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Don Ianuzi's avatar

Philip, your exploration of the prophetic burden as a difficult, often silent duty resonates deeply with this story I wrote regarding the moral weight of an attorney trying—and failing—to find a 'miraculous' outcome in a system that has grown cold If you have time let me know what you think. And yes in 1992 I was a Nevada State deputy public defender.

The Calling

Bishop Riley sent for Eli, Sunday after sacrament meeting. He said the young boy was lost. That the state would bury him. Eli knew the Young family; he knew the Mormons of Ely. He would see him that day.

Eli went to the jail.

The room was small. The light was flat. The boy sat across from him. Young. His hands on the table.

"The bishop sent me," Eli said.

The boy nodded. He did not look up. "My taillight worked," he said.

"Tell me."

The boy told him about the stop. He told him about the light. He said he was coming home to change.

On Monday, Eli arrived at the office and met chief deputy, defender McGuire. A heavy man breathing through his mouth, eating a candy bar.

"That the Young kid?" the deputy said.

"Yes."

"Good family. Shame."

"His taillight worked."

"Maybe. Don’t matter now. He had the weed. That’s what they see. Good luck to you."

Eli then told  McGuire that Bishop Riley asked him to see the boy at the jail.

"You are both LDS," the chief said.

"Yes."

"Is that a conflict?"

"I do not think so."

"The family knows you. The church knows you. You are not a stranger. But the law must see a stranger. Be sure you are his lawyer, not his brother."

"I am his lawyer."

"See that you are."

Eli took the case. He filed a motion to suppress. At the hearing, the arresting officer looked at the floor. He said the light was broken. The court reporter and the bailiff believed it worked. The judge denied the motion. After, Eli cut a deal with the prosecutor: twelve to thirty months for the boy.

He had already resigned, though it was not effective until the new year. He had resigned because of another case—a kid he’d kept out of prison. The next morning, he wrote his resignation on a legal pad and left it on his desk.

At sentencing, he argued that Alma was a good young man coming home to change his life. That the drugs did not represent him. That his family and his church could rehabilitate him. That marijuana did not merit prison. That his chances were better with them. Better at home.

The judge gave twelve to thirty months. His heart sank. He had convinced the bailiff. He had convinced the court reporter. He had convinced the cop. But he had not convinced the judge.

After, the deputy, McGuire, spoke to him in the hallway: "Best defense argument I’ve ever heard."

Later, Bishop Riley met with him again in his office. The light was low.

"You did what you could for Alma," Riley said. "The world is hardening. Even here."

"I resigned," Eli said. "Effective the new year."

"I heard. The other matter. The Thorne boy."

"He was my client. I got him probation."

"I know. And you carry the weight of what he did. You must not."

"He was my client."

Bishop Riley leaned forward, his hands flat on the desk. "Listen to me.

You argued for a chance. That was your duty. The judge granted it. That was his. The boy made his choice in that warehouse. That was his. You do not own his sin. Those deaths are not on your hands."

Eli looked at the floor. "The dead call out to me."

"The feeling is a lie. The church will miss your service. But the Lord needs good men. Even the fallow ones. Especially the fallow ones. But you must not carry a weight that is not yours to carry."

Eli did not answer. He was still seeing the other boy. The one who had put five bullets in the back of five heads

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