First Degree Innocence (24 page)

The bailiff stepped forward and leveled the Bible at her. She knew the drill and placed her hand atop it while he recited a vow he knew by heart.

“I do,” she responded, and tried to find comfort on the hard chair.

Her attorney stood. “Ms. Lang, you’re here today in a bid for freedom from false charges. Is that correct?”

“Yes sir….”

A warning bell sounded in her head, a reminder not to offer up any explanations or answers unless asked.

“You still proclaim your innocence in the crime that has been already presented to and recorded by the court, specifically your involvement in driving the said getaway vehicle.”

“Yes, I do.”

Stephen rested his hand on the wooden banister in front of her. “Are you familiar with Marie Collins?”

“Yes, I know who she is.”

“How do you know Ms. Collins?”

“She’s an inmate in my same facility.”

“Do you also know an inmate by the name of Jillian Duke? I believe you know her better as Jet.”

“Yes.”

“Are you also familiar with a guard named Margaret Ogden?” Stephen turned his back and faced the audience, then turned back to Carrie.

“I wasn’t aware of her first name, but yes, I do know who she is.”

“When you first were incarcerated, you shared a cell with Susanna Crane, your current cellmate, did you not?”

“That’s true.”

“Did you later find yourself transferred to Miss Duke’s cell for reasons that were later revealed to include a plot against Ms. Crane?”

“Yes.” The reminder brought old anger to the surface. Carrie released a slow breath.

“Please tell the court what transpired.”

Carrie turned her gaze to the judge. “Jet warned that I was being transferred to her cell and threatened to kill me if I didn’t cooperate in her plan to get even with Susanna Crane for her part in the arrest and sentencing of Jet’s brother. When I refused, she planted a knife in my belongings and drew Matron Ogden’s attention to it. I spent two weeks in solitary as a result.”

Stephen continued the line of questioning, none of which made sense to Carrie. The things he discussed had nothing to do with her innocence. How did anything that had transpired since coming to prison have bearing on the bank robbery? She sat patiently and answered to the best of her knowledge, trusting Stephen knew what he was doing.

The prosecution passed on questioning her, and she was dismissed and asked to take a seat next to her attorney.

The bailiff stood again. “The court calls Ryan Cullen to the stand.”

She hadn’t noticed Ryan in the court. He walked through the swinging gates that separated the onlookers from the attorneys’ tables, impeccably dressed in a white polo shirt and slacks. He smiled at her then proceeded to the box.

After being sworn in, he revealed all the facts he had uncovered during the past months. The evidence presented provided irrefutable evidence connecting Marie Collins to the crime and the felons convicted of it.

Carrie watched the judge’s face, hoping for some indication of surprise or at least amusement, but he remained stoic throughout Ryan’s revelations.

Ryan was dismissed, and again the uniformed court officer stood. “The court calls Seth Martin to the stand.”

Carrie’s head jerked around. Her eyes widened as Seth stood and approached the bench. What surprise did Stephen have in mind by calling Seth, and why hadn’t he told her? She swallowed hard and fisted her hands in her lap. Trust. It was her only option.

Chapter Twenty-Eight

Carrie’s gaze locked on Seth, curiosity eating at her as she fidgeted in her chair. He looked so handsome in his beige blazer and dark brown slacks. His tan shirt, open at the collar, exposed just enough chest to be considered sexy. She’d never seen him in anything but his uniform, and in his case, the old adage wasn’t true. What Seth wore didn’t define his manhood. He looked equally appealing in street clothes. She looked down into her lap, feeling her cheeks heat. He’d definitely caught her staring at him.

She reined in her sensual thoughts and sat straight in her chair. Her future was on the line here. What the hell was she doing acting the part of a giddy female? Handsome or not, what purpose did Seth play in the hearing? What did he have to share that would make a difference? Fear nipped at her. Surely he wouldn’t admit to their clandestine meetings in the garden, or how she sneaked away during rec to talk with him.

Seth raised his hand and vowed to tell the truth.

