Sparring Partners(40)
Cody is sitting on his bed, staring at the television. He nods at Marvin as he stands and points his remote at the screen. The voice of a news anchor grows louder: “The execution of Cody Wallace is still on schedule. Despite the usual last-minute appeals by the lawyers, the execution should take place in about three hours, at ten p.m. to be exact. A petition for clemency is still pending in the governor’s office but there is no word.”
Cody takes a step closer to the television.
“It has been fourteen years since Wallace, now age twenty-nine, was convicted of killing Dorothy and Earl Baker in their rural home during a botched breakin and robbery.”
On the screen, the news anchor disappears and is replaced by the two faces of the victims.
“Wallace’s brother, Brian, died at the scene. Wallace was only fifteen when he was convicted of capital murder, and if things go as planned he will be the youngest man ever executed in this state. Experts are expecting no further delays in the execution.”
Cody presses a button, turns off the television, and takes a step toward the bars. “Well, there you have it, Marvin. If Channel 5 says it’s gonna happen, then I’m as good as dead.”
“I’m sorry,” Marvin says in a soft voice. Others might be trying to listen.
“Don’t be sorry, Marvin. We knew this day was coming. Let’s get it over with.”
“Anything I can do for you?”
“Not now. You could’ve helped me escape years ago. We missed our chance.”
“I guess it’s too late. Look, your lawyer is here to see you. Can I send him back?”
“Sure. And thanks, Marvin, for everything.”
Marvin backs away and disappears. The buzzer rattles again and Jack Garber appears, holding thick files. He has long hair pulled back in a ponytail, a rumpled suit, the perfect picture of a frantic death penalty lawyer about to lose another one.
“How you doing, man?” he asks, almost in a whisper.
“Great. Tell me something good.”
“The Supreme Court can’t make up its mind, got those clowns chasing their tails. And the governor won’t say yes or no but then he likes to wait until the courts have slammed all the doors so he can come out of his cave for a dramatic announcement.”
“Has he ever granted clemency at the last minute?”
“No, of course not.”
“And didn’t he campaign on the promise of more and quicker executions?”
“I believe so.”
“Then why are we wasting time with the governor?”
“You got a better idea? We’re running out of options here, Cody. Things are getting rather dicey.”
Cody laughs and says, “Dicey?” Then he catches himself, lowers his voice, and says, “I’m three hours away from getting my ass strapped to a gurney and a needle stuck in my arm, so, yes, Jack, I’d say things are pretty dicey. For some reason I do feel, should I say, rather vulnerable.”
Cody walks closer to the bars and looks at Garber. For a long moment they stare at each other. “It’s over, isn’t it?”
Jack shakes his head and in a low voice says, “No, but it’s almost over. I’m still tossing Hail Marys.”
“My odds?”
Jack shrugs and says, “I don’t know. One in a hundred. It’s getting late.”
Cody moves even closer and their noses are inches apart. “It’s over and I’m cool with that. I’m tired of the drama, tired of the waiting, tired of the food, tired of a lot of things, Jack. I’m ready to go.”
“Don’t say that. I never give up.”
“I’ve been here for fourteen years, Jack. I’m tired of this place.”
“The Supreme Court will one day declare that it is not right to put minors on trial for capital murder, but it won’t happen tonight, I’m afraid.”
“I was fifteen years old, in that courtroom, with a terrible lawyer. The jury hated me and hated him. I never had a chance, Jack. I wish you’d been my lawyer at the trial.”
“So do I.”
“Come to think of it, Jack, I’ve never had much of a chance anywhere.”
“I’m sorry, Cody.”
Cody takes a step back and manages a smile. “Sorry for the self-pity.”
“It’s okay. You’re entitled to it right now.”
“How many executions have you witnessed, Jack?”
“Three.”
“Is that enough?”
“More than.”
“Good, because I don’t want you to watch me die. No witnesses on my side of the room. Got that? Let the Baker family pray and cry and cheer when I stop breathing. I guess they deserve it. Maybe it’ll make ’em feel better. But I don’t want anybody crying for me.”
“Are you sure? I’ll be there if you need me.”
“Nope, I’ve made up my mind, Jack. You’ve fought like hell to keep me alive and you’re not going to watch me die.”
“As you wish. It’s your party.”
“It is indeed.”
Jack looks somewhat relieved and glances at his watch. “I need to go, gotta call the court. I’ll be back in an hour.”
“Go get ’em, tiger.”