Hardy 05 - Mercy Rule, The

by John Lescroart

  Pat Giotti, whose life revolved around her husband’s, made it a point to read as many of his cases as she could. She didn’t have a profession hadn’t worked since the earliest days of their marriage. She harbored a lingering fear that she and her husband might someday have nothing to talk about, so she kept up on the law as well as the trivia that each case provided.

  Giotti sat back, letting go of his wife’s hand as the waiter set their plates in front of them. ‘One thing I’m sure of,’ he said. ‘We haven’t heard the end of it, especially now they’re saying it might not be a suicide.’

  Pat Giotti put her fork down. ‘They haven’t done that, have they?’

  ‘If it’s not a suicide, it’s some kind of murder. And murder means it gets investigated.’

  ‘That may be the law, but they shouldn’t do that. They ought to just leave it alone.’

  He reached across the table and took her hand again. ‘Who can say how much pain he was in? And even if he was, what if he wanted to endure it for some reason? What if it wasn’t his decision to die just then, at that moment? That’s the issue.’

  That was her Mario, she thought, ever the judge. Always considering the issues, the law.

  ‘That’s why they want to find out who was there,’ he said.

  * * * * *

  Hardy figured out how much time he’d spent outdoors on this beautiful day. He’d walked through the fog near his house this morning at a little after seven — call it four minutes to get to where he’d parked the night before. Then he’d stood outside Graham’s house for a total of about two minutes, taking in the sunlight, birdsong, smell of blossoms, talking to Lanier. Thirty seconds walking back to his car at one-fifteen. Two minutes getting from the downtown garage to his office.

  Now it was seven forty-five and the sun was a recent memory, the dusk just settling on the buildings around the office. Hardy stood at his window overlooking Sutter Street, his tie undone, coat off, eyes burning. Between Graham Russo and Tryptech, he’d already put in a thirteen-hour day and in that time he’d spent all but eight and a half minutes indoors.

  The deposition with Terry Lowitz of the Port of Oakland had ended fifteen minutes ago. They’d had sandwiches brought up at five-thirty when it looked as though it was going to go on for another couple of hours. He’d called Frannie and told her he was going to be late. She was less than thrilled.

  Lowitz was a maintenance supervisor whose skills as a raconteur were, Hardy thought, woefully inadequate. It had taken Hardy three tries to get the guy to put his name on the record properly. Mr Lowitz was of the general opinion that the Port of Oakland had never in its history allowed one machine of any kind to run for an instant without being in perfect repair, especially the loading transoms.

  Over the course of five hours Hardy had brought up perhaps thirty examples of accidents at the Port, large or small, that might have been attributed to faulty equipment, but Mr Lowitz, when he answered intelligibly at all, had an alternate interpretation for every mishap. He was not going to lose his job by criticizing his employer. Ever.

  Hardy walked back to his desk and, without thinking, picked up one of the three darts that lay upon it and flung it at the dartboard across the room. A nanosecond after he released it, he remembered that he was theoretically in the middle of a record round and was shooting for the ‘3.’

  The dart hit smack in the middle of the ‘20,’ David Freeman appeared in his doorway with a bottle of wine and some glasses, and the telephone rang.

  He threw up his hands. ‘Life,’ he said, ‘it happens all at once.’

  Freeman would wait and the phone wouldn’t, so he grabbed at it. ‘Yo.’

  ‘Hardy. Abe.’

  ‘By God, I think it is. You sound just like yourself.’

  ‘It’s a disguise for people who think I’m somebody else.’

  ‘So what’s up? You’re going to say Graham Russo.’

  Freeman came over and put the glasses down on Hardy’s desk, then lifted a haunch onto the corner of it.

  Over the phone Hardy heard his prediction come true. ‘I’m calling about Graham Russo.’

  ‘I’m listening.’

  ‘This is a courtesy call. You must have impressed Lanier and Evans with your manners. I asked them if they minded if I call you and they said no.’

