“So one of you guys is gonna represent Benny?” he asked, just to make sure he had it right.
“It’s a possibility,” Jack replied. “We’re kind of in the investigative stage.”
“How do I know that you are who you say you are?”
“You mean are we cops or something?” Jack suggested.
“I don’t wanna seem like an asshole or anything, but the thought had crossed my mind, yeah.”
“Do I look like a cop?” Henry asked. “Besides, we’re not going to ask you about anything that could hurt Benny. If we do, then you can refuse to talk to us. We just want to get a little flavor of who the guy is. He gave us your name.”
“All right,” Tillie said. “I don’t know if I can help you that much, but I’ll tell you what I know.”
“Fair enough,” Henry told him.
“Benny is a street guy,” Tillie began. “He don’t own nothin’-at least nothin’ of value. He lived in one of those condemned buildings. He’s never had anything going for himself. Never could keep things together, you know what I mean?” Henry nodded. He knew exactly what Tillie meant. “I know he’s a thief,” Tillie continued, “but in a lotta ways Benny’s harmless. This is a violent neighborhood, but it never rubbed off on Benny. Not that I could see, anyway. He’s a character. To tell you the truth, I miss him.”
“He’s charged with murder, you know,” Jack pressed.
“Yeah, I know, but I figure that’s a trumped-up charge. Some big shot was killed, and Benny’s the fall guy.”
“There are eyewitnesses who put him at the scene,” Jack added.
“I don’t know anything about that,” Tillie said. “But I’ll tell you this. The cop who arrested him-he arrested him right over there by the pool table. I was here. Benny and me were playing pool at the time. Anyway, this cop told Benny that he was arresting him for something he didn’t believe Benny did. And he told Benny to clam up-not to talk to anybody until he had a lawyer. Now, that’s a cop talking, and a cop who knows Benny real well. That’s why I’m saying he’s a fall guy.”
“What’s this cop’s name?” Jack asked.
“Joe Fogarty, but that ain’t gonna do you no good. He ain’t never gonna admit he said those things.”
“Is that good enough evidence for you?” Henry asked on their way out.
“If it’s true,” Jack replied.
“What do you mean, if it’s true?”
“I mean, Tillie is Benny’s friend. He’s going to say things to help Benny. Do you think a jury would believe him without some corroboration?”
“Maybe not,” Henry admitted. “But I believe him, and I’ve been a street person.”
“You’re not a disinterested party anymore, Henry. You’re on Benny’s side one hundred percent. Maybe more. I just need something more.”
“Where are you going to get that? The cop isn’t going to talk to you.”
“Maybe not. But I can try.”
Jack dropped Henry off in Harlem on the way back to Charlie’s. They agreed to meet for breakfast the next morning.
Jack wanted to make a decision about whether to represent Benny before they left New York. When he arrived back at the apartment, Charlie was waiting for him, anxious to hear about the events of the day. Jack put her off for a few minutes. He had to call an old friend right away.
Frankie O’Connor picked up the phone on the second ring.
“Frankie?”
“Yeah,” Frankie answered hesitantly. Nobody called him Frankie anymore.
“Frankie, it’s Johnny Tobin. How are you doing?”
“Johnny! Long time no see. Where are you?”
“I’m in the city. Actually, I’m in the old neighborhood.”
“How long are you going to be in town?”
“I’m not sure. Maybe a couple more days.”
“You know, some of us get together at the Carlow on Thursday nights. I’m off on Fridays. It’s one of a hundred bad things about being a cop-you rarely get weekends off.”
“I’ll come down. I was planning on going to the Carlow anyway. Listen, I need to ask a favor.”
“Shoot,” Frankie replied without hesitation. They hadn’t set eyes on each other since Mikey’s funeral several years before, but that didn’t mean anything to Frankie. Johnny was an old friend.
“I’m trying to get in touch with a cop.”
“I’ll help you if I can, Johnny, but there are twenty-five thousand cops on the force now. If he’s an old-timer, I’ll know him. Still, I’m not sure I can help you.”
