Innocent Mistakes Page 7

  “Leigh Dalton’s a …”

  Dad gives Mom a look, and she trails off, leaving the rest of the sentence unsaid.

  Officer Hill finishes it for her. “She’s a piece of work, is what she is.”

  “This woman called her brother in the FBI because someone made an unkind comment about her son?” Disbelief drips from Aunt Sasha’s voice.

  “That’s how it went down,” the police officer confirms.

  Dad shakes his head.

  “Why does she care so much?” Aunt Sasha muses. “I mean, I get it. I have kids. I’d be hurt, upset, even angry if someone posted something like that about one of my children. I certainly wouldn’t make a federal case out of it.”

  “Ah, but you aren’t running for school board,” Officer Hill points out.

  Aunt Sasha closes her eyes for a moment. When she opens them, her face is full of understanding and dread. “You’re serious, aren’t you?”

  “I’m afraid so. And take a wild guess as to what her signature issue’s going to be.”

  “Cyberbullying.”

  “Cyberbullying,” the officer confirms. “So that’s why she’s making a federal case of it, and that’s why Principal Dunbar’s hands are effectively tied. If she gets on the school board, she can make his life miserable. She could even call for his removal. But I can tell you that he doesn’t think the post even rises to the level of a violation of the cyberbullying policy because it’s a one-time post. I’ll deny that if you repeat it.” She scans the room to make sure they all get it.

  They do.

  Aunt Sasha nods. “It’s even more than that. Not only was it a single post, there’s no evidence that it was disruptive to the school environment or that it had any impact on Hunter.”

  Officer Hill raises an eyebrow. “I see you read the policy. Yeah, there are a lot of reasons why Keenan Dunbar doesn’t want to touch this issue. So his plan was to report the comment to me and let the police department handle it. Which is what he would have done if Merriweather hadn’t butted in.”

  “So how are we here now? Did Agent Merriweather have a change of heart overnight?” Aunt Sasha wants to know.

  “You tell me. I understand your husband works in federal law enforcement. What do you think happened?”

  Aunt Sasha laughs. “I’m sure when he tried to open a case, he was told to kick it back to the Commonwealth. The federal criminal system isn’t really set up to prosecute juvenile cases. There’s a preference to refer these matters to a state agency. And if it came out that this was a favor for his sister … well, he probably got chewed out.”

  “Probably. He took a run at Mr. Dunbar this morning with the evidence from the mobile carrier, trying to get him to call in the FBI. But Keenan handed it off to me, so here we are. To answer your question, there is an ADA looking at the evidence right now to see if there’s a basis for a state cyber harassment charge, even though it’s only one alleged communication.”

  Colin turns his attention to his aunt. “Can they do that? Charge me with cyber harassment?”

  She nods. “They can charge you with anything they want. But that doesn’t mean the charges will stick. We’ll talk about your options once we hear what the prosecutor is thinking.”

  As if someone’s been waiting for their cue, there’s a knock on the door.

  14

  Sasha’s distracted by the news that Agent Merriweather is Hunter’s uncle. Lost in thought, she doesn’t immediately focus on the assistant district attorney when he walks through the door. She registers a white guy in a suit, but nothing more. He’s already crossing the room to shake hands with Sean and Jordan when her brain locks onto the warm grin and the slightly too long curly hair, and she realizes she knows him.

  “Joe Donaldson?”

  Joe turns toward her with a wry laugh. “Shoot, when I saw Colin’s last name and Officer Hill mentioned he has a relative who was a lawyer, I was hoping it wasn’t you.”

  “Good to see you, too, Joe.”

  “No offense, of course. I just don’t want to tangle with you.”

  He’s the same Joe, ten years older. His blonde hair’s thinning on top, and there are laugh lines around his wide smile. But his step still has the irrepressible bounce she remembers. He’d been an eager puppy dog first-year associate the last time she’d seen him on her way out the door of Prescott and Talbott.

  Sean’s giving her a quizzical look.

  “Joe and I worked together at Prescott and Talbott,” she explains.

