The Last Chance Lawyer

by William Bernhardt

  He waved at her. She spotted him and approached. “You been here all day?”

  “You know how I am. If you won’t let me inside the room, I can at least stay out here and absorb the ambience.”

  “Whatever floats your boat. The grand jury returned an indictment against your client. I’ll send a copy to your new office.”

  “That’s all right. I know what they look like.”

  “You don’t seem shocked.”

  “The grand jury is your personal plaything and we both know it. You can say anything you want in there.”

  “Are you suggesting I would lie to the jury? Because that’s a potential ethics violation.”

  “I’m sure you wouldn’t do anything that improper.” He paused. “You might exaggerate a bit. Make your case sound stronger than it is. But we all do that.”

  She almost smiled. “We do indeed. In any case, the jury chose to indict. And it didn’t take them long to decide either.”

  “You have a dramatic case. I’m sure you milked it for all it’s worth.”

  “Don’t discount the mental acuity of the grand jury. I don’t think we give juries enough credit.”

  “Yes, they looked like they were chosen based upon IQ scores.”

  “More like randomly selected driver’s licenses. But I think they followed the chain of evidence.”

  “Really? Because when the door flashed open for a moment about halfway through, it looked to me like one of them had fallen asleep.”

  “Be that as it may, the indictment is in. See you in court.”

  She started to turn, but he stopped her. “I saw your entourage a moment ago. Are they all working on this case?”

  “Yes. I’m the lead prosecutor, but the other four are helping.”

  “The DA assigned five prosecutors to this case?”

  “Are you surprised? It’s Murder One. The case has received a ton of publicity. We can’t let this slip through our fingers. Or be stolen from us by tricky defense lawyer tricks.”

  “Oh, you wound me. I don’t actually have any tricks. I just prevent prosecutors from digging into their bag of baloney.”

  “Please.”

  “I suppose I should take this as a compliment. The DA thinks you need five people to counter little ol’ me.”

  “What can I say? Someone up top really wants a conviction.”

  “And by ‘up top,’ you mean, higher than the district attorney?”

  “I can’t comment on interoffice activities.”

  “Like maybe someone at the federal level?”

  “Again, I can’t comment.”

  He didn’t expect she would. But it was a reasonable inference. He’d handled high-profile cases before, but he’d never seen one allocated this level of attention.

  Jazlyn still seemed antsy, unsettled. A few days before, she’d been relaxed enough to go back to a sailboat with him. Now she acted more like she wanted a restraining order. “Have I done something to offend you? Other than, you know, my job.”

  “I told you before. I’m fine.”

  “It’s about the other night, isn’t it? If I did something inappropriate, I apologize.”

  “You were fine. I shouldn’t have gone with you. That was a mistake.”

  “Was it so horrible?”

  “I’m not saying that. I’m saying it was inappropriate. I’m a prosecutor, you’re a defense attorney and frequent opponent. I think the alcohol was talking to me more than common sense.”

  He peered into her eyes. He heard what she was saying, and in a cliché way, it made sense. But he couldn’t shake the feeling that something more going on. “Maybe we could try again? You have to eat.”

  “Are you kidding?”

  “No, I’m pretty sure you have to eat.”

  “First, I have no spare time now that I’m lead prosecutor on this murder. Second, we’re on opposing sides of a hugely publicized case. If the press saw us out together, my head would be on a platter.”

  “Well then, when the case is over.”

  “I think it’s best we forget that happened and don’t make the mistake of repeating it.”

  He continued staring into her eyes. “This isn’t because the evening went badly. This is because it went well, isn’t it?”

  “I don’t know what you mean.”

  “This isn’t because you’re embarrassed that you went to the sailboat with me.” He tilted his head, still peering into her eyes. “Are you feeling insecure because I didn’t push for sex?”

  “Don’t be stupid. I need to get back to my office.”

  She started to turn away, but he reached out and touched her wrist. “Look, I just didn’t want to rush things.”

  “Seriously? You?”

  “It’s not inconceivable.” She started to leave again, but he held her in place. “I can assure you it wasn’t because I’m not attracted to you. In fact, I think you’re drop-dead gorgeous and sexy as all get out. I was just hoping to... you know... get to know you better. First.”

  “And I’m supposed to believe this? Even though it goes against...everything everyone knows about you?”

  “Maybe everyone doesn’t know me as well as they think they do.”

  “Whatever. Please release my wrist before I file sexual harassment charges.”

  “As you wish, Princess Buttercup.” He held up his hands. “You know, pardon me for stating the obvious, but you mentioned that you weren’t having luck with relationships. I’m beginning to see why.”

  “I don’t know what you’re talking about.”

  “You said your clock was ticking, yadda yadda yadda.”

  “I should never drink wine. Please don’t make this any cringier than it already is.”

  “I think we have things to discuss.”

  “Yes. The murder case. The prosecution will produce any and all exculpatory evidence at the proper time, though at the moment, I don’t know what that would be. All the evidence points toward your client. We have a rock-solid case, so don’t expect a generous plea bargain.”

