The Hidden Man (26 page)

Smith had money, and he had, at least, a small gang of people. Four white guys, J.D. had said. Probably the same four guys who had jumped Pete. Probably the same four guys who, as a team, were keeping tabs on me.

I caught myself nodding off at a stoplight. I hadn’t slept in two days. I’d been relying on anxiety to prop me up. My vision was spotty and my hands were shaky. I asked myself for the umpteenth time whether I could handle what I was doing. But I kept coming back to two things: one, I had no choice, I had to represent Sammy; and two, I still had a generally overconfident opinion of my courtroom skills. A good trial lawyer thinks he can convince a jury that day is actually night, that up is really down. A good defense attorney adds in a general ability to confuse a situation, to smear the canvas, because he only has to get reasonable doubt.

I decided to place a call to Joel Lightner to keep me alert. I was probably the first driver in history to talk on a cell phone to improve his driving. “Our friend ‘Mace’ is Marcus Mason,” I told Joel. “He’s Tenth Street.”

“Huh.” Lightner gave off a disapproving grunt. The Tenth Street Crew was a pretty rough bunch, even by gang standards. They were particularly sensitive about loose tongues.

“Give me a location on this gentleman,” I requested.

Lightner went quiet.

“Hello?” I asked.

“How ’bout I talk to this guy?” Lightner said.

“No, I’m good. Address and record would be fine.” Marcus Mason wouldn’t be hard to find. He probably had a sheet as long as the Magna Carta. “You find anything on that apartment where J.D. is staying?” I asked, in part to change the subject.

“Nothing much,” Joel said. “He paid cash for one month.”

“
He
paid?”

“Yeah, sorry.”

Too bad. I guess I couldn’t expect that Smith would write this landlord a personal check. These guys seemed relatively apt at covering their tracks.

“What about Archie Novotny?” I asked.

“We’re watching him. Nothing interesting so far. He works at Home Depot and it looks like he’s doing work on his house. Doing it himself. I don’t know how to connect him to Smith, Jason. Because I don’t know who the hell Smith is.”

“Sure.”

“I don’t see anything in Novotny’s background, at least so far, that suggests mob involvement or anything like that. This guy’s an unemployed union painter who sits home at night and either watches TV or plays his guitar. He owns a small house and an old Chevy, and he doesn’t have much money in the bank.”

“Okay, well, keep at it.” I had trouble picturing it, too. It was hard to see Archie Novotny connected to Smith and company.

When I got to my office, I made my third phone call to the prosecution’s eyewitnesses on the night of Perlini’s murder—the elderly couple who ID’d Sammy running past them on the sidewalk, and Perlini’s neighbor. These people were stiff-arming me, a common problem for defense attorneys. You refuse to talk to a prosecutor, it’s obstruction of justice. You refuse to talk to a defense lawyer, nobody cares.

Don’t worry about the witnesses
, Smith had instructed me. But I wasn’t going to take his word for anything. I needed to visit them. I just had to make sure Smith didn’t know I was doing it.

Marie buzzed me and told me that while I was on the phone, I’d received a call from Detective Vic Carruthers, who had investigated Audrey’s murder back in the day. Initially, I’d hoped to prove that Perlini killed Audrey and then find some way to get that evidence before the jury, for no other reason than to make the jury hate the victim. But now I had another suspect—Archie Novotny—whose motive would be based on Perlini’s molestation of Novotny’s daughter. Now, the jury would know what kind of a guy Griffin Perlini was without my having to prove anything about Audrey. Besides, once I pointed the finger at Novotny, based on Perlini’s molestation of his daughter, the prosecution would probably feel compelled to introduce evidence about Audrey to show
Sammy’s
motive. With any luck, the jury would hear all kinds of ugly things about Griffin Perlini and decide that nobody should go to prison for his murder.

Maybe Carruthers was calling for his file back. I hadn’t had much of a chance to look through it, and now I probably wouldn’t need it at all.

“Detective, it’s Jason Kolarich.”

“Yeah, Jason. Thought I owed you an update.”

“I appreciate that.”

“I wish I had more to tell you. There wasn’t much of anything in the graves. I’d hoped that Perlini left a memento, some souvenir or something, but he didn’t. The girls were buried naked, so I can’t even look back at clothing to match it up with something we know Audrey used to wear—if we could even do that.”

