Max stood there in the judge's chambers with a puzzled look on his face, as what the judge had just told him was the last thing he expected to hear. How can someone be charged, much less arrested if they have no idea who that person is. How can guilt or innocence be established if they cannot even prove the man's identity. There were so many questions bouncing around in his brain, but Max chose to go with what he believed was clearly the most pressing one to ask.
"What do you mean you don't know?" Max asked, as he didn't think it was possible to get more confused than he already was.
"Almost two months ago, there was a traffic accident." The judge answered, passing a file folder to the young attorney. "One man was killed when his vehicle struck your client's car after running a red light."
"So what you're saying," Max started, "Is that my client didn't cause this accident?"
"He did not." The judge answered.
"Then why the hell am I here?" Max said, obviously frustrated by the case already.
"The charges come from what was discovered in the car," The FBI agent said as he stepped in.
"I'm sorry," Max said, looking up at the nicely dressed agent who was about a decade older than him. "But who the hell are you?"
"This is Special Agent Wilson," The judge answered, "He's a member of the FBI's behavior analysis unit."
"Pleasure to meet you," Agent Wilson said as he handed another file over to Max. "After your client was removed from his car and sent to hospital, we found two dead bodies in the trunk. Autopsies on both vics proved that they were already dead at least twenty-four hours before the accident."
Max looked at the photos and some of the key details stuck out for him. From the way the young girls were bound, the color of their hair and even their slender figures. He couldn't' believe what he was looking at. "Are you trying to tell me that..."
"Yes," The fed answered.
Max sat back in his seat and a deeply sighed, as there was a good chance his vacation just got cancelled: this was a case of capital murder. "I don't understand. You think my client killed these girls, but you don't know who he is?"
"That is the current conundrum in a nutshell." The judge confessed.
"We've ran his blood, his DNA, and fingerprints through every database we have access to." Wilson added, "And even a few other databases we had no business accessing, and still nothing came up. No priors, no record, just nothing."
"Have you interviewed my client?" Max asked, "Was he even read his rights?"
"He hasn't been formally charged yet." The judge answered.
"Why not?" Max demanded.
This is when the DA finally spoke up.
"We don't know who he is." Aaron simply said, "The suspect was in a coma all this time and only woke up two days ago."
Max paused and then grinned as he figured out what was going on. "He doesn't remember a damn thing, does he?"
"I'm afraid not," The judge confirmed, "Not even his own name."
"We've sent John Doe's photo to every law enforcement office that has a fax machine." Agent Wilson continued, "So far, we've had no response to any of our queries but there's were it gets even more complicated.
Agent Wilson then passed a new photo to Max. It was from the hospital the day John Doe arrived. His face was severely damaged and it was just a bloody mess.
"Holy crap," Max said, handing it back to Wilson as he was clearly revolted. "That's my client?"
"I'm afraid so," Wilson said, "The suspect's face was smashed into the steering wheel during the accident. His nose was obliterated and it took several procedures to reconstruct it. He also had orbital fractures and required many other procedures on other parts of his face. There's a good chance the suspect doesn't look anything like what he did prior to the accident."
"This is seriously messed up." Max said as he thought hard about the situation. "If this guy can't be identified, then how can he be tried?"
"There is precedence." The judge answered, "My dilemma is his amnesia. He doesn't remember doing anything."
"That's a problem in itself." Max said, as he closed the folder and placed it on the judge's desk. "The only thing linking him to the crime is the fact he was driving the car. That proves nothing."
"What?" the sheriff barked, clearly frustrated. Up until this point Max had forgotten he was even in the room.
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"What if my client had rented the car or even burrowed it from a friend?" Max suggested, "He might not have known what was back there. If I trace that car to a rental agency, then your entire case goes right out the damn window. Do you have an idea who owns the car?"
"We traced it back to Miami," Wilson said, "It was stolen from a neighborhood that was just blocks from where the two victims used to reside. That doesn't bode well for your client."
"All you have is my client in a stolen car." Max retorted, "What if the person he stole it from is your killer?"
"Now you're starting to see our predicament." The judge replied, "We have no idea what to do. Even if he is our killer, he doesn't remember anything, which means..."
"Which means he might not meet the state's requirements to competently stand trial," Max finished for him, "If he is truly a clean slate and remembers absolutely nothing, he's not responsible for his actions."
"I've heard enough of this bullshit." The sheriff said as he stormed out of the room.
DA Willis was the next to speak. "We were thinking the same thing. We have only asked simple questions, but your client has no idea what's going on, and we prefer to keep it that way."
"Hold on," Max said, as he sat up, "You haven't informed my client that he might be a murder suspect. Why not?"
