Jail Cell Love Affair - 13. A New Friend and Another Trip to Rosharon

Another day, another review of the four other cases. This time, Fred had a different focus. Rather than reviewing the legal aspects, Fred focused on Silas' notes. He was hoping to find some clue that Silas at least thought they were gay. Fred understood why none of them said anything when he visited them at Rosharon. If Fred didn't have Mo's protection and he didn't hide being gay, he would have been sucking dicks all day, every day. Granted, when you loved the person, the dick was connected to, that wouldn't be so bad.

He was halfway through one of the arson case notes when there was a knock on the door. He'd been talking to himself a lot, so Dante had closed it.

"Come in."

Sebastian and Leslie came into the office. After greeting Fred, Sebastian got right to the point.

"I know you're going over your other client's files, but since you have a pause in Wallingford's appeal, I was wondering if you could work with Leslie on the defense for one of her paying clients."

"Sure. Whatever you need. I can understand that paying clients rank higher than PD favors."

"Well, that's partially true. James Grayson is facing a long sentence for drug charges, and your guys are already in prison, not going anywhere, and you haven't made a lot of progress on potential appeals. Not that you haven't been trying. But Grayson is a pretrial case."

"Understood."

"Great. Talk to you later."

Fred and Leslie spent most of the next two days on the Grayson case. Fred decided to take the case files home for the arson he started looking into deeper that morning. Bily Mannon seemed like the one that had the greatest chance of an appeal, from what he'd read so far.

Fred went over Kyle's for dinner on Saturday. Jerry was twenty-six, almost two years younger than Fred. He seemed like a nice guy, and like Kyle had indicated, wasn't specifically looking for a partner. Not that he wouldn't consider Fred as an option, he really did just need a friend right now.

After dinner, Jerry and Fred went out to a gay bar in the area. They had no intention to pick anyone up, but Jerry wanted to go out and do anything with somebody. He desperately needed companionship.

Fred asked, "So, Kyle tells me you were abandoned by your friends when you came out. How long have you been out?"

Jerry shrugged, "About a year now. Yeah, they couldn't get away from me fast enough."

"I hear that. I came out after I graduated law school. Dad and my brother practically pretended I died. Mom was okay, but Dad pressured her to ignore me. I had a couple friends, but like you, they hit the streets. My last boyfriend was murdered. So, I'm a lot like you - flying solo in the world."

Jerry frowned, "Sorry about your boyfriend. Having him die would have been hard enough, murdered? That had to be brutal."

"It was worse than that. I was arrested for the murder, charged, convicted, and finally exonerated."

Jerry's jaw dropped, "Holy fuck! Brutal doesn't even come close. Man, I'm sorry."

"Thanks. That's all in the rear-view mirror now. I'm moving on. I met someone in prison, who just happens to be one of my clients now, that I'm hoping will keep growing into something."

"Wow. How long are you going to have to wait for him?"

Fred shrugged, "Hard to say. Fifteen years if the appeal fails, maybe a few months if it's successful."

"Good luck with the appeal then."

"Thanks. I think we have a pretty good chance. I meet with the Appellate Court next Monday. Fingers crossed."

They continued talking for another two hours. Occasionally getting a refill on their drinks, and constantly ignoring the looks they were getting from the other patrons. Twice they had to turn away slightly more serious advances.

On Monday, Fred felt they made good enough progress on Leslie's case to take the afternoon to go to Rosharon again and talk to his other four clients. Leslie had a few things to track down that Fred couldn't really help with. Bily was first on the agenda. Steve Parker, Paul Adams, and Bruce Lewis were probably long-shots. But if they were all gay, that could be an important link between their cases. So, he had to ask.

Bily was brought into the visitor's room.

"Hi Fred. I'm surprised to see you again so soon. Do you have some news?"

"Not exactly. But I'm working an angle on all of Silas' open cases that might bear some fruit. Plus, I think I found at least one point that might be worthy of an appeal."

"That's great. But you know I'm guilty, right?"