She waited, holding her breath for the question and answers to start.

Stephen stepped up to the witness stand. “Mr. Martin, please tell us what you do for a living.”

“I was a correctional officer.”

“Was?” Stephen emphasized the word.

“Yes, sir, I recently resigned.”

“Until that time, you were an officer at the same institution that houses Ms. Lang. Is that correct?”

“Yes, sir.” Seth appeared calm and composed.

“Please tell the court, in your own words, what you uncovered by working in the women’s laundry and how you came to be there.” Stephen strode back to the table, stopped, turned, and listened with arms folded.

“Approximately three months ago, I was assigned to a work-exchange program that allowed male officers to interact with female inmates on a limited basis.” Seth took a breath. “My assignment was the women’s laundry. During that time, I had the opportunity to observe Marie Collins and become privy to instructions she discussed with another inmate. I overheard them plotting to kill Ms. Lang.”

Stephen turned and searched through the papers on the table for one which he pulled from the stack. He turned back to Seth. “What action did you take, if any?”

“I sent a note in Ms. Lang’s laundry warning her to watch her back.”

Stephen held the paper in the air. “I have here an affidavit which you’ve signed.” He handed the sheet to Seth. “Do you recognize your signature on this paper?”

“Yes, I do.”

After accepting the paper from Seth, Stephen slid to the side and presented the document to the judge.

“In this affidavit,” he continued, resuming his post near the witness. “You state that you feared going to management with your discovery because you believed someone on staff had inappropriately conspired with Ms. Collins and Ms. Duke, and in the process, those two women were granted preferential treatment over other inmates. Can you explain?”

Seth nodded. “Yes. I met Carrie Lang as a trustee for garden duty. I was one of several guards overseeing inmates working outside the prison yard. Although employees are strictly admonished about interacting with the inmates on a personal note, during brief conversations, something about the facts Ms. Lang divulged to me created suspicion that she was being mistreated by one or more female guards. I couldn’t in good conscience let the obvious pass without further investigation.”

Carrie leaned forward, resting her arms on the table, her attention piqued by Seth’s admission.

“May I have a drink of water?” He swept his tongue across his lips.

The bailiff delivered a glass, and Seth emptied it in one swallow.

The judge returned the paper to Stephen. At the table, he dropped the affidavit atop the stack of other pages, and during the momentary silence, cast an encouraging smile at Carrie. He turned his attention back to Seth. “And, can you tell us what further investigation on your part revealed?”

“As you pointed out earlier in this hearing, Ryan Cullen and I are friends, and I was the one who invited him to delve further into Ms. Lang’s case. Using his connections and knowledge, we were able to determine that Marie Collins is a close friend of the two men sentenced for the bank robbery; in fact was engaged to one of them. There is no history that Carrie Lang was in any way acquainted with them, and as a matter of record, she had declared bankruptcy just the week after the robbery which required a full disclosure of her financial holdings. I don’t believe this information was introduced during her first trial.

“You’re right, Mr. Martin, and it should have been. Now, please tell the court what other discovery you made concerning the set-up that landed Ms. Lang in solitary.”

Seth swallowed. “I finally approached the warden with my suspicions, and asked her to look into the background check done on Ms. Margaret Ogden. Any time a relative of an officer is assigned to the same prison, the guard is required to declare the relationship as a matter of public record. Any direct contact is considered a conflict of interest, and research revealed that Matron Ogden is maternal aunt to Jillian Duke. In Ms. Ogden’s capacity as direct supervisor, she exerted undue pressure on her staff by threatening them with dismissal or cutting their hours. She turned a blind eye to the behavior of her niece and allowed Ms. Duke to enjoy privileges not available or suitable for inmates.”

Carrie’s mouth gaped. Ogden and Jet were related? That explained so much. No wonder Jet got privileges others were denied.

Stephen stood before the judge. “I have no further questions for Mr. Martin.”

