"Nobody elses hair was found in that room,"

Baker said. "Only your clients."

"If theyd found the hair in the bathroom or on the headboard or even on the floor it would be different. But they found it on his clothing. Its entirely possible that her hair passed to him when she was serving him booze at the club and he was rubbing up against her. And the only way you could possibly make the jury even suspect Angel was at the motel was through Julie Hayes, and shes gone."

"We have plenty of other evidence," Baker said.

"I know what other evidence you have, Deacon.

And I know what I have. I was planning to surprise you with this, but since were not posturing, I have a witness who says he saw a woman fitting Erlene Barlowes description on Pickens Bridge around midnight the night of the murder. His name is Virgil Watterson. I believe youve heard of him."

Baker flushed. It apparently hadnt entered his feeble mind that Watterson might take his testimony to the defense attorney, and Landers obviously hadnt said anything about our conversation at the courthouse.

"That testimony has no credibility," he said. "All the witness saw was a woman on a bridge in the middle of the night. He cant make a positive ID and he wasnt even sure about the color of the vehicle."

"Bullshit," I said. "You know as well as I do that if anyone from that club killed Tester, it was most likely Erlene Barlowe." I felt a twinge of guilt as I said it. After all, Erlene had paid me a handsome sum of cash, but my job was to represent Angel. I couldnt concern myself with Erlene.

"I cant prove that," Baker said.

"You cant prove Angel killed him either."

"So where does that leave us?" Baker looked like he was ready to say "uncle."

"Were willing to roll the dice."

"What would it take to resolve this case without a trial? Make some kind of reasonable counteroffer."

This was the tricky part. If Angel was innocent, I wanted her to walk away without any strings, but the only way to do that was to win in front of a jury, and winning murder cases in front of juries was easier said than done. I also knew Deacon. Like most prosecutors, he wasnt going to admit that hed made a mistake and dismiss the case outright. I knew Id have to give him something in order to make a deal and remove the risk that Angel might be found guilty and sentenced to life in prison or death.

"She might be willing to enter a no-contest plea to some offense so long as you agree to probation," I said. "Shes already served more jail time than she should have."

"You dont really think shes innocent, do you?"

Frankie said.

"As a matter of fact, I do. She has no history of criminal behavior, no drug or alcohol use, no history of psychological problems""a white lie""and she seems very gentle. I dont think she did it. And Ill tell you something else. Shes going to be a damned good witness. You know how pretty she is, and she comes across as sincere."

"Probation is impossible," Baker said. "I cant reduce a death penalty case to a probatable offense. Id look like a fool."

"You can sell it, Deacon," I said. "Think about it.

You announce to the court that an important witness has passed away and that the investigation has revealed some things you cant divulge, but those things convince you that the plea agreement best serves the interests of justice. You tell the press your job as district attorney is to see that justice is done, not just to try to win at all costs. Then you build a case on Erlene Barlowe and get it right. You could come out of it looking like a hero, and believe me, you wont hear a bit of criticism out of me. Ill tell the press the district attorney has done the right thing and that you acted in good faith throughout the entire course of this tragic situation. Ill publicly sing your praises a couple of weeks before the election."

Baker sat back and removed the cigar from his lips.

He looked at Martin and then at me. A crooked smile began to form on his lips.

"Youre devious," he said.

"Im just trying to grease the wheel," I said. "Winwin. My girl goes home, and you look like a good guy. Well take three years of probation on aggravated assault. Youll have her under your thumb for three years. If she screws up, she serves the sentence."

"I have to think about it," Baker said.

"What are you going to do about Testers son?"

I said.

"Screw him. From what I hear, he got fired from his job at the sheriffs department. Besides, hes not a registered voter in this county. Im not even going to tell him about this."

I stood to leave. "I dont want to sound arrogant, Deacon, but if you take this to trial, youre going to lose. She didnt kill him."

Baker was silent, apparently lost in thought.

"Well see about that," Martin said.

"Call me and let me know what you decide," I said. "Ill be getting ready for trial."

The call came two hours later.

"She can plead to aggravated assault as Range I and take the minimum, three years," Frankie Martin said.

"It will have to be a no-contest plea, and youll have to agree to probation," I said.

"Fine."

"Deacon is going to sell it?"

"Hes already working the phones," Martin said.

"Hell hold a press conference after the plea and explain why we agreed to this."

I hung up the phone and went down to talk to my client.

July 14 9:00 a.m.

As Judge Green made his entrance and sat down beneath his portrait, I glanced around the courtroom.

The jury box was once again filled with members of the media whod been called by Deacon Baker. I was edgy and tired. Id spent most of Sunday night troubled by Angels willingness to take this deal. I told myself that the plea took nearly all of the risk off the table, guaranteed her release from custody, and spared her the ordeal of a trial. But I also knew that if Id been accused of a crime I hadnt committed, nothing would persuade me to stand up and accept a three-year sentence, probation or no probation. Angel hadnt needed much persuasion.

"I understand we have a plea in case number 35666, State of Tennessee versus Angel Christian," Judge Green said. "Bring the defendant in."

Angel appeared through the doorway to my right, and I smiled at her as I walked to the podium. She looked away. I thought shed forgiven me for being so hard on her the day I questioned her about Erlene, but maybe not.

"Let me see the forms," Judge Green said.

