Текст книги "The Fugitive"

Автор книги: John Grisham

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Текущая страница: 11 (всего у книги 11 страниц)

Chapter 24

The kitchen table was covered with paper plates, napkins, and cartons of chicken chow mein, sweet-and-sour shrimp, fried rice, wonton soup, and egg rolls, all from Theo’s favorite restaurant, the Dragon Lady. Ike used a fork and Theo wanted to, but his mother insisted he eat the food properly, with chopsticks. Judge, however, ate like a dog as he devoured two egg rolls.

Ike was saying, “Based on what I’ve heard, the medical examiner found nothing on the body of Myra Duffy that came from the leather golf gloves. No fragment, no thread, nothing. The theory is that Pete carefully wiped everything off with a towel or something before he left the scene. The left glove, the one he normally wore when playing, was older and well used, and they were able to isolate DNA from some sweat inside the glove. There was nothing from the right glove, probably because it was brand new. He put it on just to strangle her, then took it off.”

Mrs. Boone asked, “Does the DNA match Pete Duffy’s?”

“Of course it does, but why bother? With Bobby’s testimony, you have an eyewitness who explained it all to the jury.”

“So the medical examiner will not testify again?” Mr. Boone asked.

“Don’t know. He was in the courtroom today, and Hogan might put him on the stand tomorrow. I certainly would, just to be safe. His testimony would add some weight to Bobby’s.”

“How did Bobby do on the stand?” Mrs. Boone asked.

“Pretty amazing,” Ike said.

“Very believable,” Mr. Boone said.

“Theo?” she asked.

It wasn’t every day that Theo was asked to express his legal opinions to a group of adults, all of whom knew a ton about the law, so he swallowed hard and collected his words. “It seemed to take a few minutes for the jury to get used to the translation, and for me, too. Spanish comes across awfully fast, but then I guess every other language does when you don’t speak it.”

“I thought your Spanish was pretty good,” Ike interrupted.

“Not that good. I didn’t understand very much. But after a few questions, I got the hang of it. Maria, the translator, was very good. It was obvious that Mr. Hogan had practiced with her and Bobby. His questions were brief and to the point, and Bobby’s answers were also short, but truthful. I kept asking myself, ‘What does he gain by lying? Why wouldn’t the jury believe every word?’ And I think they did.”

“Oh, they did,” Mr. Boone said. “I watched their faces. They missed nothing and they believed it all. Pete Duffy is about to be convicted.”

“What happens tomorrow?” Theo asked.

“It’ll be ugly,” Ike said. “Clifford Nance will attack Bobby, just like he did in his opening statement. He’ll squawk about the illegal immigrant issue, and he’ll accuse Bobby of cutting a deal with the State: his testimony against Duffy in return for a promise not to deport. I’m afraid Bobby’s in for a rough day.”

Theo swallowed hard again and said, “I think I should be there.”

Both parents almost choked as each tried to speak first. “I’m afraid that won’t happen, Theo,” his mother said sharply. She was usually one step quicker.

“You missed school all day Monday and most of today,” his father said. “That’s enough.”

Theo knew there were times when it was okay to push a little, and there were other times when pushing only made matters worse. This was a good time to back off. He knew he couldn’t win. It was better to take defeat with some dignity.

As he got up from the table, he said, “Better hit the old homework.”

Both parents were watching him suspiciously, both ready to pounce if he dared to mention the trial again. As he and Judge left the kitchen, he said, barely audible, “I think I’m getting sick.”

At seven forty-five the following morning, Theo was eating breakfast and reading the local newspaper online. His father had already left. His mother was in the den reading the old-fashioned print version of the same newspaper.

The phone rang. Once, then twice. It never rang in the morning. Theo wasn’t about to answer but his mother said, “Theo, would you get that, please?”

Theo stepped to the phone, grabbed it, and said, “Boone residence.”

A familiar voice said, “Good morning, Theo. This is Judge Gantry. Can I speak to one of your parents?”

“Sure, Judge.” He almost added, “What in the world is going on?” but managed to bite his tongue. He said, “Mom, it’s for you.”

