The Guardians Read online

His name is Mark Carter. White male, age thirty-three, lives in a small rental house in the town of Bayliss, ten miles from Verona. In my files I have photos of his house and truck and current live-in girlfriend. Eleven years ago, Carter raped and murdered Emily Broone, and now all I have to do is prove it.

  Using a burner, I call the number of his cell phone, a number I’m not supposed to have. After five rings he says, “Hello.”

  “Is this Mark Carter?”

  “Who wants to know?”

  “You don’t know me, Carter, but I’m calling from the prison. Duke Russell just got a stay, so I’m sorry to inform you that the case is still alive. Are you watching television?”

  “Who is this?”

  “I’m sure you’re watching the TV, Carter, sitting there on your fat ass with your fat girlfriend hoping and praying that the State finally kills Duke for your crime. You’re a scumbag Carter, willing to watch him die for something you did. What a coward.”

  “Say it to my face.”

  “Oh, I will Carter, one day in a courtroom. I’ll find the evidence and before long Duke will get out. You’ll take his place. I’m coming your way, Carter.”

  I end the call before he can say anything else.

  2

  Since gas is slightly cheaper than cheap motels, I spend a lot of time driving lonely roads at dark hours. As always, I tell myself that I will sleep later, as if a long hibernation is waiting just around the corner. The truth is that I nap a lot but rarely sleep and this is unlikely to change. I have saddled myself with the burdens of innocent people rotting away in prison while rapists and murderers roam free.

  Duke Russell was convicted in a backwater redneck town where half the jurors struggle to read and all were easily misled by two pompous and bogus experts put on the stand by Chad Falwright. The first was a retired small-town dentist from Wyoming, and how he found his way to Verona, Alabama, is another story. With grave authority, a nice suit, and an impressive vocabulary, he testified that three nicks on the arms of Emily Broone were inflicted by Duke’s teeth. This clown makes a living testifying across the country, always for the prosecution and always for nice fees, and in his twisted mind a rape is not violent enough unless the rapist somehow manages to bite the victim hard enough to leave imprints.

  Such an unfounded and ridiculous theory should have been exposed on cross-examination, but Duke’s lawyer was either drunk or napping.

  The second expert was from the state crime lab. His area of expertise was, and still is, hair analysis. Seven pubic hairs were found on Emily’s body, and this guy convinced the jury that they came from Duke. They did not. They probably came from Mark Carter but we don’t know that. Yet. The local yokels in charge of the investigation had only a passing interest in Carter as a suspect, though he was the last person seen with Emily the night she disappeared.

  Bite mark and hair analysis have been discredited in most advanced jurisdictions. Both belong to that pathetic and ever-shifting field of knowledge derisively known among defense and innocence lawyers as “junk science.” God only knows how many innocent people are serving long sentences because of unqualified experts and their unfounded theories of guilt.

  Any defense lawyer worth his salt would have had a fine time with those two experts on cross-examination, but Duke’s lawyer was not worth the $3,000 the State paid him. Indeed, he was worth nothing. He had little criminal experience, reeked of alcohol during the trial, was woefully unprepared, believed his client was guilty, got three DUIs the year after the trial, got disbarred, and eventually died of cirrhosis.

  And I’m supposed to pick up the pieces and find justice.

  But no one drafted me into this case. As always, I’m a volunteer.

  I’m on the interstate headed toward Montgomery, two and a half hours away, and I have time to plot and scheme. If I stopped at a motel I wouldn’t be able to sleep anyway. I’m too pumped over the last-minute miracle that I just pulled out of thin air. I send a text to the law clerk in Atlanta and say thanks. I send a text to my boss who, hopefully, is asleep by now.

