John Grisham - The Whistler

Finally, he managed to mumble, “This can’t be happening.” But it was, and Westbay’s life was over. He was now entering a nightmare.

Rebecca Webb placed some papers in his lap and said, “Here’s the indictment, sealed, handed down yesterday by a federal grand jury in Tallahassee. One count of capital murder, punishable by death. The killing of Hugo Hatch was a murder for hire; thus the aggravating circumstances make it a capital case. Plus the stolen truck you bought for cash crossed a state line. Not very smart.”

“I didn’t do it,” he almost whimpered. “I swear.”

“Swear all you want to, Clyde. It’s not going to help,” Pacheco said in mock sympathy.

“I want a lawyer.”

“Great. We’ll get one for you, but first some paperwork. Let’s sit over here at the table and have a chat.” The table was small and round, with only two chairs. Westbay took one and Pacheco sat opposite. Hahn and the other two agents stood behind Pacheco, a show of force that was intimidating in spite of the golf shirts, shorts, and pale legs.

Pacheco said, “As far as we can determine, you have no criminal record, right?”

“Right.”

“So, is this your first arrest?”

“I think so, yes.” Thinking was difficult. He was bewildered, his eyes darting from face to face.

Pacheco slowly and crisply read Clyde his Miranda rights, then handed him a sheet of paper with the language printed. He shook his head as he read, some of the color finally returning to his face. He signed his name at the bottom with a pen Pacheco helpfully handed over.

“Do I have the right to make a phone call?” Westbay asked.

“Sure, but you need to know that we’ve been listening to your phone calls for the past three days. You have at least two cell phones, and if you use one now we’ll hear every word.”

“You what?” Westbay asked, incredulous.

Ms. Webb produced another set of papers and placed them on the table. “Here’s the wiretapping warrant signed by a U.S. magistrate.”

Pacheco said, “It appears as though you use the iPhone for most of your personal calls. Your Nokia is paid for by the hotel and seems to be used for business, and for calls to your girlfriend, Tammy James, a former waitress at Hooters. I’m assuming your wife does not know about Miss Tammy.”

Clyde’s jaw dropped but he couldn’t speak. Could the revelations about Tammy be more troubling than the murder charge? Perhaps, but his brain was scrambled and nothing made sense.

Pacheco, thoroughly enjoying the moment, continued, “And by the way, we got a warrant for Tammy’s phone too, and she’s also sleeping with a guy named Burke and another named Walter, and there could be others. But you need to forget about Tammy because your chances of ever touching her warm body again are quite slim.”

From somewhere in Westbay’s throat there was a rumbling, burping noise that only one agent managed to read. He grabbed a plastic wastebasket and said, “Here” just as the defendant turned and began retching loudly. His face turned blood red as he gagged and wheezed and finally managed to vomit properly. Everyone looked away for a few seconds, though the sounds were just as sickening. When all of his breakfast was finally at the bottom of the bin, Westbay wiped his mouth with the back of a hand. He kept his head down and made a strange whimpering noise. An agent handed him a wet hand towel and he wiped his mouth again. Eventually, he sat up straight and gritted his teeth, as if now fortified and ready for the firing squad.

A putrid odor began radiating from the wastebasket. An agent took it to the restroom.

Hahn took a step toward the table and said proudly, “Plus, we have records of all calls on both phones for the past two years. We’re tracking down those numbers as we speak. Somewhere in there is Vonn Dubose. We’ll eventually find his number.”

Westbay appeared to stop breathing. He gawked wild-eyed at Pacheco across the table, and finally managed to say, “I want a lawyer.”

“Who do you have in mind?”

His mind was paralyzed at the moment. He closed his eyes and tried to think of the name of a lawyer, any lawyer, or anyone who could possibly rescue him. There was a real estate lawyer he played golf with; a bankruptcy lawyer he drank with; a divorce lawyer who’d banished his first wife; and so on. Finally, “Okay, Gary Bullington.”

Pacheco shrugged and said, “Call him. Let’s hope he makes house calls.”

“I don’t have his number.”

“I got it,” said one of the other agents, looking at his laptop. He rattled off the number but Westbay’s hands were shaking too badly. He succeeded on the third try and stuck the phone to his ear. Mr. Bullington was in a meeting, but Westbay wouldn’t take no for an answer. As he waited, he looked at Pacheco and asked, “Can I have some privacy?”

Pacheco said, “Why bother? We’re listening anyway. Judge gave us permission.”

“Please.”

“Sure. It’s your hotel. In the bedroom.” Pacheco led him into the bedroom, but remained there with him. It was amusing to hear Westbay introduce himself to Bullington when he finally got him on the other end. If the two had ever met, it was not apparent. Westbay tried to explain his predicament, but Bullington, the lawyer, kept peppering him with questions. With his back to Pacheco, Westbay struggled to complete a sentence. “No, yes, look, they’re here right now, the FBI, lots of them, in Fort Walton, at the hotel…Yes, the indictment…federal, but…Would you just listen to me? I need for you to come to the hotel immediately. Drop everything…Your fee? Sure, how much…You gotta be kidding…Yes, federal capital murder…An FBI agent is staring at me right now, hearing every word…Okay…”

Westbay turned to Pacheco and said, “The lawyer says for you to leave the room.”

“Tell the lawyer to kiss my ass. I’m not leaving.”

Westbay turned around and said, “He says to kiss his ass. Look, how much for just today, you know, for hustling over here and giving me some advice before they string me up?…Wow. Why so much?…I got it, I got it. Okay, but hurry up.”

Westbay ended the call and said, “He says it’ll take him an hour.”

“We’re in no hurry, Clyde. In fact, we’ve got the suite for two days, at a rate that’s supposed to be off season but is still too high.”

They returned to the front room, where Hahn and the other agents were tinkering with two cameras on tripods. Pacheco said, “Now, Clyde, this is not an interrogation. We’ll wait for your lawyer before we quiz you. But to play it safe, we’re going to record everything that happens from this point forward. We don’t want some gunslinger to later claim there was a Miranda violation, do we? While we wait on Mr. Bullington, we have some video footage you might find interesting.”

Westbay was seated at the table, as was Pacheco. A laptop was placed between them and Hahn pressed a key. Pacheco said, “This is actual footage of the Dodge Ram being stolen in Foley, Alabama, you know the one you paid cash for at that bar just east of Pensacola on the evening of August 22, while young Zeke Foreman waited in your truck, the one with the fake Florida tags. Take a look.”

Westbay’s eyes narrowed to tiny slits as he stared at the screen. After seeing it the second time, he asked, “Who shot the video?”

Pacheco held up his hands. “Hold it! You don’t interrogate. We don’t interrogate. Not until your lawyer is here. This is simply for your own information. Perhaps these videos will help you make some good decisions later in the day.”

Hahn explained the second video, the one from Frog Freeman’s store. When Clyde saw himself parking the truck and getting out, his shoulders sagged an inch or so. With the sagging, the vomiting, the near fainting, the face blanching, and the weak, unsteady voice, Westbay was turning into putty. Allie sensed a quick kill, though the lawyer could complicate things, as they so often did.