Damned in Paradise

casual and relaxed as Kelley was tightly coiled.

With a massive sigh, Kelley lowered himself to the sofa cushion, but didn’t sink back in like Leisure and me, rather sitting forward, hands clasped tightly between his open legs. “These people killed a man, an innocent man, we now know, and you expect me to go along with some slap on the damn wrist?”

Wind was whispering through the open windows, rustling the filmy curtains, as if speaking secrets we could almost hear, nearly make out.

“There comes a time when every reasonable man has to cut his losses,” Darrow said. “I prefer not to argue the point again, but my misguided clients truly believed they were dealing with one of the guilty parties. What pleasing choice do any of us have in this matter? Knowing what you now know, you can’t in good conscience retry the Ala Moana defendants. But you can’t exonerate them either, not without delivering a devastating blow to an already crippled police department and the local and territorial government it represents.”

“Mr. Kelley,” I said, “I’m as frustrated as you are. I risked my…life bringing Lyman in. But you’ve spoken to Inspector McIntosh, and the chief of police. You know the reality of this as well we do.”

The reality was that even under all-night, back-room station house questioning, Lyman and Kaikapu had denied any involvement in the Thalia Massie abduction/attack. Further, prison records indicated they were present and accounted for on September 12 of last year; the prison officials and guards who could expose that lie would be setting themselves up for a stay on the wrong side of the bars in their own facility.

And even if these obstacles could be overcome, prosecuting two new defendants for the Thalia Massie abduction/attack—defendants who had walked out of Oahu Prison twice to commit rape and other crimes—would almost certainly result in a storm of embarrassment and ridicule that the beleaguered local government could scarcely afford.

“Of course,” Darrow said, “both these individuals are serving life sentences…so, in a sense, justice has already been served.”

Kelley’s mouth was moving, as if he were muttering, but nothing was coming out.

“The only way you’ll get them to talk,” I said, “is to offer them immunity and a deal for shorter time.”

“Promise them parole,” Kelley said bitterly, shaking his head, “for confessing to the most notorious crime in the history of the Territory? It’s scandalous.”

“No,” Darrow said, lifting a gently lecturing forefinger. “Going forward with a full investigation and a prosecution would be scandalous. No one would emerge a victor. My clients would be disgraced, Thalia Massie might as well sew a scarlet letter on her breast, and you would just about guarantee Hawaii losing self-government and see the reins handed over to the racist likes of Admiral Stirling.”

Kelley had his head in his hands. “Christ Almighty.” He looked up; now his face was very pale. “You’re meeting with the governor tonight?”

“Yes.”

“What does he know?”

Darrow raised his eyebrows, set them back down. “To my knowledge, nothing about Lyman and Kaikapu. That’s up to your office and the police department, should you think this is information Governor Judd need be privy to.” He shrugged elaborately. “Though, you know…I would assume the governor has enough on his mind, at present, knowing that if he doesn’t release my clients, he’ll be remembered as the governor who brought martial law to Hawaii, by provoking the United States Congress, and financial ruin to local businesses, by alienating the United States Navy.”

Kelley snorted, sneered. “You’d prefer that he be remembered as the governor who ignored law and order, and arbitrarily freed four people convicted of killing an innocent man.”

Weariness passed over Darrow’s face in a wave; then he blinked a few times slowly, and a smile came to his lips at about the speed it takes for a glacier to form.

“I prefer to put this suffering behind us. Two of the three men who assaulted Thalia Massie are in prison on life sentences; a possible unidentified third party has fled to parts unknown. Those innocent Ala Moana boys have seen their number diminished by one, and their lives turned inside out and upside down. My clients have been held in custody for months, and have lost their dignity and their privacy and have, goddamnit sir, suffered enough. So, I would dare say, have these fair islands.” He slammed a fist on the arm of the easy chair, and a frown turned the kindly face into a mass of angry wrinkles. “Enough, sir! I say enough.”

Kelley swallowed, nodded, let go another sigh, said, “What precisely do you propose?”

“George,” Darrow said to Leisure, “would you show Mr. Kelley that document you prepared?”

Leisure sat forward and removed a sheet of paper from the briefcase at his feet. Handed the document to Kelley, who read it.

“You’re not asking the governor for a pardon,” Kelley said. He looked up at Darrow. “You’re asking him to commute the sentence….”

Darrow nodded slowly. “A pardon can be viewed as a reversal of the jury’s decision…while commuting the sentence is a fine way for the Territory of Hawaii to save face. After all, the felony stays on the record, the crime is not officially condoned in any way. Prison time, in this instance, would serve no rehabilitative purpose…. Does anyone really believe Tommie Massie and Grace Fortescue are dangers to society? And, remember, the jury did recommend leniency.”

Kelley seemed somewhat overwhelmed by all this. He sounded almost confused as he said, “Sentence hasn’t even been handed down yet….”

“We’d like it to be, tomorrow.”

The prosecutor frowned in surprise. “It’s not scheduled till Friday….”

Darrow cocked his head, raised one eyebrow. “If we move it up, we get less press attention.”

Kelley shrugged facially, then gestured with the document. “Commuted to what? Time served?”