William Bernhardt - Capitol Offense

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In his thrilling novels of suspense, William Bernhardt takes us into the fault lines of the criminal justice system, where one mistake, a twist of fate, or an explosive secret can mean the difference between justice and its cataclysmic undoing. In Capital Offense, attorney Ben Kincaid stands amid the chaos of a violent collision between vengeance and death-and it’s up to him to discover where the truth lies.
Professor Dennis Thomas arrives at the law office of Ben Kincaid with a bizarre request: Thomas wants to know if Kincaid can help him beat a murder charge-of a killing yet to happen. The professor’s intended victim: a Tulsa cop who had refused to authorize a search for Thomas’s missing wife. For seven days, Joslyn Thomas had lain in the twisted wreckage of her car, dying a horrifically slow death in an isolated ravine. Now, insane with grief, Thomas wants to kill Detective Christopher Sentz. Kincaid warns him not to, but that very same day someone fires seven bullets into the police officer.
Suddenly Kincaid’s conversation with Thomas is privileged and Thomas is begging Kincaid to defend him. Thomas claims he didn’t shoot Sentz-even though he’d wanted to. Something about the bookish, addled Dennis Thomas tugs on Kincaid’s conscience, and against all advice, he decides to represent this troubled man in the center of a media and political firestorm.
But the trial doesn’t go Kincaid’s way, and a verdict of capital murder is bearing down on Dennis Thomas. That’s when Kincaid’s personal private detective, Loving, starts prying loose pieces of a shocking secret. Working in the shadows of the law, using every trick that works, Loving risks his life to construct an entirely new narrative about Detective Sentz, Joslyn Thomas, and madness in another guise: the kind that every citizen should fear, and no one will recognize-until it is too late.

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“And about your wife.”

Ben’s chin rose.

“I know she was wrongly accused of murder once. Framed. And probably would’ve been executed, except that one very determined individual fought for her, fought the system, the courts, the cops, and everyone else who stood in his way.” Dennis smiled slightly. “And then he married her.”

Ben shuffled his feet. “Well… a lot happened in between…”

“I want that man to fight for me, Mr. Kincaid. I want him to believe in me enough to stick his neck out and go the extra mile. Or even if he doesn’t, I want him to do it for my Joslyn, because she was a good person, an extraordinary person, who did not deserve the gruesome, hideous death she received.” He took a small step in Ben’s direction. “I-I just want to know that someone still cares about justice. Not winning or losing. Not money. Not reputations. Justice.”

He stretched out his hand, his eyes pleading. “Will you be that person, Mr. Kincaid? Will you do it for me? And Joslyn?”

5

“You cannot do this, Ben. Do you hear me? You cannot!”

Ben looked down at the floor and fidgeted with his fingers. “I’m sorry to hear that, Christina. Because I’ve already done it.”

“Without even consulting me? I’m your partner.”

“I never consult you before I accept a client. And neither do you.”

“This is different.”

“How so?”

“There’s an unspoken commandment. Thou shalt consult thy partner and helpmeet before representing cop killers.”

Ben pressed his fingers against the top of his desk. He could see this was going to be more difficult than he had anticipated. “We have never shied away from taking controversial clients.”

“This is way beyond controversial. The whole city is ready to have him drawn and quartered.”

“And I’ve also never shied away from clients everyone believed guilty. Starting with you.”

Christina did not back down. “Don’t go throwing that in my face. I was framed. That’s totally different from some guy who stalked his victim, carried a gun to his hotel room, and blew him away.”

“He says he didn’t do it.”

“I thought he said he blacked out.”

Ben hesitated. “Well… yes.”

“If he blacked out and can’t remember anything, how can he know whether he did it or not?”

“I think a murder would probably stick in his mind.”

“No, Ben, that’s exactly the sort of thing that wouldn’t stick in his mind. The human psyche has great built-in defense mechanisms. When a memory becomes too unpleasant, the brain shuts it out. That could be the whole cause for this alleged blackout and memory loss. Selective amnesia.”

This was a possibility that had not yet occurred to him. A very disturbing possibility. “You need to meet him, Christina. He’s very sincere.”

“I don’t doubt it. He’s probably a wonderful guy, when he’s not shooting people.”

