Chapters (27)
"Hey, who knows? Going to trial is a crapshoot. You put your money on the line every time. If you roll that seven or eleven, boy, you're feeling good. But if it comes out two, three, or twelve, you're the loser. The case generated a lot of publicity. Sentiment in town was running against him. Then you had Bailey's prior, no character witnesses to speak of. He was better off with the deal. Twenty years ago, he could've been given the death penalty, too, which is something you don't want to mess with if you can help it. Talk about rolling dice."
"I thought if you were charged with murder, they wouldn't reduce that."
"True, hypothetically, but that's not the way it works. It was just discretionary with the district attorney how he filed. What Lehto did was, he goes to De Witt and says, 'Look, George, I've got evidence my guy was under the influence at the time. Evidence from your own people.' He pulls out the police report. 'If you'll note in the record, when the officers arrested him, it states he appeared to be drowsy..." Blah, blah, blah. Clifford does this whole number and he can see George start to sweat. He's got his ego on the line and he doesn't want to go into court with a big hole in his case. As DA, you re expected to win ninety percent of the time, if not higher."
"So Bailey pleaded guilty to the manslaughter and the judge maxed him out," I said.
"Exactly. You got it, but we're only talkin' six years. Big deal. With time served and time off for good behavior, he might have been out in half that. The whole time, Fowler's thinking he got screwed, but he doesn't understand how lucky he was. Clifford Lehto did a hell of a job for him. I'd have done the same thing myself."
"What happens next?"
Clemson shrugged again, stubbing out his cigarette. "Depends on how Bailey wants to plead on the felony escape. What's he gonna say, 'No, I didn't escape'? Extenuating circumstances? He can always claim some prison goon was threatening his life, but that hardly explains where he's been all this time. The irony is, he should have hired some hotshot attorney the first couple rounds. At this point, it's not going to do him much good. I'll go to bat for him, but no judge in his right mind is going to set bail for some guy who's been on the lam sixteen years."
"What do you want from me in the meantime?"