Gideon - 04 - Illegal Motion

by Grif Stockley

  “Would the Perrys go for that?” I ask, my mind racing. Dade is already on his way back to St. Francis County. I’ll have to call his parents.

  Binkie lifts his cup to his mouth and swallows.

  “Regardless of what they’ve said, they don’t want a trial even though now I’ll be able to keep out any mention of Robin’s relationship with Dr. Hofstra. I got them to agree before the hearing this morning that I’d make this offer to you regardless of how it turned out.”

  I feel an enormous sense of relief. Dade could easily get twenty years or even more. His football career is probably over, but so what?

  “I’ll talk to his family as soon as I can. Dade’s already on the road back to Hughes, but I should be able to get back to you late this afternoon or the first thing in the morning.”

  For, a response, Binkie writes a number on the back of his card.

  “This is my home phone number,” he says, handing it to me.

  “You can reach me there or here.”

  Why is the guy doing this? As far as I am concerned, he’s in the driver’s seat. Yet, maybe he believes that Dade will be giving up enough. I stand up, eager to get out of here and get on the phone. I offer him my hand.

  “The judge won’t have any trouble with six years?”

  Binkie stands and despite the condition of his hands crushes my fingers with a grip I couldn’t come close to if I worked out for the next decade.

  “I don’t think so. It’s not as if he hurt her, too.”

  “I should be able to sell his parents,” I say, reasonably optimistic. Once they hear about this morning’s results, they’ll have to be realistic about the chances of going to trial.

  “I hope so,” he says, his face suddenly gloomy.

  “May be we ought to be caning criminals like they do in Singa pore. Locking kids up and throwing away the key isn’t the answer. Something the hell’s wrong with this country.

  It didn’t use to be like this.”

  The least I can do is agree.

  “I guess not,” I say.

  “We’ve been going downhill for years. When you’re right in the middle of it, you don’t notice it though.”

  Binkie shrugs and picks up his cup again. He didn’t ask for my philosophy of life.

  “Get him to take this deal,” he says.

  “Though I haven’t tried a rape case involving a black before,” he adds, his voice dry, “I doubt if a jury in these parts will be defense oriented in a case like this.”

  I doubt it, too.

  “How many blacks am I likely to have?”

  Binkie reaches into his desk and pulls out some papers.

  “This is the jury list. It’ll save you a trip to the Clerk’s office if you haven’t already been,” he says handing me papers with some jury data information on them.

  “You might have a couple.”

  That’s two more than I thought.

  “Thanks, I appreciate it.”

  I leave Binkie’s office, wondering if he is just fundamentally decent or whether, for some reason I don’t know about, he is scared to try this case, too.

  i reach roy Cunningham at his grocery from Barton’s office. In a weary voice, Roy explains that he has no help.

  Lucy has taken their youngest child, Lashondra, to a doctor in Memphis because of an ear infection. Though I know this is an inappropriate time to talk, I insist on telling him what happened at the hearing this morning.

  Already the court’s decision to prevent me from introducing evidence of Robin Perry’s affair with her professor seems far in the past, but it is a necessary part of the story if I am to prepare Roy and Lucy to accept a six-year prison sentence for their son. He listens without comment as if I were explaining a minor technicality instead of what I fear is the turning point in the case.

  “But just a few minutes ago,” I say over a customer’s voice in the background, “the prosecutor offered us a deal. He’ll let Dade plead guilty to a charge of carnal abuse and a six-year prison term. On this kind of charge that could mean with maximum credit for good behavior he could be out in just a year. My opinion is that it’s something we need to think about. By the way, Dade’s on the road headed for home. He doesn’t know about the prosecutor’s offer yet.”

  “He’s not guilty!” Roy Cunningham yells into the phone. I wish Lucy were there. She is the realist in the family and will understand what we’re up against.

  Before I can respond, Roy orders, “Just a second!”

