The Defendant
Lucius White is in for the fight of his life – and one of the lives at risk is his own.
FBI agent Lincoln Powers is apparently killed to keep him from testifying in a drug case against Raul Alvarez. But is that the real reason for Powers’ murder. The prosecutor, U.S. Attorney Karen Mallory. is convinced it was a murder-for-hire and brings charges against DeShawn Dwyer. Dwyer has no alibi, was supposedly at the crime scene on the night of the murder, and bought a new motorcycle immediately after the shooting. It’s a circumstantial case, but it’s a strong one, and there are many nefarious players who want Dwyer convicted.
The Defendant takes you deep inside the mind of a criminal defense attorney as he investigates the charges against Dwyer, plots his strategy, and builds his case in the page-turning trial.
SAMPLE CHAPTER
Charles Halperin, managing attorney in the Fort Myers, Florida office of the federal public defender, isn’t the “let’s do lunch” type of guy. That’s why I knew he had business on his mind when he asked me to meet him. I’d handled a few cases for Charlie, and assumed he wanted to talk about another. We could have discussed a new case on the phone, but Charlie said we needed to meet. It wasn’t like him to be so enigmatic, and my thoughts about his reticence continued to plague me. As I approached the outdoor patio of the Harborside Café, I had the uneasy feeling I was going to be sorry I had agreed to this meeting.
I spotted Charlie at a shaded corner table behind a row of potted hibiscus. Charlie stood as I approached. Rather than taking my extended hand, he pulled me close to him and patted me on the back.
“Thanks for meeting me,” Charlie said. His tone suggested a sense of relief. I took it as a sign that whatever he wanted to discuss was weighing heavily on his mind.
“No problem,” I responded as we took our seats.
Charlie pulled two cigars from his jacket pocket and offered one to me. I enjoy a good cigar as much as anyone, but I know Charlie’s offer was an attempt to buy some time. I declined his offer and leaned forward with my arms crossed on the wrought iron table. “What’s on your mind?” I said. “You sounded pretty serious on the phone.”
Charlie took his time lighting his cigar, and I watched his chest rise and fall as he puffed several times before exhaling. Charlie’s features assumed a severe appearance as he scrutinized the cloud of blue-gray smoke vanishing into the breeze. Whatever the purpose of our meeting was, Charlie needed some time to get to it. I’d seen Charlie this way before and knew it didn’t bode well for me.
Finally, Charlie pulled his chair closer to the table and crossed his arms on the surface. He had a look of troubled hesitancy—a look that said he needed a favor but was reluctant to ask.
Charlie took another nerve-calming drag on his cigar and blew the smoke out slowly.
For several seconds his gaze was fixed on the table.
I sensed he was summoning the will to get to the point of our meeting.
Finally, he looked up at me. “Lucius… I’ve got this case…. I really hate to ask…”
Charlie’s uncharacteristic hesitance only to added my sense of unease. I had taken on quite a few cases for Charlie, and he had never shown any reluctance in asking for my help. I couldn’t imagine why Charlie was having trouble getting to the point of our meeting, but the longer he delayed the queasier I felt.
Charlie dropped his head and focused his attention on the table.
Finally, I said. “Spit it out, Charlie?”
Charlie’s chest heaved as he took another drag off his cigar and let the smoke out slowly. His bland features didn’t give any sign of what he was thinking, but I knew Charlie well enough to know he was struggling with whatever he was going to say. “Like I said, I’ve got a case I’d like you to look at.”
Here it comes.
I forced myself to smile.
Charlie’s head drooped, and his gaze focused on the ashtray in front of him. For several seconds he remained silent as if reconsidering what he was about to ask me. His chest heaved again as he drew a deep breath and exhaled before raising his head and looking at me. “Do you remember the shooting on Palm Beach Boulevard last spring?”
I considered his question for a few seconds before shaking my head. “You’ll have to be more specific.”
“I mean the one where a couple of out-of-towners, a man and his wife, were shot.”
I shook my head. “Still doesn’t ring a bell. But what does it have to do with you? Isn’t it a state matter?”
Charlie shook his head. “The guy was an FBI agent. He was coming here to testify in a drug case that had been transferred from Miami. The killing of an FBI agent made it a federal case.”
I took a long breath as I considered what I now understood was the reason for our meeting. “I assume your case involves the accused shooter.”
Charlie made a pistol out of his thumb and index finger and fired a round.
“What’s your client’s story?”
“Naturally, he claims he wasn’t involved.”
“Do you believe him?”
Charlie responded with an earnest nod. “I do. And I think our chief assistant U.S. attorney knows he isn’t guilty.”
“Mallory? Karen Mallory?”
“The same.”
“Why is she handling a murder case? I thought she stuck to cases involving drugs and financial crimes.”
“She usually does, but she has ambitions. I hear she’s interested in the congressional seat opening up next year.”
“And you think she’s using the case as a stepping-stone?”
“I wouldn’t doubt it. There’s not a lot of sex appeal in drug and money-laundering prosecutions, but a nice juicy murder case is a headline grabber.”
“Still…”
“Hey, that’s what ambitious prosecutors do. They wait until the right case comes along, then run for election in the courtroom.”
I responded with a contemptuous snort and a shake of my head.
“Don’t underestimate her,” Charlie said. “When she goes after someone, she’s like a mastiff with a bone. Once she bites into them, she never lets go.”
“So I hear. I also hear she has the professional morals of an alley cat.”
“No doubt about it,” Charlie said. “Mallory is an ethical toxic waste dump. But she wins cases, and this is a high-profile case. The killing of an FBI agent is a big deal.”
