Episode One
Albert Merrick, a retired defense attorney, had a well-earned guilty conscience now that he was facing his demise from final-stage prostate cancer. His unrest stemmed from his unethical actions taken twenty-five years earlier after which he’d risen to prominence in Texas’ legal circles. Unfortunately, Claude Dempsey, a pro-bono client, would lose his second bid for freedom, as a result. Merrick’s fears that he’d perish without finding any redemption, leads him to confess everything to his wife.
He explains to her that after two trials and fifteen years of appeals to his conviction were exhausted, less than a year ago Claude Dempsey, a Texas CPA convicted of the brutal murder of his business partner, succumbed to a lethal injection. Sadly, Dempsey’s son, a marine home on leave from Afghanistan, was the only family member present at his execution. Dempsey was innocent, Merrick knew it and on telling his wife so, she advised him to cleanse his soul by first locating and then writing to Dempsey’s son.
Serving in Afghanistan, Lance Corporal Michael Dempsey receives a letter that states his father was totally innocent and his attorney, Albert Merrick, has absolute proof of this in his possession. Michael reads that Merrick and his wife want desperately to help him clear his father’s name.
Hope takes hold in the life of the marine when Nathan March, honors the request from a friend’s son who is a chaplain stationed with Dempsey. The young chaplain connects the famous detective to Dempsey interjecting even more hope into the young marine’s life. A short time later, it would be Nathan’s sad duty to inform Mike Dempsey that days after mailing that letter, Attorney Merrick’s computer and all the hard cover archives from his legal practice, were destroyed in the raging fire at his residence that also claimed both the lives of Albert and Tameka Merrick in the early morning hours of the first day of spring.
With so many years elapsed and memories lost or kept repressed, Nathan March realizes what a twisted investigation he’s undertaking. However even the most insightful among us misjudge the level of effort needed to successfully complete an endeavor, and this was to be one of those times.
Proving someone’s innocence, when so many have invested so much in their guilt, puts a host of challenges in play that can’t always be predicted. Unfortunately, the David Solomon murder requires many more to keep the truth from surfacing and this time they come dangerously close to mortally-wounding those affiliated with Nathan March Investigations.
At the Forward Operating Base in Edinburg, Afghanistan, personnel were desperately searching for Lance Cpl. Michael Dempsey and Lance Cpl. Franklin Ryder. As skirmishes went, it hadn’t been an outrageously long barrage of incoming gunfire that the Marines from the 2nd Battalion, 4th Marine Regiment had just endured, but the fact was that it was after dark and when the headcount was completed, the two men appeared to be missing and would soon be listed as possible casualties.
Six hours later Lance Cpl. Franklin Ryder’s wounded body was being carried over the left shoulder of Lance Cpl. Michael Dempsey, who at 6’5” and 230lbs, continued to carry his friend despite the Military Police Officers, who tried to take the chore away from him.
It took a while but the whole story of their disappearance finally emerged. The explanation came from Franklin Ryder while an inpatient at the base hospital. He admitted that the earlier conflict felt far more intense than it really was because of the hallucinogens he’d taken into his system. What he experienced encouraged him to take off running to escape what he perceived while under the influence, as grave danger.
In the dark soon afterward without proper authorization, Michael Dempsey headed out to find his friend. When he finally found him he realized he’d been struck by enemy fire and was bleeding profusely. Ryder remembered that his friend Dempsey plugged up his wound with a large portion of Ryder’s undershirt which Mike ripped to shreds. For hours they waited for the insurgents close by to withdraw, and when they did, they finally made it back to their military unit.
Mike was told that his friend Frank had reminded their commanding officer of the fact that Mike’s grandfather had died one year ago, and his Dad had been buried just five months later. Frank’s friendship was all Mike had left that he valued. Frank insisted that was the reason that drove Mike to ignore his training and orders, to rescue his closest friend, who like himself had only months left in Afghanistan before his tour was up.
Although freed from any charges, Mike Dempsey took a hell of tongue lashing from his commanding officer for putting himself at risk, for breaking ranks and ignoring known combat protocol in order to rescue a marine, without the knowledge or consent of his commanding officer.