“Who is it?” she asked, and picked up in the den before he could answer. Theo bolted to the doorway to eavesdrop. He heard her say, “Well, good morning, Henry.” A pause. “Yes, yes.” A longer pause. “Well, Henry, I just don’t know. He’s missed so much school already this week, but...” A pause as she listened. Theo could feel his heart quicken. She said, “Well, yes, Henry, Theo makes very good grades and I’m sure he could catch up. But...” Another pause. “Well, if you put it like that, Henry, I guess it’s not a bad idea.” Theo was about to jump out of his skin. Then, “A coat and tie. Well, sure. Fine, Henry, thanks. I’ll tell him right now.” As she hung up, Theo scurried back to his chair, grabbed his spoon, and crammed in a mouthful of Cheerios.

Mrs. Boone walked into the kitchen, still wearing her bathrobe, but Theo ignored her. He was too busy staring at his laptop. She said, “That was Judge Gantry.”

No kidding, Mom. I just spoke to him.

“And he says he needs a law clerk today in court, says you were very important yesterday, and says you might be helpful today in dealing with Bobby.”

Theo managed to look up and say, “Gee, Mom, I don’t know. I have a pretty busy day at school.”

“He wants you there at eight fifteen, wearing a coat and tie, just like a real lawyer.”

Theo bolted for the stairs.

At eight fifteen, Theo followed Mrs. Hardy into Judge Gantry’s chambers. She said, “Here he is,” and turned around and left. He took a seat across the wide desk and waited for Judge Gantry to finish reading a document. He looked tired and grumpy. Finally, he said, “Good morning, Theo.”

“Good morning.”

“I thought you would want to be here today. It promises to be rather eventful, and since you’re the real reason we’re even having this trial, I thought you might enjoy watching it come to an end.”

“An end?”

“Yes, an end. Do you know what a law clerk does, Theo?”

“Sort of. I think they do research for judges and stuff like that.”

“That’s part of it. I use clerks from time to time, usually law students home for the summer. Often they’re more trouble than they’re worth, but occasionally I’ll get a good one. I like the ones who don’t say much but are good listeners and watch things closely in the courtroom.” He stood and stretched his back. Theo was afraid to speak.

Judge Gantry said, “I was here until almost midnight last night, Theo, meeting with the lawyers. A lot of stuff is happening, and I want your opinion.” He began pacing behind his desk, still stretching as if he had pulled a muscle somewhere. “You see, Theo, Myra Duffy has two sons, Will and Clark, two fine young men who are in college. I’m sure you’ve seen them in the courtroom. They’ve been here every day.”

“Yes, sir.”

“Their father was killed in a plane crash when they were young teenagers. After a few years, she married Pete Duffy, and Will and Clark got along well with their stepfather. Pete was good to them, provided for them, took them places, and has paid for their college. Of course they are bitter and broken over what happened to their mother, and they want him punished severely. But they have decided that they do not want Pete to get the death penalty. They think it’s too harsh, and they still have some feelings for the man, in spite of what he did. They’ve spent a lot of time with their aunt, Emily Green, Myra’s sister, and together they’ve made a family decision. No death penalty for Pete. Yesterday, after Bobby testified, and after it became pretty obvious that the jury is likely to find Pete guilty, they approached Jack Hogan and asked him to back off the death penalty. This puts Jack in a tough position. As the State’s prosecutor, he has the obligation to punish murderers to the fullest extent of the law, but Jack has never asked a jury to condemn a man to death. He also allows the family of the victim to have considerable input into the matter. Last night, Jack Hogan approached Clifford Nance and told him of the family’s decision. Hogan also offered a deal – a plea bargain. If Pete Duffy will admit to the murder, the State will suggest a sentence of life in prison, without the chance of parole. LWOP, as it’s known. Life without parole. I was notified, and we met here for several hours last night discussing the plea bargain. It means, of course, that Pete Duffy will eventually die in prison, but he won’t sit on death row waiting to be executed. It also means that this case will come to an end and the lawyers won’t be forced to spend the next fifteen years fighting through the appeals. As you probably know, capital murder verdicts drag on for years. Now, I have to either approve of the plea bargain, or not. What do you think about it?”