It was an unwritten code, and Jack was well aware of it. Frankie wasn’t going to give out any information about any cop until he called the guy, filled him in on the situation, and got his permission to do so.
“I know what you mean, Frankie. The guy’s name is Joe Fogarty.”
“Oh, I know Joe. He came on a few years after me. Tell me what it’s about and I’ll give him a call.”
Jack filled Frankie in on Benny’s case and told him all about the conversation with Tillie. He didn’t tell him who Benny’s father was just yet. He wanted to let the situation play itself out.
Frankie hesitated. “I don’t know, Johnny. You know I’d do anything for you personally. But this would put Joe in an awkward position, and I don’t want to do that. Why are you getting involved in this case anyway? Nick Walsh was the lead detective, and Nick’s a legend in the department. This guy is guilty.”
“He may be, Frankie. I’m just trying to decide whether I should represent him or not.” Jack sensed the moment was right. “His father is an old friend of mine. And yours too.”
“Who?”
“Do you remember Rico who played with us on the Lexingtons?”
“The skinny Puerto Rican kid who taught you how to play cornerback?”
“That’s the one.”
“Sure, I remember him. He was one tough cookie. He and Floyd got a raw deal too. Being a cop, I think about what happened to them from time to time. This Benny kid is his son?”
“Yup.”
There was a pause on the other end of the line. Then Frankie said, “I’ll give Joe a call and tell him about the situation, but it’ll be up to him if he wants to talk to you or not. Just remember, Johnny, if he confirms what he said to Benny and the higher-ups downtown find out about it, they’ll be writing him up for spilling his coffee.”
“I hear you, Frankie. I won’t do anything he doesn’t want me to.”
“By the way-and this is really strange-there’s another connection between this case and the Lexingtons.”
“Oh yeah, what’s that?”
“Do you remember Jimmy Walsh, the kicker?”
“Of course.”
“Well, he was Nick Walsh’s younger brother. That won’t get you anywhere with Nick, though. He’s strictly by the book. It’s just kinda interesting.”
“Yeah, it is,” Jack replied.
“I’ll tell you something else that should make the hair on the back of your neck stand up.”
“What’s that?”
“Nick investigated the murder of this Benny kid’s last lawyer. Someone blew his brains out. Nick said it was a mess. Watch yourself, Johnny.”
“I thought they decided there wasn’t any connection.”
“They couldn’t find a connection, but they never solved the murder either.”
Half an hour later, just as Jack was winding up telling Charlie about the day’s events, Frankie called to let Jack know that Joe Fogarty would be at the Carlow East on Thursday night.
46
“We’re meeting with Joe Fogarty tonight at a local bar,” Jack told Henry the next morning at Pete’s, a local greasy spoon in the old neighborhood.
“How did you arrange a meeting overnight?” Henry asked.
“You’ve got to know the right people, Henry. I’m a man with connections.”
“I guess you are.”
“Listen, we’re going to show up about eight. It will be the three of us.
I already promised Charlie I’d take her.”
“You don’t need me for this one, Jack. Cops and I don’t get along anyway. I’ll just take the family out for dinner.”
“Are you sure? This is pretty important.”
“I’m sure, Jack. You can handle this one. What else do you have planned?”
“I thought after breakfast you and I would go down to the murder scene to see where the eyewitnesses were and things like that.”
“That’s a good idea.”
“And then I’m going to prepare my stipulation for substitution of counsel.”
“Good. You’re already anticipating that Fogarty is going to confirm what Tillie said. I like that.”
“I figured you would.”
“Are you licensed in New York?”
“Oh yeah. I took the bar exam here more than twenty years ago. I always thought I’d practice here. I don’t know how to find the courthouse yet,” he laughed, “but I will.”
Frankie O’Connor was still a leader of men thirty-plus years after he played for the Lexingtons. Although he barely finished high school, Frankie rose to the rank of lieutenant in the New York City Police Department. He could have been a captain but turned the job down.
