by Greg Kincaid
Ted tugged on Angel’s I-M-A-G-I-N-E necklace. “What better teacher than you … the ultimate spiritual consultant? When you get home, you should check into this. Remember …”
“Yes?” Angel asked.
“Bertha knows best!”
There were quiet whispers under the moonlit South Dakota sky. A mile west, six hundred head of buffalo bedded down on the prairie. Angel and Ted sensed that their experience together was as rare and valuable and natural as buffalo bedding down for the night.
Angel held Ted like she never wanted to let him go. Ted held Angel just as tightly. He was certain that nothing on the face of the earth could possibly compare to this day and now this night. His life now seemed like a long march with a sweet ending. Both dogs rested close to the fire, equally content and in their element. As far as they were concerned, each day was the best day.
Angel fell asleep quickly. As usual, Ted struggled. Instead of the pesky bolt on the floor of Bertha, he was now dealing with several poorly positioned rocks. Just after midnight, when he should have been falling asleep, he was watching the embers from the dying fire rise into the sky. Ted sat up and nudged Angel until she opened her eyes. “We need to talk. Now.”
29
“What’s wrong?” Angel asked.
“I figured it out.”
“You’ve figured out enough for one day. Go back to sleep.”
“No, you have to listen. It’s important.” When he was confident he had her waking attention, he continued. “Bertha has given another message! When you put me in that finger-rubbing trance at the campground back at Perfect Prairie, I had a dream while I was resting in Bertha. It had you and me dancing around the campfire with the dogs. It had these woods. Everything was just like what happened tonight. Nothing like this has ever happened to me. Dreams cannot predict the future.”
“Lots of people have these experiences. My mother came to me the night before she died and said good-bye to me in a dream. She hadn’t even been sick. Go back to sleep. Have more good dreams.”
Ted became very frustrated. “No, you don’t understand. It’s not that. I’m not frightened. I’m thrilled.”
“Okay, Ted, take it easy.”
“Don’t you see?” Ted waited for Angel to connect the dots, to see what was now so obvious to him. When she still didn’t answer, he did it for her. “We need to go to Pierre first thing in the morning. I’m quite sure of it now.”
“What, Ted? You’re sure of what?”
“Aunt Lilly. She’s innocent. I think I know what happened.”
Angel’s sounded surprised. “Of course she’s innocent. That’s why I asked you to help her.”
30
Early the next morning, Ted insisted that they hike back to Bertha and get on the road to the South Dakota Women’s Prison. It occurred to him that he was not going to look very lawyerly in his hiking clothes, and his grandfather had always told him that, when it came to clients, first impressions are important. Once in Pierre, he and Angel located the town’s only shopping center, the Pierre Mall. There was not a huge selection of men’s clothing, but Ted was pretty sure he could put together something decent. None of the suits in JCPenney seemed to appeal to Angel, though, and Ted was beginning to get frustrated. “It’s just an hour interview. As long as I look professional, it doesn’t matter that much if Aunt Lilly doesn’t approve of my outfit.”
Each time Ted would pull something off the rack, Angel would say, “I don’t know.… We’ve got to get her to trust you.”
Finally, Ted said, “Angel, just pick something out for me. I want to get there before dark.”
Angel decided to disclose some more details of her early-morning phone call to the lawyer, John Shinn, and her conversation with her father to make the arrangements for visiting Aunt Lilly. “Ted, I think my father is going to be at the prison too. He wants to meet you. He’s afraid if you’re not careful, you’ll get Aunt Lilly the electric chair.”
“Well, that changes everything.”
Angel nodded slowly. “I want you to make such a good impression. Ted, you should know that he doesn’t particularly like white men.”
“Oh, that’s just fantastic. Is there anything else you want to tell me?”
Again Angel nodded. She slowly looked down. “He hates lawyers.”
“Is that all?”
“I’m worried that he won’t see what a good man you are.”
Ted paced about practicing the Lakota silent treatment and then came back to Angel in a near panic. “What should we do?”
