Vindication: Endwell Investigations, #2

By fj donohue

Can this wrongful conviction be overturned?

A teenager was found guilty as an accomplice in a robber murder. His brother has tried unsuccessfully for years to get the case reopened. Now a University Law Center has taken it on. It's the boy's last chance.

They retain Alastair Stewart of Endwell Investigations to reexamine all the evidence. Along the way he identifies a corrupt District Attorney and a long-standing stolen car trade.

• Language: English
• Publisher: Frank Donohue
• Release date: Jan 20, 2023
• ISBN: 9798215441558

fj donohue

I’m a retired International Sales Director, having worked in the commercial and military flight simulation industry for over 30 years. I lived in Brussels (Belgium) and Bonn (Germany) for eight years and met my British wife in Brussels. Before my career in the flight simulation industry, I was an Armaments and Electronics Maintenance Officer in the USAF during the Viet Nam era conflict. We have three children and seven grandchildren. Since retirement I continue to chase an ever-elusive golf game. Home is a small town in central New York State where the novellas are set. I'm a volunteer mediator and Lemon Law arbitrator and this occasionally appears in the stories. An underlying theme in my novellas is people helping people. In spite of the difficulties and crime that may surround us, there is always hope in friendship and good neighbors. Go to my website below for information about my novellas and to contact me for a FREE short story. I won't use your information for any other purpose.

Book preview

Chapter 1

The types of cases handled by Endwell Investigations changed after their recent bluestone quarry accident investigation in Pennsylvania and the Raymond Leonard missing person case. Although their success was not extensively covered in the media, the agency had developed a solid reputation for investigative work. The word was out. Endwell Investigations was playing at a new level now. The days of documenting cheating spouses and bogus insurance claims involving car accidents and such were long gone.

The challenge for the agency now was not to get overextended. Alastair limited the number of active cases to five. That was within their scope given the current staffing. Chantal was now a full-time investigator and Randy, although part-time, was always working on a case for the agency. Alastair knew that to increase the agency caseload they would have to bring on more staff. This was a concern to him. The chemistry in a small office is critical.  Everyone works closely together on the active cases. Sharing information and supporting each other was integral to success. It was essential that everybody fit so they could operate as a team. Alastair knew he had to sort out the staffing challenges sooner rather than later if he wanted to grow the agency. He had it in his mind to ultimately have five investigators including himself. But for now, keep an eye out for talent and make sure the current cases are on track.

Now that Chantal was a full-time investigator and no longer managing the office administration, they’d hired a new office manager, researcher, receptionist, bookkeeper, and general trouble shooter.  Chantal found him at SUNY Broome Community College. He was a computer science major. Gilbert Jensen was a big kid. Not fat or obese, just big. Randy laughed that they would have to be very careful if they wanted to use him on surveillance as he would stick out like a sore thumb. Randy had a very infectious laugh and loved to make others laugh.

How do you have a six-foot-five guy follow someone without being noticed? he laughed.

But at this point, Gil was learning the business side of the agency and hoping to do investigative work at some point. He was now in his eighth month and was a good fit. Good tech-head, inquisitive, and had excellent social skills. Chantal was always available for backup, but for the most part now, he flew solo as Randy would say. Alastair’s dog Sherlock had bonded with Gil and spent a lot of time in the reception area with him meeting clients. She was half-shepherd, half-husky and loved people.  It had been about four years now since Alastair rescued her from the drainage area by the Weis Supermarket on Glenwood Avenue in Vestal. She was near death and the vet thought it was a lost cause. But Alastair would not give up on the dog and talked the doctor into trying to save her. It was high risk surgery, but she made it. She filled a big hole in Alastair’s life after he lost his wife and unborn baby in a mob hit in Miami when he was with the FBI. He saved Sherlock and she saved him. Laughing, Gil referred to the dog as their secret weapon! Always the first to greet new clients. Anybody familiar with Endwell Investigations always asked about Sherlock.

Alastair usually scheduled an all-hands meeting on Friday afternoon. Ideally in person but, if necessary, on-line or a call-in from the field. Although he called them status meetings, Chantal referred to them as washups and the tag stuck. They would usually meet in Alastair’s office. Comfortable chairs around the coffee table and Sherlock always with them. She loved to be around people. She knew when they were headed to the Friday washup and would bound in ahead of them, eager to be with the group.

