Chilling Effect (26 page)

He was right, but that didn’t change the fact that a stone of

dread had lodged itself in her stomach. She had to shake her mood.

“Let’s take a walk.”

207

MELISSA F. MILLER

Th ey hiked through the meadow. Th e day they fl ed their burn-

ing rental vehicle, they’d run straight through it until they hit the woods and then they turned right. Th is time, they made an immediate left and followed a narrow footpath.

Th e path wound through the fi elds and then snaked down behind

the police station. Joe and Aroostine didn’t speak. When the path

was fl at and wide, they walked side by side, hand in hand. When it narrowed or grew steeper, by unspoken agreement, Aroostine forged

ahead and Joe followed.

At the bottom, they reached a stream. Two men in their mid-

twenties were fi shing. Th ey were shirtless despite the cool breeze. A cooler of beer sat between them.

Th e men turned when they heard Joe and Aroostine approach-

ing. One raised a hand in greeting.

Th e other said, “You’re the attorney?”

“Yes.”

“Th ank you.”

She tilted her head. “For what?”

“Judge Carole said you’re giving up your vacation to help us clean

our house. You’re going to make it possible for us to heal a wound.”

“Isaac’s death?” she asked.

Th e man shook his head. “Th at, yes. But more than that. Th ere’s

been a rift between people like Lee and those who want a more tra-

ditional way—lots of fi ghting over whether we should sell shares in the casino, make a private off ering, that sort of thing.”

“I don’t know if what I do today will help repair that divide,”

she told him.

“It will,” his friend said. “You’ll see.”

His line tightened, something beneath the surface of the water

pulled it taut, and the men returned their attention to their fi shing.

“Good luck,” she said, as she and Joe started to walk on.

208

CHILLING EFFECT

“Th anks. We’re fi shing for the dinner tonight. Hope we catch a

bunch—otherwise, we’ll be contributing silverbacks.” He pointed

down at the shiny beer cans and laughed.

Aroostine walked on in silence for a few moments, then she

turned to Joe.

“Th ese people are counting on me to do more than deliver a

guilty verdict, Joe. Th ey’re looking for justice to be restored.”

He nodded. “Th at’s what it sounds like.”

“But that’s not what I do—that’s not what the
law
does.

law

” A

plaintive note crept into her voice. Th e law was a set of rules and procedures, a tool. It wasn’t magic.

“Well maybe it should be.”

209

Aroostine smoothed back her hair and secured it in a low ponytail.

Th en she turned to Joe, who was sitting in the driver’s seat. He’d pulled into the spot next to Gordon’s BMW and killed the engine.

“Ready?” he asked.

“Ready as I’ll ever be.”

He leaned over and brushed her lips with a quick kiss. “You’ll

knock ‘em dead.”

She managed a wan smile and grabbed her bag. She waited

while he locked the car and then walked into the police station.

She’d realized during their morning hike that she didn’t know

where the courthouse was. When she called Boom to ask, he’d nearly

dropped the phone, convulsing in laughter. Evidently, Carole con-

vened court at her favorite picnic table. Unsure what one wears to

a judgment circle held on the lawn, but fairly sure “a suit” was the wrong answer, she settled on a black skirt and a silver-and-white

linen blouse.

CHILLING EFFECT

Joe took her hand as they mounted the stairs to the station. Th e

doors were propped open. Inside, people were milling around. Kids

chased each other up and down the hal ways, laughing and shouting,

while adults gripping reusable plastic containers full of salads, sides, and desserts gathered in clusters, chattering over the din of voices.

Offi cer Hunt waved and pointed toward the back door. “Go on

out,” he mouthed.

Th e young female offi cer staffi ng the door greeted her with a

wide smile and yanked it open.

Aroostine took a deep breath and stepped outside. Joe tried to

follow, but the offi cer held out a hand.

“I’m sorry, sir. Carole asked us to have everyone wait inside so

she can speak to the attorneys for a moment.”

He nodded to Aroostine. “You’ve got this, Roo.”

She winked at him and walked out onto the lawn.

