Presumption of Guilt (22 page)

“Sophie’s having a hard time over Molly.”

“Well, of course. Her mother’s a murderer.”

Hold your temper. Hold your temper.
“I don’t think she is. But even if it were true, we still need to be sensitive to Sophie.”

“You need to be sensitive to her. She’s your daughter, not mine.”

Hold your temper. Hold your temper.

“You don’t mean that.”

“I don’t, huh? Well, she doesn’t treat me with any respect at all. You spoil her, so of course she’s nice to you.”

“I don’t spoil her. I just show her I love her.”

“Well, I hope Molly does get out of jail. Then she can take care of her.”

At that, Finn’s attempt to remain calm failed him. “Do you ever think about anyone but yourself? God, you’re the most self-centered creature that ever walked this earth. How could I possibly have thought you’d make a good mother? Or even a decent mother. I must have been out of my mind.”

“Stop shouting. You’re going to wake Graham.”

“Just Graham? You’re not concerned about how Sophie will react to my shouting? Let me tell you something, you may think you’re a good mother with Graham, but you’re suffocating him to death.”

“Shut up,” Kim said as tears started to roll down her cheeks.

It was her favorite gambit—begin crying whenever they fought. It ensured that the argument would end without their reaching the issues that prompted the fight. Finn picked up his glass of wine and walked out of the living room, stopping as he reached the foot of the stairs. “Go watch your TV show,” he said, then retreated to his study.

This time, Molly walked toward the visitors’ room with steps as quick as she could make with shackled ankles. Despite the metal cuffs, she felt as though a cushion of air were below her body, carrying her to her daughter. The guard didn’t need to push her into the room. She gladly entered, and, when she spotted Sophie, rushed over to the chair opposite her.

With a big grin, she said, “I’m so happy you came back.”

Sophie bit down on her lip and shifted in the chair. “Yeah, well, I heard about the hearing. I wanted to tell you I was sorry.”

Molly’s smile dimmed, but just a bit. “Yes, it was disappointing. But it’s been appealed. There’s a chance I’ll still get a new trial.”

“I really want you to. I hope you get out.”

Molly’s heart soared. Her daughter wanted her.

For so many years, she’d tried to block out thoughts of her, mostly unsuccessfully. She’d imagined her as a toddler, running around the playground with her friends, her blonde hair blowing around her face. She’d pictured her entering school, beginning to read, reveling in the joy of learning. She conjured up visions of her surrounded by loving parents and an adoring brother, ensconced in a cocoon of warmth. In Molly’s mind, she saw her daughter on the brink of adolescence, confident and cheerful, ready to embark on the next step toward adulthood. Now she saw a child, still a child, uncertain, tentative, enshrouded with a cloak of sadness.

“Is there a room here with toys?” Sophie asked.

“There is. For mothers who gave birth here in prison. They play with their children in that room. After I had to give you up, you would visit me there.”

“I remember it.”

“Are you sure? You were so young then.”

“I don’t remember a lot. Just snapshots, like a picture that’s frozen, with no movement. But I see myself sitting on your lap, with you reading me a book, in that room. And another picture of you helping me with a puzzle.”

Molly smiled, amazed at her memory, all of it so true. “When I get out—and I know I will, I really believe it now—I hope you’ll visit me.”

“I, um, I was thinking. Maybe when you get out, I can spend weekends with you.”

A feeling of weightlessness breezed through Molly. “Of course, you can stay with me as much as you want.” Then gravity reclaimed her. She had no right to Sophie. She’d allowed Kim to adopt her. “Of course, your father and Kim will have to agree to it.”

Sophie scowled. “That’s just it. Kim doesn’t want me around. It’s bearable on school days, but on weekends I’m just in her way. She only wants to spend time with Graham.”

“Oh, honey. I’m sorry.”

“I mean, Dad loves me and I love him. And I love Graham, too. It’s not his fault. Dad always tells me family is more important than anything else, and I suppose that’s true, but you’re my family, too, aren’t you?”

“Yes. No matter where I am, I’m your family, and I love you dearly.”

Sophie’s chin dropped down and she brushed her hair away from her face. She took a deep breath, then lifted her head up, and slowly a smile crept across her face.