“What can you tell me about the case?”
“Not much. For a couple of months, the agency put everything they had into the investigation, but they weren’t getting anywhere. Then some scumbag drug dealer named my guy as the shooter.”
“I don’t suppose your client….” I paused and gave Charlie a questioning look.
“DeShawn Dwyer.’”
“I don’t suppose Mr. Dwyer is an altar boy who’s caring for an ailing mother and does volunteer work at the local soup kitchen.”
“No such luck. He’s got a sheet…including priors for carrying and a juvie record for car theft.”
“And an alibi?” It was too much to hope for, but I had to ask.
Charlie snorted. “I wish.”
“What makes you think he’s innocent?”
“Mallory offered him a deal: a big reduction in the charge in exchange for a confession.”
My eyebrows rose. “Mallory did that? Mallory only goes for the kill. She doesn’t make deals with anyone.”
“I know. That’s why I don’t think she has a lot of confidence in her case, but she’s under pressure to convict someone.”
“If there’s a problem with her case she should assign it to someone with more experience.”
“That’s not going to happen. Like I said, it’s a high-profile case, and Mallory is nothing if not a glory hound.”
“And a snake. She’ll do anything to win.”
“That’s what made me think you’d be interested. I know how much you hate prosecutors who don’t play by the rules.”
“You’re right about that. What did your client say about Mallory’s offer?”
“Mr. Dwyer wasn’t interested in the deal. He says he’s innocent and wants a trial.”
“It’s his call!”
“I know, but Mallory was furious when DeShawn turned down the deal. Now she’ll throw everything she has into the case. She’s amended the indictment to include all the requirements for the death penalty.”
“Has she served notice yet?”
“Her request is still being reviewed by the Capital Case Unit.”
“Assuming they bring a death penalty claim, will her bosses let Mallory try the case?”
“I hear she’s cashing in all her chips. She desperately wants this case.”
“And you think she’ll go all out to get your guy?”
Charlie nodded. “I’m sure of it.”
“And you don’t have the manpower to fight her.”
“Something like that. We’re stretched pretty thin, and we don’t have enough people with capital case experience to give this one the attention it needs.”
I leaned back and ran my fingers through my hair. My mind was suddenly filled with thoughts of the last murder case I had handled. I won the case, but what happened next continued to haunt me.
Charlie waited a few seconds, giving me some time to think before asking, “Will you at least look into it?”
“I don’t know, Charlie. I admit I’ve wanted to take a swipe at Mallory for a long time. She represents everything I detest about prosecutors. But I’m trying to cut back.”
“You! I thought you’d die with a brief in your hand.”
I chuckled. “No. I really am cutting back. I’ve had a good run, but it’s time to phase out. I’m spending most of my time training new associates and doing an occasional case for you. Besides, I’ve gotten an offer to teach at Ave Maria Law School down in Naples. They want me to start next semester, and I’m thinking about taking the job. I can’t do that and still give a murder case the attention it needs.”
“But you’re not teaching now, and this case is scheduled for trial before the next term starts.”
“Charlie… I…”
“Look, Lucius. I know how you feel about murder cases… and I know why. But on your last case … you did your job.”
“And look what happened.”
“It wasn’t something you could control, and I know what it’s done to you.”
“Do you? Do you really?”
“Okay. Maybe not. But would you feel better letting an innocent man go to prison because of what happened after you won?”
It was a question I had been asking myself. It was a question every criminal defense attorney asks himself.
“I don’t know, Charlie. Maybe it’s just too soon. I don’t know if I’m up to it.”
“Is that what you want me to tell DeShawn? Is it? DeShawn needs you, and he needs you now.”
I sighed. “Charlie… I…”
“Just look at the file.” Charlie sounded desperate.
Finally, I sighed and said, “All right. For you, I’ll look into it. Send it over and I’ll look at it.”
Charlie pulled a folder out of his worn leather tote bag and laid it on the table.
I gave Charlie a wry smile. “You must have been pretty sure I’d be interested.”
“I know you, and I know how you feel about Mallory.”
My thoughts flashed to the assistant U.S. attorney. She was the personification of all the negative aspects of the judicial system and the reasons I had become a lawyer. Charlie and I had discussed this with some frequency, and I’m sure he had emphasized her involvement to pique my interest. It worked.
“What can you tell me about Dwyer?”
Charlie gave me a roll of his hand and an ambiguous shrug. “I think that’s something you have to figure out for yourself.”
I narrowed my eyes as I studied Charlie’s face. “You’re being a little cryptic.”
“He’s…he’s not exactly what you’d expect.”
“In what way?”
“He doesn’t act like a typical murder suspect, but I don’t want to color your impression of him with my opinion. I think it’s something you have to see for yourself.”
“Have you talked to him about farming the case out to me?”
“Yes, and he’s okay with it. Fact is, he already knew who you are.”
“How? I don’t do much work locally.”
“I think it’s one of those ‘friend of a friend’ kind of things. Your investigator…I forget his name.”
“Horse McGee.”
“Yeah. I don’t know how I could forget a name like Horse. Anyway, he’s made a few connections in Dwyer’s neighborhood.”
“How do you know that?”
“Dwyer mentioned it. And you’ll probably need them.”
“Oh? Why?”
“The people you’ll have to talk to aren’t inclined to talk to anyone connected to the criminal justice system. I think you have your work cut out for you.”
“Is there anything else you can tell me about Dwyer?”
“For what it’s worth, I think he knows more than he’s been willing to tell me.”