discussed it briefly once before, but were so afraid of it they had not pursued the conversation. The idea was ludicrous-Keith in Slone with a serial sex offender of dubious credibility, trying to get someone to listen to a bizarre tale while the town counted down the final hours of Donte Drumm. The unlikely pair would be ridiculed, maybe even shot. And upon his return to Kansas, the Reverend Keith Schroeder could find himself accused of a crime for which there would be no defense. His job and career could hang in the balance. All because of a lowlife like Travis Boyette.
CHAPTER 12
Wednesday morning. Six hours after leaving his office just after midnight, Robbie was back in the conference room preparing for another frantic day. The night had not gone well. The drinking session with Fred Pryor and Joey Gamble produced nothing, except an admission by Gamble that Mr. Koffee had indeed called and reminded him of the penalties for perjury. Robbie had listened to the entire session. Pryor, who over the years had become masterful with his recording devices, had used the same pen mike and passed along their conversation through a cell phone. The sound quality was remarkable. Robbie had enjoyed a few drinks along with them, in his office, with Martha Handler sipping bourbon and Carlos, the paralegal, drinking beer and monitoring the speakerphone. They all had enjoyed their booze for almost two hours, Joey and Fred in a fake saloon somewhere outside of Houston, and the Flak Law Firm hard at work at the office in the old train station. After two hours, though, Joey had had enough-even beers-and said he was tired of being pressured. He could not accept the reality that a last- minute affidavit signed by him would repudiate his testimony at trial. He did not want to call himself a liar, though he stopped short of admitting he'd lied.
'Donte should not have confessed,' he said several times, as if uttering a false confession were grounds enough for a death sentence.
But Pryor would shadow him throughout Wednesday and Thursday, if necessary. He believed there was still a slight chance, one that increased as the hours went by.
At 7:00 a.m., the firm gathered in the conference room for the daily briefing. All were present, all bleary-eyed and fatigued and ready for the final push. Dr. Kristi Hinze had worked through the night and finished her report. She summarized it briefly while everyone ate pastries and gulped coffee. The report was forty-five pages long, more than the court would want to read, but maybe enough to get someone's attention. Her findings surprised no one, at least no one within the Flak Law Firm. She described her examination of Donte Drumm. She had reviewed his medical and psychological history while in prison. She had read 260 letters he had written over the eight years he'd been on death row. He was schizophrenic, psychotic, delusional, and depressed and did not understand what was happening to him. She went on to condemn solitary confinement as a means of incarceration and again labeled it as a cruel form of torture.
Robbie instructed Sammie Thomas to file their petition for relief with Dr. Hinze's report attached in full to the firm's co-counsel in Austin. Throughout the appellate process, all eight years of it, Robbie's firm had been assisted by the Texas Capital Defender Group, commonly referred to as the Defender Group, a nonprofit that represented about 25 percent of the inmates on death row. The Defender Group did nothing but capital appeals, and did so with great expertise and diligence. Sammie would send the petition and report electronically, and at 9:00 a.m. the Defender Group would file hard copies with the Court of Criminal Appeals.
With an execution looming, the court was on alert and prepared to quickly address the last-minute filings. If they were denied, which they usually were, Robbie and the Defender Group could then run to federal court and fight their way up the mountain, hoping for a miracle at some point.
He discussed these strategies and made certain everyone knew what was to be done. Carlos would be in charge of the Drumm family the following day, though he would remain in Slone. He was to make sure they arrived at Polunsky on time for their final visit. Robbie would be there to make the final walk with his client and to witness the execution. Sammie Thomas and the other associate would remain at the office and coordinate the filings with the Defender Group. Bonnie, the paralegal, would stay in touch with the offices of the governor and the attorney general.
The request for a reprieve had been filed with the governor's office, and its denial was being awaited. The Kristi Hinze petition was ready to go. Unless and until Joey Gamble had a change of heart, there was no new evidence to make a fuss about. As the meeting dragged on, it became evident that there was little of substance left to do. The conversation waned. The frenzy was beginning to subside. Everyone was suddenly tired. The waiting had begun. – When Vivian Grale was elected to the bench in 1994, her campaign had been about high moral standards, putting the laws of God first, putting criminals in prison for even longer periods of time, and, of course, more efficient use of the death chamber down at Huntsville. She won by thirty votes. She defeated a wise and experienced judge by the name of Elias Henry, and she did so by cherry-picking several criminal cases in which Judge Henry had dared to show compassion for the accused. She splashed these around in ads that made him look like a coddler of pedophiles.
After her affair with Paul Koffee was exposed, after her divorce, and after she resigned and left Slone in disgrace, the voters repented and returned to Judge Henry. He was reelected without opposition. He was now eighty-one years old and in declining health. There were rumors that he might not be able to finish his term.
Judge Henry had been a close friend of Robbie's father, who died in 2001. Because of this friendship, he was one of the few judges in East Texas whose blood pressure did not spike when Robbie Flak walked into the courtroom. Elias Henry was about the only judge Robbie trusted. At Judge Henry's invitation, Robbie agreed to meet in his chambers at 9:00 a.m. Wednesday morning. The purpose of the meeting was not discussed on the phone.
'This case bothers me a great deal,' Judge Henry said after a few pleasantries were out of the way. They were alone, in an old office that had changed little in the forty years Robbie had visited it. The courtroom was next door and empty.
'As well it should.' They both had unopened bottles of water in front of them on a worktable. The judge, as always, wore a dark suit with an orange tie. He was having a good day, his eyes fierce and intense. There were no smiles.
'I've read the transcript, Robbie,' he said. 'I started last week and I've read it all, and most of the appellate briefs as well. Taking a view from the bench, I can't believe Judge Grale allowed that confession into evidence. It was coerced and blatantly unconstitutional.'
'It was, Judge, and it is. I won't defend her, but she had little choice. There was no other credible evidence. If she tossed the confession, then Koffee had nowhere to go. No conviction, no defendant, no suspect, no dead body. Donte would have walked out of jail, which would have been front-page news. As you well know, Judge Grale had to face the voters, and judges don't get reelected in East Texas if they keep the law above politics.'
'Tell me about it.'
'Once he knew the confession would go to the jury, Koffee was able to piece together other evidence. He stomped and strutted and convinced the jury that Donte was the killer. He pointed fingers at him, and then he cried at the very mention of Nicole's name. Quite a performance. What's the old saying, Judge? 'If you don't have the facts, yell'-and he did a lot of yelling. The jury was more than willing to believe him. He won.'
'You fought like hell, Robbie.'
'Should've fought harder.'
'And you're convinced he's innocent? No doubt in your mind?'
'Why are we having this discussion, Judge? It seems rather moot at this point.'
'Because I'm going to call the governor and ask for a reprieve. Maybe he'll listen, I don't know. I wasn't the trial judge. I was, as we know, retired at the time. But I have a cousin in Texarkana who gave the governor a ton of money. It's a long shot, but what's there to lose? What's wrong with delaying things another thirty days?'
'Nothing. You're having doubts about his guilt, Judge?'
'Serious doubts. I would not have admitted the confession. I would have thrown the snitch in jail for lying. I would have excluded that clown with his bloodhounds. And the boy, what's his name-'
'Joey Gamble.'
'Right, the white boyfriend. His testimony would probably go to the jury, but it was too inconsistent to carry
