Next, I call a witness with even less credibility. They call her Lolo, and the poor child has lived under bridges and in box culverts for as long as she can remember. The boys protect her and in return she keeps them satisfied. She’s now nineteen and there’s no way she will see twenty-five, not on this side of the bars. She’s covered in tattoos, and by the time she’s sworn in the jurors are already disgusted. She remembers that particular Wednesday, remembers the cops coming out to the Pit, remembers Gardy being there all afternoon.
On cross, Huver can’t wait to bring up the fact that she’s been busted twice for shoplifting. For food! What are you supposed to do when you’re hungry? Huver makes this sound like she deserves the death penalty.
We plow ahead. I call my alibi witnesses, who tell the truth, and Huver makes them look like criminals. Such is the lunacy and unfairness of the system. Huver’s witnesses, the ones testifying on behalf of the State, are cloaked with legitimacy, as if they’ve been sanctified by the authorities. Cops, experts, even snitches who’ve been washed and cleansed and spruced up in nice clothes, all take the stand and tell lies in a coordinated effort to have my client executed. But the witnesses who know the truth, and are telling it, are discounted immediately and made to look like fools.
Like so many, this trial is not about the truth; it’s about winning. And to win, with no real evidence, Huver must fabricate and lie and attack the truth as if he hates it. I have six witnesses who swear my client was nowhere close to the scene when the crime was committed, and all six are scoffed at. Huver has produced almost two dozen witnesses, virtually all known to be liars by the cops, the prosecution, and the judge, yet the jurors lap up their lies as if they’re reading Holy Scripture.
I show the jurors a map of their lovely town. The Pit is far away from the pond; there’s no possible way Gardy could have been in both places at the approximate time the girls were murdered. The jurors don’t believe any of this because they have known for some time that Gardy was a member of a satanic cult with a history of sexual perversion. There is no physical proof that the Fentress girls were sexually assaulted; yet every miserable redneck in this awful place believes Gardy raped them before he killed them.
At midnight, I’m lying across my lumpy motel bed, 9-millimeter by my side, when my cell phone beeps. It’s the DNA lab in San Diego. The blood Tadeo brutally extracted from the forehead of Jack Peeley matches the strand of hair the murderer left behind in the shoelaces he tightly bound around the ankles of Jenna Fentress, age eleven.
Sleep is impossible; I can’t even close my eyes. Partner and I leave the motel in the dark and are almost to Milo before we see the first hint of light in the east. I meet with the Bishop in his office as the town slowly comes to life. He calls Judge Kaufman at home, gets him up and out of bed, and at 8:00 a.m. I’m in his chambers with Huver and the court reporter. All of what follows will be on the record.
I lay out my options. If they refuse to stop the trial, dismiss the case, and send everybody home—and this is what I expect them to do—then I will either (1) issue a subpoena for Jack Peeley, have him hauled into court, put him on the stand, and expose him as the killer; or (2) go to the press with the details of the DNA testing; or (3) announce to the jury what I know; or (4) do all of the above; or (5) do nothing, let them get their conviction, and slaughter them on appeal.
They demand to know how I obtained a blood sample for Jack Peeley, but I’m not required to tell them. I remind them that for the past ten months I’ve begged them to investigate Peeley, to get a blood sample, and so on, but they have had no interest. They had Gardy, one of Satan’s foot soldiers. For the tenth time I explain that Peeley (1) knew the girls, (2) was seen near the pond when they disappeared, and (3) had just broken up with their mother after a long, violent romance.
They are bewildered, stunned, at times almost incoherent as reality settles in. Their bogus and corrupt prosecution has just unraveled. They have the wrong man!
Virtually all prosecutors have the same genetic flaw; they cannot admit the obvious once it’s on the table. They cling to their theories. They know they are right because they’ve been convinced of it for months, even years. “I believe in my case” is one of their favorite lines, and they’ll repeat it mindlessly as the real killer walks forward with blood on his hands and says, “I did it.”
Because I’ve heard so much of their idiotic bullshit before, I have tried to imagine what Huver might say at this point. But when he says, “It’s possible Gardy Baker and Jack Peeley were working together,” I laugh out loud.
Kaufman blurts, “Are you serious?”
