Tribes of Time, page 16
“I’ll be there in about ten minutes, we’ll wait outside.” Milford hung up the receiver and made one final call before heading out the door.
“Appellate Courts, how may I direct your call?” the voice on the other end asked.
“This is Assistant State Attorney Milford; may I speak with Justice Kellerman?”
“I’m sorry Mr. Milford, but I was instructed not to field any calls from your office in reference to this case. The Justices feel it would be highly questionable and improper to speak with you prior to hearing your argument.”
Milford said he understood and hung up the receiver. He was beginning to wonder just how much juice Roderick possessed, never had he been denied access to the Justices. Milford conceded his political clout would not be an asset for him based on the high media attention attributed to this case. He picked up his attaché case, overnight bag and walked out the door to pick up Terrance for their trip to Knoxville. The suburban pulled in front of Terrance’s house and tooted the horn to let him know they were outside waiting. Terrance emerged from the residence and stopped on the threshold to give his wife a hug and kiss goodbye. Terrance jumped in the Suburban unsure what to expect in Knoxville, this was his first Appellate Court case and he felt a little out of his league. After stopping at Terrance’s office briefly, the suburban jumped on the highway Knoxville bound. Around 8:30pm both teams arrived in Knoxville and settled in for the rest of the evening, mentally preparing to wage battle the next morning. The phone rang in Roderick and Haines’ room at 7:00 am for the customary wakeup call; but both men were already up and dressed when it arrived. They exited their room and knocked on the next door down, which was Nilsson and Michaelson’s room. The door opened and Roderick and Haines entered the room.
“Morning fellas, you wanna go down for the continental breakfast before we leave for the Appellate.” Roderick inquired.
“I could use some coffee and maybe a bagel” Nilsson responded. With that everyone left the room heading down to the cafeteria. At the Milford home it was more of a traditional breakfast with one exception; the table was being attended by a Butler and House Matron.
“Winston we have to nail this one, we don’t want this case tried outside of Cumberland County.”
“This is my town and I’m not about to get my ass whupped in my own backyard.” Milford’s wife admonished them for talking business in front of the staff.
“They work for us but belong to the community, if you know what I mean.” She said with a tilted head indicating they’re listening to everything being said.
“That’s why I love you dear, you keep me grounded.” He then leaned over and gave her a peck on the cheek. With breakfast over, Milford and Terrance drove over to the Appellate Courts and parked in the reserved stalls for government officials. While the driver was parking, Milford observed Roderick’s team walking along the sidewalk heading to the Appellate Courts also.
“Here they come Terrance, put your game face on.” The two groups merged into one.
“Morning Mr. Milford.” Roderick said with a smile as the two men came face to face.
“I hope it’s going to be a good morning Mr. Sprewell.” Haines and Milford exchanged hard looks as the teams separated and walked up the cascading steps leading into the vestibule of the Courthouse. The court Bailiff came out and ushered them in after about an hour or so of waiting. The formalities of Appellate Court were different than District or Circuit Court. When the men walked into the courtroom, they were greeted by a long bench with six of the twelve Appellate Court Justices; albeit Justice Kellerman, who had recused himself from the process. Instead of two podiums, there was one placed dead center of the Justices’ bench. Each man was afforded twenty minutes to make their argument and the Justices’ would then render their decision. Roderick was instructed to present his motion. Roderick stepped up to the podium and began his argument.
