THE RIGHT TIME TO DIE (34 page)

HARRIET ALOTTA MIGHT
have been perceived by men as a whole lotta’ woman, or, if she fancied, a whole lotta’ love. Harriet imagined she could be perceived by a black man as a whole lotta’ soul, just like the song. But by men of either color, Harriet Alotta knew she was perceived as none of these. To most, she was perceived simply as a whole lotta’ extra pounds. Teased mercilessly as a teenager owing to the too good to be true opportunity offered by her size and the unfortunate coincidence of her family name, Harriet learned to hate boys, then later in life equally as much to hate men. By no means was Harriet a lesbian. In fact, when the urge became irresistible—every two to three weeks or so—she trolled the bars downtown in search of partners with whom she could have sex; men who were almost without exception uneducated and overweight. Occasionally, Harriet discovered a man who was able to sincerely appreciate the unique pleasures of a substantial woman. Once convinced he was not simply being cruel, Harriet was happy to oblige.

After high school, Harriet attended NYSU, staying on after graduation to take a degree in law. Her grades were adequate, if not distinguished. With a financial contribution from her parents, Harriet was able to establish her own small practice in Albany, working mostly “if you cannot afford one, an attorney will be appointed for you” misdemeanor and petty criminal cases. Drew Bitson was her first opportunity to represent a client in a capital crime, though Harriet had been assigned the docket only after the first attorney quit, handing off the case to her by saying, “Might as well throw him to the mob now. They’d lynch him just as soon as they’d listen to him”, referring, Harriet assumed, to a jury.

Now, no thanks to her, Drew Bitson would go free; prosecutor Jimmy Cromwell had withdrawn the charge of murder in the first degree.

Referred to increasingly by his superiors and subordinates alike as “fearless leader”—owing to his near comical resemblance to a children’s cartoon character—Harriet suspected James Cromwell to be a fraud. From her perspective, the man was far less courageous than he was cowardly. To Harriet, Jimmy seemed to lack the imagination to prosecute any case that raised the possibility—however remote—of loss. To date, Jimmy’s record was perfect.

The only outstanding issue to be decided by the three attorneys now seated in Jimmy’s stuffy office on the third floor of the Municipal Courthouse building downtown, was the future of Leland McMaster Junior; whether a case could be made to bring him to trial. Knowing Jimmy’s preference for open and shut, airtight convictions, Harriet doubted it. Unfamiliar with Leland’s attorney, Harriet was unwilling to say if he felt the same, but either way, with Bitson walking it wasn’t now her concern.

“It isn’t the Sheriff’s responsibility to determine if a charge should or should not be filed,” Heath Montemer said to Jimmy Cromwell now. His native New York City accent flowed thick and sweet over his speech like syrup over flapjacks, thought Harriet.

She had immediately disliked the man; the lean fatless body wrapped in thousand dollar Fifth Avenue cashmere, just the right amount of necktie showing above the knap of the lapel; the perfect Windsor knot that had remained so even throughout an ordered-in lunch, unmoved by a bobbing Adam’s Apple; and the chunky five hundred dollar Rolex Oyster shackled to his thin wrist, to which Heath Montemer glanced each time Cromwell shifted his attention to Harriet, as if subconsciously estimating his fee.

Even with the midday warmth of the office, Heath Montemer didn’t sweat. For that matter neither did Jimmy Cromwell. Harriet, on the other hand, dabbed at the beads of perspiration forming along her hairline, shifting self-consciously in her seat as the damp seeped from the small of her back and into her underwear, making them clingy and uncomfortable. During lunch, Harriet had resented the way Montemer had smiled across the table as she ate, as if a healthy appetite on a woman her size was unacceptable.

Cromwell said, “I agree, it’s the responsibility of the Sheriff to collect evidence, not to assess its potential evidentiary value. Be assured, Heath, that is not happening here.”

“Sidney Womack is making a lot of noise, Jimmy.” It had taken all of a brief handshake to put them on a first name basis. “It borders on harassment.”

“I think Womack’s concern might be more with the release of the black boy,” Cromwell said with a nod toward Harriet, eliciting a brief glance from Montemer to his Rolex Oyster, “than a prosecution of young McMaster. Thanks to the fine work of Miss Alotta”—did Cromwell smirk as he said it? —“This is now possible.”

“My client would be grateful to know,” Montemer said, making it clear he was referring to the gratitude of the senior McMaster, “that the Sheriff will not pursue a specious prosecution of the boy or engage in rumor mongering to publicly promote his cause at the expense of the McMaster family reputation, which as you know, Jimmy, in Church Falls is substantial. What assurance might I take back with me?”

