First Offense, page 21
“I’m planning to file this in the appeals court today. I’m hoping we can avoid this.”
“Ms. Trumball, attorneys appeal my decisions all the time. That’s what the appellate courts are for.”
“This appeal is personal. Personal to you.”
Humphrey leaned over his desk. His eyes narrowed. “What are you saying?”
“I’m alleging that you have a personal relationship with Roger Wilcox, and that’s why you send a disproportionate number of children to the residential facilities he operates.”
Humphrey’s face reddened as he shouted at Dani. “How dare you! You file that piece of crap, and I’ll slam a libel suit against you so fast, your head will spin.”
“I won’t file it if you send Frankie back to a prison that Wilcox doesn’t own.”
Dani knew she was treading in dangerous waters. Her demand could be viewed as a threat, even as extortion. She didn’t care. After Noah told her about the man sent to kill Frankie, she would do what was necessary to protect him.
The silence in the room seemed to last forever, but it was probably less than a minute before Humphrey broke his glare at Dani and sat back in his seat.
“Why is it so important to you that he go somewhere else?”
“Because I think his life is in danger at Eldridge.”
“You’re being overly dramatic. He got beat up there. It’s unfortunate, but it happens. It’s probably toughened him up.”
Before flying to Florida, she’d thought hard about how much she would reveal to Humphrey. Was he part of the plot to silence Frankie? He might be, but her gut said no. The judge might be in cahoots with Wilcox for the money, but she hoped he thought murder crossed a solid red line. “Someone tried to murder him at the safe house. The FBI apprehended him before he got off a shot.”
“I assume your client was in a federal safe house precisely because they thought the people he was to testify against might try to silence him. It seems they were right. This has nothing to do with Eldridge Academy.”
“Yes, that’s possible. But those men have cooperated with the FBI. And the timing of the attempted attack is suspicious.”
“And why is that?”
“Because it was the night his hearing before you ended, when it became clear he wasn’t being returned to Eldridge. The same night you made a call to Roger Wilcox from a burner phone.”
Humphrey’s face paled, and he licked his lips. He picked up the petition that Dani had laid on the desk and looked it over, then handed it back to her. “I don’t make my placement decisions based on attorney threats, Ms. Trumball. And if someone tried to hurt your client, I can’t imagine it had anything to do with Eldridge Academy. Go ahead and file your petition.”
Dani couldn’t claim to be surprised her bluff hadn’t worked. Both she and Judge Humphrey knew she couldn’t go into court with only speculation to back up her allegations against him. That’s why she’d prepared a second petition—one that appealed Humphrey’s sentence of a year for escape and requested emergency relief, asking that Frankie be allowed to remain at home pending the argument on the appeal and the court’s ruling. She left the courthouse and drove to the Second District Court of Appeal in Lakeland, filed the petition with the clerk, and asked to be put on the calendar for a hearing the next day. She then called her assistant and had her fax a copy of the petition to Warren Camden. When finished, she returned to her hotel to prepare for the next day’s argument.
Howard Humphrey seethed. Surely, the woman had been grasping at straws. Roger wouldn’t have gone that far. No amount of money could justify killing a young boy. Probably an innocent one, too, even though he’d found him guilty. Two joints—that was nothing. He felt disgusted—with Roger, with himself, with the trap he was in. He pulled out his new burner phone and dialed Wilcox.
“What now?” Wilcox said. “You just phoned me yesterday.”
“Tell me you didn’t hire someone to kill the Bishop boy.”
He was met with silence on the other end.
“You did, you son of a bitch.”
“Stop it. I didn’t hire anyone. The boy’s alive, isn’t he?”
“Someone tried to kill him.”
“It wasn’t me.”
Could he believe him? Humphrey wondered. With a deep sense of sadness, he realized he wasn’t sure. “It’s over. I’m out.”
“No, you’re not. You’re just panicking.”
“I mean it. I don’t want to have anything to do with you.”
Humphrey heard a low chuckle over the phone. “It’s not that easy. You’re in as long as I say you are.”
“Go ahead. Turn me in. Then we can be cellmates, because you’d go to jail right alongside me.”
“Don’t be a fool.”
“I can’t do this any longer.”
“You love your wife? Your kids? Think of their humiliation if you’re exposed. They’ll be ostracized wherever they go. Some will probably think your wife knew all about it and approved. Even benefited financially from it.”
Much as it pained him, Humphrey knew Wilcox was right. He couldn’t extricate himself from this mess, much as he’d like to. He should never have started in the first place. Now it was too late to stop.
Dani arrived at the Second District Court of Appeal in Lakeland shortly after nine a.m. The one-story concrete building looked more like an insurance office than a courthouse.
It was rare that she was alone when arguing an appeal. Usually she had a junior associate by her side, sometimes Tommy as well. But this wasn’t an official HIPP case, so it was staffed leanly. Warren Camden was already seated when she entered the courtroom. Her case was an add-on to the calendar—a petition for emergency relief—and so it might be called first, before the regularly scheduled cases, or last. Either way, she had to be present when court opened and just wait.