Besides Lance Cpl. Franklin Ryder’s serious wound, his drug problem had to be addressed as well by the Marine Corps. Within thirty hours he was aboard a flight headed for a stateside hospital, after apologizing and saying a tearful goodbye to Mike Dempsey.
However, a letter he received the next day, would do wonders for Mike Dempsey’s mood, and give him a wonderful surge of hope once it was read. The letter came from a source he only knew from the brief meetings he, his mother, and grandfather had over the years with his father’s court-appointed attorney, Albert Merrick of Houston, Texas, the author of the lengthy letter he was holding.
Just seeing the Houston postmark brought a storehouse of emotion to life, as Mike’s mind went back so many years to his visit to his father on Father’s Day 1995. As his sole caretaker since his mother’s death in a car wreck when Mike was five, Silas Dempsey, Mike’s grandfather, brought the ten year old to the prison. There Claude Dempsey, age 46 was being held, in the newly established Terrell Unit in Livingston, Texas, on Death Row. Claude Dempsey kept the faith that a vigorous appeal of his first-degree conviction was being prepared by Albert Merrick, his attorney, and would eventually be successful.
It was on Thursday, July 7, 1987, two years and one day after Mike Dempsey’s second birthday, everything changed for the Dempsey family. On that day at 9:15AM, the body of David Solomon was found by a legal secretary, the victim of a bludgeoning death. David was Claude Dempsey’s partner in the very highly respected CPA firm of Solomon and Dempsey, located in downtown Houston.
It wasn’t a secret that because David’s money got them started, Claude Dempsey worked off his debt to David by doing the lion’s share of the business himself, taking a very modest salary and giving David enough freedom for two hour lunches, three times a week. It was also no secret that on several occasions David had given some questionable advice to some influential clients who later complained to Claude, when David failed to live up to his promises to stand by his professional advice.
Each time he was confronted by a very disappointed Claude Dempsey, David Solomon would make the same statement, that perhaps after seven years, it was time the two men went their separate ways. In desperation Claude did finally contact another of his college roommates Larry Hobbs, a lawyer who also happened to be a CPA himself. The two confronted David together, about dissolving the partnership.
When David’s attorney arrived the meeting got very nasty with David reiterating the fact that the money to begin the firm came from him and then he moved on to accuse Claude of trying to steal all the wealthy clients from him, all of whom David stated, had come from his excellent family connections which brought them to the firm.
By the end of the meeting Claude knew before his old college roommate told him, that he was in for the fight of his life. Five days later, on a hot summer’s day David Solomon’s brutal death ended their partnership and began a murder investigation in which Claude was immediately a person of interest.
The very wealthy Solomon family let no time pass before parading witnesses before the police, who informed them of the turmoil between David and Claude as well as giving witness to the animosity involved in splitting up the partnership, because of the money arrangement.
Three weeks later Claude Dempsey was arrested. Albert Merrick a young and very ambitious lawyer, worked diligently for about three months, and then his dynamic approach to gathering favorable testimony and evidence for his defense of Claude Dempsey just seemed to fizzle. Then came the first trial in March of 1990 and after two weeks, Claude was found guilty and four months later, his wife Eileen was killed in an auto accident, just before Mike was five.
Two and half years later, the sentence was overturned due to judicial misconduct, when it was learned that the judge over the proceedings continued his affair with one of the late David Solomon’s charming and very married sisters, whose furious husband brought the news to a local news reporter.
Michael Dempsey barely remembered the day the police rearrested his father. In May of 1993, after months together, eight year old Mike, his Dad and his grandfather, faced the day they knew had to come sooner or later, the day Claude was rearrested.
This time he was offered a deal to plead guilty to voluntary manslaughter which would set him free after fifteen years. A frustrated Albert Merrick nearly insisted he take the deal offered, but Claude knew he was innocent and told his son and father that he couldn’t confess to a crime he hadn’t committed. Years later Mike Dempsey would come to wish to God that his father had done so.