“Your Honors, as we have evidenced in the motion; we strongly believe this case is being adjudicated in the wrong venue. As stipulated in exhibit A, the scene of the alleged crimes occurred within federal jurisdiction; and the appropriate venue to have this case heard would be in a Federal Court. I’m positive my esteemed colleague Mr. Milford will attest that the site in question is under the auspices of Cumberland County; which would be partially correct, but only on one point. Yes, the site does fall under Cumberland County only as far as to its usage and maintenance. The Federal Government, specifically; the Department of Engineering and the Department of Defense still owns the property. If you review the attached contract of 1931 between the U.S. Government and Cumberland County; it states verbatim ‘The proposed partial of land being allocated to Cumberland County will remain under the full jurisdiction of the United States Government, but possession ship will be transferred in whole to Cumberland County to alleviate flooding in low laying regions of the County. Maintenance and up keep will be the County’s fiduciary responsibility.’ I ask that this legal document be taken in its entirety. We’re not asking Cumberland County to pay any damages nor are we asking them to cede any lands; therefore it only proves that legal jurisdiction reside at the Federal level. Thank you your Honors for taking time out of your busy schedules to hear my motion.” In the brief time it took for Roderick to get back to his seat and for Milford to take his place at the podium, the Justices’ were writing copious notes for themselves. Milford gave them a few more seconds before he began his argument against the motion.
“Your Honors, I’m sure you’re well aware of Mr. Sprewell’s previous attempt to have this case changed to another venue. When that was unsuccessful, he took his argument to another Judiciary in hopes to circumvent one of your colleagues decision. This isn’t a question of jurisdiction, it’s a question of taking responsibility for Mr. Johnson’s action and which venue would be more sympathetic. Seventy-four years ago when the county fathers assisted in drafting the agreement presented by Mr. Sprewell, they didn’t expect incidents like these were possible. In fact, other crimes committed in the area have not been adjudicated on a Federal level, but on the State level. If this petition is allowed I feel it will cause irreparable damage to the legal process in Cumberland County. This is a State issue and we’re asking that you allow it to remain within the State’s jurisdiction. Again sirs, thank you for your time.” Milford walked back to his table and sat down while the Justices deliberated among themselves. The Chief Justice asked each Justice to send their decision down to him. Each Justice passed down their decision transcribed on a small piece of paper. The Chief Justice read each of his counterparts decision, entered the decision in court records before speaking. Finally he rendered their decision.
“Gentlemen, the court has come to a decision on a vote of five to one that this case be remanded to the Federal level. I will assign this case to the Federal Courts in Wilmington, North Carolina with a docket two months from now.” He then tapped his gavel to announce the end of the proceeding. Milford was dumbstruck, but had one last question of the justices.
“Your Honors, may I please poll the Justices?”
“If it will allay your questions; I was the lone Justice in favor of keeping this at the State level. The other Justices felt since it was a Capital crime committed on a Federal installation; the jurisdiction should be adjudicated federally.”
“Thank you Sir.” Milford stated dejectedly. He picked up his paperwork and placed them in his attaché case. Roderick walked over to shake his hand before leaving, but Terrance blocked him and whispered.
“Not right now Mr. Sprewell.”
“I understand, I see that you’re a better man Mr. McClendon. I look forward to seeing you in Wilmington.” Terrance and Milford afforded Roderick and his team time to get distance from them before they left the courtroom. Terrance was seriously concerned that Milford would go ballistic once he wasn’t in the presence of the Justices; and he did not want anything to further damage their credibility before the case was heard in Wilmington. Milford was definitely concerned because North Carolina was considered the beltway to the “New South”, a true crux to the way of thinking in Cumberland County. Haines suggested they stop and get some barbecued ribs and grape sodas to celebrate before heading back to Ocelia.
CHAPTER 22
ELEEMOSYNARY
V
ernon was sitting in his office talking with Detective Widmann and Deputy Bougalaise when he received the call from Milford informing him that the case was referred to the Federal Courts in Wilmington, North Carolina.
“Tell me how the hell that can happen when the crimes were committed in Cumberland County; it just doesn’t make any damn sense Winston.” Vernon snapped into the receiver. The other two men in the room just sat quietly as Vernon continued his conversation.
“This damn DC lawyer Cyrus retained is more competent than I gave him credit for; we have a real battle on our hands. The Wilmington area doesn’t have the same southern mentality as us anymore; more goddamn northerners live there than southerners.” Milford was referring to the “old South” way of thinking; which Cumberland County has fought hard to preserve.