Although the main purpose for the Friday meeting was to update everyone on the agency case load and status, the conversations were varied and covered a wide range of topics once the case reviews were finished. It was an open forum. How are you doing? How’s the family? What do the Buffalo Bills look like this season? Is Syracuse going to have a good basketball team this year? Anything I can help you with? Alastair loved the exchanges. An extended family looking after each other.

The agency recently had a major technology upgrade. Chantal and Randy had installed new computers, monitors and software for data searches. They also bought tablets for everyone so they could enter data from the field rather than only from their laptops. Along with text information, they could also post photos. It was a welcome addition. They initially tried using their smart phones, but everyone found them limited. You could enter data and photos from them, but the tablets were more user friendly. The screen and keypad size on the phones was too small. The investigator’s text entries tended to be fairly long and detailed. Entering a lot of data through a phone was awkward. So, the tablet was the weapon of choice.

Alistair thought, yikes, this is a real space age operation now. Maybe Sherlock can start handling some cases too. Investigator dog!

Chapter 2

Alastair was in his office sorting out some recent invoices submitted to clients. Timely payment was not really an issue with the agency. They operated with a retainer for most of their cases as the upfront expenses could mount up quickly. Today’s effort was making sure they had recorded the retainer payments already received. Gil kept everything on a spreadsheet so tracking the history was pretty straightforward. A far cry from earlier days when the file consisted of individual billing slips. Easily mixed up in the wrong file or worse, lost.

As they were wrapping up the meeting, the phone rang. I’ll get it, Gil, phone’s right next to me, said Alastair.

Mr. Stewart, this is Jerry Stark from Wainwright and Stark in Scranton. I trust you remember us.

I do. You represented Trevor Durgan in the bluestone quarry accident last year. Of course, he remembered the lawyer. He was a big help and Alastair remembered him fondly as someone always willing to help another human being. He seemed to recall him having light brown hair and tortoise shell glasses.

We did, but Floyd Gibson from Philadelphia did the heavy lifting. We were local support or second chair so to say. I’m going to be in Binghamton later next week; can you find some time to meet with me?

Yeah, no problem. I’m here all next week. Find a time that works for you and let me know.

Okay, I have a pretrial hearing on an estate settlement. No will and lots of bits and pieces. It’ll go to trial, I think. It’s pretty far along now. We had hoped for a mediator to hear the case but there’s too much animosity between the parties, so a trial seems to be a real possibility. There’s still an option for the judge to appoint an arbitrator and have him sort it out. I hope he does; a trial would be a food fight. But back to the reason for the call; does Friday at ten o’clock work for you?

That’s fine. Can you give me a heads-up? Do I need to prepare for the meeting?

Not at this point. My partner Mike Wainwright and I do pro bono work when we can. We try to have ten percent of our activity dedicated to this kind of work. We’ve done well in Scranton/Wilkes Barre and try to give back to the community. Shortly, we’ll be taking on a case and I want to talk about your participation. I’m not looking for a free ride from you; the defense fund who brought the case to us can provide some support.

Wow, you caught me cold. Sure let’s meet and see what you have.

Thanks, Mr. Stewart, looking forward to it.

Please call me Al; I’ll have the coffee ready for Friday.

Great, and Jerry works for me.

When they finished the call, Gil asked, What was that all about? Sounds really interesting. Gil was very curious, all the time. He seemed to thrive on knowing everything he could in a situation.

Don’t know. It came out of the blue. I guess they’re looking for some investigative work on their pro bono case. I think they could get that support in the Scranton area, but maybe not or they want an outside agency looking at it. We’ll have to wait and see what Jerry has in mind.

Can I be involved? asked Gil.

You will be. I suspect this will require a lot of case research.

No, I mean legwork. Boots on the ground. I really want to work on the investigation side too.

I’ve been thinking about expanding your role but let’s not get ahead of ourselves. Let me meet with Jerry first and see where we can take this. There may also be opportunities helping Randy and Chantal.

Thanks, Al. I really like it here and want to learn how to handle cases like Chantal and Randy do.

Okay, hotshot, let me get you a trench coat, pork-pie hat, sunglasses and a snub-nose thirty-eight pistol and we can put you on the street!

Do I get a crime fighters badge too? laughed Gil.

