Special Circumstances (12 page)

He smiles confidently.
“That’s where you’re wrong. We know exactly what he said to her inthat telephone conversation. And it wasn’t anything close to the wayyou described it.”
“How’s that, Skipper? Are you listening in on Joel’s calls? Or didyou bug his phone?”
“You see, the entire conversation was taped on Diana’s answeringmachine.”
Uh-oh.
The condescending smirk.
“We got this yesterday. She must have been asleep and didn’t pick upher phone until the answering machine started taping. She didn’t erasethe message when she left.”
I’m getting a bad feeling about this.
McNulty stands up.
“While we’re being so open about our evidence, let me play somethingfor you.” He walks over to Skipper’s desk, takes out a small cassetteplayer and presses the start button.
Beep.
“Wednesday. December thirty-first. Twelve-fifty-one a.m.” Beep.
“Pick up, Diana. God dammit.”
“Hello?”
“Diana, it’s Joel. I was talking to Bob. We need you to come downhere right away. We’ve got a bunch of things to go over for theclosing. We really need you to get your ass down here right now.”
“Joel? What time is it?”
“About ten to one.”
“I’m exhausted. Can’t it wait until morning?”
“No. It can’t wait. I’ve got to see you now.”
“I don’t want to deal with this right now.”
“You have to. I need to see you right now. Bob wants to resolve thisstuff right now. ASAP. So get your tight little ass over here rightaway.”
“Fuck you. You’re a piece of shit.”
“Fuck you too, you little tramp. If you’re going to treat me likeshit, I’ll treat you like shit. Now get your ass over here or I’llcome over there and get you myself.”
“All right, asshole. I’ll be right over. But this is the last time.We’re finished. You understand? You can find another lackey to pusharound.”
“I wouldn’t have it any other way, you bitch.”
Beep.
Skipper is triumphant.
“Sounds to me like they were talking about a lot more than business.”
I strain to sound incredulous.
“That’s it? That’s what this is all about?
A late-night telephone call where he tells her to come back to work?From that you get murder? You’re dreaming. This isn’t an old episodeof L.A. Law, you know.”
Out of the corner of my eye, I think I can see McNulty nod, but I’m notsure.
Skipper becomes more strident.
“No,” he says, “that’s not it. Let me play something else for you.” Hefusses with the cassette player until he becomes frustrated and McNultysteps in and pushes the right button. I recognize the sound of ourvoice-mail prompts.
“Bob, Joel. I just found out about the new policy on partnerelections. I came by your office, but you were with Vince. I want totell you something. I think this whole thing stinks.
“You could have told me. You should have told me, but, as usual, youdidn’t have the balls. I’ll get you for this, you little prick.
I’m not gonna take this shit lying down. Call me right away.”
I try to look skeptical.
“I suppose you’re going to say this represents a threat?”
“Damn right,” Skipper snaps.
“It speaks for itself.”
I turn to McNulty.
“Bill, you know there’s no way this will ever add up to aconviction.”
McNulty gives Skipper an inquisitive look. Skipper nods.
“What?” I ask.
McNulty turns to me.
“There’s something else. It seems that your boy was having an affairwith Diana Kennedy. We have a witness who is prepared to testify hesaw the two of them in the same room at your last firm retreat. Let’sjust say that she wasn’t fully clothed.”
“No way.”
“Yes way,” Skipper says.
“And that’s what ties it all together. Kennedy was sleeping withFriedman. She pulled the plug on him and told him she was sleepingwith Holmes. That’s what led to the fight at Harrington’s. He cameback and confronted Holmes. That’s what led to the phone call to herhome.”
“You’re dreaming. Joel wasn’t sleeping with her. You can’t proveit.”
McNulty speaks up.
“Yes we can. We’ve got a witness. There’s only one other livingperson who can rebut his testimony.”
“And that would be Joel.”
“And that would be correct.”
“And who is this honest soul who will step forward and swear my clientis an adulterer?”
McNulty stops.
“I can’t tell you.”
“You mean you won’t tell me.”
“All right. I won’t tell you. Not now, at least. Not until I haveto.”
I turn to Skipper.
“Are you prepared to tell me?”
“No. We’re only obligated to give you evidence that would exculpateyour client. All the evidence we’ve given you so far points directlytoward a conviction.”
The key witness has to be an attorney at S&G. I have no idea who itis, but I will find out.
“Skipper,” I say, “you’ve got some shaky circumstantial stuff here, butnothing close to a case.”
McNulty looks at me.
“There’s one more thing.”
At this point, I’m wondering how many more things. I’m prepared foralmost anything.
“She was pregnant.”