“Fuck the Federal Courts, I can handle this myself. My Brother-In-Law was killed by those coons and left my sister a widow. I don’t need a law degree to judge this one.” Vernon was now talking non-sense and Milford had to reel him back in.
“You listen to me Vernon, don’t do a damn thing until I get back. In fact don’t even leave your fucking office; do you understand me? We can still salvage this case, but not with you going all vigilante on me.” Vernon slammed the phone down, yanked open his desk drawer and pulled out a bottle of Southern Comfort and took a swig directly from the bottle.
“How can a simple coon hunt go so terribly wrong, can either of you tell me that?” he rhetorically asked the two men still in the room, who were too afraid to even venture an answer. Vernon knew he had to call Clara and give her an update on the case; she’s been in his ass since day one. He excused Detective Widmann and Deputy Bougalaise, then reluctantly picked up the receiver and dialed her number.
“Hey sis, it’s me Vernon.”
“Don’t you think I would know your voice by now, stop lolly-gagging and tell me what those boys over in Knoxville had to say?” Clara of late had not been in the mood for small talk.
“Not good sis, Winston just called and said the trial is going to be held in Wilmington, North Carolina.
“NORTH CAROLINA! But Cumberland County’s in Tennessee. Even a damn fool knows that….” Before she could finish blowing out his eardrum, he cut her off.
“Sis it’s because the case in going to be held in Federal Court not State Court. Winston explained that the sloughs still belong to the government.”
“How can the sloughs be owned by the government?”
“Remember those stories Grand pappy used to tell us about soldiers being here during the First World War? Well, the sloughs used to be part of a base called Camp Alabastar. They created the sloughs, which were actually trenches to prepare troops for Europe; before the county filled them with water.” Clara’s voice tapered off into a miniscule whimper and Vernon knew she had broken down into sobbing. He said he’d be over as soon as he could, but he had to wait for Winston to return to town. Clara never said goodbye and just hung up the phone. Vernon listened to the busy signal for a few moments before setting his end in the cradle. Vernon left his office and walked down the hall to the Criminal Investigations Division to resume his conversation with Detective Widmann.
“The reports submitted by Dr. Hearne, let’s continue to go over them.”
“As I was saying before Milford called, the reports indicate there are over fifteen different human DNA samples extracted from the bugs she caught; and that doesn’t include the eight known samples.” Vernon asked Widmann to hand him the reports from Dr. Hearne and removed the sections containing that information. Widmann didn’t say anything, he just watched as his superior altered documents.
“Okay, take this to Terrance’s office and hand it over to his office assistant.” Widmann left the office to deliver the manila envelope as Vernon had requested without any questions. When Widmann had left the office Vernon placed the pages in the shredder and hit the on button. Vernon then called Dr. Hearne on her cell phone and thanked her for their services; but since the trial was set for two months from now she could go home. After Vernon said goodbye, she continued on with her work.
“We’ve been out here almost a week now guys and we can pretty much go home.” She informed her students that Vernon had released them. The students accepted the news as if they were being emancipated. The mosquitoes and chiggers had taken their toll on everybody; the only person that benefited from it was the local grocer, whose sales of Calamine lotion tripled during their stay.
“Okay people, let’s make sure we graph and digitally survey the areas where the insects with human DNA were captured. I need this data before we can pack up and leave.” Dr. Hearne still had reams of information to download onto her flash drive. She didn’t believe in leaving everything on her computer’s hard drive; a cautionary measure she developed. Her team worked for another eight hours on capturing and downloading information before breaking down camp. Once the team had packed everything, she had one of the Deputies still assigned at the site to take them to the Ocelia airport for their trip back to Knoxville. All she could think of during the drive to the airport was a long hot soaking bath waiting for her at home. The team had been taking cold “camper’s” showers from a make shift shower for the week; and she never felt that it helped to get the grim off of her. Dr. Hearne boarded the plane and hoped to god it was the last time she would be working in Cumberland County; she felt it oddly arcane from the rest of the state, a warp in time. Detective Widmann was just returning from Terrance’s office when he saw the suburban’s pull back into town from the east end. He waited in front of the Sheriff’s office until they exited the vehicles, and then approached them.
