Breach Of Promise

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Breach Of Promise Page 35

by Perri O’Shaughnessy


  “How much did we lose?”

  “We might get seventy million for it if we can sell it. Less if we liquidate and just go out of business.”

  “But,” she could barely contain her shock, “how could that happen? I mean, at the beginning of all this, wasn’t it worth at least two hundred?”

  “Months of neglect,” he said simply. “I let it go, along with you.”

  “Seventy million. Mike, that’s my share. That’s the judgment my lawyer’s writing up right now.”

  “So I’m told. I didn’t get it at first, but my lawyer says it’s the value of the business from the time we-”

  “Yes. From the time we split up. Well, that’s awful news, Mike. I’m sorry.” She thought. “You’ll appeal the verdict then?”

  “No. I’m done with courtrooms.”

  “Mike, why’d you have to be so pigheaded-”

  “Please, Lin. Not now.” Here was her chance to rub his nose in his failures, all of them, but how could she with him looking so collapsed and old in his defeat? She actually reached her hand out toward his hand, but thoughts sprang into her mind to arrest the gesture. On the witness stand he had barely admitted her role in the business. He had denigrated, insulted, cheated, and betrayed her… and all the while Rachel had whispered in his ear, touched his arm… she returned her hand to her side.

  “Listen.” he went on obliviously, apparently too wrapped up in his own inner struggle to admit hers to his consciousness. “You want to know the worst thing? The worst thing is I don’t understand what happened to me. One day we were happy, and the next day I jumped into a bottomless pit.”

  She bit her tongue, going back into the kitchen to get him another beer. When she returned, he had another stone between his fingers. He turned it back and forth in the light, his face intense and absorbed.

  He set the stone back into the sack. “Rachel left me this morning,” he said, his eyes fixed on the sack, not her.

  Lindy folded her arms. “The receiver’s report.”

  “She read it. Then she set it down on the dining room table and she swung her purse onto her shoulder, and she said, ’Bye, Mike,’ and walked out the door. Went back to handsome Harry, is my guess.”

  “And you came straight here to cry on my shoulder.”

  “No, Lin, I…”

  “You have some nerve,” Lindy said, unable to hide the anger vibrating in her voice.

  “I came to tell you you were right. You’re smarter than me, Lindy. You’re smarter about living your life. I was too old for Rachel and she was in it for the money.”

  “Now you figure that out?”

  “I guess I knew, Lin, but I wanted her anyway. There’s no excuse, no explanation. I just lost my way.” He didn’t say anything more.

  Lindy hadn’t seen Mike as rattled as this since the old days in the ring, after a few bad thumps on the head. “Well, I guess you loved her,” she said.

  “For a month or two.”

  “Was it all because we never had kids?”

  “Only a little.”

  “Still, too bad we didn’t. Then we’d have something more important than money to fight about.” She laughed slightly.

  Mike was looking at her. “You let your hair go natural. And it’s longer than I remember. I like it. Goes great with your suntan. You look strong again. During the trial, I was worried about you.”

  “Don’t you sweet-talk me.” She didn’t tell him she had worried about him, too. What would be the point?

  Mike slid out from behind the table and came around behind her. Leaning his head down, he rested it on her shoulder. He stroked her hair, pulling it gently back, running his fingers through it. “I guess that’s all. I guess I should go.”

  “Yes, you should go now.”

  He pulled her up from her chair, and made her face him. He took both hands in his. “I apologize, Lin,” he said, putting his cheek against her cheek, “for ruining everything.”

  “I don’t trust you anymore,” she said.

  “I know.”

  With her eyes closed, she tasted the salt of his sweat.

  32

  “You the public defender?” Sonny Ball sat in the glassed-in cage at the county jail talking through a telephone. He moved fast and jerky, like a man about to jump out of his skin.

  “Sorry, no. I’m from Nina Reilly’s office. I’m talking with all the jurors in the Markov case.”

  “I don’t have time for that. I’ve got my own trouble.” Sonny twiddled the phone, nodding his head rapidly to music only he could hear.

