Finding Justice
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About this ebook
Martha McMinn
Martha McMinn is a practicing attorney who grew up in Savannah, Georgia, and now lives in Sioux City, Iowa. She has a master’s degree from the Ohio State University and a law degree from Creighton University. Justice is a fictional dog made up of her two beloved rottweilers, Cert and Cody.
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Finding Justice - Martha McMinn
CHAPTER 1
1994
Joe Benedict, just the man I’ve been looking for. Do I have an offer for you,
Betsy said.
Has my name come up on your list of lucky guys in line for a federal court appointment?
I said.
Well, I don’t know if you would call this luck, hon, but what we have behind door one, if you chose to take it, is a challenging opportunity to represent a kid named Robby Wright on his federal habeas.
I’m definitely up for a challenge. Send it over.
This is a death penalty case, so, Mark Hansen from Atlanta will be appointed as co-counsel. If you want to think it over that’s fine. No one’s gonna blame you if you pass on this one.
Betsy, I expect to take the good with the bad and the ugly, send it over. It’s a pleasure to work with you and I know you wouldn’t call if you didn’t need me.
Robby Wright was 28 years old. He had been raised near Sand Fly a seedy, rural, run down section of Savannah. When he was 19 years old, he was involved in the brutal murder of Jimmy Taylor, a gay man who had worked as a sous chef at the Pirate’s House for 10 years. Another boy, Chad Winslow, was also involved. The threesome had met at a bar on River Street early on a Saturday afternoon, spent the rest of the day drinking and using cocaine in the bathrooms of various establishments. About 2 a.m., they were climbing up the very steep stone steps from River Street. When they were about 10 feet from the top of the stairway, something happened. No one would ever know for sure what, or how, but Jimmy Taylor’s broken body lay on the cobblestones at the bottom of Factor’s Walk and about $2,000 in jewelry he had been wearing that night was gone.
I didn’t pay much attention to the case at the time. Savannah was developing a large tourist industry. City planners referred to the money provided by tourists as smokeless dollars, and they smelled better than the smoke which emanated from the huge paper mill perched on the river about a mile and a half west of downtown Savannah. You can’t have people getting killed near places you want tourists to come. You start having people murdered two blocks from the Pirate’s House and right across the street from a new, but historical looking hotel, and people will stop coming.
As I looked through the three boxes of material which comprised Robby Wright’s file, more of the details of the case came back. Robby’s buddy, Chad Winslow, had immediately confessed and named Robby as the main perpetrator. Winslow plea bargained for a 25 year sentence and testified against Robby. Robby maintained his innocence and claimed that it was Chad who was directly behind Jimmy and that it was Chad who held a knife to Jimmy’s throat and told Robby to remove the jewelry, and it was Chad who pushed Jimmy over the railing as he was screaming, Please don’t hurt me. You can have the jewelry, but please don’t hurt me.
In Chad’s version, it was Robby who held the knife, Chad who removed the jewelry and Robby who pushed Jimmy to his death.
When I arrived home that evening, I was greeted by my wife, Elizabeth.
Do they have to announce on the evening news that you are representing that disgusting killer, Robby Wright?
she said
I didn’t tell them, but lots of times they go through the court records every day. But I didn’t know you were acquainted with that disgusting killer.
I’m certainly not acquainted with him, but I remember how much damage it did to my tour business when that happened.
Well, that’s certainly enough to merit the death penalty.
I opened my first beer of the evening and walked across the kitchen to the pantry.
Joe, I will never understand why you insist on representing the pond scum of the world.
Are we out of cheese crackers?
If you haven’t put them on the list we may be. I still don’t understand why you have to represent such loathsome people.
Elizabeth turned away and walked toward the dining room.
I know, Elizabeth, I know you will never understand and that’s okay.
CHAPTER 2
1987
O ne warm sunny afternoon in October of my first year of law school, I got a ride home from Mike Stoddard. Shortly after I got in the car, I realized that Mike was not going directly home.
I’ve met this hot little number, Rene, and I told her I’d pick her up from school and give her a ride home,
Mike said
Were you awake during the lecture on statutory rape?
Lighten up while you still can, buddy, it’s only a ride home.
Mike was a good looking guy. His light brown hair was streaked with gold. Mike worked on maintaining his surfer boy image, but at the same time gave off an air of mystery that girls found fascinating.
We drove through the parking lot of H.V. Jenkins High and picked up Rene, a cute curvy little blonde bundle, and headed out White Bluff Road toward her home. I saw a girl walking alongside the road carrying a heavy load of books.
Mike, pull over. She goes to my school. I don’t want to keep all the law students to myself—just you, sweetie,
Rene said.
Mike pulled off the side of the road.
Hey Jenny, get in. Wow you have a load of books,
Rene said.
That’s because I’m taking that elective lit course. Lot’s of extra reading. Thanks. The books were getting heavy,
Jenny said.
These boys are law students. Bet you don’t get to ride home with future lawyers everyday,
Rene said.
No, I haven’t ever been given a ride by future lawyers before. I’ll have to mark this date down on my calendar.