In January, 1995 once again he was found guilty of first-degree murder and the death sentence was imposed. Once again his cell was in the Terrell Unit of the State Prison at Livingston, Texas to spend another term on death row.
Now the visits were once every other month at Claude’s insistence, knowing how difficult it was for his aging father to bring his grandson. But never during one single visit did Claude exhibit any self-pity or defeat. Years later battered by the system and the lack of concern from his attorney, Albert Merrick heard Claude’s complaints about only filing the necessary paperwork expected of a legal counsel, without going the distance for a client fighting for his very life.
The Terrell Unit changed names to the Pulansky Unit before all Claude’s appeals had been exhausted. On November 11, 2011 a sixty-one year old Claude Dempsey was transferred to Huffington Unit, where strapped to a gurney he looked out the glass windows in the execution chamber to see that his only living relative present was his twenty-six-year old heartbroken son, a marine now for three years. He called forth every ounce of courage he could and smiled into that son’s face holding that smile for well over a minute. When asked if he had any last words to say, all he said was “I’m going to be with your mother and grandparents now, so don’t forget me, son,” which he spoke clearly and strongly, seconds before the powerful sedative took effect.
Had his grandfather been alive to convince him, Michael Dempsey would have applied to OCS, since his college degree and the two years of service requirement was met. Thanks to his friend Franklin Carter’s honesty, he still had the option to do so, but clearing his father’s name, was all that mattered to him.
Sitting on the ground in the heat, with his back against the large tires of a Humvee, he ripped open the letter he received hours ago. Soon Michael could feel his pulse racing and his hopes soaring. The letter’s contents informed him that Attorney Merrick was terminally ill and didn’t want to die without making things right for Claude Dempsey’s son.
The letter stated that Merrick had proof that his client of years ago was innocent and asked Mike’s forgiveness for falling victim to a huge bribe attached to a large sum of money and the promise of a constant access to wealthy clients and the good life, a goal Merrick desperately wanted to enable his wife Tameka to have.
He said that before writing the letter to Mike he told his wife the truth about the Dempsey trials and what he felt he needed to do to make amends now. She agreed with his decision completely, giving Albert Merrick the final proof that she loved him and had never needed more than his love to be happy.
Merrick advised Mike to get the help of a chaplain to assist him to get leave to meet with him and his wife Tameka back in Texas, and plan a course of action. Mike was on his way to headquarters as he read the last sentence in the attorney’s letter.
The chaplain, Fr. Quinlan, read the letter Mike received after hearing the details of his father’s execution for a crime he didn’t commit. The young priest lifted his head and Mike could see the tracks of his tears which he cried for the horrible end Mike’s father had to face as a totally innocent man.
“Father I’m curious to know who it was that did kill David Solomon, because finding him or her, would completely exonerate my father. I believed as a teenager the same thing I believe today, that the Solomon family is responsible for attorney Merrick’s lack of effort during both trials. With everything they’ve invested to convict my father, I’m certain that they are not going to take clearing my father as something in their best interest. The fact is that Merrick’s confession and the proof he has might not be enough to set things right,” said Mike Dempsey.
“Mike my own father was a Superior Court Judge in Vermont, and I know he’d want me to help you in any way I could. I believe that one of his dear friends, a very prominent and capable private detective is just the person you need to get things moving in the right direction. Do I have your permission to contact him, while I move to get you home for a month,” said Fr. Quinlan to a very grateful marine.
“Absolutely Father,” said Mike feeling pounds lighter in the area of his heart.
The shower felt particularly comforting after Nathan’s workout had taken more than it normally did out of him, which happened when he was mulling through important issues, at the same time. To rinse the shampoo from his salt and pepper hair and out of his hazel eyes, the very tall and perfectly fit man stood under the three sprays on each side of the shower’s glass enclosure.
In meditating, time often slipped away as it had while he remembered the early morning phone call that woke him up at dawn this morning.
“Hello am I speaking with Nathan March?” asked the caller.
“You are speaking with a barely awake, Nathan March,” Nathan responded.
“Oh Nathan, so sorry, I’m lousy at remembering the time difference between the states and my present location in Afghanistan,” said Fr. Quinlan.
