It took Dana almost two hours of persistent1 calling and cajoling to find the right deputy clerk willing to dig through the right record logs to determine that, yes, in fact, one Travis Boyette was arrested for drunk driving in Slone, Texas, on January 6, 1999. After he was jailed, more serious charges were added. He had posted bond, then skipped town. The charges were dismissed and the file was closed when Mr. Boyette was arrested and sentenced to ten years in prison in Kansas. The clerk explained the procedure in Slone was to dispose of cases that would not or could not be pursued. There were no outstanding warrants on him, at least not in Slone and Chester County.
Keith, who'd been unable to sleep and brewed2 the first pot of coffee at 3:30 a.m., called Mr. Flak's office the first time at 7:30 a.m. He was not entirely3 certain what he would say to the lawyer if he got him on the phone, but he and Dana had decided4 they could not sit by and do nothing. When he was stiff-armed by Flak's receptionist, he called another lawyer.
Matthew Burns was an assistant prosecutor5 and an active member of St. Mark's. He and Keith were the same age and had coached their sons' T-ball teams together. Luckily, Burns was not in trial Tuesday morning, but was still quite busy in court with first appearances and other routine matters. Keith found the right courtroom, one of several in the courthouse, and from a seat in the back row watched the flow of justice. After an hour, he was fidgeting and ready to leave, though he wasn't sure where to go. Burns finished another appearance before the judge, stuffed his paperwork into his briefcase6, and headed for the door. He nodded at Keith, who followed. They found a quiet place in the bustling7 corridors, a well-used wooden bench near a stairwell.
"You look like hell," Burns began pleasantly.
"Thanks. I'm not sure that's a nice way to greet your minister. I couldn't sleep last night, Matthew. Not one minute. Did you look at the Web site?"
"Yes, for about ten minutes at the office. I'd never heard of Drumm, but then these cases tend to run together now. They're pretty routine down there."
"Drumm's innocent, Matthew," Keith said with a certainty that surprised his friend.
"Well, that's what the Web site says. But he's not the first killer8 who claimed to be innocent."
The two had rarely talked about the law or any issue related to the death penalty. Keith assumed that, as a prosecutor, Matthew supported it. "The killer is here in Topeka, Matthew. He was in church Sunday morning, probably in a pew not far from you and your family."
"You have my attention."
"He's just been paroled, spending ninety days at the halfway9 house, and he's dying of a brain tumor10. He stopped by the office yesterday for counseling. He has a long history of sexual assaults. I've talked to him twice, and he's admitted, in confidence of course, he raped12 and killed the girl. He knows where the body is buried. He doesn't want Drumm to be executed, but he doesn't want to come forward either. He's a mess, Matthew, a real sick psycho who'll be dead himself in a few months."
Matthew exhaled13 and shook his head as if he'd been slapped. "May I ask why you're in the middle of this?"
"I don't know. I just am. I know the truth. The question is, how does one go about stopping an execution?"
"Good God, Keith."
"Yes, I've talked to him too and I'm still waiting on His guidance. But until it comes, I need some from you. I've called the defense14 lawyer's office in Texas, but that went nowhere."
"Don't you have to keep these matters in confidence?"
"Yes. And I will. But what if the murderer decides to come clean, to tell the truth, to try to save this man from being executed? What then? How do we go about it?"
"Help me here, Matthew. I don't understand the law. I've read the Web site until I'm cross-eyed, and the more I read, the more confused I become. How do you convict a man of murder when there is no dead body? How do you believe a confession16 that was so obviously coerced17 by the police? Why are jailhouse snitches allowed to testify in return for lighter18 sentences? How can a black defendant19 get an all-white jury? How can the jurors be so blind? Where are the appellate courts? I have a long list of questions."
"And I can't answer all of them, Keith. Seems, though, that the only important one is the first--how do you stop the execution?"
"I'm asking you, pal20, you're the lawyer."
"Okay, okay. Let me think for a minute. You need some coffee, don't you?"
"Yes. I've only had a gallon."
They walked down a flight of stairs to a small canteen where they found a table in a corner. Keith bought the coffee, and when he sat down, Matthew said, "You gotta have the body. If your man can produce the body, then Drumm's lawyers could probably get a stay from the courts. If not, the governor might delay the execution. I'm not sure how the mechanics work down there. Every state is different. Without the body, though, your man will sound like just another quack21 that shows up looking for attention. Keep in mind, Keith, that there will be the usual last-minute filings. These death-penalty lawyers know how to play the system, and a lot of executions get delayed. You may have more time than you think."
"Texas is pretty efficient."
