The Insanity Plea

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Authors: Larry D. Thompson
coffee. As he
absorbed Harry’s description, he walked to the windows facing the Gulf and
gazed at the seawall. Looking to the west, he could barely make out the top of
the Galvez as he pictured the seawall and jetty in front of the hotel. Clearing
his throat, he continued to face the Gulf and asked, “How does Dan come into
the picture?”
    The office door opened. Nancy brought
a file to Klein and left, silently closing the door behind her.
    “One of the detectives had the idea
to stake out the crime scene for the next several mornings. You know killers
sometimes return to the scene to re-live the experience, particularly with such
a brutal murder. The next morning two officers staked out the scene before dawn.
Nothing was suspicious. They were about ready to leave after the sun came up when
they noticed a man at the end of the jetty. They had no idea he was even there
until the man got up and picked his way through the rocks, going back to the
wall. When he saw the police officers, he took off running down the beach,
yelling at the top of his lungs at somebody. They chased him and caught him
pretty quickly. It was Dan.”
    “Harry, Dan’s been paranoid ever since
he got sick. There’s no telling what those voices were telling him.”
    “Hold on, Wayne. I’m sorry to say it
gets worse. When they tackled him, they cuffed him and did a routine search for
weapons. He had on a bunch of old clothes, like a lot of the homeless people. In
one of the pockets they found a diamond bracelet, with an inscription to Debbie
from her dad.”
    Wayne returned to his chair, buried
his face in his hands, regained his composure and asked, “Is that it?”
    “Not yet. Dan had traces of blood on
one sneaker. The blood matched Debbie’s and the blood on the pavement at the
scene. And the tread on his sneakers matched the bloody footprints. On top of
that, Dan confessed.”
    “I want to see the video. I know damn
well you taped him when he first came in and probably during the confession. I
doubt if he understood anything the cops were telling him, not even when they
read him his Miranda rights.”
    Klein slowly shook his head. “I
couldn’t be more sorry, Wayne. I’ve known you and Dan most of your lives. Hell,
I was there when Dan won the state championship for us.   Last thing I wanted to do is charge him with capital
murder, but I didn’t have any choice.”
    Harry could see Wayne filtering
through all he had heard. When Wayne spoke, his voice was soft, almost
pleading. “Harry, can’t we just drop it to murder, plead him out and get him a
life sentence at the state psychiatric prison unit?” He hesitated and added, “That
might be the best thing for him.”
    This time it was Harry who grimaced
and paced in front of the windows before he replied. “Look, Wayne, Dan stole a
diamond bracelet. The theft raises the murder to a capital offense. I’d like to
do exactly as you ask, only I can’t.”
    Wayne looked puzzled as Harry
continued. “Debbie Robinson was the daughter of Walter Robinson. Living in
Houston, you’ve probably heard of him. Big oil man, lives in one of those
mansions on Kirby Drive in River Oaks. Richer than King Solomon. Biggest
problem is he’s the largest contributor to both Republican and Democratic
candidates in the state. No matter who’s in power, he demands attention and
gets it. He sat right where you’re sitting now and told me that he wants
revenge. An eye for an eye. If I don’t go for capital murder, he’ll fry me in
the press and bankroll an opponent against me next time around.” Klein did not
mention that if he got the conviction, Robinson offered to fund a race for
statewide office, probably attorney general.
    “Who’s defending my brother?”
    “Some young public defender. Name’s
Hansen, I think. He’s tried a couple of murder cases. Judge Fernandez appointed
him.”
    Wayne had all the information he could
absorb for one morning. He rose, shook Harry’s hand and started to the

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