Fever (23 page)

As Patrick skillfully outlined the circumstances surrounding Michelle's illness and treatment as well as Charles's behavior, Judge Pelligrino examined the forms, seemingly not paying attention to the young lawyer. But when Patrick made an
insignificant grammatical error, the judge's head shot up, and he corrected him.

“Where are the affidavits by Doctors Wiley and Keitzman?” asked Judge Pelligrino as Patrick finished.

The lawyer leaned forward and anxiously thumbed through the papers in the judge's hands. He snapped open his briefcase, and with great relief found the two documents and handed them over with an apology.

The judge read them in detail.

“And this is the adopted mother, I presume,” said Judge Pelligrino, capturing Cathryn's attention.

“Indeed it is,” said Patrick, “and she is understandably concerned about maintaining the proper treatment for the young girl.”

Judge Pelligrino scrutinized Cathryn's face, and she felt herself blush defensively.

“I think it's important to emphasize,” added Patrick, “that there is no marital discord between Charles and Cathryn Martel. The only issue is the wish to maintain the established method of treatment advocated by the appropriate medical authorities.”

“I understand that,” said Judge Pelligrino. “What I don't understand or like is the fact that the biological father is not here to be cross-examined.”

“But that's precisely why Mrs. Martel is asking for emergency temporary guardianship,” said Patrick. “Just a few hours ago, Charles Martel rushed away from a meeting with Mrs. Martel and Michelle's doctors. Mr. Martel expressed the belief that Michelle's treatment, which is her only chance at survival, be stopped, then left the conference. And, off the record, the attending physicians are concerned about his mental stability.”

“That sounds like something that should be part of the record,” said the judge.

“I agree,” said Patrick, “but unfortunately that would require Mr. Martel seeing a psychiatrist. Perhaps it could be arranged for the full hearing.”

“Would you like to add anything, Mrs. Martel?” asked the judge, turning to Cathryn.

Cathryn declined in a barely audible voice.

The judge arranged the papers on his desk, obviously thinking. He cleared his throat before he spoke: “I will allow the emergency temporary guardianship for the sole purpose of maintaining the recognized and established medical treatment.” With a flourish he signed the form. “I will also appoint a guardian
ad litim
on the petition for guardianship to serve until the full hearing on the merits, which I want scheduled in three weeks.”

“That will be difficult,” said the Assistant Register, speaking for the first time. “Your schedule is fully booked.”

“The hell with the schedule,” said Judge Pelligrino, signing the second document.

“It will be difficult to prepare for a hearing in just three weeks,” protested Patrick. “We'll need to obtain expert medical testimony. And there is legal research to be done. We need more time.”

“That's your problem,” said the judge without sympathy. “You're going to be busy anyway with the preliminary hearing on the temporary guardianship. By statute that must be in three days. So you'd best get cracking. Also I want the father apprised of these proceedings as soon as possible. I want him served no later than tomorrow with a citation either at the hospital or at his place of work.”

Cathryn sat bolt upright, stunned. “You're going to tell Charles about this meeting?”

“Absolutely,” said the judge, rising. “I hardly think it fair to deprive a parent of his guardianship rights without telling him. Now if you'll excuse me.”

“But . . .” blurted Cathryn. She didn't finish her statement. Patrick thanked the judge and hurried Cathryn out of the judge's lobby, back into the main room of the Probate Court.

Cathryn was distraught. “But you said we wouldn't use this unless Charles actually stopped treatment.”

“That's correct,” said Patrick, confused at Cathryn's reaction.

“But Charles is going to find out what I've done,” cried Cathryn. “You didn't tell me that. My God!”

A
lthough the sun had set on schedule at four-thirty, no one in New England had seen it go down, including Charles, who was parking at the base of Main Street in Shaftesbury at the time. A heavy bank of clouds had moved in from the Great Lakes. The New England meteorologists were trying to decide when the front was going to collide with a flow of warm air from the Gulf of Mexico. They all agreed it was going to snow, but no one could decide how much or when.

By five-thirty, Charles was still sitting behind the steering wheel of the Pinto parked in the lee of the row of deserted old mill buildings. Every so often he'd scrape off a bit of the frost on the inside of the windshield and peer out. He was waiting until it was completely dark. To keep warm he started the engine every quarter hour and let it idle for five minutes. Just after six he was satisfied that the sky was a uniformly dark blanket and he opened the door and got out.

Recycle, Ltd. was about two hundred yards ahead as evidenced mainly by the single light they had near the office door. It had started to snow with large flakes that settled like feathers in short swooping arcs.

Charles opened the trunk and collected his gear: a Polaroid camera, a flashlight, and a few sample jars. Then he crossed the snow to the shadow of the empty brick mill and started to trudge toward Recycle, Ltd. After leaving Cathryn at the hospital, he had tried to sort through his confusing emotions. He could not come to a decision about Michelle's treatment although intuition still told him that the child was not going to go into remission. He couldn't get himself to deny her treatment, but he couldn't bear to see her suffer more than she had to. He felt trapped. As a consequence, he welcomed the idea of heading up to Shaftesbury and trying to obtain some hard evidence of benzene dumping. At least that satisfied his emotional need for action.

