First Offense, page 16
“At first. But I became suspicious of the reports and began to make some unscheduled visits.”
“What did you find on those visits?”
“Conditions were unsanitary, staffing was insufficient, and those there were poorly trained. Especially troubling was the discovery that grievances by the boys were dismissed internally and not reported to the State.”
“What kinds of grievances?”
“Bugs in the food. Portions too small. Repeated physical abuse by the guards. Lack of responsiveness to medical issues. I tracked some of the complaints reported to me by the boys against the reports filed with the State. The majority never showed up in a report.”
“In your opinion, do you think Francis Bishop would be safe from harm—whether by other youth or the guards—if he were returned to Eldridge Academy?”
“I do not.”
“Thank you. No further questions.”
As Jacobs sat down, Dani flashed a quick smile at him. Bismark’s testimony had been strong. She hoped it was strong enough for the judge.
Camden stood up and walked slowly toward the witness box, a serious expression on his face.
“What happened when you reported your findings to your superiors at the Department of Juvenile Justice?”
“I was let go.”
Camden did a stagey double take. “How could that be?”
“Because the Department only wants to know if its policies are in place, not whether they’re being enforced.”
“Isn’t it true that you were let go because of complaints that you were intimidating the staff at Eldridge?”
“If expecting answers to tough questions is intimidating, then I suppose I was.”
“And isn’t it also true you were accused of undermining the management of the facility, thereby creating a dangerous situation?”
“Look, I got too close to the truth, and Roger Wilcox, the owner of ML Juvenile Services, complained. He’s a big fish, and I was easily expendable. I wasn’t surprised they did cartwheels for him.”
“When was the last time you were at Eldridge Academy?”
“Four years ago.”
“So, even if everything you claim you observed there were true, you’d have no way of knowing whether those conditions had changed since then, would you?”
“A leopard can’t change its spots. Warden Cummings headed it up then, and he still does now.”
“Mr. Bismark, I’m not asking for your opinion. I’m asking what you know to be factually true. Can you state with certainty that Francis Bishop would be in danger of harm if he were returned to Eldridge Academy?”
Bismark looked toward Dani and Jacobs, then back at Camden. He sighed deeply, then answered, “No, not with certainty.”
“That’s what I thought. I have no more questions for you.”
Jacobs stood up. “I have no more witnesses, Your Honor.” He picked up a large packet of documents from his table. “This is the transcript of Francis’s hearing. I’d like it marked as respondent’s Exhibit 1.”
“I object,” Camden said. “It bears no relevance to whether Eldridge will be a safe place for Francis.”
“I believe it will help give Your Honor a fuller picture of Francis, and eliminate the need to call the people who testified as to his character at this hearing.”
Judge Gottlieb nodded. “I’ll allow it. Now, gentlemen, this isn’t a jury trial. I understand each of your positions, and I don’t need a summing up. I’m inclined to forgo closing arguments unless one of you strongly objects.”
Hah! Dani thought. It was a foolish attorney who went against the wishes of a judge deciding their client’s fate. As she expected, neither Jacobs nor Camden objected.
“Okay. Be here tomorrow at ten o’clock. I’ll have my decision for you then.”
Tommy joined Dani and Jacobs for dinner that evening. “How do you think it went today?” Dani asked Jacobs.
“Got a coin to toss?”
“You think it’s that close?”
“I wish you would have let me put Frankie on the stand. If Gottlieb heard the truth about his beating, it would be a slam dunk.”
Dani picked up her glass of water and took a sip. “I couldn’t convince Frankie that he’d be safe if he testified. And he’s gone through so much already, I didn’t have the heart to push him.”
“I hope that decision doesn’t come back to haunt you.”
Dani smiled weakly. “I hope not.”
“You did the right thing,” Tommy said as he patted Dani’s shoulder. “I’ve spent a fair amount of time with Frankie. He’d rather take his chances at Eldridge than go on record ratting them out.”
