“Mrs. Kim, the legal issues you have raised are valid, but I hope, when you discuss how you should proceed in this case with the attorney general, that you try to view this case not as an attorney, but as a human being who can do something good for a person who has been horribly wronged.”
Frank Melville’s face was visible on a monitor, and Robin could see tears streaming down his cheeks. Jose was visible on another monitor. He looked shell-shocked. Robin picked up the phone that connected her to Jose.
“Did you understand what just happened?” she asked.
“They’re going to let me out?” Jose asked, as if he was not completely convinced.
“Not right away. There were a lot of complex legal issues thatwere raised in your case, and the State has the right to appeal the judge’s decision. An appellate court could decide that the judge was wrong on the law and reverse him. Both sides could eventually end up in the United States Supreme Court. In the worst-case scenario, you could still be living on death row. And, even if we win eventually, the case could drag on for years. But Judge Davies made a powerful argument in your behalf. He’ll have fleshed it out and expanded it in his written decision. I’m hoping that the AG’s office decides to do justice and decides not to appeal.”
“When will we know?” Jose asked.
“Don’t sit by the phone, Jose. Making a decision on an appeal could take months. Just keep your fingers crossed and your hopes in check.”
CHAPTER THIRTEEN
“You did it!” Robin told Frank Melville. “Mary Kim just called me. The attorney general decided that there was a good possibility that Jose was innocent, and the State isn’t going to appeal. Jose is going to be free.”
There was silence on the line. Then Robin heard an intake of breath followed by the sound of her client crying.
“I don’t know how to thank you,” Melville said when he had regained his composure.
“You don’t have to. Freeing an innocent person from death row is the best present a defense attorney can get.”
“What will Jose do now?” Melville asked.
“I don’t know. I’m headed down to Salem as soon as we hang up to tell him the news, and I’ll ask. Both of his parents passed. I don’t know about any other relatives, and I doubt he has any friends he can rely on after thirty years in prison.”
“He has one person he can rely on. Tell Jose I’ll take care ofhim. I’ll pay for a room at the best hotel in Portland until he can find a place to live, I’ll cover his food and pay for new clothes, and I’ll use my contacts to get him a good job.”
“That’s very generous of you.”
“It’s poor compensation for what Jose has suffered.”
“I’m sure he’ll be grateful,” Robin said, although she wasn’t sure how Jose would react, knowing the anger he displayed whenever she mentioned Frank Melville’s name.
“I want to meet Jose,” Melville said. “I want you to bring him to Black Oaks to celebrate his freedom. You must come too. And bring Mr. Breland. I was very impressed by his investigative skills, and I may have more work for you two.”
Two hours after Robin ended her call to Frank Melville, she was seated on the attorney side of the noncontact visiting room at the Oregon State Penitentiary.
“It’s over,” Robin said when Jose picked up the receiver.
Jose stared through the bulletproof glass as if he had not heard what Robin had just said.
“We won,” Robin explained. “The State isn’t going to appeal Judge Davies’s decision. You’re going to be free.”
Jose continued to stare. Robin smiled.
“This is not a dream, Jose. It’s real. You’ll be released tomorrow, and I’ll be here to pick you up.”
Jose sucked in a breath. Then tears began streaming down his cheeks. He drew his arm across his face to wipe them away.
“I told Mr. Melville about the State’s decision before I drove down. He’s putting you up at a very nice hotel in Portland and paying all of your expenses while we try to find you a place to live.He wants me to drive you to Black Oaks to discuss your future. Mr. Melville wants to know if you want to finish your college degree or find a job. Think that over. We won’t be going before the weekend.”
Jose’s features hardened. “I don’t know if I want his help.”
Robin stopped smiling and leaned forward. “We’ve talked about this, Jose. You have to let go of your anger toward Mr. Melville. You know that there was nothing he could have done until Stallings died. And once he knew Stallings was dead, he did everything he could to set you free.
“Holding a grudge will only hurt you. Your pride has kept you going all these years, but you can’t let it stand in the way of accepting the help you need to get back on your feet.”