My father, my mother, my sister and I were living in the House in Kilgore. While the others were away, my sister and I decided to have sex together. While nude, I rose and walked into the room where she was. Through the open mini blinds in the room I could see a girl using a phone in the house across the street. I was sure the girl was looking at my sister and me, and after I had walked over and shut the mini blinds, I began to worry about having been seen nude.
I went to my sister and she and I had oral sex together. She was one of the best sexual partners I had ever had. Sex with her was extremely pleasurable; I thought she must be the best lover in the world for me.
Once finished with sex, we decided to go into town together. Even though I still didn't have on all my clothes, we both boarded my 1984 Volkswagen Rabbit and she began driving. Finally I put on all my clothes.
I had recently bought about an ounce of marijuana which I had in the car with me. I looked for the marijuana amidst the clutter of junk in the back seat, but I couldn't find it.
After riding into town, we went shopping for a while at a shopping center. Finally my sister and I returned to the car; she got in on the driver's side and I on the passenger side. We talked about having sex. Since we hadn't been having sexual intercourse, but only oral sex, I told her I would like to actually have intercourse with her. She seemed to want to. I told her the only reason we hadn't had intercourse was because I was afraid she would get pregnant. She was afraid of the same thing. I told her if I would get a condom, we could have sexual intercourse. She agreed. Finally I took off all my clothes.
I then happened to notice getting into the car next to ours the same girl whom I had seen earlier through the mini blinds, and I remembered having been afraid that she had seen my sister and me nude. I climbed into the back seat and tried to lay down so the girl wouldn't see me.
About the same time, I noticed a policeman coming toward our car, and I managed to put my clothes back on before he reached us. He seemed to think something suspicious was going on and he wanted to search the car. When I said nothing, he began searching the car and went all through it without finding anything. He was just about to leave when another policeman walked up and wanted to search the car. The second policeman walked to the rear and began searching the trunk. He was just about finished when he said, "Ah, ha."
After pulling out a baggie of about an ounce of marijuana, he walked around to the side of the car. I knew then that my sister and I were definitely in trouble. The policeman began spilling some of the marijuana on the ground, into the car, and even onto me.
Meanwhile, after five or six other policemen wearing suits walked up, the girl in the car next to ours began telling the officers that she thought my sister and I had been having sex together. I didn't know whether the girl knew that my sister and I were brother and sister. I was bothered because I was afraid all this was going to get back to my father and my mother.
My sister became frightened and after she got out of the car, the policemen began questioning her. After putting on my blue pin-stripped suit, I also got out of the car, walked up to the policemen and said, "OK, I'm an attorney. And the officer that searched the car did not have a search warrant. And therefore it was an illegal search."
I turned to one of the officers wearing a suit and asked, "Are you the attorney for the state."
After he said he was, I pulled my Texas Bar Card out of my billfold to prove that I was actually a lawyer, flashed it around and then handed it to him to look at. I began explaining to him why the search was illegal, but he ignored me and spoke with the other policemen. Among them was the policeman who had actually searched the car; he was particularly unfriendly.
I became angry and continued explaining how the search was illegal. I protested that they might lie about the search and say it had been conducted legally. I said something about their all being "bastards," but I reflected that that might not have been the appropriate thing to say at the moment.
That made me recall a recent conversation I had had with my old friend Stephen Buckner. We had been talking about once when we had been arrested together in New Boston. Buckner had said that I had acted very angry with the police, but the arrest had been so long ago, I hadn't been able to remember it.
My sister walked up to me and said, "I think maybe now's the time for us to call Terrell."
She was referring to Terrell (a lawyer who officed in the Waco Law Office) and the fact that he might be able to help us as a lawyer. I said, "No, I think I can handle this situation myself."
A couple young policemen walked up and began doing something to my feet. I finally realized they were putting cuffs on my feet. I also noticed several jail inmates dressed in blue jail uniforms had been brought up in a sort of jail chain. The policeman putting the cuffs on me pushed me down on my knees – apparently so I wouldn't run away – and tightly fastened the cuffs. I said, "Look I just went through four years of law school to become an attorney here in Texas. You think I'm just going to take off running away because of some small offense like this."
Ignoring me, he continued tightening the cuffs. I said to him, "You really enjoy your work, don't you."
He laughed gruffly. I asked how much the bail was going to be and I became angry when no one would tell me. I hoped that since I was a lawyer, I would be able to sign a personal recognizance bond and not put up any cash.
As I was being led away, I saw my sister being led to a separate place. After the cuffs were on me, I noticed my feet didn't even touch the ground. I simply floated along above the ground. As we descended some steps, I simply I floated down them.
Finally we reached the police station and I was led into a small room, where I was left sitting alone. I took out a pencil and paper and began writing. I knew that possession of marijuana could be either a Class A or Class B misdemeanor offense, depending on the amount of marijuana involved. On the paper I wrote "Class A offense." I was beginning to prepare my defense.
When the young police officer in the next room said something, I answered, "I have done nothing wrong."
I really believed that. I didn't think possession of a drug should be a crime. He and I then began arguing about whether possessing the drug was wrong and whether society was wrong in imposing penalties for possession of the drug.
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