William Bernhardt - Capitol offence

But Ben also sensed a certain calm about him. A rectitude, perhaps. As if, now that all the secrets were out, he didn't have to hide anymore, and he was relieved about it. Better to bask in a harsh sun than to cower in shadows.

"I was horrified when I heard what Chris had done. Driving that poor woman off the road like that. Covering it up. She never did anything to anyone. She spent her days trying to help the sick and dying. And this was her reward? Just because Dr. Sentz was sloppy? It wasn't right."

Ben felt Dennis flinch each time Shaw talked about the horrors that had been visited upon his wife, but somehow he managed to keep it together. Ben didn't know how. Perhaps Dennis had also acquired some strength during the intervening months.

"I knew Chris was stonewalling the investigation. I thought it was a mistake. Better to seem to cooperate than to create suspicion. But he didn't see it that way. He was afraid she might still be alive-which was correct, as it turned out-and he didn't want her found anytime soon. That's why he was so upset when he found out what Officer Torres had done. He was afraid he would be found out. Didn't happen. He overreacted. And his overreaction set the whole drama into motion.

"After the body of Parsons was discovered, dead from radiation poisoning, the Tulsa police began an investigation into the murder, and then later into the cesium smuggling operation. Unfortunately, since Sentz was in charge of that one, too, it never got anywhere. He figured the safest way to make sure the cops never got close to him was to run the investigation himself. The stakeout at the Marriott was a big smokescreen based upon faked nonevidence. The irony was, we were the smugglers we were supposedly hunting."

Behind him, Ben saw reporters scribbling furiously. The clickety-clack of laptops had been deemed too distracting, so they were forced to resort to pen and paper, which for many of them, Ben suspected, was a new and strange experience.

"I totally used Dennis Thomas. Dr. Sentz knew his stupid guilt-ridden brother had to be eliminated, but he was too weak to do it himself. He just made little hints, you know? Basically hoping someone else would do it, so he wouldn't have to come face-to-face with what he was-the kind of monster who could contemplate killing his own brother. So I drugged Dennis Thomas. He was our patsy. He took the fall, and covered up our whole operation in the process."

Beside him, Ben felt Dennis's arms shaking. Seething with anger? Furious about the great injustice that had been done to him? Or trembling with anticipation? Perhaps he was beginning to feel, as Ben did, that this time the result might be different. This time the evidence went into the hotel room.

"Mr. Guillerman, would you like to cross-examine?"

"No," he answered succinctly. "I have no reason to doubt anything the witness has said."

Ben's eyes widened a bit. He was not only not challenging but implicitly endorsing the witness. A brave move from the district attorney who had fought to put Dennis away. He was signaling the judge that even if his office did not allow him to support this motion, he certainly did not oppose it.

After Shaw finished testifying, he was taken by two marshals and escorted back to the jail. Eventually he would be moved to prison, where he would serve several years. Given all that he had done, the deal let him off easy. But it would be worth it if it got Dennis out of the coveralls.

"Is there anything else?"

Both attorneys shook their heads.

"Very well, then. I want to check a few precedents and gather my thoughts. Please do not leave the premises. I will render a judgment before the close of business today."

Christina and Ben looked at each other. They weren't even going to say what was in their heads, as if voicing any hopes might jinx them.

Dennis did not have the same control. "He's thinking about it, right? We know he's at least thinking about it?"

"We do know that."

"But what if he denies your motion again?"

"Then we take it to the Court of Criminal Appeals. Justice Johnson and that lot. At least now we've got some real issues."

"But no sure thing."

"That doesn't exist in the legal world."

"And that will take a year to be heard?"

"At least."

Dennis fell silent. Ben took his hand and squeezed it tightly.

That wasn't much. But at the moment, it was all the attorney had to offer his client.

Like all breaks, this one gave Ben a chance to contemplate everything that could possibly go wrong. It was still possible that the judge could dismiss the testimony as lacking credibility, since Shaw was a known perjurer and he had basically sold his testimony to get a lighter sentence. It was possible he could find any of a thousand other flaws as well. And Ben contemplated each and every one.

He was greatly relieved when the judge finally returned to the courtroom.

"It may well be that we will never know everything that happened in this case. I for one would like to know who masterminded this sale of radioactive materials, and the identities of the intended buyers. I would sleep better tonight if I had that information. But my job here is to analyze the new evidence that has been presented in terms of the case tried. Specifically, my job is to determine whether the new evidence justifies setting aside the jury's verdict."

He took a deep breath before answering. It seemed it was not only jurors who instinctively drew out the big moment of revelation.

"Most motions for new trial can be dismissed out of hand. Most newly discovered evidence is neither new nor evidence of much. But this is different. Here we have a confession from a key player in a criminal operation. To use his own words, Dennis Thomas was their patsy. And I for one am ashamed that both law enforcement and the justice system played a part in this ongoing misuse of a grieving husband."

McPartland drew himself up to his full height. "It is with this in mind that I announce that the defendant's motion is hereby granted. The court will entertain any writ for relief the defense may care to subsequently submit and my ruling will be forwarded to the court of the pending civil action. The judgment against Dennis Thomas is hereby set aside and double jeopardy has attached. Therefore, Mr. Thomas, as of this moment, you are a free man. Marshals, remove those shackles."

Dennis jumped up into the air. Most of the reporters in the gallery did the same. He heard a cry from the back row, then another. A few moments later, a spontaneous round of applause broke out.

The judge hammered down his gavel. "This court is still in session!" he barked. "Therefore, there will be order in this court!" His stony glare melted into a smile. "However, what you do afterward is your own business." He brought down the gavel again. "This court is in recess."

The crowd once again burst into applause. The back doors slammed repeatedly as people raced in and out.

Before Ben even knew what was happening, he felt Dennis's arms wrap around him. "Thank you," he said quietly. Ben could tell he was weeping. "Thank you so very much. From both of us."

Ben didn't have to ask what that meant.

Over his shoulder, Ben saw Guillerman approaching.

"I know you might not want to hear from me," Guillerman said, speaking to Dennis, "but I am genuinely sorry about what happened."

Dennis reached out his hand. "I don't blame you."

"Thank you. But I won't stop blaming myself." He looked past to Ben. "Congratulations, counselor."

"Thank you for not opposing the use of the Shaw evidence."

Guillerman shook his head. "I'm not a total jerk, you know. Honest." He reached out his hand to Ben. "Thank you for your damned tenacity. You are a testament to this profession. What it should be."

Ben didn't know what to say. So he simply took the man's hand and shook it.