The Mercy Rule

by John Lescroart

  But he got back to the point. ‘Anyway, no, Art. I haven’t heard from him. He’s probably lying low. Maybe he left town. I think I would have.’

  Soma jumped at this. ‘Did you counsel him to do that? Where did he go?’

  Hardy took in Soma for a beat, then turned to Drysdale. ‘The reporters were getting on his nerves. Tell you the truth, they’re getting on mine too.’

  ‘Then you did talk to him?’

  Resolutely mild, Hardy kept his eyes on Drysdale, which he knew was making Soma crazy. ‘Did you read that little piece about me and Sharron, Art?’

  Jeff Elliot’s ‘CityTalk’ column this morning had alluded to Hardy’s aborted plea bargain and Pratt’s displeasure with the way things had turned out. Reading it at their kitchen table in the morning, Frannie had commented that her husband seemed to have a knack for alienating district attorneys. Hardy allowed as to how that was probably true. It wasn’t the worst possible trait in a defense attorney.

  To which Frannie had raised her eyebrows. Her husband was precise with his words, and if Dismas was calling himself a defense attorney right out loud, that’s what he meant.

  But Drysdale was nodding, smiling. Pratt, after all, had fired him recently enough that he still didn’t wish her all the best. ‘She shouldn’t have leaked it before the deal was done,’ he said. ‘I’m afraid it made her look less than astute. Bumbling, in point of fact.’ The wattage on the smile increased. ‘Poor woman, my heart goes out to her, but I do think, Diz, it put you on her list.’

  ‘I’ll try to make it up to her.’ Hardy, enjoying himself, finally turned to Soma. ‘Anyway, to answer your question, Gil, Graham’s been a little tough to reach. He hadn’t been indicted. In her wisdom Ms Pratt let him go. He was a free man.’ He smiled all around. ‘It’s a free country.’

  Drysdale cut to it. ‘He’s been indicted now. And I expect you to surrender him.’

  Though this was news, it was hardly unexpected, and Hardy took it calmly. ‘What charge?’

  ‘Murder one with specials.’

  Expected or not – and it was the official confirmation of what Hardy had predicted – this wasn’t good news. ‘You can’t be asking for death on this?’

  ‘LWOP.’ This was Soma, rapping the rap, trying out the sound of the jargon, pretending to be an old pro. Hardy wondered if Soma had given any thought to the reality of life in prison without the possibility of parole for someone very much like himself, as Graham was. If, in fact, Soma had given thought to much except getting high-profile cases and winning them. Hardy guessed not; the boy had all the signs of testosterone poisoning, which meant he wouldn’t do it by the numbers.

  Also, the case had a personal edge, which increased the odds – if Soma was smart, which also appeared to be the case – that he’d come up with some tricks in the courtroom.

  But here in Belden Alley the attorneys for both sides of this highly publicized case were at the same table, informally, in some kind of free-form mode. From what they’d said, they hadn’t found Graham yet to arrest him. Hardy knew Drysdale well, and thought he’d orchestrated this meeting for some specific purpose. Maybe get another plea in play.

  Although – a zing of caution – maybe Art thought he could get information they didn’t have while Hardy’s guard was down. He’d find out. ‘Either of you read the article in Time?’

  Cerrone had done a masterful job of creating an impression without ever crossing the line into accusation. The Graham Russo case, he’d written, was a poignant illustration of the many ambiguities facing the country surrounding the entire problem of elderly care/assisted suicide/the right to die.

  Woven into the fabric of the legal story of the arrest and subsequent release of Graham Russo was the relationship between him and his father, the desperation of Sal’s condition, Graham’s access to morphine and syringes. Reading the article, Hardy concluded that no reasonable person would assume that Graham had not helped his father die with dignity.

  Hardy had his ear to the ground, and as far as he could tell, the article, coupled with Barbara Brandt’s confession, had pretty much settled the question for the public. Even some of the legal public – Freeman, Michelle.

  These two lawyers with him now, however, represented something entirely different. A waiter had come and taken their lunch orders and Hardy had decided on a cup of espresso, high octane. After it arrived, he slowly stirred in a spoonful of sugar. ‘I’ve got to say, Art, this is a terrible call. If you read the article-’ True to form, Soma butted in again.

