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Evening Star Ranch

 

Prologue: Chapter 1

 

By Drake Koefoed

 

 

 

Jeff Denton threw the last of the tools into the truck.  He noted the time in his book.  Meriwether took the passenger seat.  “Meri, I am tired of being poor.  I'm going to get an education and make a little money.” 

“What you gonna study?”

“I guess law.  Lawyers make a lot of money, and most of them are jerks.  I figure you could make out pretty well without being a jerk.  Maybe have a chance to right a few wrongs.”

“I'm not smart enough for that, but I guess you are.”

* * *

Jeff went to Junior College, where you learn a lot more than you do in a four year school for a lot less.  Since there is no particular course of study required to get in law school, he took math and science courses.  He continued to do construction and landscaping work while in school.  When he graduated in math from the Junior college, he fished around for grants and scholarships, and got one for a sort of pre-vet course.  He moved to the U.C. Davis campus.  He had to sell a lot of his stuff to be able to fit in an apartment, but continued to do construction and landscaping.  He mowed lawns for people who had mowers, and installed sprinkler systems for others.  He trimmed lots of trees.  He got admitted to the University of Oregon, a law school that could not teach a cat to catch mice.  He was as concerned as all the first year students about the monumental student loans needed to support the 'education' aristocracy.  The first year class talked about the threat of debt.

Jeff said, “Carrie, what do you think of the prospect of paying off all this money?”

“I don't know, Jeff, I'm just telling you what everyone else says.  If you're broke 7 years from now, you can go bankrupt, and I hope it will not happen to me.”

“If you don't pass the bar, you work at a fast food place for 7 years and then give it up.”

“That would really suck.  But it's the risk you have to take, I guess.”

The risk got made a lot worse when student loans were made non-chargeable in bankruptcy after they graduated.

* * *

By the time Jeff graduated, he had already worked in the placement office, and found that there were no jobs for most of the class.  There are more law students than there are lawyers, so you can imagine how few and pathetic the opening jobs are.  Jeff moved to the coast and lived with a friend from law school, Ernie Dane.

“Can I be here for a while Ernie?”

“Long as you like.  We got two little offices downstairs, and I don't want to be partners,  because I don't want to answer for someone else's mistakes.”

“Fine with me.  We answer each others' phones and make no promises.  What kind of thing are you going to take in, Ernie?”

“I'm not going to do criminal defense.”

“I'll do that.  I learned half what I know from law school in Defense Clinic.  I'm not doing Real Estate.”

“No horse cases.  Neither of us.”

“Agreed.  I want to do Jones Act and maritime cases.”

“Have at it, but a wrongful death is mine.”

“Ernie, what are you going to take, anyway?”

“Consumer law.  Medical malpractice.  Business law, but you can do it too.  We'll see.”

* * *

As it happened, the two man law firm with the indigent defense contract was wiped out by the disbarment of both its principals.  Indigent defense contracts are a particular curse,  because they result in firms making lots of money while working rookie lawyers to death.  The breach was filled by the presiding (and only) judge who put all the misdemeanors and minor felonies on Jeff.  The District Attorney had a prevailing interest in peace and quiet, and a continuation of the salary he received without much in the way of trial skills.  Since Jeff was polite, he was given some very good offers, and for the most part, they were taken.  When a client turned an offer down, there was a show of 'my distinguished colleague' and that sort of thing, and Jeff pushed pretty hard on the cops (who always lied) and other prosecution witnesses.

Ernie picked up some great tort cases and made out rather well on some of them.  Then came the case that, in a just world, would have proven Jeff's ability.  It was an attempted murder of a police officer.  The facts were murky.  Jeff did what his ethical promises required:  To 'zealously represent the client within the law and the disciplinary rules.'

Jeff got a 'not guilty' in that case.  His friend,  Ken Goodman, a civil lawyer, went for a drink with him.

“It's your job to represent a client, Jeff.”

“I know that.”

“Thing is, You were supposed to let them win.”

