The Appeal
The news was so distressing that Nat was debating whether to tell Sheila. At that moment, he was leaning toward keeping it to himself. And he certainly wouldn’t share it with the trial lawyers. Such sums were so staggering that it might demoralize Sheila’s base.
The MTA president, Bobby Neal, finally hammered out a plan, one that would cost little.
He would send to their eight hundred members an urgent e-mail detailing the dire situation and begging for action. Each trial lawyer would be instructed to (1) make a list of at least ten clients who were willing and able to write a check for $100, and (2) make another list of clients and friends who could be motivated to campaign door-to-door and work the polls on Election Day.
Grassroots support was critical.
As the meeting began to break up, Willy Benton stood at the far end of the table and got everyone’s attention. He was holding a sheet of paper with small print front and back. "This is a promissory note on a line of credit at the Gulf Bank in Pascagoula," he announced, and more than one lawyer considered diving under the table. Benton was no small thinker, and he was known for drama. "Half a million dollars," he said slowly, the numbers booming around the room. "In favor of the campaign to reelect Sheila McCarthy. I’ve already signed it, and I’m going to pass it around this table.
There are twelve of us here. It requires ten signatures to become effective. Each will be liable for fifty thousand."
Dead silence. Eyes were darting from face to face. Some had already contributed more than $50,000, others much less. Some would spend $50,000 on jet fuel next month, others were bickering with their creditors. Regardless of their bank balances at the moment, each and every one wanted to strangle the little bastard.
Benton handed the note to the unlucky stiff to his left, one without a jet. Fortunately, such moments in a career are rare. Sign it and you’re a tough guy who can roll the dice. Pass it along unsigned and you might as well quit and go home and do real estate.
All twelve signed.
Chapter 28
The pervert’s name was Darrel Sackett. When last seen, he was thirty-seven years old and housed in a county jail awaiting a new trial on charges of molesting small children. He certainly looked guilty: long sloping forehead, vapid bug eyes enlarged by thick glasses, splotchy stubble from a week’s growth, a thick scar stuck to his chin-the type of face that would alarm any parent, or anyone else for that matter. A career pedophile, he was first arrested at age sixteen. Many other arrests followed, and he’d been convicted at least four times in four different states.
Sackett, with his frightening face and disgusting rap sheet, was introduced to the registered voters of south Mississippi in a snazzy direct mailing from another new organization, this one calling itself Victims Rising. The two-page letter was both a bio of a pathetic criminal and a summary of the miserable failures of the judicial system.
"Why Is This Man Free?" the letter screamed. Answer: Because Justice Sheila McCarthy overturned his conviction on sixteen counts of child molestation. Eight years earlier, a jury convicted Sackett, and the judge sentenced him to life without parole. His lawyer-one paid by taxpayers-appealed his case to the supreme court, and "there Darrel Sackett found the sympathetic embrace of Justice Sheila McCarthy." McCarthy condemned the honest and hardworking detectives who extracted a full confession from Sackett. She chastised them for what she saw as their faulty search-and-seizure methods. She hammered the trial judge, who was highly respected and tough on crime, for admitting into evidence the confession and materials taken from Sackett’s apartment. (The jury was visibly shaken when forced to view Sackett’s stash of child p**n , seized by the cops during a "valid" search.) She claimed distaste for the defendant, but begged off by saying that she had no choice but to reverse his conviction and send his case back for a new trial.
Sackett was moved from the state prison back to the Lauderdale County jail, where he escaped one week later. He had not been heard from since. He was out there, "a free man," no doubt continuing his violence against innocent children.
The last paragraph ended with the usual rant against liberal judges. The fine print gave the standard approval by Ron Fisk.
Certain relevant facts were conveniently omitted. First, the court voted 8 to 1 to reverse the Sackett conviction and send it back for a new trial. The actions of the police were so egregious that four other justices wrote concurring opinions that were even more scathing in their condemnation of the forced confession and warrantless, unconstitutional search. The lone dissenter, Justice Romano, was a misguided soul who had never voted to reverse a criminal conviction, and privately vowed that he would never do so.
Second, Sackett was dead. Four years earlier he’d been killed in a bar fight in Alaska.
The news of his passing barely made it to Mississippi, and when his file was retired in Lauderdale County, not a single reporter noticed. Barry Rinehart’s exhaustive research discovered the truth, for what little it mattered.
The Fisk campaign was far beyond the truth now. The candidate was too busy to sweat the details, and he had placed his complete trust in Tony Zachary. The race had become a crusade, a calling of the highest order, and if facts were slightly bent or even ignored, then it was justified because of the importance of his candidacy. Besides, it was politics, a dirty game, and you could rest assured the other side wasn’t playing fair, either.
Barry Rinehart had never been shackled by the truth. His only concern was not getting caught in his lies. If a madman like Darrel Sackett was out there, on the loose, very much alive and doing his filthy deeds, then his story was more shocking. A dead Sackett was a pleasant thought, but Rinehart preferred the power of fear. And he knew that McCarthy couldn’t respond. She had reversed his conviction, plain and simple.
Any effort to explain why would be futile in the world of thirty-second ads and snappy sound bites.
After the shock of the ad, she would try to erase Sackett from her mind.
After the shock, though, she had to at least revisit the case. She saw the ad online, at the Victims Rising Web site, after receiving a frantic call from Nat Lester. Paul, her clerk, found the reported case, and they read it in silence. She vaguely remembered it. In the eight years since, she had read a thousand briefs and written hundreds of opinions.
"You got it right," Paul said when he finished.
"Yes, but why does it look so wrong now?" she said. She’d been hard at work, her desk covered with memos from half a dozen cases. She was stunned, bewildered.
He didn’t answer.
"I wonder what’s next," she said, closing her eyes.
"Probably a death penalty case. And they’ll cherry-pick the facts again."
"Thanks. Anything else?"
"Sure. There’s lots of material in these books. You’re a judge. Every time you make a decision someone loses. These guys don’t care about the truth, so they can make anything sound bad."
"Please shut up."
Her first ads began, and they lightened the mood somewhat. Nat chose to begin with a straightforward piece with Sheila in a black robe sitting at the bench, smiling earnestly at the camera. She talked about her experience-eight years as a trial judge in Harrison County, nine years on the supreme court. She hated to pat her own back, but twice in the past five years she had received the highest rating in the state bar’s annual review of all appellate judges. She was not a liberal judge, nor a conservative one. She refused to be labeled.
Her commitment was simply to follow the laws of Mississippi, not to make new ones. The best judges are those without agendas, without preconceived notions of how they might rule. The best judges are those with experience. Neither of her opponents had ever presided over a trial, or issued a ruling, or studied complicated briefs, or listened to oral arguments, or written a final opinion. Until now, neither of her opponents had shown the slightest interest in sitting as a judge. Yet they are asking the voters to jump-start their judicial careers at the very top. She finished by saying, without the smile, "I was appointed to this position by the governor nine years ago, then I was reelected by you, the people. I am a judge, not a politician, and I don’t have the money that some are spending to purchase this seat. I ask you, the voters, to help send the message that a seat on the Mississippi Supreme Court cannot be bought by big business. Thank you."