Vermont Magazine Fall 2020 Fall 2020 | Page 40

He took the chair catty-corner to hers as she replied, “Sure. You thought I wouldn’t?” “I didn’t know if this met your principles. I know you’re pretty selective.” “If you took a case,” she told him, “it’s a fair bet I would too. You’re a good gatekeeper.” He laughed before saying, “All right, enough, before we both overdo the compliments.” “What’ve you got?” she asked. He reached over to his desk and removed a file, which he opened on his lap. “John Rust. Pulled over by the VSP— Trooper Tyler Brennan—a couple of days ago in Putney for weaving, in what appears to be a righteous stop. Blew way over the legal limit at roadside, did the same on the Datamaster at the barracks, and was released on a citation, even though this is his fourth DUI.” “That’s unusual,” Sally observed. “True,” Scott agreed, “but it’s largely officer discretion, and I guess the two of them hit it off. John’s a nice guy, he was heading back to his home in Westminster—was almost there, in fact. Maybe that played a role.” “He is in a world of hurt, though,” Sally said. “It’s beyond officer discretion from here on out. He’s gotta be looking at jail time, and definitely a suspended license. What’s his problem, that he keeps circling the same hydrant?” Scott held up a finger in emphasis. “That is precisely why we’re meeting. What doesn’t surface in this—” He tapped the file. “—is that John had sole custody of and responsibility for a handicapped younger brother who died on the same day as the DUI. According to John, Peter Rust was diagnosed with some form of hydrocephalus at birth and gradually became a vegetable. When he died at twenty-eight, he weighed sixty pounds.” “And John took care of him all on his own?” Sally asked. “How could he do that? He independently wealthy?” “Hardly. He works as a freelance web designer. But you’re right in implying Peter’s need for full-time care. I think John came up with that job in large part so he could stay at home and still make a living. From what I gather, finances have sometimes been tight. Nevertheless, I spoke with Peter’s physician on the phone, and he told me he never had a vegetative patient so well cared for. He called John a saint, and stressed that wasn’t a word he used often.” “But he drinks,” Sally suggested. Jezek agreed. “He does. He was twelve when Pete was born, eighteen when he took over his care, his father having walked out on his birthday, saying, ‘Welcome to adulthood. Good luck. You’ll need it,’ or something similar. John’s mom had already died of an overdose.” Sally was shaking her head in sympathy. “The implication being that John was probably already doing most of the caregiving, even before he turned eighteen.” “A reasonable assumption,” Scott agreed. “Can you see why I called you?” “I can,” she said. “Did Rust phone you from the barracks? Take a blood test? Admit to driving under the influence?” “He did not phone, to answer the first question. I think because he was in shock. He told me later that through it all, he was in a daze, what with Pete’s death, and that it was only toward the end that he began thinking he wanted to fight what he’d first seen as inevitable. In the past, whenever he was busted, he had Pete’s care to think about. This time, he said, he felt he had nothing to live for.” “But he changed his mind.” Scott looked thoughtful. “Yeah. I’m not sure what that’s about, exactly. He wouldn’t tell me. He just said it was important that he not be put behind bars for this.” “You have anything you’d like me to start with?” Sally asked him. “Or are you letting me off the leash?” “Well,” the lawyer said, “I know and trust how you work, so you’re mostly on your own.” He searched the file and extracted a DVD. “This is a substantial recording of John’s arrest and processing that I’d appreciate your looking at. That’ll most likely answer some other questions, too. From what John told me, it seems the trooper did everything right, but you never know, and I would love to find something to blunt the state’s attorney’s zeal.” “The SA’s already talked to you about this?” Sally asked, surprised. “Not specifically,” Jezek said. “But it’s an election year, he’s facing opposition for the first time in a while, and he’s not the most popular man around. Coming down on drunk driving has become one of his key talking points. I want to be as armed as I can be, going in, and I know for a fact that he and his staff are too swamped to check out the contents of this—” He waved the DVD. “—before we all have to show up for the arraignment.” Sally took the recording from him. “Got it.” She rose to leave, adding, “You have a problem with my talking to John, if the need arises?” Scott escorted her to the door, handing her the file. “None. Be my guest.” *** Investigations require a lot of sitting—in cars, behind surveillance cameras, in court, writing reports, and, as Sally was doing now, studying DUI-processing footage. This last was perhaps her least favorite. The viewpoint was static—usually from high in a room’s corner—as was the subject matter, an arrested subject sitting in a chair as the officer comes and goes over a period of hours. Felony interrogations demand focus. They consist of two people verbally parrying as one pursues the truth while the other evades admitting it, and they entail a reasonable amount of drama. DUIs are mostly waiting, however. There’s the occasional back-and-forth, the conversation as the officer fills out the relevant multipage form, maybe a fight or a shouting match if the subject is uncooperative. But otherwise, it boils down to one person waiting out the hours until they’re either taken to jail or released on a citation. It therefore made Sally sit up and take notice when Trooper Brennan appeared in the corner of the screen and informed Rust that he had to leave for a domestic, being the only cop in the barracks at this hour, and that Rust would have to sit tight until he returned to finish the booking process. “I’ll be damned,” Sally said to herself, and noted the time stamp at the bottom of the image. *** Several long hours later, she phoned Scott Jezek. “What d’ya got?” he asked. “I think you’ll like it,” she reported. “My butt grew numb watching that recording you gave me, but it turns out Rust did request a blood test to corroborate the Datamaster findings at the barracks.” “What?” Jezek responded, clearly surprised. “I don’t have the results of that. Where did he get it done?” “He didn’t,” she said. “You know how, when they’re going through the form, they get to the part where it says, ‘Since you are being released, if you wish an additional blood test, to be paid for at your expense, you will have to make your own arrangements. Do you intend to obtain an additional test, yes or no?’ Well, your client said he would. It’s on tape. The trooper even explains that because he’s being let go after processing—as against being detained—the responsibility for getting the blood test is on him, and the cop won’t supply transportation.” Copyright 2020 by Archer Mayor. All rights reserved, including the right to reproduce this book or portions thereof in any form whatsoever. This excerpt is reprinted by permission of the publisher, St. Martin’s Press, NY, NY 38 VERMONT MAGAZINE