“I don’t know.”
She took Ted’s hand and said, “Come with me. I have an idea. I told my dad you work for farmers and ranchers in Kansas. He thinks you’re a cowboy.”
“No wonder he hates me. I hope you set him straight.”
“No, that was the one thing he seemed to like about you.”
“I thought Indians hated cowboys.”
“No, they sympathize. The cowboys got kicked off the range, just like the Indians.”
They walked out of JCPenney, and Angel found a bench and made Ted sit on it. “Wait here. I’ll be back in ten minutes.”
Angel scurried around the corner to the Rancher’s Outlet. Fifteen minutes later, she came out and found Ted still waiting on the bench. “Come on. I’ve got it all picked out. You just have to help with the sizes.”
Ted and Angel parked Bertha, walked the dogs briefly, and entered the main door of the prison. Once inside, they sat in the waiting room for ten minutes until Larsen arrived.
Larsen came in the front door and looked around until he saw his daughter and the lawyer from Kansas. He had not been expecting a tall, lanky lawyer-dressed-like-a-cowboy. He wondered where Angel had found this man. At least this one had a job.
Larsen did his best to not show his suspicions. On more than one occasion since Angel had told him about this man he had wondered what a cattle lawyer knew about criminal defense. Still, Angel had said he was smart and wanted to help. The Legal Aid lawyer, John Shinn, had said the same thing. “Larsen,” Shinn had told him, “if the man wants to help, let him.” He’d said that Ted had written an entire memorandum on self-defense and something called the castle doctrine and e-mailed it to him, and that it was well written.
The way Shinn had explained it to Larsen, Ted had a pretty decent argument and some case law to back it up, but there were lots of gaps that needed filling in. Shinn doubted Ted could find those pieces. Still, if he wanted to work on the case, Shinn had no objection.
“Could you send me the memo he did?” Larsen had asked. “I’d like to read it.”
“Sure,” Shinn had said. “Knock yourself out.”
Angel ran over and hugged Larsen. It was one of those lingering hugs that demonstrated sincere affection more than just a polite greeting. Ted could feel the connection between them. He heard Angel say, “Age, I’m so happy to see you. Come meet Ted.”
Larsen held out his hand. “Larsen Two Sparrow. Lilly is my aunt.” He got right to business. “Do you think you can help her?”
Ted thought about all the legal theories that he might throw at Larsen in an attempt to impress him but decided that none of that mattered much. Larsen looked like a worn-out man, with long graying-to-white braids dangling over the edge of grease-soaked overalls. He doubted Larsen cared much for legal theories. “Even if she is not entirely innocent, we may be able to avoid a conviction. There are several things from the police reports that bother me. That’s why I wanted to meet her, talk to her myself.”
“Aunt Lilly does not always speak in a way that makes a great deal of sense. I hope you have better luck than the others did, that she trusts you.”
“We’ll try.”
“Let us talk to her first.” Larsen handed Ted a bag he had carried in with him. “While Angel and I talk to her, put this on. If she asks, you may tell her that I loaned it to you. It will restore your energy.”
Larsen walked out of the waiting room and into the visiti
ng area. Ted found a chair and opened up the sack. Inside was a very strange piece of clothing. It appeared to be an orange hunting vest with some bizarre ornamentation attached to it. Ted looked at the vest in confusion, shrugged, and put it on. If Angel’s father wanted him to look like a fool, he guessed he would look like a fool.
A uniformed guard entered the room. “Attorney Ted Day.”
Ted walked as confidently as he could in his new shiny black boots and bright orange hunting vest. After being screened by the metal detector, he passed through two locked doors that buzzed and opened. The guard sat him down in what looked like a concrete-block cafeteria in a middle school. The seal of the State of South Dakota was painted on one wall. The linoleum floors were polished to a bright sheen. Angel, Lilly, and Larsen waited quietly at a table.