“Will Pete Duffy take the deal and plead guilty?” Theo asked.

“Don’t know yet. I suspect he had a very long night in jail. Clifford Nance is leaning in favor of the deal, and when we last spoke he had decided to recommend to Pete that he take it. Anything is better than living on death row waiting for an execution.”

“I like it, Judge,” Theo said. “When I think of the death penalty, I think of serial murderers and terrorists and drug dealers, really nasty people. I don’t think of men like Pete Duffy.”

“Murder is murder.”

“I guess, but Pete Duffy wouldn’t commit murder again, would he?”

“I doubt it. So you’re in favor of the plea bargain?”

“Yes, sir. I have some doubts about the death penalty anyway. With this deal, the man gets punished, the family is satisfied, and justice is done. I like it.”

“Okay. The lawyers will be here in a few minutes. I want you to take your seat over there and stay out of the way. Not a peep, okay?”

“Sure, but would a real law clerk have to hide in the corner?”

“So you want a seat at the table?”

“Sure.”

“Sorry. Just consider yourself lucky to be here.”

“Yes, sir. And thanks, Judge.”

Chapter 25

The air was heavy with tension as the lawyers filed into the room. Several glanced at Theo in the corner but no one seemed to care. There were far more important matters at the moment. They packed around the long table, opened their briefcases, pulled out papers and notepads, and settled into place. Judge Gantry took his seat at one end and the court reporter situated herself next to him. On one side was Jack Hogan and his gang of prosecutors. On the other was Clifford Nance and his defense team. Pete Duffy was not present.

Judge Gantry said, “Let’s go on the record,” and the court reporter began pressing keys.

“Mr. Nance, the offer on the table has not changed since midnight. Has Mr. Duffy made a decision?”

Clifford Nance looked as though he hadn’t slept in a week. He wore expensive suits and always looked the part of a successful trial lawyer, but now his tie was crooked, his shirt wrinkled. He said, “Your Honor, I met with my client at midnight, and again this morning at six a.m. He has finally agreed to plead guilty and take the deal.”

“Mr. Hogan, do you have the Plea Agreement?”

“Yes, Your Honor.” One of Hogan’s assistants produced a neat stack of papers and everyone got a copy. Hogan said, “It’s fairly straightforward, Your Honor.”

Theo had heard this before. In fact, his father claimed that when a lawyer says something is “fairly straightforward,” then you’d better look out. It’s actually pretty complicated.

The lawyers slowly read the agreement. It was only two pages long, and, in fact, fairly straightforward.

Judge Gantry said, “The defendant pleads guilty to one count of murder and gets a sentence of life without parole. He also pleads guilty to one count of escape and gets a sentence of two years, which will run concurrently with his life sentence.”

“That’s right, Your Honor,” Hogan said.

“I have decided to approve this Plea Agreement. Bring in the defendant.”

A deputy prosecutor stepped to the door, opened it, and nodded at someone in the reception area. A uniformed officer walked in, followed by Pete Duffy, who was followed by another officer. There were no handcuffs and no leg chains. Duffy was wearing his standard dark suit. Oddly, he seemed relaxed and managed to smile at Judge Gantry. As he was about to sit next to Clifford Nance, he glanced around the room and saw Theo. His smile vanished. His spine stiffened. He took a few steps toward the corner.

Theo knew Duffy wouldn’t hurt him, not at this point anyway, but his heart froze for a second. Duffy glared at him and said, “You found me, didn’t you? At the airport in Washington. It was you, wasn’t it?”

Theo wasn’t about to answer, but he returned the glare and didn’t blink.

“That’s enough,” Judge Gantry growled as an officer grabbed Duffy’s elbow. He led him back to the table where he sat next to Clifford Nance. Theo took a deep breath.

Judge Gantry said, “Mr. Duffy, I have here a two-page Plea Agreement that I want you to read carefully.”

Duffy didn’t reach for the document. Instead, he said, “I know what’s in it, Judge. I don’t need to read it. Mr. Nance has explained everything.”

“And you wish to plead guilty?”

“Yes, sir.”