  I hear the cash register ring, and my brain slips into idle while Roy again talks to a customer. I should have waited for Lucy to return from Memphis, but I want Roy especially to have as much time as possible to get used to the idea of a plea bargain before he sees his son. If I have learned anything about Dade, it is that like most kids his age, he has had too many things going his way the last few years to believe the worst can and will happen.

  “Go on!” Roy says finally.

  “It doesn’t matter,” I say brutally, “whether he’s guilty or not. What matters is what the jury will do. After all is said and done, what this case comes down to is whether the jury, which will be mostly white, will believe Robin or Dade. And now we’re in the position of having to go into the trial without a plausible explanation of why she would make this story up.”

  “She could have had a dozen reasons!” Roy sputters.

  “And they’ll all be speculation,” I say.

  “We don’t have any hard evidence.”

  There is silence on the other end for a moment.

  “He’ll probably never play pro ball,” Roy says.

  “Even if he got a tryout, he’d be at a terrible disadvantage.”

  “That’s true,” I say, wishing I could sugarcoat themes sage but knowing I can’t.

  “But if they want to make an example of him, they can give him life.”

  I hear the jangle of multiple voices in the background, and Roy says, his voice now heavy with resentment, “I’ll talk to Lucy and we’ll call you back.”

  “Call me at home or my office,” I instruct him.

  “I’d like to drive over and talk to you.”

  “We’ll call you later today,” Roy says curtly, dismissing me.

  I hang up, wondering if I’m botching this. I should have driven over there and talked to Lucy and not even bothered with Roy. The men in the family have too much pride to act in their own best interest.

  Fearful of being caught in a snowstorm in the mountains, I don’t stick around to visit with Barton, who has a client in with him, and drive east with a heavy foot, re playing over and over the events of this morning. I should have known I wouldn’t be able to trust Lauren Denney. I knew that from the moment she walked into Danny’s mat afternoon. Turning south off Highway 16 onto the Pig Trail, I see a band of snow-swollen clouds that appears almost to touch the roof of the Blazer. All I need is a slick road on these turns. Lauren. Sex oozed from her that day.

  Maybe I have it wrong. Maybe sex was oozing from me and she never was as confident as she seemed. This morning she was a nervous, apologetic schoolgirl. Still, what choice did I have but to try to use her? What bothers me is that if I truly thought about it, I would have admit ted to myself that she was probably lying even before I talked to Jenny Taylor. Down deep, do I know that Dade is lying, too?

  The snow holds off, and I breathe a sigh of relief when I see the sign for Interstate 40. The sky is lighter in the east. One year is not a lifetime, though it will seem that way to Dade and to Roy, who can close his eyes and see Dade being named all-pro wide receiver. I can, too, damn it. Part of me wants me to say to them that we should stiff Binkie’s offer and go for it. As I slow down behind a Buick Skylark, I hit a patch of ice and almost shimmy off the pavement down a steep embankment, but the Blazer straightens out at the last moment. I slow down to thirty.

  Fear. It does wonders for your judgment.

  At home there is no one to greet me. I have just missed Sarah, who begins work at
five during the holidays at her old video store, and, of course, Woogie now makes his home in Hutto. I check the thermostat, which Sarah has turned up to seventy-five, and rotate the switch to sixty eight If Sarah had her way, we could have a greenhouse in here. When she starts paying for her own utilities, she won’t think I keep the house so cold. I walk into the kitchen before I realize I don’t need to check Woogie’s bowl to make sure he has water. I miss the old kitten eater. Marty called New Year’s Day to say that he was doing great. He goes anywhere he wants. Dogs, she reminds me, practically run the town.

  As I am checking the mail (a Christmas card from my old friend Skip, still in Atlanta and gay, fat, and happy, he says. He didn’t use to be fat), the phone rings. It is Lucy, who asks if I would mind driving over tomorrow mo ming to help them decide if Dade should take the prosecutor’s offer. Her voice holds no clue as to how she feels.