  ‘They’re really quite perceptive individuals,’ Hardy said, ‘for police persons. So what about Graham?’

  Glitsky told him.

  * * * * *

  Freeman repeated it, making sure he’d heard it right. ‘Fifty thousand dollars in wrapped bills? Four complete sets of early-fifties baseball cards?’

  ‘That’s it.’

  The old man drank off most of his glass of red wine. Hardy noticed the world outside his window, that night had completely fallen.

  He looked at his watch. Eight-fourteen. He had to stop now, call it a day, get home. He’d get a call later if Graham got booked tonight, and he’d have to come down to the jail. He didn’t feel he would survive without a little time off.

  David Freeman, on the other hand, had no family or consuming interests outside of the law. He had lived this way for all of his adult life and now, after his own full day in court, he was settling down with a newly filled glass, enthralled with the details of yet another case. It never ended for Freeman — he never wanted it to. ‘So it’s not an assisted suicide after all?’

  ‘What do you mean?’

  ‘I mean fifty grand plus the cards, taken from the old man’s safe. This is not what we call altruism. He offed the guy to get the money.’

  Hardy waved that off. ‘I don’t think that happened, David. You’ve got to know him.’

  ‘I don’t need to know him if I’ve got the evidence. If the evidence says he did it, then he did it.’

  ‘You always say that.’

  ‘That’s because it’s always true.’ Freeman had settled himself on the couch. He’d brought the bottle over and put it on the coffee table in front of him. He poured himself more wine, swirled it in his glass, sloshed it around in his mouth, the connoisseur. ‘Why don’t you take off your coat and stay awhile? Share this excellent claret with me. Take a break, for Christ’s sake, you’ve been at it all day. This new case of yours has all the makings.’

  Hardy threw another dart. The hell with the personal best game, he thought. He’d get it some other time. ‘Believe it or not, spending another hour or two here in the middle of the night discussing a case I’m not even taking is not my idea of a break. I’m thinking about going home, saying hello to my wife before she leaves me, maybe kissing my kids good-night.’

  Freeman pursed his lips with distaste. ‘Aren’t you curious about the money?’

  ‘There’s an explanation for the money.’

  ‘That’s my point. Don’t you want to know what it is?’

  ‘I’ll catch it on the news.’ He had walked around his desk and grabbed his suit coat from the back of his chair where he’d hung it, and now, on his way to the door, he was pulling it on. He stopped at the doorway and picked up his briefcase. ‘You want to lock up and get the lights when you leave? The landlord here’s a real tyrant.’

  Freeman picked up his bottle and got himself to his feet. ‘No, I’ll go down to my office.’

  His brown suit looked like he’d taken a shower with it on, then slept in it. There were half a dozen rusted dots around his shirt collar where he’d cut himself shaving. The tie could have been cut from .a tablecloth at an Italian restaurant. He was half a head shorter than Hardy and thirty pounds heavier, all of it in the gut. Nevertheless, David Freeman — the eyes, the manic energy — was impressive, even intimidating.

  He came to a halt abruptly in front of Hardy, seemed to consider for a moment, then poked a finger into his chest. ‘You know, this life isn’t dress rehearsal. If you’ve got a vision of what really happened with Sal Russo, the boy’s got a right to hear it. You took him on, so you owe him that, however busy you think you are. And here’s a free
tip: you might try fitting in a little fun.’

  ‘Like you do?’

  ‘Exactly! Like I do. I have fun all the time.’

  ‘You work all the time.’

  Freeman lit up histrionically. ‘I love my work! I don’t do anything I don’t want to do.’

  ‘I hate to say this, David, but you don’t have kids.’

  The old man squinted up at him. ‘Well, you do, so what?’

  ‘So I don’t do what I want to do anymore. I do what I have to do. That’s my life. That’s reality. I don’t even think about what I want to do.’

  Freeman remembered his glass of wine and took a hit of it. ‘It was your choice having the kids, am I right?’ ‘Sure.’

