The Last Mile (Amos Decker, #2)(71)

Jenkins said, “But the state clearly has a vested interest in seeing that convicted murderers are not set loose upon the public.”

Judge Matthews interjected, “Well, it appears to me that the state got itself into this mess, Mr. Jenkins. And if it can unilaterally reject its own agreements, then Ms. Oliver is right in saying that makes the entire pardoning system untenable.”

Jenkins spread his hands. “All we desire, Your Honor, is the ability to more fully investigate the matter. And during that time the defendant’s incarceration is duly warranted. The pros certainly outweigh the cons. If he is innocent then no harm will have been done. And if he is guilty, which we believe that he is, he will not have the opportunity to flee. He has no ties to the community, and we consider him a likely flight risk.”

Oliver retorted, “He has no passport, no valid ID of any kind, and, thanks to the state of Texas, no job or money. I hardly consider him a flight risk.”

“And the Mexican border is only a hop, skip, and a jump away,” countered Jenkins. “And while it is porous for those seeking to enter this country, it is equally porous for those seeking to do the opposite.”

Judge Matthews looked uncertain as he stared down at them. He glanced at Oliver. “Well, I can’t say I totally agree with Mr. Jenkins’s position, but it seems to me that there’s no harm in allowing the state to retain custody of Mr. Mars while the investigation is ongoing.”

At that moment Decker stood and all eyes in the courtroom turned to his towering presence. Decker felt the mingled gazes, and his gut was lurching and his nerves were fraying, because he just didn’t like interacting with other people.

And he certainly didn’t like having to be less than completely honest with a judge. But this was the plan he had come up with, and he had no choice but to follow it through.

“With your permission, Your Honor, may I speak?” he asked.

“And you are?” said Judge Matthews expectantly.

Decker rubbed a bead of sweat off his face. He could feel the wetness under his armpits. He suddenly felt nauseous. He briefly wondered if he might faint right here in court. In a slightly tremulous voice he said, “Amos Decker. I’m here representing the FBI.”

Jenkins quickly said, “I don’t see that the FBI has any standing to be involved in a case that is completely under the jurisdiction of the state of Texas.”

Decker kept his gaze on the judge. “The FBI has become involved in this case, Your Honor. Indeed, as counsel has already pointed out, it was our efforts that led to the doubts being cast on Mr. Montgomery’s confession.”

“But—” began Jenkins. However, Judge Matthews held up his hand.

“That’s a valid point. Let Agent Decker finish what he was saying.”

For the first time in his life Decker was suddenly seeing everything in the most vivid shade of blue even though no one in the room had died. He closed his eyes.

“Agent Decker?” prompted Judge Matthews as Jenkins snorted and looked derisively at Decker.

Do it, Decker. Right now. Fill the A-gap. Make the tackle. Now.

Decker opened his eyes. In a firm, confident voice he said, “The FBI believes that this case is far more complicated than it first appeared. We also believe that Mr. Mars is innocent.”

“Based on what?” interrupted Jenkins testily.

“Based on discoveries made in our ongoing investigation. We believe that this case may involve forces that operate across state lines, bringing it solidly into the purview of the Bureau.”

Judge Matthews said, “And is the court to be provided the results of your discoveries, Agent Decker?”

“My superior, Special Agent Ross Bogart, heads up a special task force, Your Honor. He has authorized me to have the court contact him directly, and he will provide full particulars.”

Jamison and Davenport shared a surprised glance.

“The court, but not the prosecutors for the state of Texas?” barked Jenkins.

“Is there a valid reason why the information cannot be conveyed in open court?” asked Judge Matthews.

“Agent Bogart will explain everything, Your Honor. It is truly a sensitive matter, and we believe public disclosure at this time may have an adverse impact on our investigation and allow the guilty parties to escape arrest and prosecution for their crimes.”

“Nothing you’ve said explains why Mr. Mars cannot remain in custody until the issue is resolved,” pointed out Jenkins.

Before the judge could speak, Decker said, “I’m sorry, I would have thought that the fact that Mr. Mars was nearly beaten to death by prison guards after two prisoners, paid off by another guard, tried to kill Mr. Mars, would have made that point rather obvious. Along with the fact that Mr. Mars has filed a multimillion-dollar lawsuit against the Texas correctional system for this heinous and illegal act. I would imagine that Mr. Mars is very much persona non grata for those folks, including any friends or coconspirators of the guard in question, who remain unknown and still on duty. Thus, returning him to prison here should in no way be considered to be a safe haven for Mr. Mars. On the contrary, it would be most likely signing his death warrant.”

Judge Matthews shot a glare at Jenkins. “Is this true?”

Jenkins turned a bit paler under the judge’s wrathful look. “Your Honor, while that unfortunate act did occur, we believe that Mr. Mars is in no further danger while in the state’s custody.”