When Men Betray (44 page)

“Anyway, they continue to argue—the gun is now at Russell's head, but Woody accidentally touches the hair trigger. Russell is dead. Woody is horrified. In shock, he tries to turn the gun on himself, but a trooper is on top of him and wrestles the gun away.

“Maybe the man on the balcony has fired as well, but misses because Russell jerks backward immediately after Woody's gun has fired. Maybe he was aiming at Woody instead of Russell. That's a strong possibility. Unless they knew Russell was about to expose them, why kill the golden goose? Maybe, because of Woody, the shooter realizes he doesn't have to shoot at all and simply flees the building during the chaos. There's no way to know.

“Sorry, Sam, it wasn't your responsibility, but it's now been a week, and I bet nobody has searched the balcony. Either theory would explain those turned heads. I'm sure that at trial, Micki will ask whoever examined the crime scene, ‘Did you search for another bullet? Did you search the balcony? Did you interview the people who turned their heads to ask them what they heard? Did you interview people who were holding cameras to see if they could provide a different view of what occurred?' Currently, I presume the answer to all those questions is
no
.

“If you do exhume Russell's body, it's unlikely to tell us much. Based on the video, it's unlikely the bullet is still in Russell's head, and by now, time and the undertakers have destroyed whatever a medical examiner could normally discover.

“I believe all the evidence points to an accidental shooting; certainly not murder. A good lawyer like Micki might convince a jury
there's a reasonable doubt that Woody even killed the senator … that the bullet may have come from
our
grassy knoll.

“Furthermore, every bit of what I've said in chambers today will have to come out. Our oilmen will have time to cover their tracks, continue to control the price of oil, provide cash to terrorists, and perhaps be successful the next time they try to kill me—or you, since you now know what I know. So I have a proposal if you're willing to listen.”

Marshall wondered aloud, “Should I be a part of this?”

“Please. It involves a plea, which you'll have to approve and supervise. I don't need you to rule on it today, but if you absolutely cannot go along, I'd like to know.”

Marshall looked tense but mumbled, “Continue.”

Sam was next. “I can't imagine what you have in mind, but I'll hear what you have to offer.”

I looked at Peggy. “What does the US government say?”

She looked surprised, which surprised me. “We're not a party to the proceeding in this matter.”

“Well, murdering a US senator is certainly a federal crime. So are conspiring to fix oil prices, trafficking in stolen art, and conspiring with terrorists. I can't make a deal with Sam and worry that Dub is going to turn around and indict Woody for murder. We're wasting our time if you're not willing to listen and consider what I propose. I know you don't have the authority to agree, but if you'll hear me out, and if you're willing to recommend my proposal to the attorney general, that'll be good enough. If not, I'll tell the judge I'm ready to present this information in open court, and tomorrow we'll put on our first witness—Bea Taylor.”

Peggy gave me a half-hearted smile. I knew I had her over a barrel.

“I can't let you do that, Jack.”

“I don't know that you have much choice.”

“I could get a restraining order.”

“And stop the trial of the accused murderer of a US senator? Even if you got an order under seal, how long would it take it to be leaked? Look, you don't have to agree; just hear me out for ten more minutes.”

She couldn't argue. Giving me a tense smile she said, “I'm listening.” So now I had three reluctant participants.

Marshall rose again. “Counsel, you may only need ten minutes, but I need at least ten minutes to think about what you've just said. Let's take a break.”

This time I didn't mind the interruption at all—I welcomed the opportunity to gather my thoughts and plan how best to proceed.

It was twenty minutes before Marshall returned. I was prepared for his questions, but he sat down and quietly asked me to continue.

“Senator Robinson is dead. Nothing can change that. He died a beloved senator and martyr, but if we have to put on evidence tomorrow, that's likely to change. No matter what spin I put on it today, there will be those who interpret the same facts very differently. They will say he took bribes, attack his environmental record as a sham, say he was a facilitator for an oil-pricing scheme, and maybe even claim he was in bed with terrorists. Reporters will scour everything he's ever done to find a scandal, and they'll drag every woman he even smiled at through the mud. When the media turns on someone, it gets ugly fast. The journals will be their road map, and who knows what they'll turn up and what crimes will be revealed. Russell doesn't deserve that. As I said before, he's not here to defend himself.

“What we
can
do is what I think Woody hoped Russell would do. Let's stop the betrayals. Let's stop these oilmen from meeting in secret rooms and duck clubs to decide what we pay for gas while they rake in obscene profits. More importantly, let's stop them from funding terrorists and ripping off other countries' historical treasures. How in the world can an American company or individual justify giving terrorists money to buy arms to kill Americans—or anyone else for that matter? These aren't just backroom deals; these are serious crimes affecting our nation's security and economy. I think what I've discovered is just the tip of the iceberg. Let's put a stop to every potential crime and dirty trick we can find in those duck club journals!”

Marshall's eyebrows went up and the corners of his mouth went down. Time to step down from my soapbox.

“Sam, I apologize. I pushed you into having this hearing. But honestly, ask yourself: Would you be looking for the bullet if I hadn't raised the issue? Would you have accepted Lucy's garbage that Woody was a hanger-on and about to be fired? Peggy, would the federal
government have investigated why someone else might want a US senator dead and why people have been impersonating federal agents and state troopers in order to seize evidence?

“I'll admit that, for me, this has become personal. Did either of you wonder why someone was trying to kill Woody Cole's lawyer? Threaten his daughter? I believe the answer is no.