Angel wanted to jump up and hold Ted’s hand, but she was afraid he might not approve. Larsen wanted to hold Angel’s hand but was afraid Ted would not approve. Ted wished Argo were there, but he was pretty sure the warden would not approve. The door on the other side of the room buzzed and the guard stood silently by the now-locked door.
Aunt Lilly ignored Larsen and Angel and spoke straight to Ted in what could only be described as the gentlest voice he had ever heard. “Tell me, Ted, has Mother Earth been generous with her energy? Are you fully charged today?”
Ted looked to Larsen for guidance. He could see Larsen slowly nod his head up and down. “Yes, Aunt Lilly, I am fully charged today.”
“Good. Then we can get to work on my defense.”
“Yes, I am ready.” Ted looked over his legal pad, where he had carefully crafted and organized questions while they drove from the state park.
Before he could start, Aunt Lilly said, “Let me ask you, Ted Day. Is it murder to shoot someone that wants to steal your money and your house and kill your dog?”
Larsen did not wait for Ted to answer. “Please, Aunt Lilly, let Ted ask the questions. Ted has written a memo. It’s like this. You can use deadly force to protect yourself or your property, but only if it is reasonable. The police asked you if you feared for your life and you told them …”
Lilly interrupted her nephew. “Not after I shot the bastard. Why would I be scared of a dead man?”
Larsen continued, “You have to show that the reasonable fear existed at the time you shot him. So why did you shoot him?”
“I told you. There was no meaner man on the face of the earth than your uncle Harry when he was drinking. The bear in my dream told me he was coming for me. That was good enough.”
Ted was impressed by the way Larsen handled Aunt Lilly, but she was not answering what he believed to be the crucial question. Angel apparently agreed. “Age, let Ted ask the questions.”
Ted was attuned to Aunt Lilly’s fear and anxiety. He could tell that she was very scared. He had never done it before, and it almost seemed unprofessional for a lawyer, but he reached out and took the old woman’s hand in his own. “May I call you Aunt Lilly?”
She only smiled, so Ted continued. “I have a few questions. In your dream, exactly what did the bear tell you?”
“I already told the police and the other lawyer, Shinn. They say dreams don’t matter in court.”
“I believe that truth can come in dreams. So let’s find the truth in the dream. Would you tell us again?”
“It’s a short dream. Not much to tell. I was sleeping in a cave. My spirit bear comes to me in many dreams. This night he came and said that I was in great danger. That Harry wanted my money, my dog, and my home. The bear said that either Harry would shoot me or I would shoot Harry. It was my choice.”
Ted thought a moment. “That’s just like you told it before and how the police wrote it down in their report. It’s good that you remembered the dream so well.” Ted paused. “How do you think the bear knew this was going to happen?”
“You believe that the bear talks to me in my dreams?” Aunt Lilly asked.
“Yes, I think the mind finds many ways to talk to us; sometimes it uses words; sometimes it uses dreams. What’s so crazy about that?”
“You’re a smart lawyer, Ted Day.”
“Let me ask you, what does the bear know? How could he know this bad thing was going to happen?”
“The bear knows everything I know. We are like one.”
“If I asked the bear how he knew Uncle Harry was going to threaten you, what do you think the bear would tell me?”
“I’m not sure. Tonight when I sleep, I will ask him how he knew.” She thought a bit longer and then continued. “The bear knows that Harry threatened me many times before. The bear knows that Harry said he would come out with his gun and shoot me. The bear knows that Harry sneaks around my house and breaks in when I’m gone doing my laundry at the creek. The bear knows that Harry likes to shoot his gun when he is drunk. The bear knows all of these things.”
“Does the bear know if they are all true?” Ted asked.
“Of course. Bears never lie.”
“Was Harry drunk the day you shot him?”
“Harry was always drunk.”
“Did Harry have a gun like the bear said he would?” Lilly didn’t answer right away, so he asked again. “Was he carrying a gun?”
“Harry always carried his gun. That’s why I always had to wear mine.”
