Murder in Magnolia

Then the voice of the warden came one last time over the phone, "Yes there is. Do me a favor and let me know how it's going from time to time. The first ten years after Barns got here, he had it pretty bad. If he really is innocent, I want him out of here as fast as possible."

"Will do warden, thanks again. Bye." And then the lawyer pushed the button on the speakerphone ending the conversation. When they looked up, Becky was sitting there in tears. He turned to her and said, "It won't be much longer now, I know it's been a long time, but just be patient just a little longer. You'll have him back soon."

The lawyer turned to Johnny and said, "Sheriff, you know anything about this James Rollins character?"

"Yeah he used to be the town's bootlegger for several years until he was almost killed in a car accident. After that he got religion and became a preacher. Also, before he found God he used to be shacked up with my cousin Cindy. He's the one that helped her straighten out her life after she got pregnant." Replied the sheriff.

The lawyer thought a few seconds, "What about this Cindy woman, think she could get him to talk to us?"

Becky spoke up, "I can answer that. I'm pretty sure she will!"

"Know where we can reach him?"

"Sure, he has a small church just outside of town, holds service every Wednesday and Sunday", replied Johnny.

That Wednesday, Howard Booth, Becky and Cindy all met at the small church run by the ex-bootlegger turned preacher James Rollins. With the service over, except for the preacher's car, the parking lot was almost empty.

The preacher didn't even resemble the man Becky had seen years ago. Gone were his pot belly and most of his hair. There was a deep scar running down the left side of his face from just under his left eye to his jaw. Becky noticed the man now walked with a slight limp on his right side and didn't seem to use his right arm very much.

"It's been a long time Cindy; how are you doing? Let's go inside so you can introduce me to your friends." Asked the minister as he led them into the small rural church. When they were all inside, he motioned for them to have a seat on one of the pews.

Cindy said to him, "You remember Becky don't you? This is Howard Booth; he's an attorney from Atlanta representing Ethan Barns. They want to talk to you about that gun you sold Sammy."

"I had forgotten all about that. It was a long time ago and I was a different man then. I'm not proud of the things I did back then and I guess I try not to think about my old life too much." The preacher confessed as he stepped back a few paces and sat down on one of the steps leading to the pulpit.

Cindy looked the man directly in the eyes and said, "Sammy and Bert have been bragging that they came out to your trailer just after the shooting and pressured you to report the gun stolen. Is that the way you remember it?" She knew he wouldn't lie to her. He was right; he really wasn't the man he used to be.

James thought about it a few seconds.

"Don't you remember? You were there that day. After you answered the door, you called me and told me that they wanted to talk to me. I remember being mad because they had you wake me up early that day." He replied.

Cindy suddenly looked embarrassed; "I must've already been too drunk at the time. I don't remember any of it. Was I in the room when the three of you talked?"

"No, after I went to the door, you went back to the bedroom and turned on the TV. By the time they left, you had finished off half a bottle of Scotch. That's probably why you don't remember any of it." He told her. He remembered how she had hit on her cousin but decided to leave that part out.

Becky asked, "So what really did happen that day?"

"Well, they pretty much told the truth. They came out to the trailer and told me that if I didn't report the gun stolen they were going to tell everyone that I traded the gun to Ethan for some beer that I was going to sell in the high school parking." The preacher starting rubbing his right hand nervously, he was obviously uncomfortable talking about it.

It was then that the attorney asked, "Would you be willing to say that under oath reverend?"

"Yes." Replied James.

The lawyer said to him quite seriously, "Do you understand that you can be charged not only with perjury but also with filing a false police report?"

"Yes, I understand, but it's time the truth were told. I did a lot worse than that when I was young. If that's all I have to pay for, I'll consider myself blessed. Will tomorrow morning be okay?"

Delighted, the attorney answered, "That will be fine. Will you be able to ride with us up to my office in Atlanta?"