  “Looks to me like you have time to burn, Sonny,” Paul said.

  “Which explains why I need a lawyer.”

  “If your lawyer comes in, I’ll leave.”

  “Yeah, do that. So here we are. What you want to know? Your team won, didn’t it?”

  “Well, we always want to do better,” Paul said. “It helps to interview jurors whether you win or lose. Find out what mistakes we made or what we did well.”

  Sonny rolled his tongue around in his mouth. “What do I get out of it?”

  “Well, I can’t pay you, but-”

  “Make a phone call for me?”

  “Sure, I guess so.”

  “Here’s the number.”

  Paul wrote it down.

  “Tell him to get down here and bail me the fuck out.”

  “Will do.”

  “All right, then.” Sonny assumed a hilariously serious expression, still drumming and twiddling and nodding all at once, and said, “Ain’t this a laugh? I do my civic duty, and they check my name out and find this stupid drug warrant. They arrested me the minute I walked out of the jury room that day. That’s the thanks I get.”

  “Your service on the jury was greatly appreciated.”

  “Think it might help get me outa here?”

  “I can’t make any promises.”

  “It’s not like I got caught doing a line in the jury bathroom.”

  “I don’t want to hear about it if you were. I’d like to talk about the last day of the deliberations.”

  “Sure, sure. Sure.”

  “You ended up voting for Lindy Markov.”

  “Right.”

  “Mind if I ask what factors influenced you most?”

  “I didn’t like Markov. He’s the kind of guy that always takes advantage and gets all the credit. A bastard pain in the ass. Also, the girlfriend was very uppity. She never even looked at me once. And I heard so much bullshit in that jury room, my brain ached. It was time to go. And then there were issues.”

  Paul wrote it all down.

  “Put down that I felt that an implied contract existed. And her old man made her sign that paper, so it didn’t count.”

  “I understand that at one point, just before Mr. Wright collapsed, you were about to change your vote and vote for Mr. Markov.”

  “Yeah. I just about did. Then Cliff went down. You should of seen his face. I’m thinking twice before I eat Chinese again.”

  “Why were you about to change your vote, though?”

  “Cliff went to work on me.”

  “His arguments convinced you?”

  Sonny stopped dancing with his head long enough to let out a snort. “He caught me at the morning break, said a few things that made me reconsider. I resisted as long as I did because I thought Markov just flat out lied on the stand. He had a shifty look I’ve seen a few times before. And were we supposed to believe the crud he said on the stand, about forgetting this and forgetting that?”

  “What changed your mind?”

  “Just before lunch Cliff started in on me in front of everybody else. Hey, he had a point about Lindy Markov. She was kinda pretty for such an old lady. Probably was messing around. He really needed my vote to win, and the three women weren’t about to shift over to Mike. So, I reminded myself how a guy like Cliff might turn out to be a better friend than enemy.”

  “What did he say to you?”

  Sonny looked irritated at
the question. “Oh, maybe he’d get me a job or something.”

  “He said that?”

  “Let’s just leave it that he knew how to persuade people.”

  “But after he, um, collapsed, you ended up voting for Mrs. Markov.”

  “Well, old Cliff wasn’t in any position to help out anymore, was he? So I went back around to my original vote, like the judge said to do.”

  “I’m curious,” Paul said. “Why would Cliff pressure people into his point of view? Do you think he had some special connection with Mr. Markov?”

  “No,” Sonny said. “It had nothing to do with Markov. He was a power-tripper. He had to beat out the women, that was it. The mountain climber with the steel-shank shoes, the real-estate lady, and the cute little student. Courtney. He had to prove he was better than them, by winning the fight.”

  “But why?”

  Sonny looked pityingly at Paul, saying, “You know. Sure, let ’em win, let ’em cut your balls off. That’s what he said to me. Enough said?”

  Paul shrugged and said, “Okay. Except you didn’t feel that way yourself.”

