"Tats"
I look up at the lawyer. Mr. Stone.
"So Ms Johnson. Want to tell me about the events of last Monday?" he steeples his fingers in front of his face.
I shake my head not wanting to talk really. I'm still embarrassed as hell by all that's happened.
He nods.
"Okay well let me begin with saying I already know what you and your brother did. I'm not here to judge you for that. That's not my job. I'm here to make sure you and your brother don't go away to prison for a very long time. You're both looking at a class 'C' felony. In this state that means a minimum of two years. Given that you don't have a criminal record that would probably be what they give you. I may be able to get it suspended to probation time, maybe house arrest. Prison over crowding they will probably take that as a plea bargain. In your case."
I look up at him. My eyes hurt from all the crying I've done over the last few days.
"And Kevin?" I ask softly.
"Sara... May I call you Sara? Well for Kevin it's bad. He was out on parole so they will say he violated his parole and he will go back to serve his remaining time. That's ten years. Then he will probably get the max if the judge isn't feeling lenient. Given all the publicity your brother original trial had he really can't be seen to be lenient to a man who just violated parole. The max in this state for a class 'C' felony is twenty years."
My jaw drops and my breathing becomes a pant. No, Oh god no.
"Sara? Stay with me now. This is important and I can't have you breaking down. Okay. I need you to know and understand something. They have a videotape of the two of you...doing... it. There is no way I can get a jury to not convict Kevin and probably you as well. When a jury watches a videotape it's like they're watching CNN. They will believe everything they see. Kevin will be found guilty. You as well."
I feel the tears start to fall down my cheeks.
"However..."
I look up to him quickly. Clutching at hope.
"I have reviewed your brother's trial. I'm going to ask the judge to throw out the original sentence on the grounds of a miss trial."
"What?" I feel my pulse soar.
"Your brother should have never been convicted for murder. There are so many things wrong with his original trial it's criminal. To begin with it should have never been held where it was. His lawyer should have filed for a change of venue. There should have never been a trial in the same county where your father was a deacon of his church. There was no way the jury could have been unbiased. Then your brother's lawyer had him plead guilty. Why? All he needed to show was a history of abuse from your father and that case would have had enough holes in it to get started tearing it apart."
I sit up on the edge of my chair.
"I understand your fathers was whipping you when Kevin hit him with the bat...is this correct?"
"Yes."
"Would you by any chance have any scars from that or any beating before that?" he asks me tilting his head a little. His blue eyes glance down my body. I shiver when I feel that. Like his eyes touched me under my skin.
"Yes." I say in a whisper.
He gives a slow nod.
"Kevin's lawyer, this Mr. Faltwin? Should have tried for a charge of third degree manslaughter based on a history of parental abuse. Then he should have had you subpoenaed and your back photographed as evidence. You and Kevin both. I take it he has scars as well."
"Yes, but his' are under his tattoos now."
"I know. I've talked to my friend Mr. Tyler." He picks up a pen and starts to tap at his desk. "He told me about the dozens of criss crossing scars on your brother back."
"Mr. Tyler?"
"You know him as Ink." He puts down the pen and moves his hand to his shirt.
I watch at first with fear as the lawyer undoes three buttons of his shirt then with relief when he opened it to display the tattooing on his chest.
"If your brother lawyer had done his job right, those photos would have been the end of that trial. Kevin would have walked."
I stare at Mr. Stone.
My lip trembles.
"Why? Why didn't he?"
Mr. Stone sits for a second then leans down and opens his desk drawer. He pulls out a very old book. It looks familiar for some reason. Like I may have seen it before at some point in life. I realize as he opens it that it's a high school yearbook. I watch him flip though several pages. Then he slides it across the desk to me.
Looking down I see my Dad's picture. Next row up is a circled photo.
John Faltwin.
"Your brother's lawyer knew your dad. He never should have been your brother's lawyer. I think he went out of his way to get your brother convicted."
The tears dry up.
They evaporate under a fire of hate.
"Where is he?"
Mr. Stone gives a sigh.
"He passed away about two years ago. Heart attack. Otherwise I would have his ass on the stand so fast his head would spin past his disbarment."
I sit not knowing what to do, but wanting to scream. I finally choke back a ton of bile and look up at the man giving me hope.
"So can you? Get Kevin's original sentence dropped?" I ask softly not wanting to believe, but praying for the first time in a decade that it will happen.
"I have enough evidence to put the case into question. But I need more. That's why I need you to talk to me Sara. Anything you can tell me may be of help."
I slowly nod. I hesitate, then speak of what happen to me for the first time to anyone other than my old girl friend Alex. And Sam.
"I... I didn't know what my father was doing was wrong till one night I got up to go get a drink of water."
Mr. Stone starts taking notes after a few minutes.
"Ink?"
"Yea Mary?' I answer sticking my head around the corner of the wall. I see her standing by her desk with the phone held to her chest. As I watch she sits it down.
"Another one."
I want to spit. I nod to let her know I understand and go back to the autoclave.
Not that I really have a need for the tubes I'm sterilizing.
I don't have any customers.
I start the cycle then go back out to my station. I plop down and rub at the bridge of my nose. My glasses are making my head hurt.