William Bernhardt - Capitol offence

"You're… talking too fast."

"Sorry. Doesn't matter."

Loving felt the tension in his arms and legs relax. They had cut him loose.

"Don't try to stand. We're wearing hazmat suits. We'll carry you back to the truck, then copter you out of here. You've been exposed less than an hour, so you should be okay, but we're still going to fly you into Los Alamos for a very special chemical shower."

"That sounds… nice."

"It will do the trick."

"Need to call… Ben."

"Doubt if he's in a very good mood. He lost that trial."

"What?"

"Yeah. And you know how he is."

"But-Dennis is innocent."

"I know you think so, but-"

Loving grabbed Mike's arm. "I know he's innocent. Shaw told me so."

"What? When?"

"Let me get to Shaw. We'll make him a deal. Get him to testify."

"First we have to get you that shower. I can't guarantee the DA will make any deals. Or that Shaw will cooperate."

"He will. Now that it's over." Loving was so tired. Maybe it would be okay, just for now, to rest. For a little while. "He'll do it."

"Maybe if we can make it in his own best interest."

Loving shook his head slowly. His body was beginning to relax, and he wasn't even out of the sun yet. "He'll do it for his sister."

"Mr. Kincaid, I know why you're here. Again. Do you recall the last time?"

"I do," Ben said contritely.

Judge McPartland pointed his gavel. "Then you may recall my telling you that if you brought another motion before this court, without new grounds, I would cite you for contempt and throw you in jail."

"I recall that distinctly, your honor."

"It is one thing to be a zealous advocate. One cannot help but admire that. Up to a point. But when the trial is over, it is over. Your remedy, if any, is to appeal to a higher court, not to keep badgering the trial court."

"Yes, sir. But an appeal takes a year or more. A motion to set aside-"

"I don't need a lecture on trial procedure, Mr. Kincaid."

"No, sir."

"Especially not during your third attempt at the same motion. You are very lucky that I have not already-"

"He's innocent!" Ben exclaimed.

A hush fell over the packed courtroom. Despite the fact that most of those in attendance were reporters, there was not so much as a cough. Perhaps they were stunned that he had raised his voice. Or perhaps, like Christina, they thought it was long overdue. If dangerous. Especially with an old-school judge. Good thing he'd brought a toothbrush…

"I am aware of your position, Mr. Kincaid. And I do not doubt that you genuinely believe it. But we have rules and procedures in this justice system of ours. Surely you must realize-"

"I've been down this road before," Ben said firmly. "Trying to get someone out of the clutches of the criminal justice system when I knew he was not guilty. Seeing a good man rot away in prison because the wheels of justice turn so slowly."

"I admit the system is flawed-"

"But no one ever wants to do anything about it. That's why so many trials go bad. That's why more than a hundred people have been released from death row because DNA evidence proved the criminal justice system totally screwed up. That's why-"

Behind him, Ben felt Christina tugging at the back of his coat. He coughed into his hand. "But I digress…"

Since Dennis Thomas's conviction, Ben had alternated between halfheartedly planning an appeal and mostly wallowing in his own guilt. He should've done this, he should've done that. Nothing made him feel better. Despite Christina's best efforts to bring him out of his funk, all he could think about was the fact that there was a man in prison-a man on death row, no less-because he'd let himself be outmaneuvered by a sharp district attorney positioning himself for reelection.

Then he got the call from Loving. Mike, actually, on behalf of Loving. Slowly he was able to put the pieces together. Within twenty-four hours, he was back in front of this court with a motion to set aside judgment based upon newly discovered evidence. Ben presented an affidavit from Loving in which he described in detail everything that Shaw had told him. The intentional killing of Joslyn Thomas. The deliberate refusal to investigate. The drugging of Dennis Thomas. The cesium black market operation that lay behind the whole complex drama.

His motion was denied. The judge took it all into consideration, but he noted that the standard for setting aside a jury verdict was very high, and rightly so. Otherwise there would never be any finality in any case. He noted that the affidavit had been sworn out by someone who worked for the defense attorney, which of course went to its credibility. He also noted that it was all hearsay, a form of evidence disfavored by the courts, and that Loving had recently been drugged and was suffering bouts of memory loss as a result.

A week later, Ben was back with another motion. This time he had an affidavit from Mike detailing the entire police investigation, not only of the death of Christopher Sentz but also of Joslyn Thomas. A subsequent, more intensive investigation at the crime scene revealed evidence that Joslyn's accident had been engineered, then covered up, by a third party-Christopher Sentz. He also detailed the investigation into the cesium robberies and how they related to the Thomas case, and noted that Peter Shaw had perjured himself at trial and others might have done so as well.

The judge admitted that he was impressed. He admitted that it appeared the whole truth had not come out at trial. But he saw no clear indication of anything that likely would have altered the jury's verdict. Mike was unable to explain what had happened in that hotel room. Motion denied.

Dennis had sat beside Ben for both hearings. Ben had warned him that this was a difficult business and that he should not get his hopes elevated. But how could he not? He was a human being. How could he help but hope that this would be the time he finally found justice? But it never happened. Ben let him down again, just as he had done at the trial.

And every time, Dennis looked a little older, a little more tired, a little more beaten. It had only been three months, but his hair was already grayer. His eyes sagged. His skin was pale, almost translucent. This was not a man who needed to be in prison. Or who, Ben suspected, would survive long there.

"The point of this third appearance, your honor, is that we have even more newly discovered evidence. And this time it's being provided by the district attorney's office."

Judge McPartland raised an eyebrow. He looked over at the prosecution table. "Is this true?"

Guillerman nodded. He didn't look happy about it. Truth was, Mike had orchestrated the whole thing, and it had taken a long time. He had to get the cooperation of a host of law enforcement officials, both state and federal. Eventually he brokered a deal. Shaw received a reduced sentence-and his sister was guaranteed medical treatment. In exchange, he agreed to testify at this hearing. Once Mike had the whole matter arranged, Guillerman had little choice but to go along with it.

"Very well then. Mr. Kincaid, please call your witness."

"I see now that my head was all messed up. I couldn't think straight. I wasn't sleeping well. Drinking too much. Taking pills to help me stay calm. You got to understand-I've never been married. I have no children. My sister is my whole world. The one who was always there for me. The one who stood beside me when the rest of the world couldn't care less. I could not watch her die because we couldn't afford the health care she needed!"

Shaw, like Dennis, had also changed much in the three months since the trial. He'd lost a good deal of weight. He'd shaved his goatee. His skull was stubbly. Ben knew he had spent most of that time incarcerated at the Tulsa County Jail. Perhaps he did not have access to the usual grooming tools.