  “That’s because I wasn’t concerned about those women doing anything I didn’t want them to do with my balls,” said Sonny.

  “By the way, did you see the lunch as it was brought in that day?”

  “We all did. We were hungry. It smelled good.”

  “Did anybody go out in the hall before the lunch came in?”

  “We had a break and everybody ran around, smoking, drinking, snortin’.” He guffawed. “What the hell do you care about our downtime?”

  “Did any of the women go out in the hall before the lunch came in?” Paul asked insistently.

  “I was busy, okay? Who knows and who the hell cares?”

  Courtney lived with her mother in a big ranch-style family home in the Tahoe Keys. When she answered the door, Paul was surprised to see Ignacio Ybarra, another ex-juror, with her. He was holding her hand.

  They talked for several minutes, but as Paul suspected, neither one shed any light on Cliff’s death.

  “Can you think of anyone else who might have gone out into that hallway where the food was?” Paul said, right before leaving. “Anytime in the hour, say, before you broke for lunch?”

  In unison, they said, “No.”

  “Are you saying someone poisoned Cliff?” Courtney asked.

  “Of course not. But, just for the mental exercise, if someone were going to poison him, who would it be?” Paul said.

  “No one!” said Courtney.

  “Diane,” said Ignacio.

  Paul ate his lunch at a new Mexican restaurant that had just opened up at Round Hill Mall, then drove back into town wiping chile colorado from his lips. He wondered if he would know whether Diane Miklos had dropped something peanutty into the cartons the minute he saw her. Sometimes it worked out that way.

  She lived in a chalet-style home on the hill going up toward Heavenly. Paul parked around the corner in a fine stand of ponderosa pine and reviewed his notes. Midforties, old for a climber. Genevieve had placed an article from a climbing magazine about Diane’s exploits into the file. Diane had come to the mountains late, spent a couple of years getting in shape and taking mountaineering courses at Jackson Hole and North Conway, both good places to go, and then climbed several Sierra peaks. She had acquitted herself well and headed for the Alps for a year, making a winter ascent of Mont Blanc, no mean feat, and apparently there hooked up with the climber, Gus Miklos, a man from Athens with a world-class reputation. They had married a few years back, and occasionally climbed together.

  She had set her sights on the Seven Summits, a goal Paul could appreciate. The idea was to climb the tallest mountain on each continent, including, of course, Everest. Besides Mt. Elbrus, the European summit, she’d managed to bag the Carstensz Pyramid in Indonesia, Aconcagua in Argentina the previous year, and Kilimanjaro the year before that. Everest and the others, Mt. McKinley in Alaska, and Mt. Vinson in Antarctica were still in the future, if she lived that long.

  Paul found all this very interesting. He hoped Diane Miklos hadn’t killed Wright. She must have real character to live out this particular dream.

  She didn’t answer the door at first, so he rang again. She finally opened it and groaned when she saw him. “I forgot you were coming,” she said. “Do we have to do this?”

  “I won’t keep you long. We really appreciate your time.”

  “You may as well come on in, then. Don’t mind the mess.” She sat back down in the middle of the floor. The entire room was heaped with rucksacks, duffel bags, stoves, ropes, pitons and anchors and hooks, helmet, food packets, deep-loft parkas, maps, books, and boots. She picked up a piece of what looked like parachute cloth and went back to mending it. On the table lay a camcorder and boxes of film. “Well?” she said.

  A small, well-built woman with narrow blue eyes and a firm mouth, she lifted her head to listen to him.

  “Where are you headed?” Paul said.

  “Everest.” All he could see of her was a bright haystack of hair and the busy, competent hands. “They had a cancellation. I got an unexpected opening. I’m leaving tomorrow.”

  “Is your husband going?” Over on a buffet behind a rough oak dining room set, he saw a picture of a grinning, dark-haired man wrapped in red parka and ski glasses with nothing but blue behind him.

  “He did Everest in ’94. So, no. I’m on my own, so to speak.”

  “I’m impressed.” He was. He let it show in his voice.