Thirty minutes later, she was in luck. Frankie’s case was the first to be called. Three justices sat on the bench, each one a man, each one looking well past retirement age.
Dani stepped up to the podium. “Your Honors, I have asked for the unusual emergency relief in the petition before you to preserve the safety and mental health of my client pending an appeal of his conviction of escape on statutory grounds. First, some background.” Dani took them through Frankie’s saga point by point, from his initial poor decision to take the joints to school to his beating at Eldridge, his escape from the hospital, and his subsequent kidnapping and second hair-raising escape.
“Until now,” she went on, “he has been kept in a safe house by the FBI as an essential prosecution witness. That is about to end, as a plea agreement has been reached in those cases. After his rescue, the State filed charges against Francis for escape, and he was sentenced to an additional year at Eldridge. Were it not for this additional charge, he would have satisfied his original commitment to that detention facility, and he’d be free to return home.
“As I’ll demonstrate in my argument on the merits of the appeal, Francis Bishop should not have been convicted of escape, as he wasn’t under confinement when at the hospital, nor being transferred to or from confinement, and his purpose for leaving wasn’t to avoid confinement. Of importance today, though, is that the very reason he didn’t return to Eldridge Academy is still present—the same boys who almost killed him continue to reside there. To put him back in that environment presents too grave a risk to his safety.
“I believe that we will prevail on the merits. In the meantime, we ask that this boy be permitted to return home pending the outcome of his appeal. He has served the time for his original sentence and, needless to say, has gone through an ordeal that shouldn’t happen to any child. Attached to my papers is an affidavit from a highly credentialed psychologist stating that, in his opinion, Francis is not at risk for abusing drugs, and that his best hope of recovering emotionally from the recent traumatic events is to return to his home with his mother and continue to receive counseling. If the court deems it necessary, he can continue to wear an ankle monitor and be homeschooled until a decision is reached on his appeal. Thank you.”
Dani wasn’t surprised that none of the justices had interrupted her argument. Since the papers had been filed only yesterday, they’d had little time to peruse them and so were a “cold” bench. That worked against her. Since she was asking for unusual relief, the better informed the judges were about Frankie’s situation, the better her chance of prevailing.
Camden now walked up to the lectern. “Your Honors, the State appreciates that Francis has gone through an ordeal. But it’s one that wouldn’t have happened to him if he had not escaped from the hospital in the first place, and therefore it should not affect your decision on his placement. I believe when you hear the argument on the merits, you’ll conclude that the trial-court judge was correct in finding Francis violated Section 985.721 of the Florida Statutes and that his sentence was appropriate. He can receive counseling at Eldridge Academy, as well as continue his studies. The warden has assured me that steps will be taken to ensure those responsible for Francis’s beating will not engage with him again. For these reasons, there is no basis to forestall his immediate return to Eldridge Academy. Thank you.”
“We understand the arguments,” the chief judge said. “We’ll have a decision for you by the end of the day. You can pick it up at the clerk’s office.”
Was it enough? Dani wondered. Had she done as much as she could to stave off Frankie’s return to Eldridge? It was a coin toss. And if it came up wrong, she had nothing left in her bag of tricks. She called the HIPP office and spoke to Bruce about how the morning had gone, then transferred to Tommy.
“We’ll know by the end of the day,” Dani said to him. “Even if we’re lucky today, don’t stop looking for something on Humphrey. If it’s not money, maybe it’s something else. There’s something wrong there.”
“I think so, too. But whatever it is with the two of them, they’ve hidden it well.”
“Keep looking.”
There was nothing more Dani could do until the court’s decision was in. After she hung up, she thought about heading to the beach, grabbing some lunch at a restaurant overlooking the Gulf, biding her time until it was late enough to return to the court. Instead, she headed in the other direction. She was less than an hour from Walt Disney World, and she thought strolling through Epcot or the Magic Kingdom would be a perfect way to stop her worrying over Frankie Bishop.
At four p.m., Dani returned to the courthouse. She popped into the clerk’s office to see if the decision had arrived.
“Not yet,” the clerk said. “I’ll let you know as soon as it’s here.”
Dani made herself as comfortable as she could on the wooden bench outside the office. Forty minutes later, the clerk stuck her head outside the door. “It’s here,” she said, as she handed Dani a one-page document. The decision contained two sentences. “Although it is highly unusual to override a trial court’s placement of a juvenile found to be delinquent, based on the unique circumstances of this case, we order that Francis Bishop be confined to his home, with ankle monitoring, pending resolution of his appeal. So ordered.”
Try as she might, Dani couldn’t stop the tears from rolling down her cheeks. “Hormones,” she muttered to herself, but she knew that wasn’t all. It was her overwhelming relief that, at least for a little while, Frankie Bishop was still safe.
CHAPTER
36
Tommy realized Dani was right. It was time to shift tactics. Both he and the feds had hit dead ends trying to find a money trail, which could only mean it was hidden too deep. Probably learned from his crooked brethren before him who’d gotten caught, Tommy figured. He’d start with the present and work backward. Piece by piece, he’d build a picture of Humphrey’s life, and somewhere along the line he’d figure out why he’d sent so many children to ML Juvenile Services.