“I would be wrong to do that.”

“You would.  Let me lay out the itinerary.  We go to lunch at the hamburger joint, we stop and get a 12 pack of beer, and we go to a place I want you to see.”

They ran that out, and ended up sitting on some flat rocks overlooking the ocean.  

“A 'sneaker' wave came and took 4 people off this rock 12 years ago and they all died.”

“There are no sneaker waves.  There are just people don't pay attention to how high the seas are coming.”

“Mother nature has never been called to the stand to give that testimony because she has immunity.”

They went up to the long disused house.  “This house is haunted since way long ago, something about a shipwreck.  And to top it all off, a mother drowned her two children in the bathtub 2 years ago.  Want to look inside?”

“Sure.”

They walked up the creaking stairs to see the bathtub in question.  The view from the second floor was magnificent.  They went downstairs quietly.  Ken picked up a burger out of the bag, and looked out over the ocean.  “This place should go for 200, but it never will.  If you buy it, I can tell you no maid will clean for you, and no deliveryman will come on the property.”

“Here, in the United States, we have haunted houses?  Why did you drag me out here to look at this place, Ken?”

“What did you make on your attempted murder case?”

“$26,000 and a bit.”

“This house is for sale.  Are you afraid of ghosts?”

“No.  What are they asking?”

“Not.  Nobody but me knows they want to.  Want to offer them 18?”

“Be a waste of time.”

“If you buy this house, you will have to move your office, because your buddy Ernie will not be able to be seen with you.  But there is a place right across from the courthouse.  It's not nice, but you can get it cheap.”

“What do they want?”

“$200 a month.  They live in Colorado, and they don't want to meet any ghosts.”

Jeff made both offers, and they were both accepted.  Ken did the title transfer, and Jeff did the living down of the name.  The court continued to appoint him, and he took all the cases that came.  The judge buttonholed him in the hall, and pulled him into chambers.  “Jeff, may we speak?”

“Certainly.”

“I need to appoint Kilroy.  Should I send it out?”

“I am not able to advise the court on that matter.”

“I don't care how much fur flies, Jeff, but this has to be a fair trial.  Defense counsel has to do his best.”

“If I am appointed by the court to defend anyone I will do so zealously, and within the limits of the law and the disciplinary rules.”

“Jeff, if you want out of Kilroy, now is the time to speak.”

“I have no argument against the appointment, and I will do my duty if appointed.”

“I didn't catch you sleeping, Jeff.  I have a second chair who has been on two homicides.”

“Introduce me to him.”

“ Jennifer Billings is not a him.  She has three years experience in the Portland Public Defender office.”

Jeff met Billings in the courthouse cafe.  They discussed the case, and were met by the DA, who offered life without.

Jeff and Jennifer discussed it, met with Kilroy, and refused the offer.

Jeff said, “This may never come to be. ”

They met with the DA, who thought it should all be swept up.  He offered 15-25 on two homicides.  Jeff acted unimpressed.  He took Jennifer to the jail and discussed the issue with Kilroy.   “15-25 is not bad,  but if they really wanted to move you out, they would be doing better.”

“They could still go for death.”

“They could, and they might.  And I have to put it to you straight.  They might get it.  We will do what we can, but it might not be good enough.”

Kilroy looked at Billings.  “Baby girl, you ready to see me die?”

Jeff held back the impulse to respond.  It would take from Jennifer's credibility.

“Mr. Kilroy, it is my job to see that does not happen.”

“Do you think you can do it?”

“If you were Sir Edmund Hillary, would you tell me you could do it, or would you say you would try your best?”

“I would ask your best.”

“That you will have.”

They left and went to the office.  “Jeff,  how do we deal with this?”

“We try to get him off, the state tries to kill him, and if we have done our best, then that is all we promised.”

“But what if it is wrong?”

“That's supposed to come out somehow.”

“But if it does not?”

“Then the State executes an innocent man.  It happens all the time.”

“And you don't care?”

