Welcome to my stop on N. Lombard Jr’s Justice Gone blog tour, with Damppebbles Blog Tours!
Many thanks to Emma @ damppebbles blog tours.
“What does voir dire mean?” Penny asked out of the blue. “The judge said something about…”
“It means that I and the prosecutor get to question each prospective juror directly. Only the judge has that authority, we lawyers have to ask permission to do so.”
They entered the visitation room, a cramped stuffy space bounded by the same pea-green walls, with a wooden table and straight-backed wooden chairs in the middle of the room. It was dimly lit and windowless. They found Darfield already standing by the table, and after greetings, along with hugs on the part of Tessa and Penny, they all sat down.
“I think it’s time I made a proper introduction,” Emily Bodine said. She smiled appealingly. She was a comely woman of about thirty, with honey-brown hair combed sensually around her glossy oval face and down to her shoulders, and possessing jaunty blue eyes, a cute button nose, and alluring lips. She wore a brown lawyerly, Chanel-style pants suit. “You already know I’m Nat’s daughter and his co-counsel.”
“Not as flamboyant as me, but she gets the job done,” Bodine put in.
“Thanks, Dad. Closest thing to a complement that I’ll ever get from him,” she told the others with a fleeting grin before getting down to business. “Today was the formal arraignment, and now we are entering the discovery phase.”
“What’s that mean, exactly?” Darfield wanted to know.
“It means that the State has to turn over all its evidence to us including a list of witnesses they intend to call, the exhibits they intend to admit, things like that…so we can prepare our case. And we have to do likewise.”
“When is the trial going to be?” Tessa asked, getting to the issue that was a priority on her mind.
“Yeah, I’d like to know that, too,” Darfield said.
“Well, I don’t expect before the end of the year. We have the holidays coming up. It has to be within one hundred and twenty days, you heard the judge. Maybe sometime in February.”
Tessa was upset. “February! And Donald will be locked up until then?”
Bodine intervened. “Well, it’s like six of one and half dozen of the other. We’ll at least get sufficient time to prepare. It could have been worse if we waived the right to a speedy trial. Could have been a year or more because the State’s got a weak case and they’d use that time to bone it up.”
Darfield patted her arm. “Don’t worry, Tessa, I can make it all right.”
Bodine continued. “As Emily already mentioned, this is the discovery phase, so the more time the better. You see, most prosecutors play this disgusting game in collusion with the police, to take their time with the paperwork and to withhold things until we have to file motions repeatedly complaining to the judge to get hold of what they got, even though by law we are one hundred percent entitled to it. Oh, yeah, by the way, you got a source of funds?”
Tessa backed off, and sort of shriveled up. “We assumed you were working pro bono.”
“Well I am, but that means I’m only waiving my fees. There are still expenses to pay; you don’t expect me to dig into my own pockets for those, do you?”
Emily explained. “Phone calls, photocopying, transport, investigation costs…”
“Yes, that’s a must if we’re going to trial. And then there’s the experts.”
The elder Bodine once again took the reins. “Look, they don’t have any evidence that Donald killed those three men. They need eyewitnesses, and they don’t have any. And the only forensic evidence is going to be based on ballistics. So they’re going to get some expert, who works for the government of New Jersey and who is loyal to the prosecution, and get him in the witness stand and give the jury a whole mumbo-jumbo about how Donald’s weapon is tied to the bullets they found. Except it’s gonna be bullshit. But the jury will eat it up; even if they don’t understand what he’s saying, ‘cause he’s an expert, and if we rely just on my cross-examination, me, a lil ol’ lawyer, a blind one at that, trying to rip apart his testimony, it always appears as a lack of respect when I attack his credibility. I mean he’s the expert, ain’t he? That’s why we need our own expert to show up the other guy, and let me tell you, they don’t come cheap.”
“We’ll do a fund-raising,” Penny said. “How much will we need?
“Shoot for a hundred thousand,” Bodine advised. “Shit!” Darfield blurted.
“There is something that we must consider right from the start,” Emily said. “This case hinges on jury sentiment. There’s nothing else when you come right down to it. And that’s not in our favor. Asarn County is ninety-percent white and is very conservative, as well as generally supportive of their local police.”
“I thought I saw a few people outside holding signs,” Penny said. “I think they were supportive of Donald.”
“That’s the last thing we want!” Bodine remonstrated loudly, banging his cane on the floor.
The door opened and a uniformed jailer appeared. “Is there a problem in here?”
“No officer, I was just making a point.”
“Well, could you make it a little more quietly, please?” “Yeah, now shut the door.”
The guard shot Bodine a harsh glance before closing the door. “Little pipsqueak.” He pointed his cane toward the far corner, where a camera was suspended close to the ceiling. “They can see everything going on—closed-circuit television. Can’t hear us though… He damn well knew there wasn’t any problem, just wanted to assert the little authority he has…now, as I was saying…any protesters showing up here are likely to be outsiders with a political agenda. The local community is still in shock over those cold-blooded murders; they’ve already forgotten the original incident, Felson’s beating, and they’ll consider such shenanigans as insensitive liberal nonsense…and if the jury should be exposed to these types of demonstrations, they’ll turn against us.”
“You have to realize,” Emily broke in, “that this is all about assigning blame. Three men are dead and someone has to be held responsible. They can’t just let it hang in the air.”
“What about my alibi?” Darfield shot in.
Bodine turned his head in the general direction of Darfield’s voice. “I sent someone down there, and we’ll get his report soon.” “What about this judge?” Darfield asked. “Is he going to be
the same one for the trial? Looks like a mean sucker.”