“Jeff, is that you?” said a smiling Nathan into his cell.
“Yeah, Judge Warren Quinlan’s brat,” said Fr. Quinlan.
“How the heck are you?” asked Nathan obviously delighted to hear from his dear friend’s son.
“I’m doing well, staying fit and ducking rockets. Seriously though, there’s someone here who really could use your help Nathan,” said Fr. Quinlan.
“You’ll need to fill me in on the details,” said Nathan.
Mike Dempsey’s life story would have impacted anyone hearing it, but for Nathan it was like a hot cup of coffee, waking up his senses and helping him focus on each word Jeff spoke to him. When Fr. Quinlan finished without one interruption from Nathan, he himself felt far better than he had a while earlier.
“That’s all of it Nathan, and although I’m trying to get Mike home for a month to meet with both the Merricks, I’m not sure a request for an emergency leave will be honored, or even handled the right away. Things get pretty wild around here. The people back home don’t realize that along with Afghan security forces we’re still in the fighting to take back ground lost because of our troop withdrawal,” said Fr. Quinlan.
“As the last U.S. fighting force still in Afghanistan, I’m sure it’s hairy over there for you. Jeff, but I would like to speak with the young man if it’s possible,” said Nathan.
“You want to do your “JUJU” on him, huh?” said Fr. Quinlan.
“If you mean that I want to see what impression he gives me, than you are correct,” said Nathan.
“He’s on patrol right now, but at dawn, which is in several hours, he’ll be off duty and with your permission, I’ll have him call you,” said Fr. Quinlan.
“Please do that. Now tell me how you are doing really,” said Nathan.
“Never could fool you, could I,” said Fr. Quinlan.
“Nope, remember we spent a lot of time together for a while there,” Nathan reminded the young priest.
“I guess Mike’s story brought up my own feelings about Dad, and how much I’d give for a few more moments with him. Nathan no one will ever mean to me what my Dad did, and I feel so ridiculous for still crying myself to sleep after three years have passed since his death,” said Fr. Quinlan.
“Your father’s death drilled a whole in my own soul that took months of meditation to repair. I still remember the day you went into seminary and he called me himself in tears, insisting that I spend some time with him and I did. How could I not, the man was a rock and at that time he sounded as if his heart would break from missing you,” said Nathan.
“My Dad cried? Now that’s a shocker,” said Fr. Quinlan.
“Oh that he did, he also started going back to Sunday mass, telling me he did it so he wouldn’t disgrace you when you were ordained.” said Nathan.
“Nathan, I know his soul is in great company and I also know that he loved you like family. He told me if I were ever in trouble, you were the one to phone,” said Fr. Quinlan.
“I’ll look forward to young Dempsey’s call and meanwhile my information gathering genius will get all the background I can find on his Dad. I want to speak with him before I contact the Merricks, but if I find they have proof of Claude Dempsey’s innocence, than I will entrust it to a wonderful friend in law enforcement, and together we’ll make it right,” said Nathan.
It was dinnertime when Michael Dempsey’s phone call came through and handing his plate to Dina Cleary to keep it warm, he took the call in the den.
“Hello Mr. March, I was told to call you,” said Mike.
“It’s a pleasure to make your acquaintance Mike. Jeff, I mean Fr. Quinlan, filled me in on the details of the false conviction of your father, and I felt I needed to speak with you personally to make sure you understand that these things don’t always come out the way one hopes they will. Please understand that no matter the direction it all takes, I am going to go through this case with a fine tooth comb and re-examine any evidence available in order to find more than enough to clear your father’s name,” said Nathan.
“I can get you a copy of the letter the Merricks sent to me, because believe me Mr. Merrick’s terminal diagnosis put him in the mood to tell the truth and nothing but the truth. He admitted that in her name Gillian Solomon’s family lawyer bribed whoever he could, as well as intimidated or manipulated those who went on to testify against my father. The deal they offered Dad came from the D.A. himself, Montgomery Frost, who happened to be Gillian Solomon’s brother-in-law.