“Genocide, murder, by whatever name, we are against it, but we really can't do much.”

“So what do we do now?”

“Research capital cases.  Look for a mistake made or not yet.  Get ready for long hours in the office.”

“I'd rather work at your house.”

“Get a mirror in front of you, Jennifer.  You spend one night at my house, and it will be all over the news, gossips, whatever.”

In the morning, Kim Scott, his investigator, told him he should not have let Jennifer stay the night, and then reported what she had found out.  

“The arresting officer has a bad conduct discharge from the Army.  I'm pretty sure they have tampered with the evidence.  Your guy is a registered son of a bitch, and could certainly have done it.  The deceased are some real bad actors, so it might be justifiable.  Everyone is lying.  The prosecutor is a politically motivated dirt bag.”

“Business as usual, then.”

Kim said, “Jennifer, have you ever tried a case like this?  They are going to scratch your car with keys, spit on you, refuse to serve you at the burger joint, which might be a favor, and spread rumors about you and Jeff, regardless of truth.  This case is going to be very ugly.”

Jennifer said, “I'm making money I need, and learning the profession I have chosen.  Ugly just comes along with it.”

Kim said, “I know a remodeler who needs a place to stay.  His name is Roland Lewis.  You could trade him room and board for a little work here, and it might be kind of handy to have him and Juanita around.”

“I have eight bedrooms, but not a lot of money to board anyone, and until we go to trial, I won't be able to pay for much in the way of materials.”

“Roland won't expect much of a food budget.  He's ex Special Forces, used to working in troubled parts of the world.  Juanita, his wife, is from El Salvador.  They have two big Rottweilers.”

“I don't mind dogs.  I want to get some cats.  Are his dogs cat chasers?”

“Cat lickers is more like it.  They're attack trained, but they are not mean until they are told to be.”

“Well, let's call him.”

Kim did so, and Roland said they would head right over.  Kim went over her investigation so far, which had not gotten anything useful but had illuminated a nasty incident about which every witness appeared ready to lie.  Jeff loaded the rice cooker and started it.  He took the chicken that was thawing in the sink, and put it in the microwave to speed up the process.  He had intended to thaw it and re freeze it in separate bags but with guests coming,  it would all go on the grill.

Jennifer asked, “Are we hiring a mercenary, Kim?”

“More or less.  It's not on you.  Not your house, not your responsibility.  If you stay overnight, having Roland around will be a good thing.”

They went over the case some more.  Kim thought the cops had some interest in the two guys Kilroy had allegedly killed.  “That kind of thug gets blown away all the time without much happening.  They were informers, bag men, something.  There are ruffled feathers all over, and there has to be a reason.”

A pickup pulling a very small travel trailer pulled in.  The driver came and knocked on the front door.  Kim looked out the peephole, and then opened it.  “Hi, Roland.”

“Kim, can we let the dogs out to look around and so?”

Jeff said, “Sure.”

They went in while Juanita let the dogs out.  She came in a minute later and locked the door behind her.  Everyone sat at the table.

Jeff said, “I am thawing some chicken and cooking some rice.  Anyone want a beer?”

They did, so he passed them out.

Roland said, “I find people sit on pins and needles asking about your roses when they want to know what is really going on.  So, we need a place to stay.  We want the most strategically located places, which I think are in your attic.  We want food for ourselves and our dogs.  We will work on your house, clean it, stuff like that.  And we will drive you to and from the courthouse and everywhere else.  We both have carry permits, and we both carry 24/365.”

“Let's take a look around.”

“Can the dogs come in?”

“They can, but I may want to get some cats soon.”

“Someone tries to hurt your cats, the dogs will tear him apart.”

He opened the front door, his hand under his shirt in back.  He whistled, and the dogs came in.  They were enormous Rottweilers.  Jeff took them for a tour of the house.

“You have your work cut out for you, but it's worth fixing.”

“What do you figure I'm going to spend, percentage of building new?”

“Half.  It won't be worth what a modern building would be, but I would fix this one, same as you.  It has character, and if you wrecked it, you would be paying twice as much.”

