Gray Mountain: A Novel Page 8

  “That’s a pretty fair analysis.”

  “And you’re starting Monday morning?”

  “You got it.”

  Marshall shook his head as he selected another slice of pizza. “I guess it beats Big Law on Wall Street.”

  “We’ll see.”

  Blythe was able to escape her firm for a quick lunch. They met in a crowded deli not far from her office and over salads managed to reach an agreement. Samantha would pay her share of the rent for the three months left on the lease, but beyond that she could not commit. Blythe was clinging to her job and slightly optimistic about not losing it. She wanted to keep the apartment but could not handle the full rent. Samantha assured her there was an excellent chance she would be back in the city in short order, doing something.

  Later in the afternoon, she met Izabelle for coffee and gossip. Izabelle’s bags were packed and she was on her way home, to Wilmington, to live with a sister who had a spare room in the basement. She would intern with a child advocacy group and scramble for real work. She was depressed and bitter and uncertain about her survival. When they hugged good-bye, both knew it would be a long time before they met again.

  Common sense told Samantha to lease a vehicle in the New York metropolitan area, load it up, and then head south. However, as she soon discovered while working the phone, any leased car would have New York license plates. She could probably find one in New Jersey, or maybe in Connecticut, but all three would be a red flag in Brady. She couldn’t get Romey off her mind. He was, after all, still at large, making his mischief.

  Instead, she loaded two suitcases and a large canvas bag with everything she deemed appropriate for where she was headed. A cab unloaded her at Penn Station. Five hours later, another cab collected her at Union Station in D.C. She and Karen ate carryout sushi in their pajamas and watched an old movie. Marshall was never mentioned.

  The Web site for Gasko Leasing over in Falls Church promised a wide selection of great used vehicles, convenient terms, paperwork that was virtually hassle-free, easy-to-buy insurance, complete customer satisfaction. Her knowledge of automobiles was limited, but something told her a domestic model might have less potential for causing trouble than something from, say, Japan. Browsing online, she saw a midsized 2004 Ford hatchback that looked suitable. On the phone, the salesman said it was still available, and, more important, he guaranteed her it would have Virginia tags. “Yes ma’am, front and back.” She took a cab to Falls Church, and met with Ernie, the salesman. Ernie was a flirt who talked far too much and observed very little. Had he been more astute, he would have realized how terrified Samantha was of the process of leasing a used car for twelve months.

  In fact, she had thought about calling her father for help, but let it pass. She convinced herself she was tough enough for this relatively unimportant task. After two long hours with Ernie, she finally drove away in a thoroughly unnoticeable Ford, one obviously owned by someone living in the Commonwealth of Virginia.

  8

  Orientation consisted of an 8:00 a.m. meeting with a new client. Fortunately for Samantha, who had no idea how to conduct such a meeting, Mattie assumed control. She whispered, “Just take notes, frown a lot, and try to look intelligent.” No problem—that was exactly how she had survived the first two years at Scully & Pershing.

  The client was Lady Purvis, a fortyish mother of three teenagers whose husband, Stocky, was currently in jail next door in Hopper County. Mattie did not ask if Lady was her real name; if important, that detail would emerge later. But, given her rustic appearance and salty language, it was difficult to imagine her parents officially naming her Lady. She had the look of a hard life earned somewhere deep in the hollows, and she became irritated when Mattie said she could not smoke in the office. Samantha, frowning, scribbled furiously and didn’t say a word. From the first sentence there was nothing but hard luck and misery. The family was living in a trailer, one with a mortgage, and they were behind on the payments; they were behind on everything. Her two oldest teenagers had dropped out of school to look for jobs that did not exist, not in Noland, Hopper, and Curry Counties. They were threatening to run away, somewhere out west where they could maybe find a paycheck picking oranges. Lady worked here and there, cleaning houses on the weekends, babysitting for five bucks an hour—anything, really, to make a dollar.

