John Grisham - The Confession

At 9:30 a.m., a Defender Group lawyer named Cicely Avis walked into the clerk’s office at the TCCA with the latest filing by the lawyers for Donté Drumm. It was a claim of actual innocence based on the secretly recorded statements by Joey Gamble. Cicely routinely showed up with similar filings, and she and the clerk knew each other well.

“What else is coming?” the clerk asked as he processed the petition.

“I’m sure there will be something,” Cicely said.

“Usually is.”

The clerk finished his paperwork, handed a marked copy back to Cicely, and wished her a good day. Because of the obvious urgency of the matter, the clerk hand delivered a copy of the petition to the offices of all nine justices. Three happened to be in Austin. The other six were scattered around the state. The chief justice was a man by the name of Milton Prudlowe, a longtime member of the court who lived in Lubbock most of the year but kept a small apartment in Austin.

Prudlowe and his law clerk read the petition and paid particular attention to the eight-page transcript of the recording of Joey Gamble spilling his guts in a Houston strip club the night before. While it was entertaining, it was far from sworn testimony, and there was little doubt he would deny making the statements if confronted with them. No consent had been given to the recording. Everything about it was tinged with sleaze. The young man was obviously drinking heavily. And, if his statements could be delivered, and if he had indeed lied at trial, what would it prove? Almost nothing, in Prudlowe’s opinion. Donté Drumm had confessed, plain and simple. The Drumm case had never bothered Milton Prudlowe.

Seven years earlier, he and his colleagues had first considered the direct appeal of Donté Drumm. They remembered it well, not because of the confession, but because of the absence of a dead body. His conviction was affirmed, though, and in a unanimous opinion. Texas law had long been settled on the issue of a murder trial without clear evidence of murder. Some of the usual elements were just not necessary.

Prudlowe and his law clerk agreed that this latest claim had no merit. The clerk then polled the clerks of the other justices, and within an hour a preliminary denial was being circulated.

———

Boyette was in the backseat, where he’d been for almost two hours. He’d taken a pill, and evidently it was working splendidly. He didn’t move, didn’t make a sound, but did appear to be breathing the last time Keith checked.

To stay awake, and to get his blood boiling, Keith had called Dana twice. They had words, neither retreated, neither apologized for saying too much. After each conversation, Keith found himself wide-awake, fuming. He called Matthew Burns, who was at the office in downtown Topeka and anxious to help. There was little he could do.

When the Subaru drifted onto the right shoulder of a two-lane road, somewhere close to Sherman, Texas, Keith was suddenly awakened. And mad. He stopped at the nearest convenience store and bought a tall cup of strong coffee. He stirred in three packs of sugar and walked around the store five times. Back in the car, Boyette had not moved. Keith gulped the hot coffee and sped away. His cell phone rang, and he snatched it from the passenger’s seat.

It was Robbie Flak. “Where are you?” he asked.

“I don’t know. Highway 82, headed west, outside of Sherman.”

“What’s taking so long?”

“I’m doing the best I can.”

“What are the chances of me talking to Boyette, now, by phone?”

“Slim. Right now he’s passed out in the backseat, still very sick. And he said he was not talking until he got there.”

“I can’t do anything, Keith, until I talk to this guy, okay? I have to know how much he is willing to say. Is he going to admit that he killed Nicole Yarber? Can you answer this?”

“Well, Robbie, it’s like this. We left Topeka in the middle of the night. We’re driving like crazy to get to your office, and the sole purpose, according to Boyette when we left Topeka, was for him to come clean, admit to the rape and murder, and try to save Donté Drumm. That’s what he said. But with this guy nothing is predictable. He may be in a coma right now, for all I know.”

“Should you check his pulse?”

“No. He doesn’t like to be touched.”

“Just hurry, damn it.”

“Watch your language, please. I’m a minister and I don’t appreciate that language.”

“Sorry. Please hurry.”

CHAPTER 20

The march had been whispered about since Monday, but its details had not been finalized. When the week began, the execution was days away, and there was a fervent hope in the black community that a judge somewhere would wake up and stop it. But the days had passed and the higher powers were still asleep. Now the hour was near, and the blacks in Slone, especially the younger ones, were not about to sit idly by. The closing of the high school had energized them and left them free to look for a way to make noise. Around 10:00 a.m., a crowd began to gather at Washington Park, at the corner of Tenth Street and Martin Luther King Boulevard. Aided by cell phones and the Internet, the crowd multiplied, and before long a thousand blacks were milling about, restless, certain that something was about to happen but not sure exactly what. Two police cars arrived and parked down the street, safely away from the crowd.

Trey Glover was Slone High School’s starting tailback, and he drove an SUV with tinted windows, oversize tires, glistening chrome wheel covers, and an audio system that could break glass. He parked it on the street, opened all four doors, and began playing “White Man’s Justice,” an angry rap song by T. P. Slik. The song electrified the crowd. Others streamed in, most of them high school students, but the gathering was also attracting the unemployed, some housewives, and a few retirees. A drum ensemble materialized when four members of the Marching Warriors arrived with two bass drums and two snares. A chant began, “Free Donté Drumm,” and it echoed through the neighborhood. In the distance, away from the park, someone lit a round of firecrackers, and for a split second everyone thought it could’ve been gunfire. Smoke bombs were set off, and as the minutes passed, the tension grew.

The brick was not thrown from Washington Park. It came from behind the police cars, from behind a wooden fence next to a house owned by Mr. Ernie Shylock, who was sitting on the porch watching the excitement. He claimed no knowledge of who threw it. It crashed into the rear window of a police car, jolted the two cops into a near panic, and caused a roaring wave of approval from the crowd. The police ran around for a few seconds, guns drawn, ready to shoot anything that moved, with Mr. Shylock being the first possible target. He raised his hands and yelled, “Don’t shoot. I didn’t do it.” One cop sprinted behind the house as if he might chase down the assailant, but after forty yards he was winded and gave up. Within minutes, reinforcements arrived, and the sight of more police cars fired up the crowd.

The march finally began when the drummers stepped onto Martin Luther King Boulevard and headed north, in the general direction of downtown. They were followed by Trey Glover in his SUV, windows down, rap at full volume. Behind him were the others, a long line of protesters, many holding posters that demanded justice, a stop to the killing, and freedom for Donté. Children on bikes joined the fun. Blacks sitting idly on porches got up and began walking with the crowd. The parade grew in size as it inched along, seemingly without a destination.

No one had bothered with a permit, as required by Slone ordinance. The rally the day before in front of the courthouse had been legally conducted, but not this march. The police, though, played it cool. Let ’em protest. Let ’em yell. It’ll be over tonight, hopefully. Blocking the parade route, or trying to disperse the crowd, or even arresting a few, would incite them and only make matters worse. So the police held back, some following at a distance while others circled ahead, clearing the way, diverting traffic.