“You can’t know how angry Merrick was when Dad said no to the deal. Merrick said in the letter that he was certain Dad was scared enough to take the deal. When he told Frost that Dad wouldn’t budge, Frost was so mad he knocked Merrick’s chair backwards and then he threw him out of his office. In his letter, Merrick said his bruises that day were the result of Frost’s fear that the public would learn of his connection to the Solomons, because above all he didn’t want to lose his chances at the political career Gillian promised she’d sponsor, only after my Dad was executed,” said Mike
“Aren’t the three of them the salt of the earth,” said a disgusted Nathan.
“I don’t mean to discourage you but there were a lot more than three involved in all the shenanigans Merrick mentioned, I promise you Mr. March,” said Mike.
“The more I listen to you, the more I think Fr. Quinlan’s right, and you need to come home for a while to help us clear this all up. But since I’m going to meet the Merricks as soon as possible, that is with your permission, I’d like to go over everything with them first,” said Nathan.
“You not only have my permission, I will pray that you get all the details yourself so you can put your own spin on things. Something tells me you’ve fought some tough battles yourself, so I have every confidence that with the Merrick’s proof, this time the Dempseys will put a win on the score board,” said Mike feeling happier than he had in years.
“Keep that good thought Mike, and I will be back in touch with every new detail we uncover,” said Nathan.
“Well Fr. Quinlan’s cell phone will be always be available he said, so I’ll look forward to your calls,” said Mike before disconnecting his call.
The next morning, Dina and Dennis Cleary were enjoying coffee together while breakfast was cooked and then placed under the warming lights to keep it warm until the household’s members came down for breakfast. The story reported on the TV morning news show with video, told of the death of well-known Houston attorney Albert Merrick, dubbed the F. Lee Bailey of Houston.
It seems he and his wife Tameka, perished in a rapidly moving house fire shortly before daybreak. The short bio of the attorney was still playing when Nathan arrived in the kitchen for breakfast, with Mickey on his heels. Quickly turning up the volume, Nathan’s heart sank as the story of the deadly fire was closed with more gruesome video of the attorney’s destroyed residence.
Mickey and Nathan headed to the den to contact Sam Weiss and have him peruse the internet for more information. Nathan could only imagine how young Mike Dempsey was going to handle the news.
When he reached Sam, the computer geek was already forwarding information to Mickey’s laptop, recognizing the name Albert Merrick from the hastily put together teleconference he and his associates had taken part in with Nathan and Mickey, shortly after Nathan received Fr. Quinlan’s original call.
John Barry and George Lopez, Sam’s associates in the Protective Titans Associates, we’re included in another teleconference that Sam wisely put together after reading the shocking news.
“Good morning gentlemen,” said a somber Nathan.
“I heard from Sam we’ve got bad news to digest,” said John.
“Unfortunately, Michael Dempsey’s the one I’m feeling for at the moment,” said Nathan.
“Yeah, it stinks to get your hopes raised, and then within hours have them dashed the way his will be, I’m sure,” said George Lopez.
“He doesn’t need to be in a bad place mentally, while he’s on active duty Nathan,” said John.
“That’s the first thing I’ll work on, after this meeting,” said Nathan.
“John, George, and Sam, we are going to need all three of you for this one, because Nathan’s certain this was no accidental fire, primarily because had the Merricks met with Mike Dempsey or Nathan and shared their information, it’s no stretch of the imagination to say a few more people in Houston would be sharing a cell, tonight,” said Mickey.
“I guess we can assume the evidence Merrick spoke of to Mike Dempsey is all but destroyed as well,” said George.
“That’s a good bet,” said Nathan.
“Guys should I tell Nathan now?” asked John of his partners.
“That’s affirmative,” said George.
“Yes by all means,” said Sam.
“Nathan, we’ve already made arrangements to be there later today. We talked amongst ourselves and wanted to tell you that this one’s on us. Mike’s a marine on duty in Afghanistan. That means we’re brother in arms, and one of us needs the help of the other three, so there is no money attached,” said John.
“As the professionals you are, I insist on paying for your services as well as the air fare and providing you with room and board and each of you with transportation while you’re here,” said a stern Nathan.