  Stocky’s crime: speeding. Which then led to an examination by the deputy of his driver’s license, which had expired two days earlier. His total fines and court costs were $175, money he did not have. Hopper County had contracted with a private outfit to strong-arm the money out of Stocky and other poor people unlucky enough to commit petty crimes and traffic offenses. If Stocky could have written the check, he would have done so and gone home. But because he was poor and broke, his case was handled differently. The judge ordered it to be administered by the crooks at Judicial Response Associates. Lady and Stocky met with a JRA operative the day they went to court, and he explained how the payment plan would work. His company tacked on fees—one called the Primary Fee at $75, one called the Monthly Service Fee at $35 per, and one at the end, assuming they ever got there, called the Termination Fee, a bargain at only $25. Court costs and a few other vague add-ons brought their total to $400. They figured they might be able to pay $50 a month, the minimum allowed by JRA; however, they soon realized that $35 of the $50 was gobbled up with the Monthly Service Fee. They tried to renegotiate, but JRA wouldn’t budge. After two payments, Stocky quit and that was when the serious trouble started. Two deputies came to their trailer after midnight and arrested Stocky. Lady protested, as did their oldest son, and the deputies threatened to zap them with their brand-new Tasers. When Stocky was dragged before the judge again, more fines and fees were added. The new total was $550. Stocky explained that he was broke and out of work, and the judge sent him back to jail. He’d been there for two months. Meanwhile, JRA was still tacking on its beloved monthly service charge, which for some mysterious reason had been increased to $45 per.

  “The longer he stays there the deeper we get,” Lady said, thoroughly defeated. In a small paper sack she had her paperwork, and Mattie began sorting through it. There were angry letters from the maker of the trailer who was also financing its purchase, and foreclosure notices, past-due utility bills, tax notices, court documents, and a stack of various papers from JRA. Mattie read them and handed them over to Samantha, who had no idea what to do except to make a list of all the misery.

  Lady finally broke and said, “I gotta smoke. Gimme five minutes.” Her hands were trembling.

  “Sure,” Mattie said. “Just step outside.”

  “Thanks.”

  “How many packs a day?”

  “Just two.”

  “What’s your brand?”

  “Charlie’s. I know I ought to quit, and I’ve tried, but it’s the only thing that settles my nerves.” She grabbed her purse and left the room. Mattie said, “Charlie’s is a favorite in Appalachia, a cheaper brand, though it’s still $4 a pack. That’s eight bucks a day, two-fifty a month, and I’ll bet Stocky smokes just as much. They’re probably spending $500 a month on cigarettes and who knows how much on beer. If there’s ever a spare dollar, they probably buy lottery tickets.”

  “That’s ridiculous,” Samantha said, relieved to finally say something. “Why? They could pay off his fines in one month and he’s out of jail.”

  “They don’t think that way. Smoking is an addiction, something they can’t simply walk away from.”

  “Okay, can I ask a question?”

  “Sure. I’ll bet you want to know how a person like Stocky can be thrown into a debtors’ prison, something this country outlawed about two hundred years ago. Right?”

  Samantha slowly nodded. Mattie continued, “More than likely, you’re also certain that throwing someone in jail because he cannot pay a fine or a fee violates the Equal Protection Clause of the Fourteenth Amendment. And, you are no doubt familiar with the 1983 Supreme Court decision, the name es
capes me right now, in which the Court ruled that before a person can be thrown in jail for not paying a fine it must be proven that he or she was willfully not paying. In other words, he could pay but he refused. All this and more, right?”

  “That’s a nice summary.”

  “It’s happening everywhere. JRA hustles the misdemeanor courts in a dozen southern states. On the average, local governments collect about 30 percent of their fine monies. JRA rolls in and promises 70 percent, at no taxpayer expense. They claim it’s all funded by the folks like Stocky who get sucked into the scam. Every city and county needs money, so they sign up with JRA and the courts hand over the cases. The victims are placed on probation and when they can’t pay, they get thrown in jail, where of course the taxpayers start picking up the expenses again. They’re spending $30 a day to feed and house Stocky.”

