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Despite a
few delays, arrangements had been completed for visiting Brian. I was approaching the
meeting with a mixture of nervousness and curiosity. Both feelings were linked to the same
question: how would the whole thing turn out?
After signing in and going through some security procedures, I was ushered into a visiting
area. I sat down at one of the tables and waited for Brian to come.
About five
or ten minutes later, a man came through one of the doors on the far side of the room and
looked around. Although there were maybe ten other people in the room, the man came
directly toward me.
As he
reached the table, he extended his hand to me and said: "Dr. Phelps, I'm Brian Idaho.
How are you?"
I rose to
shake his hand and stammered: "I'm...ah...fine." Glancing briefly at the other
people in the room, I said: "How did you know I was the one waiting for you?"
His face had
a somewhat impassive look to it as he remarked: "Spiritual powers have their
uses." Then, as he saw the look of disorientation in my eyes, a slight smile came to
his lips, and he said: "Sorry, I couldn't resist. Actually, Beth got a telephone
message to me a few days ago which included a brief description of you."
Although I
laughed, there was an uneasy tone to it. Brian must have picked up on it and did his best
to make me feel comfortable: "Look, Dr. Phelps, I really appreciate your taking the
time to come all the way out here. A lot of people in your situation would have turned
Beth down without thinking twice about it."
Brian was
about six feet tall and appeared to be forty-something, but a very athletic-looking
forty-something. He was neither handsome nor homely, but his eyes had an electric quality
to them.
They seemed
to glow with a combination of compassion and perceptiveness. I had the feeling he missed
very little, if anything, of what went on around him.
I'm not
exactly sure what I was expecting in relation to Brian. However, he struck me as being
somehow different from whatever unconscious preconceptions I had brought to the meeting.
He appeared
to be gentle, with a sense of humor. In addition, he seemed to be relatively open, without
any trace of an attitude concerning his situation.
I looked
down at the tabletop for a few seconds and, then, looked up at him. "Quite frankly, I
don't have the foggiest idea where to begin. Beth has told me a few things, but I'm still
pretty much operating in the shadows."
I shrugged
my shoulders with a sort of helpless motion. "If I can help in some way, I would like
to. Yet, I really don't know what, if anything, I possibly could do for either you or
Beth."
Brian's look
suggested he empathized with my predicament. He shook his head back and forth slightly and
said: "I wouldn't worry too much about that, Dr. Phelps. These things often have
their own way of working themselves out."
He reflected
briefly before saying: "Sometimes we try to take responsibility for things which
aren't in our control. A lot of things become clearer with patience."
His words
had a slightly unsettling effect on me. I had come to the meeting with a vague notion of
somehow being of help, yet, Brian was the one who was helping me to put things in
perspective. The role reversal was somewhat disconcerting in the way it exposed some of my
assumptions concerning my place in the scheme of things.
I nodded my
head to acknowledge the truth of what Brian had said and asked: "Where should we
begin, then?"
Brian
thought about my question for a moment and offered the following. "I think you need
more information, Dr. Phelps, so why don't you ask some questions? If I can, I'll do my
best to answer them."
I started to
ask one of the questions which had brought me to the meeting and stopped. "Is it O.K.
if I call you Brian?"
He said:
"You have my permission to do that as long as you let me call you Dr. Phelps."
Almost
automatically, I was about to respond: "Of course", when I realized what he had
done and laughed. "David will be sufficient."
He made a
gesture with his head as if to say: 'I bow to your wishes'. He smiled and, then, motioned
me with his eyes to go ahead with the questions.
I swallowed
nervously, cleared my throat and smiled somewhat apologetically. "Could you tell me a
bit about why you are here...you know...the circumstances which led to your
conviction?"
He shrugged
his shoulders. "There's not much to say. It's pretty cut and dried."
He leaned
back in his chair slightly. He started slowly but began to pick up a little speed as he
gave his account.
