by John Dunning
“Nothing I can put my finger on. They might be a motive for something.”
I looked up and saw Lennie Walsh drive past. He turned in to the parking lot at the hall of justice and sat in his car, smoking and talking to himself.
“Go over and see her,” Erin said. “This time don’t pull any punches. Ask her about the books and see if McNamara will confront her on this confession she’s so eager to give him. Make an issue of it. Tell her if she lies, or evades your questions, you’re out of there.”
“I guess I can do some form of that.”
“However you do it, let’s get a straight story from her and see where we are.”
“One more thing. McNamara wants to know what happened between you two.”
“What for?”
“He says he’s a nosy old bastard who likes to pry.”
“Ha. He asks good questions. That’s one I would’ve asked as well.”
She thought about it, then said, “Go ahead and tell him they had an affair behind my back. See what he thinks of my conflict of interest.”
Again I was shown into the conference room on the second floor. “You’ll have to wait for Parley,” said old Freeman, the custodian. “He’s down talking to the sheriff about another matter and he doesn’t want your lady questioned until he can be here.”
It was a half-hour wait. When Parley came in, he said, “They don’t want to dismiss your ticket outright. I could have Christ and twenty-six disciples lined up to testify and he’d still want to take Lennie’s side of it. They’re all down there now hashing it over. Secretly I think the sheriff is pretty damned mad about it. Like I told you, this is not the first time Lennie’s done this kinda thing.”
Another fifteen minutes passed before Mrs. Marshall was brought in. I couldn’t tell from the sheriff’s expression how the wind was blowing, but he didn’t look happy. He escorted Laura to the same chair and left us there.
I watched Parley, waiting for his lead.
“Laura, we need to talk turkey, you and me.”
“Can Mr. Janeway stay?”
“It might be just as well, for right now, if it was just the two of us.”
“But he needs to be here,” she insisted. “So he can tell Erin what was said.”
He looked at me, clearly annoyed. “Dammit, Janeway, is this woman of yours gonna come down here or not?”
“She’ll come,” Laura said, surprising us both. “I know she’ll come.”
“I talked to her this morning,” I said. “She has not accepted your case, Mrs. Marshall, she certainly can’t be considered your attorney at this point. And for what it’s worth, I think she’d agree with the advice Parley is giving you.”
“This is not a question I’d normally ask,” Parley said. “Now I think you’ve got to tell me what really happened the day Bobby was killed.”
“I did tell you.”
“So far you’ve only said that you shot him.”
She nodded warily. “What else is there?”
“Was there something remotely like a reason? How’d your dress get torn?”
“It was a private matter between us.”
Parley rolled his eyes back and closed them.
“That won’t make any difference anyway,” she said. “What happened is what’s important, not why it happened.”
“Is that what you think? Well, missy, where’s your law degree?”
I saw two things in her face: a flash of anger and an immediate look of regret. “I’m sorry,” she said. “I know I’m making it harder for you.”
“It can’t get too much harder than impossible. You’d better come to realize a few things, and right now’s not a minute too soon. You’re in a bad spot.”
“I know that. I know it. What would happen if I just plead guilty and throw myself on the mercy of the court?”
“You could do that. Without any mitigating circumstances, and based on what I know of this judge here, you might get out in time to see your great-grandchildren graduate from college. That’s if you get out at all, and if he doesn’t fit you for a hot seat at Cañon City.”
“They won’t execute me.”
“Probably not. This state doesn’t have any stomach for its own death penalty statute. The point is, they could; that old man downstairs could put you on death row, where you might sit for years before some other old man commuted it to life. Or he could give you life without possibility of parole right out of the gate. Do you know how difficult it can be to even get something like that reconsidered, let alone overturned? Whatever your reason is for not talking about it now, that’ll look pale as the years pass. You can trust me on this, Laura, if you don’t believe anything else I tell you: the day will come when you’ll wish to God you had listened to good advice when you heard it. Then it’ll be too late. The very best you can expect to do is twenty years of damned hard time. That’s what I want you to think about.”
“What do you think I’ve been doing? If there was anything I could tell you…”
“You can start by telling me why you shot him. And don’t keep saying it’s a private matter. When you shoot somebody dead, there’s nothing private about it anymore.”
“What difference does it make if you can’t use it anyway?”
“Is that what you’re saying? There may be mitigating circumstances but you won’t let me use them even if I know what they are. Is that what you’re telling me?”
“I didn’t say there were mitigating circumstances, you did. That’s different from the reason why, isn’t it?”
“Don’t do this to yourself, Laura. Don’t play games with your lawyer.”
“I just can’t get into it,” she said, and the room passed into a long, deadly silence.
“Let’s try it once more,” Parley said. “Look in my face here, not at the floor. I’m your lawyer. That means you can talk to me and nothing you say will ever get out of this room without your permission. If you’ve got second thoughts about having another party present, Mr. Janeway will leave us in private. This will stay between us. But you’ve got to tell me what happened.”