"Good point."
"Two years ago, Drumm came within a week of execution. Something clicked in a federal court filing, don't ask me what. I read it last night and I'm still confused. Anyway, according to the Web site, a last-minute miracle is unlikely now. Drumm's had his miracle. His luck has run out."
"Finding the body is crucial. That's the only clear proof that your man is telling the truth. Do you know where it is? If you do, don't tell me. Just tell me if you know."
"No. He's told me the state, the nearby town, the general location, but he's also said that he hid it so well he may have trouble finding it."
"Is it in Texas?"
"Missouri."
Matthew shook his head. He took a long drink and said, "What if this guy is just another lying con11, Keith. I see a dozen a day. They lie about everything. They lie out of habit. They lie when the truth would be of far greater help to themselves. They lie on the witness stand and they lie to their own lawyers. And the longer they stay in prison, the more they lie."
"He has her class ring, Matthew. Wears it on a cheap little chain around his neck. He stalked the girl; he was obsessed22 with her. He showed me the ring. I held it and inspected it."
"You're sure it's real?"
"If you saw it, you would say it's real."
Another long drink. Matthew glanced at his watch.
"You gotta go?"
"Five minutes. Is this guy willing to go to Texas and proclaim the truth?"
"I don't know. He says that if he leaves this jurisdiction23, he violates his parole."
"He's not lying about that. But if he's dying, why does he really care?"
"I asked him that. His answer was vague. Plus, the guy has no money, no way to get down there. He has zero credibility. No one will give him the time of day."
"Why did you call the lawyer?"
"Because I'm desperate, Matthew. I believe this guy, and I believe Drumm's innocent. Maybe Drumm's lawyer will know what to do. I don't know."
There was a gap in the conversation. Matthew nodded and spoke24 to two other lawyers at the next table. He glanced at his watch again.
"One last question," Keith said. "Just a hypothetical one. What if I convinced this guy to hustle25 down to Texas, as soon as possible, and start telling his story?"
"You just said he can't get there."
"Yes, but what if I take him?"
"No, hell no, Keith. You'd be aiding in the violation26 of his parole agreement. Absolutely not."
"How serious is that?"
"I'm not sure, but it could get you embarrassed, maybe even defrocked for all you know. I doubt if you would serve time, but it would be painful enough."
"How is he supposed to get down there?"
"I thought you said he hasn't decided to go."
"But if he does?"
"Take it one step at a time, Keith." The third glance at his watch. "Look, I gotta run. Let's meet somewhere for a quick lunch and finish this conversation."
"Good idea."
"There's a deli down the street at the corner of Seventh. It's called Eppie's. We can get a booth in the back and have a quiet chat."
"I know the place."
"See you at noon."
The same ex-con with the permanent scowl27 was working the front desk at Anchor House. He was quite busy with a crossword28 and did not appreciate the interruption. Boyette was not there, he said curtly29. Keith pressed gently. "Is he at work?"
"He's at the hospital. Took him in last night."
"What happened?"
"Fits and seizures30 is all I know. Dude's really messed up, in more ways than one."
"Which hospital?"
"I didn't drive the ambulance." And with that, he returned to his crossword and the conversation was over.
Keith found his patient on the third floor of St. Francis Hospital, in a semiprivate room next to the window. A flimsy curtain separated the two beds. As a minister making his rounds, and a familiar face at that, Keith told the nurse that Mr. Boyette had visited his church and needed to see him. Nothing more was needed.
Boyette was awake and had an IV tube taped to his left hand. He smiled when he saw Keith and offered a limp right hand for a quick shake. "Thanks for coming, Pastor33," he said with a weak, scratchy voice.
"How do you feel, Travis?"
Five seconds passed. He raised his left hand slightly and said, "Some pretty good drugs. I feel better."
"What happened?" Keith asked, though he thought he knew.
Boyette looked at the window, though he could see nothing but a gray sky. Ten seconds passed. "After you left, Pastor, I got real upset. The headaches hit hard and wouldn't go away. Then I blacked out, and they brought me here. Said I was shaking and jerking."
"I'm sorry, Travis."
"Most of it's your fault, Pastor. You did it. You got me all stressed-out."
"I'm very sorry, but please remember that you came to see me, Travis. You wanted my help. You told me about Donte Drumm and Nicole Yarber, two people I'd never heard of. You said what you said. I didn't initiate34 our contact."
"True." He closed his eyes. His breathing was heavy and labored35.
There was a long pause. Keith leaned over, and almost in a whisper said, "Are you there, Travis?"
"Yes."
"Then listen to me. I have a plan. You want to hear it?"
