11
The highway to Colton snaked through the mountains, rising and falling, offering breathtaking views of the dense ridges, then dipping into valleys filled with clusters of dilapidated shacks and mobile homes with junk cars scattered about. It clung to creeks with shallow rapids and water clear enough to drink, and just as the beauty sunk in it passed another settlement of tiny, forlorn houses stuck close together and shaded eternally by the mountains. The contrast was startling: the beauty of the ridges against the poverty of the people who lived between them. There were some pretty homes with neat lawns and white picket fences, but the neighbors were usually not as prosperous.
Mattie drove and talked while Samantha took in the scenery. As they climbed a stretch of road, a rare straightaway, a long truck approached from the other direction. It was dirty, covered with dust, with a canvas top over its bed. It was flying down the mountain, obviously speeding, but staying in the proper lane. After it passed, Samantha said, “I assume that was a coal truck.”
Mattie checked a mirror as though she hadn’t noticed. “Oh, yes. They haul it out after it’s been washed and it’s ready for the market. They’re everywhere.”
“Donovan talked about them yesterday. He doesn’t think too highly of them.”
“I’ll bet good money that truck was overweight and probably couldn’t pass inspection.”
“And no one checks them?”
“It’s spotty. And usually when the inspectors arrive the coal companies already know they’re coming. My favorites are the mine safety inspectors who monitor the blasting. They have a schedule so when they show up at a strip mine, guess what? Everything is by the book. As soon as they leave, the company blasts away with little regard for the rules.”
Samantha assumed Mattie knew everything about her lunch the day before with Donovan. She waited a moment to see if the job offer was mentioned. It was not. They topped a mountain and began another descent. Mattie said, “Let me show you something. Won’t take but a minute.” She hit the brakes and turned onto a smaller highway, one with more curves and steeper ridges. They were going up again. A sign said a picnic area with a scenic view was just ahead. They stopped at a small strip of land with two wooden tables and a garbage can. Before them lay miles of rolling mountains covered with dense hardwoods. They got out of the car and walked to a rickety fence built to keep people and vehicles from tumbling deep into a valley where they would never be found.
Mattie said, “This is a good spot to see mountaintop removal from a distance. Three sites—” She pointed to her left. “That’s the Cat Mountain Mine not far from Brady. Straight ahead is the Loose Creek Mine in Kentucky. And to the right there is the Little Utah Mine, also in Kentucky. All active, all stripping coal as fast as humanly possible. Those mountains were once three thousand feet high, like their neighbors. Look at them now.”
They were scalped of all greenery and reduced to rock and dirt. Their tops were gone and they stood like missing fingers, the nubs on a mangled hand. They were surrounded by unspoiled mountains, all ablaze with the orange and yellow of mid-autumn, and perfectly beautiful if not for the eyesores across the ridge.
Samantha stood motionless, staring in disbelief and trying to absorb the devastation. She finally said, “This can’t be legal.”
“Afraid so, according to federal law. Technically it’s legal. But the way they go about it is quite illegal.”
“There’s no way to stop it.”
“Litigation is still raging, has been for twenty years. We’ve had a few victories at the federal level, but all the good decisions have been overturned on appeal. The Fourth Circuit is loaded with Republican appointees. We’re still fighting, though.”
“We?”
“The good guys, the opponents of strip-mining. I’m not personally involved as a lawyer, but I’m on the right team. We’re in a distinct minority around here, but we’re fighting.” Mattie glanced at her watch and said, “We’d better go.”
Back in the car, Samantha said, “Kinda makes you sick, doesn’t it?”
“Yes, they’ve destroyed so much of our way of life here in Appalachia, so, yes, it makes me sick.”
As they entered the town of Colton, the highway became Center Street and after a few blocks the courthouse appeared on the right. Samantha said, “Donovan has a trial here next week.”
“Oh yes, a big one. Those two little boys, so sad.”
“You know the case?”
“Oh yes, it was quite the story when they were killed. I know more than I care to know. I just hope he wins. I advised him to settle, to take something for the family, but he wants to make a statement.”
“So he doesn’t take your advice.”
“Donovan usually does what he wants to do, and he’s usually right.”
They parked behind the courthouse and walked inside. Unlike Noland County’s, the Hopper County Courthouse was a baffling modern structure that had undoubtedly once looked thrilling on paper. All glass and rock, it jutted here and folded there, and wasted a lot of space in its daring design. Samantha figured the architect had eventually lost his license.
“The old one burned,” Mattie said as they climbed the stairs. “But then they all burn.”
Samantha wasn’t sure what this meant. Lady Purvis was sitting nervously in the hallway outside the courtroom, and she smiled with great relief when she saw her lawyers. A few others loitered about, waiting for court to convene. After a few preliminaries, Lady pointed to a dough-faced young man in a polyester sports coat and shiny boots with pointed toes. “That’s him, works for JRA, name’s Snowden, Laney Snowden.”
