Don't Cry Over Spilt Wine

By Liz Eagle

Lil Starling and husband Joe receive an invitation from her best childhood friend to go back to her hometown of Warsaw, NY to receive accolades for solving a fifty-one-year-old murder. Simultaneously, her friend, Federal Judge Stone, informs Lil that several federal inmates could be released from federal prison on a technicality. The technicality spawned appeals that stemmed from the prosecuting attorney that threatened Lil and Joe. She was about to be convicted. The attorney's clients are now appealing based on her upcoming conviction. One inmate, if released, scares Lil the most. She vows to the judge to do whatever is necessary to keep that prisoner locked up. During their investigation to obtain more criminal behavior on this inmate, Lil and Joe find themselves at Lil's alma mater, Elmira College in Elmira, NY. There, she is reunited with her dearest friends, causing them to relive two unsolved murders that took place their senior year (1977-78). Lil and Joe are now involved in two priorities: preventing the release of the inmate and solving another set of murders. With limited time and several deadly threats against them, Lil must forgo any struggle with insecurities and regrets. She realizes that people from the past and present are connected, but not in the ways she ever imagined.

• Language: English
• Publisher: BookBaby
• Release date: Apr 1, 2024
• ISBN: 9798350949339

Liz Eagle

Liz Eagle is a retired United States Probation Officer. She enjoys reading fiction, writing, relaxing anywhere near water and drinking good wine. She lives in North Carolina with her husband and her dog. She has two children, two stepchildren and precious grandchildren. She grew up in a quaint town in Western New York depicted in her first award winning book, "Blood is Thicker Than Wine." She received her formal education at the distinguished college that she writes about in her second book, "Don't Cry Over Spilt Wine." She makes occasional trips to those places as her closest and dearest friends live there.

Book preview

BK90087009.jpg

Don’t Cry Over Spilt Wine

Copyright © 2024 by Liz Eagle

All rights reserved. This book or any portion thereof may not be reproduced or used in any manner whatsoever without the express written permission of the publisher except for the use of brief quotations in a book review.

Print ISBN: 979-8-35094-932-2

eBook ISBN: 979-8-35094-933-9

Acknowledgments

My family. I thank God every day that He put loving, supportive and Godly people in my life: My husband, my children and stepchildren, extended family and many, many dear friends.

Warsaw. My hometown. It will always be my home. It is a beautiful peaceful town in a valley with unbelievable scenery and people.

Elmira College. My alma mater. No question, it is the best place to obtain a collegiate education. The pristine campus located in a historic town encourages students to follow their dreams.

A special recognition to Author, James Howell, who first coined the phrase there is no point crying over spilled milk in 1659.

This is a work of fiction. Names, characters, events and incidents are the product of the author’s imagination. Any resemblance to actual persons, living or dead, or actual events is purely coincidental.