"Sure."
"First, we make a video of you telling your story. You admit what you did to Nicole. You explain that Donte had nothing to do with her abduction and death. You tell everything, Travis. And you tell where she's buried. Give as much detail as possible so that, with some luck, they might be able to find her. We do the video now. Here in the hospital. And once I have it, I'll zip it down to Texas, to Donte's lawyers, to the prosecutor, the judge, the police, the appeals courts, the governor, and every newspaper and television station down there so they will know. Everybody will know. I'll do this electronically so they'll have it in a matter of minutes. Then, for the second part of my plan, you give me the ring. I'll photograph it and send the pictures to all the folks I just mentioned, also by Internet. I'll send the ring by overnight delivery to Donte's lawyers and they'll have the physical evidence. What about it, Travis? You can tell your story and never leave this hospital bed."
The eyes never opened.
"Are you there, Travis?"
"It'll work, Travis. We can't waste any more time."
"It is a waste of time."
"What is there to lose? Just the life of an innocent man."
"You called me a liar32 last night."
"That's because you lied."
"Did you find my arrest record in Slone?"
"We did."
"So I wasn't lying."
"Not about that. And you're not lying about Donte Drumm."
"Thank you. I'm going to sleep now."
"Come on, Travis. It'll take less than fifteen minutes to make the video. I can even do it now with my cell phone, if you want."
"You're hurting my head again, Pastor. I feel a seizure31. You need to leave now, and please don't come back."
Keith stood straight and took a deep breath. To make sure things were clear, Boyette repeated himself, but much louder. "You need to leave, Pastor. And please don't come back."
In the rear of Eppie's, the two settled over large bowls of beef stew37. Matthew pulled some notes out of a pocket and spoke with a mouthful. "There's no code section directly on point, but you would probably be charged with obstruction38 of justice. Don't even think about taking that guy to Texas."
"I just talked to our man. He is--"
"Our man? I didn't realize I'd been drafted."
"He's in the hospital. Had seizures last night. The tumor is quickly killing39 him. He's lost his desire to help the cause. He's a creep, a psychopath, probably crazy before the tumor took over his brain."
"Why did he come to church?"
"Probably to get out of the halfway house for a few hours. No, I shouldn't say that. I've seen real emotion from this guy, real guilt40, and a fleeting41 desire to do what's right. Dana found one of his former parole officers in Arkansas. The officer talked a little and said that our man was a member of some white supremacist gang in prison. Donte Drumm, of course, is black, and so I'm questioning how much sympathy is really there."
"You're not eating," Matthew said as he took a bite.
"I'm not hungry. I have another idea."
"You are not going to Texas. They would probably shoot you down there."
"Okay, okay. Here's the idea. What if you call the lawyer for Donte Drumm? I couldn't get past the receptionist. I'm just a humble42 servant of the Lord, but you're a lawyer, a prosecutor, and you speak their language."
"And what might I say to him?"
"You could say that you have reason to believe that the real killer is here in Topeka."
Matthew chewed a mouthful and waited. He said, "Is that all? Just like that. This lawyer gets a weird43 phone call from me. I say what I say, which isn't much, and that's supposed to give the lawyer new ammunition44 to file in court and stop the execution? Am I right here, Keith?"
"I know you can be more persuasive45 than that."
"Try this scenario46. This creep is your typical pathological liar who's about to die--poor guy. And he decides to go out with a bang, decides to get one last shot of revenge at a system that's beaten him up. He learns of this case in Texas, does his research, realizes that the body has never been found, and, presto47, he's got his story. He finds the Web site and becomes fluent in the facts, and now he's toying with you. Can you imagine the attention this guy would get? But his health won't cooperate. Leave it alone, Keith. He's probably a fake."
"How would he hear about the case?"
"It's been in the newspapers."
"How would he find the Web site?"
"You ever hear of Google?"
"He does not have access to computers. He's been at Lansing for the past six years. Prisoners do not have access to the Internet. You should know that. Can you imagine what would happen if they did? Access, plus all that idle time. No software in the world would be safe. He does not have access to a computer at the halfway house. This guy is forty-four years old, Matthew, and has spent most of his adult life in prison. He's probably terrified of computers."
"What about Drumm's confession? That doesn't bother you?"
"Of course it does, but according to his Web site--"
"Keith, come on. That Web site is run by his lawyers. Talk about slanted48. It's so one-sided it loses credibility."
"What about the ring?"
"It's a high school ring, one of a billion. Not exactly difficult to produce or replicate49."
Keith's shoulders sagged50 and slumped51 and he was suddenly very tired. He lacked the energy to keep arguing.
