The Evil Inside

8. A Dozen Donuts

     As Max and Hugh walked into John's room, the patient was awake and reading a newspaper. As both men took a seat, Max looked at his client with curiosity.

     "You remember how to read?" Max asked.

     "A little," John confessed. "On occasion I come across some big words that I don't understand. It's getting better at it but it can be frustrating sometimes."

     "I can only imagine." Max said, as he waited for Hugh to come in a take a seat. "John, this is a close friend of mine. His name is Hugh Kessel, and I've asked him to consult with me on this case. He used to be an attorney, and I respect his opinion a great deal."

     "Then so do I," John said as he extended his hand. "Pleased to meet you Mr. Kessel."

     Hugh paused for a moment and then stepped forward and shook John's hand. "I hear you're in the middle of a real legal quagmire, Mr. Doe. Something a lot of us have never dealt with before."

     "That's an understatement." John confirmed. He then looked over at the box that Hugh brought with him. "What's that?"

     "Oh, this?" Hugh said, as he gestured at a box. "I brought some donuts in a shop down the street. I thought you guys might be a little peckish. Would you like one, John?"

     "I guess," John said, as Hugh handed him the box. Inside the small box were a dozen donuts, all various flavors. John took a look inside the box and then back up at the two men watching.

     "Are you alright?" Max asked him.

     "You don't like them?" Hugh asked.

     John sat there looking at them. "I can't remember. I don't even know if I like any of these."

     John closed the box and handed it back to Max.

     "They don't look that appealing," John said, laying back on his bed. He didn't seem remotely interested in the box. "Do you guys like them?"

     "I'm a sucker for powdered ones myself." Max admitted.

     "I'm on a diet," Hugh replied.

     "I'll wait for the nurse to bring my breakfast." John said, "But thanks for the gesture. It was very kind of you."

     Hugh took the box back from John and tossed it aside. He then opened one of the file folders he brought with him.

     "Let's talk business then," Hugh started, "What we need to realize is that this deal is pretty much a get out of jail free card. The district attorney's case is pretty weak to begin with because they can't identify Mr. Doe here. We could even have the entire case dismissed based on the grounds that you're not fit to stand trial."

     "How am I not fit?" John asked.

     "In order to be fit to stand trial, you have to be aware of the charges that are being placed against you." Max replied. "Because your mind is a blank slate, you do not have the ability to remember or understand what they're charging you with."

     "What difference does that make?" John asked.

     "A world of difference," Hugh answered, "Without any memory of the day in question, you cannot deny or confirm the events in question. This means you're also unable to present any kind of defense as well, and many consider that a denial of a fair trial."

     "I never though of it like that," John admitted.

     "Since you have no recollection at all," Max continued, "It's like you're a completely different person. It would almost be like charging an innocent person because you have no memory of anything. We have more than enough to file for a dismissal and we might get it."