“It's haunted and all that.”

“That could be important, or maybe people just think it's stupid.  Think about any spot here.  Can you hear the hoof beats of conquistadors maybe American cavalry and the screams of murdered women and children?”

“If I could hear them, I might go crazy.”

“I stayed at a hotel in France once.  It had 21 rooms, in which 92 people had died.  The earth is stained with the blood of those who had bad luck before us.”

“Well, let's hope our luck is better.”

They went all around the house with the dogs sniffing everywhere.  The attic was for sure the place to be.  Roland and Juanita set up there.  They came down for dinner, and the mood was light.  

In the morning, Roland got a load of sand dumped next to the house.  Juanita bought groceries and sandbags, and they made two positions on diagonally opposite corners of the attic.  

The lead up to the trial was predictable.  The usual death threats and all that.  The trial itself went quieter.  Neither defense nor prosecution would comment.  There was one incident when a vigilante fired several shots into Jeff's house.  Nobody was hit inside.  Juanita center punched the perpetrator with a .338, and that settled that.  The testimony was uneventful in that nobody was telling the truth.  Kilroy did not testify, making him an exception to the lying.  The jury was smarter than juries usually are, and decided that since they did not believe anything they had heard, they would stick on the presumption of innocence.  The vigilante element didn't like that, and they came up to the house, and threatened to cut the chain on the gate and come in.  The Sheriff put that to a stop, making a few arrests.  He only had one deputy with him, and about 35 people threatening a riot, but his ace up the sleeve was Roland in the attic with a legal M-60 machine gun.

* * *

In the aftermath of all that, Jeff got the indigent defense contract.  Ernie decided he would like some misdemeanors since the wrongful death cases were slow.  (none).  Jeff got some glory to the DA by giving up some real bad guys.  He offered them a change of counsel, which left him without an ethical obligation.  Jennifer started asking about a ring.  Jeff would put one on her finger if it did not have diamonds on it.  In the Jeff view of things, diamonds are dug by slave labor, and marketed by organized crime.  Regardless of the truth or falsity of that, Jennifer started looking at other rocks.  She found a spectacular water clear sapphire cut by a master gem cutter named Rudi.  Rudi's wife, Mary, would make a setting for it with two side stones, from the same rock, and a wedding band that would feature a circle of sapphires, with the largest on top, and the smaller stones down both sides.  Both rings would have hundreds of tiny synthetic stones on them like sequins on a ball room dress.  The tiny stones would have a better dispersion and index of refraction than diamonds.  How the cutters could make them, and Mary could set them remains a mystery.  It must have been a lot of work.

They completed the job, and delivered the rings.  It cost Jeff $11,000 total, a good price for the work.  Since neither had relations in the area, they had a simple ceremony at the local church.  Jeff continued with every case that came along.  Roland painted, scraped, and repaired everything.  Jeff bought a new main electric panel, and they started taking new lines to anything that did not work right.  Juanita didn't know much about electrical, but she was small, and could get into narrow spaces to pull new wire in and old wire out.  Unfortunately, Jeff did not get along as well with Jennifer as he did with Roland and Juanita.  Jennifer started bickering about everything.  Jeff couldn't understand it.  She was the girl with everything.  She was living in a nice house on the Pacific and eating fresh rock fish every day.  Jeff's friends were bringing crabs and shrimp often.  

* * *

Jennifer filed for divorce.  The judge had retired, and in his place, they now had a new one the local lawyers called “The Wicked Witch of the West.”

The Wicked Witch gave Jennifer the house, which she had never contributed a nail to, and also Jeff's car.  He had the office in town.  He had prepaid the rent in cash so he would at least have that.  Roland and Juanita parked behind the office, and all of them slept on the floor in back.  The indigent defense contract was awarded to Jennifer.  

A while later, Jeff, Roland, and Juanita were in the cafe drinking coffee.  A young lady came to their table.  “I believe you are  Jeff Denton.”