“All right. In order to accept your guilty plea, I have to ask you a series of questions.”

Reading from a well-used manual, Judge Gantry began the questioning. First, he made sure Duffy knew what he was doing. Had he discussed all the issues with his lawyer? Yes. Was he satisfied with his lawyer’s advice? Yes. Did he have any complaints about his lawyer and the job he’d done? No. Did he understand that he would spend the rest of his life in prison? Yes. That by pleading guilty, he was giving up all rights to an appeal? Yes, he understood. That he could never change his mind after he signed the Plea Agreement? Yes. Judge Gantry inquired about his mental state. Was he taking medications? No. Anything that might cloud his judgment? No. Anything that might prevent him from making such an important decision? No.

This began to drag a bit, and Theo had a great idea. He slowly pulled his cell phone out of his pocket, and hiding it behind a leg while staring at the back of the judge’s head, sent a text to Ike: With Gantry now. Duffy pleading guilty!!

The reply came seconds later: I knew it.

Typical Ike. He thought he knew everything regardless of how much he really knew.

Theo was suddenly hit with the horrible thought that he had violated the trust Judge Gantry had placed in him. The judge would certainly want this little meeting to be kept quiet. This was a matter of the most serious nature.

Theo hurriedly sent another text: Keep it quiet, big mouth.

Ike replied: I’m in the courtroom. Everybody knows it.

That made Theo feel somewhat better. Secrets were hard to keep around the courthouse, anyway, and it was safe to assume the gossip was spreading like wildfire. He wisely decided to stick the phone back in his pocket.

When Judge Gantry finished his thorough questioning, he said, “Very well. I am satisfied that the defendant, Pete Duffy, is fully aware of what he is doing, has been properly advised by counsel, and is not being coerced in any way. Mr. Duffy, I hereby find you guilty of the murder of Myra Duffy, and I find you guilty of escape and evasion. All parties will now sign the Plea Agreement.”

As the judge spoke, Duffy sat back in his chair and glanced at Theo. Slowly, Duffy shook his head.

When the paperwork was finished, Judge Gantry stood and said, “Gentlemen, take your places in the courtroom, and I will address the jury.”

Mr. and Mrs. Boone were seated with Ike in the crowd, waiting. Everyone seemed to be talking at once, and the large, stately room buzzed in anticipation. When the lawyers appeared from the back, people took their seats. All eyes were on Pete Duffy as he walked to his chair, offering a fake smile along the way, as if things were just swell.

A bailiff stood and bellowed, “Order in the Court.” Things were instantly quiet and still.

Ike leaned over to Mrs. Boone and said, “I don’t see Theo.” She shrugged. Mr. Boone looked puzzled. The kid was nowhere to be seen.

The bailiff waited until everyone was nice and settled, then yelled, “All rise for the Court.” Everyone jumped to their feet as Judge Gantry stepped through the rear door, his long black robe flowing behind him. And right behind the robe was his young law clerk.

As Theo stepped onto the bench and saw the packed courtroom, with everyone standing because of tradition, and everyone staring up out of respect, he decided at that instant that perhaps being a judge wasn’t so bad after all. He told himself not to smile; things were far too important for that.

Judge Gantry lowered himself into his heavy, black chair, and said, “Please be seated.” As the crowd fell noisily back onto the benches, he pointed to an empty chair next to the bench and whispered, “Take a seat there, Theo.” Theo quickly sat down. His spot was just a few feet lower than the bench – more like a throne – and from there he could see every face in the courtroom. He winked at his mother but doubted she caught it. He gazed up at the packed balcony, and thought about all his buddies at school, toiling away in class. He noticed a few people staring at him, no doubt wondering “What’s that kid doing up there?”

Judge Gantry said, “Good morning. Please bring in the jury.”

A bailiff opened a door and the jury filed in for the last time. Theo looked at the defense table and realized Pete Duffy was glaring at him.

Too bad, Pete. You’re headed for a few decades in the slammer. And you’re lucky to get that.

When the jurors were in place, Judge Gantry addressed them: “Good morning, ladies and gentlemen. A few minutes ago, in my chambers, the defendant, Mr. Pete Duffy, pled guilty to murder.”

