by Earl Merkel
Suddenly the air seemed even colder. Without a word, we began walking through the rubble.
It was the last case I would work as a police officer. Two days later, I was handcuffed and placed under arrest.
April 10
Chapter 2
There is a psychology to the penal system that to me had always seemed either deviously subtle or crushingly blunt. The placement of what is perhaps its most notorious penitentiary, as I neared its grounds, appeared to cover both extremes.
A few miles outside Joliet, as you approach from the north over the rural roads that wind past sprawling car auction markets and the staked fields of undeveloped subdivisions, you come upon a sight that seems puzzlingly out of place. Dozens of white and gold squad cars are lined up in front of a modest-sized yellow brick building. A sign identifies it as District 5 Headquarters of the Illinois State Police, whose primary responsibility is patrolling the vast miles of expressways and Interstate highways that crisscross the Land of Lincoln. Here, miles from the nearest Interstate exchange, so much law enforcement so prominently displayed seems incongruous, a mistake.
And then, almost before you know you are upon it, the massive complex that is Stateville Penitentiary rises up from the prairie as if to pounce. Always faceless, always menacing, the mismatched collection of 1930s-style masonry and 1960s-style concrete construction stands as coldly impassive as a street tough in a stare down on his own turf.
Civilians driving past unconsciously ease off the pedal and shoot a guilty glance at their speedometers; parents instinctively use it to quiet children unruly in the back seat, transferring the sudden tightness in their own stomachs to a new generation. A few irate taxpayers might, a moment earlier, have expressed outrage over the apparent excess of armed police support so readily available; now, on a far more elemental basis, they suddenly worry if there is nearly enough.
I turned my aging Pontiac onto the long driveway that runs past the guard booths and checkpoints in an unbending line. Before me was the Main Administration building, built of brick the color of dried blood, constructed back when there was no debate over whether incarceration was meant to rehabilitate or to punish.
People come to Stateville for a litany of reasons and motivations. Most have no choice. Some, a few, come on their own volition out of some sense of duty or charity or personal obligation. But once inside Stateville, the effect it has on each of them is uniformly similar. It is a malevolent shadow, a silent chorus of violence and fear and hopelessness.
I felt it, considered how close I had come to a sentence here or somewhere much like it. It was not a pleasant thought.
• • •
My lawyer had shaken my hand, though his enthusiasm was blunted by a confusion he was unable to completely conceal.
“Lucky break, that,” he said a little too genially. “One doesn’t often have videotape evidence ruled inadmissible—at least, not because of a missing report in the case file. It made our entrapment claim much more difficult for them to disprove.”
I had nodded, staring through the rain-spotted courtroom window at a raw day in early March; I was trying hard not to look like a man either surprised by an unusual legal decision or relieved by it.
Everyone involved had played their assigned roles to perfection. For example, there was the prosecution’s primary witness, a veteran Cook County detective. The assistant state’s attorney led the man through a recitation of his background and expertise. But despite years of undercover experience on his résumé, the detective had been surprisingly inexact in his recollection of the bribery solicitation made to him only months before.
The transaction had been dutifully recorded by a hidden surveillance camera. Video evidence usually made for a powerful case.
But at that point my lawyer had moved to suppress the recording, on a technicality that had sounded weak even to me. There had been only a cursory objection by the prosecution; as the judge ruled in his favor, my defense counsel was unable to hide his own surprise.
The State had called one other witness, a county deputy who testified that he had known me for years. Now, responding to curiously lackluster questioning from the prosecutor, he testified he could not positively identify the defendant as the man he had observed accept the bribe money.
There was no cross-examination of the county deputy. There was none needed. Without the tape itself in evidence to bolster his testimony, the judge had acted quickly upon my attorney’s motion to dismiss all charges.
“Without prejudice, Mr. Davey,” she had emphasized. “Should the state’s attorney decide to re-file these charges at a later date—on the basis of admissible evidence—that option is open to them.”