Table of Contents

Chapter 1 Winston-Salem, NC 1995

Chapter 2 One Month Before Joe’s Injury 1995

Chapter 3 Winston-Salem, NC 1995

Chapter 4 Winston-Salem, NC 1995

Chapter 5 Elmira College, Elmira, NY Fall Semester 1977

Chapter 6 Elmira College, Elmira, NY Fall Semester 1977

Chapter 7 Winston-Salem, NC 1995

Chapter 8 Elmira College, Elmira, NY Fall Semester 1977

Chapter 9 Winston-Salem, NC 1995

Chapter 10 Elmira College, Elmira, NY Fall Semester 1977

Chapter 11 Winston-Salem, NC 1995

Chapter 12 Elmira College, Elmira, NY Fall Semester 1977

Chapter 13 Winston-Salem, NC 1995

Chapter 14 Elmira College Winter 1977

Chapter 15 Elmira College Winter 1977

Chapter 16 Winston-Salem, NC 1995

Chapter 17 Elmira College Winter 1977

Chapter 18 Winter Break at Elmira College 1977

Chapter 19 Christmas Break in Warsaw, NY Winter 1977

Chapter 20 Christmas Break in Warsaw, NY Winter 1977

Chapter 21 Winston-Salem, NC 1995

Chapter 22 Elmira College, Elmira, NY 1995

Chapter 23 Elmira College, Elmira, NY 1995

Chapter 24 Elmira College, Elmira, NY Spring Semester 1978

Chapter 25 Elmira College, Elmira, NY 1995

Chapter 26 Elmira College, Elmira, NY Spring Semester 1978

Chapter 27 Elmira College, Elmira, NY Spring Semester 1978

Chapter 28 Elmira College, Elmira, NY Spring Semester 1978

Chapter 29 Elmira College, Elmira, NY 1995

Chapter 30 Warsaw, NY Early 1978

Chapter 31 Elmira College, Elmira, NY Spring Semester 1978

Chapter 32 Elmira College, Elmira, NY 1995

Chapter 33 Elmira College, Elmira, NY 1995

Chapter 34 Warsaw, NY Early 1978

Chapter 35 Warsaw, NY Early 1978

Chapter 36 Elmira College, Elmira, NY Spring Semester 1978

Chapter 37 Elmira College, Elmira, NY Spring Semester 1978

Chapter 38 Warsaw, NY 1995

Chapter 39 Warsaw, NY 1995

Chapter 40 Elmira College, Elmira, NY Spring Semester 1978

Chapter 41 Elmira College, Elmira, NY Spring Semester 1978

Chapter 42 Warsaw, NY 1995

Chapter 43 Warsaw, NY 1995

Chapter 44 Warsaw, NY Early 1978

Chapter 45 Warsaw, NY Early 1978

Chapter 46 Warsaw, NY 1995

Chapter 47 Warsaw, NY Early 1978

Chapter 48 Warsaw, NY 1995

Chapter 49 Warsaw, NY 1995

Chapter 50 Warsaw, NY Early 1978

Chapter 51 Warsaw, NY 1995

Chapter 52 Warsaw, NY 1995

Chapter 53 Elmira College, Elmira, NY 1995

Chapter 54 Elmira, NY 1995

Chapter 55 Winston-Salem, NC 1995

Chapter 56 Winston-Salem, NC 1995

Chapter 57 Winston-Salem, NC 1995

Chapter 58 Winston-Salem, NC 1995

Chapter 1

Winston-Salem, NC 1995

All alone. Sitting in the hospital room chair, ALL ALONE. All hospitals smelled the same, like antiseptic or bleach and they all looked the same with bland tile floors and walls. This room had some flowery wallpaper on the bottom half of the walls. It was designed to make you feel calm, like you were in a pretend garden. It was not working. She did not like hospitals at all. This time of day there were no sounds except machines beeping regularly, monitoring heart rate, oxygen levels that pushed up and down, and the sound of oxygen hissing. Lil Starling was focused on watching all the levels, all machines, and listening to every machine that moved or beeped. Then she put her hands together in her lap, closed her eyes, bowed her head, and prayed.

She looked up from her prayers hoping there would be a sign. Nothing. The patient under the white sheet did not move. At least not yet. She stayed very still in the chair beside the bed, barely breathing, her eyes scanned the machines repeatedly. She did not want to miss any noise or movement. A heightened state of alertness. An announcement came over the speaker in the hall. She could not make it out but prayed that whoever they were talking about was alright.

They called this feeling hypervigilance in law enforcement. Her husband Joe, the love of her life, was just lying there under stark white sheets, hooked up to machines, wires, and tubes. His arms and hands were barely showing on top of the sheets. He was a rock, her rock, at over six feet tall and now he seemed so small and fragile. They both went to the gym to stay in shape and keep their weight down and stay healthy. He could lift weights and swim lengths of the pool all in the same day.

This was unreal. She was sick, frightened, and angry all at the same time. She remembered being scarred by events like this in her life. Once when she was in college. She was attacked one winter’s night when she was a senior and managed to escape unscathed. The other time was another attack just up the street from her home. Again, she escaped unharmed. These left a horrifying memory, but nothing like seeing her rock helpless. This should not have happened. This was her fault. Her law enforcement career put them in danger yet again and he paid the price. She should have been better prepared. She is a law enforcement officer for crying out loud. She used to think that her small stature was a deficit at only five feet two inches tall. Perhaps in this case it was true. She hesitated even with all her training. She froze.

She vowed at that very moment that she would be better, stronger, more alert and never, EVER hesitate to shoot anyone who means them harm again. She slowly leaned back in the chair. Her feet touched the floor, which was unusual for most chairs. Made her feel a little taller. She inhaled, and forced herself to relax, letting her thoughts go elsewhere just for a moment. Maybe that would help to move time along, she hoped.