Again, the attorney representing the state waived his right to cross-examination and Seth was dismissed. The spicy aroma of his aftershave wafted around her as he passed on the way back to his seat. She resisted the urge to reach out and touch him.

Stephen summarized the day’s testimony and conclusions for the court. Barely conscious of his words, Carrie struggled to assemble the facts in her own mind and make sense of them. What had happened to Jet, Marie and Ogden? She leaned on the table and waited for her attorney to reveal the final outcome.

“So,” Stephen continued, “Inmates Duke and Collins were sent to other institutions in the state to avoid further collaboration between them. Jillian Duke is already serving life for murder one, and Marie Collins will face additional time for admitting to her attempted stabbing of Ms. Lang and her participation in the bank robbery. Margaret Ogden was duly dismissed from her position with no possibility of rehire at any correctional facility. I believe criminal charges may be levied against her as well.”

He returned and stood next to Carrie. “I would like the court to consider all the facts presented today to show that not only was my client unfairly accused and convicted of a crime, her punishment didn’t end with the court’s sentence. The defense believes we have shown without a shadow of a doubt that Carrie Lang did not commit the crime for which she has been sentenced to serve ten years, and we wish your honor to consider overturning the verdict or in the least, mandating a second jury trial.” Stephen took a breath. “Although, based on the overwhelming evidence presented in support of Ms. Lang’s innocence, the state could be spared further expense should the court exercise the right of exoneration.”

Stephen rested his case and sat. Carrie braced for the state’s attorney to argue their case now that the summation had been given. Her shoulders tensed, her mouth turned dry.

The smartly-dressed lawyer stood. “Your honor, having heard all the evidence presented by the defense in this hearing, the state has no objection to a second finding, this one declaring the defendant not guilty of said crime.” He nodded toward the defense table, sat and leaned on arms crossed on the table.

The judge rendered a decision in legal jargon that made no sense to Carrie. Concluding, he banged his gavel, then stood and exited the room. She stared at Stephen with wide eyes. “What just happened?”

“You’re to return to prison—”

“What?” Carrie pushed away from the table, squealing her chair legs against the tiled floor. She bolted to her feet. “How? Why?”

Stephen rested his hand on her shoulder. “Let me finish.” He smiled. “You’re to return to Nuevo, collect your belongings, receive small compensation for transportation, and resume your freedom with the court’s apology and a clean record.”

“Oh my God!” Carrie threw her arms around his neck, then stepped back, her cheeks warm, but her heart pounding. “You mean it? I’m free.”

“Well, you will be as soon as you’re processed out of the system. I suggest we find the deputy who brought you here and have him get you back as soon as possible.”

Carrie’s father burst through the hinged gate and gathered her in his arms. “First I find my long-lost daughter and now she’s free. I’m so blessed.” He lifted her off her feet in a bear hug. Setting her back down, he held her at arm’s length. “Of course, you’ll come home with me. I won’t take no for an answer.”

“Of cour—”

Over her father’s shoulder, she spied Seth standing on the other side of the gate. “Daddy, will you excuse me, for a moment?”

She stepped toward her hero, her insides quivering like jelly. She lifted her chin and gazed up at him. “How can I ever thank you for all you’ve done for me?”

“It was my pleasure.”

“But, you gave up your job. Why?”

Seth took her hand. “Because of my feelings for you.”

His touch sent warmth seeping up her arm and blossoming across her chest. “Me? Did I get you into trouble?”

“You might say that.” He grinned. “I couldn’t remain employed and try to prove your innocence at the same time. I knew if I ever wanted a future with you, I had to concentrate on setting you free.”

“Oh, Seth—”

“Ms. Lang, it’s time to go.” The deputy chose the worst time to show up.

She reluctantly withdrew her hand from Seth’s. “How soon will I see you again?”

“I’ll be waiting for you outside the gate to give you a ride wherever you want to go.”

Oh, sweet Jesus. The idea of leaving prison held more appeal now that she no longer had doubts about Seth. His eyes told a story his lips hadn’t admitted, but she could be patient.