The Tenth Justice
irritation. “I’m not saying he’s innocent of all the murders, but if he killed two people instead of three, he might not’ve gotten the death penalty. Maybe the jury would’ve sentenced him to life imprisonment instead.”
    “Ben, this guy killed two innocent children in one night. Even you admit that. If he didn’t kill three, big fuckin’ deal. He still deserves what he’s getting.”
    “That’s just your opinion,” Ben said, jumping from his seat. “If the jury voted on three murders, that’s different than two murders.”
    “But you don’t even know if the officer’s testimony would’ve gotten him off,” Lisa interjected. “Maybe he still would’ve been found guilty.”
    “But maybe he wouldn’t have,” Ben waved his hands, exaggerating his point. “It’s not up to us.”
    “Listen to yourself,” Lisa said, getting up from her seat to stand face-to-face with Ben. “You can’t redo every trial just because you would’ve done it differently. The jury heard the defendant’s testimony. They heard him say there was an alibi witness who he couldn’t get in touch with. They still convicted him of three murders. Just because a cop saw this mystery witness, that doesn’t mean the witness was really an alibi. Whether the policeman’s testimony was admitted or not, the alibi couldn’t be found. Seeing a person who could potentially be an alibi doesn’t add one iota of proof that an alibi existed.”
    “But it does change the story the jury heard,” Ben said. “I’m not saying the policeman’s testimony would’ve proven the alibi, but it would’ve added some strength to the defendant’s story that a mystery man existed. Before you go to your death, I think you should at least get every opportunity to prove your story.”
    “You just feel bad for this guy because you don’t like the death penalty as a solution,” Lisa said.
    “That’s exactly right,” Ben said, cracking his knuckles. “I want to recommend Hollis take the case. If you don’t agree, I understand, but it’s worth it to me. If Hollis disagrees, the worst that happens is I look bad. Considering this guy’s life is at stake, I’ll risk it. If it makes you happy, I’ll put only my name on the memo.”
    Lisa shook her head and put her hands on her hips. “Do you really feel that strongly about this asshole?”
    Ben nodded.
    “Fine, let’s write the recommendation,” Lisa said. “If Hollis disagrees, though, I kick your ass.”
    Returning to the computer, Ben smiled. “Deal.”
    “Hurry!” Lisa yelled at five-fifty A.M. Racing out the door with the newly printed, thirty-two-page recommendation, Ben headed straight for the fax machine in Hollis’s private office. Twenty minutes later, he returned. “Can we be more tired?” he asked, smoothing back his now greasy hair from his forehead.
    “I assume the fax went through okay?” Lisa asked. The bags under her eyes highlighted her own exhaustion.
    Ben nodded and sat down next to her on the sofa.
    Squinting up at her co-clerk, she said, “You really have a wussy beard.”
    “I do not,” he said, running his hand across his light stubble.
    “You do too. It’s not a character flaw. It just means you’re not a real man.”
    “You wish you knew how much of a man I am,” Ben said, smiling.
    An awkward silence filled the room. “You just flirted with me,” Lisa said.
    “What are you talking about?” Ben laughed.
    “You did. You just flirted.”
    “I did not.”
    “Then what was that ‘You wish you knew how much of a man I am’? You might as well have said, ‘Check out my meat.’”
    “That was it. You got me,” Ben said sarcastically. “Hey, Lisa, let’s end these games. Check out my meat.”
    “You wish I would,” Lisa said with a smirk.
    Ben pointed at Lisa. “Don’t pull that with me, woman! That was you flirting with me. You just did it back!”
    “You’re crazy,” Lisa said, laughing. “Listen, let’s just forget this. We’re not

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