“Good question, Donald,” Bodine replied. “I would say yes, most assuredly. He’s an elected judge, and this is an election year.
“Is that good or bad?” Penny asked. “Not good.”
“There’s been a study done,” Emily said, “that shows that elected judges tend to have more convictions and give out stiffer penalties during their election years.”
“And,” Bodine added, “they usually run on a platform of being tough on crime. Last campaign, Tupelo had as his slogan, Vote for Judge Tupelo, ‘cause he just don’t let ‘em go. So the DA already has one up on us, he’s got the judge. But I have a way to put Tupelo on a leash. You see, there’s one thing a judge fears, and that is having their verdicts or their decisions overturned by either an Appeals Court, or worse, the Supreme Court. Makes ‘em look bad. And I’ll be threatening him with that from the get-go.”
“I noticed they dropped some of the charges,” Tessa said. “Surely that’s a good sign.”
“No, not really,” Bodine rebutted. “The police always overdo it, then wait for the DA to choose which of them they’re gonna run with. In this case, it looks like they want to concentrate their case on the most serious charges, and it also shows their confidence in getting a conviction. If they weren’t, they would have kept all those charges hoping for at least some of them to stick.” He addressed Darfield. “Make no mistake about it, son, you’re going to end up doing time for something. If you get acquitted, they’re going to bring you up again on reckless endangerment, for sure. And that reminds me, if that’s what happens, we can rely on your PTSD as mitigating circumstances, but NOT, I repeat NOT for this case. The prosecution will no doubt bring that up, but for our part, we’re going to downplay that as much as possible.” Bodine cleared his throat, obviously dry from all this talking. “Now there’s one more thing before I go. This matter of isolation. My hunch is that they’re going to keep you in the same cell, but just add a bunkmate. And he’ll be the snitch. Do whatever you can to keep him away from you. They won’t put you in the regular bullpen, because there’s eight guys sharing a single area, and all eight would have to corroborate each other, you get me?” Bodine didn’t wait for an answer, “Otherwise I can call the others to the stand who would testify they didn’t hear shit. But if the State does what I just said, stick him in alone with you, it’s more work for me because without witnesses to contradict him, I’ll have to spend some effort at tearing up the little rat on the stand.”
Tessa sat upright and put both hands on the table. “What about this sequestering of the jury. I noticed you were quite upset.”
“First of all, we’re gonna be restricted when it comes to jury selection. Some of the most sympathetic won’t be able to do it, for example single mothers, those who might need medical monitoring, people who cannot be away for a long time… but what I’m really concerned about is that they’ll hasten deliberation, come to a judgment too quick ‘cause they’re fed up being treated like prisoners, which, mark my word, that’s how they’ll be treated. Now some of them may resent the State because of that, but some might feel some bond with the State because they’re the ones taking care of them. Remember, that in the trial proceedings the State goes first, they can take their time, but it’s gonna force us to rush a bit because by that time the jury members are getting unhappy living the way they’re living. If we want to go meticulously about our case, then the jury will blame us for taking too long and prolonging their suffering. Now, is there anything else before Emily and I take our leave?”
“When will you come back?” Darfield asked. “We’ll be back by the end of the week.”
WINNER OF 3 AWARDS
2019 AMERICAN FICTION AWARD
WINNER NATIONAL INDIE EXCELLENCE AWARD – Best legal thriller 2019
SILVER MEDAL 2019 READER’S FAVORITES AWARDS
Chosen by Wiki.ezvid.com among its list of 10 Gripping and Intelligent Legal Thrillers
When a homeless war veteran is beaten to death by the police, stormy protests ensue, engulfing a small New Jersey town. Soon after, three cops are gunned down. A multi-state manhunt is underway for a cop killer on the loose. And Dr. Tessa Thorpe, a veteran’s counselor, is caught up in the chase. Donald Darfield, an African-American Iraqi war vet, war-time buddy of the beaten man, and one of Tessa’s patients, is holed up in a mountain cabin. Tessa, acting on instinct, sets off to find him, but the swarm of law enforcement officers get there first, leading to Darfield’s dramatic capture. Now, the only people separating him from the lethal needle of state justice are Tessa and ageing blind lawyer, Nathaniel Bodine. Can they untangle the web tightening around Darfield in time, when the press and the justice system are baying for revenge? Justice Gone is the first in a series of psychological thrillers involving Dr Tessa Thorpe, wrapped in the divisive issues of modern American society including police brutality and disenfranchised returning war veterans. N Lombardi Jr. is the author of compelling and heartfelt novel The Plain of Jars.
About the author
N. Lombardi Jr, the N for Nicholas, has spent over half his life in Africa, Asia, and the Middle East, working as a groundwater geologist. Nick can speak five languages: Swahili, Thai, Lao, Chinese, and Khmer (Cambodian).
In 1997, while visiting Lao People’s Democratic Republic, he witnessed the remnants of a secret war that had been waged for nine years, among which were children wounded from leftover cluster bombs. Driven by what he saw, he worked on The Plain of Jars for the next eight years.
Nick maintains a website with content that spans most aspects of the novel: The Secret War, Laotian culture, Buddhism etc. http://plainofjars.net
His second novel, Journey Towards a Falling Sun, is set in the wild frontier of northern Kenya.
His latest novel, Justice Gone, was inspired by the fatal beating of a homeless man by police.
Nick now lives in Phnom Penh, Cambodia