to put the state’s chief investigator on the stand to testify on his behalf rather than that jailhouse snitch, Willie Smith?”
“I don’t think so, Judge.”
“Neither do I. I’ll go ahead and prepare my own affidavit, and you use it however you need to. Even though I don’t think you will be successful with the ‘incompetence of counsel’ defense, I understand that you have to raise the issue.”
Wofford Benton no longer appeared to be a disinterested observer. He had joined the appellate team.
Jack’s next call was to the Florida State Prison at Starke to set up an interview with Henry for that Friday. He now had some news for him.
That evening Pat and Jack took their treasured run along the river. “This is so boring,” Pat said as they jogged along together. “Every night the same thing—starry skies, peaceful waters, weeping willows, pelicans, owls. . . . I miss the action of the big city—the robberies, the murders, the rapes. You know what I mean, Jack?”
“I’m with you, honey.” She was always content, and she made him feel the same way no matter how his day had gone.
“So tell me about all this new evidence that you’ve uncovered.”
“Well, I talked to Ted Griffin, the lawyer, and Anthony Webster, the prosecutor’s investigator, and I got the notes of his interview with James Vernon. The bottom line is that James Vernon told the prosecutor’s investigator that he was at the scene of the murder and Henry Wilson wasn’t there, and Wofford Benton never knew about that conversation.”
“Would it have made a difference if he did?”
“Absolutely. When Vernon took the Fifth at trial and refused to testify, Benton called a prison snitch to the stand. Ifhe had known about Anthony Webster and called him instead, Henry Wilson might have walked.”
“So Henry is innocent.”
“Not necessarily. The original source of all this new information was James Vernon and he may have been lying like a rug.”
Just then Pat saw something rise in the river. “Look!” she pointed.
“What is it?” Jack asked as they stopped to look.
“It’s a manatee!” she said gleefully. “I was just telling the kids about them the other day. Oh, I wish I had a camera.” They stood and watched as the big hulking thing lazily drifted down the river with not a care in the world. They only resumed their run when it was out of sight.
“Have you tried to locate James Vernon and what’s that other guy’s name—the witness against Henry?”
“David Hawke?”
“Yeah, that’s the one I was thinking of. Have you tried to find them and talk to them?”
“I did. They’re both dead. Vernon was killed five years ago in a drug deal gone bad and Hawke was also murdered—I don’t know when.”
“Is that good or bad for Henry?”
“It’s good if he gets a new trial. With Hawke dead, there’ll be no evidence to convict him. It won’t help him get a new trial though.”
“It sounds like you’ve got the evidence to do that.”
“Maybe. I don’t know if I can meet the legal standard, and I’m still not sure that he’s innocent.”
“Well, Jack, as I said before, present the evidence and leave the rest to fate. What’s the standard you need to meet—new evidence?”
“Newly discovered evidence.”
“Well, this is newly discovered evidence, isn’t it? How was anybody to know that the prosecutor’s investigator did this interview?”
“Wofford would have known if he had talked to TedGriffin. Wofford didn’t talk to him, and he should have. Ted Griffin would have told him about Anthony Webster.”
“Wait a minute! You mean the prosecutor finds evidence that the person he or she is prosecuting may be innocent and they can hide it?”
“Something like that.”
“No, Jack. No. I won’t accept that. That can’t be the law. How can a prosecutor who represents all of us hide evidence of a person’s innocence? It doesn’t make sense.”
“It’s just an evidentiary
“I don’t think so, Judge.”
“Neither do I. I’ll go ahead and prepare my own affidavit, and you use it however you need to. Even though I don’t think you will be successful with the ‘incompetence of counsel’ defense, I understand that you have to raise the issue.”
Wofford Benton no longer appeared to be a disinterested observer. He had joined the appellate team.
Jack’s next call was to the Florida State Prison at Starke to set up an interview with Henry for that Friday. He now had some news for him.
That evening Pat and Jack took their treasured run along the river. “This is so boring,” Pat said as they jogged along together. “Every night the same thing—starry skies, peaceful waters, weeping willows, pelicans, owls. . . . I miss the action of the big city—the robberies, the murders, the rapes. You know what I mean, Jack?”
“I’m with you, honey.” She was always content, and she made him feel the same way no matter how his day had gone.
“So tell me about all this new evidence that you’ve uncovered.”
“Well, I talked to Ted Griffin, the lawyer, and Anthony Webster, the prosecutor’s investigator, and I got the notes of his interview with James Vernon. The bottom line is that James Vernon told the prosecutor’s investigator that he was at the scene of the murder and Henry Wilson wasn’t there, and Wofford Benton never knew about that conversation.”
“Would it have made a difference if he did?”
“Absolutely. When Vernon took the Fifth at trial and refused to testify, Benton called a prison snitch to the stand. Ifhe had known about Anthony Webster and called him instead, Henry Wilson might have walked.”
“So Henry is innocent.”
“Not necessarily. The original source of all this new information was James Vernon and he may have been lying like a rug.”
Just then Pat saw something rise in the river. “Look!” she pointed.
“What is it?” Jack asked as they stopped to look.
“It’s a manatee!” she said gleefully. “I was just telling the kids about them the other day. Oh, I wish I had a camera.” They stood and watched as the big hulking thing lazily drifted down the river with not a care in the world. They only resumed their run when it was out of sight.
“Have you tried to locate James Vernon and what’s that other guy’s name—the witness against Henry?”
“David Hawke?”
“Yeah, that’s the one I was thinking of. Have you tried to find them and talk to them?”
“I did. They’re both dead. Vernon was killed five years ago in a drug deal gone bad and Hawke was also murdered—I don’t know when.”
“Is that good or bad for Henry?”
“It’s good if he gets a new trial. With Hawke dead, there’ll be no evidence to convict him. It won’t help him get a new trial though.”
“It sounds like you’ve got the evidence to do that.”
“Maybe. I don’t know if I can meet the legal standard, and I’m still not sure that he’s innocent.”
“Well, Jack, as I said before, present the evidence and leave the rest to fate. What’s the standard you need to meet—new evidence?”
“Newly discovered evidence.”
“Well, this is newly discovered evidence, isn’t it? How was anybody to know that the prosecutor’s investigator did this interview?”
“Wofford would have known if he had talked to TedGriffin. Wofford didn’t talk to him, and he should have. Ted Griffin would have told him about Anthony Webster.”
“Wait a minute! You mean the prosecutor finds evidence that the person he or she is prosecuting may be innocent and they can hide it?”
“Something like that.”
“No, Jack. No. I won’t accept that. That can’t be the law. How can a prosecutor who represents all of us hide evidence of a person’s innocence? It doesn’t make sense.”
“It’s just an evidentiary
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