They were silent, the ceiling fan and the stop and start traffic on the street below the only sound in the room. Montemer was looking from Cromwell for a guarantee that in the presence of Harriet, Jimmy knew he could not offer. She hadn’t graduated summa cum laude, but neither was Harriet Alotta obtuse. Thankful to be free from the vinyl armchair in which for three hours she had felt herself trapped, Harriet pushed away from the small conference table and, conscious of Montemer’s eyes on her hips, left the room.

After she had gone, Montemer continued. “Jimmy, we require an unconditional guarantee that Leland Junior will not be charged, otherwise my client will be compelled to initiate his own inquiry into the matter.” Any pretense of professional civility now was gone. “I have advised him to apply his own resources, which you know are considerable, to discover the truth of the matter. I have suggested to him the possibility of a civil action should the boy be falsely accused, which I am confident at trial would bring a substantial compensatory and punitive award. The State of New York will be raising taxes well into the twentieth century to cover the cost, Jimmy.”

“The truth as Mr. McMaster sees it, Heath?” Cromwell said with a weak smile. “The evidence against the boy is compelling.”

“Really?” said Montemer. He withdrew a gold plate case from a breast pocket of his cashmere sport coat, removing a cigarette without asking permission. He lit the tip with an equally expensive lighter. Montemer raised a hand with all five fingers extended, pale palm open to Cromwell as if to show there was nothing hidden there.

“One,” he said, curling a manicured finger into his palm, “there is no physical evidence to link my client to the victim; no fiber, no pubic hair and he will not submit to a blood test to confirm a link to the semen. Two,” Montemer continued counting, “Seamus Mcteer will deny ever having taken a photograph of my client under any circumstances, much less the photo you’d be obliged to enter as your most compelling evidence. Three, Seamus will deny ever having seen my client in the presence of Frances Stoops. Four, the mother of the dead girl is prepared to testify that it his her, not the daughter in the photo, and McMaster Senior will state it is he, not his son. He’d sooner admit to adultery than have his first-born tried for a capital crime. And five, are you aware that Seamus, who isn’t talking but if he did, is willing to testify that Ed Dojcsak made a habit of regularly viewing his material weeks before finally disclosing its existence to the police? Your principal witness in this affair is a fraud, Jimmy.”

Cromwell studied the face of the man opposite; the clear blue eyes, the straight Roman nose, the dark hair pulled back from a high forehead. Heath Montemer really was a very good-looking young man, thought the county prosecutor before abruptly averting his eyes.

Jimmy assessed his options, counting mentally on his three fingers of his own.

One
, defy Leland McMaster, successfully prosecute his son and leverage the attendant notoriety in a bid to becoming the county’s youngest DA?

Two
, acquiesce to McMaster, let Leland walk, and pressure Womack to arrive at an alternative conclusion, if any conclusion at all. Jimmy would suffer a temporary professional setback, but afterward be free to leverage McMaster’s undoubted gratitude to becoming, if not the youngest, at the very least
eventually
the County DA?

Three
, defy McMaster, unsuccessfully prosecute the case and suffer not only a professional setback, but the enmity of his benefactor as well. Jimmy calculated his options and arrived at a conclusion in the time it took Heath Montemer to glance at his Rolex Oyster and calculate his ever-escalating fee.

“I’ll agree, on one condition,” Cromwell said now.

“Name it,” said Montemer.

“That Leland McMaster Junior goes away. That he enlist, leave Church Falls and do duty overseas. For him to remain and to not be charged might be more of an insult than even Sidney Womack is able to accept.” Or, Jimmy thought but didn’t say, I myself am willing publicly to endure.

Montemer was about to object, recalled once more his earlier meeting with Sidney Womack in which the Sheriff had detailed the evidence against the boy, including showing him the pornographic evidence, and he said, “Agreed.”

Five minutes later, Heath Montemer was riding the elevator to the street, thinking that although his time on this case was short, the stakes were high. Given his client’s apparent stature and wealth—and to Montemer, the boy’s obvious guilt—when the time came, Montemer would bump his fee by fifty per cent.

He walked onto the sidewalk and into the sunshine, crossing the street to a small tavern he had noted earlier this morning on the way into his meeting. He entered, his eyes taking a moment to adjust to the gloom. They did, and he saw Harriet Alotta, sitting alone at a corner table just off the bar. She saw him and watched curiously as he approached, curiously because at the time Harriet had no way to know Heath Montemer was among a few men who was sincerely able to appreciate the unique pleasures of a substantial woman.