She waved in the direction of the court stenographer. “Off the court record, and as a personal observation—sir, you are a very fortunate man. Crooked cops have a very hard time in prison, which is where I certainly would have sent you. We’re back on the record. This case is dismissed.” And she rapped the gavel once, hard enough to signal her displeasure with the outcome.
From the corner of my eye, I noted the figure who had risen in the back of the courtroom, a well-dressed man with hair that showed careful attention by an expert barber. He slipped out the frosted glass door without a backward glance.
• • •
I walked down the black-and-white tiled corridor, marching in an unintentional lockstep with the uniformed corrections officer who had introduced himself as Orval Kellogg. Kellogg had dispassionately watched me sign the fanned-out forms that absolved the State of Illinois of responsibility should any mishap occur inside the facility. One of the various papers that now bore my name had assured me that, in the event I was taken hostage, there would be no attempt to negotiate my release.
Kellogg was gray-haired and middle-aged, built strong with a thickness throughout his body that displayed no hint of softness. Corded muscles in his forearms pushed against the starched white twill of his uniform shirt. A set of green sergeants’ chevrons on each sleeve had the muted look of many washings since they had first been stitched on. Kellogg’s skin was the color of lightly creamed coffee, his cheeks pocked with purplish nodes of ingrown beard.
He also had a look not uncommon here, one I had seen in people on both sides of the bars. Orval Kellogg had witnessed everything imaginable in this place; in some bleak moment of his soul, he had granted it permission to forever fester in the darker corners of his mind.
“He says he’s ready to cop’erate, and the li’l taste he gave up was good enough for your people to want the rest,” Kellogg said, in a voice that carried undertones of red clay and kudzu.
“They’re not my people anymore,” I replied. “Does he know I’m not a cop now?”
Kellogg shrugged. “He knows. Tol’ the guy they sent here first he don’t care if you was law or King of the fuckin’ Gypsies—he was going to talk to you or nobody. Says the rest of us could kiss his sweet white ass. His words, exac’ly.”
I nodded. It sounded like vintage Sam Lichtman, a man who truly believed himself gifted in expressing his every thought or desire. And why not? So many people had always appeared so anxious to comply. Often, it had taken nothing more than a pointed glance to have people stumbling over themselves on his behalf.
Sam Lichtman had convinced himself that he had a lyrical streak, the soul of a poet. But during a long and increasingly violent career, a series of prosecutors, judges and juries had decided that any poetry in Lichtman’s soul could not be detected with then-current technology. Even if it had existed, it would have been the sole characteristic of his personality that was remotely more than reptilian.
“I never knew we were all that close,” I said. “The last time I talked to him was four, five years ago. He skated—a theft ring we couldn’t tie him to. He didn’t give up word one back then. What makes him so talkative now?”
Kellogg snorted. “They didn’t tell you? He’s dyin’.” He walked on a step or two before realizing I had stopped dead in my
tracks.
“Yeah, ain’t that a kick? Man’s on death row for three years, fin’ly gets his sentence turned over. Lawyer convinced some judge they fucked up on evidence in th’ first trial, lets him cop to manslaughter two. He was maybe lookin’ at parole in another year, tops. Then, whaddaya know?—man finds out he’s got a brain cancer. They give ‘im a month or two. Me, I figure he’s mean enough to last three.”
Kellogg passed the paperwork through the grillwork to a guard and nodded in the direction of an interview room on the secure side of the steel grate.
“Kinda makes you b’lieve there really is a God, y’know?” he said with a cold thin smile in which his eyes played no part.
• • •
As a species, Sam Lichtman was not unique. Mutant varieties have spawned themselves on the streets of every major city, individuals who used a native cunning and instinctive viciousness to find their own definition of success outside the pale of civilized society. Lichtman was freelance, operating on the periphery of what newspapers tend to call “organized” crime. He had carefully threaded his way through the often complex boundaries, rules and fiefdoms of the criminal underworld. He was considered a solid citizen of his particular universe, paying without complaint the street taxes levied by bosses. In turn, they granted him permission for the incidental warehouse theft, extortion or robbery he engineered in their territories.