  “Gabriella says it’s a frame. She wasn’t involved in Emilio’s illegal activities, and knows precious little about Sanchez’ illegal activities. She was only at the scene because she was running an errand, she didn’t kill Sanchez, and she didn’t see who did.”

  “And you believe that? Let me tell you, Dan, if you go into the courtroom with that story, we’re going to destroy you.”

  He wondered if that was true, or if she was trying to be intimidating. Either way, he had a deep and substantial feeling that there was too much about this case he didn’t know. He needed to start talking to people.

  Jazlyn hesitated. “But let me just offer this to you, Dan. A bit of advice. Or if you prefer, a warning.”

  “This is the part where you try to scare me off the case, right? I’m not going anywhere.”

  She drew in her breath, then spoke slowly and carefully. “Whether you want to accept it or not, I’m only saying this because I do actually... care... somewhat, about you. In a vague sort of way. Listen to me. You cannot win this one. I know you’ve pulled a lot of rabbits out of your hat in the past, but this case will not be one of them. And if you continue to cause problems, we’re going to slam back at you, hard.”

  “You think your case is that good?”

  “I do. But that’s not what I’m saying. Look into my eyes, Dan.”

  He did as she instructed.

  “You cannot win this case. The evidence against your client is conclusive, and there are powerful forces who want this wrapped up cleanly and decisively.”

  “You’re talking about feds? Immigration? Higher?”

  “I don’t want to see you get hurt. You just took a severe career blow. One more and you won’t have a career. There will be no one to save you next time.” She leaned in even closer. “Your client is going down. I don’t want you to go down with her.”

  Chapter 18

  Dan was back at the jailhouse, waiting to be escorted to the
visiting room, ruminating on its pungent odor, oppressive lighting, and stylish Plexiglas divider. This time, he wasn’t here to see Gabriella. He would like to see her later if possible, but he came to see Emilio Lòpez. Which was a tricky matter, since he wasn’t currently representing the man, and people awaiting trial for murder weren’t typically granted visitation by non-relatives who weren’t on the list.

  He had chosen not to involve Jimmy. Jimmy had good connections, good work relationships with the staff, and he didn’t want to wreck that by getting him involved in any nefarious schemes that might compromise him later. Instead, he traveled alone.

  He approached Joe, the man at the front desk. “I’m here to see Emilio. I’m an attorney.” He spoke loudly and clearly. Nonetheless, he hoped Joe didn’t notice the subtle distinction between the article adjective “an” and the possessive pronoun “his.”

  Joe admitted him to the visitation room.

  He took a seat in the designated chair, a plastic clamshell number that looked like it probably dated back to the 1970s. And waited. A few moments later, a guard escorted Emilio into the room. Dreads combed. Flush complexion. Tats on display. Bounce in his step. He was handling jail better than most. Of course, he had more experience with it than most.

  He tried to play it cool and act as if being here were the most natural thing in the world. If Emilio became distraught, or objected, that would end the interview instantly.

  Instead, Emilio grinned from one ear to the other. He showed such effusive geniality people might think they were two old friends meeting at Starbucks for a jaw session.

  “Dan! My man! Come to see your old buddy. I am touched.”

  “Good to see you too, Emilio. Glad you’re holding up under pressure.” He skipped the usual song and dance about attorney-client privilege, since there was none. “Food good?”

  “Passable. I assume you’re not here just because it’s Taco Tuesday.”

  “True enough.”

  “Word on the street is you got dumped by your firm.”

  “And joined a new one the next day.”

  “That is so dope. Smaller outfit, right? Strange. No one is sure what to make of it.”

  “All anyone needs to know is that I’m still working—and I’m making more money.” He didn’t want to sound defensive. But he also didn’t want word going around that he was washed up.

  “I was advised to find a different mouthpiece this time. I hope there are no hard feelings.”

  “None.”

  “I hear you are representing my long-time employee Gabriella.”

  “This is true.”

  Emilio spread wide his hands. “Should we even be talking?”

  “That is entirely up to you.” He pressed on quickly, before Emilio had much time to think about it. “I’m just trying to figure out what happened.”

  “When you find out,” Emilio said, “please explain it to me.”

  “I assume you weren’t out on the street late that night by accident.”

  “No, man, I was celebrating. You cut me loose. With that wonderful courtroom prank. Even I thought I was doing some time, but you got me out. Happy days, right? So I was partying with my boys.”

  “Not exactly the neighborhood where I would expect you to be celebrating.”

  “Got a text. Inviting me to a party.”

  “Who from?”

  “No ID. Probably one of those unregistered phones you buy at the 7-11.”

  “Who knows your cell number?”

  “Too many people.” He grinned again. “Coulda been you.”

  “It wasn’t. What did the message say?”

  “Said someone wanted to meet me. Owed me money. Wanted to deliver it.”

  “Some people are saying you threw the party.”

  “Why would I?”

  “To take out Sanchez.”

  “That’s cray-cray, man.”

  “And yet, he did end up dead.”

  “You need to talk to your client about that mess. Sanchez was out to get me. He wanted my turf.”

  “Another good reason to kill him.”

  “I would never do that.”

  Meaning, he’d get someone else to do it? “Why was Gabriella there?”