  Dade, who is about an hour ahead of me, has called a few minutes ago from a service station on Interstate 40 near Brinkley and should be home in an hour or so. I have nothing on my schedule tomorrow morning, but have to be back for Gordon Dyson’s unlawful detainer hearing in the afternoon. Lucy gives me directions to the store, which she tells me is easier to find than their house, and I ask about Lashondra’s ears.

  “They’ll be all right,” she says, her voice flat and lifeless.

  “At least it won’t take a year to fix them.”

  “Why don’t we talk about it tomorrow?” I suggest. She sounds wrung out. I don’t want her to lock into a position I can’t change.

  “That’s why you’re coming,” she says without sarcasm.

  I can hear a child crying in the background. Bad ears are no fun. We had to put tubes in Sarah’s.

  “Did you tell Dade?”

  “No,” she says.

  “We’ll wait until you get here.”

  “That’s fine,” I respond. I do not push her. I tell her I’ll be at the store at eight tomorrow morning and hang up. I am hungry (I missed lunch again), but all I find in the pantry are five cans of Campbell’s soup. I pick up the phone to call Amy and see if she wants to go out to eat but realize she is visiting her mother in Pine Bluff for a couple of days. Well, soup it is. This case is good for losing some weight, at least. I call Sarah and tell her I won’t be waiting up for her. Tomorrow will be another long day.

  Cunningham’s Grocery is on the right-hand side of Highway 79 on the road to Memphis outside the small town of Hughes. A small, green wooden structure (perhaps only twelve hundred square feet), it is badly in need of a paint job. With the economy in the Delta so bad and the store this tiny, I wonder how Lucy and Roy survive. I push the door open and set a bell to tinkling and become immediately claustrophobic. The shelves in the store look jam-packed with everything from razor blades to cigarette papers. It reminds me of the Chinese stores in Bear Creek when I was a boy. If you had to, you probably could live out of here for the next fifty years, but at first glance it is visually oppressive because of the cramped space, dinginess, and sheer mass of goods.

  On my way to the back of the store, I nearly trip over Lashondra, whom I’ve never met. It has to be Lashondra because she is cradling her tiny ears with both hands.

  Standing in the middle of the center aisle, she raises her head and says distinctly, “Hurt.”

  Since she barely comes past my knees, I squat down on my heels to make conversation easier. Her dark chocolate skin would make her a mirror of her father but for her straight nose and thin lips. Without a doubt, except for her complexion she looks like Dade. Her huge black eyes and grave manner suggest that she will break some hearts before she is done.

  “I’m sorry,” I say sympathetically. I point to my ears.

  “Do they make you cry?

  Mine hurt too, sometimes.”

  Perhaps reminded that she isn’t supposed to be worrying them, Lashondra slides her hands down the sides of a white, long-sleeved cotton sweater decorated with pictures of five-flavored Life Savers and into the pockets of her bright red slacks. Her tea-party expression, so brave until now, collapses following my unexpected empathy.

  Her eyes filling, miserably, she nods, “Mama said not to pick at ‘em.”

  “It’s hard, isn’t it?” I commiserate. I wonder if she understands anything about what is happening to her brother. How many other brothers and sisters does she have? Two, I think. I have shielded myself from knowing anything about Lucy and her family as if ignorance would lessen my bond to them. This child is making it hard to do. I hear Roy’s voice in the back and say to Lashondra, “I hope you feel better.”

  Lashondra stands on her toes and plucks a can of black-eyed peas from the shelf to her right and examines it like a smoker trying to find anything to take her mind off her habit.

  “Mama says I will if I don’t pick at them.”

  If only life were that easy, I think, and stand up, my knees snapping with the effort. I stand and see Roy in the back next to a refrigerated bin containing milk products.

  I walk to the front on cold concrete and find a Borden’s milk salesman on his knees beside Roy, stocking his product. Roy pushes up the sleeves of a blue cotton pullover sweater and tells me to go on around the counter and through the door in the back where I will find Dade and Lucy.

  “I can’t close the store because this is when a lot of the salesmen come in,” he explains, counting milk cartons.