What a terrible choice for a twelve-year-old to have to make, Dani thought. He was a child, prepubescent. He should be out shooting hoops with his friends, or playing baseball in a Little League game. He should be back in school, worrying about upcoming tests. Not worrying about whether he would be killed for testifying truthfully about an abusive and corrupt juvenile prison.
“How’s it going with Hollander?” Dani asked Jacobs. “Has the FBI gotten anything from him?”
“Nope. He clammed up right away and asked for his lawyer.”
“What about his computer? Have they been able to track down any kids from that?”
“Not yet. Everything was done in code. They’ve been trying to crack it, but no luck so far.”
Dani knew Frankie could make all the difference. With his testimony, Hollander faced life in prison. If he were sent to a maximum-security facility, and it leaked that he’d been engaged in child trafficking, the prison population would exact its own version of justice. That would be a strong incentive for Hollander to make a deal. He wouldn’t be able to avoid a lengthy jail term, but his testimony could change where he was sent, and what was made known about him.
She took another sip of her water and wished that it were wine. She wanted the alcohol to erase her knowledge of the ugliness in the world. She wanted the heat it would spread through her body to remind her of the warmth she felt when she lay entwined in Doug’s arms, the orange glow from the logs in their fireplace mesmerizing, washing away all thought of despicable men who robbed children of their innocence along with their liberty. And, most important, she wanted the numbness it provided to strip away the tension she felt about tomorrow’s decision.
At ten o’clock the next morning, the bailiff announced, “All rise.” As Judge Gottlieb took the bench, Dani looked back at Jessica. Frankie’s mother sat stiffly in her seat, her face held tightly in a mask, as though to release it would cause her entire body to collapse.
“I’m going to read my decision from the bench,” Gottlieb said. “This is not a clear-cut case. Both sides have compelling arguments as to where Francis Bishop should be held. The Florida DJJ rightly points out that Francis was adjudicated a delinquent and sentenced to a secure residential facility. There’s no dispute that his sentence has not been completed, and on top of that, he escaped while in the custody of the hospital. In ordinary circumstances, there would be no question that young Mr. Bishop should be returned to Eldridge Academy. On the other hand, there is also no dispute that Francis is a crucial witness in an important child-trafficking case. The US attorney claims that because Francis was badly injured previously at Eldridge, it is too risky for him to be returned there.
“In such a situation, I must weigh the competing claims. In doing so, I have reviewed the underlying adjudication hearing that found Francis to be a delinquent. Although it is not my place to second-guess a state court judge’s ruling, I have found nothing in the record of that hearing that makes me believe that Francis will be a high risk of danger to others if he is not returned to Eldridge. If the authorities at Eldridge are, despite their assurances, unable to protect Francis from further harm, his loss as a witness can lead to the continued enslavement of innocent children, and potential future enslavement of other children. It is an outcome that far outweighs the need for one boy to complete his sentence. I hereby order that Francis Bishop be placed in the custody of the FBI, to reside in one of their safe houses. He shall not be permitted to leave said house except for court appearances or medical attention, the latter with the advance approval of this court. Toward that end, he is to be fitted with an ankle bracelet that shall monitor his movements. His time in the safe house shall count toward the completion of his sentence at Eldridge. So ordered.”
When Dani turned around, she found Jessica had slumped down against the bench, and tears were running down her cheeks. She smiled at Dani and mouthed, “Thank you.”
Thank goodness was the only thought in Dani’s head. Thank goodness for the levelheadedness of the judge. Thank goodness Noah Jacobs had been willing to fight for Frankie. And most of all, thank goodness that the nightmare Frankie had endured, first at Eldridge, then caught in the web of those despicable men, was finally over.
Joe Cummings picked up the phone on its first ring. He didn’t wait for his assistant to answer it—he saw from the caller ID it was Williamson. “What’s the verdict?”
“Judge is letting the feds keep him.”
“But he didn’t say anything about us, right?”
“Not a word. Kid didn’t testify.”
“Still, Wilcox doesn’t like him being out there. He may feel safe enough to start talking now.”