Absolutely. I think I have one in my corn flakes cereal box at home, let me check!

After Gil left the office, Alastair thought about their conversation and how Gil might fit into the organization doing field work. Investigations are tedious and require a lot of patience. Nothing comes quickly. Lots of dead ends and wrong turns. If you get frustrated easily, investigative work isn’t for you. Gil had good social skills and was an excellent researcher. Sometimes Chantal called him Digger as he was persistent in his research. Peel back yet another layer of the onion. Keep digging. Hmm, thought Alastair, he's done some good work here and wants to grow. I’ll speak with Randy and Chantal and see what they think. Maybe I’ll take him along with me and see how he does. I’m sure he thinks field work is exciting and glamorous. Maybe some exposure to it will help him decide if it’s for him. If Randy and Chantal agree, I’ll bring him along with me and see how it plays out.

Chapter 3

On Friday morning, a little ahead of ten o’clock, Jerry Stark arrived at Endwell Investigations. Sherlock was with Gil in the reception area. She started sniffing around Jerry with great interest. Your dog must be picking up Gingersnap’s scent, he said, she’s our dog, been with us over ten years now.

Let me tell Al you’re here, he’s expecting you. Can I get you some coffee?

Yes, I’d like that. Half-and-half if you have some and no sugar.

That’s the way Al takes his. I’ll bring it into his office.

As Gil was speaking, Alastair came into the reception area. One for me too, Gil, please.

Al introduced Jerry to Gil and Sherlock who was happy to be in the mix. She stayed near Alastair, her tail wagging. After a few minutes the two men headed to Alistair’s office. As they were going in Alistair said, Gil, why don’t you join us. There may be a research component to this which is best heard from Jerry rather than second hand from me. Wow, thought Gil, how good is this! New case work. I’m pumped. Maybe Al will take me with him in the field?

Let me get the coffee; I’ll be right in, said Gil.

The three men settled into the comfortable blue armchairs around the coffee table in the corner of Alastair’s office. The room was well appointed, as if professionally decorated.

Jerry looked around the office taking in the furnishings and art on the walls. Al, I love the artwork. You must have spent some time assembling it.

I’m always in the hunt. I don’t buy anything on the internet. Too many forgeries out there. I work with a couple of galleries in New York City and Chicago. They know what I’m interested in and call when they have something.

Not much was known about Jerry’s request for the meeting other than it involved pro bono work by his law firm. Although Alastair was receptive to doing pro bono work, he was worried about the workload it might place on the agency. They were only three people handling a busy case load. He didn’t want to commit to supporting Jerry and not be able to deliver. Maybe this is the time to bring Gil into an active case, he thought.

Jerry started the conversation. Al, let me give you some background on why I’m here today. As I mentioned when we first spoke, we try to take on pro bono work around Scranton/Wilkes Barre. My partner Mike Wainwright and I have a solid practice. We’ve been fortunate and want to support the community. Usually, the young attorneys run with the pro bono cases and as they develop, Mike and I jump in as required. Most of the work is pretty mundane. Bad debts, evictions, job terminations without cause, etc. However, we were recently contacted by the University of Scranton Law School about a robbery and murder in Scranton some years back.

I didn’t know they had a law school, said Alastair.

Actually, it’s an affiliation with Villanova University in Philadelphia. The students study two years at Scranton and then finish up at Villanova.

Sounds like an interesting program, said Alastair, nice way to leverage capabilities.

It certainly is. When I got the call from their law clinic a few weeks back, they were in the process of taking on a wrongful conviction case. A local lad was convicted as an accomplice in a murder and robbery in Scranton about five years ago. He was sentenced to twenty-five years in prison.

How old was he when he was sentenced?

Just turned twenty, replied Jerry.

Yikes, that’s a big chunk of his life, said Alastair, do you think he has a case?

I don’t know at this point. That’s why I wanted to speak with you. I’ve only read the summary from the University. I’ve not met with the lad or his family yet. However, from what I’ve read, it seems like the district attorney pushed ahead with thin evidence. At the time, the community was upset and the media stoked the fire. I’m not comfortable with their case.

Al would tell us that the case had an odor to it, said Gil.

Good way to describe it, replied Jerry, that’s exactly how it hits me too.

Who handled the defense?

Public defender, answered Jerry.

Alastair asked, I’m curious; why ask us? I expect you have private agencies down your way who do investigative work.