“I just can’t get into it. How many times have I got to say that?”
“Goddammit, you are into it, you’re up to your pretty neck into it. Don’t look down, look at me and tell me who you’re protecting.”
“No one. No one! Why would you even ask that? I told you I did it.”
“I don’t believe you. I think you’re protecting somebody. Who could that be, Laura? Was it one of the kids?”
Her eyes opened wide. “Don’t say that! Don’t even think that!”
She looked at me and said, “I want another lawyer.”
She looked at Parley. “Why won’t you do what I want? It’s my life, isn’t it?”
“Did Bobby abuse you in some way?”
“No!”
“Did he abuse the kids?”
“No! Stop this! Stop it, I want another lawyer.”
“Well, that’s certainly your right. But any lawyer worth a damn will ask these same questions. This stuff won’t just go away, Laura. And the truth has a way of getting out, no matter what you want.”
“I’ve told you the truth.”
“Yeah, well, I don’t think so. You’re lying right now, I can see it in your face. And I can’t think of anybody you’d lie for except the kids.”
She shook her head.
“Was it Jerry?”
The room turned suddenly hot. Her face was flushed.
“Was it Jerry, Laura? Did Jerry shoot Bobby?”
“You must be mad. He’s a child. For God’s sake, he’s only eleven years old!”
“How old do you have to be to pick up a gun?”
“I’m not listening to this. I want to see Erin.”
“Well, I’ll do my best to get her here. Maybe she can talk sense to you.”
He looked to me, I thought for support. I said, “He’s right, Mrs. Marshall. Erin would ask exactly the same questions.”
“I
f Jerry did this, you’ve got to tell me,” Parley said.
“Stop saying that!”
“As I was about to say, he’s a minor. That would make it an entirely different ball game with its own set of rules. With a kid that young, they look at treatment rather than punishment. If the circumstances—”
“Mr. McNamara,” she said icily, “I think I’m going to ask you to leave.”
“I might as well leave, for all the good I’m doing you. If you come to your senses, you call me.”
He pressed the buzzer and stood near the door. I pushed back my chair. But suddenly Mrs. Marshall reached over to me and said, “Can you stay?”
“You’d better ask your lawyer. Parley?”
“What have we got to lose? Talk some sense to her. Get her to listen.”
The sheriff arrived. Parley said, “Mr. Janeway will remain for a while and talk to Mrs. Marshall as Ms. D’Angelo’s representative. Attorney privilege still applies.”
“Sure, I guess so,” the sheriff said. “On that other matter, I’ve got a deal for you.”
“No deals. I want that citation dismissed. No fine, no points: I want it taken clear off his record.”
“Let’s go downstairs and talk it over.”
“Talk your damn heads off. I’m goin’ out and get us some more witnesses.”
The door closed. I could hear them arguing their way down the hall. The room became quiet as Laura and I waited for the other to speak. She looked to be on the verge of tears again. I smiled at her, half in sadness, half in hope.
“I looked at your books,” I said.
“More junk I’ll have to get rid of.”
“Don’t do that. Not yet.”
“Are you telling me they’re worth something?”
“They’re worth something.”
“Bobby always said they were. I never believed him, even though he spent enough money on them. I thought he was just justifying his habit.”
“I could make you a rough appraisal if you want one.”
She looked as if she wanted to laugh but couldn’t. “What good will money do me now?”
“You’ll have legal expenses to cover.”
“Of course. Of course, what can I be thinking of?”
“I think you could get some real money for those books.”
Her eyes opened wide as the first realization came over her. “How much money? Are you saying I could pay my legal expenses with them?”
“Maybe.”
“What’s so special? They look like ordinary books to me.”
“May I ask where they came from?”
“Bobby started buying them way back when we were young. I never paid much attention. We had more money then.”
“And you never discussed what they were or what he planned to do with them?”
She shook her head. “He was full of secrets. Even when we were kids, he was like that. Erin thought she knew him but she didn’t. She had no idea. God, don’t tell her I said that.”
“There’s no question he owned them?”
“What do you think, he stole them?”
“It’s just a question, Mrs. Marshall. You’re going to need some money.”
“I guess I am.”
“And you need to make sure nobody’s got any kind of a claim on your books.”
“I don’t even know where he’d have kept records of that stuff.”
“Let’s make an effort to find out.”
“What if there’s nothing?”
“Cross that bridge when you come to it. You’ve got possession. A third party would need his own proof to show ownership.”
“This all seems so trivial now.”
“It’s not trivial. You’re gonna need a lawyer. For what it’s worth, I think Parley’s a pretty good man.”
“I’m sure he is. I know he’s trying to do what he thinks is best for me.”
“I take it Jerry is your son?”
“Oh, please, don’t you start.”
“I’m just trying to get it straight.”
“There’s nothing to get straight. Jerry had nothing to do with this.”
“Hey, that’s cool. If that’s how it was, that’s how it was.”