Jenny turned her head and smiled at me. I looked into her eyes and time stood still. Her long dark hair was pulled into a pony tail and her simple shirtwaist dress did nothing to hide her curves.
Nice to meet you, future lawyer,
she extended her hand and I noticed her long slender fingers.
It’s a pleasure to meet you lovely high school student,
I said.
She smiled and tilted her head slightly. She was beautiful, but her eyes were striking. They were large and green with flecks of gold and when she looked at me I felt as though she was looking into my soul.
After we dropped both girls off Mike said, Renee is a cutie, but that Jenny is a beauty. We won’t mention her to your fiancée, Elizabeth.
Good idea, but if you ever want anymore favors from me you’ll forget about this ride. Not that Elizabeth would believe the likes of you,
I said.
A few days later I ran into Mike in the Student Center.
Have I got a deal for you,
Mike said.
Really. Does it involve driving around with underage girls?
No, even better, it involves going to the drive in movie on Friday with the lovely curvaceous Rene and her buddy Jenny. Now, don’t tell me you aren’t interested. These girls are hot,
Mike said.
I motioned Mike over to a quiet corner. Have you forgotten, I’m engaged? Look, I know what you expect to happen at the drive in. And it’s your business, but do you think I’m crazy?
You aren’t crazy, exactly, but you’re way too tightly wound. Didn’t you tell me Elizabeth was going to a Tour Guide Convention.
Yes, but that doesn’t mean I want to go out with you and the jail bait cuties.
Rene won’t go unless you and Jenny double with us. Hey, I can take care of myself and as your intentions are disgustingly honorable, you don’t have anything to worry about do you?
Okay, Okay. I can sense you’re going into whining mode and I can’t take that. I’ll go, but you owe me big time.
Saturday night came quickly and I was surprised to see that Mike had borrowed one of his dad’s large sedans for the evening.
Okay, when I blow the horn, Rene will come out and you get in the driver’s seat and I will escort Renee into the back seat,
Mike said.
Aren’t you going to the door?
I asked.
No, I’m getting into the back seat and making everything comfortable for my little sweetie,
Mike said.
Mike blew the horn, scrambled into the back seat and Rene came running out and joined Mike in the comfy back seat.
During the 5 minute ride to Jenny’s house Rene and Mike began a conversation, most of which I couldn’t hear, that was punctuated every few seconds with shrill giggling from Rene. Mike was doing his pirate captain imitation complete with dialogue and Rene was finding it hilarious.
I didn’t blow the horn, but got out of the car and went to Jenny’s door. Rene observed this and punched Mike playfully and said. He’s a real gentleman, you could learn some things.
I didn’t hear Mike respond, but I did hear a cascade of shrill giggles.
The entranceway to the house was a minefield of toys. Two little blonde girls approximately 4 and 5 years old peered out the door at me. They were quickly joined by a slightly younger boy and then Jenny appeared.
Caitlyn, Sherry and Donnie, I want you to meet Joe Benedict.
I almost laughed at the formality of the introduction. I had not been around children this age in… well I couldn’t remember being around children of this age.
What movie are you going to see?
asked Caitlyn, the oldest. My sister takes me to the movies on Saturdays. Can I come with you tonight?
Caitlyn looked very serious.
No, silly,
said Sherry. This is a date. Little kids don’t go on dates. I already asked Jenny earlier. She said those other people in the car would get mad.
By this time Donnie had flown off, holding his arms out and making an airplane noise. I wished we could take the kids with us. Well, maybe not the airplane, but the two little girls were cute and seemed mature for their age.
As we walked toward the car, I said. Don’t let Mike see your sisters. He has a thing for young girls.
She looked up at me and laughed.
Are we going to the horror movie at the Victory Drive In?
Rene asked between giggles. Is that okay with y’all?
Mike asked.
I looked at Jenny, she nodded. Sure, there’s nothing like a good horror movie,
I said.
Victory Drive is the longest palm lined drive in the world. Each tree represents a soldier killed in World War I. The palm trees had played a part in the deaths of many reckless drivers over the years. They were as solid as rocks.
I had forgotten how truly awful drive in movies were. The speaker that hung on the window inside the car had a scratchy sound. The entire place was run down. But then, people did not really come to the drive in to watch the movie. As darkness quickly fell, the giggles from the back seat became even more frequent.
After overhearing a conversation that mentioned the word protection, I said. Hey, Jenny let’s go to the concession stand and get some yummy treats.
Aye, mates, keep the light down,
Mike said as the dome light came on.
Sorry, captain, but it’s getting a mite steamy in here, time for a break,
Jenny said as she slipped out of the car.
I took her hand as we walked toward the back of the drive in where a few dilapidated picnic tables sprawled near the concession stand.
How has your day been, future lawyer?
she smiled and turned toward me.
Even in the twilight she was beautiful and I felt my pulse begin to race.
Today has been a day like all days except different, lovely high school girl,
I said.
What made today different?
I came to the realization that law is about protecting private property and defending the status quo,
I said.
You thought it was about something else?