  “This can’t be legal.”

  “It’s legal because it’s not specifically illegal. They are poor people, Samantha, at the bottom of the pile, and down here the laws are different. That’s why we’re in business, so to speak.”

  “This is awful.”

  “It is, and it can get worse. As a delinquent probationer, Stocky might be excluded from food stamps, housing assistance, a driver’s license, hell, in some states they might take away his right to vote, assuming he’s ever bothered to register.”

  Lady was back, reeking of tobacco smoke and still just as jumpy. They plowed through the rest of her unpaid bills. “Is there any way you can help me?” she said, her eyes moist.

  “Of course,” Mattie said with far too much optimism. “I’ve had some success negotiating with JRA. They’re not accustomed to lawyers getting involved, and for such tough guys, they’re easy to bully. They know they’re wrong and they’re afraid someone might bust them. I know the judge over there and by now they’re tired of feeding Stocky. We can get him out and get him back to work. Then we’ll probably consider a bankruptcy to save the home and wipe out some of these bills. I’ll haggle with the utility companies.” She clicked off these bold moves as if they had already been accomplished, and Samantha suddenly felt better. Lady managed a smile, the first and only.

  Mattie said, “Give us a couple of days and we’ll put together a plan. Feel free to call Samantha here if you have any questions. She’ll know everything about your case.” The intern’s heart skipped a beat as she heard her name mentioned. At the moment, she felt as though she knew nothing about anything.

  “So we have two lawyers?” Lady asked.

  “You certainly do.”

  “And you are, uh, free?”

  “That’s right, Lady. We are legal aid. We do not charge for our services.”

  Lady covered her eyes with both hands and began crying.

  Samantha had not recovered from the first client meeting when she was called in to her second. Annette Brevard, the “junior partner” at Mountain Legal Aid Clinic, thought it would be educational for their new intern to get a real taste of domestic violence.

  Annette was a divorced mother of two who had been in Brady for ten years. She had once lived in Richmond and practiced law in a midsized firm until a bad divorce sent her packing. She escaped to Brady with her children and took a job with Mattie because there was nothing else available in the Commonwealth. She certainly had no plans to stay in Brady, but then who’s smart enough to plan the rest of their life? She lived in an old house downtown. Behind her house was a separate garage. Above the garage was a two-room apartment, Samantha’s home for the next few months. Annette decided that if the internship was free, then so was the rent. They had haggled over this, but Annette was adamant. Samantha had no other viable option and moved in with promises of free babysitting. She was even allowed to park her hatchback in the garage.

  The client was a thirty-six-year-old woman named Phoebe. She was married to Randy, and they had just gone through a bad weekend. Randy was in jail about six blocks away (the same jail Samantha had narrowly avoided) and Phoebe was sitting in a lawyer’s office with a swollen left eye, a cut on her nose, and terror in her eyes. With compassion and feeling, Annette walked Phoebe through her story. Again, Samantha frowned intelligently without making a sound, took pages of notes, and wondered how many crazy people lived in those parts.

  With a voice so calm it soothed even Samantha, Annette prodded Phoebe along. There were a lot of tears and emotion. Randy was a meth addict and dealer, also a drunk who’d been beating her for a year and a half. He never hit her as long as her father was alive—Randy was terrified of him—but after he died two years ago the physical abuse started. He threatened to kill her all the time. Yes, she used meth too, but she was careful and certainly not an addict. They had three kids, all under the age of ten. Her second marriage, his third. Randy was forty-two, older, and had a lot of rough friends in the meth business. She was afraid of these people. They had cash and they would arrange for his bail any moment now. Once free, Randy would almost certainly track her down. He was furious that she had finally called the police and had him arrested. But he knew the sheriff well and they wouldn’t keep him in jail. He would beat her until she dropped the assault charges. She went through a pile of tissues as she sobbed her way through the story.

  Occasionally, Samantha would scribble important questions such as “Where am I?” And “What am I doing here?”

