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Chapter 1
The
sun streamed brightly through the windows of Ann Monroe's office as the
dark-haired middle-aged man seated across from her expressed his anger.
"The
criminal trial was a joke!" the man said. "Samuel Jenkins and Brad English
nearly killed Bill, and they got off scot free." The man paused a moment and
looked at the attractive thirty-something lawyer sitting across the desk from
him before continuing. "We want those young punks held accountable for what they
did to Bill. We want you to file a civil suit against them."
To
Robinson's left his wife Laurie, a slender redhead dressed in a brown pants
suit, nodded emphatically. To Robinson's right his son Bill, who was dressed in
jeans and a red sweatshirt, sat looking down at the floor, the toe of his right
sneaker nervously digging into the carpet.
Ann
pushed her shoulder length brown hair behind her ears and collected her thoughts
for a moment before commenting on Tom Robinson's request. She knew this family
had been through hell, and she understood their anger.
Several weeks earlier, nineteen-year-old Bill Robinson had been at
the center of one of Wisconsin's most closely watched trials. The previous fall,
Bill, an openly gay student who attended the University of Wisconsin's Mt.
Pleasant campus, about an hour's drive from Madison, had been viciously
assaulted by two seventeen year olds. The young men, Samuel Jenkins and Brad
English, had been charged with causing great bodily harm.
The
prosecution's theory was that Bill had been singled out because of his sexual
orientation. If they had been convicted, the defendants' sentences could have
been enhanced by up to five years under Wisconsin's new hate crimes law, which
applied to crimes committed against certain protected classes of people,
including those victims selected on the basis of sexual preference.
Ann,
a partner at Mishler & Stettler, a twelve-attorney Madison firm that handled
exclusively plaintiffs' cases, had followed the trial closely and had hoped the
jury would see fit to use the new law to enhance the penalty imposed on Bill's
attackers. From what was reported in the media, it looked like the jury had
plenty of evidence to find both defendants guilty. To Ann's dismay, both young
men were acquitted. Ann relished the idea of filing a civil suit against Bill
Robinson's assailants.
Ann
turned slightly in her chair so she could get a partial glimpse out one of her
windows. The firm's offices occupied the fourth and top floor of a historic
building on the east side of the Capitol square in downtown Madison. It was late
March, and the Capitol grounds looked barren and forlorn. Ann knew, though, that
in a matter of weeks the thousands of tulips the grounds crew had planted the
previous fall would be forcing their way out of the cold soil. By early May the
dazzling display of color would rival anything that existed in Holland.
Ann
nodded sympathetically in response to Tom Robinson's comments. "Like many people
who followed the case, I was surprised - and extremely disappointed - with the
verdict."
"It
was a disgrace!" Tom Robinson exclaimed. "I don't know how the people who served
on that jury can sleep at night. And as for those young punks who tried to
murder my son. . ." His voice trailed off. "That's why we want you to sue. It
simply can't end like this."
Ann
leaned back in her black leather chair and pulled down the sleeve of her red
wool suit jacket. "What do you think about filing a civil suit, Bill?" she asked
the victim of the assault. "Is that something you truly want to do or is it just
your parents' idea of how to achieve justice?"
For
the first time in the ten minutes he had been in her office, the young man
stopped his fidgeting and looked up at Ann. His ruggedly handsome looks were
marred by a long jagged scar that ran down his right cheek, a vivid reminder of
the attack. "I want to do it," he said, his eyes bright with conviction. "The
three of us have talked about it a lot over the past two weeks, and we all agree
it's the right thing to do."
Ann
nodded again. "I always like my clients to know exactly what they can expect
when they're involved in a lawsuit, so let's talk a little bit about that. Then
we'll discuss the pros and cons of filing a civil suit so we'll all be better
able to decide how to proceed. Is that agreeable with everyone?"
All
three Robinsons nodded.
"Good," Ann said, smiling. "I always say that a well- informed
client is a satisfied client, so forgive me if I get a little long-winded in my
explanation. Just bear with me for a few minutes and when I'm through you can
ask me any questions you might have."
