Authors: Robert Whitlow
"Have you talked to any of the people who claim he tied up his boat at their dock?"
"One of my assistants and a deputy verified the information contained in every count listed in the accusation. The complainants are from the same homeowners association."
"Can you give me the name of the association?"
The detective opened the file and read a name.
"Was there any physical damage to the docks?" I asked.
"Is there any mention of criminal damage to property in the charges?"
"No."
"Then it's not part of the case at this time."
"Good. Do you think the complainants would oppose probation for Mr. Jones if he promised to stay away from their docks?"
"That wasn't discussed. Their primary goal is to put a stop to your client's trespassing. This area is only partially developed, and there is still a lot of marshy wilderness. It's disturbing when a stranger comes around a private residence. Break-ins have occurred."
"But nothing linked to Mr. Jones?"
"Not at this time."
I looked at a certificate on the wall of the detective's office. It had something to do with proficiency in the use of a weapon I'd never heard of.
"Is there anything else?" the detective asked.
"Yes, I think Mr. Jones may need treatment from a mental health professional."
"That's already started. He's meeting with a counselor who, I believe, placed him on medication."
"Thanks."
I got up to leave but then sat back down. "I appreciate your patience, but there is one other thing I don't understand. Did Mr. Jones talk to you about seeing faces in the water?"
"That's the reason for the referral to mental health."
"He said he talked to you about the faces in the water for a long time."
The detective didn't respond.
"Is that right?" I asked.
The detective closed his file. "Any conversation with Mr. Jones is difficult. Your client has a tendency to talk about what he wants to."
"Thanks for taking time to meet with me. I'm just learning what to do and really appreciate it."
"I'll walk you out. Give my regards to Mr. Carpenter."
When we reached the entrance area, I remembered the woman with the two children.
"Oh, a woman in handcuffs was brought in a few minutes ago," I said to the detective. "She had two little girls with her. Can you tell me what she did wrong?"
"Running a meth lab in her kitchen. One of the other detectives is talking to her now."
"What will happen to the children?"
"Probably stay with a family member if someone is suitable. Otherwise, they'll be placed in foster care."
"It's a sad situation."
"Would you like to represent her too?"
"No," I said quickly. "I don't think I'm going to be a criminal defense lawyer."
DURING THE RETURN TRIP to the office, my mind went back and forth between Moses Jones and the woman with the little girls. My first encounters with people in jail had left me thinking more about their tragic circumstances than the punishment they deserved.
Back at the office I returned the keys to the receptionist.
"Did you fill it up with gas?" she asked.
"I didn't think about it. Should I-"
"I'm kidding," she interrupted. "Did you have trouble finding the jail?"
"No ma'am."
I went to the library. It was empty, and everything looked the same as when I'd left for the jail. I worked alone on the Folsom case for over an hour before taking a break. It was quiet in the library, which helped me concentrate, but I had to admit that I missed Julie. The door opened, and I looked up, expecting to see her. Instead, it was Zach Mays. He'd changed clothes and shaved.
"Gerry told me you were working in here," he said. "Can I interrupt?"
"Sure."
He sat across the table from me. "I feel better after sleeping for a few hours. Do you ever stay up all night studying?"
"Never, I always plan ahead. Not that I'm saying you don't organize your time," I added quickly. "In law school there aren't negotiations with businessmen in Norway. All our classes are on eastern standard time."
Zach's long hair still looked slightly damp.
"I shouldn't have told you that I was too busy to help you," he said. "I was tired."
"That's okay. I understand."
"And I want to apologize."
My attitude toward the young lawyer rotated 180 degrees. Confession was one of the most trustworthy signs of genuine faith.
"Thank you," I said as sincerely as I could.
Zach smiled. "And to prove my repentance, I'll take you to the jail so we can talk to our mutual client. What's his name? Mr. James?"
"Moses Jones, and it's too late. I've already interviewed him, along with the detective who questioned him about the charges."
Zach sat up straighter in his chair. "What did you find out?"
I gave him a detailed account of my initial investigation. He listened without comment until I finished.
