Illegally Dead

by Gregg E. Brickman

  Tony pulled on black crew socks and black sneakers. Even his shoelaces were black. Then he retrieved a black ski mask from the bottom drawer.

  "You look like a criminal. You've even bought a ski mask."

  "The more I blend in the better. I'll be okay. Preparation is everything." He sat next to her on the bed. "I love you. I'll be careful. But you asked me to help Thorne, and Abigail asked me to help him. Thorne is unjustly accused. I can't stand by and let that happen."

  "I can't bear to lose you."

  Tony kissed her again, without passion, but with tenderness. "I'll see you in a couple of hours. Go back to sleep."

  A few minutes later, he parked Jennifer's Honda in a secluded spot a block north of the office building. He wanted to vary his approach. He checked his pocket to make sure the mask and black gloves were in place and put his cell phone on silence. Almost ready, he took a few deep breaths. Management beefed up security after his first clandestine entry when Gross was arrested. He eased out of the car, gripping the door to be sure it didn't slam. He checked to assure himself the lock hadn't set.

  Keeping to the shadows, he made his way along the alley. He was lucky tonight. It was drizzling, and the half moon wasn't visible. He felt the dampness under his shirt as the cold rain mixed with nervous perspiration.

  The guard stood behind his desk, checked his watch, and walked toward the elevator.

  "Good," Tony whispered. "I'm just in time for rounds."

  The elevator door closed. Tony waited until the number above the elevator glowed at two, then opened the door. The master key Schmeck gave him proved a useful addition to his breaking and entering equipment.

  He entered the lobby and used the key on the stairwell door. Now all he needed was not to meet the guard in the stairwell as he sprinted up the stairs to the top of the tallest building in the neighborhood. Tony assumed the old man's habit was to ride the elevator between floors.

  Tony arrived on the top floor winded and dripping sweat. The air-conditioning didn't reach the stairwell.

  He leaned against the wall and soaked in the cool air. The elevator stopped on the fourteenth floor. The guard wasn't making his rounds to each floor in order anymore. Must be one of the security revisions. Tony needed to hurry. Schmeck's key opened the back entrance of the suite. He heard the elevator open as he pulled the door closed behind him. He checked the lock and froze against the wall.

  The guard rattled the door from the outside, then it was quiet.

  Tony found Emily Schmeck's office. Like the offices of the other partners, hers was equipped with a state-of-the-art computer system. A library of CDs sat on the counter. He checked the CPU. It was off. Another bit of planning. Schmeck was thorough. He dreaded meeting her in court on the Carlson case.

  Feeling around the edge of the monitor screen, he located the two Phillips head screws holding the front screen in place. He found a tiny camera and microphone inside the monitor. Since the partners left their units on at night, a suggestion from their computer consultant, Jerry Volney, the offices were under constant surveillance. The camera and microphone transmitted through the computer lines.

  Tony reassembled the monitor and left the office. Now for the hardest part—escape. The first floor fire door was solid. He couldn't scope out the lobby before he entered it.

  Tony inched open the fire escape door on the third floor a crack and looked down the hall. The elevators were both stopped on the first floor. He reasoned the guard's rounds started in forty-five minutes. Tony withdrew into the warm stairwell to wait. He'd be safe there. The guard wouldn't take the stairs, not with two functional elevators fifty feet away.

  Sweat poured down his face and ran under his shirt. His black jeans stuck to his skin. Still he waited, checking every few minutes to see if the elevators had moved.

  One elevator light showed it stopped on the second floor. Tony sprinted down the steps, out the fire escape door, and into the line-of-fire of two waiting uniformed policemen.

  He raised his hands high. "Merda."

  Twenty-eight

  Ray Prentice and Nick Messing sat with their lawyers around a small conference table in Emily Schmeck's office. The lawyers talked legalese among themselves. The plaintiff, as usual, elected to skip the meeting.

  Schmeck, dressed in a severe, gray pantsuit, stood next to her desk. Keeping her voice low, she faced the window and talked on the telephone. After a few moments, she said to her guests, "Gentlemen, my client does not wish to accept your offer. We go to court tomorrow."