Ann
had given the "Lawsuits 101" spiel so many times that she could do it in a
manner approaching autopilot. "So that's the way the civil litigation process
works, in a nutshell," Ann concluded her remarks some minutes later. "Now let's
talk a little bit about the specifics of your particular case." She referred to
the legal pad in front of her on which she had jotted some notes during the
earlier part of their discussion and swiveled her chair around so she was
squarely facing her clients. A huge framed poster from The Wizard of Oz, Ann's
favorite film, dominated the back wall of the office.
Ann
addressed Bill. "Are you absolutely certain that you want to go ahead with
this?" she asked again. "I can certainly understand your disappointment with the
verdict in the criminal case, but at least now that it's over you'll be able to
go back to being a private citizen. If we file a civil suit, the media circus
will start all over again. Are you positive that you're prepared emotionally to
deal with that?"
The
young man nodded emphatically. "I am," he said in a firm, strong voice. "I'm not
doing this on a whim. Of course I'd give anything to have my anonymity back.
It's helped a lot that I've transferred to the University here in Madison. I'm
doing well in school and I'm starting to feel like I fit in." "Are you sure you
want to disrupt all that?" Ann asked kindly.
Bill
nodded. "The outcome of the criminal case left me feeling like the bad guys
won," he said, his voice cracking a bit, "and I don't want to leave it like
that. In the time since the trial ended I've come to realize that I'm not ready
to give up. Maybe the first jury didn't believe me, but the next one might. So
the answer to your question is, yes, I'm prepared to do whatever it takes to get
through this."
Ann
looked at Bill for a long moment. She considered herself to be a pretty good
judge of character, and this young man seemed to be both resolute and sincere.
"Okay," she said, nodding to signal her approval of the plan to go ahead with
the suit. "Let me ask you a few questions about the facts of the case. In the
criminal trial the defense attorney kept harping on the fact that Jenkins and
English only got rough with you after you attacked them--"
"That's bullshit!" Bill exclaimed, cutting her off. "It was a setup
from the word go. I was riding my bike down a country road a few miles from
school, like I did at least three times a week. They were hiding behind some
trees and jumped me as I came by. They knocked me off my bike and started
beating the crap out of me. I was lucky enough to be able to get in some
punches. I broke two of Jenkins' teeth and dislocated English's shoulder. I only
wish I could've done more," he said bitterly, "but there were two of them and it
didn't take long before they beat me unconscious and took off."
"How
did they know you'd be riding your bike by that spot?"
Bill
shook his head. "I don't know. They claimed they just happened to be there
looking for soil samples for an agriculture class and that I stopped my bike and
attacked English with no provocation. Jenkins did the most damage, and he
claimed he was just coming to English's rescue. I figure the two of them must've
followed me on an earlier bike ride, figured out my route, and then waited for
me to ride by that day."
"How
did they know you were gay?" Ann asked directly. "Had you met them before?"
Bill
nodded. "I'd seen them a couple times at a coffee shop near campus, the Copper
Kettle. Both times I was there with my partner, Terry Rukeyser. We don't hide
the fact that we're gay and we sometimes hold hands in public. The second time
we saw them, Jenkins and English made fun of Terry and me and made some real
nasty remarks like 'look at those queens over there.'"
"How
long after they made that remark were you attacked?" Ann
inquired.
"Five
days," Bill replied. He paused a moment and gave an involuntary shudder,
remembering the attack. "They broke three of my ribs, lacerated my liver, and
gave me this nice little reminder on my face, all the while making terrible
comments like, 'I hope you die, you stinking fag.'" He shook his head in
disbelief. "I was in a coma for two days and in the hospital for twelve and
still the jury chose to believe them instead of me. I suppose those jurors
looked at me and thought a guy my size must've provoked things."
"You
can't ever predict what a jury will do," Ann said. "I've tried cases where I
would've sworn the jurors seemed to be hanging on my every word and then they
turned around and returned a verdict for my opponent. It's human nature for
people to be fickle. Just because that jury didn't see things your way doesn't
mean the next one won't."
"Does
that mean you're willing to represent us?" Tom Robinson asked
hopefully.
Ann
smiled at the Robinsons and nodded. "If you want to go ahead with this, you've
got yourself a lawyer."
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