Tags:
Fiction,
General,
LEGAL,
Suspense,
Crime,
Police,
Murder,
Legislators,
Attorney and client,
Traffic accident victims,
Kincaid; Ben (Fictitious character),
Confidential communications
breath. “I’m sorry. You must’ve misunderstood me. What did you think I was proposing—murder? Gosh, I guess I didn’t explain myself clearly. The truth is, I’m writing a book.”
Ben looked at him levelly. “Go on.”
“That’s life in academia. Publish or perish. And I’m sure you know how important research is for a scholarly book. You’ve written books yourself, haven’t you?”
“Yes. Nonfiction.”
“Well, I’m planning a literary novel, something different from my usual critical analyses, and in my totally fictional story, a man commits murder, but then tries to get a pardon to get himself off. Or failing that, takes steps to establish a claim of temporary insanity.”
“Do tell.”
“So my point in coming here is to find out what would be the best steps to take to support a subsequent claim of temporary insanity. You can help me with that, can’t you? Since you are an author as well as a lawyer?”
“But I’m not a total idiot.”
“I understand that you—I mean, the lawyer in my book—would need to be able to show that I was unable to distinguish right from wrong at the time the murder was committed.”
“Yeeeeeesss …”
“What if I were on some kind of drug? Would that help? Or maybe if I forgot to put my clothes on? That would certainly show diminished capacity, wouldn’t it? If I were standing there starkers wearing nothing but a gun?”
Ben rose to his feet. “Look, I don’t know who you think you’re dealing with, but this has gone far enough. Despite what you’ve said, this sounds a whole lot like you’re planning a murder and trying to get advice on the best way to do it!”
“What about irresistible impulse? I’m thinking that might be the best way to go.”
Ben’s brows knitted together. “Exactly what kind of research have you been doing?”
“I think the jury would believe that I was unable to control myself, after all that’s happened to me. And that’s all you need, right? Just an excuse for jury nullification. Getting the jury to ignore the law and reach a verdict based on sympathy for the defendant.”
“Why temporary insanity? Why not just claim you’re absolutely totally stark raving insane?”
“Ah, but then I—I mean, my character—would be committed, right? If he succeeds on a claim of temporary insanity, however, he goes free. No jail because he wasn’t responsible for his actions, and no commitment because the insanity was only temporary.”
“You wouldn’t go free. Not after killing a cop, not even on a temporary insanity defense. You’d be committed for observation.”
“Yes, but for how long? Until the doctors think I’m well and won’t be a threat to society? That shouldn’t take long.”
“Look. I’m not going to have anything to do with what sounds to me like a very twisted little scheme.”
“I’m just doing research!”
“Yeah, and I’m just waiting for my Yankees tryout. I’m a member of the bar, Mr. Thomas—”
“Dr. Thomas, if you don’t mind. I’m a Ph.D.”
Ben drew in his breath. “—not to mention a U.S. senator. I’m an elected—well, appointed official. I can’t assist you in the commission of a crime. In fact, I have a duty to report any plans to commit a criminal act.”
“I said nothing about any plan to commit a crime. I told you, I’m just researching a book. Although …”
“Although you might just lose your head and take drugs and go commit a murder with your clothes off? I want you out of my office.”
Dennis picked up his briefcase. “Fine. If you say so.” He stood, then hesitated a moment. “You know, Mr. Kincaid, I have to say—I’m disappointed. I heard you were different. I heard you didn’t just take care of yourself. I heard you cared about other people.”
“Way too many people are talking about me these days. Look, I care about other people, but—”
“No, you’re covering your own butt, like everyone else. Playing by the rules. The same attitude