Just a few years ago, Lil, Joe and their friend, Judge Stone, helped the Harvey Family from Warsaw, NY receive appropriate compensation for falsely imprisoning Harvey for the double murders back in1944. Harvey died in prison and the compensation was much too little too late. Lil’s family lived in Warsaw and papers from her father’s estate led her to question the validity of the conviction which uncovered the identity of the true killer. Lil was glad to have that off her chest. Lil was grateful for correcting a wrong. If the truth be told, she was even more than grateful that her own family had been ruled free from actual involvement in the murders. What an ordeal!

During her investigation into the 1944 case, she became disgusted and ashamed that her paternal grandfather (who was a powerful defense attorney in Warsaw at the time) did little to help his client, Mr. Harvey. But, after learning about her family’s dirty sex secret, she assumed that protecting their secret was why her grandfather did such a deliberately poor job in defending him. None the less, hiding secrets did not make much sense to her. She is a federal law enforcement officer, sworn to uphold justice and obey the rule of law. Well, if she was totally honest with herself, sometimes there was the occasional ten miles over the speed limit. But realistically she was, and tried to be, a good and law-abiding person. She shook her head to refocus. She had to put that behind her and look toward the future. Her relatives were obviously certifiably crazy, and she hoped not to have that haunt her in whatever happened to her next.

She stared at her husband’s hands. Was it wishful thinking or did Joe just move a finger? Was that just desperate thinking? No. She eased up to the end of the chair, squinted her eyes to see his hand and watched closely. Yes, he moved one of his fingers. She loved his hands. He was always happy when she grabbed his hand when they walked together. Her fingers fit so well in his. When their hands met, she knew she was completely safe. Wait! She saw it! Lil stood up from the chair. She had been sitting so long she was a little stiff and pushed herself off with the help of the chair. She tip-toed silently to his bedside. She stood ever so quietly and put her hand on his and he moved his finger to hers. He was weak, but he was coming around. Thank goodness. An answer to all her prayers!

Hey, love bird. Lil said in a whispered voice as she looked at him with a caring smile. He was so still in that hospital bed, and she had been so worried. His breathing was slow and shallow with oxygen levels still below normal at only 82%. She could not escape the trepidation of the long road of healing and rehab they had ahead of them and at the same time she felt anger rage through her at almost losing her beloved husband to that maniac.

With one eye open and one closed, he strained to turn and look in her direction. Hey, he whispered. It was all he could get out. He was so weak. His lips were parched, and this was not what she was used to. Normally, he was her strength and was always there for her. This was not a typical situation, and she was totally uncomfortable and frightened by it all.

Where…? He whispered with a dry mouth and barely moving his lips and blinking his eyes.

You are in the hospital. I have been so worried about you! It’s so good to see you coming around. Try not to move too much and just get more rest. You’ll be fine. I’m here and will not leave you, ever! She reached over and gently kissed his forehead. As she said those words, she fought back the urge to cry. This had all been horrific. He was seriously injured. It would be a long road. This was killing her inside.

At that moment, after worrying so much about Joe, she felt herself switch emotions. Lil was confident of one thing, and one thing only. The person who did this better run and run fast because Lil Starling was on the move, and nothing would stop her from tracking them down and getting revenge. She would make them pay when she got to the bottom of this if this were the last thing she did while she was on this earth. No one would ever hurt her family again. She felt an anger rise in her that was more powerful than ever before.

Chapter 2

One Month Before Joe’s Injury 1995

W hat? How could this be? I don’t understand. NO! NO! NO! Lil exclaimed to her friend, Federal Judge Owen Stone. She put her palms on her forehead and pushed her long brown hair down the sides of her head with her hands. Judge Stone had just told Lil that some federal inmates would be filing appeals, and some of those inmates would be prisoners that Lil had written presentences on for the court.

Lil was sitting in a chair across from the judge’s wooden desk in his chambers. Why?! How?! Those were the only words she could think of saying. Presentence reports are completed by the probation officers to assist the Federal Judges with sentencing federal defendants. Officers spend months investigating an offender’s background, prior record, and anything pertinent to that specific offender and then provide the report to the assigned judge prior to sentencing.

