When Innocence is Inconvenient (Part 4)

The Testimony of Spooky Brown, Esq. (Third Series)

Spooky Brown, Esq.
3 min readOct 23, 2020

For Part 1, click here. For Part 2, click here. For Part 3, click here.

Photo 156630756 © motortion | Dreamstime.com

(Part 4 of 4)*

Where’s the File, Wendell?

While Wendell was on vacation, I decided to take the case file to my boss, a white man, and explain the situation to him. I went to Wendell’s office to get the case file and, to my surprise, it wasn’t there.

I then asked his secretary for the file.

She couldn’t find it.

I went to the court to see if it was left there.

Nothing.

“Did this racist asshole hide the file so no one could take action on the case?” I thought.

Pissed, I went to my boss and explained the situation. I told him I was ready to dismiss the case, immediately. While he didn’t feel the same way, he did call Wendell’s cell phone to ask about the file.

“Hey Wendell, I hope your vacation is going great, do you know where Gideon’s case file is?”

There was a three second pause followed by, “No.”

It was obvious to the both of us that he was lying.

Stumbling over his words, Wendell said that he would look for the file when he returned from vacation — which was not for another week. After he hung up, I said, in no uncertain terms, “You know he’s lying, right? He knows where that file is.”

“I know, but do you want me to do? I’ll deal with it when he gets back. Why are you even concerned? It’s not your case.”

Ignoring my boss’ comment, I asked, “Are you gonna to dismiss it if what I said is true?”

“Maybe,” he said. “Don’t worry about it.”

“I have to because no one else will,” I said as I stormed out of his office.

When Wendell returned from vacation, I didn’t ask him about anything and I didn’t want to hear about anything from him. I already knew what the next court date was, and I was going to be there.

On that day, Wendell — and the case file — were in court with Gideon and his attorney. Instead of dismissing the case, however, Wendell agreed that Gideon should be released from jail pending “further investigation.” This was approved by my boss.

“Stubborn motherfuckers,” I thought.

While I was upset, I wanted to be careful and deliberate in my approach. I didn’t know what to do next. Go above my boss’ head? Go directly to the District Attorney?

In the end, it was neither.

I got transferred and didn’t get the chance to act. A coincidence? I don’t know, but the timing seemed suspect.

When I asked my boss about it, he said that he too was surprised by the transfer. He said that he tried hard to keep me, but the final decision was way above his “pay grade.”

I didn’t believe him.

My new assignment was a step down from my last one, but just as busy. I was so focused on the work that I lost track of Gideon’s case.

To this very day, I still don’t know what happened to Gideon. Part of me wants to believe that his attorney got that dismissal, or maybe got him a reduced charge that required no further jail time. The information I had on the case was lost and I didn’t want to follow up with Wendell or my old boss, for obvious reasons.

With a busy assignment before me, I simply just let it go.

One of the biggest regrets of my career.

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Spooky Brown, Esq.

*Former* progressive prosecutor with the L.A. District Attorney’s Office. Still progressive though. Fairness by any means. sbesquire@pm.me.