  ‘So it’s your choice how you want to live with them.’ Hardy found himself getting a little hot. ‘That’s a fine and learned opinion, David, but you don’t know what you’re talking about.’

  ‘You need this case, a murder case, something you can care about,’ Freeman said. ‘You’re burning out.’

  Hardy didn’t need to hear this — it was too close to the truth. He hit the lights and closed the door behind them. ‘Well, thanks for the input.’

  The short corridor was dark and ended in a stairwell down which the two men walked in silence. On the second floor Phyllis, the receptionist, had her station — deserted now — in the center of a spacious and extravagantly appointed lobby. The main lights had been turned down. Dim recessed pinpoints in the ceiling kept the space from blackness, but only just. Freeman grumbled a good-night and was nearly to his office when Hardy stopped at the top of the main circular stairwell. He sighed and put down his briefcase. ‘David.’

  ‘Yeah.’

  ‘You ought to take this Russo case.’

  ‘I’ll be honest with you. I would kill for this case.’

  Hardy smiled in the gloom. ‘You don’t have to kill anybody. It’s yours. I mean it. From right now Graham’s your client. You can introduce yourself when they book him, which could happen in the next five minutes. If you hurry, you can beat him down to the jail.’

  The old man wrestled with it for a few seconds. ‘It’s tempting, but I can’t take it. He can’t afford me.’

  ‘Do it pro bono. He can’t afford anybody, and it would be great advertising.’

  ‘It’s your case, Diz. He’s your client.’

  ‘I don’t want him, David. Forget hum not being able to afford me, I can’t afford him.’

  Freeman’s voice cut into the darkness. ‘You want my opinion, or probably you don’t, you can’t afford not. All I’ve heard from you for years now is how my clients — my guilty clients — they’re the scum of the earth. They deserve the best defense the law allows, but it’s not going to be Dismas Hardy who gives it to them. No, sir. You’ve got higher standards, right? You’ve got to believe in your clients, in their essential goodness. But you know, I’ve got news for you about the nature of humanity — it fails all the time. Good people do bad things. That’s why we have the beautiful law.’

  The old attorney moved a step closer, all wound up now. ‘You think the work you’re doing with Tryptech is cleaner than what I do. Well, my ass. Dyson Brunei is at best a liar and at worst a crook, and you don’t seem to have any problem doing his grunt work for a fee.’ Freeman lowered his voice even further, his anger building. ‘Graham Russo walks in because he needs you, and you tell me he didn’t kill his father for his money. You believe in him, don’t you? But you won’t help him. You can’t afford to. All right, but spare me the rationalizations and the self-righteous bullshit from now on, would you? I don’t have the time.’

  Freeman whirled and stalked into his office, slamming the door closed behind him.

  * * * * *

  In his living room a line of tiny elephants marched tail to trunk in a caravan across the mantel above his fireplace. They were made of blown Venetian glass.

  Frannie had seen them at Gump’s and fallen in love, though she knew there was no way she would ever have them. They were too expensive, too fragile. An unnecessary luxury back when they’d had nothing. But Hardy had bought six of them for her and then one each year on their anniversary.

  Now, finally home a little after nine o’clock, he stood in front of them, wondering if he could hear what they might be saying to him.

  The elephants were part of their history. When they had decided to get married, he and Frannie had had many discussions about where they would live together. Finally she said she’d move out of her duplex into this house — Hardy’s house. He thought the gift would begin to make the place her own home, and he’d been right. She rearranged the elephants every couple of days, circling them, lining them up, facing them all in one direction or another. Mood stones.

  (Her brother, Moses, did the same thing — rearranged the elephants — almost every time he came to visit. Hardy thought it must be genetic.)

  It was a night for shadows. The living room, as the lobby in his building had been, was dimly lit, in this case from one light over the telephone in the tiny sitting area off the dining room. The house was eerily quiet. It was a ‘railroad-style’ Victorian with a long hallway, living and dining rooms up front. In the back the house widened with the kitchen and, behind that, three bedrooms. j The kids were asleep and Frannie had gone to bed, apparently ;to sleep. He microwaved the leftovers of macaroni and cheese, mixing in a can of tuna for the protein, or taste, or something. At the dining-room table he started to review some of the Tryptech pages from his briefcase, but he didn’t have the energy.