Every juror looked at Pete Duffy, who was studying his fingernails. A few gasps rumbled through the crowd.

Judge Gantry continued, “In a month or so he will be formally sentenced by this court to prison for the rest of his life, without the chance of ever being paroled. So, at this point this trial comes to an end. I want to thank you for your service, for performing your duties as citizens. Our judicial system depends upon the unselfish service of people like you who do not volunteer for jury duty, but give of your valuable time anyway. You have been a wonderful jury, alert, attentive, and willing to serve. Thank you. At this point, you are dismissed.”

All of the jurors were surprised, some looked confused, but all seemed suddenly eager to leave the courtroom.

The judge looked at Pete Duffy and said, “The defendant will remain in the custody of the Stratten County sheriff until further notified.” He tapped his gavel and said, “Court’s adjourned.”

As they were leaving the courtroom, Judge Gantry put his hand on Theo’s shoulder and said, “Nice work, Theo. Now get your butt back to school.”

Chapter 26

A week later, Theo was in his office, suffering through his homework, listening to raindrops on his window, thinking about how boring life had become since the Duffy trial ended, when his mother opened his door and said, “Theo, could you please join us in the conference room?”

“Sure, Mom.” The meeting had been scheduled, though Theo would have little to say. He walked to the conference room, said hello to Ike, and shook hands with Sheriff Mackintosh. Both of his parents were there, and the adults had been meeting for some time before Theo was called in.

The sheriff explained that, in his opinion, Theo was entitled to the entire reward of $100,000. It was Theo who had spotted Pete Duffy, not once but twice. It was Theo who had been quick enough to take a video. He had called in Ike, and so on. It was Theo who had been recruited by the FBI to track down Duffy.

Theo certainly agreed with all of this. His problem was that his parents were getting in the way.

Mr. Boone said, “Yes, Sheriff, we know all of this, and we are very proud of Theo. But, as we’ve said, Theo has no business with this kind of money. Now or later.”

Mrs. Boone added, “And he had some help. Ike dropped everything and went to Washington to help Theo. We think Ike should get some of the money.”

Ike wanted a fifty-fifty split with Theo, but he wouldn’t admit to this.

Mr. and Mrs. Boone had already suggested that half of the money should be given to Bobby Escobar, for obvious reasons. Without Bobby, there would have been no pressure on Pete Duffy to plead guilty. And, if anyone needed the money it was Bobby.

Mr. Boone suggested that $25,000 should be paid to Theo. The money would go into a trust account for college. Another $25,000 should be paid to Ike, in cash. And $50,000 should be given to Bobby, in another trust account to be handled by Mr. Boone. The money would be supervised by the court and spent wisely.

Theo didn’t understand everything about a trust account. What he did understand, though, was that the money was off-limits to him and would be controlled by his parents. In other words, he couldn’t touch it. He wasn’t thrilled with the way the money was being divided. He couldn’t get his hands on a dime. Bobby deserved something, but half?

However, Theo couldn’t bring himself to argue with his parents. He didn’t want to seem greedy, nor did he want to take anything away from Bobby.

Ike wasn’t too thrilled either, but $25,000 was more than he had a month ago. Two days earlier, in a meeting Theo had not been invited to, Ike had argued with his brother and Marcella over how to split the money. He wanted more for Theo and himself and less for Bobby. They would not yield.

The sheriff asked Ike, “Is this okay with you, Mr. Boone?”

“Sure,” Ike said. Whatever. He was tired of arguing.

“And you, Theo?” the sheriff asked.

“Sure,” Theo said, though he really didn’t have a vote.

On the narrow street behind the office, Omar Cheepe and Paco sat low in a four-wheel drive pickup. On the dashboard was a receiver with the speaker on. As they listened to the Boones and the sheriff, they shook their heads in disbelief.

“Now we know,” Omar said. “I suspected that kid all along, and Pete knew he and his crazy uncle were in the airport. Now we know.”

“But it’s too late, right?” Paco asked.

Omar smiled and said, “Paco, Paco. Haven’t you learned that it’s never too late for revenge?”