“Wait here,” Mattie said. With Samantha following her, she made a beeline for Mr. Snowden, whose eyes got bigger the closer she got. “You’re the representative for JRA?” Mattie demanded.
“I am,” Snowden said proudly.
She thrust a card at him as if it were a switchblade and said, “I’m Mattie Wyatt, attorney for Stocky Purvis. This is my associate, Samantha Kofer. We’ve been hired to get our client out of jail.”
Snowden took a step back as Mattie pressed ahead. Samantha, treading water, wasn’t sure what to do, so she quickly adopted an aggressive posture and look. She scowled at Snowden as he looked blankly at her and tried to absorb the reality that a deadbeat like Stocky Purvis could hire not one but two lawyers.
“Fine,” Snowden said. “Fork over the money and we’ll get him out.”
“He doesn’t have any money, Mr. Snowden. That much should be clear by now. And he can’t make any money as long as you’ve got him locked up in jail. Tack on all the illegal fees you want, but the truth is my client can’t earn a dime sitting where he’s sitting right now.”
“I have a court order,” Snowden said with bravado.
“Well, we’re about to talk to the judge about his court order. It’s going to be amended so Stocky walks. If you don’t negotiate, you’ll get left holding the bag.”
“Okay, what do you gals have in mind?”
“Don’t call me a gal!” Mattie barked at him. Snowden recoiled fearfully, as if he might get hit with one of those sexual harassment claims you read about. Mattie, inching closer to Snowden as her face changed colors, said, “Here’s the deal. My client owes the county about $200 in fines and fees. You boys have tacked on four hundred more for your own fun and games. We’ll pay a hundred of that, total of three hundred max, and we’ll have six months to pay it. That’s it, take it or leave it.”
Snowden put on a phony smile, shook his head, and said, “Sorry, Ms. Wyatt, but we can’t live with that.”
Without taking her eyes off Snowden, Mattie reached into her briefcase and whipped out some papers. “Then try living with this,” she said, waving the papers in his face. “It’s a lawsuit to be filed in federal court against Judicial Response Associates—I’ll add you later as a defendant—for wrongful arrest and wrongful imprisonment. You see, Mr. Snowden, the Constitution says, quite clearly, that you cannot imprison a poor person for failing to pay his debts. I don’t expect you to know this because you work for a bunch of crooks. However, trust me on this, the federal judges understand it because they’ve read the Constitution, most of them anyway. Debtors’ prisons are illegal. Ever heard of the Equal Protection Clause?”
Snowden’s mouth was open but words failed him.
She pressed on. “Didn’t think so. Maybe your lawyers can explain it, at three hundred bucks an hour. I’m telling you so you can tell your bosses that I’ll keep you in court for the next two years. I’ll drown you in paperwork. I’ll drag your asses through hours of depositions and discover all your dirty little tricks. It’ll all come out. I’ll hound you into the ground and make your lives miserable. You’ll have nightmares about me. And in the end I’ll win the case, plus I’ll collect attorneys’ fees.” She pushed the lawsuit into his chest and he reluctantly took it.
They wheeled about and marched away, leaving Snowden weak-kneed and shell-shocked and already having glimpses of the nightmares. Samantha, stunned in her own way, whispered, “Can’t we bankrupt the $300?”
Suddenly composed, Mattie said with a grin, “Of course we can. And we will.”
Thirty minutes later, Mattie stood before the judge and announced they had reached a deal for the immediate release of her client, Mr. Stocky Purvis. Lady was in tears as she left the courthouse and headed for the jail.
Driving back to Brady, Mattie said, “A license to practice law is a powerful tool, Samantha, when it’s used to help little people. Crooks like Snowden are accustomed to bullying folks who can’t afford representation. But you get a good lawyer involved and the bullying stops immediately.”
“You’re a pretty good bully yourself.”
“I’ve had practice.”
“When did you prepare the lawsuit?”
“We keep them in inventory. The file is actually called ‘Dummy Lawsuits.’ Just plug in a different name, splash the words ‘Federal Court’ all over it, and they scatter like squirrels.”
Dummy lawsuits. Scattering like squirrels. Samantha wondered how many of her classmates at Columbia had been exposed to such legal tactics.
At two that afternoon, Samantha was sitting in the main courtroom of the Noland County Courthouse patting the knee of a terrified Phoebe Fanning. Her facial wounds had now turned dark blue and looked even worse. She had arrived at court with a thick layer of makeup, which Annette didn’t approve of. She instructed their client to go to the restroom and scrub it off.