  The four men rose. Only Michael Hoch, Nick Messing's lawyer, was as tall as Schmeck. She towered over the rest of the group.

  "Fine, Emily. We'll see you in court," Hoch said.

  The telephone rang. "Yes," Schmeck said into the receiver. "I'll ask them." She listened. "No. That would work fine for me." Schmeck turned to the men and said, "Mike, can you and Dr. Messing stay for a few minutes? We need to discuss another matter. It doesn't concern Dr. Prentice."

  Guided by Emily Schmeck, Nick preceded Hoch into the conference room at the end of the hall.

  Schmeck stopped them at the far end of the large room, away from the computer monitor. "I've arranged for a luncheon in a private conference room. The others will be meeting us there," she said.

  "Will . . ." Seeing Schmeck raise her hand to silence him, Nick held his question.

  "We'll discuss it at the meeting, when all parties are present." She led them into the hall, then handed a card to Hoch. "This is the address. I'll meet you there in thirty minutes."

  Nick glanced at the hand written card in Hoch's hand directing them to Judge Kelsey's office in the courthouse. Schmeck had advised Judge Kelsey about the agenda, but where was Tony? He promised to call and had yet to check in.

  ***

  "All rise."

  The assemblage rose in unison as the Honorable Judge Kelsey entered the courtroom. His puffy face obscured his narrow slit eyes, and his head floated on top of his flowing black robes. He climbed the two steps and settled with an audible gasp into the high-backed chair behind his judicial bench. "Good morning," Kelsey said, nodding to each counsel's table in turn.

  Facing Judge Kelsey on his left sat the plaintiff, Estevan Rivera, and his attorney, Emily J. Schmeck. On his right were Michael Hoch and his client, Nick Messing, and Ray Prentice and his attorney, Ralph Renard, a slight anemic man. Family members and observers dotted the gallery, two or three to a row.

  ***

  Outside the courtroom and in the parking lot, the officers assumed assigned positions. Alfonzo, clean-shaven and dressed in a guard's uniform, waited on the landing near the door. Howard sat in his car at the far end. Several other undercover officers scattered throughout the premises performing menial tasks, each with a small radio receiver lodged in an ear.

  "Team," the plain-clothes cop stationed in the last row of the courtroom whispered into a small transmitter. "Court is in session. They're going through the preliminaries. Schmeck made a request to hear motions before the jury is impaneled. Prentice looks startled."

  Howard said, his voice transmitted to the officers through the ear buds, "Okay, Joe. Everyone else check in, please."

  The transmitters and receivers clicked to life as each officer verified position.

  "Good," Howard said. "Now, we wait."

  Several minutes passed and Joe, the officer in the courtroom, broke the silence. "The court is taking a short break. Renard, Prentice's lawyer, seemed unprepared for Schmeck's motion. He asked for a brief recess."

  Minutes later, Howard again heard Joe's voice telling the group Prentice had made a phone call. "Looks like he took the bait."

  As court resumed, a late model Seville with Jerald Volney behind the wheel cruised into the parking lot from Flamingo Road. Prentice called Volney, Howard thought.

  Volney drove past.

  Howard believed he was invisible behind the dark window tinting, but he took no chances. Howard spoke into the transmitter, keeping his voice l
ow. "Volney parked in the second row. He's driving a white Seville."

  "Got it."

  "Okay."

  "Ready."

  "Guess he feels safe since Conte had his ass hauled out of the building yesterday. Volney doesn't appear cautious. He jumped out of the car. Didn't even look around." Alfonzo turned to a posted notice on the wall, hiding his face as Volney approached.

  "Or else he has no reason to be cautious," Howard said under his breath. His finger pushed the button on the transmitter. "Be on your toes."

  ***

  Volney passed through the metal detectors. The officers monitored his progress to the second floor courtroom. The guard at the door allowed him to enter. Inside, he took his customary place in the back row.

  "Ms. Schmeck, let me get this right," Judge Kelsey said, "you're requesting a summary judgment in favor of your client. For what reason?" Kelsey glared at Schmeck and then continued. "Approach the bench."

  ***

  Tony leaned forward in the back seat of Howard's car. "What's going on?"

