Джо Горес - Gone, No Forwarding

The court reporter’s fingers moved over the keys of his machine like hooked pale ghosts as the Hearing Officer said, “Mr. Franks was on the stand. He already had been sworn.” As Franks moved forward, Kearny bent over Tranquillini’s head at the counsel’s table. “Ballard’s been in a ditch in the boondocks for the past twenty-four hours,” Kearny whispered, “but he found out Rose Kelly wasn’t on the switchboard that day. Verna Rounds probably was.”

Tranquillini tapped his lined yellow legal pad with his felt-tip pen for a few seconds, scowling. “Dammit. Okay. Get Bart Heslip on a plane to New Orleans.”

“He’s already on his way over to Oakland to talk with the girl’s mother. Then he’ll fly out to New Orleans direct.”

“If counsel please—”

“Sorry, Your Honor,” said Tranquillini. “Ready for the Respondent.”

Delaney started in again. “You were about to testify concerning the events of November fifth, last year.”

“Yes, sir. I had spoken with Miss Onoda previously to arrange for Mr. Pivarski to go to the Kearny office between five-thirty and six o’clock on that day. I prepared a letter for him to take, along with the two hundred dollars, to Daniel Kearny Associates. He was to present it to them for signature at the same time he tendered the money to be held in trust until—”

“Objection.”

“Sustained.”

“Sorry, Your Honor. Mr. Franks, tell us about the letter.”

“I told my client to surrender the two hundred dollars only if Miss Onoda would sign the original of the letter, which he then was to return to me. Here is a copy of that letter.”

With a dramatic flourish, he presented Delaney with a piece of paper from the thin attaché case he had been holding on his lap. Delaney turned to the Hearing Officer. “At this time, we would like to present in evidence—”

“Objection,” said Tranquillini. “My client tells me he has no information with respect to this letter, that he never saw it and no one in his office has ever called it to his attention. As you know, Miss Onoda is deceased. My client has no way of knowing if any signature on that letter is Miss Onoda’s or not. I will object to its introduction unless Mr. Pivarski is here to testify that he delivered it, and to whom.”

The Hearing Officer stared at Tranquillini for a long moment, as if the feisty little attorney were half a worm in his half-eaten apple. Then, with a sigh, he leaned toward the witness stand. “Mr. Franks, do you have any information as to whether this letter actually was given to anybody at Kearny Associates?”

“Yes, I do.”

“On what is your information based?”

“On what was reported to me by Mr. Pivarski subsequent to his visit to Kearny Associates.”

The Hearing Officer sat back and drummed his fingers on the desk. He looked over at Delaney. “Is Mr. Pivarski here present?”

“He is not, Your Honor,” said Delaney in an aggrieved tone, “nor will he be. He is not a party to this action, which is a purely disciplinary charge brought by the State against the Respondent. We submit this letter as our Exhibit next in order.”

“My objection is on record,” said Tranquillini.

“The objection is sustained at this point,” said the Hearing Officer. “I’ll mark the document as Exhibit B for Identification only.”

Delaney began, “But Your Honor—”

“If it is later established by direct testimony that this letter was indeed delivered to the Respondent’s office, then it will be accepted in evidence at that time. All we have in the record so far is hearsay, and I cannot base findings on hearsay.”

There was a strangled silence while Delaney tried to figure out a new way to get the letter in as evidence rather than as a mere Identification Exhibit. He finally stepped forward again.

“Mr. Franks, you have testified that before Pivarski left your office, you discussed with him the conditions under which he was to pay over this two hundred dollars.” He cast a look at Tranquillini. “That fact is not in dispute, I take it. Now, then, what exactly was your advice to your client along these lines?”

“That the money would be paid to Miss Onoda to be held by Kearny Associates until the determination of the demurrer seven days later, on the twelfth. In the meantime, Kearny would not further attach wages and cause Mr. Pivarski to lose his job.”

Tranquillini stirred. “We’re right back where we started from, Your Honor. This is not direct evidence of what actually happened, yet this is the crux of the case against my client.”

“The Hearing Officer notes, for the record, that any conversation this witness had with Mr. Pivarski when no representative of the Respondent was present is clearly hearsay.”

Delaney was unable to control himself when he heard this door too being slammed in his face. “Well, it’s not hearsay, Mr. Hearing Officer! It may not be direct evidence on the issues, but it’s certainly not hearsay. The witness is reciting his own conversation.”

“With a third party,” said Tranquillini.

“That’s not hearsay.”

“In my book it is,” said the Hearing Officer. “Proceed.”

“The witness is reciting what he himself said,” Delaney persisted almost desperately.

“I have made my ruling, counsel. It will be received as hearsay in the record.”

The remainder of Franks’ direct testimony was put on the record merely for form; Delaney’s heart was not in it. The court hearing Franks’ demurrer on November 12 had entered judgment in Pivarski’s favor. Franks had then filed suit against DKA for $226.30 — the $200 paid Kathy Onoda, plus the $26.30 collected by the sheriff under Kearny’s original attachment. On February 18 the court had entered judgment in favor of Pivarski for the amount asked, plus interest and costs.

“And since February eighteenth, despite numerous demands made upon Respondent by you, the money has not been paid back as ordered by the court. Is that correct?”

“Until this morning’s mail,” said Franks.

“That is all, counselor. You may step down.”

But Tranquillini was on his feet as Franks started to rise. “I have a few questions on voir dire.”

Franks slowly sank back into the witness chair. Tranquillini leaned an elbow on the witness stand and from less than two feet away stared at the other attorney. Franks began to fidget and look away and clear his throat and. finally, took a handkerchief out of his pocket and mopped his face. Tranquillini stepped back abruptly when, from the corner of his eye, he saw Delaney starting to his feet to make an objection.

“You said on direct testimony, Mr. Franks, that you instructed Mr. Pivarski to get Miss Onoda’s signature on the letter. Did he also get a receipt?”

Franks cleared his throat. “I have no knowledge of such.”

Tranquillini laid a copy of Kathy Onoda’s receipt to Pivarski on the Hearing Officer’s desk. “Respondent wishes at this time to introduce his Exhibit A, a copy of the DKA receipt to Mr. Pivarski on the day in question.”

“Objection!” burst out Delaney. “This—”

“The Hearing Officer will note that this receipt plainly states ‘Two hundred dollars received on account from K. Pivarski, November fifth, 5:48 P.M.’ Nothing about money held in trust or—”

“This is purely hearsay evidence!” cried Delaney with an apoplectic face. “Mr. Franks has no way of knowing—”

“Pivarski does,” said Tranquillini.

“The State has no intention of producing Mr. Pivarski.”

Tranquillini paused. For the first time he realized that Delaney’s reluctance to produce Kasimir Pivarski went beyond a desire to avoid putting a witness on the stand who would be thoroughly mauled by opposing counsel. He needed time to think about that reluctance. This was not the time to push it. He shrugged eloquently.