Roland and Juanita made that slow but fast movement of gunfighters.

“I am.”

“I am Annie Cline.  I heard you got divorced.  I don't want to be a hyena coming in on the kill, but I need work, and you might have it.  If this is like, not all right...”

“The life of a lawyer is seldom secret.  She got my house, and my car.  The office is rented.  This is Roland, and his wife, Juanita.  They were there for me when the shooting started.  I recommend them highly.”

“I want to try criminal cases.”

“We don't have a popular judge here right now.”

“What's the significance?”

“You won't get much justice.  You never will but this will be worse.  I intend to quit.”

“If guys like you quit, it will only get worse.”

“If the sun rises in the East, it will get worse.  You can take over my practice if you and the clients like.  I've seen your work with Paul.  You have the one non-negotiable quality.  You care.”

The sun rose in the East, and Roland went to work for a security company providing services for Western oil companies in the Middle East.  Juanita was doing the home maker thing somewhere.  Jeff started shifting cases over to Annie.  In October, his malpractice insurance and law license would expire.  Annie had to come up with the rent then.  One of the local guys wanted to sell a big  RV that ran fine, but was otherwise in pretty bad shape.  He asked $3,000, and Jeff said he didn't have that, so they settled on $2,000.  A former client,  Alan Chivers, asked Jeff to come and visit in Texas.  

Jeff sold the practice, the computer, the filing cabinets and all to Annie for $5,000.  Most criminal work is done on a non-refundable fee basis, which means all the money up front.  A criminal practice therefore has the liability to work the outstanding cases.  Annie would have to do a lot of unpaid work, but she would have a phone that rang with people who needed a lawyer.  If she talked it well with them, she could sign up most of them.

Jeff put everything he had kept in the RV, and headed West.  He slept at a truck stop somewhere.  The truck stop did not have dump tanks, and Jeff got kind of burned up, and drove out a dirt road, stopped at a pullout, and dumped the tank.  He felt guilty about it long after the soil had taken the crud and dealt with it.  

The next day, he arrived in Starlight, Texas.  He found Alan's house easily enough.  Alan had told him it was light blue, and on the same street as the grocery store.  Jeff had better details, but he had no occasion to use them.  Alan came out, and pointed out the truck at the grocery store.  “Let's go.  Work.”

They went over to the grocery store, and the wife of the owner, Melinda, clocked them in.  They emptied the truck and put it on the shelves.  Melinda clocked them out.  She got Jeff's social security number (National Identity Number) and invited them for a cup of coffee.  

“So you know Alan.  What's your name?”

“Jeff.”

“Where do you know this outstanding citizen from?”

Before Jeff could try to not answer, Alan said, “He was my lawyer in Oregon.”

“An educated man comes to Starlight?  We better get him to figure something out for us before he goes.  Jeff, you know how to file a bankruptcy?  Half the town needs that.”

“I would have to be a member of the Texas bar and admitted to practice in the federal court, and also know how to do the work, so no.”

“What good is it to be a lawyer?”

“Don't let this out.  Nothing.”

“Want to see how a patriot starts his day, Jeff?”

Alan said, “I'm off to do this and that.”

“You a tough guy, Jeff?”

“Not especially.”

“I'll keep you on the clock.  Help me get my son ready for work.”

“All right.”

“In there and to the right.  His name is Tony.”

Jeff went in, and knocked on the door.  “Come.”

Jeff went into a room dominated by a hospital bed.  “Melinda wants me to get you ready for work, if you are Tony.”

“That's me.  My legs don't work.  So the first thing is, we got to get me out of my PJ's and into the shower.  Just pull them from the cuffs.”

Jeff did that, and Tony took his shirt off.  “Now we get to the shower, uh?  Lock those wheelchair brakes, and I am gonna get in, and then we go over there.  Second thought, let me stop at the toilet first.”

Jeff parked him there, and stood outside the door.

“You've never done this before.”

“No, Tony.”