  Her name is Vicki Gourley and she works in our little foundation’s office in the old section of Savannah. She founded Guardian Ministries twelve years ago with her own money. Vicki is a devout Christian who considers her work to be derived straight from the Gospels. Jesus said to remember the prisoners. She doesn’t spend much time hanging around jails but she works fifteen hours a day trying to free the innocent. Years ago she was on a jury that convicted a young man of murder and sentenced him to die. Two years later the bad conviction was exposed. The prosecutor had concealed exculpatory evidence and solicited perjured testimony from a jailhouse snitch. The police had planted evidence and lied to the jury. When the real killer was identified by DNA, Vicki sold her flooring business to her nephews, took the money and started Guardian Ministries.

  I was her first employee. Now we have one more.

  We also have a freelancer named Francois Tatum. He’s a forty-five-year-old black guy who realized as a teenager that life in rural Georgia might be easier if he called himself Frankie and not Francois. Seems his mother had some Haitian blood and gave her kids French names, none of which were common in her remote corner of the English-speaking world.

  Frankie was my first exoneree. He was serving life in Georgia for someone else’s murder when I met him. At the time, I was working as an Episcopal priest at a small church in Savannah. We ran a prison ministry and that’s how I met Frankie. He was obsessed with his innocence and talked of nothing else. He was bright and extremely well-read, and had taught himself the law inside and out. After two visits he had me convinced.

  During the first phase of my legal career I defended people who could not afford a lawyer. I had hundreds of clients and before long I reached the point where I assumed they were all guilty. I had never stopped for a moment to consider the plight of the wrongfully convicted. Frankie changed all that. I plunged into an investigation of his case and soon realized I might be able to prove his innocence. Then I met Vicki and she offered me a job that paid even less than my pastoral work. Still does.

  So Francois Tatum became the first client signed up by Guardian Ministries. After fourteen years in prison he had been completely abandoned by his family. All his friends were gone. The aforementioned mother had dumped him and his siblings at the doorstep of an aunt and was never seen again. He’s never known his father. When I met him in prison I was his first visitor in twelve years. All of this neglect sounds terrible, but there was a silver lining. Once freed and fully exonerated, Frankie got a lot of money from the State of Georgia and the locals who had put him away. And with no family or friends to hound him for cash, he managed to ease into freedom like a ghost with no trail. He keeps a small apartment in Atlanta, a post office box in Chattanooga, and spends most of his time on the road savoring the open spaces. His money is buried in various banks throughout the South so no one can find it. He avoids relationships because he has been scarred by all of them. That, and he’s always fearful that someone will try to get in his pockets.

  Frankie trusts me and no one else. When his lawsuits were settled, he offered me a generous fee. I said no. He’d earned every dime of that money surviving prison. When I signed on with Guardian I took a vow of poverty. If my clients can survive on two bucks a day for food, the least I can do is cut every corner.

  East of Montgomery, I pull into a truck stop near Tuskegee. It’s still dark, not yet 6:00 a.m., and the sprawling gravel lot is packed with big rigs purring away while their drivers either nap or get breakfast. The café is busy and the thick aroma of bacon and sausage hits me hard as I enter. Someone waves from the rear. Frankie has secured a booth.

  Since we are in rural Alabama, we greet each other with a proper handshake, as opposed to a man hug we might otherwise consider. Two men, one black and the other white, hugging in a crowded truck stop might attract a look or tw
o, not that we really care. Frankie has more money than all these guys combined, and he’s still lean and quick from his prison days. He doesn’t start fights. He simply has the air and confidence to discourage them.

  “Congrats,” he says. “That was pretty close.”

  “Duke had just started his last meal when the call came. Had to eat in a hurry.”

  “But you seemed confident.”

  “I was faking, the old tough lawyer routine. Inside, my guts were boiling.”

  “Speaking of which. I’m sure you’re starving.”

  “Yes, I am. I called Carter as I left the prison. Couldn’t help myself.”

  He frowns slightly and says, “Okay. I’m sure there was a reason.”

  “Not a good one. I was just too pissed not to. The guy was sitting there counting the minutes until Duke got the needle. Can you imagine what that’s like, being the real killer and silently cheering from the sideline as somebody else is executed? We gotta nail him, Frankie.”

