Scott Turow - The Burden of Proof

Stern, rebuked, still chose not to answer. She had een an Assistant for only a year, following a clerkship in the U.S. court of appeals, and, presumably, a distinguished law school career, and he sensed an advantage in her inexperience. She had acquired a reputation as bright but phlegmatic, even flaky, the kind to blow hot and cold. He did not wish to lend her any reassurance.

"Tell me, Ms. Klonsky," said Stern, shifting the subject,

"what is the nature of your investigation?" ',I'd prefer not to say right now."

"Are other agencies involved besides the FBI?" Stern wanted to know about the IRS in. particular. They were always. trouble. And if the federal regulators were in-volvedmthe Commodities Futures Trading Commission he might gain some idea hous gossip. Did you hear? About Stern's wife? Here again, as he contemplated this, the world seemed to open, and the force of painful emotion rushed up at him out of his own breast. How, how was it possible? It was such an unreasoning mess. He closed his eyes, which were burning, and he could sense Dixon stirring. It was a sad comment that his shame, more than anything else, brought on these moments, and that the same pride carded him throughmsome forward-straggling thing impelled him to go on with dignity. Where, damn it, was his cigar? When he spoke, there was no tremor in his voice.

'If you understood, I must say I find your conduct deplorable. Perhaps I should speak to Mr. Sennett." Stan Sennett, a career prosecutor, had been U.S. Attorney for two or three years now. He was the toughest and most humorless of all, and far from an ally of Stern's. Sennett was unlikely to become exercisedwthe agents, after all, were just doing their jobswbut Klonsky could not say that.

"Look, Mr. Stern, this was an honest mistake. It might even be," she said, "that if you gave me half a chance, I would have apologized. I've been calling you for days now."

Stern, rebuked, still chose not to answer. She had een an Assistant for only a year, following a clerkship in the U.S. court of appeals, and, presumably, a distinguished law school career, and he sensed an advantage in her inexperience. She had acquired a reputation as bright but phlegmatic, even flaky, the kind to blow hot and cold. He did not wish to lend her any reassurance.

"Tell me, Ms. Klonsky," said Stern, shifting the subject,

"what is the nature of your investigation?" ',I'd prefer not to say right now."

"Are other agencies involved besides the FBI?" Stern wanted to know about the IRS in. particular. They were always. trouble. And if the federal regulators were in-volvedmthe Commodities Futures Trading Commission he might gain some idea how the charges originated.

"I can't answer," said Klonsky.

"What about Mr. Hartnell? Are you willing to say whether or not he is a target?"

She paused, being careful. Klonsky had had her share of bad experiences with the defense bar already.

"I can't tell you he's not."

"I see." Stern thought. "When will you be able to be more precise about his status?"

"Perhaps after we look at the documents we've subpoenaed.

They're due today."

"Well, I am afraid that we shall be a bit late providing them. You are basically asking that Mr. Hartnell and his employees stop running his business and look for records for weeks."

"It's not that bad," said Klonsky.

"I am assured it is."

Klonsky sighed. She was tiring of the conversation. "How long?"

"We need an extension of at least three weeks," he said.

Dixon was looking on approvingly. He had his cigar tucked in his cheek, and a large enthusiastic smile. This was better than TV. "No, I am sorry," said Stern, "I had not consulted Mr. Hartnell. Best make it a full month."

"That's ridiculous. These records are probably in a few cabinets."

"I am informed otherwise, Ms. Klonsky. This is a federal grand jury investigation. I represent both the corpg. rotion and Mr. Hartnell personally. You will not identify your targets. I must be alert to conflicts at the same time that I try to be certain that our compliance with your subpoena is exact. I am required to make at least one trip to Chicago, if not more, to do that. If you wish to limit your requests, or tell me what is needed first, I would try toblige." She was silent. If she narrowed her request, she might disclose her interests. "If you think I am being unreasonable, make a motion to compel. I shall be happy to explain all this to Judge Winchell."

Chief Judge Winchell, a former prosecutor, would rule for the government eventually. But no judge in the federal courthouse would set strict deadlines for Sandy Stern this month. His personal circumstances required no mention here.

Ms. Klonsky knew the score.

"No further extensions," she said. She gave him a date-the second of May. "I'll send you a letter."

"Very well," said Stern. "I shall look forward to meeting with you, after you have reviewed what we provide."

"Right," she said.

"And, of course, Ms. Klonsky, I do accept your apology."

Klonsky, pierced, hesitated, but thought better of whatever she had in mind.

"Right," she said again and clapped down the phone. Stern could not restrain his satisfaction. That had gone well.

Ms. Klonsky was high-strung and ill-humored and he had gotten the better of her. When the month was over, they could ask for another week or two, if need be.

Dixon was laughing, delighted to see the government bashed.

He asked what she had told him.

"Very little. Except that she would not rule out the possibility that you are a target of' her investigation."

Dixon drew on his cigar. He was instantly far more subdued, but he shrugged gallantly.

"You slowed her down," he said.

Stern listed what he would be doing near-term: the other customers he would contact; his trip to Chicago tO look over the records for the subpoena as soon as they had been gathered.

"In the meantime, you know how these things go, Dixon.

Discuss this with no one but me. Act on the assumption that everyone around you is wearing a tape recorder. It would not be surprising if one of them is."

For the first time today, Dixon briefly sported a look of discomfort: he buttoned up his lips and shook his head Then he ground out the cigar and stood.

"I'm sorry this comes up now, Stern," Dixon said. "I hate to be the thing that drags you back into the office."

Stern raised a hand. "I suspect I shall be here a good deal." He said this somewhat heroically, but that lost feeling came over him again. He had no notion, really, of the immediate future, or even, for that matter, of what lay.further ahead. A few images had stirred themselves: figures of stillness and order. He would mind the office and his clients in a state of settled dotage.

Dixon, of course, had different thoughts in mind.

"Oh, you'll have other distractions eventually." He glanced down at his stubbed cigar with the most minute salaciousness. Stern recoiled a bit, but he knew that Dixon was merely crnude enough to say what others were thinking.

Even in tear-stained eyes thick with grief and sympathy, Stern could see he was already differently regarded. A single man. Certain facts were elemental. In his present mood, Stern was persistently repelled by contemplation of this subject. More to the point, he knew that his circumstance was hardly ordinary. What woman of even modest sense would be eager for the company of a man with whom another female had literally found life not worth living?

"I assume this will cost a fortune," Dixon said as he picked his sport coat off the sofa arm.

"It will be expensive," said Stern, barely able to suppress a smile.

Dixon was rich. His business was worth millions, and he paid himself a seven-figure salary each year, but he maintained the typical frugality of a man. who had snuggled. He groused unremittingly about the appalling level of his legal fees. But years ago, in Stern's salad days, during that period when Dixon was still attempting to win Stern back after. marrying Silvia, Dixon had obligingly urged Stern to bill him like any other client, and Stern had never forgotten the instruction. One more peculiar harmonic had been established between them. Dixon paid for Stern's tolerance, and Stern was willing to allow it to be purchased. And always the concern on either side about who was getting the better of the deal. "I can leave some of the documents to the younger lawyers to examine," Stern said, "but we know too little. I must do most of this myself. Ms. Klonsky will take priority over other matters."