Scott Turow - The Burden of Proof

"You'll see."

"I shall never see," said Stern.

Horn was near the door. He pointed to Peter, a fomi o/ goodbye.

"Stay in touch," he told Peter.

"What can I say, Kyle? 'Shit happens'?"

"Hey," said Horn as he opened the door. He actually winked.

"Life," he told Peter, "is full of surprises."

"I'M not sorry," Peter said to his father. "It was the g right thing to do. So don't give me d it was. Not the name, actually.

He recognized the crest. When he did, Stern pulled his ann free from Peter's grasp and bent to be sure he had made no mistake. "Oh, shit," said Peter behind him.

Stern stood up and covertly pulled on the hem to straighten his jacket? a courtroom gesture that he used before confronting a difficult witness.

"Agent Horn," said Stern loudly. "Show yourself."

"Oh, shit," Peter said again, more despairingly:

Stern did not bother to look back at his son. He was watching the bedroom door.

"How do you say it, Agent? 'Don't make me come in there to get you'?"

Kyle Horn, in his sport coat and white shoes, stepped into the living room. He was chewing gum, trying to smile.

"Hey, Sandy," he said.

When Stern finally glanced about, Peter had taken a seat on his sofa and was looking out the window toward the far distance, where he no doubt he wished to be. Horn, shameless, had continued smiling. Stern was erect as a soldier.

"Please tell the distinguished United States Attorney for me that it will be a most interesting set of motions." Horn at once shook his heM.

"We didn't do anything wrong. Nobody's rights got violated.

You can just cool it." "I shall not 'cool it." Any person of decent sensibility will be deeply offended. To use counsel's son-the target's nephew-as an informant?"

"It was all done right," said Horn. He approached Stern briefly and snatched his case from near Stern's shoes.

"You'll see."

"I shall never see," said Stern.

Horn was near the door. He pointed to Peter, a fomi o/ goodbye.

"Stay in touch," he told Peter.

"What can I say, Kyle? 'Shit happens'?"

"Hey," said Horn as he opened the door. He actually winked.

"Life," he told Peter, "is full of surprises."

"I'M not sorry," Peter said to his father. "It was the g right thing to do. So don't give me your disdainful look."

Peter held his father's eye a second, then moved away. From his refrigerator, he removed a bottle of soda, pulled off the cap, and sat alone at the small butcher-block table, where he drank down the contents. When he belched he covered his mouth, then appeared to concentrate on the wall.

Stern eventually followed him into the kitchen, a narrow white-washed space built with typical late-century efficiency, the toaster and microwave slotted beneath the cabinets. Stern swung his dark suit jacket over the back of the wire-mesh chair opposite Peter's and sat.

His son glanced at him once or twice.

"Peter, I believe I am representing an innocent man."

Peter removed something from his tongue and stared, at his fingers.

"He hasn't told you,anything, has he?"

Stern reflected. "Very little."

"That figures. I couldn't imagine you were hold'rag back for tactical reasons." He was still not looking at his father. "I was pretty sure you didn't know."

"I know enough, Peter, to believe you have been spread-irlg lies."

Peter turned to him then.

"Don't make judgments," he said. "You don't understand how it happened."

Neither spoke. The compressor clicked on in the refrigerator and a bus wheezed by down in the street. Peter flexed his jaw about ruminatively.

"About five or six weeks before More died," said Peter, "Kate come to see me. One morning, before school. She's forty-five minutes in traffic and as soon as she gets here she does a beeline for the.john and I hear her retching. So the great diagnostician says-'You know, maybe you're pregnant." And she answers, 'I am. That's why I came. I need the name of a decent place to get an abortion."

"I'm like, what? And so she tells me this long, involved story. About John. How he thinks he'll never be anything that matters. How inferior he feels in this family. You know, everything we've all thought to ourselves a million times. And how, because of that, and because of her, too, he's done something really stupid at work. Really, really stupid.

"He had his heart set on becoming a floor trader. I guess his idea was that if he could show some ability, he was going to ask you and More to put up the money so he could rent a seat. But Uncle.Dixon wouldn't really 16t him near the pits. John kept asking. But Dixon thought the same thing about him as everybody else: dumb as a post. And he's not.

He really is not."

"Apparently not," said Stern. Peter, absorbing his father's dry tone, actually smiled.

Kate, Peter said, believed no one would take John seriously until he could demonstrate that he had made money trading.

So she suggested they open an account at MD. He was right there on the central desk. He could put in his own orders.

It would be almost as ff he were in the pits. Kate signed the forms.

They both knew that employees of member firms weren't supposed to trade, but it was a minor infraction, Peter said. Everyone did it.

"And they call it Wunderkind because that's what he is, you know, in their heads, that's who they figure he'll be."

Peter dwelled on the thought. "I guess he'd promised her he could scrape together $5,000 to get started, but neither one of them is making much money, and so, eventually, he got another idea."

The idea was trading ahead. He'd put in small orders here when he knew that big orders were going to be executed in Chicago or New York. And he'd learned enough when he'd working in MD's operational areas to know how to use the house error and Wunderkind accounts to/hide the profits.

"He promised himself that he was only going to do it once or twice, just to get himself starteA. Famous last words from the' penal colony, right."?" Peter asked.

"Those," said Stern, "and 'Just one more time."

"Right."

Peter actually laughed for a second. Then he sobered himself and went on. "Obviously, the front-running worked.

But when he traded, the morgy was gon like that." Peter snapped his fingers. "He decided he didn't have enough capital to handle the ups and downs in the market. What he needed was real money. So he traded ahead again, say thirty times, and picked up $300,000 in a month."

"And why did he simply not buy his sat on the Exchange at this point?" asked Stern.

"Why didn't he do a lot of things?" Peter smiled, in a way.

"I think basically he was afraid to. He couldn't explain to anybody where the money came from. And, frankly, he still didn't know his ass from a hole in the ground as a trader.

He'd have lost the seat in a week. He wanted to try to stay even for a couple of months."

"And how much, may I ask, did YOur sister know about this?"

"Kate?" Peter leveled a hand. "Obviously, she knew about the Wunderkind account. But she didn't know where the initial money came from. Not yet."

"Not yet," said Stern, mostly to himself.

Peter removed two more bottles of soda from the refrigerator, and plunked one, uncapped, in front of his father.

It was French mineral water, a brand Stern had never heard of, savored with a rose-petal aroma. Stern asked for a glass. "I take it John lost the $$00,0007"

"Right. He did a little better, but eventually it was gone."

"And so he stole again."

"If that's what you call it."

"That is what I call it," said Stern. "That is what a prosecutor would call it.And that' is what a judge would call it when he or she committed John to the penitenfary."

Peter, in front of the white cabinets, turocd about. "Look, Dad, I spent summers down there. I'm not making excuses for him, but it's like nothing really exists. It's all numbers on a scoreboard. That's all.