Judge Stone had an infectious smile and a laugh as big as he was, at six foot three, but he was not smiling or laughing now. He rarely smiled when he was on the bench in federal court. The job of a Federal Judge was never a happy one. He used to tell Lil that the most depressing part of a judge’s job was the sentencing phase. Sending someone away to prison, away from their family. That was sad for Lil to hear because that was HER job. But Judge Stone was a friend, and she knew he would give her that smile again sometime.

He leaned back in his big black leather chair, as he usually did when he was deep in thought. She once heard through the legal grapevine that legal professionals from all around the country thought of Judge Stone as a legal giant. She could understand that. Then he rocked forward and rested his elbows on the desk and leaned toward her. His body language indicated he was serious, and he wanted her to pay attention to what he was saying. I understand how you feel about what happened with AUSA Harris, Judge Stone stated, referring to Assistant United States Attorney Harris. He was speaking of someone Lil thought was a professional, a colleague, an assistant district attorney in this district but Lil learned Harris was actually the daughter of a murderer.

Harris did irreparable harm to you and Joe. That attempt to kill you at your vacation home at Cherry Grove Beach, SC and again trying to break into your home just to steal those documents you inherited from your dad’s estate was despicable and inexcusable. I know it took a toll on you and Joe, but you both are survivors and luckily, we discovered her identity as Doctor Lewis’s daughter before she could do more damage to you or the entire federal court system. That is saying a lot, Lil. Now, you must put that behind you. He paused for a moment to let that sink in. We have our work cut out for us and I promise to keep you informed of what we are up against.

This brought back so many bad memories of previous years. She had thought this was all behind her. Harris did a superb job of hiding her identity as Doc Lewis’s daughter from Lil all those months. She changed her name from Lewis to Harris after she married, transferred to Lil’s district, and worked in the same federal building as Lil. Premeditated witch!

All this to keep her father’s secret from being uncovered. She stalked and plotted to steal the files that Lil’s dad left her from his office after he died. If she had ever gotten them or destroyed them, she could continue her father’s legacy to cover up the acts of her murderous father.

All along Harris knew exactly who killed those two girls at the park in Warsaw in the 1944. It was HER father, and she suspected that the documents that Lil got from her dad’s estate would reveal that truth. In the end, Harris acknowledged that she vowed to her father, after hearing his deathbed confession, to continue to hide his secret. So totally sick.

Lil was keenly aware that her own family had their secrets, but nothing as bad as murder. Harris was clearly intent on holding on to her father’s secret of murdering those two poor girls in the park, even to the point of attempting to commit a murder herself. Lil thought that whole mess was sick and revolting. How could someone who provided such a vital role in that small town as a surgeon do such a horrendous thing? He helped to pin a murder on an innocent man and walk away. But Lil’s grandfather did little to help the poor guy at trial. Secrets. Small town secrets. They usually come out at some point. Lil only hoped that the guilt of the Lewis family secret ate away at Harris the whole time she was locked up. But who was she kidding? Harris was just as vile as her family, especially after tormenting Lil and Joe. Now, it appears the consequence of all of that has reared its ugly head again right in front of her face.

Despite the news she was receiving from Judge Stone, Lil knew that he was extremely helpful to her and Joe when she was petrified believing that her family was somehow connected to that double murder and homicide (until she got close to discovering it and revealing). She recalled that the double murder was the talk of the town in her hometown of Warsaw in the 1940’s. Lil was convinced (and scared), after going through all the historical papers, that her family was either responsible or assisted in covering up the murders. It turned out that her grandparents and parents were cleared of any criminal involvement, but that still left the actual murderer who went unaccountable for his crimes, in this world anyway. She just wondered how someone could hold onto a secret for years without it eating at them. Lil would not be capable of that.

Lil was pulled back from her thoughts when Judge Stone spoke, I am so sorry to deliver this news to you. I thought you should hear it from me first. Judge Stone said. He looked across the big wooden desk at Lil and continued, after Harris was arrested all her cases and convictions in this district of Federal Court are going to be reexamined, which may include Thomas Jenkins. The Clerk’s Office has received notices from defense attorneys that several federal inmates intend to seek appeals from any convictions that Harris was connected. The prison grapevine is buzzing with the news of her arrest and that she was arrested. There is a quote I have used from time to time from an old American humorist who, in my humble opinion, was a philosopher. He said, ‘rumors are like bees; the more you fight them, the more you don’t get rid of them.’ Consequently, I suspect other inmates will soon be requesting appeals of their sentence just based on this technicality. Lil could not believe what she was hearing. To Lil it was not a technicality at all. It was a disaster!

