Chapter 8 - The Plea Bargain That Wasn't

Two weeks later, the state officially exhumed the body of Arthur Harper.
The modern toxicology screen, using ultra-sensitive liquid chromatography that hadn't existed seven years prior, detected concentrated traces of digitalis glycosides preserved in his bone marrow and liver tissue.
The King County District Attorney amended Daniel Harper’s indictment: *One count of Aggravated First-Degree Murder for the death of Arthur Harper, one count of Attempted First-Degree Murder for the attack on Claire Montgomery, one count of Conspiracy, and twenty-four counts of Grand Larceny and Securities Fraud.*
Under Washington law, aggravated first-degree murder carried a mandatory sentence of life imprisonment without the possibility of parole.
On a cold morning in November, Elena and I were invited to the District Attorney’s office for a formal plea conference.
Daniel sat at the far end of the conference table, flanked by two new court-appointed capital defense attorneys. He was dressed in a red high-security jumpsuit, his ankles shackled to a floor ring beneath the table. He had lost at least twenty pounds; his cheeks were hollow, his hair was thinning, and his eyes had the flat, dead stare of a condemned man.
District Attorney Sarah Jenkins opened the meeting with clinical precision.
"We are here at the request of the defense," Jenkins said. "Mr. Harper’s counsel has indicated a desire to discuss a global plea agreement."
Daniel’s lead defense attorney, a veteran named Thomas Vance, leaned forward. "Your Honor... excuse me, Madam Prosecutor. My client is prepared to plead guilty to Second-Degree Murder in the death of Arthur Harper, and Attempted Second-Degree Murder regarding Mrs. Montgomery. In exchange, we request a consolidated sentence of thirty years with the possibility of parole after twenty-two, to be served at the Minimum Security Unit at Monroe."
Jenkins didn't even look at her notes. She looked directly at Daniel. "No."
Daniel flinched. "Sarah... please," he croaked, his voice like dry leaves. "I’m forty-one years old. Thirty years is my whole life. I’ll die in prison."
"You should have thought about that before you put digitalis in your father’s tea and stood by while your mistress poisoned your wife’s wine," Jenkins said ruthlessly. "The state will not accept a plea to second-degree murder. The aggravated murder charge stands."
Daniel’s defense attorney sighed heavily, turning to his client. "Daniel, we don't have leverage here. The journals in the vault are in your handwriting. The handwriting experts verified it yesterday. The exhumation report is unequivocal."
Daniel looked across the table at me. The desperation in his eyes was almost unbearable to witness.
"Claire," he whispered. "You have a say in this. The prosecutor listens to the victim. You used to work in this office! You know how this works! Tell them to take the plea! Please, Claire! I’m begging you on my knees!"
He tried to lean forward, but the chains around his waist clanked against the underside of the table, holding him fast.
"You want thirty years, Daniel?" I asked, speaking to him directly for the first time since the night behind the curtain.
He nodded frantically, tears spilling down his hollow cheeks. "Yes! Yes, please! Just let me have a chance to see the sky before I die! Just give me a shred of mercy!"
"Did you give your father mercy when he sat in his armchair, clutching his chest, wondering why his heart was failing while his only son watched him die?" I asked, my voice cutting through the room like glass.
Daniel bowed his head, sobbing into his shackled hands.
"Did you give me mercy when you stood behind my chair, watching Vanessa pour a paralytic into my glass?" I continued. "You didn't want to see me die, Daniel. Not because you loved me, but because you were too cowardly to watch the consequences of your own greed."
I stood up from the table.
"I will not sign off on a plea deal, Sarah," I said to the District Attorney. "Take him to trial. Let twelve citizens from this county look at his face, read his journals, and sentence him to die in a cage."
"Claire! No! Claire!" Daniel screamed as Elena and I turned and walked toward the door. "Don't do this to me! You were my wife! You loved me! CLAIRE!"
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The heavy steel door swung shut behind us, cutting off his screams.
***