C
HAPTER

38

T
hey only had to wait three weeks for oral argument on
The People of the State of New York v. Molly Singer
. Dani, Melanie, and Tommy drove up to Albany the evening before. Their case was scheduled for 9:30 a.m., too early for them to leave the same morning, especially given the vagaries of New York traffic. Although it was the capital of New York State, the city had been in decline for many years. The elegant Empire State Plaza, which housed the court, along with most other New York State government offices, stood in stark contrast to their fading surroundings.

There was only one hotel within walking distance of the court, and the three checked into their rooms, then met in the lobby for dinner. The evening was pleasant, and so they walked the few blocks to the restaurant suggested to them by the desk clerk.

Dani knew that the next day’s argument was crucial. If the appellate court didn’t grant a new trial, it would be over. Molly would remain behind bars until she was old enough to collect social security. Only she wouldn’t collect—she’d never worked and so never contributed to the fund. She’d never had a chance to finish school, start a career, raise her daughter.

Bruce had warned Dani when he hired her that she needed to keep her emotions out of the job. “Don’t get drawn into your client’s plight,” he’d told her. It was especially so with clients on death row. If she’d established an emotional connection with a death-row client, and if HIPP wasn’t successful in freeing the client, attending the execution could take an unbearable psychic toll. “And then you’ll end up leaving HIPP, because it would just become too painful,” Bruce had told her. He was right, of course. And, by and large, Dani had succeeded at maintaining a professional posture. But not always. And not with Molly Singer.

The moment Donna Garmond told her Molly had a daughter, she knew she’d fail miserably at keeping her feelings at bay. Her own maternal instincts shuddered at the thought of losing a child along with her freedom, a torment she knew would be made a thousandfold worse if her incarceration were wrongful. Tomorrow, though, she’d have to keep those emotions in check. When she stood to argue on Molly’s behalf, she’d remain focused and in control. The facts and the law. Win or lose, that’s all that mattered.

The restaurant was only half full, and they were seated immediately. Tommy and Melanie ordered cocktails, but Dani never drank before an argument. She needed to get a good night’s sleep, and alcohol disrupted that. The food was better than expected, but they didn’t linger over it. They ate quickly and walked back to the hotel. When they reached the lobby, Melanie asked, “Do you want me to pepper you with some more questions?”

“No, I’m going to turn in.”

“Are you feeling all right?”

Dani nodded, although the truth was, she’d felt queasy since finishing dinner. She said good night, then went up to her room while Melanie and Tommy stayed downstairs in the bar.

As soon as she unlocked the door and stepped inside, a wave of nausea overtook her and she rushed to the bathroom, threw open the toilet seat cover, and deposited her meal inside the bowl. Finished, she stood up, rinsed her mouth and looked at herself in the mirror. Her face was drained of color, and beads of perspiration dotted her forehead. “This can’t be,” she muttered.

She undressed and put on her pajamas, then got into bed with her notes for tomorrow’s oral argument, fervently hoping she wouldn’t be too sick to deliver it.

The ringing of the telephone woke Dani the next morning. She picked up the receiver and heard a digital voice announce that it was her wake-up call. She glanced at the bedside clock, saw it was seven thirty, and groaned. She’d been up much of the night heaving into the toilet bowl, finally falling asleep after three a.m.

She dragged herself out of bed, brushed her teeth, then stepped into the shower, making the water as hot as she could tolerate. She quickly dressed, then rode the elevator to the ground floor. Melanie and Tommy were already in the hotel coffee shop when she walked in.

“You don’t look so good,” Melanie said when she saw her.

“I think I had food poisoning last night. I didn’t get much sleep.”

“Are you up for the oral argument?”

That was the question Dani had wrestled with ever since she had awoken. Melanie had been lead on cases before, but always those where DNA evidence was in play. She knew the argument, though—she’d worked closely with Dani on the brief and had prepped her with questions. And, she was smart and quick on her feet. Still, today was crucial if they had any hope of freeing Molly.

“I’m not sure. How would you feel about doing it?”

Melanie straightened her back. “I can handle it. I know the points we have to make.”

“Okay, let’s see how I feel when we get to the court.”