Once again, Randy Fanning was driven over with his escort and entered the courtroom looking even rougher than he had two days earlier. He had been served a copy of the divorce and appeared perturbed by it. He glared at his wife, and at Samantha, as a deputy removed his handcuffs.
The Circuit Court judge was Jeb Battle, an eager youngster who looked no more than thirty. Since the legal aid clinic handled a lot of domestic work, Annette was a regular and claimed to get on well with His Honor. The judge called things to order and approved a few uncontested matters while they waited. When he called Fanning versus Fanning, Annette and Samantha moved with their client through the bar to a table near the bench. Randy Fanning walked to another table, with a deputy close by, and waited for Hump to waddle into place. Judge Battle looked closely at Phoebe, at her bruised face, and, without saying a word, made his decision.
He said, “This divorce was filed Monday. Have you been served a copy, Mr. Fanning? You may remain seated.”
“Yes sir, I have a copy.”
“Mr. Humphrey, I understand a bond will be set in the morning, is that right?”
“Yes sir.”
“We are here on a motion for a temporary restraining order. Phoebe Fanning is asking the court to order Randall Fanning to stay away from the couple’s residence, the couple’s three children, Phoebe herself, and anyone in her immediate family. Do you object to this, Mr. Humphrey?”
“Of course we do, Your Honor. This matter is getting blown way out of proportion.” Hump was on his feet, waving his hands dramatically, his voice getting twangier with each sentence. “The couple had a fight, and it’s not the first one, and not all fights have been caused by my client, but, yes, he was in a fight with his wife. Obviously, they are having problems, but they’re trying to work things out. If we could all just take a deep breath, get Randy out of jail and back to work, I feel sure these two can iron out some of their differences. My client misses his children and he really wants to go home.”
“She’s filed for divorce, Mr. Humphrey,” the judge said sternly. “Looks like she’s pretty serious about splitting up.”
“And divorces can be dismissed as quickly as they are filed, see it all the time, Your Honor. My client is even willing to go to one of those marriage counselors if that’ll make her happy.”
Annette interrupted: “Judge, we’re far beyond counseling. Mr. Humphrey’s client is facing a malicious wounding charge, and possibly jail time. He’s hoping all of this will simply go away and his client walks free. That will not happen. This divorce will not be dismissed.”
Judge Battle asked, “Who owns the house?”
Annette replied, “A landlord. They’re renting.”
“And where are the children?”
“They’re away, out of town, in a safe place.”
Other than a few pieces of mismatched furniture, the house was already empty. Phoebe had moved most of their belongings to a storage unit. She was hiding in a motel in Grundy, Virginia, an hour away. Through an emergency fund, the legal clinic was paying for her room and meals. Her plans were to move to Kentucky and live near a relative, but nothing was certain.
Judge Battle looked directly at Randy Fanning and said, “Mr. Fanning, I’m granting the relief asked for in this motion, word for word. When you get out of jail, you are not to have any contact with your wife, your own children, or anyone in your wife’s immediate family. Until further orders, you are not to go near the home you and your wife are renting. No contact. Just stay away, understood?”
Randy leaned over and whispered something to his lawyer. Hump said, “Judge, can he have an hour to get his clothes and things?”
“One hour. And I’ll send a deputy with him. Let me know when he’s released.”
Annette stood and said, “Your Honor, my client feels threatened and frightened. When we left court on Monday, we were confronted on the front steps of the courthouse by Mr. Fanning’s brother Tony and a couple of other tough guys. My client was told to dismiss the criminal charges, or else. It was a brief altercation, but unsettling nonetheless.”
Judge Battle again glared at Randy Fanning, and asked, “This true?”
Randy said, “I don’t know, Judge, I wasn’t there.”
“Was your brother?”
“Maybe. If she says so.”
“I take a dim view of intimidation, Mr. Fanning. I suggest you have a chat with your brother and get him in line. Otherwise, I’ll call in the sheriff.”
“Thank you, Your Honor,” Annette said.
Randy was handcuffed and led away, Hump following along whispering that things were going to be okay. Judge Battle tapped his gavel and called for a recess. Samantha, Annette, and Phoebe left the courtroom and stepped outside, half expecting more trouble.
Tony Fanning and a friend were waiting behind a pickup truck parked on Main Street. They saw the ladies and began walking toward them, both smoking and looking tough. “Oh boy,” Annette said under her breath. “He doesn’t scare me,” Phoebe said. The two men blocked the sidewalk, but just as Tony was about to speak, Donovan Gray appeared from nowhere and said loudly, “Well, ladies, how did it go?”
Tony and his buddy lost every ounce of badness they’d had only seconds earlier. They backed away, avoiding eye contact, and wanting no part of Donovan. “Excuse us, fellas,” Donovan said in an effort to provoke them. As he walked by, his eyes flashed at Tony, who held the glare for only a second before looking away.