“I know.”
“I’ve got a call to make. It’s not over yet.”
CHAPTER
25
For once, Dani’s plane landed on time, and she made it home for dinner. On the thirty-minute drive north from LaGuardia, she encountered another rarity—there wasn’t stop-and-go traffic on the highway. She hated to spend even one extra night without tucking Jonah into bed and kissing him good night. Soon, she knew, he would be too old to allow it.
Katie had left a meat loaf in the oven for the family. Jonah chattered throughout dinner, filling Dani in on school happenings while she’d been away. When he finally paused for a break, Dani said, “There’s something Dad and I want to tell you.”
He looked at her expectantly.
“We’re going to have a baby. You’ll have a brother or a sister.”
“I think I’ll take a brother.”
Dani suppressed a laugh, then quickly glanced at Doug and saw the amused twinkle in his eyes. She reached over and touched Jonah’s hand. “I’m afraid we don’t get to choose.”
“Oh.”
His relative silence surprised Dani. Jonah was so naturally effervescent about everything. She’d wanted him to be excited about the baby, too. Was it possible that jealousy had set in so quickly? She hoped not. She was an only child herself and had longed for siblings. She’d often wondered whether Jonah had as well, although he’d never asked about it.
“So, what do you think about that?” Doug asked.
“I think you’ve tarried long enough. I was getting haggard waiting.”
Dani knew she’d miss Jonah’s special way of speaking when he was living elsewhere—if not independently, at least in a group home. “I didn’t know you felt that way.”
“Well, Timmy has a brother and so does Harris. And David has a sister. I can teach him how to play video games. I’m really commendable at them.”
“You could teach a sister, too.”
Jonah smiled brightly. “Yes. I think I will.”
When Dani arrived at HIPP the next day and stopped in the doorway of Bruce’s office to say good morning, he beamed up at her.
“Dani, I can’t thank you enough—you and Tommy.”
“It was our pleasure. Frankie’s a brave boy. I’m glad it worked out for him.”
“Jessica said she’s all set up now. Frankie’s school provided her with the materials she needs to homeschool him, and her boss has agreed that she can work off-site as long as necessary.”
“That’s terrific, Bruce.” She nodded toward her own office. “And now, reentry. I’ve already seen how many e-mails have stacked up. Here’s hoping I can push the door open for all of the mail and phone messages waiting for me.”
As it happened, it didn’t take her all that long to perform triage on the messages awaiting her attention. In less than an hour she got up from her desk and walked into Melanie Stanton’s office. She had trained Melanie in litigation when the young lawyer, fresh off of two years in a Wall Street firm and anxious to work at a job she found more meaningful, began at HIPP. She was Melanie Quinn then. Now, newly married, she carried her husband’s name. Melanie handled her own caseload now, but she and Dani were still close.
“Hey, Melanie.”
“You’re back. I heard it went well. Thank goodness it’s over. That poor boy.”
“Well, it’s over for me. Frankie will still have to testify against the men who grabbed him. I suspect that’ll be hard for him, dredging it back up again.”
Melanie nodded her agreement.
Dani motioned to her. “Would you mind coming with me into Bruce’s office?”
“Sure. What’s up?”
“Just something I want to tell both of you.”
Melanie rose and followed Dani into Bruce’s office. He looked up from his desk with an expression of surprise on his face. “What’d you forget?”
“Didn’t forget anything. I have some news I’d like to share with you.”
Bruce blanched. “Please, don’t tell me you’re leaving HIPP.”
“No. But in about six months, I’m going to need some time off. I’m pregnant.”
Melanie squealed a joyous “Congratulations,” then hugged Dani tightly. “How exciting!”
Dani stole a glance at Bruce. His brows were furrowed, and he twirled a pencil in his fingers. “Don’t worry,” she told him. “I’m only planning on taking three months off.”
“And when you come back, will you still handle cases from inception?”
This was the issue. When she’d started at HIPP, she handled only appeals, not wanting to be away from home as much as was needed if she picked up matters from the investigation stage.