"I'll do a conflict of interest check on the homeowners association," he said. "We may represent it. Ned Danforth does a lot of that type of work for Mr. Braddock's clients."
"Would that disqualify us from the case?"
"No, but it might give us an advantage in talking to the homeowners. What about Jones' prior criminal record? If he's had multiple convictions, it would impact a plea agreement."
"I didn't ask."
"And the detective didn't mention it?"
"No."
"Search the state and county websites."
"Do you know the links?"
"No, you track them down. Also, contact the administrator at the district attorney's office and find out the prosecutor assigned to the case. We can meet with that person together." Zach pointed to my folder. "Make a copy of everything in the file for me."
"Okay."
"Jones sounds like an alcoholic who's pickled his brain and sees dead people floating around in the jar with him. Did you ask him if he recognized the faces in the water?"
"No, it was weird, something that should be explored by a mental health worker, not me."
Zach rubbed his chin. "You're probably right, but I'm curious. Next time, I'll ask him."
After Zach left, I went to the downstairs copy room, and after one false start, navigated my way through the codes and buttons to make the copies. I organized Zach's folder exactly the same as my own and took it to his office. He wasn't there so I left it on his desk. On the corner near the photograph of his parents was a light blue envelope with Zach's first name written in a woman's hand across the front.
I used one of the computer terminals in the library to research Moses' background. There were countless defendants named Jones, but only one with the first name Moses. I found a felony conviction for illegal transport of moonshine whiskey that corroborated Zach's suspicion that Moses' brain had been damaged by alcohol. I didn't know much about bootleg liquor, but I'd read that a bad batch could cause blindness, brain damage, or death. The county database didn't reveal any other convictions or subsequent arrests.
It was close to 5:00 p.m. when I called the district attorney's office. After waiting on hold for several minutes, the woman who answered the phone told me the case had been assigned to an assistant DA named Margaret Smith.
"May I speak to her?" I asked.
After another long wait a female voice came on the line. "This is Maggie Smith."
I identified myself and the purpose for my call.
"My first taste of the criminal justice system came when I was a summer clerk for the Braddock firm," she said. "I'll never forget it. My client was charged with simple battery of his fifteen-year-old stepson. I wanted to see my client behind bars, not set free. That case, and the fact that Braddock, Appleby, and Carpenter has never hired a female attorney, are two big reasons why I decided to be a prosecutor."
"How many other female summer clerks have worked at the firm?"
"Several, but no women have ever made it onto the letterhead. Don't get me wrong, it's a nice place to spend the summer and looks decent on your resume, but unless things have changed, there won't be an opportunity for employment after law school. The history of male bias at the firm is conclusive, and everyone in town knows it." Smith paused. "Hold on while I pull the Jones file. I don't recall seeing it come across my desk."
While I waited, I wondered why God would miraculously open a door of opportunity with a brick wall behind it.
"I have it," the assistant district attorney said.
"When did you work here?" I asked, still thinking about her comments.
"Five years ago. Try to forget what I said. I guess I'm still bitter at the double standard. You might be the one to break the gender barrier."
"There's another girl at the firm this summer."
"Really? I was the only female clerk my year."
"Did they hire an associate?"
"Yeah, Ned Danforth, but he never clerked. Let's see now, twentyfour counts of simple trespass. Can't your client read a No Trespassing sign?"
"Actually, I'm not sure he can read. Were there signs posted on the docks?"
"I don't know. It's not a legal requirement to post private property. Look, I know Joe Carpenter wants you to gain experience by making my life miserable with motions and frivolous hearings, but I don't have time to play games. There are a lot of serious cases on my docket. Do your investigation; talk to everyone who lives on the Little Ogeechee River if you like; then make me a plea offer. If it's reasonable, I'll recommend it. On a case like this, I doubt Judge Cannon will give us a problem, and your client can get on with his life."
"Okay."
I wondered if I would sound as confident and forceful as Maggie Smith after I'd been practicing law for five years.
"And best of luck to you and the other girl working at the firm. There's always a first time for everything. If you get a job offer, I'll buy you a double of your drink of preference."
