is not believable, let alone credible, to claim that Mr. Bishop, who was then a fifteen year old boy, broke into the Steele house without leaving any trace of a forced entry; stabbed Mrs. Steele thirty-nine times; overpowered Mr. Steele, a grown man; and managed to slip away into the night without a trace. And all because he’d had an argument on the phone with Mrs. Steele. An argument that differed in no way from the many previous arguments they’d had that did not result in murder or violence of any kind. It is impossible to attribute all of these qualities and behaviors to a fifteen year old boy.”
The Judge cut in again. “But what about the criminal history? Why is it so impossible to believe that Mr. Bishop could have committed the murder. The kid’s got a rap sheet a mile long and a demonstrated history of committing crimes — crimes against women mind you — using a knife as his weapon of choice. Why shouldn’t a jury be entitled to at least hear it all and sort it out for themselves?” Judge Atkinson sat back. Griggs flipped the pages in his brief.
“Uh, your Honor,” Griggs began, slowly. “As the Court knows, the mere commission of subsequent criminal acts cannot be used to prove that Mr. Bishop committed an entirely different criminal act on an entirely different occasion.”
Carver rose to speak. “As to that objection, your Honor, if I may.”
The Judge cut Carver off. “Mr. Carver, I’m sure you’ve got thoughts on that issue, but you’ll have that on appeal, should you need it. I’m not sure the evidence of the criminal convictions adds much one way or the other, and I’m inclined to disregard it for purposes of my decision. I want to make clear that, although I find it interesting, my decision in this case is in no way based upon petitioner’s inclusion of that evidence.”
“Now, your Honor,” Griggs continued.
“Mr. Griggs, I think I understand and appreciate your points.” Judge Atkinson spoke in a tone that made it clear he’d heard enough. “This is not an easy case. It’s not easy to overturn a conviction, especially one involving the complexities and heinous acts at issue.”
Griggs sat back down and Judge Atkinson shuffled through some papers he had in front of him. When he spoke again, he addressed the entire room.
“The right to counsel and the right to due process guaranteed by our federal Constitution requires that a criminal defendant cannot be properly convicted under our laws without competent representation by counsel or a knowing waiver of the right to counsel.”
My eyes went back and forth between Carver and Andersen. Both of them were smiling.
The Judge went on. “There can be no doubt that the jury convicted Mr. Steele on evidence that was, at best circumstantial and inconclusive. The most salient fact the jury had to consider was the simple fact that there was no other suspect. It is my opinion that the failure to investigate Mr. Steele’s alibi in light of the evidence that was clearly obtainable constituted ineffective assistance of counsel. I believe that a reasonably competent attorney would have done more than rely on the police interview of Matt Bishop and that a minimal investigation would have uncovered the evidence offered today. Finally, I conclude that, had the jury been presented with the evidence presented today and in the briefing, the outcome of his trial would have been altered. Based on the forgoing, I hold that the conviction of Mr. James Steele was obtained in violation of the Constitution of the United States and it is therefore vacated.”
Commotion was already erupting in the courtroom even before the Judge finished. The reporters were clamoring over one another for interviews, lobbing questions on top of questions. Carver reached out to shake hands with Reilly and me, everyone was smiling, everyone was laughing.
Griggs packed his briefcase and made his way through the crowd, he was followed by Andersen. I watched them thread their way through the mob. Griggs wore a scowl and would say only that he would review the decision and proceed from there. Andersen said nothing at all, but I noticed that his expression had not changed from before. He walked slowly. The smile never left his face.
19
I did not want to take Liz to the end of the summer party. But Liz knew all about it — every firm had one — and I felt guilty about Morgan, so there I was, driving my new