Mark Gimenez - The Color of Law

He figured, Consuela’s raising one little girl this summer, why not two? It was a perfect solution: Boo would have a playmate, this little girl wouldn’t be scared and alone in the projects, and he wouldn’t have to drive back into South Dallas. So in the emotion of the moment, Scott Fenney said words his wife would soon regret: “Pajamae, why don’t you stay at my house until after the trial?”

“What the hell am I supposed to do with her?”

Rebecca’s face was as red as her hair, her fists were embedded in her narrow hips, and she was glaring at him like he was a Neiman Marcus salesclerk who had brought her the wrong size dress to try on.

Scott had driven home directly from the courthouse. But as luck would have it, he had picked the one day his wife was not out social climbing to bring this little black girl home to Highland Park. Boo had said, “I love your hair,” and then had taken Pajamae upstairs. Consuela had retreated to the kitchen, and Scott found himself facing Rebecca’s wrath alone. Of course, Scott wasn’t about to tell his wife the whole truth, that he had brought this little black girl home mostly because he was scared to death to take her back to her own home. So he responded like a lawyer. He told her only part of the truth, the part that supported his position.

“She’s living alone down in the projects, she’s nine years old, she doesn’t have anyone else-she doesn’t even have air-conditioning! Hell, Rebecca, you go to Junior League and sit around with other Highland Park ladies dreaming up ways to help the less fortunate. This should win you the goddamn grand prize!”

“We help those people, Scott, but we don’t invite them home. You said yourself her mother’s going to be convicted. What are you going to do with her then, adopt her? Raise her as your daughter? Send her to Highland Park schools? Scott, there’s not another black kid at Boo’s school!”

Sometimes, as now, the intensity of his wife’s anger unnerved Scott, much as when his college coach would grab his face mask and pull him close and chew him out over a blown play. Back then Scott Fenney would stand mute before his coach, and now he stood mute before this beautiful angry woman. Only difference was, little bits of chewing tobacco were not spewing out of her mouth with each angry word and sticking to Scott’s face. Still, he would gladly swap this angry woman for wet tobacco in a heartbeat.

“And there’s sure as hell not another girl named Pajamae!”

Scotty, with this evidence, we just might save her life.”

Scott had escaped his wife’s wrath and found sanctuary in the friendly confines of Dibrell Tower; he and Bobby were having a late lunch upstairs at the Downtown Club. He had filled Bobby in on his visit to the projects and the Fenney family’s new houseguest and Rebecca’s reaction. Now Bobby was bringing Scott up to date on Shawanda’s legal case.

“My man Carl, the PI, he finds this Kiki, she backs up Shawanda’s story. No surprise there. But then he talks to some Highland Park cops he’s buddies with.” Bobby leaned across the table, close enough for Scott to smell his last cigarette on his breath; his voice dropped to a whisper. “Get this: turns out Clark McCall was accused of rape and assault a year ago. SMU sorority girl. She filed a complaint, but it disappeared when daddy-as in Senator Mack McCall-paid her off. Carl talked to the desk sergeant on duty that night, cop that took the complaint. He said the girl was slapped around pretty good.”

“How are we going to find her without the complaint?”

“Desk sergeant, he ain’t stupid. Figures the senator knows he knows, so he also figures it might come in handy one day: he kept a copy of the complaint.”

“Did he give it to Carl?”

“No way. He said it’s locked away in a safe-deposit box. Said if he gave it to Carl, they’d know it came from him, he’d get fired, and he’s only two years away from a pension. Said he’ll deny having it if we call him to testify. But he gave Carl the woman’s name, Hannah Steele. She lives in Galveston now.”

“Will she testify?”

“Carl’s flying down there today to find out.”

Scott turned his palms up. “So…?”

“So our defense is twofold. First, she didn’t pull the trigger, which is gonna be tough with her fingerprints on her gun and one of her bullets in his brain. And if she didn’t, who did? Clark? He suddenly realizes his evil ways and decides to make the world a better place and off himself? I don’t think so. Our backup is self-defense. He called her racial slurs, he attacked her, so she shot him in self-defense. But she’s black, a hooker, and a drug addict-who’s gonna believe her, right? That’s where Hannah Steele comes in, corroborating testimony. Nice white girl testifies Clark beat and raped her a year ago, jury figures maybe Shawanda’s telling the truth. And the jury’s got to include some blacks. We show them that Clark McCall was a racist and a rapist, we might just save her life.”

“An acquittal?”

Bobby gave him a look. “No, not an acquittal, Scotty. Life in prison, maybe parole in thirty with good time. You don’t get acquitted when your gun is the murder weapon and your fingerprints are on the gun and the gun was fired point-blank into the victim’s brain while he was lying on the floor. With that kind of evidence, life in prison is a win for her.”

“Goddamnit, Dan, you tell him to drop it and drop it now!”

The senator’s voice was so loud in Dan Ford’s ear that he pulled the phone away a few inches. Dan had just gotten a status report from Scott on the Shawanda Jones case and, per his agreement with the senator, he had immediately placed a call to Washington. Mack McCall, the senior senator from Texas, didn’t like what he heard.

“Bad enough, Dan, a hooker taking the stand and saying Clark beat her and called her nigger. But your boy starts parading white girls up there saying Clark beat and raped them, too, I’m fucking finished! I thought that girl was taken care of! And what if they dredge up that crap from college, Clark and his fraternity?”

Clark McCall had organized a “Minority Night” fraternity party where everyone dressed up as their favorite minority; Clark had gone in blackface as a pimp. Mack had bought off the newspaper to keep the story quiet. Dan Ford had been the bagman.

“The public will think he learned that at home! From me! Press gets hold of that, I’ll be branded another Strom fucking Thurmond! I’ll never see the inside of the White House!” A pause. “And, Dan, you will never be the president’s lawyer.”

“George W. Bush?”

“Yes,” Scott said.

Sid Greenberg seemed stunned. “The president used eminent domain to take people’s land for a baseball stadium?”

“He wasn’t the president back then, Sid. He wasn’t even the governor yet. While you were at Harvard being taught by left-wing professors, George Bush was running the Texas Rangers. They were playing in a crappy old stadium, so he got the city to condemn land to build a new stadium.”

“How is that a public use?”

“It’s not.”

“Then how could the city condemn the land?”

“Because the law allows it…or at least the courts haven’t stopped it. They did it for the Rangers stadium, they did it for the NASCAR motor speedway, they’re doing it for the new Cowboys stadium…Hell, Sid, they’re doing it all across the country and not just for roads and parks, but for stadiums and shopping malls and big box stores…”

“And now we’re going to do it for Dibrell’s hotel.”

Scott shrugged. “That’s the deal Tom made with the city.”

“We’re going to take poor people’s homes so rich people can stay in a five-star luxury hotel?” Sid looked indignant. “Why don’t they ever take rich people’s homes?”