“The police report didn’t mention a gun being found anywhere on or near Harry’s body. Aunt Lilly, are you sure he had one that day?”
“Of course I’m sure. It’s dangerous having a loaded gun lying around like that. I picked it up.”
“Where is it?”
“I put it in a safe place in Bertha.”
“I need that gun.”
“It’s easy enough to get. Just take a half-inch wrench and undo the bolt on the floor. It’s under the floor.”
It did not give Ted any great comfort knowing that he had spent the last two weeks sleeping on top of a loaded gun and a crucial piece of evidence in a murder trial. He motioned to the guard that he was ready to leave.
“Aunt Lilly, thank you for your time. Mr. Shinn and I must go straight to the police station with the gun. This is very important evidence that needs to be added to the file.” He started to walk toward the door, stopped, and turned around. “Angel, stay with your dad. I’ll call you when I’m finished.” He then looked to Aunt Lilly. “Thank you for allowing me to wear your vest. It has good energy.”
Three days later the additional evidence had been logged into the official police report and Uncle Harry’s fingerprints on the weapon were confirmed. Ted and John Shinn filed their motion and supporting brief seeking the dismissal of all charges against Aunt Lilly. They asked to be heard immediately on the motion. Over the prosecution’s objection, the judge allowed that it was an urgent matter and deserved to be taken up promptly at 9:00 a.m. the following Monday.
31
Ted summarized his arguments while Lilly sat at the defense table. Larsen and Angel waited at the back of the courtroom. Ted and John Shinn had worked the rest of the week and through the entire weekend on their arguments. Shinn was impressed by Ted’s legal analysis. He didn’t have a brief writer like Ted on staff. He could have used one. Most lawyers were eager to try cases and were lazy with the research and the writing. Shinn listened patiently while Ted methodically walked the judge through the arguments. When there were only two minutes left for summation, Ted shifted gears.
“Your Honor, the castle doctrine allows a resident of this state to use deadly force to defend herself or her property from an intruder. I understand that the court may be reluctant to define the legal perimeter of Ms. Two Sparrow’s residence as reaching beyond the walls of her bookmobile, but several courts have extended the doctrine to the surrounding yard.” Ted handed copies of cases he had located from other jurisdictions to both the judge and the prosecutor, then continued. “Extending the doctrine past the walls of her home seems particularly reasonable in this case. The bounds of her fear had likewise been extended. We’re not
dealing with just with any intruder but with an intruder who had a history of abusing the defendant, who was intoxicated and was carrying a loaded weapon.”
After Ted completed his arguments, he sat down next to Lilly and John Shinn. Aunt Lilly reached over and shook his hand. “Your energy is good today, Ted Day.”
The prosecutor rose and made her arguments. About an hour later the judge returned to the courtroom and issued his ruling: The newly discovered evidence was compelling. Aunt Lilly had been acting in self-defense. He slammed down the gavel. He had always thought Aunt Lilly was innocent. For himself, he always thought dreams mattered. “Motion granted. The defendant is released and all charges are dismissed.”
EPILOGUE
One Year Later
The gorge was about 450 feet deep, and a raging river carried the melting snow from K2, the second-highest mountain in the Himalayas, beneath them. The Pakistani village generally known as Two Forks could be accessed only via a wooden box that ran on pulleys on a cable suspended across the gorge. As they approached the cage, they slowed down and debated the next step.
“You go first,” Angel said. “This doesn’t look safe.”
“You want to go on vacation with Ted Day, this is what you get. You can’t just stay on the reservation, driving around in your new bookmobile, reading to those little reservation rug rats and hoping that adventure will find you. Life doesn’t work that way. Now come on, you can do it.”
She pointed to the crate and said, “My children need me. Your life insurance is paid up. Get on board, buddy.”
Ted looked down. The pass did look considerably more frightening than he had expected. He might have overdone this one a bit. “We could draw straws.”
Angel shook her head and said, “We don’t have a straw. How about we flip a coin?”
Ted thought a moment and offered, “Rock, paper, scissors?”