“I’ve given this a lot of thought. I think for the first year, I want to minimize my travel. So yes, just appeals. But Melanie is handling cases on her own now, so I think HIPP will be okay.”
“Not death-penalty cases.”
Dani looked up at Melanie. She had seemed like a coed when she first started at HIPP, a beautiful, fresh-faced, wide-eyed ingénue. Now she was a seasoned pro. “Melanie can handle them. She has the skills for it.”
“That true?” Bruce asked Melanie.
“I can.”
A smile broke out on Bruce’s face. He stood up and walked over to Dani and pulled her into his arms. “Well, then, I’m thrilled for you.”
Relieved, Dani made her way back to her office, stopping at Tommy’s desk to let him know she’d told Bruce and Melanie her news. With Frankie Bishop’s case finished, she took out her folder of letters from inmates. It was time to pick a new case to handle.
She picked up the top letter. It was from Julio Rodriguez, a man who’d been sentenced to ninety-nine years for the kidnapping and rape of a woman. He was eighteen at the time of his conviction and had been in jail for twenty-two years. Like the authors of all the letters HIPP received, he insisted he was innocent. Dani did a quick Lexis search for his case and read the recitation of facts from his first appeal. A woman had been standing outside her apartment when two men grabbed her and threw her into their car, which she described as a late-model SUV with tinted windows. They drove to a nearby abandoned lot and raped her. When the police arrived a few hours later at the woman’s apartment, they spotted a vehicle that matched her description leaving the complex. They wrote down the license number and subsequently brought Rodriquez in for questioning.
The SUV belonged to Rodriguez’s father, who’d been working when the rape occurred. Rodriguez admitted he’d driven the car that night to visit a friend in the same complex where the victim lived, but he didn’t match the description of the rapists the victim had given to the police. He was noticeably shorter than the woman, not considerably taller, as she’d said, and had a bushy mustache, which she’d failed to mention. Nevertheless, several days later, the woman, who was white, identified Rodriguez in a lineup.
Dani looked up from the computer. Eyewitness identifications were always tricky, and cross-racial identifications were the most suspect. Studies repeatedly showed that most people had difficulty distinguishing facial characteristics in people of a different race.
She continued reading about the case. Rodriguez was interrogated for hours. He spoke little English at the time and had no criminal history. The officers typed out a confession for him in English, supposedly read a translation of it for him, then ordered him to sign it, which he did.
At the trial, the two friends Rodriguez had visited the night in question confirmed he was with them. Despite the only evidence against Rodriguez being his car and a questionable victim identification, he was convicted. Throughout his years of incarceration, he’d continued to maintain his innocence.
Dani finished going through the stack of letters, then returned to the first one. She prepared a letter to send to Rodriguez, saying she would take his case. Hopefully, the evidence kit still remained in police custody and contained DNA from the attackers. If so, it was the kind of case that HIPP, and other Innocence Projects throughout the country, were especially adept at handling. She’d long ago given up the hope that with the advent of DNA testing, fewer men and women would end up wrongfully convicted. Although it was true to some extent, she’d seen firsthand, through her work at HIPP, through the thousands of letters they received, that sadly, mistakes were still made. And because of those mistakes, some innocent people spent their most productive years locked away. Over time, Dani accepted that she couldn’t change the system, only chip away at the mistakes, one person at a time. Today, that person would be Julio Rodriguez.
Jessica Bishop had no idea where she and Frankie were. They had been driven to a small house tucked away in a rural area, an hour from Raleigh. A mile of dirt road led to the one-story cottage, with beige siding and burgundy shutters framing the windows. Inside, the living room was comfortably furnished with a deep-cushioned sofa and two club chairs flanking a wood-burning fireplace. There were two bedrooms, a snug kitchen, and a bathroom. If one of the FBI agents hadn’t followed with Jessica’s car, she would have been frightened of the isolation. Instead, she felt safe. She felt Frankie was safe, especially with the agent sitting on the porch overseeing the house.