Id taken plea-agreement forms along with me when I explained the deal to Angel, and shed signed them. I now handed them to the bailiff, who in turn handed them to Judge Green. The judge didnt allow lawyers to approach the bench to hand him forms or other evidence. He insisted that everything be passed forward through the bailiff, as though he was repulsed by the idea of having to deal directly with a lowly lawyer.

Judge Green studied the documents for a few minutes. His brow furrowed. When he was finished, he looked over at Frankie Martin and Deacon Baker, both of whom were staring straight ahead.

"Would you care to explain this to me, Mr. Baker?"

"Explain what, Your Honor?"

"The state is reducing a first-degree murder charge to an aggravated assault. Youre agreeing to probation. Did your victim somehow miraculously come back to life?"

"No, Your Honor. Hes still dead." The reporters laughed. I thought about Junior Tester, and for a moment, I actually felt sorry for him.

"Then why are you allowing this woman to plead as though the victim were still alive?" Green said.

"I think its clear we have some problems with the case, Your Honor. This is a compromise plea agreement. An important witness has passed away. There are also some things that have come up in the investigation, things Im not at liberty to discuss at this time, that convince me that this plea agreement is in everyones best interests."

"Why dont you just dismiss the case?" Judge Green said. "You can always refile it if another witness pops up or if your other problems are resolved.

Theres no statute of limitations on murder."

"We think this is a better way to resolve it. Mr.

Dillards client is willing to enter a no-contest plea to aggravated assault."

"No, Im not." The soft voice came directly from my right.

Judge Green turned his attention towards me.

"Did your client say something, Mr. Dillard?"

"I think so." I looked at Angel. "What did you say?"

"I dont want to do this. I changed my mind."

Baker stood. "But we had a deal""

"Be quiet," Judge Green said. "Mr. Dillard, whats going on?"

"Id be happy to explain it if I knew," I said.

"When I spoke to Ms. Christian on Friday afternoon, she seemed pleased. Shes apparently changed her mind."

"Youre wasting my time," the judge said. "I dont like it when people waste my time."

"This is a complete surprise," I said. "If youll give me a few minutes to talk to her, maybe we can straighten this out."

"Dont bother," Judge Green said.

"Your Honor," Baker said, "Mr. Dillard and I reached a compromise agreement that brings what I believe to be a fair and satisfactory end to this very difficult case."

"It sounds like Mr. Dillards client has other ideas."

"But she signed the forms," Deacon said. "She""

"Its not a contract, Mr. Baker. She can change her mind if she wants to. Her plea has to be willing and voluntary, and she obviously is no longer willing. I might have rejected it anyway, but it appears shes saved me the trouble. Looks like were going to trial after all, gentlemen. Courts in recess."

Green was almost jaunty as he stepped off the bench. He had to know that Deacon wouldnt have made such a lousy deal if his case was strong, and if Deacons case wasnt strong, that meant he might lose just before the election. If he lost the case, hed probably lose the election, and Judge Green would be rid of him.

I went back to the jury room and asked the bailiff to give Angel and me some privacy. She sat down at the table and wouldnt look at me.

"Whats going on?" I said. "I thought you were happy with this."

"I changed my mind," she said.

"Have you talked to Erlene?" She didnt answer.

"Ill take that as a yes. So Erlene told you not to take this plea?"

"She thinks youre going to win."

"I appreciate the confidence, but youre taking a big risk."

"You will win, wont you? Im innocent. Promise me youll win."

I didnt say anything. I wished I could promise, but Id been through enough trials to know that I could never predict the outcome.

"We go to trial two weeks from today," I said.

"Ill be ready. Ill come to the jail and well go over everything again. Are you sure about this?"

"Not really," she said.

I had to admire her courage, even though I thought it might be a bit on the reckless side. But what was more important was that Id heard the magic words again: "Im innocent." Once again, I believed her.

July 14 11:45 a.m.

Landers quickly found out what Frankie Martin had meant when he said he and Deacon would need Landerss help if Dillard didnt accept the "offer he cant refuse." Less than an hour after the plea bargain fell apart, Deacon had called Landers and asked him to come down to the DAs office. When Landers walked into Deacons office and sat down, they told him theyd decided to go to Plan B, which was to try to get Dillards sister to help them by snitching on Angel.

"I thought of that a month ago," Landers said. "I already took a run at her. She turned me down, but I was planning to go back. Her attitude might be different now that Judge Glass threw the book at her."

"Great minds think alike," Baker said. "I thought of approaching Dillards sister as soon as I heard about the six-year sentence. Have they shipped her off to the penitentiary yet?"

"Nah. Its so damned crowded they dont have a bed for her yet. Shes on a waiting list. The jail administrator told me shed probably be around another month or so."

"I dont like using jailhouse snitches, but in this case, it looks like we dont have much choice," Baker said. "All the polls my people have taken say the election is going to be close. I cant afford to lose this trial."

"What if she wont go for it?"

"Shell go for it. Well offer to let her out as soon as the trials over."

"What about Judge Green? Hell never agree."

"Screw him. Ill get Judge Glass to sign the agreement. Hes the one who put her in jail, and he hates Dillard. Hed love the idea of Dillards sister getting on the stand and frying one of Dillards clients. Hell probably come to court and watch."