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James Burke: Cimarron Rose

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James Burke Cimarron Rose

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'You don't have a rape case. You're not going to make assault and battery without a weapon, either,' I said.

'Oh?'

'Lucas doesn't have a bruise on him.'

'You see the medical report on her genitalia? Or maybe that's just Lucas's idea of rough sex… You want to talk about weapons? How about if he beat her face on the side of the truck?'

'You have evidence of that?'

'It poured down Saturday night. The whole crime scene was washed clean.'

'Pretty convenient, Marvin.'

'No, pretty sickening. And the charge isn't assault and battery. Where have you been this morning?'

I stared into the righteous light in his eyes and knew, with a sinking of the heart, what was coming next.

'She died an hour ago. The doc says it was probably a brain hemorrhage. You want to plea out, give me a call. He's not going to do the big sleep, but I guarantee you he'll get to be an expert at picking state cotton,' he said.

Because Lucas was being arraigned on a Monday morning, he was brought to court on the same wrist chain as the collection of DWIs, wife beaters, and barroom brawlers who had been in the drunk tank over the weekend. Each Monday morning they would ride down to the first floor in an elevator that resembled a packed zoo cage and, in stumbling peckerwood or black or Mexican accents, offer their explanations for the mercurial behavior that seemed to affect their lives like a windstorm blowing arbitrarily through a deserted house.

Normally the weekend miscreants waved at their friends in the courtroom or punched one another in the ribs and snickered while one of their members tried to talk his bail down. But not today. When they sat in the row of chairs at the front of the court and the bailiff unlocked their wrists and dropped the chain to the wood floor, they rounded their shoulders and looked at their shoes or moved a chair space away from Lucas, as though eye contact or proximity to him would stain them with a level of guilt that was not theirs.

I stood next to him when it was his turn to rise and face the court. His father had brought him a clean white shirt and flowered tie and pair of starched khakis, but he was unshaved and his wavy hair was uncut and wet and combed straight back on his collar, so that he looked like a 1950s hood rather an uneducated rural kid whose father had belittled him since he was a child.

Marvin, the prosecutor, asked that Lucas's bail be set at $200,000.

I heard Lucas's breath catch in his throat. I touched the back of his wrist with mine.

'Your Honor, my client is just nineteen and has very little in the way of resources. He has no felony arrests of any kind. He's lived his whole life in this county. The bail request is not only unreasonable, it's deliberately punitive. The real problem is, Marvin doesn't have a case and he knows it.'

The judge's glasses were orbs of light and the lines in his face seemed gathered around his mouth like crinkles in papier-mache. '"Punitive" is it? Tell that to the family of the dead girl. I also love your first-name familiarity. There is nothing I find more heartwarming than to feel I'm involved in a court proceeding that might be conducted by Lum and Abner. Bail is set at one-hundred-fifty-thousand dollars. Count yourself fortunate, counselor,' he said, and clicked his gavel on a small wood block.

On the way out of the courtroom Vernon Smothers's gnarled hand clenched on my forearm. His gray eyes were jittering with anger.

'Everything you touch turns to shit, Billy Bob,' he said.

'Go home, Vernon,' I replied.

'I don't want my boy locked up with low-rent nigras. Get him in a special cell or something.'

'Don't go home. Find a wastebasket and stand in it, Vernon,' I said.

I rode up in the elevator with Lucas and a deputy. Lucas's lower body was draped in a clinking net of waist and leg chains. The deputy slid back the wire-mesh door on the elevator, then used a key to unlock a second, barred door that swung out onto the third floor. We walked under a row of electric lights with wire baskets over the bulbs, our footsteps echoing off the sandstone walls, past a series of cells with solid iron doors and food slits, past the tank where the drunks were kept, toward three barred cells that faced back into the corridor. Lucas's cheeks and throat were pooled with color, as though they had been burned with dry ice.

'This is where we keep the superstars,' the deputy said. He started to unlock Lucas's wrists in front of the middle cell. A hand and arm came out of the bars to the right and undulated in the air like a serpent.

'You got fresh meat for us, boss man?' the half-naked man in the cell said. His eyes looked maniacal, the structure of his head as though it had been broken in a machinist's vise. His arms were too short for his thick torso, and his chest and pot stomach were white from lack of sunlight and covered with green and red tattoos.

The deputy slipped his baton from the ring on his belt and whanged it off the bars an inch from the tattooed man's hand.

'You stick it out there again, I'll break it,' he said.

'Come on, keep my Jell-O tonight and put that sweet thing in here with me,' the man said, his palms wrapped around the bars now, his eyes dancing with malevolence six inches from mine. His body exuded a raw, damp odor like sewer gas.

After the deputy had unlocked Lucas's wrists from the manacles, I saw the fingers on both his hands start to tremble.

'Give me a minute,' I said to the deputy.

'No problem. But I'm going to lock you inside so nobody don't grab one of your parts. You think the smart-ass here on the right's bad? They ain't thought up a name for that 'un on the other side.'

I went into the cell with Lucas and watched the deputy turn the key on us and walk back down the corridor and sit at a small table and take his lunch out of a paper bag.

'I don't care if I cain't remember anything or not, I didn't hurt that girl. I liked her. She always come in there with college kids, but she didn't put on like she was special,' he said.

'Which college kids?' I said.

He sat down on the bunk. A blowfly buzzed over the seatless toilet behind him. Lucas's eyes started to film.

'People she went to school with, I guess. Are they gonna electrocute me, Mr Holland?' he said.

'Texas doesn't have the electric chair anymore. But, no, you won't be tried for capital murder. Just give me some time. We'll get you out of this.'

'How?'

I didn't have an answer for him.

On the way out, I heard the man with the misshaped head and white pot stomach laughing in a high, whinnying voice, mimicking the conversation he'd heard in Lucas's cell: 'They gonna 'lectrocute me? They gonna 'lectrocute me?… Hey, you punk, the black boys gonna take you into the bridal suite and teach you how to pull a train.'

He held his chin and loins close against the bars and made a wet, chugging sound like a locomotive.

I went home and fixed lunch in the kitchen. The silence of the house seemed to ring and pop in my ears. I opened all the downstairs windows and pulled back the curtains and felt the wind flow through the hallway and puff open the back screen. The morning paper lay folded on an oak table in front of the hallway mirror. A full-length photo of Lucas in handcuffs stared up at me. He didn't have my eyes, I thought. They were obviously his mother's. But the hair, the cut of the jaw, the six-foot-one frame… None of those belonged to Vernon Smothers.

I went back into the kitchen and tried to finish the fried pork chop sandwich I'd fixed.

His mother and I had gone to high school together. Both her parents had been road musicians who worked oil field honkytonks from Texas City to Casper, Wyoming. When she was sixteen she met and married Vernon Smothers, who was ten years older than she. When she was nineteen she found me in Houston and asked for money so she could leave him.

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