Word was that he was available as the occasional button man when an outside enforcer was needed. The fact that he played no favorites on such assignments gave him a measure of immunity among the various families and factions who utilized his services.
In the quid pro quo of the street, this also earned him entrée to many otherwise unadvertised opportunities in his selected field. By the time he went down for killing a Jamaican whose ambitions had included part of Sam’s action, there was no doubt that he was one of the more active freelancers in the very active Chicago area.
In the outside world, he had been a sharp dresser, favoring dark, expensive suits and custom-made shirts. When it suited him, Lichtman could display a rough-edged charm that belied whatever prowled the subterranean levels of his mind.
But the people he did business with, even the ones with their own reputation for violence, tended to avoid working a second time with Sam. Many of them, in fact, would cross a busy street if they saw him on the sidewalk ahead. They knew Lichtman as one of their own: a street-smart tough with a reputation for muscling his way into a wide variety of “deals” that had as their common denominator a tendency to turn nasty.
But they also knew him for more, for what he really was. Few men—at least sane ones—were not, on some very personal level, afraid of Lichtman.
There was still some of the old Sam Lichtman in the convict who sat behind a steel table in the interview room. He still had the full head of black hair, though the temples were now fringed with silver just above each ear. The set of his mouth, lips twisted in a vague, superior smirk, was unchanged. The eyes were still a chilling blue, and they still never seemed to blink when he pointed them at you.
But there were new lines on his face, and an unhealthy pallor to his skin that was somewhere between gray and yellow. It came from something even darker than confinement in a sun-starved cellblock.
Sam Lichtman looked up into my eyes and raised both his hands in an awkward gesture.
I took it to be a greeting until the convict twisted his head to put the cigarette into a corner of his mouth. The wrist manacles, attached to a chromed chain that led to a ring eye solidly bolted to the table, glinted in the room’s hard institutional light.
Lichtman fumbled with a book of paper matches until I took it from his hand and lit the cigarette.
“Been a while, Sam. I’m sorry to hear about your problem.”
He took a long, pensive drag, and blew out the smoke in a sharp exhalation. “Yeah—well. You know, shit happens. This time it happened to me. Maybe I was overdue, you think?”
It wasn’t a conversation I wanted to have.
“C’mon, Davey—now’s your chance. Don’t you want to know if I’ve found Jesus? You wonder if I wake up screaming a couple times a night, maybe? You want a little payback for the old days, go for it. Take your best shot.”
I looked over Lichtman’s shoulder at the raw concrete wall and pretended to look bored.
The convict barked a single harsh laugh. “Yeah, I know. Life’s tough all over, right? ‘Sides, you got your own troubles, don’t you?”
“You know I’m not a cop anymore, Sam. I’m also not a priest, or a shrink, or a social worker. If I had anything better to do, I wouldn’t be here now.”
“But here you are.”
“Give me a reason to stay, Sam. What do you want from me?”
Lichtman’s mouth twisted in derision. “I want to see a cop, all I got to do is look around,” he said. “I want to talk about my goddam immortal soul or my bad upbringin’, I got people for that, too. You’re here ‘cause maybe I want to do you a favor, okay?”
“Same question, Sam. Why me?”
He was silent for a moment in a way that I sensed was uncharacteristic for the convict.
“Remember Hugo Castile?” he asked, almost noncommittally. “Made man, ran a crew for the Morelli family up by Waukegan?”
“I remember how he looked stuffed in the trunk of his Chevy,” I said.
Lichtman nodded.
“Then maybe you remember there were a lot of people who wanted to see me tagged for it. Bullshit. You whack a made man, you either got a death wish or a license from the top guys. Way I heard it, some people on both sides of the fence had a real hard-on to tie me into it. Word was, you kept it off my head. That the way it went?”
“The way it went, Sam, is that we arrested the guy who did it. That time, it didn’t happen to be you.” I glanced pointedly at the manacles Lichtman wore. “Next time, it was.”