"That would be sweet tea for me."
"Whatever. Get back to me with your proposal."
A few minutes after I hung up the phone, Julie returned, looking frazzled.
"Do you like dogs?" she asked.
"Yes."
"Then I wish Mr. Carpenter had given you my case. Ned and I got a list of the State's witnesses to interview. We drove through several run-down neighborhoods trying to track down people and ask them what they'd seen. I've never run into so many dogs in my life. Ned is allergic to dogs so he sent me to knock on doors." Julie pointed to her right leg. "Can you see the dog slobber on my pants?"
I leaned forward. There was a distinct shiny streak from midthigh to below her knee.
"I got that from the biggest, hairiest dog I've ever seen. A dog like that has no business living in Savannah. He should be in the northern tip of Maine."
"At least he didn't bite."
"I was afraid it was a preliminary lick before he chomped down. I ran out of there as fast as I could go."
"Were these nice neighborhoods?"
"No, the owners spend all their money on dog food. There was one house with two pit bulls. I refused to go inside the gate. A man heard the dogs snarling and came to the door. I yelled questions to him across the yard."
"What did you find out?"
"We didn't talk to everyone, but a few people remembered Ferguson because he wandered around after pretending to look at the water meter. I think I've figured out what he was doing."
"You've given up on the Halloween costume defense?"
"Yeah," Julie answered. "I'm serious. I think Mr. Ferguson was scoping out houses to rob."
"But you said the neighborhoods weren't upper class."
"Exactly. Poor people prey on other poor people. There were houses with burglar bars on the windows that I wouldn't want to go inside if the door was left wide open."
"And dogs in the yards."
"Yeah, the people bought those brutes as an alternative to a sophisticated security system."
"Is your client linked to any of the robberies?"
"I hope not, but if he's charged with burglary, it would be a felony and take the case out of my basket."
"When are you going to the jail to talk to him?"
"He's not in jail. He's out on bond working his real job."
"What does he do for a living?"
"Get this. He works for the city's animal control department. That's probably how he got access to a meter reader's uniform."
"And explains why he isn't afraid of dogs."
Julie rubbed her arm across her forehead. "Are you ready to leave? I haven't needed a shower so badly since I played soccer on a muddy field in middle school."
"I'm not trying to make you stay."
"Let's go together. I'm giving you a ride home. I want every detail about your lunch date with Vinny. Did he ask you out to dinner? Did he talk about his last girlfriend and why they broke up?"
"I didn't go to lunch with Vince. He had to meet with Mr. Appleby and a client."
"What did you do?"
"I went to the jail and interviewed my client."
"Then tell me about that. At least you didn't have to worry about getting mauled by a pack of dogs."
AFTER MEETING WITH TAMI, Moses finished his first trash run of the day. Then the deputy in charge of the dining hall ordered him to clean the tables. Each stainless-steel table was surrounded by four metal stools bolted onto strips of metal that extended like spokes from a central post. Fights during mealtime were rare at the jail, but if an inmate did lose his temper, a chair couldn't be used as a large blunt object.
Moses carried a plastic bucket of water in each hand. One bucket contained warm, soapy water; the other, clean rinse water. After wiping off each table and chair, he dipped a rag in the rinse water and removed the soapy residue. Moses didn't just clean the surface of the tables; he also scrubbed under the rims. The deputy gave him a screwdriver to dislodge fossilized pieces of chewing gum. Moses worked slowly. Getting done in a hurry wouldn't earn him any reward except an earlier return to his cell where he had nothing to do but lie on his bed.
The tall girl who talked to him said she wasn't a lawyer but then acted like one. It didn't make sense. She reminded Moses of the young woman with blonde hair who'd met with him a few days earlier. She said she wasn't a doctor but then acted like one. The blondehaired woman asked questions about his health, wrote notes on paper, listened to everything he told her, and told the jail nurse to give him a green pill every morning. Moses dutifully swallowed the pill, but he knew getting back to his life along the river was the only medicine he really needed.