The date for the state’s response brief was finally here. Steve must have checked his email a million times before his phone finally buzzed with an email notification from the Court Clerk of the U.S. District Court for the Northern District of Oklahoma at exactly 4:52 p.m.. The state had filed its response brief.
He opened the email and began to read. When he finished, he honestly believed there was no chance Judge Henry would grant his motion. Assistant Attorney General Julie Bass had done an excellent job attacking Steve’s position on various legal grounds. In reality, Steve was requesting that the court order an officer of the law and a motherless child to submit to DNA testing based on nothing more than his own unfounded allegations. It truly was an outlandish request to make or expect to be granted. Bass made salient arguments with supporting case law that made Steve question his own sanity for even filing the motion in the first place. Steve slumped over in his chair and rested his head on his desk. He had failed Scottie Pinkerton. The corners of his eyes stung with tears. Because of this failure, he would have to sit and watch his client, an innocent man, get strapped to a gurney. State officials would inject Scottie Pinkerton with a deadly cocktail which would cause him to pass from this earth before Steve’s eyes.
As Steve sat there, his forehead planted squarely on his desk, a single thought snuck into his dejected mind. It was a memory of a conversation he once had with Ackerman.
It was from six months ago, shortly after Steve went into private practice. A young woman who had been charged with misdemeanor drug possession had hired Steve to represent her. After
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reviewing the police report, he had filed a motion to exclude all of the state’s evidence based on what he considered to be an unconstitutional search. When he read the state’s response, he had felt like they were right, and he had no chance of winning his motion.
He had gone to Ackerman seeking guidance on what to do when the state was right, and you were wrong. They sat on the front porch, having a Scotch and watching the sunset, and later Ackerman gave a fatherly laugh when Steve finished sharing what had upset him so much.
“Steve, every time you write a brief, you should ask a fellow attorney to read it before you file it. If he or she doesn’t think you have a clear winner of an argument, then you aren’t done writing that brief. Likewise, if you ever read the opposing counsel’s response and don’t initially think you are on the losing side, then that lawyer should find a new profession. Drink that Scotch, lick your wounds, and let the opposing counsel’s arguments sink in overnight. Tomorrow, get up and go figure out what is wrong with their position. Write your rebuttal and win this damn motion at the hearing. Your client is counting on you.”
Remembering the words of his mentor, Steve picked his head up off his desk and called Emily. “I just read the state’s brief in our case. This isn’t going to be the slam dunk we thought it would be. The assistant attorney general made some great arguments against us. Tomorrow, I plan to figure out how I’m going to beat them, but tonight I just want to wallow in my own misery. Can you meet me for a drink at Empire?”
“Sounds good. I have a few things to finish up here before I head over.”
Next, Steve called Booger. The investigator couldn’t make it for drinks, but he said he would be over at Steve’s place first thing in the morning to help organize their thoughts for the upcoming oral argument. Finally, Steve printed the state’s response, put it in his briefcase to be looked at again tomorrow, and left the office to meet Emily at The Empire Bar.
Steve was waiting at the same table where he and Emily first had drinks together a few months earlier; it was now “their” table. The pair had been there several times in the last few weeks, so she knew right where to go when she arrived. Steve saw her as soon as she walked out to the patio. He was already drinking a Guinness, and a cold Hoegaarden was placed in front of the empty chair beside him.
“Aw, you already ordered me a drink. Such the gentleman,” Emily said with a luminous smile.
Steve smiled back at her and stood up to pull out her chair. Emily leaned in and gave him a kiss on the cheek before she took her seat. “Do you want to tell me about the state’s brief?” Emily asked.
“Not really,” Steve said, almost pouting. “The long and short of it is that Bass did an excellent job arguing the legal reasons why the court should not grant our request for DNA evidence. Now, I honestly feel like our chances of getting the court to order a DNA test are low, and, if we don’t get that test, any shot at getting Scottie a new trial lands in the pond. That means I’ve failed Scottie.”
“You say that way too often. You need to stay positive.”
“I know. It’s just that the thought is always lingering in the back of my mind. That thought alone is what drives me to work harder every day for him; it’s what will drive me to work my butt off this weekend. I have to come up with counterarguments and find law to support those arguments. It is the only way we can still win this
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thing.” Steve stopped himself from thinking about it any further.
“But tonight, I want to forget all of that and just escape to my happy place. I want to forget about the state’s arguments and the possibilities that may come from it. Instead, let’s talk about you,” Steve said with a smile. “Please tell me more about the beautiful Dr. Emily Babbage and her wonderful life.”
“What do you want to know? I feel like I have told you almost everything in the last three weeks. Other than being apart for work, we have been together nonstop. I actually can’t believe I haven’t gotten sick of you yet,” Emily said teasingly.
“I know. It’s weird how our time apart always seems to go by in a flash. Yet, when we are together time slows down, and it feels like no other person or thing exists in this world. It is just you and me and the joy I feel in my soul.”
He reached over, and as their hands touched, he said, “I think I might have fallen in love with you.” It was the first time either of them had made reference to the L-word.
“You might have?” Emily asked as she pulled her hand away and mockingly turned her back to him.
“Okay, okay.” Steve grabbed her shoulders and turned her back around so he could look directly into her eyes. “I am falling in love with you.”
“That’s nice,” she said as she ducked her head quickly away, her dark hair concealing her face. A second later, Emily slowly looked up at Steve again. “I might be falling in love with you, too.” She leaned in and gave him a long kiss.
They merged into each other’s arms, holding the embrace for what they both felt in that moment was an instant and an eternity.