  “I’ll come back and stand at the door when I get through here” He glances past me, apparently looking for his daughter.

  “Lashondra’s a doll,” I say, wondering if it is too late to reach this guy. Even if he lived next door to me for ten years, Roy wouldn’t be my best friend, but we can do better than this.

  “I’ll be there in a minute,” he says, his eyes on the salesman, who is switching out milk cartons so fast I feel I’m watching one of those guys who cheats you at card games on the streets of New York.

  In the back is a combination small office and store room. Dade and his mother are seated at a rickety card table, pouring themselves cups of coffee from a brown thermos, and not for the first time I am struck by the re semblance between mother and son: even their facial expressions are the same. Both look up and scowl at me at the same time, making the same crease in their broad foreheads. She has just told him, I realize. As the messenger of bad news, I should have expected their disapproval. Again, I realize I know too little about them. The chasm that separates us can’t be overcome by telling them my ears sometimes hurt, too.

  “Would you like some coffee?” Lucy asks politely, her words at variance with her expression.

  “I told Dade,” she says, unnecessarily. Like her son and husband she is wearing jeans; a red bandanna covers her hair, reminding me of some angry black militant from the sixties and seventies.

  “I’ll take a little,” I say, needing to take a leak, but too embarrassed to ask. If there is a bathroom, it is hidden from me among the scores of boxes stacked all around us. I study Lucy’s face, looking for cues, knowing intuitively that she is the key to Dade’s decision.

  She takes out a mug from a cloth bag by her chair and pours.

  “Go ahead, Dade,” she says, her voice low and in tense.

  “Tell him how you feel.”

  Dade, who has barely looked at me, studies his cup.

  “I

  can’t go to jail for a whole year!” he says fiercely.

  “That’s twelve months of my life!”

  Though they haven’t invited me to, I ease into the third folding chair and warm my lips with the coffee. It is chilly back here despite the presence of a glowing space heater four feet away from my feet. I’m afraid if I argue with him, all he’ll do is dig his heels in.

  “Okay, then, what evidence do we put on in court?” I ask.

  “She waited until the next morning to go to the hospital,” Dade replies.

  I glance up to see Roy filling the entrance that divides the back room from the grocery. His expression is so me
lancholy that for a moment I think he has been crying.

  I notice the gray in his hair and the beginning of a gut.

  Dade is his dream, his escape from the store.

  “She’ll say she couldn’t make up her mind,” I point out, “whether to report it.”

  “She admits she wasn’t hurt,” Dade responds, glowering at me.

  If he looks this angry in court, we won’t have a chance.

  “She’ll testify you threatened her and it would have been dangerous for her to resist.”

  Hands on his hips, Roy mutters, “Whose side are you on?”

  To keep from launching into a sermon, I place my palms flat down on the table, and my fingers almost stick to the surface. This table must serve as the family dining table for Roy and Lucy more often than not.

  “My job right now is to give you the best advice I can. If I thought Dade could beat this charge, I’d be the first to say so.”

  “You’re selling my boy out!” Roy cries, his face anguished

  I feel certain he would like to fire me, but at this late date the judge wouldn’t permit Dade to get another lawyer. The bell on the front door jingles loudly, and Roy stalks off to the front, followed by Dade, who is furious with me. Somehow, I have to make Lucy trust my judgment. I wait until Dade clears the doorway and then I whisper, “The reason I took this case was that I hoped I could get it dismissed and you’d hire me as Dade’s agent when he turned professional. I know that wasn’t the most noble reason on earth for undertaking to defend him on his rape charge, but you need to understand that it was in my interest to try this case. The truth is, the closer the trial gets, the less likely it is that Dade will escape serving some significant time. I can’t in good conscience tell him to go to trial. The only way to avoid that risk is to accept the prosecutor’s offer and concentrate on getting this behind him as soon as possible.”

  Lucy shakes her head in apparent disbelief.

  “So that was your motivation?” she asks, her eyes suddenly bright with tears.

  “You were out to exploit him from the beginning