George Higgins - A change of gravity

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Golden conferred urgently with Blanchard, pulling her loose to whisper and cupping her hand over the side of her face otherwise visible from the bench. Blanchard shook her head and said audibly: "No, I never have been."

Golden sighed. She lowered her hand and faced the bench. "She says she's never been tested, your Honor."

The judge sighed and shook his head. "Oh dear," he said, "I was afraid of that.

"Well, no help for it; this is what I'm going to do here. Having in mind the very real anxiety that Officer Morrison and his wife have to feel here, Mrs. Blanchard, and also the fact that as I'm sure Attorney Golden can tell you I have no power to order you to do this; there's a law against it and anyway, as I see it, you could invoke the Fifth Amendment: I am going to put over for one week formal imposition of the sentence in this case. During that time I want you to consult with your attorney and decide, of your own free will, whether you should have a blood test to determine whether you carry the virus that causes AIDS. If you do that you'll be able to say whether you would have tested positive when you attacked Officer Morrison last month. And, if you instruct the testing lab to deliver a copy of the results to Mister Merrion, my clerk, for the court's information and that of Officer Morrison, we will then know that too.

"Now, if all that should take place, this is what I will do here when I review the case next week:

"I'll suspend imposition of the sentence to MCI Framingham for a period of two years, provided you agree to resign immediately from the School Advisory Committee, making a public statement you now understand that your conduct at the town meeting was an outrageous, shameful, reckless, and dangerous act for which you are deeply, deeply sorry. And ashamed.

And that even though you have expressed your deep regret to Officer Morrison and are keeping him in your prayers for his full recovery of the use of his left hand, you agree your actions mean that you're unfit to serve on the committee. And so you must step down.

"Assuming you decide that it's in everyone's best interest for you to do that, and the test results turn out to be negative as I'm sure you hope they do as fervently as everyone else involved you will further agree that at the end of that two-year period you will voluntarily submit to testing again. And if those results also prove to be negative for the HIV virus, and you have not been in any other trouble between now and then, I will reconsider, revise and revoke the jail sentence and you will be free to go."

Blanchard's first blood test had been negative. In the fourteen months since then the x-rays had shown that Morrison's tendon had failed to repair itself. Surgery had been performed. The doctors had found greater damage to the thumb joint than the x-rays had led them to expect, and now believed the operation should have been performed the night of the attack. They predicted Morrison would never regain more than sixty percent use of his left hand probably less, around forty.

Morrison two days later received a letter from Sidney Ferris, P.C." A Legal Corporation, doing business at 16 Amherst St. in Hampton Falls, expressing his belief that the officer had grounds for a medical malpractice suit which could be brought on a contingent' fee basis at absolutely no cost or expense to him unless the suit was successful, in which case the fee would be one-third of the damages collected.

Morrison had retained Ferris as his lawyer, authorizing him to file suit against Holyoke Hospital and the attending physician on duty in the emergency room town-meeting night, claiming actual damages for lost career earnings of $625,000 and an additional $600,000 for mental anguish, pain and suffering.

Ferris also handled Morrison's case before the Board of Workmen's Compensation, which awarded a tax-exempt permanent disability pension equal to fifty percent of his patrolman's pay. Ferris on behalf of Morrison had filed an appeal, saying that, as a matter of law, since Morrison had been injured in the line of duty, he was entitled either to a pension equal to one hundred percent of his pay, or else a fifty-percent pension calculated on the basis of the wages that he would have earned, given his likely prospects of rapid promotion to higher ranks during the additional thirty-three years he had expected to serve on the force.

Purely for amusement one night in the bar at Grey Hills, Merrion one night while having drinks with Hilliard had used drink-napkins to estimate the probable total cost of Iris Blanchard's tantrum, not only to the taxpayers of the town of Canterbury but also to the hospital and the doctor and their insurance carriers as well. Hilliard worked the figures faster in his head than Merrion could write them down on the napkins.

"With interest compounded at six percent, by the time they get the malpractice case tried, and figuring Morrison lives another fifty years, which at twenty-eight he should, collecting his pension all that time, I figure a little over seven million bucks. Seven million, seventy-thousand, you throw in the cost of Sally's two Blazers, the most expensive trucks built since the world began. And a good thing for all involved old Iris wasn't bred for the work, like a pit bull or something, take a man's arm off at the elbow; have to deed the cop the town if she had been."

When Merrion got to his car, alert for sounds of stealthy scuffling in the dark as he always was such nights, even though he was at the police station, lest some disgruntled defendant after being released had waited in the shadows to conk him when he came out and swipe his wallet and his car. Hearing nothing, he unlocked the Caddy quickly, tossing the portfolio in the back seat, sliding in and closing up all in one swift motion, re-locking the doors as he turned on the engine, the earphone keypad glowing green and chirping readiness on the center console.

At the next corner he had made up his mind and said loudly and roundly:

"Call… Danny." As he took the turn the voice-activated dialer started hooping digits to reach Hilliard at his condo at the Wisdom House in Hampton Pond (to call Hilliard at his office Merrion would have said: "Call… Hilliard'; in his Mercedes "Call… Daniel').

Moving north on Truman Boulevard under the blacker shadows cast by the oaks along the edges, he listened to the phone ring eleven times before Hilliard answered thickly through the phlegm of sleep: This'd better be important." Then he coughed.

"It is," Merrion said. "Put some coffee on for yourself and pour me a serious drink. No traffic, this hour. I'll be there in ten or twelve minutes."

"Minutes?" Hilliard said, 'what minutes. Whaddaya talkin'. You muss be drunk or you're nuts. You got any idea what time…"

"Yeah, one-forty-one," Merrion said, glancing at the digital clock on the dash. "I'm coming from the Canterbury cop house and I'm not drunk although I must be about the only one who's still awake in town and isn't. Very drunk out tonight. Every time I thought we must be finished, they'd bring in another indi gene tanked to the gills, singin' and talkin', all kinds of ragtime. Disgusting how they carry on."

During the late Seventies, Sal Paradisio had returned from a convention of the International Association of Chiefs of Police in Montreal smitten by the lingo in a lecture given by an Indiana University criminologist from Bloomington. He had started referring to locally resident groups as 'the indigenous population' and to individual residents as indi genes The usage had become a Canterbury PD inside joke. Richie Hammond and Merrion when Richie for some reason wasn't hogging the bail fees as usual had gotten used to being summoned by solemn cops on busy weekends to 'come down and handle a whole herd' ah misbehavin' indi genes Two decades later Merrion still heard older officers say 'the fuckin' indi genes getting' outta hand again."

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