“Uh-huh. They tell you that I got the murder rap reduced? Six months, maybe less and I’d have been out on time served.” He shook his head. “This fucking thing I got growing in my brain. It’s called a glioblastoma. After the doctor told me what I had, I had her write it down. Looked it up myself in the prison library.”
He took a deep pull on his cigarette.
“Bad shit, Davey. Real bad. There’s no cure. Where it is, they can’t cut it out without killing me straight up. It’s too far along for radiation, and the smart money says not to count on no chemotherapy.” He sounded perversely proud of his scholarship. “Can’t get the chemicals through what they call the ‘blood-brain barrier.’ Least, not enough of ‘em. So I’m completely fucked, man.”
He stared at me, his chained hands holding the cigarette so that it pointed at my face. “I heard about you, Davey—even in here, ‘specially in here, you hear when a fine, upstanding guy like yourself steps in shit. You’re in the joint, a cop you know gets caught with his hand in the kitty, it’s like Christmas, right?
“But you know something? I didn’t believe it for a minute. I said to myself, Nah. Not my man Davey. He may be wound a little too tight sometimes—now, I’m just repeating what some people say, okay?—but he’s stand-up all the way. Even when you were—what? Locked up in County a month, right?—hey, I figured it was a cooked deal. They were just setting you up with a story so you could go under and play secret agent. You were just too straight arrow to be on a pad. Not for no goddam chop shop operators. And then your trial. You walk—on a technicality.”
His cold blue eyes fixed on me, unblinking. “Well. Whatever—but things must be getting kinda tight about now, huh? Say, maybe you were bent, eh? Just a little? I mean, you’re not exactly a virgin, my man.”
He chuckled. “You used to raise some serious hell with the semi-tough guys, Davey. It got to be a contest for some of ‘em, how fast they could get you to smack ‘em upside the head when they mouthed off. But you really lost it once or twice, didn’t you? Not cool, ‘specially when you’re the law. I heard they even s
uspended you for a while, once.”
He smiled coldly. “Bullshit stuff, sure. But then there’s this bribery business, Davey. Must be hard to get any kinda job, much less as a cop, when you’re carrying that kind of shit on your sheet. Even when it’s thrown out, people remember, don’t they? Figure there’s gotta be something there, at least a little fire for all that smoke.”
His voice became oily, insinuating. “After all, lotta people remember your old man. Acorns falling near the tree, know what I’m saying?”
He waited for me to respond. We stared across the table, holding each other’s eyes for several beats longer than what would have, in different circumstances, ended in blood and broken teeth and perhaps a resolution that no judiciary could overturn. Then Sam Lichtman bent forward, took a final deep drag and dropped the still-burning butt on the concrete floor.
“So what are the chances that we’d both be here, two old buddies who both get busted, both get taken off the table and outta the game—and then both get overturned? It strike you as unusual that somebody fucks up both our cases so bad that the evidence gets thrown out? Or you just like to call that pure dumb luck?”
“What do you call it, Sammy?”
“If you got the balls, I call it your ticket back, Davey-boy.”
Lichtman prodded a new cigarette out of the pack before him and popped it into his mouth. Handcuffs clinking on the steel tabletop, he pushed the matches to me.
“Light me up, Davey. Hey, how much you know about collecting art?”
Chapter 3
It was after sundown when I drove back to Lake Tower from my meeting with Sam Lichtman. The darkness was soothing, a companion of sorts. In recent months, I had found it to be a presence I could talk with, or at least to. On the long drive back north, it let me ponder Lichtman’s story.
I dismissed Lichtman’s implied reason out of hand. Gratitude? For not participating in a frame-up? I shook my head doubtfully; my recent experiences had soured me on the milk of human kindness—at least, those that went uncompensated. It did not compute: try as I would, I had no success at making Sam Lichtman fit the role of grateful benefactor. With the Lichtmans of the world, there would always be something else—or at the very least, something more.