  “I worked for Sasha,” Joe corrects her. “I was on the Hemisphere Air trial team.”

  “Now remind me, which case was that?” Jordan asks.

  “The one where Sasha stopped a plane crash,” Sean tells her.

  “And found Noah Peterson’s killer,” Joe adds.

  “And met Uncle Leo,” Colin chimes in.

  “Right, right,” Jordan says.

  Sasha smiles at Officer Hill, who’s staring at her in disbelief. “It was quite a case.”

  “Guess so.”

  Joe focuses on Colin and extends a hand. “Hello, young man. I’m Joe Donaldson, the deputy chief of the juvenile court unit at the district attorney’s office.”

  “Uh, hi, Mr. Donaldson.”

  Sasha’s impressed, but not surprised, by the title. Joe’s easygoing manner hides a sharp legal mind.

  “This case is a little below your pay grade, don’t you think?”

  He tilts his head and gets a thoughtful look on his face. “Well, it’s an unusual case. So we thought it better if I handle it myself.”

  “Unusual in what way?” Sasha wants to know.

  Joe takes the chair that Officer Hill has vacated and removes a folder from his briefcase. “Okay, let’s jump right in. I’ve reviewed the evidence, Officer Hill’s report, and, of course, I’ve seen the comment directed at Hunter Dalton.”

  “I didn’t write that,” Colin blurts.

  Sasha gives him a warning look. Colin bites his lip, his face turning a deep red. Joe doesn’t miss the exchange.

  “Now, your Aunt Sasha doesn’t want you to talk to me, and that’s her job—to protect you. But my job is to explain your situation to you. So, why don’t I do that?”

  Colin nods.

  “You’re looking at a charge of cyber harassment. I’m prepared to recommend a referral to a diversionary program. You’d need to pay a fine, attend a class about cyberbullying, and apologize to Hunter. After you do those three things, your record will be expunged. That means, as far as colleges and any future employers are concerned, it’s like it never happened. What do you say? We can get this in front of a magistrate judge this morning to formalize it.”

  “I’m not going to apologize for something I didn’t do.” Colin’s voice is flat and hard.

  Joe sighs. “See, this is a problem, Colin. If you refuse to take responsibility and own up to what you did, I can’t help you. I can’t recommend diversion.”

  Sasha watches as Colin’s face closes and he balls his hands into fists.

  She jumps in before he can explode. “I’ll need some time to talk to my client, Joe. Does this offer expire?”

  He shakes his head. “No. I’m not going to pull the offer off the table, but there’s not a better one coming. I mean, this is a generous offer.”

  “I understand.”

  Joe goes on, musing, almost to himself. “The way this came to us is unusual. The FBI doesn’t usually get involved in stuff like this.”

  “You’re aware that Agent Merriweather is Hunter’s uncle, right? And he questioned Colin yesterday at school without informing his parents?”

  Joe winces. “It’s not the cleanest situation. But, the irregularities aside, the FBI did turn over everything I need to establish in court that Colin posted that comment. Now, we can argue about whether that post was actually a threat, and I’m sure you will, but—”

  “You bet I will. I also plan to argue that one post is not a pattern.”

  “Sure. I’m
not saying that Colin doesn’t have defenses, because of course he does. But given the evidence in this case, ‘I didn’t do it’ isn’t a winning defense.”

  “But I didn’t!”

  Jordan clears her throat. “And Hunter’s parents will agree to this resolution? I mean, if we pay the fine and Colin takes the class, they’ll let this go?”

  Joe purses his lips. “Well, without going into details, Mrs. Dalton in particular is not happy about the idea. But if we were to go to trial, I’d need Hunter to testify and … between you, me, and the lamppost, he’s not the most sympathetic victim.” He turns to Colin and says sternly, “But that doesn’t mean that it was okay to tell him to kill himself.”

  “For the last freaking time, I didn’t!” Colin slams his fist down on the table.

  Beside him, Jordan jumps. Officer Hill takes a half step forward. Sean puts a hand on his son’s shoulder.

