Megan was silent, and the fear that filled her chewed in a little more deeply. “We don’t have much of a defense, do we?”
Releasing a heavy sigh, Benbow shook his head. “No. Most of the stuff we could combat the provost marshal’s office with is going to work against you as well as for you. A lot of it we won’t even be able to introduce into the court. The bottom line is that you were derelict in your duty. You were, by law, supposed to notify the parents that their son was in the hospital.”
Megan nodded, feeling the hope inside her dwindle.
“The only thing I hope to be able to use is the fact that Private Boyd Fletcher, while inebriated, fought with two MPs in the hospital so fiercely that both men had to receive hospital treatment. If I handle it right, I might be able to color the jury with the opinion that his condition, at that time of night, was about the usual.”
“How are you going to prove that?”
Reaching down beside the desk, Benbow lifted up an expandable portfolio. “I’ve got over four dozen statements from soldiers who were at the bars Private Fletcher liked to frequent. There was hardly a bar that Private Fletcher did not frequent.”
Megan was amazed at the thick sheaf of papers inside the folder. “I didn’t know that.”
Benbow held up a hand. “No. That is not what I want to hear you say up on that witness stand. Did you know that Private Fletcher had a drinking problem?”
“Yes. His drinking and his ability to handle it are noted in some of my files.”
“Along with anger-management issues he had?”
“Yes.”
Benbow referred to his notes. “Those anger-management problems generally took place at night?”
“Yes.”
“Would it surprise you to know, Mrs. Gander, that the army has records of Private Fletcher’s instances of out-of-control drinking as well as his anger-management issues?”
“No.”
“In fact,” Benbow said in a professional voice, “I believe as counselor for young Gerry Fletcher, you had access to those files.”
“Some of them.” Megan smiled a little as she watched the young officer work. He seemed to grow more confident as he went.
“The ones that reported the incidents of Private Fletcher’s reprimands for being drunk and disorderly in military bars as well as civilian bars? The same reports that were no doubt used in Private Fletcher’s court martials that busted him down in rank twice.”
“Yes.”
“Did you notice the times recorded in those reports for those problems Private Fletcher had?”
“No,” Megan said, thinking back.
Benbow flipped to a new sheet of paper in the legal pad. “All right. We definitely have a problem with that question. But that’s okay. I can work around it.” He finished a quick notation. “Mrs. Gander, could you look at these reports and tell me if the incidents of public drunkenness and fighting took place in the morning or evening?” He smiled. “At this point, you will tell me that they took place in the evening. I know because I looked through every record.”
Megan looked at the folder. “That’s a lot of work.”
Giving her a tired smile, Benbow said, “I told you I believe in you, Megan. When I haven’t been with you or been on the phone with you, I’ve spent every minute on this case. We’re still going to have a tough time getting the willful dereliction-of-duty charge past a military jury, but Boyd Fletcher is his own worst enemy, and I intend to show that. He’s not going to get a free ride through that trial.”
“That’s still not going to erase the fact that I was derelict,” Megan pointed out.
“No, but maybe I can build you in some sympathy. If I can get you off with a light reprimand at this point, I’ll be happy. And I trust that you will too.”
Megan didn’t like the idea, but she nodded so she wouldn’t take anything away from Benbow’s efforts.
“I’ve been digging into Tonya Fletcher’s history too,” Benbow said. “Did you know she had a habit of turning the phone off at night?”
“No.”
“You never called her at night?”
“No. I always contacted Private Fletcher through his cell phone.” Megan thought for a moment. “I called her that night, though.”
Frowning, Benbow asked, “What night?”
“The night Gerry disappeared.”
“You’re sure?”
Megan nodded. “I called her twice.”
“And she answered?”
“Yes.”
Benbow made another notation. “That’s too bad. I would have loved to show that Tonya Fletcher never answered her phone at night so you couldn’t have reached her even if you’d tried.” He finished writing and looked up. “Why did you always contact Private Fletcher regarding Gerry?”
“Gerry’s file requested that the father be called first. Tonya signed the agreement.”
“Is that unusual?”
“It’s not unheard of.”
“So you knew that if you called you’d definitely get Private Fletcher?”
“As long as he answered his phone.”
“Good. That will work for us. Knowing that you’d be talking to Private Fletcher and that he was probably drinking at that time of night, I think the jury will understand your hesitation—and the hospital’s hesitation—about making that call. We’re going to go into that courtroom looking pretty good. If we could somehow negate the question of dereliction of duty, maneuver things so I put your record up against Private Fletcher’s, I think I could probably get you a Purple Heart for dealing with that jerk.” Benbow sighed. “But we’re not going to be able to do that. All I can do is hope to soften the edges a little.” He glanced at the television he’d muted and saw the interview with Penny Gillespie again. “With as much airtime as this is getting, maybe it will help pull in some more public support. You’ve got a lot of Christians in the military.”
“Had them,” Megan said, thinking of Bill Townsend and how he was gone.
Benbow looked at her. “There are still a lot of us, Megan. Those of us left, we just didn’t pass muster the first time. But we will the next time.”
Despite her fears, Megan smiled. “Maybe you weren’t as