“Bottom line,” I summarized, “we have to wait for DNA testing.”

“Yeah. I’m on these guys to put a move on it, but you know how these things go. It could be months before we have an answer. So your guy Sammy, he’ll have to put off his trial for, I don’t know, maybe another year.”

That was obviously out of the question, but I didn’t care so much anymore. And Sammy had waited twenty-seven years for definitive proof that Perlini had murdered Audrey. He could wait one more.

“Only thing I can tell you,” Carruthers added, “is we have a preliminary take on the age of these girls. They’re all about the age of Audrey at the time. We can’t be precise, you understand.”

I grew up thinking that I couldn’t fathom how difficult it must have been for Sammy’s parents to lose a child in such a violent way. I had a new perspective now. The imagery produced by this conversation, which I struggled to stifle, was not of Audrey but of my daughter, Emily, strapped in her car seat, struggling for air underwater.

I stared at the motion I had drafted in Sammy’s case—the motion for expedited DNA testing of the bodies discovered behind the grade school or, in the alternative, a continuance of the trial until DNA testing could be completed. I didn’t need this anymore. I could use Archie Novotny’s motive to tell the jury that Griffin Perlini was a pedophile. But filing this motion would certainly provoke Smith. Should I do it? It made me think of my brother. I dialed him on the cell phone.

“Bored as hell,” he said.

“Bored is good. I like bored.” I missed bored.

“How’s it coming?”

“Working on it,” I said. “Getting there.”

I hung up and reviewed the motion. It was ready to go.

“Marie,” I said into the intercom, “let’s file this motion in
Cutler
today.”

I’d be getting Smith’s attention very soon.

34

L
ESTER MAPP’S OFFICE was on the sixth floor, above most of the courtrooms in the newly refurbished courthouse. He was given one of the plum, cushy spaces, by which I mean that he had walls and even a door. The place hadn’t really changed since I’d left—torn-up carpets, cheap artwork, drab paint, low-grade furniture.

He swiveled around in his chair and nodded to me. He had an earpiece that must have corresponded to a cell phone. He waved me to a chair.

“Sure thing,” he said, but his attention had turned to me. He was appraising his adversary and, I assumed, was probably feeling good about where things stood. It only took a glance in the mirror this morning to see the purple bags under my hazy eyes.

“Sure thing. We’ll follow up. I’ve got someone here.” Mapp reached to his waist, presumably killing his cell phone. “Jason Kolarich,” he said, in a tone that suggested parental disapproval. “You’ve been the busy bee.”

I didn’t answer. Condescension is not high on my list of quality attributes. I’d prefer that he just call me an asshole.

“Archie—Archie . . .” He fished around his desk, which looked like a model of cleanliness and order compared to mine. “Archie Novotny,” he said, seizing on the document I had faxed him. “Archie Novotny is the man who killed Griffin Perlini!”

He still hadn’t asked me a question. I settled into my seat and looked around his office.

“Judge won’t let that in,” he informed me. “A back door to get in Perlini’s pedophilia? C’mon, Counsel.”

I forced a smile, the kind I reserve for people whose teeth I’d like to kick in.

“No, you can forget about that,” he went on. “But listen, Counsel. With the headlines about Perlini and all—I’ve got a little room here. This was obviously a premeditated act with the equivalent of a confession, a store vid that puts him at the scene, I mean—”

“Lester,” I interrupted. “Did you bring me here to tell me how shitty my case is? Or to offer me a deal?”

He watched me for a moment, then broke into a patented smile. This guy was like silk. “Murder two, twenty years. A gift. You go tell your friends you played me like a fiddle.”

The way he presented it, you’d think balloons and streamers were about to fall from the ceiling. “Involuntary,” I countered. “Time served.” Involuntary manslaughter is the only murder charge that gives the judge the discretion to drop the sentence down to no prison time at all or, in the case of Sammy, who’d already spent almost a year inside, to time served.

“Time served. Time served.” Mapp chuckled. He let a hand play out in the air, as if conducting a silent orchestra. “I could think about voluntary. I
might
be able to give you fifteen. Christmas comes early for Sammy Cutler.”

