At home, now that the paintings were done Simon spent the week prior to the trial sorting through all of his documents, images, and notes on the arrest to put everything in order.
The Barrington Police Department continued to ignore his requests for Jansen’s arrest record, and the only way past that was with a court order. Which he would have to return to Barrington to get in time. As expected. So he shrugged that off as unneeded.
Then the Thursday before the trial, he received a call from ReShawn Greene at Kaplan, Halliwell and Greene to talk about the case. There was no chit-chat; just straight into the situation.
“This doesn’t make much sense to me,” he said in a smooth voice. “Teesha’s notes from your interview were very precise and that helps a lot, but could you do facetime to show me what more evidence you have?”
Simon said, “Hold on,” then opened it up on his phone. He spread the documents on his dining table and scanned them with his phone.
ReShawn asked for a closer look or a return to one or two, but overall was pleased with that he saw.
“Good work,” He said after a moment. “It’s definitely outside the school’s safety zone...”
“Which did not come up till I was being booked,” Simon said.
“Okay...I see the trial is set for next Tuesday. Have you spoken with the Prosecutor’s office?”
“Yes.”
“Have you let Walstead know the street lamp was moved?”
“Yes, but that made no difference to him or the judge. They claimed a surveyor’s report contradicted my claim, but the city planning office knows nothing of one. Or says they don’t.”
“How did you contact them?”
“Email and telephone call.”
“It’s best to get things like that in person. It happened fairly recently so it may not have filtered through the system, yet.”
“It’s been a few years...”
“I know, but...” He sighed. “When do you plan to come down?”
“Monday.”
“Could you make it a day earlier? Meet with me on Monday? Two o’clock? We’ll go over your evidence, together. I’m surprised Walstead hasn’t already agreed this is a waste of time and resources.”
“They certainly seem to think it’s important...”
“It’s just a misdemeanor. Going through a trial for something this minimal? I doubt Breusch would go for that.”
“Breusch?”
“County Prosecutor. Very pragmatic.”
Simon grimaced. He’d forgotten about that man, for a moment. Then he said, “But Walstead has a one-hundred percent conviction rate before Judge Falwell.”
“Of cases he takes before him. He’s not averse to refusing to take a case all the way if he doesn’t think he’ll win it.”
“He seems convinced he will with this one. Same for that woman who’s with him. Manville.”
“I dunno,” he’d said. “Chris and Elissa are pretty easy-going. I’ve dealt with them in other cases. And Breusch makes it a point for his office not to try and force a conviction in anything trivial.”
“Me being arrested is hardly...”
“To them, something trivial. Misdemeanor, first offense? Without the school in range of your arrest, there’s no enhancement. And first offense usually means no jail time. Small fine. It costs more to try it than they’d get in return.”
“That sounds like a business proposition.”
“That’s today’s system of justice.”
It made sense and Simon would like to have believed him, but something in his gut was telling him this was not a mere misdemeanor charge, anymore. It was more like a challenge of some kind, as if neither Walstead nor Manville could allow the possibility that a gay man might be innocent. The way they’d been so tense around him...stiff and formal, in contrast to how ReShawn described them.
“Let’s say the trial does proceed,” Simon murmured, “and I’m found guilty. Would you be willing to handle my appeal? I’d pay you a retainer, up front...”
The man sighed, saying, “You’d be giving me money for nothing.”
“I hope so.”
“You’re not a positive-thinking person, are you?”
“Just a realist.” He almost added, Who learned to trust his gut in situations like this. But that might have led to more protestations and eventual rejection by ReShawn.
“Let’s talk more, on Monday...”
Simon sighed. “All right. I’ll see you then.”
The call ended...and a sense of cold whispered through Simon. So even offering to pay his fee up front wasn’t enough to get an attorney in Barrington completely on his side.
