Shirqui had managed to squeeze her way through the crowd and was standing quietly in front of Marc. She was a reporter he knew from a previous case. He could not resist looking into her beautiful dark eyes then said, “Gabriella, do you have a question?” This managed to quiet the rest of them in anticipation and brought a tiny smile to Maddy’s lips.

  “Do you have any new information about Becky’s whereabouts?” Gabriella asked.

  “No, I don’t,” Marc said. “In fact, I’ve been out of the country for the past couple of weeks so, I probably know less than all of you.”

  The noise began again but Gabriella beat them to it by asking, “Do you anticipate more serious charges to be brought against Brittany?”

  “Same answer,” Marc said.

  “We’ve heard rumors that…” Gabriella began.

  “No, you’ve been given leaks out of the sheriff’s office or the county attorney’s office. That’s where you’re getting these rumors from,” Marc interrupted her, smiling at her. He continued to look at her to see if she would deny it. When she didn’t, he looked over the unruly mob.

  “Brittany is charged with child neglect. I have been retained to represent her on that charge. That’s all there is for now.

  “However, it would be nice if the members of the media, that would be all of you, would conduct yourselves as professionals. These people are searching for a missing child. Ms. Riley, Becky’s mother, maintains her daughter was taken by a man she was dating. I understand you all have a copy of the drawing of this man. We would appreciate all of the help you can give to find this beautiful little girl. At the very least, respect their privacy and stay off of their property. Really,” he continued, “that’s all there is for now. Thank you.”

  With that, Marc and Maddy walked back to his car, got in and slowly drove off.

  TWENTY

  Gabriella and her cameraman, Kyle Bronson, walked up the street away from the Rileys’ house toward the station’s van. Marc drove past them and as he did so, Gabriella looked at him and smiled as he gave her a friendly wave. A thought occurred to her and she pulled out her phone, dialed information for the number and had the phone company dial it for her. On the second ring it was answered by a woman who identified herself as Louise Shaffer whom Gabriella knew was Sheriff Cale’s assistant.

  Gabriella identified herself and told Louise about Marc’s assertion that the sheriff’s office was leaking to the media. Even though Gabriella knew perfectly well they were since she was one of the people they were leaking information to, she wanted to get Cale’s reaction. By doing that, she believed she might get an interesting squabble going between the cops, the prosecution and the defense. Of course, she didn’t tell Louise any of this.

  Within a minute of Louise asking her to hold, Cale himself came on the phone. Still standing in the street by the Rileys’ house next to the van, Gabriella told him what Marc had said, rattled Cale’s cage a bit but managed to get invited by him to an exclusive interview. A few seconds later, Gabriella and Kyle were hurrying out of the suburban, residential area and headed toward the sheriff’s office in Hastings. On the way, Gabriella called the station and told them they would have Cale’s rebuttal of Marc’s allegations concerning leaks, which had already been transmitted back to them.

  Gabriella and Kyle, who was holding his video camera, barely had time to sit down in the office’s reception area when Shaffer came out to meet them.

  Shaffer led them back to Cale’s office and, on the way, Gabriella saw Stu Doyle who watched her walk by. Shaffer opened the office door, smiled and politely stepped aside as they entered. Seated in a chair to Gabriella’s right with her back to the wall facing Cale’s desk, was Patty Dunphy. She rose from her chair as the two news people entered.

  “Hi, Patty,” Gabriella said as she shook hands with Dunphy. She turned to Cale who had been sitting behind his power desk. They shook hands, took their seats and Gabriella said, “Thanks for agreeing to this, Sheriff Cale. I wasn’t expecting an interview, I thought I’d just get a quote from you over the phone in reaction to the defense lawyer’s claim.”

  “I’m going to try to be calm,” Cale said, “but I’m pretty angry over what he said.”

  Gabriella turned around in her chair and said to Kyle, “How’s the lighting? Are we good?”

  “Yeah,” he answered checking his meter.

  “Tell you what, can you back up and get a shot of the sheriff with the flags behind him? I think that would make him look really authoritative,” Gabriella said stroking Cale’s ego knowing Cale would love that thought.

  Kyle backed up and adjusted his lens a bit to get the shot. Kyle told Gabriella he was all set then there was a knock on the door and the county attorney, LeAnne Miller, came in and took a chair next to Dunphy.

  “I hope you don’t mind,” Cale said, “I asked Ms. Miller to sit in. Have you met?”

  Cale introduced Miller to Gabriella who leaned forward to exchange a quick handshake and greeting. Gabriella asked her if she wanted to make a statement as well and Miller informed her she probably would which delighted Gabriella with the thought of beating everyone else to this interview.
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  Kyle and Gabriella did a quick sound check and Kyle got the camera rolling. Gabriella took a couple of minutes to explain to Cale and Miller what Marc Kadella had said at the Rileys’. For the camera, she asked Cale for his reaction then sat back and let him talk.

  “This office does not conduct its investigations by leaking information to the media. We stick strictly with the facts, then present them to the county attorney’s office for their decision on whether or not charges are warranted.

  “The decision to charge Brittany Riley with child neglect was done in strict compliance of the proper policies and procedures established to adhere to the law,” he said jabbing an angry finger onto his desk blotter for emphasis. “I am both personally and professionally extremely offended that some lawyer would make such outlandish and insulting allegations. This office has and will continue to conduct itself in a professional manner, at least as long as I am sheriff.”

  While listening to Cale’s attempt at righteous indignation, Gabriella almost had to bite her tongue to stop from asking him whose idea it was to arrest Brittany at midnight, to practically kick in her door while she slept, trash her apartment then haul her out before the media in handcuffs, in her pajamas in the middle of the night. Plus, who had informed the media an arrest was going to be made to make sure they were in attendance? She had gotten to know Marc Kadella well enough to know that sooner or later, and probably sooner, Marc would be in front of a camera asking that question for her.

  “Thank you, Sheriff Cale,” Gabriella said. She then turned to Kyle and asked, “Did you get that all right?”

  “Yeah,” he replied. “Really good.”

  Gabriella turned to Miller and asked if she would like to comment for the record. Miller answered affirmatively and they took a moment to re-position her chair for a better angle while Miller, with Patty Dunphy’s help, checked her hair and make-up.

  When they were set and the camera started rolling again, Gabriella introduced Miller then asked her the same question she had asked Cale.