  “We will.”

  A waitress appears and I order eggs and coffee. Frankie wants pancakes and sausage.

  He knows as much about my cases as I do. He reads every file, memo, report, and trial transcript. Fun for Frankie is easing into a place like Verona, Alabama, where no one has ever seen him, and digging for information. He’s fearless but he never takes chances because he is not going to get caught. His new life is too good, his freedom especially valuable because he suffered so long without it.

  “We have to get Carter’s DNA,” I say. “One way or the other.”

  “I know, I know. I’m working on it. You need some rest, boss.”

  “Don’t I always? And, as we well know, being the lawyer I can’t obtain his DNA by illegal means.”

  “But I can, right?” He smiles and sips his coffee. The waitress delivers mine and fills the cup.

  “Maybe. Let’s discuss it later. For the next few weeks, he’ll be spooked because of my call. Good for him. He’ll make a mistake at some point and we’ll be there.”

  “Where are you headed now?”

  “Savannah. I’ll be there for a couple of days, then head to Florida.”

  “Florida. Seabrook?”

  “Yes, Seabrook. I’ve decided to take the case.”

  Frankie’s face never reveals much. His eyes seldom blink, his voice is steady and flat as if he’s measuring every word. Survival in prison required a poker face. Long stretches of solitude were common. “Are you sure?” he asks. It’s obvious he has doubts about Seabrook.

  “The guy is innocent, Frankie. And he has no lawyer.”

  The platters arrive and we busy ourselves with butter, syrup, and hot sauce. The Seabrook case has been in our office for almost three years as we, the staff, have debated whether or not to get involved. That’s not unusual in our business. Not surprisingly, Guardian is inundated with mail from inmates in fifty states, all claiming to be innocent. The vast majority are not, so we screen and screen and pick and choose with care, and take only those with the strongest claims of innocence. And we still make mistakes.

  Frankie says, “That could be a pretty dangerous situation down there.”

  “I know. We’ve kicked this around for a long time. Meanwhile he’s counting his days, serving someone else’s time.”

  He chews on pancakes and nods slightly, still unconvinced.

  I ask, “When have we ever run from a good fight, Frankie?”

  “Maybe this is the time to take a pass. You decline cases every day, right? Maybe this is more dangerous than all the others. God knows you have enough potential clients out there.”

  “Are you getting soft?”

  “No. I just don’t want to see you hurt. No one ever sees me, Cullen. I live and work in the shadows. But your name is on the pleadings. You start digging around in an awful place like Seabrook and you could upset some nasty characters.”

  I smile and say, “All the more reason to do it.”

  * * *

  —

  THE SUN IS up when we leave the café. In the parking lot we do a proper man hug and say farewell. I have no idea which direction he is headed, and that’s the beautiful thing about Frankie. He wakes up free every morning, thanks God for his good fortune, gets in his late-model pickup truck with a club cab, and follows the sun.

  His freedom invigorates me and keeps me going. If not for Guardian Ministries, he would still be rotting away.

  3

  There is no direct route between Opelika, Alabama, and Savannah. I leave the interstate and begin meandering through central Georgia on two-lane roads that get busier with the morning. I’ve been here before. In the past ten years I’ve roamed virtually every highway throughout the Death Belt, from North Carolina to Texas. Once I almost took a case in California, but Vicki nixed it. I don’t like airports and Guardian couldn’t afford to fly me back and forth. So I drive for long stretches of time, with lots of black coffee and books on tape. And I alternate between periods of deep, quiet thought and frantic bouts with the phone.

  In a small town, I pass the county courthouse and watch three young lawyers in their best suits hustle into the building, no doubt headed for an important matter. That could have been me, not too long ago.

  I was thirty years old when I quit the law for the first time, and for a good reason.

