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A Miracle in Rhinestones

A Miracle in Rhinestones

Years ago, I met a boy who never once told me the truth but had the heart of a saint.

Back in August 1968, outside of Cheyenne, Wyoming, I was hitchhiking east when a state trooper pulled up next to me. He told me that he was going down the highway for 15 minutes, then turning around, and if I wasn’t gone by the time he came back he was going to lock me up in Cheyenne “until I got a court date.“

This was serious.

As the officer’s taillights disappeared down Interstate 80, I turned around to face the empty road and stuck out my thumb.

I needed a miracle.

As the first car approached, I knelt by the side of the roadway with my hands pressed together simulating prayer.

That car, an old white Ford convertible, was driven by a boy who appeared to be in his mid-20s. He wore a huge cowboy hat, and rhinestones from his shirt collar to his new boots. The boy pulled over and waved for me to get in.

As I thanked him and started to explain my predicament, he laughed and waved off any further conversation. He told me not to worry because he would be driving all night to see his father in Fort Dodge, Iowa.

First car? This guy? It was a miracle… but it gets better.

Next, he asked me if I was hungry. I laughed and nodded yes, and he reached under his seat to hand me a can of peaches, a can opener, and a plastic fork.

He was clearly showing off. You could tell by the grand gestures of his performance and his broad grin. He was having fun.

After I finished the peaches and drained the can of its last sweet syrup, I settled into the ride as he started to talk. He told me that he had been a foreman for the last several years at a ranch, and the night before in Reno, he had girls in the front and back seats of this very car because he had won money in the slots.

As we drove deeper into the night he told me that before he had been a cowboy he had been a soldier of fortune, and had parachuted into Nicaragua as an agent for the CIA.

His stories were endless and detailed, full of life and love and compassion for those he had worked with, and for the women he had been fortunate to love, as well as those who had broken his heart but had been kind enough to have loved him back for a while.

He was a natural storyteller and the more we relaxed together and talked, the more I liked him for his joy.

Slightly before dawn, when we turned off the Interstate and headed up toward Fort Dodge, he offered a surprising apology: “My old man never amounted to much. He was a postal worker. He drank himself out of the job but he’s always been there for me. He is sick now. I never knew my mom. She left him, but my father, he always has been there for me.”

As the light brought color into the outskirts of Fort Dodge, we turned onto a street of freestanding houses in an empty neighborhood with untended lawns, litter on the streets, and an occasional abandoned car.

The door to his father’s house was open and the window next to the front door was broken. As we entered, I looked to the right. There was a kitchen with a table and two chairs. To the left was a living room with no furniture. Straight ahead was a staircase with a simple railing and some of the slats missing, which led to a second floor. There were crushed beer cans on the floor and heaping ashtrays on the countertop by the sink.

The boy headed upstairs to go wake up his father. Moments later, there was some heavy coughing from upstairs and muffled voices. There was the sound of crying, raised voices, but also laughter.

After several minutes, an old man slowly navigated the steps and stopped to catch his breath when he reach the bottom step.

The old man apologized for the state of the house and immediately went the the old ice box. He got three beers and proceeded to handed them out. Apparently, these were breakfast beers.

Oddly, the whole house seemed to be filled with love and I felt welcome.

As the sun came up, the two were lost in each other’s company, and so I timidly asked if I might be allowed to take a shower since I had been on the road for several days. The old man responded “Sure!” He lit a cigarette and pointed at a wash tub leaning against the kitchen wall. He told me to fill it with hot water from the sink and handed me a big jug of dish washing detergent.

I felt that I could not refuse the kindness. I filled the tub with warm water and detergent, stripped naked, and started to take a bath. The boy and his father paid no attention as they laughed and talked and smoked.

Almost immediately the police arrived, knocked on the unlocked door, then entered. They arrested the boy, put him in handcuffs and shoved him through the door toward the squad car out front. The old man burst into tears. With a beer still in hand, he begged them to release his son as the officers pushed the boy down the walkway and put him in the back seat. The officers never spoke to the pleading old man except to say. ”If you touch me, I will take you in too.”