"Sure, but that still doesn't mean I should give up on you. If I can get you a reduction of your sentence, that would be a good thing, right?"

"Yeah. Okay. It's just that Silas always told me it was hopeless."

Fred leaned in and spoke quietly, "Silas was hopeless. But there might be a reason for that. I need you to be honest with me, so I'm going to tell you something about me that you normally wouldn't need to know. I'm gay, and I need to know if you are too. It's looking like Silas had a real problem with gay people, and he may have done only as much as he needed to in working your case if you are. Remember, anything you tell me is privileged information. I can't say anything."

Bily looked at Fred for a long time, trying to figure out if he was being honest. After looking around to ensure nobody was close enough to hear, "Okay. Yes, I am gay."

"Do you think Silas knew that, or even suspected?"

"Well, I never came right out and told him, but could there have been hints, maybe a slip where I mentioned a boyfriend, that he may have picked up on? Sure."

"Okay. I'm going to go on the assumption that he at least suspected. Granted there's no legal point I could argue based on that, aside from ineffective counsel, but I need to find some specific instances where that was present."

"What's the one point you have found already?"

"He had a note about you kind of going along for the ride, not really being one of the principals. There was one question asked during the trial on that point. I think he should have pushed harder on that. You got the same sentence as your co-defendants, when really, you should have only been an accessory."

"Wow. Yeah, I don't even remember that coming up during the trial at all, so I bet the jury could have missed it as well."

"Exactly. I'd love to find something else, because that's a pretty weak argument all on its own, because it was mentioned. But if I do, that strengthens your position. I'll follow up on just that point if that's all there is, but I'm not too sure about it making a difference alone."

"Yeah, but at least you found something. Silas said he never found anything. Like you said, a shorter sentence would be nice."

"Yep. It wouldn't surprise me if Silas never even looked. If you can think of anything, let me know. I'll keep digging for maybe a couple weeks and then go ahead with this if there's nothing else. Do you have a copy of the trial transcript?"

"Yeah. That's one thing Silas did right."

"Okay. Read through it again, closely. Don't skim over anything. Even if there's something you're not sure could be helpful, it's worth mentioning. Or something you can think of that wasn't mentioned. Got it?"

"Yeah. Damn. Thanks. I've spent four years here without a trace of progress. You've been on the case for what, a couple weeks? And you've got at least a sliver of hope. I really appreciate your efforts. Whether or not it comes to anything, at least you're trying. Nobody ever really cared enough about me to help this much."

"You're welcome. I take my job very seriously. Any success I have on old cases will still help me keep that job. I'll see you in a couple weeks. Call me if you think of anything, though."

"Yeah, I will, for sure. See ya."

"Bye Bily."

Aside from the point of potential appeal, Fred's discussions with Steve, Paul, and Bruce confirmed the pattern. Not in the least surprising, Silas didn't do his best for gay clients.

Between working with Leslie on Grayson, and digging through the files for the other four clients, Fred stayed pretty busy until the meeting with the Appellate Court. In addition to Bily playing a smaller role, it appeared he showed up at the fire after it was started. Fred would have to confirm that with him, but if he simply drove the getaway car, between that and his smaller role, an appeal will be worthwhile.

It was time to head to Houston for the meeting with the Fourteenth District Court of Appeals. Being the junior guy, Fred drove Sebastian and himself. He was kind of embarrassed about his old, small car, but Sebastian didn't say anything about it. When they got there, they discovered they were well down the docket, and would probably be there until mid-to-late afternoon. That guess was accurate, at three-fifteen, they were called.

"Thank you for coming Mr. Jamers and Mr. DeVore. The court felt it would be better to discuss the two cases before us during one session. It isn't often we get multiple appeals from the same source simultaneously. First, let me say we were impressed with the thoroughness of your research. We understand that you were recently assigned these cases, Mr. Jamers."

"Thank you, your honors, that is correct."