"The
federal authorities claim I killed, albeit somewhat accidentally, an FBI agent. This agent
supposedly was involved in an undercover investigation of alleged terrorist elements
within the membership of the American Indian Movement."
As he
continued to speak, he held up the four fingers of his left hand and, whenever a new fact
was introduced, counted it off with his right hand by grabbing one of the extended fingers
on his left hand. "I found out about the undercover operation. An altercation ensued
when I supposedly confronted the agent with the discovery. Things got out of hand, and the
man died from a head injury received when he fell after allegedly being hit by me. The
charge was manslaughter."
"Did
the events take place as the government indicated?" I asked.
Brian shook
his head and said: "No. There was no hard data or forensic evidence, except of a very
circumstantial sort, that tied me to the scene of the crime. However, I had no alibi for
the time of the incident."
He grimaced
a little before adding: "The case turned on the testimony of two people from a local
reservation. They claimed they overheard the fight and saw me leaving the room just before
the body of the agent was discovered."
A look of
sadness descended on Brian's face. "I had considered the two people in question to be
friends. Unfortunately, they perjured themselves."
He was quiet
for a while, then sighed. "Who knows what kind of pressure or enticements were being
brought to bear on the two. I feel badly for them."
With a note
of perplexity in my voice, I queried: "Why should you feel badly for them? You're the
one in prison."
He looked at
me as if I were missing the obvious. "Yes, I'm the one in prison, but I still have my
integrity as a human being. Those two have bartered theirs away."
Brian
explained further. "I'd rather be in prison with my integrity intact, then to be free
to roam around without it.
"There
are all kinds of prisons in this world. Some of the worst prison conditions on the face of
the earth are the ones we construct for ourselves through our wrong intentions and
actions."
I countered
with: "Wouldn't it be even better to have your integrity and your freedom?"
He smiled.
"Yes, of course. However, if it hasn't escaped your attention, and I'm sure it
hasn't, the Great Mystery doesn't always consult us about the arrangement of events."
Brian saw
the puzzled expression on my face and instantly guessed the problem. "The Great
Mystery is that which makes everything in existence possible. The Great Mystery creates,
organizes and arranges everything."
I gave a
slight nod of understanding. I added: "While I agree events often seem to have their
own mind, I'm afraid I'm not much of a believer in things spiritual."
Brian seemed
unfazed by my comment. "That's alright, David. Even if you don't believe in the Great
Mystery, nonetheless, the Great Mystery believes in you."
He hadn't
said it with condescension or arrogance. He wasn't challenging me in any way. There was no
sense of put-down in his remark. In fact, there was a haunting quality of gentleness to
his words.
I studied
Brian for a moment and briefly became lost in thought. People in prison were notorious for
professing their innocence. They were equally well known for being charming con artists
who quickly could spot exploitable vulnerabilities in other people and begin manipulating
those weaknesses. Sometimes, religion, or spirituality of some kind, was part of the con.
I didn't
have any gut feeling Brian was running some sort of scam on me. He seemed quite genuine
and without artifice.
On the other
hand, if he was really good at the con game, his 'sincerity' probably would be part and
parcel of the set-up. I'd never see the sting coming until it was too late, and, perhaps,
not even then.
I returned
from my musings and asked another question. "Is it possible your conviction could be
overturned on appeal or that a new trial might be ordered by bringing forth evidence about
the perjured testimony?"
Brian shook
his head in the negative. "My lawyer has gone over the transcript and feels no
procedural or legal errors were made during the trial on which to base an appeal that had
much legal credibility. He said he could go through the motions, pardon the pun, but
that's all they would be: motions."
Looking
slowly around the room, Brian continued to speak. "As far as a new trial is
concerned, shortly after I was convicted, the two witnesses were murdered. Nobody seems to
know who did it or why, but there are a lot of rumors flying about. In any event, one
might say the idea of a new trial has pretty much reached a dead end."
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