“Terrance I just dropped off some more preliminary reports to your office, would you like me to forward a copy to Mr. Sprewell?”
“Let me review them first, there may be some exculpatory information contained within; and I’d want a handle on that before he gets it.” Detective Widmann said no problem and went back to the Criminal Investigations Division office to continue working on his evidence. Milford and Terrance were following close behind chatting.
“I like that Detective; he’s very thorough in his investigations, not lazy like the rest of these bums.” Terrance said praising Widmann’s work ethic. When they arrived at Vernon’s office he was sitting with his back to them talking on the phone.
“Listen Kantz, we need everything you have documented up to this point, that shouldn’t be too hard since you have four more hands to assist you. Also when will you be able to release the bodies to the families?”
He heard rustling behind him and swung his chair around to see Milford and Terrance standing there.
“I gotta go Kantz, Winston and Terrance just got back. Remember what we discussed. I also need those reports.” Vernon had a lot to say to them and he was through holding his tongue.
“I’m surprised you two have the nerve to show your faces here in Ocelia. You got your lily white asses handed to you, not once but twice by those spooks. And you Winston, don’t you ever talk to me like that again; I’m not one of your little office boys. I’m not stupid enough to go do something to Cyrus right now; I was just venting my frustration.”
“I didn’t mean it like that Vern, you sounded like you were going to unleash the fire of Hades upon the bottoms; I was just trying to calm you down.”
“How about next time we don’t do it the legal way, like when our daddies were alive.” Vernon said
“That’s exactly how we ended up with this mess, doing it our daddies way; wouldn’t you say?” Terrance brought the two cousins back on task and asked if Vernon had anymore reports for him, other than the one Detective Widmann dropped off at his office. Vernon said that the second sets of autopsy reports were almost complete; and he just spoke with Dr. Kantzebedian to put a rush on them. Milford stated it had been a long week and that he would be returning to Knoxville to attend a State function, but would return in a week or so. Milford told Terrance to forward him any new information he gathered in his absence. He then said he was going back to the hotel to sleep for a few hours before getting back on the road. Terrance also said he would be going home to spend some time with his wife.
Vernon was left alone in his office putting off the inevitable visit to Clara’s house. Roderick pulled into the Pig Pen rib joint off Martin Luther King Blvd; he had eaten there before while at a summit and knew they had the best ribs in Knoxville. The men were still happy and excited for winning their motion for venue change. Michaelson was the man of the hour for his astute memory in remembering Cyrus history lesson on the creation of the sloughs. The men entered the restaurant and picked a center table.
“I think I’m going to have a Memphis style rib sandwich.” Roderick said.
“Memphis style? Boy you know Alabama has the best barbecue” Haines replied. That comment started the friendly battle of which region had the best barbecue; which Nilsson was again left in the dark, but he tried to get in on the cracking.
“Tony Roma’s is the best barbecue.” He said. All the other men became quiet and just looked at him; then simultaneously broke into laughter.
“Don’t worry Haakon; we’ll school you before this is over.” Michaelson said still half laughing and talking at the same time.
“By the time we’re through you’ll have your ghetto pass.” Haines said which caused the men and even Nilsson to break out in laughter. The men enjoyed their camaraderie over good ribs and grape sodas. Haines and the boys decided to stay in Knoxville to check out the clubs. Haines called Cyrus and Ella to inform them that the case was vacated from the State level and remanded to Federal Courts. He also informed them that they would be staying the night in Knoxville and not to wait up for them. Ella expressed her happiness for them and told them to enjoy themselves.