Shit.
“And before you ask, we don’t know who the father is. But we’ll findout.”
This is going to get messy.
“Look,” I say, “there’s a lot of hard evidence this was a suicide, pureand simple. He shot himself with his own gun. He left a suicide note.Before you embarrass yourself on Monday, don’t you think you ought towait for the coroner’s report?”
Skipper looks amused.
“We got a preview. The cause of Bob’s death will be a gunshot wound.But there is evidence that somebody hit him on the head before theshots were fired.”
“In other words,” I say, “you’re saying somebody tried to make it looklike a suicide?”
“Right.”
“What about the suicide note, the Email?”
“Joel’s fingerprints are on Bob’s keyboard.”
What? How the hell did Joel’s fingerprints get on Bob’s keyboard?
“So? He could have used Bob’s keyboard anytime. It still doesn’t showhe typed the Email.”
Skipper takes a drink of his Perrier.
“Look, Mike, it’s against my better judgment,” he says, “and Bill isgoing to kill me for saying it, but I’m prepared to discuss a pleabargain.”
“What?”
“You heard me. I’m prepared to discuss a plea bargain. I’ll go downto second-degree and recommend a lenient sentence if he admits toit.”
Second-degree means at least fifteen years in jail.
“Bullshit. You’ve got no case.”
“You’re wrong. We do have a case. I’m going to try it myself.”
“You’re crazy.”
Skipper’s eyes gleam.
“Tell him we’re going to charge him with first degree murder. We’reconsidering special circumstances. If he’s willing to save thetaxpayers the cost of a trial, we’ll agree to a plea of second-degreewith a recommendation of fifteen years. We’ll take the death penaltyoff the table.
Our offer is open until the arraignment on Monday. You have an ethicalobligation to convey it to your client.”
“I won’t recommend it. Not in a million years.”
“I know you’re a little rusty. Bill is my right hand on this case. Hehasn’t had a chance to study the file in detail, but he’s damn surewe’ve got a strong case. A very strong case. Right, Bill?”
McNulty nods. I can’t tell if he’s sincere or just trying to appeasehis boss.
I turn to McNulty.
“You’re thinking about going for the death penalty in a circumstantialcase in San Francisco? Have you lost your mind?” He doesn’t answer. Ileave.
CHAPTER 13
I HAVE TO CONSIDER WHAT’S BEST FOR MY SON
“Joel Mark Friedman will be arraigned on Monday for the alleged doublemurder of two colleagues. District Attorney Prentice Gates says he mayseek the death penalty. In an unusual twist. Gates says he will trythe case himself.”
—KCBS NEWS RADIO. saturday, january 10.
At three-thirty the same day, I’m at the pay phone in the lobby of theHall.
“Hello, Rabbi Friedman,” I say.
He gets right down to business.
“How are things going with Joel’s case?” he asks.
“As well as can be expected.” I describe my meetings with Joel andSkipper, judiciously leaving out any references to Joel’s allegedinfidelities or Skipper’s plea bargain proposal.
“It looks like they’re going to charge Joel with murder on Monday.”
Silence.
“We’re doing everything we can. It’s going to take some time.”
He clears his throat.
“That’s what I wanted to talk to you about. I was talking to a coupleof my congregants after services last night. A number of lawyers aremembers of the temple.”
“I know.” Probably half your board of directors.
“This is difficult, so forgive me for being blunt. A couple of membersof my congregation whose judgment I respect suggested you may not bethe right person to handle this case for my son.”
It feels like a piece of sharp glass going straight through mystomach.
Thankfully, he can’t see my grimace.
“Excuse me, but why did they say that?”
He’s choosing his words carefully.
“One of my congregants said you haven’t spent a lot of time in courtthe last few years. He said you may be a little rusty after yourtenure at the Simpson firm.”
He’s right, of course.
“I defended over a hundred murder trials when I was at the PD’s office.I’ve been defending white-collar criminals at the Simpson firm for thelast five years. I’m completely current on the law.” I’m trying notto sound too defensive.
He gathers his thoughts.
“Another attorney suggested that you may have been something of arenegade at the public defender’s office.”
It’s true. My bosses thought I took too many cases to trial. That’sbad for business in the PD’s office. The supervisors are paid fordisposing of cases quickly, not necessarily winning them.
“I took a lot of cases to trial when I was at the PD’s office. That’swhat PDs get paid for. I won some cases others would have lost. I wonsome cases others would have pled out.” And, in fairness, I probablylost a few that could have been pled out.
“That’s what you want from a defense lawyer. You want somebody whowill go to bat for your client.”
Silence.