Finished with breakfast—just hot tea for Dani—they walked over to the courtroom. Before going in, Dani said, “I think you’re going to have to handle it, Melanie. I’m still feeling shaky.”

“Sure,” Melanie said, and they walked inside. Eric Murdoch was already seated, and he nodded to them. Slowly, the room filled with attorneys scheduled to argue their cases that morning. At nine thirty promptly, the door to the back rooms opened, and five justices entered the courtroom and took their seats. Dressed in the traditional robes, they looked like a sea of black, indistinguishable from each other, despite the fact that the chief judge was a woman. With her dark hair pulled back in a severe bun, she could have passed for one of her male colleagues.

The first case was called, and the attorneys for both sides took their seats in front. It was a “hot” bench, the justices showering the attorneys with questions from the outset. When their fifteen minutes apiece were up, the lawyers left the courtroom, and Dani, Melanie, and Eric Murdoch moved to the front. The bailiff called their case, and Melanie stood up and moved to the lectern.

The chief judge, sitting in the center, nodded for Melanie to proceed.

“Your Honors, may it please the court, my name is Melanie Quinn, and I represent Molly Singer. Ms. Singer was convicted twelve years ago—”

“Ms. Singer confessed to the murders of her parents, isn’t that so?” the chief judge asked.

“Yes, but she quickly recanted. And there was no forensic evidence which tied her to the crime. Based upon newly discovered evidence, a 440 hearing was held. The defendants only had to show a probability that the new evidence would lead to a more favorable verdict. In this case—”

Another judge interrupted. “Assuming that your evidence is sufficient to show that Mr. Singer had been involved in a crime, why would that necessarily lead to a different verdict?”

“Because he wasn’t alone in committing that crime. And we introduced evidence that he had considered coming forward about the crime. Certainly a juror could conclude that he was killed to silence him.”

“Isn’t that speculative?”

“Yes, Your Honor. It’s always speculative. One can’t know with certainty how a jury will respond. But the court must look at what a reasonable person would do, and a reasonable person would have to consider the possibility that there was a motive for killing the Singers that was far more plausible than the one conjured up by the prosecution for Molly.”

As Dani listened to Melanie’s responses, she felt more and more comfortable that she’d made the right decision to let her handle it. She still felt out of sorts and hoped her rumbling stomach settled down soon.

“I have a more serious concern,” said another judge. “Why couldn’t the defendant have discovered this evidence at the time of her trial? It seems to me nothing has changed since then. The same steps she took now to uncover the fraud could have been taken then.”

Melanie hesitated. Dani knew they hadn’t prepared for this question, since the trial judge accepted that it couldn’t have been discovered before. Years of standing before a row of judges had prepared her to field the unexpected questions, but Melanie was relatively inexperienced at this.

“Because, uh, because they had no reason at that time to suspect there had been wrongdoing in connection with the jail. The state had done an audit and said everything was in order.”

Good girl, Dani thought.

The judges peppered Melanie with a few more questions, which she handled easily. When the red light came on, she sat down next to Dani and let out a huge breath. Murdoch stood up and moved to the lectern. His argument consisted of a repeat of Judge Bryson’s reasoning in his decision. He, too, was showered with questions, but to Dani they seemed more like softballs, designed to allow him to expand on his explanations. Only the chief judge came down on him hard.

“A juror from the first trial testified that if he had known of Mr. Singer’s criminal activity, he wouldn’t have voted to convict Ms. Singer. Isn’t that definitive evidence of the probability that the verdict would have been more favorable if they’d heard about this?”

“I don’t believe it would have overcome Ms. Singer’s confession. Jurors have a difficult time ignoring that.”

“But there was also testimony from an expert about false confessions. If he testified at a new trial, wouldn’t that serve to alleviate the jurors’ concerns and allow them to focus on the other evidence?”

“No, I don’t believe it would.”

The chief judge didn’t appear convinced.

Dani managed to make it through the end of Murdoch’s argument. They stood up to leave, and as soon as they exited the courtroom, she excused herself and rushed to the bathroom. She wasn’t finished being sick. She hoped it was the remnants of food poisoning and not because of her sinking feelings about Molly’s chances.