As he came to the end of the building, he stopped and looked around the corner. He now had a full view of the factory that had taken over the last abandoned mill building in the long row.

With the Polaroid and flashlight in his coat pockets and the sample jars in his hands, Charles rounded the corner and headed toward the Pawtomack River, initially moving parallel to the hurricane fence. Once he could no longer see the light over the factory entrance, he cut diagonally across the empty lot, reaching the fence close to the riverbank. First the flashlight, then the sample jars were gently tossed over to land in the snow. With the camera slung over his shoulder, Charles grasped the mesh and began to climb. He teetered on the top, then leaped for the ground, landing on his feet but tumbling over onto his back. Fearful of being seen in the open lot, he gathered his things and hurried over to the shadow of the old factory.

He waited for a few moments, listening to the familiar sounds coming from inside the building. From where he was standing, he could look across the mostly frozen Pawtomack River and make out the trees on the opposite bank. The river was about fifty yards wide at that point. When he had regained his breath, he struggled along the building, heading for the
corner facing the river. The going was difficult because the snow covered all sorts of trash and debris.

Charles reached the side of the building facing the river and, shielding his eyes from the lazy snowflakes, he looked down at his goal: the two metal holding tanks. Unfortunately, they were close to the opposite end of the building. After a short pause, Charles set out climbing through the rusted and twisted remains of discarded machinery, only to find himself barred from further advance by a granite-lined sluice about ten feet across and five feet deep. The sluice came from a low arch beneath the building and ran toward the river bank where it was dammed with wooden planks. About midway in the opposite masonry wall was a connecting channel to a large lagoon. The fluid in the sluice and in the lagoon was not frozen and it had the unmistakable acrid smell of discarded industrial chemicals.

Immediately adjacent to the factory, Charles saw that two stout planks had been laid across the sluice. Putting his sample jars down, Charles flipped the planks over to rid them of their veneer of snow and ice. Then, with great care, he struggled across the makeshift bridge holding the sample jars under his right arm and using his left to support himself against the building.

On the opposite side of the sluice the ground sloped down and Charles could approach the level of the lagoon. From the makeshift appearance of the setup, particularly the incompetently constructed dam, Charles knew that the discarded chemicals in the lagoon continuously made their way into the river. He wanted a sample of that syrupy fluid. He bent down at the edge and, holding on to the upper lip of one of the jars, collected a pint or so of the slowly bubbling sludge. Using a bit of snow, Charles wiped off the jar, capped it, and left it to be retrieved on the way back. Meanwhile he wanted a photo of the dam, which kept this chemical cesspool from totally emptying itself into the river below.

• • •

Wally Crabb had taken an early dinner break from the rubber ovens with the two guys he played poker with: Angelo DeJesus and Giorgio Brezowski. Sitting at one of the picnic tables in the lunchroom, they'd played blackjack while they absentmindedly consumed their sandwiches. It hadn't been a good evening for Wally. By six-twenty he was down about thirteen dollars and it didn't seem like his luck was going to change. And to make matters worse, Brezowski was teasing him by flashing his toothless smile after every hand, silently saying “so long, sucker.” Brezo had lost his front teeth in a barroom brawl in Lowell, Massachusetts, two years ago.

Brezo dealt Wally a face card and a four of spades. When Wally asked him for a hit, Brezo socked him with another face card, sending him over twenty-one.

“Shit!” yelled Wally, slamming the cards down and swinging his massive legs from beneath the picnic table. He pushed himself to his feet and lumbered over to the cigarette machine.

“You out, big boy?” jeered Brezo, resuming play with Angelo.

Wally didn't answer. He put his coins in the cigarette machine, punched his selection, and waited. Nothing happened. At least nothing inside the machine. Inside Wally's brain it was like snapping a piano wire stretched to its tensile limit. With a powerful kick he jarred the machine, moving it back on its supports to thump the wall. Cocking his hand back to follow up with a right cross to the coin return, he saw a light flash outside the dark window.

To Brezo and Angelo's disappointment—they had been hoping to watch the destruction of the cigarette machine—Wally's cocked arm sank and he pressed his face against the window. “What the fuck, we going to have a thunderstorm now?” asked Wally. Then he saw the flash again, but this time caught a glimpse of its source. For an instant he saw a figure, arms to his face, legs slightly spread.

“It's a goddamned camera,” said Wally, astonished. “Somebody is taking pictures of the lagoon.”

Wally reached for the phone and dialed Nat Archer's office. He told the super what he'd seen.

“Must be that Martel nut,” said Nat Archer. “Who are you with, Wally?”

“Just Brezo and Angelo.”

“Why don't you three go out there and see who it is. If it's Martel, then teach him a lesson. Mr. Dawson told me that if he showed up again to make sure it was his last visit. Remember the guy is out there illegally. He's trespassing.”

“You got it,” said Wally, hanging up the receiver. Turning to his buddies and cracking his knuckles, he said, “We're going to have some fun. Get your coats.”