“You get too high in this department, you can’t smell your own shit stinking,” he’d explained to a friend. That was Frankie. He didn’t want to get too far away from the rank and file-too far away from his roots. Not too many lieutenants could call a detective like Joe Fogarty and arrange a meeting where he’d be explaining why he’d violated department rules. Frankie could do it because Joe trusted him. It was that simple.
Jack had been back to the Carlow East a few times since the old days but they had been random visits. Nothing could have prepared him for this night. It was a journey back in time. His old friend Norm Martin was behind the bar. Although they hadn’t seen each other in years, Norm recognized Jack as soon as he walked in the front door.
“Hey Johnny, how ya doin’?” Norm greeted him as if the two men had had lunch together that very day. The only difference was that they both leaned across the bar and hugged each other.
“Good, Norm. I’m doing good.” He almost forgot to introduce Charlie. “This is my friend Charlie. She used to work with Pat.”
Norm shook hands with Charlie. “Nice to meet you, Charlie,” he said. “Pat was a great lady. Jack, we haven’t talked since Pat passed. I’m real sorry for your loss.”
“Thanks, Norm. I appreciate it. Where’s Frankie? Is he here?”
“Yeah. He’s down at the other end of the bar with everybody else.”
The Carlow looked almost exactly the same as it had thirty years ago, except there were a few more televisions for the sports fans, and fake Tiffany lamps hung from the ceiling illuminating the bar. In the old days, people liked being in the shadows. The other noticeable change was the clientele. Thirty years ago this Irish bar had been full of Irishmen-until the Lexingtons came along. Now it was a mixed crowd.
The “everybody else” Norm had referred to were all people Jack had grown up with. His good friend Chris Dennehy was there, along with Tony McKiernan, Joe Powell, Kathy Tripptree, and Lynn Schultz.
Chris gave Jack a big hug.
“What are you doing here?” Jack asked.
“We all come on Thursday night,” Chris explained. “It’s Frankie’s night off. We’ve been doing it for years.”
Jack introduced Charlie to everybody.
“I can’t believe you know all these people,” Charlie whispered to Jack as the introductions went on and on.
“I went to kindergarten with most of them. You see Joe Powell over there? He was my first friend in the whole world. His mother used to take us fishing in Central Park. You know where Rowboat Lake is?”
“Where they have the rowboats? I didn’t know they called it that.”
“That’s what we called it. We used to catch big carp in there. We were so small we could barely hold them.”
Eventually Jack left Charlie chatting with his friends and made his way over to Frankie, who was sitting at the end of the bar with a few guys who looked like cops. Frankie had gained a few pounds since the Lexington days, but he still looked fit. He stood up and gave Jack a big hug.
“Johnny, how’s my rich and famous pal? You haven’t forgotten where you came from, have you?”
“I wouldn’t dare, Frankie. Not while you’re still alive.” That got a laugh out of everybody. Frankie introduced him to the other guys sitting next to him, one of whom was Joe Fogarty. Neither Frankie nor Joe-nor Jack for that matter-gave any indication that this meeting was anything more than a chance encounter.
Jack had a good time that night reconnecting with his people, all of them regaling Charlie with stories of the old days. At about eleven o’clock he felt a poke in his back. When he turned around, he saw Joe Fogarty heading for the door. Jack excused himself and followed Joe outside.
Joe walked up Lexington Avenue and turned at the corner. Jack followed. When he reached the corner, Joe was about twenty yards up the street sitting on a stoop smoking a cigarette. Jack walked up to him.
“I trust Frank with my life,” Joe said. “We’ve known each other for a long time. He trusts you, and that’s why I’m talking to you. Here are the ground rules, though. After tonight, we never had this conversation. I’m answering some questions for whatever reason you need them to be answered, but I will never admit at any time that I told you what I’m about to tell you. Do you understand?”
“I do,” Jack replied.
“Understand something else too. If my superiors, other than Frank, even suspect that I talked to you, my career is over.”