"This shouldn't take long, even with two cases. We shall take the cases in chronological order. Regarding Missouri St. Louis, the oversight by Mr. Thompson was extremely damaging to Mr. St. Louis' defense. We have ruled that had the evidence regarding the fingerprints on the knife been fully investigated by the defense, reasonable doubt would have been provided. Therefore, we are modifying the verdict from guilty of first-degree manslaughter to not guilty by reason of self-defense. You will be provided sufficient documentation before you leave that will enable the D-O-C to immediately release the prisoner."

Fred maintained the sense of decorum required, even though he was jumping up and down inside, "Thank you, your honors."

The senior judge nodded, then continued, "In the case of Burton Madison Wallingford Junior, Mr. Thompson made numerous mistakes in his presentation of the defense. Once again, we are vacating the guilty verdict and finding that the supposed victim, Bradley Connor, was indeed driving the car when the accident occurred. Mr. Wallingford, therefore, is declared not guilty and is to be provided an unconditional discharge. Again, you will receive documentation from the clerk to ensure his release."

"Thank you again, your honors."

Another nod, "Mr. DeVore, the court strongly recommends that Mr. Thompson be relieved of any current duties for Lyons, Martin, and Gold, in preparation for a disbarment hearing. Will you comply with this order?"

"Your honors, Mr. Thompson has been discharged from the firm, he is no longer employed by us."

"Excellent. Now, this final point of discussion is the primary reason we wished to do this in person. It will be very painful for the firm, but we must order that all of the cases that Mr. Thompson worked and lost while under your employ be carefully reviewed. The court is fearful that any number of his cases were insufficiently tried, and a number of innocent men or women are currently incarcerated that shouldn't be. Again, will you comply with this order?"

"Yes, your honors. Mr. Jamers is already looking at a number of Mr. Thompson's cases."

"That number for Mr. Jamers must include every case that was lost. It is the sincerest hope of this court that Mr. Thompson did not mis-handle any death penalty cases that have already resulted in termination of the suspect. We suspect the appeals process there is sufficient to prevent that ultimate miscarriage of justice. But, after reviewing these two cases, you can imagine our concern. The order to review each of Mr. Thompson's failed cases will be provided in writing. The court will require quarterly updates on this point, starting with the first quarter next year. If this order is not followed through on, Lyons, Martin, and Gold will be sanctioned."

"We will not let it reach that point your honors. We are as upset as you are with Mr. Thompson's performance, hence his dismissal."

"Thank you for understanding Mr. DeVore. Mr. Jamers, while you are lauded for your performance on these two cases, you unfortunately have just obtained a potential mountain of work. We hope you are up to the task. The cases versus Missouri St. Louis and Burton Madison Wallingford, Junior, are now closed."

Fred and Sebastian headed to the clerk's office to pick up the necessary paperwork.

"Excellent work, Fred. Wallingford Senior will be very pleased, as will the partners. It looks like you'll be remaining with us."

"Thank you, Sebastian. I'm very happy with the results."

"Yes. Unfortunately, you have your work cut out for you. It's obvious the A.C. wishes you work the rest of those cases personally. Continue on the four cases you've already started, but have Kirsten analyze all of Thompson's failures from the archives first thing tomorrow. We need to get an idea of the scope. It isn't common to have a junior associate lead a team, but if there is a sufficient number of cases, that will have to happen. Second thing tomorrow is obviously a trip to Rosharon. With two prisoners being released, I'll authorize the use of a rental car. I'll get Cheryl to have one delivered tomorrow morning."

Smiling, Fred replied, "Thank you, Sebastian."

"You're welcome. I will call Wallingford Senior and have him come to the firm tomorrow. You will have to determine where St. Louis will need to be delivered."

"Yes, sir."

The paperwork was ready. DeVore reviewed it all on the way back to La Marque, hoping Conrad and Karter wouldn't be too harsh on him. Especially seeing as the asshole, Thompson, worked for, and was hired by him. After dropping Sebastian at the office, Fred stopped at a hardware store on the way home, to get a copy of his apartment key made for Mo. He also stopped to ensure there would be sufficient food for Mo.

Next up - "A Trip, a Mountain, and a Reprimand"