The next morning they all met in the office of the attorney. In the lobby, Becky, Cindy and the sheriff waited patiently. Two hours later, with the affidavit completed, Howard Booth came out of the conference room and began speaking, "I'll file the motion with the Georgia Supreme Court tomorrow and get us on the calendar, then I'm going to call the D.A. of yours sheriff and have him come up here for a meeting. After that, it's just a matter of time before we get a hearing.

When the others were gone, Howard Booth went into his office and placed a call to Roger Foster, the county D.A. and asked the prosecutor to meet him in his office the following day after lunch. Howard told the man that he had important information regarding a case that he could only disclose in person. "Make sure and bring Sheriff Wilkins along, will you? This concerns him too." He added.

At about 1:32 P.M. the unsuspecting prosecutor walked into Howard's office and sat comfortably in a chair next to the sheriff.

Wasting no time, Howard pushed the play button on the remote for the DVD player and the video of sheriff's conversation with Foster began playing. When it was finished, Foster rose to his feet and began shouting, "Where did you get that video?" Then he realized how the lawyer had gotten it and turned to the sheriff and said, "If you've shown this to anyone else I'll..."

He was cut off in mid-sentence.

"Sit down! Shut up! I'll tell you exactly what you're going to do!" Howard yellowed back at the man. It took the county prosecutor by surprise and very slowly he sat back down.

"Even though you don't deserve it, I'm going to give you a way out of this mess." Howard paused a second to allow the man time to cool down.

"You and I are going to file a joint motion for appeal with the Court first thing tomorrow morning. When it comes up, you're going tell the court that you can personally verify the credibility of not only every witness but also that of the evidence. Furthermore, you're going to say that you were with the sheriff here when he found the knife behind an evidence rack at the police station. Oh, yeah, I almost forgot. On your recommendation, the county is going to settle quietly with Mr. Barns for ten and a half million dollars. Do you understand what I'm saying?"

Foster started to protest, "But when word of the sheriff's part in this gets out, I'll have every con the county ever put away filing appeals from now until the end of time."

"I hate it for you! At least you wont be in jail." Responded Howard, he made no attempt to hide his contempt for the prosecutor.

Foster was red faced, "But it'll bankrupt the county! It doesn't have that much money!"

"Shut up! I'm not finished yet! The Harris family bled that town dry for too damn long. It's about time they gave something back. So here is what your going to do, you are going to contact them and tell them that if they don't make a sizable donation of say, twenty million dollars, to the county, I'm going to contact the Georgia Bureau of Investigation, the State Attorney General's Office, the U.S. Attorney General's Office and the I.R.S. and make sure every thing they have done for the last thirty years gets put under a microscope. You can tell them that I already have sworn affidavits from several former employees, everyone of which is just dieing to be put on the stand and testify about what they know. Before you leave, the sheriff here is going to tell some of the juicer things he knows about them to help you convince them." Howard was serious about everything he told the man except that part about the affidavits. It was a blatant lie, but he had a feeling that the Harris family wouldn't want to take the chance that he didn't.

"Just incase any you or the Harris family get any cute ideas, remember this, I've made ten copies of this video and given them to some people I know. Not one of them knows that the others have the video. So if anyone did figure out whom one of them was and decided to 'persuade' them to disclose the names of the others, they'd be wasting their time.

Do I have to tell you what will happen if anything happens to myself or anyone else that has the video? "

Foster knew when he was beaten. He simply nodded affirmatively.

Four hours later, Foster had enough dirt on the Harris family to put most of them away for twenty years. And, after having familiarized with the case by Howard and Johnny, he could easily handle it when the time came.

Once he had time to cool off, Foster realized that it was the best solution for everyone. Even though he hated to admit it, Howard had been right. The Harris's had sucked the life out of the county for years and crushed everyone that ever got in their way.

He wasn't as lazy as the sheriff and Howard thought he was though. The only real thing he had been worried about was that the appeals would bankrupt the town.