I could see that the discovery of the bodies behind the elementary school—and the subsequent headlines—had had the intended effect. The county attorney’s office was not thrilled to be coming down hard on a man who avenged his sister’s murder. They couldn’t give him a pass, nor condone vigilantism, but they wanted a quiet resolution where they didn’t play the heavy.

“Let me give that some serious thought, Lester.” I looked up at the ceiling. “Involuntary, time served.”

The prosecutor’s smile went away, but not without a fight. “Jury isn’t going to know that Perlini was a pedophile,” he said. “Or what he
allegedly
did to Cutler’s sister.”

“You’re starting to sound like a defense attorney, Lester.” The prosecutor was referring to the judge’s pretrial ruling, excluding evidence of Perlini’s criminal sexual history. If Sammy would have agreed to plead diminished capacity, this would be a no-brainer. But with Sammy saying he didn’t do it, the victim’s criminal past was irrelevant.

Then again, I wasn’t so sure Sammy
did
kill Perlini. I was beginning to like Archie Novotny.

“Involuntary and three,” I said. If Sammy could play nice and get a day for a day, and with credit for time served, he’d have about six more months inside. He could do that, I thought. Another variable was Smith. This would certainly satisfy his need for an expedited resolution, and I wouldn’t be turning over any rocks he wanted to stay covered.

Mapp made a whole show of rolling his neck, moaning, warming himself up to a grandiose display of generosity on this, Sammy’s early Christmas. The only thing missing from his car-salesman act was telling me that “they’ve never done this before,” but that he “liked me.”

“I’d have to go upstairs on this one,” he began. “Voluntary and twelve. If I could even sell that for a premeditated murder—”

“With the equivalent of a confession, right?” I poised my hands on the arms of my chair, elbows out, ready to get up and go.

“Now, you’re
not
going to tell me you won’t take that one back,” he said. “Twelve years?”

“You don’t have twelve years, Lester. You said you’d have to take it upstairs.”

He watched me again. He thought he was intimidating me with that direct stare. A lot of prosecutors think that. I probably did, too.

I pushed myself out of the chair. “Next time bring roses,” I said.

My adversary switched tacks, bursting into a premeditated laugh and wagging his finger at me. “Kolarich, Kolarich, Kolarich. ‘Next time bring roses.’ That’s good, that’s good. Listen, Counsel. See about that twelve years, and I will, too. Maybe—maybe even think about ten.”

Interesting. If I had ten years on the table now, I could probably knock it down to eight, maybe even six or seven if the judge would help me out, and that wasn’t such a bad deal. I still wanted to know more about my case, but I had the prosecutor moving in the right direction. It wasn’t much, but compared to the rest of the last week or so, things were looking up.

35

I
NEVER LIKED POLICE STATIONS, even when I was a prosecutor. It reminded me of a fraternity house, only the members of this particular fraternity had sidearms and batons and the authority to search, seize, detain, and arrest. I never really had much time for the individual cops, either, only that was probably due more to the disdain I had for them growing up than anything else. Aside from the few cops that were outright wrong—on the take, corrupt—there were plenty of corner-cutters in the bunch, guys and gals who were sure the ends justified the means, who remembered a knock-and-announce that never was, who kicked the drugs into plain view after finding them under the mattress, who had an extremely generous interpretation of a voluntary confession. But then again, I didn’t have to go through a door not knowing what was awaiting me. I didn’t have to pat down a suspect, wondering whether there was a needle in his pocket infected with the AIDS virus. I didn’t have to wonder, every shift, whether this was going to be the day. And I didn’t have a healthy sector of the populace that resented me without understanding all the shit I had to put up with.

In the end, I played the whole thing to a draw. Cops were like any other group of people—some were okay, others weren’t. On which side did Detective Denny DePrizio fall?

I leaned against my car, playing over my conversation with Lester Mapp earlier today, watching plainclothes and uniforms march in and out of the stationhouse as dusk settled over the city. A few of the cops had arrestees, the lot of whom submitted quietly save for a homeless guy, who was calling them “traitors” and mentioning, I’m pretty sure, Herbert Hoover, though my money said he meant J. Edgar.