During the entire arrest the police paid no attention to me at all as I sat naked in a wash tub and tried to surround myself with heaps of bubbles.

When the old man returned from the street, he explained through his tears that a week ago his son had finally been released on parole from a Kansas prison. He had been thrown out of school several years before, and had been convicted as an adult for smoking marijuana near the school yard. He wasn’t a bad kid. Just a free spirit from the wrong side of town.

His father had gotten the old convertible for him and told him he could never outlive his past in Kansas. He told him to go west and “disappear” and never come back again.

The boy had initially agreed, but he had told his father upstairs that he had become homesick for the old man and he was afraid he would die and the boy would never see his father again.

Everything the boy had told me for the last 12 hours riding through the night was a lie, and also a life he would never have the chance to live.

The old man said he and his son had talked every week during the boy’s incarceration and the boy had told him he read all the books and magazines and newspapers he could find in prison.

After the old man had fortified his courage with a few more beers, he marched out the front door and headed toward the police station, which was apparently several miles away.

Alone in the empty house, I dried off with paper towels, slept a little on the living room floor, then in mid afternoon, hitchhiked to a postal delivery hub. I got a ride from a man driving a Mail truck headed east toward Chicago. He told me he’d gotten married the day before, and had been up all night. When the driver started to hallucinate dogs running across the Interstate, I volunteered to drive so he could sleep. We switched seats without stopping.

As dawn arrived, with the sleeping driver by my side, I thought about the boy and wondered why he would lie to me all night about a life he never lived, then take me to his home where his lies surely would be revealed.

Maybe it was to show he had a kind heart and a moral code, despite his life. Maybe he just gave up and didn’t care. As the sun was coming up in the cab of that mail truck, I realized that I had never asked his name, nor had he asked me mine.

Years later, it occurred to me that no matter how hard I might try, I would never be able find that boy again.

I still think of him often. He was one of the kindest people I have ever met. He has appeared in my poems and plays as a reminder that we really are what we do, not what we say.

Forever Young

Forever Young

It is funny how a stranger’s aging face will never reveal the face of its youth. However…

A little less than a month ago, I went to a beautiful warm sun-drenched October wedding on the edge of a calm harbor in New Bedford, Massachusetts.

On the lawn, an hour or so before the wedding began, a small group of old men slowly gathered and greeted each other. Some had not seen each other for almost 50 years.

We had become friends long ago during high school, as a diaspora loosely formed by outcasts of various different New England schools. We had all been transferred or expelled from someplace, in several cases more than once, because of undiagnosed learning issues and/or an intransigent attitude, and thus had been prematurely released upon the world to get our education on our own terms with far less supervision.

No harm done. Most of us survived and had lived interesting lives of our own making and all of us had stories of our adventures along the way as we talked out on the lawn during that evening, or later on the phone. Nonetheless, we had bonded quite profoundly from our common experiences back then, and these stories and adventures defined who we believed we were.

As we told the stories about each other, the mask of old age dropped from our faces.

There was one friend who was not present as we rekindled old friendships and plowed through our memories.

The bride’s father had included in the program an “In Memorium” section that included those who had been lost along the way. One of our lost friends, let’s call him Brad, had been the bride’s godfather before his death.

Brad had been lost at sea years ago.

I didn’t know him as well as some of the others but I remembered, early one spring day, going down to the boatyard he used on Cape Cod, and watching him paint the waterline high on his boat to cover the approximately 2 1/2 tons of contraband that he expected to be bringing back from Jamaica a little later that year.

It was his custom to avoid returning by the Windward passage where he might be apprehended and instead sail far out into the Atlantic, then head north for an extended run, and then hug the shore as he traveled south back along the coastline in order to appear to be a tourist sailing down to the Cape from Maine.

He was a brilliant unflappable sailor.

