To be fair, the prosecutor from the governor’s office looked just as nervous, as did Bryony’s family and Dr. Ottingford, who were seated directly behind the prosecutor, right along with Governor Caldwell and his brother.
Bryony sat across the aisle from them, surrounded by the Amos family. Each time Mikhail glanced back at her, tucked between Yuri and Kate, something warm filled his chest.
The judge finally set the papers down and banged his gavel; then he looked straight at Evelina. “Mrs. Redding, I see you’ve filed a motion to dismiss the criminal negligence case against your brother.”
Evelina stood. “Yes, Your Honor.”
“I see you’ve also filed a harassment lawsuit against Governor Caldwell and the Revenue Cutter Service, claiming unfair and unconstitutional search procedures of your family’s ships.” The new judge’s voice sounded small and nasally compared to the previous judge’s booming one.
“Yes, Your Honor.” Evelina nodded.
“I also understand that as of this morning, you filed three other harassment lawsuits against either Preston Caldwell or Governor Caldwell, or both.” The judge shuffled the papers on the bench; then after appearing to find what he wanted, he peered down at Evelina again. “Is that correct?”
“It is, Your Honor.”
“Your Honor?” The prosecutor stood and stepped around his table. “With all due respect, those cases have no bearing on a hearing meant to decide whether we have enough evidence to proceed with criminal charges against Mr. Amos for the death of Richard Caldwell.”
The judge straightened his spectacles, then peered down at the prosecutor. “On the contrary. I find those cases helpful in determining the accuracy of Mrs. Redding’s assertion that the investigation leading to these criminal negligence charges was conducted with bias. Just as she believes the RCS searches of her family’s ships have been conducted with bias. And just as other families in the community are asserting bias, harassment, and unfair treatment.”
The judge pulled off his spectacles, using them to point at the prosecutor. “I might not understand much about Alaska, but I’ve heard a few cases in my time, which means I understand politics and power. When someone comes to me with this many complaints stacked against a large company or member of government, I know to pay attention.”
The prosecutor wet his lips. “Your Honor, none of this changes the fact that Alaska, acting under authority of the United States Government, recommends proceeding with negligent homicide charges against Mr. Amos.”
“I see.” The judge scratched the side of his head. “And Mrs. Redding, do you still recommend dropping the charges?”
“I do, Your Honor.”
“Very well.” The judge made a rolling motion with his hand. “State your case.”
Evelina laid out the case masterfully, stating that each person who agreed to go on a government expedition in Alaska knowingly assumed a risk of death. She then went on to say that, by multiple accounts, Richard Caldwell had proven to be difficult to accommodate on the expedition. Apparently he’d even proven to be difficult to accommodate on the trip to Alaska itself, based on the captain’s testimony from the vessel that had transported them from Seattle to Sitka.
By the time she finally sat down, she’d made the government’s case sound weak and flimsy.
Then the prosecutor launched into his reason for the case going to trial. His main claim was that every death should be fully investigated. Clearly, he hadn’t been in Alaska long. People died all the time in the wilderness, and the people with them—if there were survivors—never got charged with negligent homicide.
The judge asked that very question next, if he thought charges should be brought against all members of the original botany expedition over Jack Ledman’s death from a grizzly attack.
The prosecutor blinked, his face turning white before stammering, “No, Your Honor,” and sitting back down.
The judge picked up a piece of paper and waved it at the courtroom. “I have here a copy of Marshal Hibbs’s notes regarding the interviews he conducted, along with Marshal Redding’s. Both men gave them to me when I asked for them this morning.”
Mikhail shifted. Was that why the hearing had been delayed? The judge had wanted more documentation?
He glanced at Evelina, but she stared at the judge with a serious face that gave nothing away.
“Marshal Hibbs’s and Marshal Redding’s notes look very different, though my understanding is that they both sat in on the same interview with Mr. Mikhail Amos. Is that correct?” The judge wasn’t looking at Evelina or the prosecutor but directly at Mikhail.
He nodded. “Yes, Your Honor. They were both present and both took notes.”
“Marshal Redding,” the judge asked, “were you present for the interviews with the members of the botany expedition, specifically Heath Wetherby, Dr. Atticus Wetherby, Dr. Walter Ottingford, and Miss Bryony Wetherby?”
Jonas cleared his throat. “No, Your Honor. Marshal Hibbs said he didn’t need my assistance with those interviews.”
The judge harrumphed, then looked at his papers again. “Despite all the stories floating around, there seem to be two things all members of the botany expedition agree on. One, that Richard Caldwell was petulant and argumentative for a good portion of the trip. And two, that Mikhail Amos was not close enough to touch Richard Caldwell when he fell off a log into a gorge. The records also state that all other members of the botany expedition testify to easily being able to cross the gorge on the log bridge without losing their footing.” The judge blinked, then pounded his gavel on the bench. “I henceforth move to dismiss this case from court based on insufficient evidence that a crime occurred.”
Silence fell over the courtroom, broken only by the scratch of the judge’s gavel against the wood. For one long frozen moment, no one moved. No one spoke. Then Preston Caldwell shot to his feet, redness climbing up the side of his neck.
“The evidence is clear. Mikhail Amos was responsible for my cousin’s death. I don’t understand how he can be allowed to walk free without the case even going to trial.” He turned to the prosecutor, jabbing a finger in his direction. “Do something. File an appeal. Now.”