"You need some sleep, my friend," Matthew said. "And you need to forget this case."
"Maybe you're right."
"I think I am. And if the execution happens Thursday, don't beat yourself up. The odds52 are heavy that they have the right guy."
"Spoken like a true prosecutor."
"Who just happens to be a friend."
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persistent
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| adj.坚持不懈的，执意的；持续的 | |
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brewed
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| 调制( brew的过去式和过去分词 )； 酝酿； 沏（茶）； 煮（咖啡） | |
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entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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decided
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| adj.决定了的，坚决的；明显的，明确的 | |
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prosecutor
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| n.起诉人；检察官，公诉人 | |
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briefcase
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| n.手提箱，公事皮包 | |
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bustling
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killer
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| n.杀人者，杀人犯，杀手，屠杀者 | |
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halfway
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| adj.中途的，不彻底的，部分的；adv.半路地，在中途，在半途 | |
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tumor
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| n.（肿）瘤，肿块(英)tumour | |
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con
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| n.反对的观点，反对者，反对票，肺病；vt.精读，学习，默记；adv.反对地，从反面；adj.欺诈的 | |
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raped
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exhaled
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| v.呼出，发散出( exhale的过去式和过去分词 )；吐出（肺中的空气、烟等），呼气 | |
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defense
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| n.防御，保卫；[pl.]防务工事；辩护，答辩 | |
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buddy
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| n.（美口）密友，伙伴 | |
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confession
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| n.自白，供认，承认 | |
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coerced
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| v.迫使做( coerce的过去式和过去分词 )；强迫；（以武力、惩罚、威胁等手段）控制；支配 | |
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lighter
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| n.打火机，点火器；驳船；v.用驳船运送；light的比较级 | |
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defendant
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| n.被告；adj.处于被告地位的 | |
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pal
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| n.朋友，伙伴，同志；vi.结为友 | |
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quack
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| n.庸医；江湖医生；冒充内行的人；骗子 | |
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obsessed
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| adj.心神不宁的,鬼迷心窍的,沉迷的 | |
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jurisdiction
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| n.司法权，审判权，管辖权，控制权 | |
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spoke
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| n.（车轮的）辐条；轮辐；破坏某人的计划；阻挠某人的行动 v.讲，谈（speak的过去式）；说；演说；从某种观点来说 | |
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hustle
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| v.推搡；竭力兜售或获取；催促；n.奔忙(碌) | |
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violation
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| n.违反(行为)，违背(行为)，侵犯 | |
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scowl
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| vi.(at)生气地皱眉，沉下脸，怒视；n.怒容 | |
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crossword
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| n.纵横字谜，纵横填字游戏 | |
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curtly
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| adv.简短地 | |
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seizures
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| n.起获( seizure的名词复数 )；没收；充公；起获的赃物 | |
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seizure
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| n.没收；占有；抵押 | |
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liar
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| n.说谎的人 | |
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pastor
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| n.牧师，牧人 | |
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initiate
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| vt.开始，创始，发动；启蒙，使入门；引入 | |
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labored
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| adj.吃力的，谨慎的v.努力争取(for)( labor的过去式和过去分词 )；苦干；详细分析；（指引擎）缓慢而困难地运转 | |
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grunt
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| v.嘟哝；作呼噜声；n.呼噜声，嘟哝 | |
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stew
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| n.炖汤，焖，烦恼；v.炖汤，焖，忧虑 | |
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obstruction
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| n.阻塞，堵塞；障碍物 | |
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killing
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| n.巨额利润；突然赚大钱，发大财 | |
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guilt
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| n.犯罪；内疚；过失，罪责 | |
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fleeting
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| adj.短暂的，飞逝的 | |
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humble
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| adj.谦卑的，恭顺的；地位低下的；v.降低，贬低 | |
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weird
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| adj.古怪的，离奇的；怪诞的，神秘而可怕的 | |
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ammunition
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| n.军火，弹药 | |
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persuasive
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| adj.有说服力的，能说得使人相信的 | |
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scenario
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| n.剧本，脚本；概要 | |
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presto
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| adv.急速地；n.急板乐段；adj.急板的 | |
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slanted
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| 有偏见的； 倾斜的 | |
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replicate
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| v.折叠，复制，模写；n.同样的样品；adj.转折的 | |
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sagged
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| 下垂的 | |
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51
slumped
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| 大幅度下降，暴跌( slump的过去式和过去分词 )； 沉重或突然地落下[倒下] | |
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odds
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| n.让步，机率，可能性，比率；胜败优劣之别 | |
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