self-promoter's pride, a description of himself as "cunning and devious." "You can call me cunning and devious," he would say with a chuckle, "just as long as you don't call me dishonest." He loved the law and he loved the game-the strategy, the moves and countermoves-and he was good at it, particularly in front of a jury. Like all good performers, he knew his audience.
But like every good lawyer, he also knew that most cases were won by thorough preparation. He sent investigators out to interview every witness, follow up every lead, read every document, and look under every stone. Sooner or later, he usually found something, some discrepancy or contradiction, to hang his case on. And he pushed the law to its limit: His obligation to his client was to uncover and exploit every loophole and every technicality in the law, to use every trick in his bag, while staying within the bounds of legality, if only by one millimeter. He was not morally concerned about or responsible for his client's behavior-he was, in his own words, a "hired gun." His sole concern was keeping his client a free man (and getting paid).
In the burglary and theft cases, McFadin saw clearly that there would be no case against his client without the testimony of Alice and Marty. McFadin took their depositions more than a year after the charges were filed, and both women completely recanted their earlier statements. Alice swore that Miller and Rhoades had threatened and coerced them into making the statements, and that none of the information was true. She and Marty had said what they said because they were mad at Ken and wanted to get even with him. (Their earlier statements confirmed that they had indeed been mad at him.) Lance was not surprised, but he was angry. He knew he had no choice but to dismiss all the charges, (including the one for jaWtoeaVing. Right then and there based on the deposition, he threatened to file perjury charges against the women. Alice asked McFadin to represent her, but he declined because of the obvious conflict of interest. The cases were dismissed, confirming for McElroy the rule of "no witnesses, no case." Nothing came of the threatened perjury charges.
The only good thing resulting from all of this, in Sheriff Miller's mind, was that the hog theft and cattle rustling came to a complete halt.
Alice returned to the McElroy farm near Skidmore. Not much had changed-Ken was gone most of the time, leaving Timmy to look after her and Juarez. Ken had a fear about being trapped on the farm, being unable to move. If a heavy snow began falling, or he heard that a bad storm was coming, he would take off and stay gone until the storm had passed and the roads were clear and dry. When he did come back, there was no telling what might be in store for her.
Tony died in 1970, and Mabel and Timmy moved to the small house down the road. Mabel took Tony's death hard, and some family members feared that she wouldn't last long, but they underestimated her strength. Alice turned to Mabel for comfort, talking to her about her problems with Ken, and Mabel listened by the hour. She cared about people in an old-fashioned way, and Alice knew Mabel could feel what Alice was feeling and understood her in her heart. Mabel consoled and encouraged Alice, and did what she could to make things better at home.
If Ken told anyone how he was feeling, if he confided to anyone his fears and anxieties about how his life was turning out, he talked to his mother. Others in the family tended to stay away from him, to leave him alone, but Mabel encouraged him to come to her and talk. She knew about some of his activities and what he was becoming-she had to go to court and put up the surety bond every time he got arrested, and she could see the marks on Alice. She talked to him about it, particularly about what he did to Alice, but she never judged him or shunned him. The most upset she ever got with Ken was when she learned that Alice and Juarez were going to leave
But like every good lawyer, he also knew that most cases were won by thorough preparation. He sent investigators out to interview every witness, follow up every lead, read every document, and look under every stone. Sooner or later, he usually found something, some discrepancy or contradiction, to hang his case on. And he pushed the law to its limit: His obligation to his client was to uncover and exploit every loophole and every technicality in the law, to use every trick in his bag, while staying within the bounds of legality, if only by one millimeter. He was not morally concerned about or responsible for his client's behavior-he was, in his own words, a "hired gun." His sole concern was keeping his client a free man (and getting paid).
In the burglary and theft cases, McFadin saw clearly that there would be no case against his client without the testimony of Alice and Marty. McFadin took their depositions more than a year after the charges were filed, and both women completely recanted their earlier statements. Alice swore that Miller and Rhoades had threatened and coerced them into making the statements, and that none of the information was true. She and Marty had said what they said because they were mad at Ken and wanted to get even with him. (Their earlier statements confirmed that they had indeed been mad at him.) Lance was not surprised, but he was angry. He knew he had no choice but to dismiss all the charges, (including the one for jaWtoeaVing. Right then and there based on the deposition, he threatened to file perjury charges against the women. Alice asked McFadin to represent her, but he declined because of the obvious conflict of interest. The cases were dismissed, confirming for McElroy the rule of "no witnesses, no case." Nothing came of the threatened perjury charges.
The only good thing resulting from all of this, in Sheriff Miller's mind, was that the hog theft and cattle rustling came to a complete halt.
Alice returned to the McElroy farm near Skidmore. Not much had changed-Ken was gone most of the time, leaving Timmy to look after her and Juarez. Ken had a fear about being trapped on the farm, being unable to move. If a heavy snow began falling, or he heard that a bad storm was coming, he would take off and stay gone until the storm had passed and the roads were clear and dry. When he did come back, there was no telling what might be in store for her.
Tony died in 1970, and Mabel and Timmy moved to the small house down the road. Mabel took Tony's death hard, and some family members feared that she wouldn't last long, but they underestimated her strength. Alice turned to Mabel for comfort, talking to her about her problems with Ken, and Mabel listened by the hour. She cared about people in an old-fashioned way, and Alice knew Mabel could feel what Alice was feeling and understood her in her heart. Mabel consoled and encouraged Alice, and did what she could to make things better at home.
If Ken told anyone how he was feeling, if he confided to anyone his fears and anxieties about how his life was turning out, he talked to his mother. Others in the family tended to stay away from him, to leave him alone, but Mabel encouraged him to come to her and talk. She knew about some of his activities and what he was becoming-she had to go to court and put up the surety bond every time he got arrested, and she could see the marks on Alice. She talked to him about it, particularly about what he did to Alice, but she never judged him or shunned him. The most upset she ever got with Ken was when she learned that Alice and Juarez were going to leave
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