Then, after a long, quiet moment: “You say the boy is eleven?”
She stared at me.
“The reason I ask is it’s bound to come up again. What McNamara’s thinking, others will think. I understand how you’d want to protect him, but it would be smart not to be so touchy about it.”
“Wouldn’t you be touchy if someone accused your son of murder?”
“I’m sure I would. But when you fly off the handle, that doesn’t protect him, it has exactly the opposite effect. When you get defensive, people naturally think you’re covering up for somebody. Who would that be but one of your kids? If he didn’t do it, just say so, but say it calmly, as if the question itself is too ridiculous to worry about.”
“Do you even have any children, Mr. Janeway?”
“No, but I can imagine how fiercely I’d want to protect them. The trouble is, you’re going about it the wrong way. If Jerry didn’t do this, just say so.”
“I thought that’s what I was doing.”
“You were getting pretty shrill. Try turning down the volume and say it.”
“The volume won’t matter now. Parley will never believe me.”
“If Jerry really didn’t do it, you’ll have to convince him. My advice would be to tell him the truth. Whatever that is, just get it said.”
I let that settle on her. At some point I said into the quiet, “Erin is not leaning toward taking your case. You should know that before you chase a good lawyer away. There’s too much old baggage between you, she’d need a waiver, and even then she doesn’t think it’s a good idea.”
“I’ll give her a waiver, I said I would. I’ll sign anything.”
“You’re not listening, Mrs. Marshall.”
“Please. Call me Laura.”
“You’re not listening, Laura. You haven’t seen her in years. You’ve got some notion of her from when you were kids together. Maybe there’s still some of that left in her, I don’t know, but she’s been on her own a long time now. Even if she did come, she’ll ask the same questions, and I’ll tell you right now, you can’t stonewall her.”
“You don’t know how we were. You have no idea.”
“That makes no difference now. If she does come to see you, it may be because of how you were, but I can promise you she won’t stay for that reason. That was a long time ago and a lot of stuff has happened. She might just want to put something to rest between you.”
“She won’t do that.”
We sat quietly for a full minute. At last she said, “What are you thinking?”
“Right now, just wondering how the hell I can reach you.”
“I’ve heard what you’re saying.”
“I don’t think so. Listen, this is what Erin told me to say to you. If you lie, if you stonewall or evade, I’m out of here.”
Her eyes filled with tears. “She still hates me.”
“Laura. Listen to me. That doesn’t matter. It doesn’t matter. Nothing matters right now but getting your story straight. If one of your kids…”
She shook her head. “Don’t say that. Don’t say it anymore.”
“Laura, listen—”
“I can’t let this happen. I can’t.”
“Just listen for a minute—”
“I can’t. I won’t.”
“Did your son shoot your husband?”
“No!” she whispered.
“The only way Erin might come is if you tell me the truth.”
“I am.”
More time passed. At some point I said, “I was a cop for a long time, did you know that? I was a pretty good cop. I had good juice. That means I knew nine times out of ten when I was being lied to.”
“I’m not lying.”
“Laura, you are one of the worst liars I’ve ever seen. Don’t
take offense, that’s actually a virtue. Some people can’t lie. I’ve seen a hundred of ’em try over the years and I imagine old Parley has seen a hundred more. And Erin is better than we are at sniffing out a lie. If you think she’ll ride over here and buy into this, think again. The only possible way to get to her is to stop the lies.”
“I know that. That’s what I’m doing.”
I shook my head.
“I am,” she said. “I am.”
“If that’s your final word on it, that’ll have to be what I’ll tell her.” I pushed back my chair. “I’m sorry I couldn’t be more help.”
I was halfway to the door when she said my name: “Mr. Janeway…”
“Yes.”
“You can’t just walk away like this.” Her voice cracked. “Please, I need you.”
“I know you do.”
“Will you help me?”
“I can’t if you don’t let me.”
“I’m afraid. Oh, God, I’m scared.”
“I know you are.”
“Not for myself,” she said, and I knew then we were finally at the truth. “Not for me.”
Suddenly she said, “Will you stay?”
“I’ll do what I can do. But you’ve got to talk to me.”
“I will, I promise. I trust you.”
“That’s a good start.”
Again I sat in the chair across from her. Tears streamed down her face. She took a deep breath and trembled. “You can’t tell anyone I said this. Only Erin.”
“Okay.”
“You can’t tell anyone else. Not even Parley.”
“I won’t, without your okay.”
“He’ll want to use it. That’s why you can’t tell him.”
The moment stretched till I thought it would break. When she spoke again, she whispered so softly I had to lip-read her.
“Jerry shot him.
“Jerry shot him,” she said again.
“My God,” she said. “Oh, God, I still can’t believe it.
“Jerry shot Bobby,” she said in her disbelief.
She shook her head. “Remember what you said. What you promised. No matter what happens, you can’t tell anyone.”
Then she broke down and wept uncontrollably on the table.
10
“Are you okay now?”
“I think so.”