After three straight dinners with Annette and her kids, Samantha begged off, saying she needed to study and retire early. She fixed a bowl of soup on a hot plate, spent another hour on the seminar materials, and put them aside. It was hard to imagine running a general practice on Main Street and trying to survive on no-fault divorces and real estate closings. Annette had said more than once that most of the lawyers in Brady were just scratching out livelihoods and trying to net $30,000 a year. Her salary was $40,000, same as Mattie’s. Annette had laughed when she said, “It’s probably the only place in the country where the legal aid lawyers make more than the average private practitioner.” She said Donovan made far more than anyone else, but then he took greater risks.
He was also the biggest contributor to the clinic, where all funding was private. There was some foundation money, and a few big law firms from “up north” kicked in generously, but Mattie still struggled to raise the $200,000 annual goal. Annette said, “We’d love to pay you something, but the money’s just not here.” Samantha assured her she was content with the arrangement.
Her Internet connection was through Annette’s satellite system, perhaps the slowest in North America. “It takes patience,” she had said. Luckily, patience was plentiful these days as Samantha found herself happily settling into a routine that included quiet nights and plenty of sleep. She went online to check the local newspapers, the Times out of Roanoke and the Gazette out of Charleston, West Virginia. In the Gazette she found an interesting story under the headline “Ecoterrorists Suspected in Latest Spree.”
For the past two years, a gang had been attacking heavy equipment in several strip mines in southern West Virginia. A spokesman for a coal company referred to them as “ecoterrorists” and threatened all manner of reprisals if and when they were caught. Their favorite method of destruction was to wait until predawn hours and fire away from the safety of surrounding hills. They were excellent snipers, used the latest military rifles, and were proving quite efficient in disabling the hundred-ton off-road coal-mining trucks built by Caterpillar. Their rubber tires were fifteen feet in circumference, weighed a thousand pounds, and sold for $18,000 apiece. Each mining truck had six tires, and evidently these were easy targets for the snipers. There was a photo of a dozen yellow trucks, all idle and lined up neatly in an impressive show of muscle. A foreman was pointing to the flat tires—twenty-eight of them. He said a night watchman was startled at 3:40 a.m. when the assault began. In a perfectly coordinated attack, the bullets began hitting the tires, which exploded like small bombs. He wisely took cover in a ditch while calling the sheriff. By the time law enforcement arrived, the snipers had had their fun and were long gone. The sheriff said he was hard at work on the case but conceded it would be difficult to track down the “thugs.” The site, known as the Bull Forge Mine, was next to Winnow Mountain and Helley’s Bluff, both over three thousand feet in height and thick with untouched hardwoods. From deep in those forests, it was easy to hide and easy to fire at trucks, day or night. However, the sheriff said that in his opinion these were not just a bunch of guys with deer rifles having some fun. From wherever they were hiding, they were hitting targets a thousand yards away. The bullets found in some of the tires were 51-millimeter military-style slugs, obviously fired from sophisticated sniper rifles.
The story recapped recent attacks. The ecoterrorists picked their targets carefully, and since there was no shortage of strip mines on the map, they seemed to wait patiently until the mining trucks were parked in just the right places. It was noted that the snipers seemed to be concerned with avoiding injury to others. They had yet to fire upon a vehicle that wasn’t parked, and many of the mines worked twenty-four hours a day. Six weeks earlier, at the Red Valley site in Martin County, twenty-two tires had been ruined in a barrage that seemed to last only seconds, according to another night watchman. As of now, four coal companies were offering rewards totaling $200,000.
There was no link to the Bullington Mine attack two years earlier, where, in the most brazen act of sabotage in decades, explosives from the company’s own warehouse were used to damage six dump trucks, two draglines, two track loaders, a temporary office building, and the warehouse itself. Damages exceeded $5 million. No suspects had been arrested; none existed.
Samantha dug through the newspaper’s archives, and found herself cheering for the ecoterrorists. Later, as she began to doze off, she reluctantly pulled up the New York Times. Except for a rare Sunday morning, back in her New York days, she seldom did more than scan it. Now, avoiding the Business section, she zipped through it but stopped cold in the Dining section. The food critic was trashing a new restaurant in Tribeca, a hot spot she had been to a month earlier. There was a photo of the bar scene, with young professionals stacked two deep, sipping and smiling and waiting for their tables. She remembered the food as excellent and soon lost interest in the reviewer’s complaints. Instead, she stared at the photo. She could hear the din of the crowd; she could feel the frenetic energy. How good would a martini taste right now? And a two-hour dinner with friends, all the while keeping an eye out for cute guys?
For the first time she felt a bit homesick, but soon brushed it off. She could leave tomorrow if she wanted to. She could certainly earn more money back in the city than she was making in Brady. If she wanted to leave, there was nothing to hold her back.