Well, we do and we don’t. There are agencies who are local, but they don’t have your depth and frankly experience. If we take on this case, it could be very emotional for the community. I want someone working this who is not connected to the area. I don’t know where this will take us. We may be stepping on some toes and probably more. Also, we were impressed with the work you did on the bluestone quarry accident case.

Thanks for the kind words. Let me be candid with you. We’re essentially a three-trick pony operation in terms of investigators. Two investigators and me. Gil keeps everything in the office on track and is the glue that keeps the agency together. I don’t want to take this on and not be able to meet your expectations. Let’s do this. Give me the case file from the university. I’ll review it over the weekend and meet with Chantal and Randy, my investigators, to get their views on it. I’ll come back to you next week.

That’s great, Al. By the way, I think I mentioned it earlier, the case does have funding so we can cover your expenses.

We don’t want to make any money on this. If we do take the case, we can talk about expenses as we move forward if we need to.

Chapter 4

After Jerry left, Alastair and Gil sat around discussing the meeting. This was all new to Gil and very exciting. The chance to be in on a major investigation from the beginning was a great opportunity. But it was Alastair’s decision and all he could do at this point was wait for the call.

Gil, the case file Jerry gave me isn’t very large. I want you to make a copy and also review it over the weekend. Summarize your thoughts and findings. Two sets of eyes are better than one. I’m not looking for a ‘go or no-go’ opinion on the case at this point. I just want to know what you see, what you think, and how you feel about it. I’ll do the same and we can compare notes on Monday. Don’t forget, the information is confidential and is not to be shared with anyone outside the agency.

I understand, Al. I’ll keep it close-held.

Over coffee on a Saturday morning, Alastair sat at his kitchen table with the file. His house was of average size, but it was the back yard that made the property attractive. The yard was spacious and abutted public wildlife area. Sherlock was in the back yard enjoying the space while protecting the property from critters. She would chase them around the yard only to have them return later. Protector-dog rules; always on the job!

So, what’s this case about? thought Alastair.

Jamari Hinton had been convicted as an accomplice in a robbery/murder five years ago. It took place at a small bodega in Scranton that had been a neighborhood fixture for years. The elderly owner was shot twice in the chest and died instantly. The thief took cigarettes and cash from the register. As it turned out, there wasn’t much money in the register at all. The robber, Reggie Thomas, was captured two days later. Jamari Hinton, who was outside the store looking in the window when the robbery took place, was arrested four days later and charged as an accomplice. The police said he was the lookout. Both men were shown on the security camera in the bodega. Reggie inside killing the old man and Jamari outside looking in the window.

One point that stood out clearly to Alastair was the lack of police notes in the file. It was thin. Not much detail on the extent of the investigation. Normally a file would be full of notes from interviews, the results of a neighborhood canvas and an assessment of the crime scene by the officers and lab techs. There was very little of this in the file. Some notes from the investigating officers and some photos but overall, not a lot of detail and yet this was a murder/robbery.

It seemed as if they took the security video from the bodega and based their case on it. Also, the investigation ran very quickly. Robbery/murder, arrests, trials, convictions. End of story. Maybe no contest with Reggie Thomas. Apparently, the video clearly showed him killing the elderly owner. But Jamari?

Hmm, there is an odor to this, thought Alastair, this was a robbery and murder but the case files reads like a traffic stop or domestic disturbance investigation. Too clean, too crisp, where’s the beef! What was the rush with this case? Was there a rash of these types of robberies back then? Something doesn’t fit. Was someone trying to enhance their image? What’s going on?

He read the files a couple of more times and came to the same conclusion. Something’s not right. Around four o’clock in the afternoon, he headed over to Enjoie Golf course and walked nine holes. He liked doing this. Later in the day the course was not too busy and being relatively flat, he could walk it using his pushcart. He had taken Sherlock with him. She loved the outings. Running ahead sometimes and other times lagging behind, but always within sight of Alastair. He had trained her to not go on the greens. A couple of times telling her to sit near the greens and wait was all it took. She would sit just off the green while he was putting. After that, dinner at his sister’s house. It was just the two of them now. Their parents had died some years back and Jane’s boys were out of college and launched on their careers. Bobby in the Air Force and Brian in law school at Syracuse University. When Alastair’s wife and unborn child