Carole was seated at the picnic bench, deep in conversation

with Lee Buckmount. Apparently, the court had no problem with

ex parte
communications. Meanwhile, Gordon was fl ipping through a stack of papers, frowning down at them.

Aroostine walked over and stood near his shoulder. He was

looking at a printout of Isaac’s spreadsheets. She could only imagine the heartburn they were causing her opponent.

“Good afternoon, Gordon.”

He glanced up. “Aroostine. How are you this afternoon?”

“Tired. A little bit apprehensive,” she answered honestly.

He arched a brow at the admission. But then—perhaps because

she’d broken the trial attorney’s creed of “never show weakness,” he nodded and said, “Me, too. Th ese documents—these are bad.”

“Is your client going to change his plea on the embezzlement

charge?”

Gordon pursed his lips like he tasted something sour. “I don’t

think so. Carole’s talking to him about that right now.”

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MELISSA F. MILLER

Th ey turned and watched the judge. She leaned forward and ges-

tured with her hands, clearly trying to convince Buckmount of some-

thing. But his mouth was a hard line. He sat ramrod straight, arms

crossed, neck stiff . Beside Aroostine, Gordon emitted a small sigh.

Th e judge shook her head sadly and sat back. She looked over at

Aroostine and Gordon and gestured for them to join the conversation.

When they approached, she announced, “Lee’s steadfast in his

position. You’re going to have to object to admission of the documents.”

“Now or when everyone’s here?” Gordon asked mildly.

She arched a silver eyebrow. “I’d normally do that in a sidebar

before we start, but I’m inclined to let the circle decide the issue.”

“Th e judgment circle makes evidentiary determinations?”

Aroostine asked, hoping that she hadn’t actually gasped aloud. She’d hoped that she’d at least be able to argue the law to the judge on

issues of what evidence could be considered, but apparently this was going to be a free-for-all.

“Not ordinarily,” Carole explained. “But sometimes.”

Aroostine decided no response was her best response to that, so

she nodded mutely.

Carole waved a hand at the offi cer on door duty, and people

began to stream out of the building. Th ey formed a large circle on the lawn and sat down, legs crossed, shoulder to shoulder. Th e closest spots to the picnic table were reserved for the members of the

tribe most impacted by Buckmount’s actions. Ruby, a tense-looking

Lily, and a mournful woman whom Aroostine took to be Cathy

Palmer, fi led in. Boom sat next to the bereaved mother and waved

Joe into the spot next to him.

Aroostine scanned the circle. She saw some familiar faces—

including the fi shermen from earlier in the day—but the assembled

group was primarily strangers. Chief Johnson walked through the

door, and the offi cer closed it behind him.

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CHILLING EFFECT

“Is this everyone?” Carole asked, making eye contact with the

chief.

“Everyone who didn’t have to work and was able to get here. Mae-

Ann and Wren are watching the little ones inside,” Chief Johnson said.

Aroostine scanned the crowd. With the exception of Lily, every-

one appeared to be about thirteen or older. Lily, meanwhile, had

crawled into her mother’s lap and was staring at Lee Buckmount

wide-eyed. Aroostine resisted the urge to pick up Lily and run, to

spare her from hearing what happened to her mother.

Carole nodded and raised her hands, palms up.

“Friends, let us begin with the invocation.”

Aroostine side-eyed Gordon, who shrugged. “I only know the

refrain,” he whispered.

Th e judge began to incant, “We call upon the earth, our planet

home, with its beautiful depths and soaring heights, its vitality and abundance of life and together we ask that it . . .”

Th e circle joined in, “Teach us and show us the Way.” Gordon

mumbled along.

Carole nodded and continued, her voice gaining strength, “We

call upon the mountains of the Cascades and the Olympics, the

high green valleys and meadows fi lled with wildfl owers, the snows that never melt, the summits of intense silence, and together we

ask that it . . .”

Th is time Aroostine was ready. “Teach us and show us the Way.”