  "The judge took the attorneys into chambers. Volney looks nervous, but he's just sitting there. So is Prentice. All we can do now is wait and see if they bite."

  "Did you find out who called the cops to arrest me yesterday morning?"

  "We traced the call to Volney. We think there's a computer with a camera at one of the clerical desks outside Schmeck's office. Volney must have caught you on his remote monitor. The guard had no idea what was going on."

  "That figures."

  "Damn fool stunt on your part. I should have let you sit on your ass in jail." Howard turned and made a fist at Tony.

  "Relax, paesano. You'll be the man for ripping this case open." Tony settled against the seat. He wore jeans and a golf shirt and was well-rested, having spent the last twenty-four hours hiding at home.

  "If we break it open. I'm not convinced this is going to work, then the captain will have my badge in his pocket—and your sorry ass in jail for burglary and obstruction. But Volney showing up after Prentice made a phone call leads me to believe you may be right."

  "Believe, my man, believe."

  Minutes passed before Howard touched the receiver in his ear. "Okay, court is in session. Volney moved forward a few rows during the recess. He's sitting behind Schmeck."

  "What's he going to do, attack her in public?" Tony said as he got out of the car. When Howard came around the front to meet him, he continued. "I can't imagine what he's up to."

  "Me either." Howard started across the lot. "Let's go find out. Keep in mind you're here to unnerve Volney. Stick with the plan. Let the other cops and me handle it."

  ***

  Tony entered Judge Kelsey's court from a side door hidden in a wall panel.

  Volney, his eyes wide and jaw slack, faced Tony. An angry glare took the place of surprise.

  Tony saw Volney's hand twitch, the fingers curled around something. Knife? Syringe? More like a thin surgical steel stylet, long and thin. Tony approached him with slow, deliberate steps, keeping with the script.

  Volney made a quick motion. Tony tensed in anticipation of an attack, but Volney, appearing unhinged by the turn of events, drove the stylet into Schmeck's back. The tall lawyer crashed forward across the desk.

  "Die," Volney yelled, neck veins bulging, eyes wild.

  Prentice made a motion in Volney's direction, but stopped mid-lunge and dropped into his chair, staring straight ahead.

  Nick Messing rushed to Schmeck's aid, stripped back her jacket to reveal the bulletproof vest, then placed his fingers on the side of her neck in the area of the carotid artery. Schmeck pushed his hand away. Nick positioned himself between Schmeck and her attacker.

  Tony believed Volney would come at him next. He braced for the attack, clearing his mind.

  As the police officers moved between the fixed seating to assume their positions, Volney turned again to Tony. "You, you're in jail."

  "Oh, really?" It was apparent the officers couldn't get through the maze in time to contain Volney. Tony moved into the row where Volney stood. Diverting from the plan, Tony assumed a ready stance. Feet wide spaced, hands raised in front of him. "Come on, stronzo," he said, itching for action.

  The officers closed in on Volney's back. Someone led Prentice to the other side of the room. Volney's feral eyes stayed on Tony, but his hands fumbled in his jacket pocket. Tony caught a glimpse of Nick helping Schmeck to her feet.

  Tony faced Volney in the narrow isle. Tony was the closest man to the deranged former physician. Sturdy chairs, bolted into rows, and retreating spectators blocked the access of the police officers to their quarry. Though their guns were drawn, Tony knew the officers wouldn't get a clear shot. Court officials held their ground, and too many spectators lingered in the area.

  Volney, red faced and showing the strength of the damned, dove at Tony. Tony focused on the large syringe in Volney's hand. Volney lunged against the immobile chairs.

  "Volney, give it up," Tony said.

  "It's your fault. You interfered. I warned you. Now, you have to die with the rest of them."

  "I don't think so." Tony edged closer to Volney, close enough to smell his fear. "Give me the syringe, please. I don't want you to hurt anyone with it."

  Volney jerked the needle cover from the syringe, throwing the small plastic cap to the side where it hit a chair and bounced high into the air. "This was for the elevator if I couldn't get close enough to her here. Your precious Emergency Department managed to save Hansen, but not her. She's dead."

  "No. Look at her. She's fine."