That night, after the sheriff and he checked into a hotel. He sat down with the man and attempted to determine the potential damage to the county. He was amazed to find out that the situation was far better than he had thought. It seemed that the sheriff's uncle, the old sheriff, had been for many years at odds with 'Doc' because he refused to let the old man have any real influence over the sheriff's department. Other than a few people being pressured by the sheriff's office to leave town and looking the other way when ever a member of the Harris family got into trouble, of course, the department was actually clean. In the end, the county would come out ahead from the affair.

After they each returned to their room, Foster spent the rest of the night trying to figure out if there was a way he could patch up his working relationship with the sheriff. He really did respect the man, and it didn't do very well to have to work with a sheriff that hated your guts. He decided that the best thing to do was to simply go to the lawman and tell the sheriff the real reason he had not wanted to pursue the case. Then, hope for the best.

Chapter Eleven -- "The Appeal"

Friday, May 29 2008

"The court has before it a sworn affidavit from the current sheriff, then deputy, of Magnolia, in which he recants his previous testimony and states under oath that he found evidence germane to the defense's case the before the original trail had concluded and was pressured by both the prosecuting attorney and the sheriff at that time to, and I quote 'loose that evidence and never mention it again'." The judged paused before continuing, "You have also presented to the court a copy of the forensics report from the state crime lab that clearly states that the only prints on the knife were those of the deceased. Does the state wish to challenge the validity of this evidence?"

Oglethorpe answered meekly, "No your honor."

"How long have you known about this?" One of the other justices enquired.

The man lied, "My office was made aware of it two weeks ago Your Honor. It took that long to verify its authenticity." He had known about it for at least a month ever since Johnny had come to him and asked him to reopen the case. He was just glad that Johnny had omitted that fact in his sworn testimony.

"Does your office have any credible evidence to support the state's previous assertion that the petitioner is guilty of the crime he was convicted?" Came the voice of one of the female justices.

The D.A. answered truthfully, "No Your Honor."

"Then we're prepared to rule." The Chief Justice said before taking a long breath, "We accept the claim by the county and the appellant that the defendant was denied his right to a fair trial as he was entitled to under Article Six of the United States Constitution.

The Court finds that the appellant has demonstrated that there was sufficient creditable evidence available to the prosecution at the time that would have supported the defense's assertion that the decedent was killed in self defense. The court also finds that the then prosecutor actively conspired to withhold evidence germane to the defendant's case from the defendant's attorney. Therefore, we set aside the original verdict and rule in favor of the appellant. Since the county admits that it can produce no evidence to support its original claim that the appellant is guilty of the crime he was charged with, we grant the appellant's motion for acquittal and order his immediate release."

"Where is the original prosecuting attorney?" Demanded the Justice.

They were told, "Mr. Rutledge died two years ago of prostate cancer."

"And where is Sheriff Benson now? For that matter, where are the three other persons who orchestrated this travesty, Doctor Harris and his two nephews Bert and Sammy Oglethorpe?" Asked the Chief Justice.

The county prosecutor answered solemnly, "Sheriff Benson was killed responding to a domestic dispute six years ago and the coroner, Dr. Harris last year from a stroke. Both his nephews are three time losers already serving a life sentence in the state prison at Columbus."

"It saddens me to know that there is very little that the state can do to provide Mr. Barns the justice he deserves after spending so many years in prison." Stated the Chief Justice in disgust. "I speak for every member of this court when I say that in all our combined years of public service we have never seen a greater example of judicial misconduct. The malfeasance committed by not only an officer of the court but also a member of law enforcement is so grievous in nature as to warrant a full investigation by the Attorney Generals office and it is so ordered. Perhaps he can find some way of ensuring that Mr. Barns receives the justice he so rightfully deserves!" Exclaimed the robed magistrate as he banged his gavel down forcefully.

And as the sound echoed the courtroom, after fifteen long years, Ethan Barns was a free man.

Chapter Twelve -- "The Free Man"

The warden had been notified that Ethan's appeal had been moved up at the last minute. Upon receiving faxed conformation from the county prosecutor that Ethan had won his appeal and his conviction had been not only overturned but the death ruled self-defense, the warden called his various minions and started the paperwork necessary for Ethan's release.