Th e judge went on to call upon the water, the land, the forests,

animals, and the Chinook ancestors in her clear voice. Each time, the circle chanted the refrain. Finally, she said, “And we call upon all that we hold most sacred, the presence and power of the Great Spirit of

love and truth, which fl ows through all Nature to be with us and . . .”

“Teach us and show us the Way,” Aroostine recited with the

others.

213

MELISSA F. MILLER

A collective quiet settled over the circle. Carole looked around,

searching the faces looking back at her. Apparently satisfi ed by what she saw, she nodded. “We convene this sentencing circle to heal the breaks in our community caused by Lee Buckmount. Th is circle

will include three outsiders. Attorneys Gordon Lane and Aroostine

Higgins, and Aroostine’s husband, Joe. Th is court
sua sponte
orders the
pro hac vice
admissions of Mr. Lane and Ms. Higgins, permit-ting them to appear before the White Springs Tribal Court for this

matter. Th e decision of this circle will constitute a binding order of this court, appealable under the Appellate Rules of the Ninth Circuit Court of Appeals.”

Aroostine could only imagine how much the Ninth Circuit

enjoyed handling appeals from Native American rituals.

Th e judge held up a large, smooth stone. It was translucent and

banded with ribbons of red and brown.

“What’s that?” Aroostine stage-whispered to Gordon.

“Th e speaking piece. You have to be holding it to talk. Well, not

you and me or the judge—everyone else.”

Aroostine didn’t know whether to laugh, cry, or start scream-

ing, “Are you freaking
kidding

kidding
me?” She considered making a snide

comment to Gordon, but he seemed to be rolling with the special

stone, so she held her tongue.

Th e judge said, “Lee has been accused of several crimes. He has

agreed to take responsibility for two of them.” She handed the stone to Buckmount, who took it with visible reluctance.

His eyes darted around the circle and then returned to the

judge. “I accept responsibility for my actions and the harm they

caused. Specifi cally, I am responsible for the death of Isaac Palmer.”

Cathy Palmer inhaled sharply. Boom placed a steady hand on

her back.

Buckmount looked directly at the woman. “I’m sorry for the

pain I caused you, Cathy. Isaac was a good man and a hard worker.”

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CHILLING EFFECT

Th e judge spoke in a soft voice. “Cathy, do you want to speak?”

Isaac’s mother shook her head no, unable or unwilling to speak.

Ruby cleared her throat.

“You have something to say, Ruby?”

“Yes, judge.”

Buckmount passed her the stone. Ruby’s voice wavered as she

said, “Isaac Palmer was my neighbor and friend. He was smart and

kind, and he was an inspiration to my daughter to strive to improve herself. His absence leaves a hole in my life—and Lily’s.”

She stroked the stone absently. Suddenly, Lily took it from her

hands.

“I miss Isaac,” she said.

Th e pain of loss in her innocent voice was like a knife. Th e

image of her own grandfather dying in his bed fl ashed in Aroostine’s mind.

Not now.

No one spoke for a long moment. Joe caught Aroostine’s eye

and gave her a look that said, “this is heavy.”

Th e judge crouched in front of Lily, murmured something to

the girl, and took the stone from her hand and pressed it back in

Buckmount’s hands.

“I also take responsibility for frightening Ruby and threatening

her with a gun.”

“Ruby?” the judge prompted.

Ruby shook her head.

“Lily?”

“Yes, please,” the girl said.

Carole retrieved the stone from Buckmount and handed it to

Lily.

Th e girl took a shaky breath. “I was really scared when my mom

called Mr. Cowslip and said Mr. Buckmount tried to hurt her. I was

in the car with Mr. Cowslip. He said we had to help my mom, but

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MELISSA F. MILLER

he was driving really slow. I was so scared we wouldn’t get there in time—” She let the stone drop to the ground and covered her face

with her hands, then turned and pressed herself into her mother’s

chest. Her shoulders shook as she sobbed. Ruby stroked the girl’s

hair and whispered something to soothe her.

Aroostine bent and picked up the stone. It was cool and smooth

in her hands. She passed it to the judge.

Carole addressed the circle. “Usually, you know, I would ask

you to propose the sentence, and I would merely approve it or sug-