“So here's what I propose. First, I want Bea Taylor taken into protective custody. Micki's already agreed to represent Bea and to negotiate the terms of protection and immunity on her behalf, ultimately placing her in the Federal Witness Protection Program. Bea is willing to cooperate.

“We will recommend to our client that he plead guilty to the charge of bringing a loaded weapon onto state property. All other charges will be dropped without prejudice.” This meant that Sam would have the right to bring charges in the future. It was a gamble, but I felt that, under these circumstances, it was improbable that that would happen. “In the meantime, Judge Fitzgerald accepts the plea and defers sentencing. I believe the maximum sentence in this state is ten years for carrying a weapon onto state grounds. That's exactly the same maximum sentence that manslaughter carries, and ten years in jail is a long time.

“The US marshal will immediately take Woody into protective custody while he assists the US government in its investigation of the oil companies, the individuals I've named, and any other crimes he believes he discovered. His time in federal custody will be credited toward his state sentence.

“Woody will be granted full immunity for any testimony or statements he gives to the federal government or to you, Sam, during this period of cooperation. You cannot use his cooperation to bring charges against him, but you can use it against anyone else. In addition, if Woody needs to be placed in witness protection after he serves his sentence, it will be provided under terms negotiated with Micki.

“If the state or the federal government decides to bring charges against Woody for, or arising out of, the death of Russell, then Micki and I will defend him, and no matter what the status of the investigation of the oil companies, we will bring out everything I discussed
today and a few more I've held in reserve. Don't think that I've played all my cards.

“One more thing: I need to know if there's a possibility we can agree. If I get a tentative yes, I suggest we meet tomorrow morning to iron out the details. Otherwise, Your Honor, the defense is ready to put on its first witness, either tomorrow morning or at the court's pleasure. All of this is subject to Woody's approval, but we'll strongly recommend he give it. What do you say?”

After a long silence, Peggy was the first to respond. “Of course, we agree to taking Ms. Taylor into custody and giving her witness protection. Is her cooperation conditioned on Woody?”

I said yes. If there were no deal for Woody, then we would keep Bea under our protection.

Sam said, “Woody will plead guilty to carrying a firearm, and we'll agree to drop all other charges without prejudice?”

“Without prejudice. You can refile tomorrow if you want, but if you do, you have to stare at my ugly face for a long time. Let the feds do their investigation, and you complete your own. Don't rush things. Who knows? You might find Woody's bullet or maybe someone else's. Interview the bystanders—maybe there's another video out there.”

Sam looked at Peggy. “Will you share information with our office? Will we have access to Ms. Taylor? If I drop the charges, what assurances do I have that Dub won't file murder charges tomorrow?”

Peggy answered, “I'm not saying I agree to this. Whatever I do is subject to the AG's approval. But if we do reach a deal, I can assure you this investigation will be run out of my office. You will have full access to any witness I have. As to Dub, he will have no role at all. He might get in a few photo ops, but if he opens his mouth or tries anything cute, we'll put a stop to it, pronto.”

Sam seemed satisfied.

Marshall asked a question I'd thought a lot about. “Jack, you've mentioned the attempts on your life. What about Beth's safety? What about you? Should you go into protective custody?”

I wanted to smile—it felt good to know that he believed me. “If everyone agrees and the attorney general makes a strong statement of support, I think they'll leave me alone. In the meantime, I'm counting on Clovis to keep us safe. Once they figure out the feds have Woody
and Bea, they'll know the story won't go away. What's important is that Woody and Bea are safe. If everyone agrees, I'll help any way I can, but I'm not quite ready to have a new identity. I want to live my own life and my daughter wants to live her's. It's a risk we're willing to take.” I waited a long beat. “So, do we have a tentative agreement?”

I knew I was pushing, but I was running out of ammunition.

Sam ticked off the points. “I get a guilty plea. Woody's in custody for at least ten years. I can refile after a full and complete investigation if I think justice isn't being served.” He paused for only a few seconds, and then said, “I want to talk to my guys about potential pitfalls, but until tomorrow morning, I'm tentatively in.”

First hurdle passed, but there were three. Peggy still seemed a bit reluctant. It seemed to me she was getting a huge present, all wrapped up with a bow.

“I still have a lot of things to think about. We don't usually move very fast, and I'm sure I can't say yes without running it up the flagpole. It's the best I can do, Jack, but I'm at least willing to take it to the AG. Will that do?”

It wasn't all I'd like to have, but it wasn't a no. Peggy was cautious, but I had a feeling that if she was willing to go to the AG, she was a tentative yes.

I nodded. “What do you say, Judge? You would have to accept a plea, defer sentencing, agree that being in custody constitutes time served, and seal today's proceedings and the plea agreement.”

Marshall was quiet, kept us waiting for at least a full minute, and then said, “I don't know why I shouldn't.”

M
ICKI AND
M
AGGIE
had a hard time stifling their exuberance. Only the presence of Marshall, Sam, and the others kept them from dancing. The bailiff suggested we meet with Woody in the small conference room near the holding cell, and the guards removed him from the judge's chambers.

Everyone else stayed in the judge's chambers while the three of us left to meet with Woody. As the bailiff walked ahead of us down the private corridor to the elevator, Micki grabbed my arm and said, with some modicum of restraint so the bailiff couldn't hear, “Unbelievable! You did it!”

I sighed. “We aren't there yet.”

“I know, I know, everything's tentative, but we're so close.” Micki's eyes were shining with excitement.