"Mr. Sheppard," Wilson said as he wanted to speak next. "Do you have any idea how difficult it was to keep Ted Bundy incarcerated?"
"No, not really," Max honestly answered. He wasn't into serial killer lore and actually tried to avoid things that could be related to his line of work as much as possible when he wasn't at work.
"He was a nightmare," Wilson continued, "He made several attempts to escape when being transferred to court, and he was responsible for killing several of his fellow inmates. He was just as dangerous inside the system as he was outside. If John Doe doesn't remember any actions that he might have committed over the past several years, we have no intention of reminding him anytime soon. Right now this man is not a threat to anyone, and we prefer to keep him that way for the foreseeable future."
Max could understand what was going on. "How sure are you that this could be your man?"
"Well, the killings have stopped." Wilson answered. "Before the accident, we were finding anywhere from two to four bodies a month. Since the accident we've had a big, fat, goose egg."
"That can be dismissed as coincidence." Max retorted.
"We're not going to lie to you, Mr. Sheppard." The judge said, coming back into the conversation. "There is more than enough reasonable doubt for you to work with. We are well aware of that, which is why I'm sure the other side wants to avoid a trial."
"What are you looking for?" Max asked.
"We want you to speak to your client." Willis answered. "We are willing to offer him a deal. If he voluntarily admits himself into a metal facility of our choosing, we'll won't charge him with anything."
"What will happen to him if he agrees?" Max asked.
"He'll remain there until the doctors there sign him off as fit to reenter society." The judge answered. "We're offering him a chance to start over with a clean slate, literally."
"Wow," Max said as he couldn't believe what he was hearing. If this man truly was responsible for what they think he did, they were willing to cut him a lot of slack for being fortunate enough not to remember anything. "I'll have to speak with him first."
"Of course," Agent Wilson said, "We want you to deliver the offer to him but to avoid answering any questions that could trigger a memory. If he is who we think he is, we would prefer he remain in the state he's in for not only his safety, but for society's safety as well."
"Alright, I get where this is going." Max said as he straightened up in his chair. "You think you have your man but you're not sure you can secure a conviction with what you have, which is minuscule based one what I'm seeing. So, if you get this deal done, at least you'll have him out of the way just as a per-caution just in case he's the guy we're looking for. Have I got this right?"
"You nailed it precisely," The judge confirmed.
"Alright, when can I speak with my client?" Max asked.
"He's at the hospital," The judge answered. "You may speak to him anytime you like. We have guards at the door to make sure he isn't disturbed by anyone."
"Everything he tells me when we start talking is privilege." Max reminded everyone in the room. "From here on any information that I give back to you is only with my client's permission. Are we clear on this, gentlemen?"
"I believe we're all aware of that." Willis replied.
"I don't think you are," Max countered, as he shot a gaze over at the over-confident DA. "He could have total recall two months from now and if I'm the only one who knows it, I can't tell anyone about it unless he poses a threat to commit future crimes. I'm stretching my book as far as it will go, but I will not incriminate my client unless he poses an immediate threat to others. Are we clear?"
"As long as you follow the gag order, we are." The judge said as he realized how serious Max was.
"I get the gag order," Max said, remembering the photos of how the women were bound and gagged in the back of the car. If this man was who they thought he was, he new client might be the biggest serial killer since Jack the Ripper. "Last thing we need are lynch mobs and riots. I'd apply for a change of venue so fast you're fucking heads will spin."
"You wouldn't dare!" Willis said, surprised by his audacity.
"I just might," Max said, not exactly giving a shit about anyone's feeling at this particular moment.
"He can, and there's a good chance he might get it." The Judge conceded, which was the reason for the gag order too. "Mr. Sheppard, I am sure you will do what you think is right but be warned that this is a sticky situation and we're doing our best to be fair to all parties involved."
"I understand," Max said, hopping out of his chair. "Good day gentlemen. I'm going to speak with my client."
As the young attorney left the room, everyone else began to gabble between one another but Max wasn't too worried about what they were talking about. He was presented with a difficult case and while this might not be the long, overrunning case he feared it might be. Max still had to do his best to not break any ethical rules when trying to serve his client. At the moment the issue was not guilt or innocence but state of mind considering at the moment John Doe didn't have a fucking clue to what he may or may not have done.
Max had to go back to the office before he went to visit John. He had to consult a few law books just to make sure he wasn't breaking any laws after the conversation he just had. After that he was going to have to visit his mystery client, someone who could be completely innocent of the crimes the people in the judge's office assumed he did. Even if he did commit those crimes, he had no recollection about it now and probably couldn't hurt a fly. It was a sticky situation and the fact that it's sealed from the public created other issues. Max knew he had his work cut out and decided to get something a case like this badly needed: a second opinion.