On what grounds, Your Honor? Lil asked respectfully, but firmly. Lil knew the law and federal statutes from her work in the probation office. Not much got by her. She sat through too many trials and researched too many cases. Ineffective assistance of counsel? Prosecutorial misconduct? AUSA malfeasance? Those grounds would not be enough to grant an appeal. What would qualify? Lil’s head was spinning, and she could not think. She did know for certain that it was more likely for an inmate to appeal after a jury trial with a verdict handed down by the jury. This was just a straight up guilty plea and Jenkins had to sign documents stating he agreed with the charges and the plea. Those were impenetrable. Were they not? If an inmate went to trial, the appeal could be based on some of the proceedings and the law that was applied by the court. Judge Stone was as solid as they come when it came to following the appropriate case law and federal court procedure. He rarely had cases returned to him by the circuit court. She could count on one hand the number of appeals rescinded back by the Fourth Circuit Court of Appeals to her judges in this district (she liked to refer to them as her judges). She took a deep breath and tried to regain her composure. It was going to be alright. She kept that mantra going in her head.

Judge Stone put his arms on his desk, clasped his fingers and leaned further in her direction, I am so sorry, but many of Harris’ convictions in this district are now in question since her arrest. Luckily, she was not in this district long enough to do too much damage as a prosecutor, but the damage is, in fact, quite real. Most of the cases she prosecuted were your cases, Lil. You wrote the presentences on these defendants, and they were sentenced by me and a few of the other judges in this district.

Names and faces were suddenly going through Lil’s head. Aside from Jenkins, what presentences had she written that belonged to Harris? How many? Think, Lil, think! Since Lil was a Senior Probation Officer, she was assigned the most challenging cases; like the ones with terrible criminal histories, complicated drug conspiracies, or tricky calculations like that pesky odometer fraud case. Holy cow! What a mess this was going to be. Lil had to resist the urge to jump out of the chair, run out of the judge’s chambers and get back to her office. She kept meticulous records and files and she felt certain she could narrow it down in short order and get them on one piece of paper. But she was not given that instruction, nor was she even asked to assist. Calm down, Lil, she said over and over in her head. Take a deep breath. Lil’s face went white, and she felt as if her heart stopped beating.

Lil’s mind went back into time like a sudden flashback. Could Judge Stone be suggesting that ALL of Harris’ cases would appeal and could be released? What IF Thomas Jenkins was released?

Like an eerie deja’ vu moment. She was teleported back to the very day that Jenkins was sentenced. Judge Stone asked to see her in his chambers before the sentence was pronounced and she had a brief conversation with a co-worker at the probation table:

Is this about the objections to the criminal history? The other officer asked Lil.

Yes, she responded, ‘’Jenkins had so many arrests, incarcerations, and multiple convictions."

Were you able to count all of them?

No, some were too old, Lil said, ‘’but still serious. He is one bad dude. His criminal history is the longest I have ever seen in my career."

So, what did you do? the other probation officer asked.

The only thing I could do, Lil responded. ‘’I recommended an upward departure and recommended a longer prison sentence than the guidelines provided. I suspect that is what this is all about."

Lil’s thoughts jumped again to the trepidation she felt with AUSA Harris over the Jenkins sentencing. Lil wondered if Harris would support her recommendation for a longer sentence for Jenkins. Now that she knew Harris was a conniving and evil witch with a b, she NOW understood the reluctance to support anything Lil suggested. More importantly, Lil would never forget the way Jenkins looked at her after being sentenced. He kept his eyes on her the whole time the Marshals were escorting him back to lock-up from the courtroom. She saw it, she recognized the look, been trained to recognize it: clenched jaw, intense eye contact – as if he was looking through her – and that reddened blotchy skin. She knew that Jenkins was much more than just angry. She heard Judge Stone, came back to reality, and began to focus on his words.

The judge continued, "well, that is where we are at his point. I have put things in motion for the parties to meet