“I have to consider what’s best for my son. I’ll talk to him aboutit.”
“I understand your concerns. This is a very important decision. It’sup to Joel. If he wants to hire another lawyer, I’ll be disappointed,but I’ll understand.” And Rosie will kill me.
He pauses.
“Maybe there’s an alternative. How would you feel about having anotherlawyer assist you?”
“What do you have in mind?” I ask slowly.
“I thought that maybe one of the lawyers from my congregation couldhelp you. I know you don’t have a lot of lawyers in your new firm.”
This is delicate.
“I’m always happy to have help. I figured Rosie would sit secondchair. We were a great team at the PD’s office.”
“I see.”
“We criminal defense lawyers get a little protective about ourterritory. I’d be happy to consider having someone else involved, butonly with the understanding that I’d make the final decisions.”
Silence.
“I understand.” He clears his throat.
“Michael, let me discuss it with Joel.”
Joel is less than enthusiastic about the possibility of a plea bargainwhen I explain Skipper’s proposal to him at five o’clock the sameday.
“Plead guilty to second-degree murder? You’ve got to be fuckingkidding me. No way. No fucking way. Tell Skipper to go fuckhimself.”
“I didn’t say you should take it. I just said that they offered it,and I have an obligation to tell you about it. I’m not recommending itto you.”
He regains his composure.
“Fine. I’m instructing you to reject the plea bargain.”
“Good.”
“What did you find out from Skipper?”
This isn’t going to be easy. I tell him about the phone calls, thebartender at Harrington’s and the phone messages to Diana and Bob.
“Doesn’t mean anything,” he says.
“It shows we were working on a deal. Nothing else.”
“I agree with you.” I watch him carefully.
“There’s something else. Diana was pregnant.”
He looks down.
“I know,” he says quietly.
“Come again?”
“I know she was pregnant.”
“How did you know?”
“How do you think I knew? She told me.”
“When?”
“About three weeks ago.”
“Did you tell anyone?”
“Of course not. She asked me not to tell anyone.” He looks me in theeye.
“When people tell me something in confidence, I don’t repeat it. Doyou know how many people have told me they’re looking for a new job? Ilisten to them. And I keep my mouth shut. I didn’t ask to be thefather confessor for the entire firm. It just seems to have worked outthat way.”
I look right at him.
“Joel,” I say quietly, “you know I’ve got to ask.”
“The answer is no, I’m not the father. Unless, of course, there wassome sort of immaculate conception. You Catholics are big on thatstuff. We don’t buy into it.”
I look at the ceiling. This isn’t going to get any easier.
“There’s more,” I say.
“What else? Yesterday, I was just a garden-variety killer. Today I’malso an adulterer. Tomorrow, I’ll be a sex offender and a childmolester, too.”
“They have a witness who saw you and Diana together in your room atSilverado at the firm retreat last year. He says she didn’t have anyclothes on.”
“Patton,” he murmurs.
“He saw Diana in my room.” He goes on, “There was a party in Patton’sroom. Art was drunk. He tried to put the moves on Diana. She blewhim off. She went back to her room. He followed her. Depending onwho’s telling the story, either he asked her nicely to sleep with him,or he attacked her. At about two in the morning, there was banging onmy door. Diana came rushing in.
She said Patton tried to rape her. Two minutes later, he showed up. Hesaid he heard some noise. He saw Diana.”
“He set you up.”
“Yeah. If Diana pursued it, Art could say she was in my room with me.He was protecting himself. And he was protecting the firm from asexual-harassment suit.”
Great.
“Can anybody else corroborate any of this?”
“Probably not.”
“Diana never pursued it?”
“There was an investigation. As far as I know, she didn’t push it. Shedidn’t want to torpedo her career.”
“You think Patton is the father?”
“I don’t know. It could’ve been Patton. It could’ve been Bob. Hell,it could’ve been anybody.”
This is serious. The only person who can contradict Patton’s accountof the events of that night is Joel. And he isn’t going up on thestand unless we’re desperate.
“Does Naomi know about this?”
“No,” he says quietly.
“And she doesn’t need to know.”
“It’s going to come up,” I tell him.
“I’d rather she heard it from you.”
“I’ll talk to her.”
I hope so.
“What else did you find out from Skipper?” he asks.
“They think Bob was sleeping with Diana.”
“I’ve heard that one many times.”
“And they seem to think you were, too.”
“Great. Only two people know the truth—Diana and me. Diana is dead.That leaves me. And I presume you don’t want me to testify.”
“That’s right.”
“So I’m fucked.”
Reality is at hand.
“It doesn’t look like we’ll be able to get the charges dropped onMonday.”