”So now you think the Barlowe woman killed Reverend Tester?” Judge Green said.
”It makes sense, especially if we can eventually prove she killed the Hayes girl, which is what we suspect.”
”You people have made a mess of this investigation,” the judge said. ”Are you familiar with the term clusterfuck?”
”Please, Judge,” Baker said. ”Not now.”
”So what do you want?” the judge said.
”I want a little time. All we’re asking is that you recess the trial for a week. We should get our lab results back from Knoxville by then. If Tester’s blood is in Barlowe’s car or if we find a murder weapon, we’re going to dismiss the charges against Mr. Dillard’s client, provided she’ll cooperate with us, and arrest Barlowe for Tester’s murder.”
Fat chance of Angel cooperating. They didn’t have enough evidence to convict her in the first place, and I couldn’t think of a single reason why she’d want to help them.
The judge looked at me. ”Any objection, Mr.
Dillard?”
”No, Judge. If there’s a chance they’ll dismiss against my client, I’m not opposed to giving them a week.”
”All right.” Judge Green pointed his finger at Baker. ”I’ll give you some time. But if there’s still a charge pending next Monday, we’re finishing this goddamned case.”
July 24
3:00 p.m.
The judge didn’t tell the jury or anyone in the courtroom why he was granting a week’s recess; he just told them to come back next Monday.
Angel wanted to know what had happened. I told her I’d be over to the jail to explain it to her as soon as I could. The jurors filed out, and as the courtroom began to clear, Erlene Barlowe walked up to me.
She’d been sitting outside in the hallway with the rest of the witnesses. Junior Tester hadn’t moved from his seat.
”What’s going on, sugar?” Erlene said.
”The police say they have some new information in Angel’s case. The district attorney asked the judge for a continuance so they could develop some evidence. He gave them until next Monday.”
Landers was walking out of the judge’s office, where he’d apparently been holding court with Baker. When he saw Erlene he made a beeline for us.
”Don’t leave town,” he said, pointing his finger at Erlene. ”Your ass is mine now.” He turned and walked out the door.
”What was that all about?” Erlene said.
”They don’t tell me anything,” I said as I started to walk away. I wasn’t about to tell her she was more than likely going to be in custody sometime in the next week. With my luck, she’d disappear and I’d wind up with an obstruction charge. ”I have to go over to the jail to see Angel and let her know what’s going on. I’ll talk to you later.”
Before I left the courthouse, I took the elevator upstairs to Deacon Baker’s office.
”Interesting dilemma,” he said when I walked in.
”For you,” I said. ”I’m still in the same boat. Innocent client.”
”Let’s stop beating around the bush,” Baker said.
”Bottom line, if there’s anything in that car that links it to Tester’s murder, we’re going to charge the redhead. I’ll dismiss against your client if she’ll agree to help us.”
”Erlene is her only friend in this world. I doubt she’ll be eager to rat her out.”
”She was with her, Dillard. She knows what went on in that room.”
”You can’t prove that.”
”Will she want to take that chance? Barlowe may have something to say about her when she finds herself facing a first-degree murder charge.”
”All Erlene has ever said about Angel is that she’s innocent.”
”And if her lips are moving, she’s lying.”
”You’re stuck, Deacon. The jury’s been sworn in Angel’s case. If you dismiss, you can’t try her again because the jury’s already been sworn. Double jeopardy. If you come back and resume the trial, you’re going to lose, even with my sister’s testimony. Do you know what I’m going to do to her on the witness stand?”
”I was planning to make it a point to be in the courtroom for her cross-examination,” Baker said with a smirk. ”Wouldn’t want to miss it. At least run my proposal by your client. Go over there and tell her I’m offering to dismiss a first-degree murder.”
”I’ll talk to her, but don’t get your hopes up.”
When Angel came into the attorneys’ room at the jail, I was surprised to see her still wearing her clothes from court.
”The guards are searching my cell block,” she said.
”I’m still in holding. I guess they weren’t expecting me back so soon.”
”Strange day, huh?” I said.
”What’s going on?”
”It’s good and it’s bad. The TBI found a red Corvette in a barn out in Unicoi County this morning.
The barn belongs to Erlene, and apparently so does the car.”
Angel gasped, and I watched her closely. Her face turned pink and her bottom lip was trembling. She sat there, shaking and saying nothing. I reached into my briefcase and brought out some tissue. I’d been carrying it ever since that first visit at the jail. I handed some to her just in case, reached across the table, and put my hand over hers.
”Angel,” I said, ”the district attorney now thinks Erlene killed Reverend Tester. He wants to dismiss the case against you, but there’s a catch. He wants you to tell him what you know about Tester’s murder.”
A faraway look came into her eyes, as though she wasn’t really taking in what I was saying.
”Angel? Did you understand me? He wants to dismiss the case against you. They’re probably going to arrest Erlene for Reverend Tester’s murder.”
”They can’t do that!” she burst out, and then laid her head on the table and started crying. I moved to the chair next to her, put my hand on her shoulders, and began to rub.
”Take it easy,” I said. The door was two inches of steel and the walls were concrete block, but her sobs were loud. I didn’t want the guards coming in and asking questions. ”Talk to me,” I said. ”It’s all right.
Talk to me. Whatever it is that’s bothering you, you can tell me. I’m on your side no matter what.”
She suddenly sat up, wiped her eyes, and became very still. She looked at me pitifully.
”Can I trust you?” she said in a small voice.
”Of course you can. You know you can.”
”Can I really trust you?”
”I’ve been here for you all along. Whatever you tell me, I promise I won’t tell a soul. I’ve already explained attorney-client privilege to you.”
I could see her make the decision. And having made it, she sat up straight and squared her shoulders, as if a great burden had been lifted.
”I did it, Mr. Dillard. I killed him. I can’t let them blame Miss Erlene.”
I’d mildly suspected it since the day I talked to Tom Short, but I hadn’t wanted to believe it. Even AN INNOCENT CLIENT
31
now, even though the words had passed her lips, I didn’t want to believe it. I took her hand, knowing that if I continued, if I asked her about the details, everything about our relationship, and my entire strategy if the trial continued, would change.
”Think about what you’re saying,” I said. ”We’re winning this trial. If you tell me you killed him, it changes a lot of things.”
”You want to know the truth, don’t you?”
”I’m not sure.”
I looked at her smooth young face and my heart went out to her. Something told me that if she’d killed Tester, the circumstances might justify it.
”I’m sorry, Angel. Yes, I want to know the truth.