Memory Man

The PD said in a voice loud enough for Decker to hear, “This is an authenticated arrest report complete with mug shot and fingerprints showing conclusively that Mr. Leopold was in a lockup in Cranston, two towns over from here, on the night the murders in question were committed. I also have a copy of Mr. Leopold’s arrest record from Burlington. They’ve been independently evaluated and the picture and the prints match perfectly. It is undoubtedly him, as I’m sure Ms. Lynch will agree.”

Lynch said furiously, “Your Honor, defense counsel did not share this with me.”

Abernathy looked at her with disdain. “You can pull an arrest record faster than defense counsel can, Ms. Lynch. If he found it you should have too.”

Lynch flushed. “What was he arrested for?” she said in a snarky tone.

“Vagrancy,” said the PD. “He was released the following morning. Cranston is seventy miles from here and Mr. Leopold has no means of transportation. But more to the point, the police report shows that Mr. Leopold was arrested at six in the evening and released at nine the next morning. Thus he could not have committed the murders, which occurred around midnight.” He handed the papers across to Lynch, who looked down them, her spirits and confidence ebbing completely away as she reached the bottom of the last page.

“He could have had an accomplice,” she said weakly.

“Well, if you can prove that, more power to you,” said the PD. “But so far you haven’t proven anything. My client went off his meds and involuntarily lied about committing a crime he could not have committed. That is your entire case in a nutshell, which means you have no case.”

“We can charge him with wasting police time, obstruction of justice.”

“As I said, he was off his meds. He could not form the intent necessary for either of those two crimes.”

Lynch said, “I believe that given time—”

Abernathy cut her off. “Do you have any evidence other than the recanted confession tying the defendant to the crimes alleged against him?”

Obviously flustered, Lynch said, “Your Honor, the defendant turned himself in to the police and confessed to the crime. Thus we have not attempted to build a forensic case against him.”

“Did he sign the confession?”

“Yes,” she said firmly.

“Did it include details that only the actual perpetrator of this crime would know?”

Lynch was again caught off guard. “I…I don’t believe so, no. I’m sure that additional questioning was going to take place, but—”

Interrupting, Abernathy said, “So with the confession off the table you have no evidence?”

“No,” Lynch admitted, her anger evident but restrained.

“And now we know for certain that Mr. Leopold was seventy miles away in jail when the murders were committed.”

“Yes, we do,” said the PD, barely able to hide a smile.

“Please step back,” said Abernathy pleasantly.

The counsels returned to their respective corners.

Abernathy peered down from the bench. “The charges against the defendant Sebastian Leopold are dismissed without prejudice. Mr. Leopold, you are free to go. And stay on your meds.”

He smacked his gavel.

His lawyer turned to Leopold to shake his hand, but Leopold was looking around the courtroom as though he was still unsure of where he was. When his gaze fell on Decker, he smiled weakly and gave a tiny, shy wave.

Decker didn’t smile or wave back as the officers took Leopold out of the room.

As Abernathy disappeared back into chambers, Decker watched as Lynch and the PD exchanged sharp words. Then Decker rose and headed out of the courtroom.

Alex Jamison walked out with him.

“Did Leopold wave to you, Mr. Decker?” she asked, her tone curious, and in its undertones, a trace of suspicion seemed to percolate.

“I don’t know what he did.”

“Have you met him before?”

Decker kept walking.

She called after him. “People would like to hear your side of things.”

He turned and walked back to her. “My side of things on what?”

“Do you know Leopold, because I think he made eye contact with you. He smiled and waved. You were the only one sitting there.”

“I don’t know him.”

“But you two did talk before, didn’t you? In his prison cell?”

Decker made the connection instantly. Brimmer. This was her way of getting back at him for juking her at the jail. She had leaked his meeting with Leopold to Jamison.

“Why did you meet with the man accused of killing your family?”

Decker turned and walked away. And this time he kept going.

Chapter 24

Decker had taken a bus directly over because he didn’t want to miss the man.

As he waited, he watched folks walking and driving past. Burlington had a deeply wounded look to it, as though an evil had stolen into town and taken its most valuable possessions. Which was exactly what had happened.

Twenty minutes later Decker stiffened slightly as the door to the facility opened and Sebastian Leopold stepped out dressed in the clothes he had walked in with, the orange prison jumpsuit and shackles stripped off him along with the murder charges.