“I understand.”
“Then ask away. But make it quick.”
“A guy named Tillie, I’m sure you know him, said that you told Benny to clam up when he was arrested. He said you didn’t believe Benny committed the murder he was being arrested for. Is that true?”
Joe Fogarty didn’t answer right away. He seemed to be mulling the words over in his head before he spoke. “I’ve been rousting Benny for years. I know he’s a two-bit punk and a thief, but he’s never been violent. When Tony Severino called me and asked me to pick Benny up for this murder, I didn’t believe it. This was a high-profile guy that got shot, and I figured Benny might have been a fall guy-in the wrong place at the wrong time. So I told him to keep a lid on it.”
Joe took a long drag on his cigarette. “I didn’t know anything about the murder investigation at the time and I still don’t. I worked with Tony Severino for years. He’s a good detective. And Nick Walsh is one of the best homicide detectives this department has ever had. If they think Benny is guilty, then that’s it. I said what I said based on my instincts at the time. Any other questions?”
“Do you think Benny could murder somebody?”
“I think anybody could murder anybody given the right circumstances. It wouldn’t be Benny’s first choice, but I wouldn’t put it past him. Like I said, he’s a criminal. Anything else?”
“Nope. Thanks for the info.”
“Sure.” Joe tossed his cigarette into the street as he walked past Jack back toward Lexington Avenue. He turned left at the corner and headed away from the Carlow East without looking back.
“I’m going to take the case,” Jack told Henry at breakfast.
“Really?” Henry said. “So Joe Fogarty confirmed what Tillie said?”
“Who’s Joe Fogarty?” Jack replied.
“I gotcha. Well, I’m glad you made the right decision, Jack.”
“I’m not so sure it’s the right decision.”
“I don’t understand.”
“Well, my source didn’t give Benny the Good Housekeeping seal of approval. I’ve still got my doubts about him. But like you said, he deserves a defense.”
“Speaking of which, Jack-now that you’re Benny’s lawyer, just how are you going to defend him?”
“That’s the part I haven’t figured out ye
t.”
After breakfast, Jack called Bruce Sentner and told him of his decision.
“I’ve got a stipulation for substitution of counsel prepared. If you can be available to sign it, I’ll file it today. Can you have the file ready?”
“Jack, this is government,” Bruce responded. “We don’t usually work that fast. However, since it’s you, and you’re taking this file off my hands for God knows what reason, I think we can accommodate your request.”
His second call that morning was to Luis.
“I’ve decided to represent your son,” he told his old friend. There was a long pause. Jack could tell Luis was trying to get his emotions in check.
“Thank you, Jack,” Luis finally replied. “I’ll never forget this. I’ll be indebted to you forever.”
“Don’t thank me yet, Luis. And don’t get your hopes up too high. I can’t change the facts. All I’m doing is agreeing to give Benny the best representation I can. He may still be convicted.”
“I know all that, Jack. I also know you’re putting your reputation on the line. I’m trusting God on this one. God brought me to you.”
Jack wished he had that kind of faith.
“Luis, do me a favor, will you?”
“Sure, Jack. Anything. You name it.”
“Go visit your son.”
“Do you think he’ll talk to me?”
“I think it’s worth another try.”
“Okay, I’ll do it.”
On Saturday morning, with Benny’s file in hand, Jack and Henry left for the airport. Jack couldn’t wait to get back to Bass Creek.
47
Jack and Henry pored over Benny’s file on the flight back, and Jack kept reading through the police reports at home that evening until a vague picture of what happened started to form in his mind. Still, he had lots of questions he couldn’t answer. He shared his bewilderment with Henry, who came over on Sunday morning to work with him.
“I’ve read this file over and over again, Henry, and things just don’t make sense.”
“Take me through it, Jack. Slowly.”
“Okay. Do you remember the credit card incident?”
“Yeah. Carl Robertson’s girlfriend, Angie, reported a credit card missing.”
The Law of Second Chances jt-2 Page 24
