The primary aim of the "Novel Excerpts" blog category is to showcase my creative writing, specifically from the novels I've written. Hopefully, these posts will provide a glimpse into my storytelling style, themes, and narrative skills. It's an opportunity to share my artistic expressions and the worlds I've created through my novels.
The Boaz Scorekeeper, written in 2017, is my second novel. I'll post it a chapter a day over the next few weeks.
I hadn’t spoken to Greg Gambol, my first boss out of law school, in five years. In 2012, he was still a practicing criminal defense lawyer in Atlanta. The world-famous criminal defense attorney Gerry Spence, of The Trial Lawyer’s College, had chosen Greg to serve as an instructor at the annual Capital Defense workshop that is held every July at Thunderhead Ranch outside Dubois, Wyoming, 100 miles or so from Jackson Hole. Like Greg, I also attended this 2012 workshop.
Gerry had represented many high-profile clients. He gained international notoriety in the Karen Silkwood case. As to Karen, I could nearly quote the back cover from Gerry’s book: “Karen Silkwood was a chemical technician at the Kerr-McGee plutonium-production plant, where she became an activist and vocal critic of plant safety, as what would now be known as a whistleblower. On November 13, 1974, Silkwood died in a one-car crash under suspicious circumstances after reportedly gathering evidence for her union. Spence represented Silkwood’s father and children, who charged that Kerr-McGee was responsible for exposing Silkwood to dangerous levels of radiation. Spence won a $10.5 million verdict for the family.”
Gerry never lost a criminal case that was presented to a jury. Ruby Ridge is included among Gerry’s many high-profile cases. My memory from another of Gerry’s books: “Spence successfully defended Randy Weaver on murder, assault, conspiracy, and gun charges in the Ruby Ridge, Idaho, federal standoff case, by successfully impugning the conduct of the FBI and its crime lab. Spence never called a witness for the defense. He relied only on contradictions and holes in the prosecution’s story.”
Other high-profile cases were Gerry’s acquittal of former Filipino First Lady Imelda Marcos in New York City on federal racketeering charges, and a 2008 acquittal of Detroit lawyer Geoffrey Fieger, who was charged with making unlawful campaign contributions. Before returning a not guilty verdict, the federal court jury deliberated 18 hours over four days.
I had spent a month at the College in 2007 learning Gerry’s criminal defense philosophy. Its purpose is to show you how to “become a real person.” It describes how “only then can you crawl into the skin of your client, your witness, the DA, even the judge.” Gerry taught that the more an attorney understood himself, the deeper he could understand clients, opposing counsel, judges and, ultimately, the jurors. Psychodrama was the key tool the College taught its students. Gerry describes psychodrama as “an archaeological dig of the soul.” During the month I spent in Wyoming’s open air and endless sky at the peaceful and secluded ranch, I took time for myself, enabling me to self-reflect.
In 2012, I had returned to the ranch and the Trial College for a graduate course in capital defense, one that focused on Voir Dire, Opening Statement, Direct and Cross Exam, and Closing Argument. There I learned a lot more about how psychodrama worked and discovered how to identify the real and compelling story of my cases that hopefully helped resonate with my jurors. Greg had led several of the sessions. This two-week course also gave me an opportunity to connect with Greg more than I ever had during the 17 years we worked together in Atlanta. Nearly every day, after an early breakfast, we walked the unpaved roads up towards either the Absaroka or Wind River mountains, or sat together beside either the East Fork or Bear Creek river that flowed through the ranch. And, at night, after the last session of the day, we sat with other lawyers around the infamous fire ring that had spun much folklore of Gerry and the College.
The two attorneys that I thought embodied more of Gerry Spence’s traits than any other lawyer I had ever known were Greg Gambol and my own law partner and criminal defense attorney Matt Bearden. Today, I would meet with both these fine lawyers.
On Tuesday, and after Matt had met with the DA and learned that he was in no mood to lock down a full waiver of his right to pursue the death penalty against me, Matt had called Greg and someway motivated him to drive up from Birmingham. Even though it was Friday, only four days after my arrest, Greg ignored his hectic schedule and was on his way to Gadsden, Alabama.
In 2014, Greg, at 82, had switched sides, as lawyers like to label it. He gave up defending those accused of a crime and began prosecuting federal crimes. At the time, I thought it a rather odd move for Greg but after learning that his father had made a career with the U.S. Department of Justice it made a little more sense. Greg was appointed U.S. Attorney for the Northern District of Alabama in 2015. I had spoken to him by phone shortly after Gina uncovered Club Eden’s sexual trafficking activity. He had quickly solicited the help of the FBI and it quickly ordered two of its Special Agents to Boaz to spy on the four police officers that were involved.