By the time Ethan's work detail returned to the prison for lunch, the paperwork was all but completed and the warden had already had the man's clothes and personal effects brought to his office. With his clerk standing by, he informed Ethan of his freedom. After spending thirty minutes on the phone with Howard getting the details, two guards escorted Ethan to the showers used by the guards so he could shower and change into his civilian clothes. Ten minutes after that, Ethan was walking a free man out of the prison to a waiting taxi.

Fearing possible investigation by more government agencies than they wanted to think about, the Harris's wasted no time in making their most sizeable donation to the county coffers, in exchange for documents for immunity from prosecution that is!

At Howard Booth's insistence, Foster had a cashier's check in the amount of $100,000 wired to a bank in Columbus and the check was waiting for Ethan upon his arrival. The money would be deducted from the 10.5 million dollar settlement.

Foster had even made a few calls to the D.M.V. and had Ethan's inmate license upgraded immediately. A certified copy of it was also waiting for him at the bank when he got there. Ethan deposited $50,000 and took the rest in cash.

Upon leaving the bank, Ethan had the taxi driver take him to one of the local Ford dealerships. As they pulled into the dealership, Ethan saw exactly what he wanted and upon getting out of the taxi, he walked into the lobby and asked to see a salesman.

He said to the man, "I want to buy that candy-apple read Mustang and I've got cash. If you can't have me out of here in thirty minutes I'll go somewhere else. Is that a problem?" The man saw the taxi with its motor running outside and politely asked to see the money. Ethan showed him the envelope containing the cash causing a big smile to appear on the salesman's face.

The taxi paid and dismissed, Ethan and salesman sat down to begin the necessary paperwork. While they were doing so, the manager of the dealership came over and politely asked Ethan if he would be offended if the man verified the authenticity of the money.

Ethan told him no and handed the man the business card the bank manager had given him along with the receipt for the cash withdrawal of $50,000. Howard had told Ethan that if asked for his address to give them the address of his office. It came in really handy when they were talking to the insurance agent over the phone making sure the car was insured. Two minutes later, the manager returned apologizing profusely to Ethan and asked if there was anything he could do to help move things along.

Exactly twenty minutes later, Ethan was in his brand new car and on the highway back to Magnolia.

The drive to Magnolia seemed to take forever, which gave him plenty of time to think.

In his conversation with Howard Ethan had learned a lot. The man had told him how Becky tirelessly worked to get his freedom. That she had never married and had waited for him all that time.

Upon hearing the lawyer's words, Ethan felt the heavy burden of guilt fall upon him. He felt horrible for not having returned responding to her calls, letters and requests to see him. He had meant well, but in hindsight, he could see now that it was the wrong thing to do. 'It's a wonder,' he thought to himself, 'that she didn't give up on me.' Like Ethan, she had lost the last fifteen years of her life.

The difference was, she had done so willingly and he wondered how he would ever live up to her expectations of him. He didn't know, but he did know that he would spend the rest of his life trying, not just because he owed it to her, even though he did; but also, because he still loved her. It was that love for her that had kept him going all those years.

As impatient as he was to be reunited with his love, Ethan found he enjoyed the simple freedom of the drive back to Magnolia. He took end the landscape along the way as he passed field after field covered with the trademark red soil made so by its high iron oxide content.

Along the side of the road almost the whole way from Columbus to Magnolia grew the Kudzu that was so prolific ever since U.S. Soil Conservation Service started promoting it as a forage plant in 1935.

There is still debate to this day where it is a benefit or menace but perhaps the real answer came in 1950. That was the year that the U.S. Department of Agriculture removed Kudzu from its list of acceptable covered crops only to reclassify it as a weed in 1972.

It turns out that the original promoters of the vine underestimated the fact that it grew up and out at an astounding rate of sixty to a hundred feet per season, engulfing and smothering just about every form of plant life in its path. Menace or not, it gave a distinctively rain forest appearance everywhere it grew as it literally covered everything it came in contact with.