  “Wait till I make a successful summit for that.”

  “I was in the Peace Corps in Nepal,” Paul said, “a long time ago. Trekked up to Base Camp, went up Kala Patar to see the big mountain. The jet stream was pluming off it and had blown all the snow off the summit. Any climbers must have been blown right off, although the sun blasted down so fiercely we were wearing T-shirts. Dark-blue sky, white mountains all around, and that squat black pyramid, up so much higher even from eighteen thousand feet.” He could picture it all. “You going to fly into Lukla?” he asked. “If so, I hope they’ve improved the airstrip since I was there.”

  “Don’t try to scare me,” she said, but she caught Paul’s smile. She was thawing. “Usually the first thing people want to know is how much I am paying to have some hundred-twenty-pound Sherpa drag me up on a short rope, as if I haven’t been training and climbing for years, and as if my survival won’t be up to me at all.”

  He could guess how much she was paying. He wanted to know where she got her money. “It is expensive.”

  “Yes, well. I have a wealthy sponsor for this trip.”

  “Anyone I might know?” Paul asked. Did Lindy pay money to Diane to find out what was going on in the jury room? Did she pay her to guarantee a positive verdict?

  “Nope. I have a dear ex-climbing buddy with wobbly knees who managed somehow to scrounge the money for this. She has nothing to do with the Markovs, if that’s what you’re suggesting.” She was getting defensive again.

  “Well, you know and I know you’ll have to be extraordinary to get up there. There’s been so much publicity lately about the tragedies on Everest, but I hear you waltzed up Vinson in extreme conditions last January.”

  “Waltzed?” She slapped her knee, laughing. “I staggered up and tottered down. I have never been so cold. But it was beautiful. I want to go back and climb in the Trans-Antarctics sometime. Incredible mountains, the bases buried in the ice sheet, whole ranges nobody’s ever set foot on.”

  “You’re braver than me,” Paul said. “Would you be the first woman to make it up all seven?”

  “No. Junko Tabei first did it in 1991.”

  “How did you get into climbing?”

  “A friend introduced me,” she said briefly. Then, as if she couldn’t resist, she added, “I used to be a professor of political science.”

  “I know that. From the jury questionnaire. I figured you must have a social conscience, and that’s why you decided to serv
e rather than find some excuse to get out of it.”

  She got up with a swift, lithe movement, turned to some items in the corner, and began sorting through them, her back to him. “Put this down in your report, if you want. I’ll never do it again. I’ve never seen such a bunch of goons.”

  “Yeah, I’ve already heard a few stories.”

  “You mean the scream? I was driven to that. But they were so irrational most of them, so taken in by that wolf in sheep’s clothing, Cliff Wright. I finally blew my stack. I hope the verdict stands up. Tell Mrs. Markov it was a near thing.”

  Paul nodded his head, saying, “I heard about that, too. What do you think saved the day for us?”

  Diane turned around and put her hands on her hips. “As you have no doubt also heard, we had Rasputin running the jury. He had them all hypnotized, all except Courtney and Mrs. Lim, and Sonny. I felt truly sorry for our system. And then Rasputin was gone and the alternate came in, and sanity was restored.”

  “Are you talking about Cliff Wright? Incredible, him getting sick.”

  “At such a pivotal moment, too. And I read it was peanut oil in his food. I wonder if it really was the restaurant, or if somebody didn’t just put a few drops on his egg roll.” A surprisingly direct person, she certainly wasn’t stupid, either.

  “Why, who would do a thing like that?” Paul asked.

  “Wish I’d thought of it. Mrs. Lim was seething, but she didn’t show it. Maybe she took him out. If so, I’ll testify in her defense. There were mitigating factors.”

  She seemed quite matter-of-fact about these events. Sitting back down on the floor, she pulled her legs up into a full lotus. Her gray Ragg socks reminded Paul of his own half-forgotten days in the mountains. Noticing him watching, she said, “Suppleness is almost as important as strength.”

 

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