One of his friends remembered how he had sailed back with him from Morocco, along with contraband, when Brad’s 37-foot deep keeled boat suffered debilitating electrical equipment failure. Brad then navigated without the aid of instruments, solely with a sextant, and expertly traveled down to the edge of the equator. As the sun came up one morning along the expansive horizon, he had watched “a thousand little squalls, each with rainbows beneath them in the sunrise” as Brad had navigated cross the Atlantic and hit his target, Antigua, perfectly.

Once freed from formal education, Brad was largely self schooled, but was well read in history, loved the Sherlock Holmes stories, and Shakespeare.

He was a wonderful and engaging companion. However, his freedom had not made him a saint. He indulged his ”weaknesses,” as he put it, sometimes at the expense of others as he enjoyed his world.

Early on, one of this group, who had become a lawyer, had been called upon to bail him out of a Jamaican jail where he had been held for some time.

He joked that he had been instructed to bring a little extra money to ensure his extradition, a fresh dry-cleaned white shirt folded on a cardboard back the way he liked it, and pressed pants, because within a half hour of his release they would both be drinking Remi Martin at a Jamaican bar.

We all knew Brad would not always be so lucky. He spent almost three years in Fox Hill prison in Nassau, and a year and a half imprisoned in Morocco, but it was the independence in him that we chose to remember.

No one knows for sure how he died.

He always had enemies in the trade, but he had also made good money doing commercial fishing off the New England coast. He disappeared offshore in the Atlantic during a squall off Cape Cod.

Nothing was ever found of him or his boat.

All the sailors in the conversation agreed that to leave no flotsam or jetsam behind was highly unusual.

The conversation turned from a general discussion of the squall to jokes about how improbable it was that the squall was really his cause of death.

Someone chimed in about how Brad had one time taken his boat to ride out a hurricane off Florida because being tied up at a dock would be more risky. However, when he had returned afterward, there were footprints on the ceiling of the cabin because his boat had rolled completely over during the storm.

Another friend suggested it was more likely that Brad had been hit by a freighter on the commercial trade routes that never saw him. Others who knew him well believed it was a settlement of old scores by others, and he had died with an anchor around his neck and his boat had been dragged back, repainted, and was now repurposed somewhere on the inland waterways, probably down south.

“No,” one of them chimed in. “He’s alive in Hawaii free of his enemies and debts.” One friend laughed as he peeled off toward the bar. “If he was alive, he would be here. He is the bride’s godfather. Remember how he had come to her high school graduation in a white suit? He took this stuff seriously!”

It is funny how old bonds of real friendship never break and how, when you see an old friend’s face, the young face can be reconstructed from a familiar smile or a remembered look. It is both a resurrection from the past and rebirth into the future.

Brad is still forever young for us even now, 50 years later, as we are for each other.

There Will Be At Least One Lawyer in Heaven

There Will Be At Least One Lawyer in Heaven

There is only one lawyer I know who will go to heaven — Mike Millemann. He recently wrote a law review article about a theater class aimed at teaching law students how to be better lawyers, which we taught together several years ago at The Carey School of Law at University of Maryland. The class was both bizarre and beautiful.

The students were tentative at first but, by the end, definitely loved it. In almost every case, the students were amazed by a third dimension this class offered to their law school education: compassion as it is embodied by our professional responsibility.

One of the students commented:

“Ten years from now, I am certain that when I am asked to share my most eye-opening class in law school, I will mention this class. It has been a learning experience that no other law school class that I have taken can come close to in comparison.”

The model for the class came from the stories of African American males incarcerated and serving life sentences in Maryland, who were later exonerated because they were determined to be completely innocent.

At the first class, one of these innocent men who had spent most of his life incarcerated under a life sentence, was introduced to the class. He quietly answered the student’s questions, remarkably without anger.

Each of these men had been through hell and had escaped it unexpectedly, and they shared that experience.

Throughout the writing and performing process, the students learned in a way that is completely different than the traditional law school education.

After going through trial transcripts, appellate briefs, the underlying facts and the law of each case, the students wrote a play. They collaborated, they wrote the roles of corrupt prosecutors under public pressure and eager for a conviction and incompetent defense lawyers who took $300 from the family of the defendant and provided only half-day trials in capital cases without prior research or exonerating witnesses. But also, the students wrote the story of the diminished hope and desperation of family members who were in shock by the verdict, and who over time grew despondent about American justice.