  ‘The article left out just a few things.’

  ‘Yes it did.’ Hardy was all agreement. ‘And I know all about them – the money and the so-called struggle? But I’ll tell you something: Graham didn’t kill Sal for the money. You’ll never be able to prove he did.’ He found himself addressing Art again. ‘Powell’s got to know this, Art. It’s damn near frivolous.’

  ‘We did get the indictment.’ Drysdale shrugged. ‘The grand jury didn’t think it was frivolous.’

  Hardy sat back in his chair, amused. ‘Wasn’t it your very self, years ago, who assured me that if the prosecution asked nice enough, the grand jury would indict a ham sandwich?’

  Drysdale nodded. ‘I might have said something like that when I was but a callow youth, but I was wrong.’ He grinned. ‘Besides, the ham sandwich might have done it.’

  ‘So remind me again, why are we having this discussion? You came down here looking for me, remember? Why didn’t you just give me a call and tell me to bring in my man?’

  Putting a hand over the arm of Soma, who looked equal parts ready to interrupt again and in sore need of a bathroom break, Drysdale leaned forward. ‘Dean’s made his point getting the indictment, Diz. He’s upholding the law, Pratt isn’t. I don’t think this kid has to spend the rest of his life in jail.’ He threw a quick glance at Soma, shutting him up.

  ‘So what do you want?’

  ‘You tell me. The word was you went to manslaughter, no time, with Pratt. I don’t think Dean will go there, but he might bend down from the specials.’

  But Hardy was shaking his head. ‘My client didn’t even cop to probation, Art. He says he didn’t do it.’

  ‘Although the entire country now thinks he did.’

  Hardy spread his palms. ‘Be that as it may. And even if that’s true, even if some jury comes to that view, they won’t see murder with specials. They’ll see an assisted suicide.’

  Finally, Soma could hold it no longer. ‘Which is murder.’

  Drysdale agreed. ‘Forget the legal niceties, Diz. This was a murder. We can prove murder.’

  ‘Which means Graham did it,’ Soma blurted.

  Hardy took a beat. ‘That’s an interesting legal theory,’ he said.

  ‘The point,’ Drysdale went on, ‘is this: you know Powell, Diz. He’s not immune to public opinion…’ This, Hardy thought, was surely one of the great understatements of Drysdale’s career, but he let him go on. ‘He doesn’t necessarily want to try a case where sixty percent of his constituency thinks his suspect is a good guy who did the right thing.’

  ‘But-’

  Drysdale’s hand went back to Soma’s arm. ‘But Dean is convinced – and I agree – that this was a murder. You will, too, Diz, when you’ve seen all the discovery. So if you plead, it’s win-win. Dean gets a W in his column for upholding the law, you get a W for pleading down. Pratt picks up an L.’

  ‘I love the sports analogy,’ Hardy said. ‘So Graham gets time in the slammer? My guess is he’d call that one the big L for him. What do you think?’

  ‘L, for life is the big L,’ Soma said. ‘This would be lower case.’

  ‘It’s not going to happen,’ Hardy replied, standing up, ‘but I’ll convey your kind offer to my client.’

  If I can find him.

  Shaking hands, he was effusively friendly. He told Art it was nice seeing him again. They ought to plan a lunch together sometime, catch up on their families, the changes in their jobs, old t
imes.

  Turning to the younger man, extending his hand, Hardy broke a practiced smile. ‘It was nice to meet you, Mr Soma. I wish you luck in your career.’

  The young man wasn’t blind or stupid. He caught the dismissive tone and served one back to Hardy. ‘We need to see Russo by tomorrow. We don’t mean the day after.’

  Hardy nodded. ‘Yes, sir. I guess I hear that message loud and clear. Thank you very much.’

  An hour after Soma and Hardy exchanged their pleasantries, Marcel Lanier sat double-parked in front of the office of the attorney general on Fremont Street, drumming his hands on his steering wheel.

  This was supposed to have taken five minutes – whip by here and get confirmation that Graham Russo was in the system. He’d sent Sarah up and she’d already been gone for twenty. Marcel sat with his driver’s window down, eyes closed. It was a nice afternoon, smells of coffee roasting and diesel fumes – not altogether unpleasant.

