False Convictions

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Authors: Tim Green
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samples they may have taken from Cassandra Thornton that would have her attacker’s DNA.”
    “Of course, I’m sorry,” Marty said, the blotches on his face blooming across his pale cheeks. “You think they even have that?”
    “I know they do,” Casey said. “We just have to get it. Can you get us in to see the judge?”
    “I can try,” Marty said, stroking the dark fuzz on his upper lip. “The Rotary is having a fund-raiser for him today, a lunch.
     Even if we can’t get into his chambers, we could grab him there.”
    “I don’t care where,” Casey said. “I just need to see him and I need to have him in our corner.”
    “I got both of those covered,” Marty said. “It would be good if you bought a ticket, though. They’re only fifty dollars, but
     things like that go a long way with the judge.”
    Casey bit her tongue and said, “We can do the lunch. Tickets are no problem, but try to get us into his chambers if you can.
     I want this done right.”
    “How’d you like my brief?” Marty asked, thin and eager in his white shirtsleeves, his black suit coat having been hung over
     the back of his chair.
    Casey hesitated, then said, “It needs a little work, but I got the general idea. Besides, if we get this order, I’m not going
     to even bother to spank the chief. We can work right around him.”
    “I’m glad,” Marty said. “My uncle said I’d have to withdraw if it came to that.”
    “Your uncle?” Casey said.
    “He heard about the brief I was working on,” Marty said.
    Casey glanced at Jake, then said, “Marty, I can’t have you talking to anyone about what I’m doing.”
    Marty’s blotches turned a deeper red. “My uncle’s the head of the firm. Everything we do is in confidence. That’s basic ethics,
     right?”
    “We’re talking about a man’s life here,” Casey said. “I’ve worked in a firm, too. When people know, things slip, I’m not saying
     intentionally, but we can’t have the other side knowing our next move.”
    “What other side?” Marty asked.
    “Whoever is trying to keep us from setting Dwayne Hubbard free,” Casey said, studying him. “For whatever reason.”
    “The police said getting rid of the evidence was just part of normal procedure,” Marty said. “You know that, right?”
    “And I don’t believe them,” Casey said, leaning forward. “You know
that
, right?”
    “But my brief,” Marty said quietly. “I’m no Shakespeare, but you got it that the police have no legal duty to preserve evidence
     once all the appeals are done, right?”
    “I got that, finally, yes,” Casey said calmly. “What I couldn’t get a clear handle on, and what I doubt you have a clear handle
     on, is whether or not their mismanaged approach—destroying evidence from 1989 before they’d finished with 1988—violated our
     client’s civil rights or the Fifth and Fourteenth Amendments.”
    Marty wrinkled his face.
    “Exactly,” Casey said. “So, since you’re not in tune with the gravity of what’s going on, and since everything you say to
     other people in this firm—especially your uncle, the judge’s fund-raiser—might as well be on the front page of the
Auburn Citizen
, I need you to keep everything
strictly
confidential. If your uncle wants you to withdraw, then do it now, but don’t compromise what I’m
doing
here.”
    Marty swallowed and clutched a pen in his hand. He glanced guiltily at Jake as he nodded slowly.
    “I’m sorry,” he said.
    “All right,” Casey said, standing. “Let’s forget it and move on. We get the DNA from these swab samples and it all might not
     matter.”
    “I’m really sorry,” Marty said, looking up at her and digging in his ear.
    “I know. It’s okay,” Casey said. “We’ve got some other things to do, but I’ll be expecting your call after you line up the
     judge.”
    When they got back out on the street, Jake asked, “How did you end up with him?”
    Casey explained the political grease Marty’s

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