At 1:30 p.m., I was already sitting in Interrogation Four when Matt and Greg walked in. I reached out to shake his hand as he brushed it aside pulling me in for a bear hug. After a few minutes of pleasantries over our families, Greg said the information that Gina had secured and that Matt had shared was persuasive and was already feeding his and the FBI’s investigation.
“Micaden, you know that I cannot be directly involved in your case here in Etowah County, but I trust that if we are able to bring a case against James Adams and Wade Tillman, maybe others, that such federal prosecution will have an indirect affect upon your case. Nothing would be better than for both James and Wade to be convicted in federal court before your case comes to trial. You could then use their felony convictions to impugn their credibility in your case. I’m not telling you anything you don’t know of course but I would bet that neither of them will give testimony in your case. They will both plead the Fifth.” Greg said.
“Here’s a thought. What if James and Wade had strong motivation to testify in Micaden’s case?” Matt said.
“Right now, I don’t see that happening. I feel I know for sure they will not testify in my federal case, again, assuming the U.S. Attorney’s office is able to get an indictment against them. Further, if we can obtain convictions for kidnapping for committing sexual crimes, the Judge is required to impose a life sentence with the possibility of parole.” Greg said.
“Is there any feasible way to charge James and Wade with a federal crime that carries the death penalty?” Matt asked.
“The crime would have to be for treason, terrorism, espionage, federal murder, or large-scale drug trafficking.” Greg said.
“Seems like the only possibility would be for terrorism, but that might be a stretch. What is the federal definition for terrorism?” Matt asked.
Greg was unable to quote the definition but pulled from his briefcase a copy of the Federal Criminal Code. After five minutes of flipping between sections and scanning, he said, “terrorism is ‘the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.’”
“To me that sounds a lot like what Club Eden has done for years against Hispanics in Boaz. When Boaz Poultry sold out to Platinum Foods, it spawned an unprecedented growth in Hispanics. Club Eden created its own plan to discourage them from living in Boaz. The four officers it hired started targeting Hispanics, stopping their vehicles with a pretextual reason. Later, the Club directed the officers to start planting illegal drugs and alcohol. When these tactics didn’t work to the degree the Club wanted, it struck a deal with the Russian mob to start furnishing it with pretty Hispanic girls. But, underlying all of this is the Club’s hatred of Hispanics and its willingness to use force or violence to, what does the code say?” Matt asked.
“To intimidate or coerce a segment of the civilian population. My paraphrase.” Greg said.
“So, if you and the DA were to agree to waive the death penalty on both the federal and state levels in exchange for James and Wade’s testimony in Micaden’s trial admitting they had abducted and murdered Gina, they might have the needed motivation?” Matt asked.
“Yes, but that is a long shot. We would have to obtain an indictment for the terrorism case, and that will necessarily involve many more defendants than just Wade and James.” Greg said.
“Therein may be another strong dose of motivation for Mr. James and Mr. Wade. What if the Flaming Five fathers all were indicted? You know that since they are also Club members, they had to be involved in this whole scheme.” Matt said.
“It’s at least something to consider.”
Matt and Greg spent the next hour with me reviewing, at least in summary version, all the evidence the DA had against me and the evidence we had on my behalf. We all agreed our case could possibly hinge on evidence that sure appeared problematic from an admissibility standpoint.
Greg had to be in Birmingham by 4:15 p.m., so he left a little before 3:00. I told him how much I appreciated him coming and I would do everything I could to help him make his federal cases.
After Greg left, Matt and I sat in silence with me pondering the best approach to my Preliminary Hearing which was set for Monday the 27th. I’m not sure what Matt was thinking during my silence, but around 3:35 he said, “we must find a way to show Gina made two phone calls to you on Saturday morning, where these calls originated, and where Gina’s phone was located when it went silent. That should be at the Club Eden cabin when James and Wade opened the trunk of James’ car and saw Gina on the phone.”
“Matt, I’m thankful once again for your help. I am so sorry to put such a burden on you at this late stage of your career.” I said.
“It’s something to do.” Matt said.
That was always his default response no matter how overloaded he was. Matt then gave me a hug while tapping on the window for the deputies to let him out of Interrogation Four.
Friday night was another long night but I did have something positive to think about. Karla and Kaden were coming to see me tomorrow morning. For that, I was thankful.