“Face it dudes fares are through the roof, and with all three of you hoping to build families of your own, you don’t need additional expenses,” said Mickey.
“Guys he’s right, the baby at my house is going to need a new pair of shoes,” said George Lopez.
“How’s my lady Naomi,” asked Nathan.
“I’m fine and on the other phone, listening to you guys,” said Naomi.
“Hi sweetheart, how’s the baby doing?” asked Nathan.
“Trisha’s a year old, gorgeous, healthy and spoiled,” laughed Naomi.
“Is it okay for me to drag her father away for a while?” asked Nathan.
“Are you kidding, my grocery bill will almost diminish, with him gone,” said Naomi.
“There’s a bright spot,” said Mickey.
“How’s Owen doing these days?” asked Nathan.
“Trisha’s grandfather is healthy and happy with a crush on the nanny, so I see lots more of him than I thought I ever would,” said Naomi.
My family’s adopted the man,” said George.
“I can’t say that George’s cousin Miranda will be pleased to be without John for a while, since she finally got her teaching assignment in Cincinnati and they just moved in together. Of course they worry the family terribly because those two go missing for days, without returning calls,” said Naomi.
“Is that right,” said Nathan smiling.
“Yeah, want to make something of it anybody?” said John.
“No sir,” they all replied in unison.
“Well I’m married only two months, but my Becky won’t be complaining. Her parents live next door, so she’s never alone,” said Sam.
“She made a beautiful bride Sam, and you can bet I’d have beaten you out for her, had we met first,” said Mickey.
“Sorry Mickey, she tells me all the time that had she met Nathan first, he’d have had a hard time escaping her,” said Sam.
“Who says I would have tried to escape, that’s one beautiful woman you married,” said Nathan making the whole group break out in laughter.
“Okay dudes, time to pack and head for the airport. Since there were no empty seats aboard one flight for all three of us, we all depart from Cincinnati within an hour of each other only on three different airlines. Nathan please be sure to tell Dina, we three will be there in time for dinner,” said John.
“Works for me, bye everyone,” said Nathan as the teleconference came to an end.
The SUV rentals were handled by Dennis Cleary, Dina’s husband and the Chief of Security at the March manor house, the headquarters of Nathan March Investigations. The vehicles would be available by the time all three arrived at the Vermont airport some hours later.
On his way up to his room, Mickey stopped, turned around and said, “Boss, General Clayton Pierce, Milt Pierce’s brother, isn’t he back in Afghanistan commanding one of the Marine Regiment’s there? I wonder how close he is to Edinburg and the Marines from the 2nd Battalion, 4th Marine Regiment. Maybe he’s who to call to learn how to get Mick Dempsey home, huh?” asked Mickey.
“That’s why you’re paid the big bucks, my man. I’ll give Milt a call and get the answer to all your questions,” said Nathan.
“I’m going to sit in front of my laptop and look over all of Sam’s information about Gillian Solomon and her son David, then about the Merrick’s fatal fire, and then D.A. Frost’s actions during the two trials.” said Mickey.
“Albert Merrick’s reason for wanting Claude Dempsey to be found guilty was to collect a reward for doing so, and to be put in a position to earn lots more money as legal counsel to a long list of the very rich and influential in Houston.
“Gillian Solomon wanted Claude Dempsey to pay for her son’s murder and she didn’t care how much it cost her to make that happen.
“Montgomery Frost probably knew from the start of the second trial that chances were that Claude Dempsey was totally innocent, but a political career paid for by Gillian Solomon was all that really mattered to him.
“Now we’ve got to prove it all ourselves because Merrick’s records probably no longer exist anywhere,” said Nathan.
“I still can’t wrap my head around the fact that Houston P.D. had to be cutting corners and wearing blinders not to investigate what had to be plenty of other candidates with motive to kill a very arrogant CPA who was costing his clients far more than they bargained for,” said Mickey.
“It only takes one unscrupulous detective to send an investigation around in circles until the wrong person pays the price. We’re going to find the person or persons who turned a blind eye to the obvious frame being perpetrated against Claude Dempsey,” said Nathan meaning every word.