And then the students lived the roles which they created as they performed their play before a live audience.

In one case, Michael Austin, who had been recently released and had taught himself music during his incarceration, stayed with us throughout the class and was asked to join a class member at the side of the stage to add musical accompaniment.

In the last scene, the governor of Maryland announced publicly that Michael Austin was to be released. On stage, the student playing Michael Austin was asked: “Are you angry about what has happened to you?”

To the extreme surprise of the audience, Austin, barely noticed previously, took center stage and announced: “I am Michael Austin and I am thankful for the lawyers who accomplished my release and for the efforts of this class and this law school for telling my story.” From the surprise, came tears in the audience.

But more importantly, the class had learned what law school doesn’t teach: that a lawyer, when he or she takes the oath required to be licensed, has a greater responsibility to the society than almost everyone else. The oath is not a license to make money. It is a responsibility to “protect the Constitution” and the democracy in which we live.

The brilliant Elliot Rauh, a founding member of Single Carrot Theatre and I worked together on this class, but the suggestion and support for the project came from Professor Michael Millemann. He is going to heaven for his lifetime commitment to public justice and the unfairly incarcerated, and for this class.

Professor Michael Millemann’s article has already been accepted by one law review for publication and others are expected to express interest. When it is published, I will post where it can be read.

Featured in the photo: Michael Millemann, Michael Austin, Robert Bowie, Jr.

There Will Be At Least One Lawyer in Heaven

Teaching Law Through Playwriting

Several years ago Professor Mike Millemann, on the left, contacted me to see if I wanted to help him fulfill a grant made to the University of Maryland Cary School of Law to teach law differently by using the theater.

We signed up Elliot Rauh, of Single Carrot Theatre and decided the class should write plays about prisoners who had been released from prison after they had been determined to be absolutely innocent after years of incarceration. One of those plays was about Michael Austin, at the center, who was imprisoned in Maryland for over 27 years for a murder he did not commit. He was freed through the brilliant legal work of Larry Nathans, Esq., of Nathans & Biddle.

Last week we got together again at Lexington Market in downtown Baltimore as a reunion of old friends to help Michael because Michael had just found out that due to a typo in his arrest record he was never exonerated and that has kept him from getting work. This will be resolved but the reunion between friends nonetheless was wonderful.

In Michael’s case, and in most of the cases that we turned into plays, the process was remarkably similar. On the first day of class we brought Michael in to meet the class and answer questions. He was calm, collected, and despite the injustice of his incarceration not angry but very wise. In prison he had perfected himself and along the way he had become quite a remarkable musician.

Throughout the following weeks of the semester, the first third of the class was used to do deep research on what went wrong and what led to his conviction. The class went through trial transcripts, records of an incompetent defense lawyer, and files of prosecutors that withheld evidence and a transcript recording of the judge that sentenced an innocent man to life in prison.

The second third of the class the students wrote the backstory, and in the third and final part of the class, Elliot Rauh taught acting and turned inexperienced law students into the actors of their own play which was performed before the law school.

Michael stayed with the class from the beginning. One of the students said that he should provide music for the play and he agreed. Another one of the students suggested that at the end of the play, Michael should leave his instruments behind and identify himself as the Michael Austin about whom the play was written. The audience gasped and some wept.

At first I thought this class might have limited value so we asked that the students provide a one minute clip to the people who had provided us the grant to state whether they thought the grant money had been used appropriately. I became convinced when one student faced the camera and said “I wrote the part of a defense lawyer who was unprepared, acted the part of the prosecutor who withheld the time card that would have exonerated him, and read the exact words 30 years ago when an innocent man was pronounced guilty by a state court judge in the circuit court of Baltimore city and sentenced to life and I have never been in a courtroom.”

At that point we were convinced that the class worked. People were learning from mistakes made before they were fatal. We taught the class for seven years and it was ranked as one of the most appreciated classes at the law school during that time.