  “Can we have some privacy, Joe?” Sasha gives him her most winning smile.

  He stands and hands her the folder. “Sure. Why don’t you show your client the evidence the judge will see. Maybe that’ll get through to him.”

  “Thanks.”

  Officer Hill pauses on her way out of the room. “This door’s not locked. Just poke your head out in the hall when you’re ready to talk to ADA Donaldson.”

  “Will do,” Sasha assures her.

  She waits in silence until Joe and Officer Hill leave and the door closes behind them. Then she sits across from her nephew and gives him a steady look.

  “Colin, I believe you. You didn’t post that comment.”

  He gives her a skeptical look. “Do you?”

  “Of course. But can you explain how it came to be posted under your account, from your phone?”

  “No! All I know is I didn’t do it. You have to believe me!” His voice cracks. He’s talking to Sasha, but he’s looking at his mother.

  Jordan gives him a sad smile. “I do believe you, Doodle. But, you know, it’s going to be hard for Sasha to explain away the evidence. Maybe this is a situation where you decide to live to fight another day.”

  “You want me to say I did something I didn’t do? You want me to lie?”

  Sean sighs. “Of course we don’t want you to lie. But if you don’t take this deal, your aunt is going to have to make an argument to the judge. What happens if she loses?”

  Sasha puts up a hand. “I don’t intend to lose, first of all. You heard ADA Donaldson, we have legal arguments. And I’m pretty good at making those. And like the ADA said, Hunter isn’t going to be the most persuasive witness. But, I won’t lie: the evidence is a problem. I’ll have to come up with some plausible alternative explanations if Colin decides he wants to go to trial.”

  “Is it his decision or ours?” Sean wants to know.

  “Colin has to agree to it. He’s the one who’ll have to take the class and apologize. Besides, it’s his life. Can you pressure him? Sure. Could you force him? Maybe, but I wouldn’t. And if he doesn’t want to take the deal and you and Jordan insist on it, then I’ll find you another attorney. Because I won’t go along with that.”

  Her brother clenches his jaw, and she looks back at him impassively. She’s not trying to rile him up, but Colin’s her client, not Sean.

  She levels her gaze on her nephew. “Do you understand? I’m your attorney, and I believe you.”

  Tears well up in his eyes and he drops his gaze to the table. She catches her lower lip between her teeth and considers what she’s about to say. Then she inhales deeply and forges ahead.

  “You may not know this, Colin, but I went through a diversionary program myself—in criminal court.”

  He raises his head and blinks up at her. “You did? Why?”

  “Well, I didn’t think I did anything wrong. Long story short, I got into a bar fight.”

  “You did?”

  “Yes. I was protecting a young woman who was being harassed by some guy. But, he wanted to press charges. The DA offered a deal, not much different from yours. They wanted me to take a court-ordered anger management course.”

  “Did you?”

  “I did.”

  “But you were defending that woman! That’s not fair.”

  She smiles at the indignation in his voice. “That’s what I said, too. But, even though I believed I was in the right, your Uncle Leo and my partners at the law firm asked me to take the deal because the downside of fighting it would impact a lot of people. Not just me, but your cousins and your uncle and all the people who work with me. So I took the deal, but I was bitter about it. I might still be, to tell you the truth.”

  He stares at her, for a long moment. “You’re saying I should take the deal?”

  “No, I’m saying understand the decision you’re facing.”

  Jordan leans over and rubs his back. “Listen, if you really want to fight this, your dad and I will support you.”

  Sasha looks at her brother. His expression is tense and tight, but he nods in agreement. “This is your call, buddy.”

  The room is hushed. Sasha watches Colin weigh his options.

  Finally, he lets out a world-weary sigh. “Fine. I’ll take the deal. Do I have to sign something?” His voice is cracked and raw.

  “Are you sure?”

  He shakes his head yes but doesn’t meet her eyes. “Yeah, let’s get it over with.”

  She flips through the papers that Joe handed her and reaches into her bag for a pen. As she leans over to place the documents on the table in front of Colin, she scans them and freezes. Her heart smashes against her rib cage.