  He poured an inch of Bushmills into one of the jelly glasses the kids used. Returning to the living room, he lit a fire and drank his drink. When it was finished, he showered and slid in beside his wife’s possibly sleeping form.

  * * * * *

  The elephants were dancing in an amber glow.

  A naked man stood in front of the dying embers, watching the beasts. There were fourteen of them, in a line, perhaps preparing to caravan. The wind howled outside.

  Outside the fire’s perimeter the night was pitch, and out of its shadow a woman appeared. She was dressed in something white and flowing. Red highlights shimmered in long hair, worn down. She was barefoot.

  The man half turned, afraid to step toward her lest he stumble. Twice already he had free-poured Irish whiskey into the Tom and Jerry drinking glass, too thick to break.

  ‘Are you coming back to bed?’

  ‘I couldn’t sleep.’

  ‘I guessed that.’ She laid a hand lightly on his shoulder. ‘Don’t hurt yourself.’ A reference to the drinking. When he’d been younger, before this marriage or their children, he had a personal rule forbidding hard spirits in his house. Now he sometimes thought they could open a liquor store.

  ‘I love these elephants,’ he said. It appealed to him to see one of the strongest animals in the world rendered in the most fragile of substances. ‘They look like they’re dancing, don’t they? Excited about going somewhere, doing something.’

  ‘Come on back to bed,’ she said. ‘I’ll rub your back.’

  ‘What time is it?’ he asked.

  ‘Two. The kids’ll be up in five hours, Dismas. It’s going to seem like five minutes.’

  His hand was around the glass, on the mantel over the fire. He was aware that he was leaning on it for balance.

  Frannie was right. Tomorrow — another in the seemingly endless procession of them — would come too soon. Freeman was right too. He was burning out.

  He sighed, left the half-empty glass where it was on the mantel, let her lead him back down the long hallway to their bedroom.

  5

  Hardy wasn’t going to acknowledge the fatigue, the slight headache, the buzz behind his eyes. He had set his internal alarm for six-thirty, and it didn’t fail him.

  Of David Freeman’s words the night before, the ones that had the most impact were those concerning the children — Hardy had chosen to have them, and he could choose how he lived with them.

  H
e was failing there, with his kids, lost in some downward spiral he didn’t quite understand. He wasn’t taking any joy in them, in Frannie, in his life. Certainly not in his work. He didn’t know if it was only a function of attitude, but he knew he’d recognized it at last.

  Maybe all of that wasn’t too far gone to reclaim.

  He didn’t even know any longer where his black pan was. The cast-iron fryer weighed ten pounds and was the only physical legacy of Hardy’s parents, Joe and Tola, who’d died in a plane crash when he was nineteen. For years — all through his first marriage and second bachelorhood — he had cooked almost everything he ate in that pan.

  He’d kept it perennially on his stove, shined until it looked more like hematite than iron. He never put any water in it, just scraped it with a spatula, wiped it down with salt, then rubbed it with a rag. Even when he used neither oil nor butter, nothing Stuck to it. The pan had been one of his treasures. He told Frannie when they first got together that it was the symbol of who he was.

  If that was true now, he thought, he was in trouble. He didn’t know where it had gone. He had searched the kitchen and finally found the pan under his workbench on the landing that led down the stairs and out to their backyard. Sometime in the past few years — and he hadn’t even noticed — Frannie had moved it out of the kitchen. He didn’t cook at home anymore. He was always working. And the damn thing was too heavy for her to lift. She’d essentially thrown it out.

  This morning Hardy didn’t go through his routine: shower, dress in his suit and tie, coffee. Instead he pulled on his old jeans and a faded Cal Poly sweatshirt, slipped into his Top-Siders and, keeping quiet, first went in search of the black pan.