  He was half dozing until another cop pulled up behind him. Marcel flashed his badge and explained the situation and tried to go back to dozing. Until two minutes later when another traffic-and parking-enforcement meter-minder tapped him – hard! – on the elbow. ‘Come on, now, move it along.’

  Another flash of the buzzer, this one not as effective. ‘I don’t care about the badge, Inspector. You’re blocking the street here. You gotta move it along.’

  So Marcel, humoring this bozo, drove in a big circle, hoping Evans would be back down when he returned. But she wasn’t, so he double-parked again in the same spot, closed his eyes again. It couldn’t be long now, he told himself, it just couldn’t be.

  But it was long enough for a pair of indigents, one of them wearing a football helmet and the other pushing a stolen shopping cart loaded with recyclables, to stop at his window and ask him for money. Marcel revved the motor and took off again for another tour of the surrounding three blocks.

  When he returned this time, he at least got the time to start drumming his fingers before Evans appeared, coming out of the building with the skinny young lawyer.

  Lanier was watching the guy move. Soma had come all the way down from the third floor with Sarah Evans when all he needed to do was have his secretary check the computer? So that’s what it was – Soma was hitting on her.

  Leaning on the horn, he saw her wave, gesturing to him, making excuses. As though she needed to explain to this dweeb that she was supposed to be doing her job. He rolled down the window on her side. ‘Hey, Sarah!’

  He didn’t know what it had been – whether Soma had been overbearing, or he’d honked too often. Maybe it was PMS. You never knew. He was the one who’d had the frustrating twenty minutes out in the car, but now she was sulking, her elbow out her own window as they drove west, staring out away from him.

  ‘You all right?’ he asked.

  ‘I’m fine.’ Except, of course, that the man I love is now a fugitive and the next time I see him I’ve got to arrest him.

  ‘That guy Soma bothering you?’

  She shrugged, still not looking over.

  The silence went on for another few blocks. Finally, Lanier spoke again. ‘So what happened?’

  ‘Nothing.’

  ‘Well, nothing seems to have got you pretty upset.’

  Now she turned. ‘I’m not upset.’

  ‘Right. That’s right. You’re always this way. Quiet and kind of moody.’

  Another block. ‘I told him he was making a mistake.’

  ‘Who?’ Lanier asked. ‘About what?’

  She flicked at the folder containing the file. ‘Gil Soma. This thing.’

  Marcel threw her a concerned look. ‘The warrant? What’s the matter with it?’

  ‘Russo.’

  ‘You back on that again? Give it a rest. He did it.’

  ‘Oh, okay. Never mind.’

  ‘Sarah.’ Asking her to be reasonable.

  ‘No, really. You think he did it, therefore he did it.’

  ‘Who cares? It’s Soma’s problem. It’s not our problem. We’re just doing the delivery.’

  ‘You’re right. There’s nothing to discuss.’

  ‘Besides, he did it. Nobody else could have done it. We checked. Everybody else is clean. You read that Time story? That woman up in Sacramento? He did it.’

  She was silent.

  ‘What?’

  ‘He helped his dad die to put him out of his misery, right?’

  ‘Right.’

  ‘So what about the struggle? What about the hooker downstairs, what she heard? The bump on the head?’

  Marcel was nodding. ‘That’s what I mean. He did it.’

  ‘For the money?’

  ‘Sure.’

  ‘But you just said it was assisted suicide.’

  ‘Maybe it started that way, and the idea that when it was done he would have the money, maybe that kind of grew on him. Then he got started and panicked when the old man changed his mind. Anything could have happened, Sarah, but whatever it was, he was there. He did it. This stuff happens. I had a guy once killed his wife. Same thing.’

  ‘She was sick?’

  ‘Oh, yeah. Same thing. Wouldn’t admit he did it.’

  ‘Why not?’

  ‘You’re going to love this. Guy was like sixty years old. He didn’t want his eighty-year-old mother to be mad at him.’

  ‘What?’

  ‘God’s truth. You heard it here first. The mother didn’t believe in the concept, so the son tried to fake it and make it look like a straight suicide, but he botched it all up.’

  ‘Did he also try to make it look like a murder? Steal his wife’s jewelry, anything like that?’