“Christina…”

“But the traumatic death of his wife has caused some sort of personality break. And unfortunately, that’s not insanity, temporary or otherwise. That’s just a sad case of the right buttons being pushed to turn someone into a murderer.”

“In any case, he needs representation.”

“Right. And since you couldn’t come up with a pardon-”

“Christina…”

She flung her arms over her head. “Ben, can you not see how this man is manipulating you? First he wants a pardon. Then he wants to trump up some temporary insanity defense, so he can get away with murder and not even have to do time in the asylum. Then, what do you know, he kills someone and provides a blackout and other circumstances to support a claim of temporary insanity. You’re not his lawyer. You’re his get-out-of-jail-free card!”

Ben reached forward and took her hand. “Christina, I know you’re trying to protect me.”

“You’re darn tootin’! Someone’s got to do it! Do you know I’ve just come from a two-hour planning session with Harvey? We’re supposedly working out your reelection campaign. But if you take this case, you can forget about it. Your candidacy is toast.”

“I don’t believe that. People understand that everyone is entitled to a defense.”

“Excuse me?” She grabbed him by the lapels. “Have you forgotten where you live? This is the land of capital punishment and everyone-should-be-tried-as-an-adult.”

“You’re being unduly cynical.”

“Wait till Channel Six gets wind of this. You’ll be the lead story for a week. ‘Senator Aids Alleged Cop Slayer!’ Do you know what that will do to your approval ratings?”

“I didn’t get into this profession for approval ratings.”

Christina threw her arms around him and hugged him tight. “I know that, Ben.” Ben could feel her pulse, feel her heart throbbing. He knew she was worried about him. “And frankly, I couldn’t care less if you run for reelection. I’d probably rather you didn’t. But if you’re going to take a hit of this magnitude, I want it to be for a good reason. Not because some bitter, scheming murderer is using you.”

“Christina.” He gave her a little squeeze. “I know you don’t think much of my ability to size up people. But I genuinely believe Dennis is sincere. He’s not an evil person. I think the loss of his wife has devastated him-as it would me. He’s just trying to cope.”

“That’s not the impression I’m getting.”

“I talked to Mike and got some of the paperwork on the case. Dennis did go to the police department every day for a week. Sometimes twice a day. Trying to get them to open a missing persons file. To investigate his wife’s disappearance. And this Detective Sentz refused. Even after she had been gone a week! Doesn’t that seem strange to you?”

“I think it’s appalling. But I don’t think it justifies murder. Neither will the jury.”

“Sentz claimed there was no crime, no evidence of foul play, and Mike tells me that technically he’s right. They have strong criteria that have to be met before they investigate missing persons because it happens so frequently. Plus, she had disappeared once before, many years before, of her own volition. But still… how could any detective resist such a desperate husband? The disappearance of a prominent physician. Someone who worked with cancer patients. Don’t you think most people would break a few rules? I know I would.”

“You break rules for every sad sack who walks through your doorway, Ben. You can’t use yourself as a benchmark. Maybe Detective Sentz was rigid. Maybe even a little heartless. But at the end of the day, it doesn’t justify murder.”

“I’m not saying it does. I’m just saying I think it’s odd. Worth investigating. I want you to ask Loving to look into this. He has a lot of cop buddies. See what he can find out about Sentz. And this whole situation.”

“I think you’re wasting your time. And Loving’s. And mine.”

“But you haven’t talked to Dennis. Will you at least meet him first? And then if you still don’t believe him…”

She looked at him expectantly, arms folded. “Yes?” He smiled. “I will seriously consider listening to you.” Christina grabbed her coat and headed toward the door. “I am not amused, Mr. Kincaid. Or comforted. Not a bit.”

6

Ben was astonished by his first glimpse of Dennis Thomas. As soon as he and Christina rounded the corner and peered into the cell, he realized how much Dennis had changed, or had been changed, by a few days in jail. His skin was white and pasty. Of course, he’d had no sunlight since he was arrested, plus the meals served tended toward starch and white bread. Opportunities for exercise were limited. He appeared to have shaved, but not well. And his brain was probably atrophying; he was used to reading and teaching and other forms of mental stimulation.

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