“You're all right.  Let me tell you how it is.  I can pee when I need to, but I have nothing for women.  I caught a little piece of shrapnel in Iraq.  My legs are just decorative now.  I will never walk.  I'm gonna get in the chair again, and  go to the shower.  I don't need help to do that, so just hang loose.”

“I'm an expert at standing by.”

“A lot of people can't deal with this.”

“W. Bush should spend eternity helping wounded vets.”

“Mother Teresa would not consider it punishment.  A privilege.”

“If he got there, I would send him to heaven.”

“Right on.  Now, your job is to be here, and if I yell, you are ready to turn the hot water off first, and the cold second.  It won't happen, but know the drill.”

“Got it.”

Tony got out of the shower, and Jeff helped him dry off and dress.  They went out to the store, where Tony took his place at the first register.  

Melinda clocked him out.  “Is he worth a damn, Tony?”

“He's the best, Mom.”

Jeff went back to Alan's house and went to sleep in the RV.  Just when he was almost dreaming, a knock came on the door.

Jeff was dressed, so he just opened the door.

“Traveling can get a man off his clock.  I heard we had a philosopher in town.”

Jeff rubbed the sleep out of his eyes.  It was mid day.  “I'm Jeff Denton.”

“ Jim Ames.  Evening Star Ranch.”

“Before I get philosophical, and ask why we are all here, could I ask why you are here?”

“To talk philosophy.”

“Uh, I have not taken a shower yet this morning, and I don't think Alan is in yet.”

“Use the garden hose.  I won't watch.  I find if you get water on you, you don't feel yucky.  I doubt a guy who has been wet under a hose will smell bad, either.”

Jeff washed, and went in and dried off and dressed.  He opened the door.  “Want some coffee, Jim?”

“We'll have that at the cafe.”

They went out.  Jim handed Jeff a key.  “You're driving.”

“Where is the car?”

“Right there.”  He pointed at a Kenworth T-2000 semi tractor.

“I don't know how to drive that.”

“Nobody was ever born knowing how.  Everyone learns from someone else.  Cowboy up, and get in the driver's seat.  You know how to double clutch shift?”

“Yeah.”

“You have to do it on up shifts, too, until I show you how to shift without the clutch.  Put it in third.  When you get to the top of the chart on 5th, you are going to have to push the button and shift to where first was, and that will be sixth.  Let it up without throttle.  The governor will keep it going for you.  Now put a little throttle to it.  There is your shift mark.  Clutch, neutral, clutch, gear and 4th.  Shine this fool on that is going to fly around you.  Another shift, just like, to 5th.  Next comes the hard one.  You are going to do the same thing, but you have to hit the button while you are in neutral, and then go to what was 1st before.  Do it.” 

“Where are we going?”

“Where the sign says 'Cafe'.  Slow down and get ready to turn, and now hit the button, let her go to about 2000 and clutch her into 4th.  Good.  Pull in there, and park this thing where nobody can block you.” 

They went into the cafe, and the waitress brought coffee.  

Jeff said, “I like about ¼ milk in mine if that's all right.”

She winked.

“Jeff, what brings you to this little place?”

“ Alan Chivers.  I know him from Oregon.”

“So you did criminal defense?”

“I did, but I cannot comment on Alan, or confirm or deny that he was a client.”

“Your mind must be a maze that most people could never find their way out of.”

“Abandon all hope, ye who enter here.”

“The way a lawyer thinks.”

“The way anyone thinks if they have to do the law thing.”

“Is there always a secret place inside where your own thoughts live?”

“Certainly.  Not even the legal system can take that away.  Maybe a concentration camp could.”

“They didn't get John McCain.”

“But the system did.  He was for bailing out the Wall Street Banks for $700 billion for their own greed.”

“What would you have done?”

“Let them sink.  I don't know what the Evening Star Ranch is, but I doubt anyone would come to save you if you bought a lot of cattle for high prices at exactly the wrong time.”

“They wouldn't.  Do you think they should?”

“We