  Phoebe was afraid to go back to their rented home. Her three children were being hidden by an aunt in Kentucky. She was told by a deputy that Randy was scheduled to be in court sometime on Monday. He could even be there right now getting his bond set by the judge, and once it’s set his buddies will plop down the cash and he’ll walk. “You gotta help me,” Phoebe said over and over. “He’ll kill me.”

  “No he won’t,” Annette said with an odd sense of confidence. Judging from Phoebe’s tears, looks of fear, and body language, Samantha agreed with her and suspected Randy might show up any moment and start trouble. Annette, though, seemed perfectly unbothered by that possibility.

  She’s been here before a hundred times, Samantha thought.

  Annette said, “Samantha, go online and check the court docket.” She rattled off the Web site for Noland County’s government listings, and the intern was quick to open her laptop, start the search, and for a moment ignore Phoebe and her emotions.

  “I have to get a divorce,” Phoebe was saying. “There’s no way I’ll go back there.”

  “Okay, we’ll file for divorce tomorrow and get an injunction to keep him away from you.”

  “What’s an injunction?”

  “It’s an order from the court, and if he violates it he’ll really anger the judge, who’ll throw him back in jail.”

  This made her smile, but just for a second. She said, “I gotta leave town. I can’t stay here. He’ll get stoned again and forget the injunction and the judge and come after me. They gotta keep him locked up for a while. Can they do that?”

  “What’s he charged with, Samantha?” Annette asked.

  “Malicious wounding,” she said just as she found the case online. “Due in court this afternoon at 1:00. No bail has been set.”

  “Malicious wounding? What did he hit you with?”

  The tears poured instantly and Phoebe wiped her cheeks with the back of her hand. “He had a gun, a pistol we keep in a drawer in the kitchen, unloaded because of the kids, but the bullets are on top of the refrigerator, just in case, you know. We were fighting and yelling and he pulled out the pistol like he was about to load it and I suppose finish me off. I tried to grab it and he hit me on the side of the head with the butt of it. Then it dropped to the floor and he slapped me around with his hands. I got out of the house, ran next door, and called the cops.”

  Annette calmly raised a hand to stop her. “That’s the malicious part—the use of a weapon.” She looked at Phoebe and Samantha as she said this, to enlighten both of them. “In Virginia, the sentence can be from five to twenty years, depending on the circumstances—weapon, injury, etc.” Samant
ha was once again taking furious notes. She had heard some of this in law school, so many years ago.

  Annette continued, “Now, Phoebe, we can expect your husband to say that you went for the gun first, that you hit him and so on, and he might even try to press charges against you. How would you respond to this?”

  “This guy is eight inches taller and a hundred pounds heavier. No one in their right mind would believe I picked a fight with him. The cops, if they tell the truth, will say he was drunk and out of his mind. He even wrestled with them until they Tasered his big ass.”

  Annette smiled, satisfied. She glanced at her watch, opened a file, and removed some paperwork. “I have to make a phone call in five minutes. Samantha, this is our divorce questionnaire. It’s pretty straightforward. Go through it with Phoebe and gather all the information you can. I’ll be back in half an hour.”

  Samantha took the questionnaire as if she had handled dozens of them.

  An hour later, alone and safe in her own makeshift office, Samantha closed her eyes and breathed deeply. The office appeared to be a former storage room, tiny and cramped with two unbalanced chairs and a round table with a vinyl covering. Mattie and Annette had apologized and promised an upgrade at some point in the future. One wall was dominated by a large window that looked out over the rear parking lot. Samantha was thankful for the light.

  As small as it was, her space in New York had not been much larger. Against her wishes, her thoughts stayed on New York, the big firm and all its promises and horrors. She smiled when she realized she was not on the clock; gone was the unrelenting pressure to bill more hours, to make more money for the big boys at the top, to impress them with the goal of one day becoming just like them. She glanced at her watch. It was 11:00 and she had not billed a single minute, nor would she. The ancient phone rattled and she had no choice but to pick it up. “There’s a call on line two,” Barb said.