The circuit court where Humphrey presided over juvenile cases covered an area served by three school districts. Tommy began making phone calls, starting with a call to the principal of the high school in Frankie’s district. Although Frankie had only been in middle school, Tommy figured most of the kids who ended up before Humphrey were older.
“This is Principal Harding,” the woman said when she came on the line.
“My name is Sam Bolton, and I’m a reporter with the New York Times. We’re doing a story about juvenile courts throughout the country, and judges who are taking a harder line with kids.” Tommy had thought about giving this woman his real information but decided she’d be more forthcoming to a reporter. “We understand that Judge Humphrey is a no-nonsense judge.”
“Oh, my, that’s an understatement. He doesn’t let kids slide on anything.”
“As a principal, how do you feel about that?”
“I’m thrilled. There are clear consequences now. The students know that if they cross the line, they’ll go before him and stand a good chance of being sent away. I’m convinced it’s really curbed a lot of bad behavior in the school.”
“In talking to some parents, it seems like that began around three years ago.”
“Well, I don’t know the time frame, but it does seem like he’s gotten harder on kids who come before him.”
“Do you know if anything prompted that change?”
“I’m not sure what you’re referring to.”
Tommy could sense a wariness in her tone. “Well, perhaps some groups got together and urged him to take a tougher stance.”
“If that’s so, I’m unaware of it.”
“Thank you, Ms. Harding. I’ll send you a copy of the article when it’s published.”
Almost each principal Tommy spoke to reiterated the same sentiment. They were happy with Judge Humphrey’s toughness but were unaware of what brought about the change. The one holdout was a middle-school principal.
“I’ve seen some disturbing rulings from him,” Principal Gareth Toler said. “He sent away an eleven-year-old for shoplifting a candy bar. First time. Good kid. He returned three months later and was completely different. Used to be an A student, friendly and outgoing. Came back a loner, never smiled. His grades plummeted. Another student got into an altercation with a kid and pushed him. No one was hurt, but the second kid’s parents reported it to the police, and the judge locked him up. It’s insanity—that’s what I think.”
“Has Humphrey always been that tough?” Tommy asked.
“Something changed a few years ago. Before, he sent away the kids that deserved it, put the others on probation. I don’t know why he’s doing this now, but it’s wrong. Just plain wrong.”
So far, all Tommy had established was something he already knew. Humphrey’s tough-on-kids stance had changed three years ago. He still wasn’t closer to finding out why.
Roger Wilcox paced around the four walls of his office, cursing under his breath. That damn kid had lucked out once again. He tried telling himself that it didn’t matter. The boy had been away from Eldridge for almost two months, and nothing had come out about the kid who’d died of pneumonia, or who had really orchestrated the Bishop boy’s beating. So maybe he shouldn’t be worried. Still, the three contracts that were up for renewal were worth $30 million in profits. Not all to him, of course. He had shareholders. But he’d walk away with a tidy sum from that—more than $10 million. He’d lined enough pockets in Tallahassee to ensure the renewals, but politicians were weaselly sorts—give them an excuse to back away, and many would. And now he had the Justice Department on his back.
He’d worked out a plan with Cummings to take care of the boy without raising suspicions once they got him back at Eldridge. Now that damn attorney with her sneaky legal maneuvering had messed it up. Still, maybe it wasn’t bad that Frankie would be returning home, without any FBI agents stationed outside his house. He could get at him more easily now. But was that the smart move? Humphrey was already antsy over the first attempt. If he sent someone out again, Humphrey would know for sure it wasn’t the child traffickers. Would he tell the authorities? Even though his own involvement would come out? Wilcox didn’t know the answer. Better to leave the kid alone. For now, at least.
Jessica was overjoyed when she heard the news from Dani. They could go home—no more Eldridge, no more safe house. Peter Burke had come through, just as Alex had promised his friends would. He’d contacted a dozen other men, and they’d set up a rotating schedule to move in with Jessica and Frankie and watch over them. Sure, she’d have to continue to homeschool Frankie, although school was almost out for the summer. But he was so smart, maybe that was better, anyway. She’d been able to go at his pace for learning, not the pace of his teachers, who had to consider all the children in their classes.
She couldn’t get too excited, though. Dani had warned her that if their appeal was lost, he’d still have to go back. That was months away, though. Maybe once they were home and Frankie was in his own bedroom, his own bed, his nightmares would completely stop. He was still waking up once or twice a week, screaming in terror. The psychiatrist provided by the FBI had helped somewhat. During the daytime hours, Frankie seemed more relaxed. At night, though, in his sleep, terror flooded over him. He would be allowed to leave the house for medical appointments, and Peter or one of the other men would always accompany them. She’d make sure she found someone good so that he could continue with counseling.
Frankie kept asking about Daisy. She’d asked Metzger for her phone number, so Frankie could speak to her. Daisy, too, had been kept in a safe house, cloistered to ensure she could testify against Hollander. She’d returned home yesterday, Hollander’s deal in place, and Metzger gave Jessica her parents’ phone number.
Thankfully, she’d called before giving the number to Frankie. Daisy had been home less than a day when her parents found her hanging from a rope in her room.