  Volney looked toward plaintiff's table. Seeing it empty and Schmeck standing several feet away, he gasped.

  The split second provided Tony with all the opening he needed. He took three quick steps and snapped a sidekick, connecting with the side of Volney's chest. Volney crashed against the chairs and melted onto the floor. His body shuddered a few times, then he lay still.

  Nick and Alfonzo approached Volney. Nick's fingers sought Volney's carotid pulse.

  "He's dead."

  "Neck broken?" Tony asked.

  "I don't know for sure. It doesn't matter anyway."

  "Why not?"

  "He fell on the needle." Nick pushed back Volney's jacket. The large syringe lay empty under his hand. "The three-inch long spinal needle pierced Volney's abdomen two inches above his navel."

  Tony knelt next to the motionless body. "Wonder what's in it?"

  "The medical examiner can find out." Nick grinned at Tony. "Glad to see you could make it. Did you really break into the office building twice?"

  Tony smiled and flicked the hair back. "Who me?" He stood to his full height and flexed the muscles in his shoulders to relax. "It worked out. Volney was so focused on me as the clog in his plans that once I was out of the picture, he decided to go ahead with his scheme. I can't figure how he thought he'd get away with killing Schmeck in the courtroom. It doesn't make sense. Volney planned everything else so carefully."

  Nick waved a finger in the air. "The way I figure it is Volney knew the police were closing in on him. I suspect he felt he had nothing to lose and wanted to make a big final statement. Kill the enemy, in this case another lawyer, in the courtroom for all to see."

  Twenty-nine

  Tony and Jennifer arrived last at Dans le Pétrin for the dinner Chamberlain Thorne and Abigail Stern were hosting. The guest list was small, just Tony, Jennifer, and Howard. Alfonzo had sent his regrets.

  Tony guided Jennifer across the elegant dining room. It was two weeks since her surgery, and she moved with care, but she was ready to celebrate Valentine's Day and Tony's victory. They made a handsome couple, he in his dark suit and blue striped shirt, she in a loose-fitting long black dress.

  Thorne and Howard stood as Tony and Jennifer approached. Tony motioned them to sit down, then helped Jennifer into her seat. He kissed her on the forehead before sitting next to her, hovering a little too close.

  "Jennifer, you look goo
d. Not to talk shop, but has someone taken your stitches out?" Thorne said as he stood and kissed Jennifer on the cheek.

  "I was about ready to ask Tony to do the deed, but then he told me you were a free man. I'm your first patient tomorrow morning."

  "Good. We'll talk tomorrow." Thorne looked at Abigail, who nodded back to him. "For a while, I didn't think I'd ever get my life back. But thanks to Tony and Howard—"

  "You'd better thank Tony," Howard said. "I admit to losing faith in the face of all the circumstantial evidence."

  "I understand," Thorne said. "I also understand you listened to him, made sure he didn't stay in jail—"

  "Tony, you were in jail? I didn't know you were in jail." Jennifer glared at him.

  "For a few minutes. Howard took care of it. I wasn't even late getting home."

  Jennifer rolled her eyes and patted Tony on the leg. "What am I going to do with you?"

  Tony leaned close to her ear and whispered.

  "Okay. I can do that." She looked at him and laughed.

  Thorne continued. "Meanwhile, tomorrow I'll jump back into things. My staff said I have a busy schedule with my own patients and Prentice's, too. And I'll have to start recruiting a new partner."

  "Prentice will be out of business for a long time," Howard said. "He told us Volney was filled with hate. He held the legal profession responsible for his situation. Prentice claims he spent a lot of time with Volney, who sucked him into the plan. He thought he was doing his friends a favor by getting their revenge for them. He confessed the plans were devised after the weekly computer task force meetings Volney conducted."

  "You mean Olson and Villegas were also involved in the conspiracy?" Thorne shook his head.

  "Not directly. Volney and Prentice used the meetings to get current information about their cases and what their lawyers were doing. Then he bugged Valentine and company's law offices to learn the plaintiffs' plans. He did the same thing downtown. Murdering Gould and Atkins was a trial run of sorts. Volney believed he was helping out his old partner."