  “Aunt Sasha?”

  She furrows her brow, reads the factual predicate again, then places the sheet on the table in front of her nephew. She points with her pen. “See this sentence, where the Commonwealth says the FBI’s forensic data team established that the post was posted by this specific phone number?”

  He studies the passage. “Yeah?”

  “This isn’t your phone number, is it?”

  He gapes at her. “No, it’s not. It’s off by a digit.”

  Sean shakes his head. “I don’t understand. I thought our cell phone carrier confirmed that the post came from Colin’s number.”

  “They confirmed that the number is assigned to one of the lines on your account.”

  “So they got it wrong?” Jordan asks. “They made a mistake?”

  Colin gives Sasha a pleading look. He doesn’t want to be the one to tell his parents.

  She gathers her thoughts before responding. “For the purposes of our conversation with ADA Donaldson, the important point is that this is not Colin’s phone number. Understand?”

  “But if that’s true then—”

  Sasha interrupts her sister-in-law. “Then it means we have a different situation to deal with, but it also means that Colin absolutely should not accept this deal. Joe will drop this. He’ll have no choice. I’m going to call him back in. Colin, don’t volunteer anything. Answer the questions I ask you. Don’t respond to his. Got it?”

  He’s staring at her with a dazed, slightly sick expression. “Yeah, I got it.”

  “Good.” She turns back to her brother and sister-in-law. “That goes double for you two.”

  She hurries across the room, yanks the door open, and pokes her head out into the hall. “Joe, we’re ready to talk.”

  15

  Colin presses his hand down on his thigh to keep his leg from jiggling under the table. He doesn’t know if ADA Donaldson can read body language like the prosecutors on his mom’s favorite drama can, but he figures he should do everything he can to not look the way he feels—guilty and nervous. He watches from under his lowered eyelids as Aunt Sasha patiently explains that the document the ADA wants to submit to the court is wrong.

  Mr. Donaldson shakes his head. “You’re telling me this isn’t Colin’s phone number?”

  “That’s exactly what I’m telling you, Joe.”

  He turns to Colin and studies his face. Colin wonders
if he should smile.

  No. Don’t smile, that’s creepy.

  He stares back. After a moment, Mr. Donaldson says, “What’s your cell phone number, Colin?”

  Colin swallows hard, then rattles off the digits.

  “The last digit is a six, not a seven?”

  “Yes, sir.”

  The lawyer shakes his head, frustrated. Then he turns to Mom and Dad. “Is this phone number either of yours?”

  Dad’s eyes flick to Aunt Sasha’s face. She clears her throat. “Joe, I’m going to advise them not to answer that question because even an affirmative answer doesn’t cure your foundational problem. Your charging document identifies it as Colin’s number, and that’s not accurate.”

  A muscle in the ADA’s neck twitches. He’s mad. Colin realizes he can ready body language, and he’s not even a prosecutor.

  “Come on, Sasha. If he grabbed a parent’s phone and made the post, it’s a trivially easy defect for me to cure and you know it. I could amend these papers in less than ten minutes.”

  “You could,” she agrees. Her eyes get bright, and she reminds Colin of a lioness about to pounce. “That’s why I’m willing to make a proffer, as an officer of the court, that neither Sean nor Jordan has that telephone number. It’s not your fault, Joe. You had every reason to rely on the work the Bureau did. I’d have done the same thing in your shoes. But, it’s faulty, and we’re leaving because there’s no basis to charge Colin with anything—not even a summary citation.” She gestures for Colin to stand up. “Let’s go.”

  He pops to his feet and pushes his chair back with a screech. Mom and Dad hurry to get up, too. Officer Hill shakes her head and pulls the door open for them.

  Come on, come on, before he asks the right question. Colin silently urges his parents to move faster as sweat beads on his upper lip.

  They’re halfway through the doorway, when the lawyer calls Aunt Sasha’s name. Colin freezes. His pulse hammers in his throat.

  “You’re wrong, you know,” Mr. Donaldson says.