  ‘No. But that would have just been going into more detail. He just wasn’t as smart as this Russo guy, that’s all. Same basic idea, though.’

  ‘Well, thanks for making that clear.’

  ‘Anytime. You think he’ll be home?’

  ‘Russo? I doubt it.’

  Sarah didn’t simply doubt that Graham wasn’t at his home. She knew it for a fact. He’d been staying at her apartment since the long night they’d spent with each other after she’d licked his palm. Sarah’s argument to herself (fatuous, and she knew it) was that Graham had not been under indictment at that time and was, in theory, a citizen who was to be presumed innocent. Now the indictment had come in and though it had been expected, like it or not it changed everything.

  He saw it as soon as she walked through the door, closed it carefully behind her, kept her distance from him. For the last few days she’d entered the apartment and they’d fallen into each other’s arms. He stood in the middle of the living room. ‘What’s the matter?’ he asked. ‘What’s happened?’

  ‘The matter is you got yourself indicted this morning by the grand jury. I’m not supposed to tell you that. I’m not supposed to be in love with you. I’m supposed to arrest you right now.’

  He tried a tentative smile. ‘You going to?’

  ‘This isn’t funny.’

  ‘I don’t think it’s funny.’

  ‘Then do me a favor. Don’t laugh about it.’

  ‘That ought to be easy. Not laughing, I mean.’ He couldn’t make himself move toward her. He could feel the aura from where he stood; she had to keep a distance between them. He wasn’t going to push it. ‘What do you want me to do, Sarah? I’ll go if you want, leave here if it’ll make it easier for you. Or you can take me in. Whatever you want.’

  ‘Don’t you understand? Shit. I don’t want to take you in!’ Her strong shoulders sagged. She bit at her lip. ‘This is wrong. This is all so wrong.’

  This time he did take a step toward her, but she held out a hand. ‘Don’t!’

  He stopped, waited, spoke quietly. ‘My dad and I, I didn’t-’

  She interrupted him. ‘That’s not the point, Graham.’

  ‘So what is?’

  ‘The point,’ she said tightly, ‘is that I’m a cop and you’re indicted. If I was doing my job, I should have come here with Mar
cel in the middle of the afternoon, taken you downtown-’

  ‘I’m not kidding you,’ he said. ‘I’ll go. I’ll go right now. I’ll beat this, and then-’

  ‘No! God damn it, no! We’re not doing that.’

  He waited. ‘Then what?’

  She slumped onto one of the kitchen chairs. ‘I don’t know. I don’t have any idea.’ She was about to cry.

  ‘I’ll give you a dollar if you let me come over and hug you.’ He crossed the room, went down on a knee, and put his arms around her shoulders. ‘Don’t worry,’ he said. ‘It’s going to be all right.’

  ‘How?’ She was shaking against him. ‘What are we going to do? I can’t see you. You can’t even be here. If I don’t take you in, I’m committing a felony myself. In fact, I am now. How can I commit a felony?’

  ‘You’re right, you can’t,’ he said. ‘Look, I’ll just turn myself in. I’ll call Hardy, find out where he lives, show up at his house, and have him do it.’

  ‘But I don’t want to leave you to them, even to him. I want you to be here. This can’t be the only time we’re ever going to get. I can’t, I just can’t… I mean, we just started, and it’s so good, Graham. It’s so good. Don’t you feel that?’ Her cheeks were wet now and he wiped the tears gently away.

  ‘We’ve had a few days,’ he said. ‘We’ll hold on to them, how’s that? We won’t lose this.’

  ‘You don’t know that. Who knows how long you’ll be in jail, with the trial, even if you win…’

  ‘I’ll win.’

  She shook her head, sniffling. ‘But what if you don’t?’

  ‘I will. Nobody’s going to be able to prove I did anything wrong. I’ll beat it. And however long it is, we’ll get through it, okay?’

  She shook her head again. ‘I don’t know. I don’t know how we can, if we can.’

  ‘We will. I promise. I’ve been looking for this for too long and now we’ve got it. I’m not letting you go, and that’s all there is to it.’

  Hardy was intensely unhappy with Graham’s disappearance, but there wasn’t anything he could do about it now. The police would probably find him first and Hardy would get a call from jail.