  “Gabriella is like, my right-hand man. Or woman, you know? I never like to go anywhere without her. She and Luis. My BFFs, right?”

  He’d heard about Luis González before. The second-in-command who ran the operation while Emilio was behind bars. “Gabriella says she wasn’t involved in any criminal activities.”

  Emilio’s smile transformed into a smirk. “That what she says? She’s protecting that kid she love so much.”

  “You’re right. She is protecting Esperanza. But that doesn’t mean she’s lying. Are you telling me she’s lying?”

  “I’m not gonna finger nobody. Not without good reason. I think that—”

  “What the hell is going on here?”

  He heard the loud voice behind him, slightly down the corridor. He didn’t have to pivot. He knew who that would be.

  A few moments later, Greg Russell stood beside him. He knew Greg well. He was another criminal defense lawyer who worked the St. Pete area. A prominent lawyer, though of course, not as prominent as he was. Russell had a solo practice and, so far as he knew, didn’t have his own sailboat.

  “This is completely unacceptable!”

  Emilio pivoted slightly. “Hey, Greg, what happening?”

  “My client is having a non-confidential conversation with another lawyer, that’s what happening.”

  Emilio shrugged. “We go way back.”

  “As if I didn’t know. But you’re not representing him now, Pike. I am.”

  He cleared his throat. “I know that. He knows that. There’s no confusion about that.”

  “Then why are you here?”

  “We’re just talking—”

  “Bull.”

  Emilio jumped in. “Mostly about food.”

  “Really? Just sittin’ here talkin’ tacos?”

  He raised a finger. “Hey, Greg, are you being racist? Tacos, because he’s Latinx? That’s wrong, dude.”

  Russell looked infuriated. “Do you think I don’t know you represent Gabriella Valdez?”

  “There is no secret about that, either.”

  “Completely unacceptable.” Russell shoved him out of the clamshell chair and grabbed the phone receiver. “What did I tell you, Emilio? No conversations with anyone but me. None. Zero.”

  “I saw no harm.”

  “You are the defendant. I am the lawyer.”

  Emilio’s feathers were completely unruffled. “I didn’t tell him anything. Promise.”

  “Still not acceptable. This could totally screw up the—” He put his hand over the phone receiver. “I know you have the skeeziest reputation in the St. Pete bar, Pike, but this is low even for you.”

  “I’ve done nothing wrong.”

  “You’re having an unauthorized conversation with another man’s client. How would you feel if I snuck in and started talking to Gabriella?”

  She has too much sense to talk to you, he thought, but opted not to say it aloud. “I tried to clear this. I sent a message to your office. I didn’t hear anything back, so I assumed it was okay.”

  “In what parallel universe does silence constitute consent? I wasn’t in the office. I didn’t see your message until five minutes ago. That’s why I rushed over here.”

  “I’m sorry if there was a misunderstanding. I can assure you I meant no disrespect. I would never deliberately do anything inappropriate.”

  “Spare me.” He removed his hand from the receiver and spoke to Emilio again. “Did you talk about what went down at the Trademark? You cannot say anything that might undercut the deal we’re trying to make.”

  His eyebrows rose. “What kind of deal would that be?”

  “That’s between Emilio and his lawyer. Which, as a reminder, is not you.”

  “Are you thinking about turning
state’s evidence?”

  “Again, none of your business.”

  “If anyone turns state’s evidence, it should be Gabriella. Emilio is the gang lord. She’s just a single parent trying to survive.”

  “That’s your story.”

  “That’s the only story.”

  Russell chuckled. “Now you sound like a rank amateur. There’s never just one story. Unless there’s only one person involved. Which is never.”

  “Are you suggesting Gabriella was the head of this drug-running enterprise?”

  “At the moment, the DA doesn’t care who was in charge of the drug operation. They just want to know who killed Sanchez.”

  “And your gang lord liar is going to pretend it was Gabriella?”

  “I’ve already said too much.”

  “I think you’ve said too little. I want to know what’s going down.”

  “And I want you to leave. You’ve already learned far more than you have any right to know. Any negotiations I make with the District Attorney’s office are confidential.”

  “I’m speaking to the prosecutor in charge. Immediately.”

  “Good. Then you won’t be here. Never speak to my client again. I’ve put your name on the list. The Do Not Admit list. No one will let you near Emilio again. Now get out.”

  He glanced at Emilio, feigning a forlorn expression. “Sorry, old chum. Looks like this is our last hurrah.”

  Emilio pointed his finger like a gun and pulled the trigger. “Never say never, my friend. Never say never.”

  Chapter 19

  The instant Dan left the visitation room, he retrieved his cell phone and dialed Jazlyn. She didn’t pick up. It was the middle of the workday, so she was likely busy, in conference or otherwise unable to take his call. Or she could still be stinging because he didn’t go after her like a wolf the night they had dinner. Or there could be some other reason she avoided his call. The last possibility was the one that concerned him most.

  He left a message and crossed his fingers that she would call him back, even though he knew it was unlikely. He would have to pester her if he wanted any answers. If she was pursuing some kind of immunity arrangement with Emilio, she wouldn’t talk about it until it was completed.