I guess, I never really thought a lot about it. But, for me it has been a hard thing to face,
I said.
Don’t you believe in the ownership of private property?
she smiled.
Yes, but I had a vision of myself as defending the wrongly accused and helping to right injustice. I guess my classes on property and corporations are getting me depressed.
If law was just about property and corporations I would find it very depressing, too. I’ve thought about law school, but my dad says if I can’t catch a man in two years then I should drop out and get a job,
she said.
Is your dad a Neanderthal or what?
I asked.
My dad is a Major in the Air Force. He is brilliant and very successful and a Neanderthal.
Well, you won’t have any problem with catching a man, but sounds like you don’t want to settle for a MRS degree,
I said.
No, I don’t want to settle and I don’t want a man I have to catch.
Do you know what you want, lovely high school student?
I said.
I’m not sure, but I try to stay grateful for what I have. A good home, plenty of material things and opportunity.
She looked up and smiled at me.
As we walked back to the car, I knew I wanted to see her again. She was so pretty, fresh, intelligent, open-minded. So different from Elizabeth. I was in trouble.
Mike was sitting behind the steering wheel. He didn’t speak. Rene was leaning in a car window a few cars over, still giggling.
Don’t ask,
Mike said.
Jenny, will you go tell Rene that if she’s going to ride home with us she’d better get her butt over here?
Jenny put her hand on the door, but I stopped her. Those are rough lookin characters. I don’t want Jenny going over there. If you want Rene told something, tell her yourself.
Mike gunned the motor and pulled up near where Rene was visiting. Rene didn’t look over.
I’m going home now, Rene; do you want a ride?
Mike asked.
That’s okay, I’ll find another way home,
Rene giggled.
Mike spun the wheels of the car as he raced out of the drive in. Mike was quiet as he drove to Jenny’s house. I walked her up to the front door.
I’ll call you,
I said.
It was really an interesting evening with your pirate friend and I enjoyed our talk,
she said.
I started to walk away but suddenly turned around; took off my college ring and placed it in her hand.
You don’t think I’ll call, but I’m going to leave this with you so you will have to believe me.
Late Sunday afternoon I showed up at Jenny’s house. She came to the door and stepped outside.
Do you want to go for a walk?
Jenny asked. My dad’s home and I don’t feel like introducing you to him at this point. He’s been on the warpath all afternoon, and anyway, let’s walk down by Country Day school.
Jenny’s house was about a block from the Country Day School campus. Country Day had originally been Pape’s Girls School. It had an excellent reputation and most of the wealthy families sent their children there. Elizabeth sometimes talked about her daddy giving a big donation for the new campus and how this would insure that our children would attend Country Day.
Do you have my ring?
Yes, of course, do you want it back now?
Well, I guess I should get it back.
Why did you leave it with me?
she said.
I knew I had to see you again,
I said.
She turned and faced me. She was wearing a green turtle neck sweater almost the same color as her eyes and tight fitting jeans. The sun highlighted her hair that was hanging lose on her shoulders. My ring was on a long chain around her neck. I took her hand and gazed into her eyes. We had stopped under a huge live oak tree near the entrance to the deserted campus.
I’m too old for you.
I waited for her to say something. When she didn’t I continued. I’m sure you have lots of boys that want to go out with you, boys in high school.
I don’t want to go out with boys in high school. Are you too old for me or am I too young for you?
She smiled and I realized that I was still holding her hand. We continued walking and stopped on the far side of the buildings.
Couldn’t we be friends?
she asked.
I don’t think that would work out.
I really like you, Joe. You’re fun to talk to. I don’t see why we can’t be friends.
I don’t think it would work because.
We had stopped walking and I was leaning against the side of the building.
Because, I don’t think friendship would be enough for me.
I pulled her close and placed her hands on my shoulders.
She took the ring on the chain from around her neck and placed it over my head. Her hands lingered behind my head.
Great. We’ll be more than friends.
Jenny leaned into me, and suddenly I was kissing her and she was kissing me.
Jenny, this is wrong. This is what I was afraid of.
"You kissed me, I wanted you to. What could be wrong with that?
Jenny, how old are you?
What does it matter how old I am?
You aren’t stupid and you know why it matters.
She clenched her fists as tears rolled down her cheeks.
I’d never tell anyone, I promise.
I know you wouldn’t, but it wouldn’t be fair to you. I can’t take advantage of you that way.
I began guiding her towards her house. She looked down.
When we got even with my car she looked up. There were tears in her eyes.
Will I ever see you again?
she asked.
You’ll see me again, but I think we’ll have to settle for the friendship thing.
I drove back uptown to my apartment. I’d made up my mind that I would never see her again.
01.jpgCHAPTER 3
E lizabeth and I met at Clary’s for breakfast on Monday mornings. It was an old drug store with a few tables in the back. From the waitresses’ hairstyles they might have been there during WWII, but they had the best fried eggs and grits in town. We had lunch together on Tuesday and Thursday. We went out to dinner on Friday night and Elizabeth stayed over at my apartment. She was gone by noon on Saturday because I had to study.
At breakfast on the Monday morning after