 

After photographing the dam, Charles worked his way over to the metal holding tanks. With the flashlight he tried to make sense out of the profusion of pipes and valves. One pipe led directly to a fenced-off area at the edge of the parking lot and obviously served as the off-load site. Another pipe coursed away from the tanks and with a T-connector joined the roof drain conduit on its way to the river bank. Using great care to keep from slipping down the embankment, Charles managed to get to the edge, which was some twenty feet above the surface of the river. The roof drain ended abruptly, spilling its contents down the embankment. The smell of benzene was intense and below the pipe was a patch of open water. The rest of the river was solidly frozen and covered with snow. After taking several pictures of the pipe, Charles leaned out with his second jar and caught some of the fluid dripping from the end. When he thought he had enough, he closed the jar and left it next to the first one. He was almost finished; his mission was more successful than he had hoped. He just wanted to photograph the T-connection between the pipe from the storage tanks and the drain conduit and the feed pipe from the storage tanks back to where it emerged from the factory.

A slight wind had come up, and the once-lazy snowflakes were now being driven into Charles's face. Before taking the picture, he dusted the snow off the pipes, then sighed through
the viewfinder. He wasn't satisfied. He wanted to get the T-connector and the storage tanks in the same photo, so he stepped over the pipes, squatted down, and sighted again. Satisfied, he depressed the shutter mechanism but nothing happened. Looking at the camera, he realized he hadn't turned the flash bar around. He did so quickly, then sighed again. Now he could see the storage tank, the pipe coming from the tank, and the juncture with the roof drain. It was perfect. He pushed the shutter release.

The flash of the camera was followed instantly by a sudden, powerful jerk as the Polaroid camera was torn from Charles's fingers. He looked up from his crouching position to see three men in hooded parkas, silhouetted against the dark sky. They had him cornered against the storage tanks. Before Charles could move, the camera was tossed end over end into the center of the black lagoon.

Charles stood up, struggling to see the faces beneath the hoods. Without words, the two smaller men lunged forward and grabbed his arms. The sudden movement caught Charles off guard and he didn't struggle. The third man, the big one, went through Charles's coat pockets, finding the small collection of photographs. With a flick of the wrist they followed the camera into the chemical pond, appearing like white wafers on the surface.

The men let Charles go and stepped back. Charles still couldn't see their faces, and it made their appearance that much more frightening. Charles panicked and tried to run between one of the smaller men and the storage tank. The man reacted instantly, jabbing a fist into Charles's face and connecting with his nose. The blow stunned Charles, bringing a slight trickle of blood down his chin.

“Nice poke, Brezo,” laughed Wally.

Charles recognized the voice.

The men pushed him toward the chemical lagoon so that he stumbled over the pipes underfoot. Teasing him, they cuffed his head with open hands, slapping his ears. Charles vainly tried to parry the flutter of blows.

“Trespassing, eh?” said Brezo.

“Looking for trouble, eh?” said Angelo.

“I think he found it,” said Wally.

They crowded Charles to the very edge of the cesspool of acrid chemicals. A glancing blow knocked his hat into the fluid.

“How about a quick dip?” taunted Wally.

With one arm over his face, Charles drew out his flashlight with the other hand and lashed at his nearest assailant.

Brezo eluded the roundhouse blow easily by shifting his weight.

Expecting contact and not getting it, Charles slipped in the melted snow and fell to his hands and knees in the foul mud. The flashlight shattered.

Brezo, having eluded the blow, found himself teetering on the edge of the lagoon. To keep from falling bodily into the pool, he was forced into the ooze to mid-calf before Wally grabbed his jacket, pulling him free.

“Shit!” cried Brezo as he felt the corrosive chemical singe his skin. He knew he had to get his leg into water as soon as possible. Angelo pulled Brezo's arm over his shoulder, supporting him and, as if in a three-legged race, the two men hurried back toward the entrance of Recycle, Ltd.

Charles scrambled to his feet and bolted for the two planks over the old sluice. Wally made a grab for Charles but missed him, and in the process slipped and fell to his hands and knees. Belying his bulk, he was back on his feet in an instant. Charles thundered over the planks forgetting his previous nervousness at crossing. He thought about pushing the planks into the sluice but Wally was too close behind.

Fearful of being thrown into the chemical lagoon, Charles ran as fast as possible, but the going was difficult. First he had to climb through the discarded machinery, then run across the snow-covered, littered lot until he got to the hurricane fence. Wally was hindered by the same objects but, used to working out, he made better time.

Charles started up the fence but unfortunately he'd picked
a spot between two uprights. The lack of support, particularly near the top, made the climbing more difficult.

Wally Crabb reached the fence and began shaking it violently. Charles had all he could do to hold on, much less continue climbing. Then Wally reached up and grabbed Charles's right foot. Charles tried to kick free but Wally had a good hold and he merely put his weight on it.

The force overrode Charles's grasp, and he tumbled off the fence, directly on top of Wally. Desperately Charles searched beneath the snow for some object with which he could defend himself. He came up with an old shoe. He flung it at Wally, and although it missed its mark, it gave Charles a chance to stand and flee along the fence toward the river. For Charles, the situation was like being inside a cage with a raging animal.