  * * *

  —

  THAT MORNING BEGAN with the sickening news that two sixteen-year-old white kids had been found dead with their throats cut. Both had been sexually mutilated. Evidently they were parked in a remote section of the county when they were jumped by a group of black teenagers who took their car. Hours later the car was found. Someone inside the gang was talking. Arrests were being made. Details were being reported.

  Such was the standard fare for early morning news in Memphis. Last night’s violence was reported to a jaded audience who lived with the great question: “How much more can we take?” However, even for Memphis this news was shocking.

  Brooke and I watched it in bed with our first cups of coffee, as usual. After the first report, I mumbled, “This could be awful.”

  “It is awful,” she corrected me.

  “You know what I mean.”

  “Will you get one of them?”

  “Start praying now,” I said. By the time I stepped into the shower I was feeling ill and scheming of ways to avoid the office. I had no appetite and skipped breakfast. On the way out, the phone rang. My supervisor told me to hurry. I kissed Brooke goodbye and said, “Wish me luck. This will be a long day.”

  The office of the public defender is downtown in the Criminal Justice Complex. When I walked in at eight o’clock the place was like a morgue. Everyone seemed to be cowering in their offices and trying to avoid eye contact. Minutes later, our supervisor called us into a conference room. There were six of us in Major Crimes, and since we worked in Memphis we had plenty of clients. At thirty, I was the youngest, and as I looked around the room I knew my number was about to be called.

  Our boss said, “There appear to be five of them, all now locked up. Ages fifteen to seventeen. Two agreed to talk. Seems they found the kids in the back seat of the boy’s car, having a go at it. Four of the five defendants are aspiring gang members, Ravens, and to be properly inducted one has to rape a white girl. One with blond hair. Crissy Spangler was a blonde. The leader, one Lamar Robinson, gave the orders. The boy, Will Foster, was tied to a tree and made to watch as they took turns with Crissy. When he wouldn’t shut up, they mutilated him and cut his throat. Photos are on the way over from Memphis Police.”

  The six of us stood in muted horror as reality set in. I glanced at a window with a latch. Jumping headfirst onto the parking lot seemed like a reasonable thing to do.

  He continued, “They took Will’s car, ran a red light on South Third, smart boys. The police stopped three o
f them, noticed blood, and brought them in. Two started talking and gave the details. They claimed the others did it but their confessions implicate all five. Autopsies are underway this morning. Needless to say, we are involved up to our ears. Initial appearances are set for two this afternoon and it is going to be a circus. Reporters are everywhere and details are leaking out like crazy.”

  I inched closer to the window. I heard him say, “Post, you’ve got a fifteen-year-old named Terrence Lattimore. As far as we know, he hasn’t said anything.”

  When the other assignments were made, the supervisor said, “Get to the jail right now and meet your new clients. Inform the police that they are not to be interrogated outside your presence. These are gang members and they will probably not cooperate, not this early anyway.”

  When he finished, he looked at each of us, the unlucky ones, and said, “I’m sorry.”

  An hour later I was walking through the entrance to the city jail when someone, probably a reporter, yelled, “Do you represent one of these murderers?”

  I pretended to ignore her and kept walking.

  When I entered the small holding room, Terrence Lattimore was cuffed at the wrists and ankles and chained to a metal chair. When we were alone I explained that I had been assigned his case and needed to ask some questions, just basic stuff for starters. I got nothing but a smirk and a glare. He may have been only fifteen years old, but he was a tough kid who had seen it all. Battle-hardened in the ways of gangs, drugs, and violence. He hated me and everyone else with white skin. He said he didn’t have an address and told me to stay away from his family. His rap sheet included two school expulsions and four charges in juvenile court, all involving violence.

  By noon I was ready to resign and go look for another job. When I joined the PD’s office three years earlier I did so only when I couldn’t find work with a firm. And after three years of toiling in the gutter of our criminal justice system, I was asking myself serious questions about why I had chosen law school. I really couldn’t remember. My career brought me into daily contact with people I wouldn’t get near outside of court.