- Margolin - The Last Innocent Man

The trial of Tony Seals was scheduled for late July, and David was working on his final preparations when the receptionist told him that Thomas Gault was in the reception room. David had seen little of the writer since the trial, except for a half-day interview for background on the book. David had not felt much like talking about Gault’s case, but he was sharing in the proceeds of the book and was obligated by contract to cooperate. The interview had taken place the day after the trial, and a week after that Gault had taken a vacation in the Caribbean, then gone into seclusion to finish the book.

David did a double take when his office door opened. Gault laughed. He loved to shock people, and his appearance provided a low-grade jolt. Below the neck Gault looked the same. It was his head that had changed. His long brown hair had been shorn off, leaving a gleaming skull, and his upper lip sported a Fu Manchu mustache.

“Jesus!” David said, to Gault’s delight. “Have you taken up professional wrestling?”

“I’m changing my image,” Gault answered with a grin.

“Sit down,” David said, shaking his head. “What brings you to town?”

“The book. My editor wants me to beef up the final chapters, so he suggested that I get a little more of your thinking about the trial.”

“What do you want to know?”

“I don’t know. It was his idea. What you ate the morning of the main event. Who does your clothes. Think of something. After all, I’m doing the work, but you’re getting part of the profits. Take an interest.”

“Tom, I have no idea what would interest your readers. Give me a hint.”

“You ever play any sports in high school or college?”

David shrugged.

“I ran a little track in college and wrestled some.”

“Okay. Why don’t you tell me how trying a case compares to the feeling you get just before a sporting event. How’s that?”

David thought for a few minutes before answering.

“I don’t think they’re that similar,” David said. “Winning or losing at sports depends on your performance during the sporting event, but a lawyer can’t win a case at trial. Or, anyway, not usually.”

“What do you mean?”

“Well, the facts of each case are determined by the time the case gets to you. All the facts might not be revealed, but they’re there. So a lawyer wins his case before trial by finding out, through investigation, what the facts are. A lawyer can’t change the facts, but once he knows what the facts are, he can deal with them. Try to get the jury to look at them in a certain way. And there is usually more than one way to look at the facts.

“A few years back I represented a man who tried to hold up a minimart. He walked in with a shotgun and told the manager to give him the money or he would kill him. The manager was a feisty little guy, and he whipped out a handgun and shot my client through the neck. When the police arrived, my man was lying in a pool of blood holding the gun, and there were five eyewitnesses who swore that he tried to rob the place. The DA charged my client with armed robbery. Those were the facts I started with. Want to guess the verdict?”

Gault smiled.

“It has to be not guilty, but how did you do it?”

“There were other facts we didn’t know about when we started. When they took the defendant to the hospital for surgery, they took a blood sample. One of the routine checks the hospital makes before performing surgery is to find out how much alcohol a person has in his system. My man was loaded. He had consumed so much alcohol that I was able to get two prominent psychiatrists to testify that a person in his condition would not be able to form the intent to commit the crime, and the district attorney must prove intent as one of the elements of the crime of armed robbery.

“The next step was to find out why my client drank like that. It turned out that his wife had died and he had gone to pieces. When I got him, he was already an alcoholic.

“Finally, we had to figure out why he had been at the minimart in the first place. My investigator asked around, and it turned out that our boy had been blotto that day. Two of his buddies had planned the robbery and sent him inside. He was so drunk, he didn’t know what he was doing. In fact, he doesn’t remember what happened to this day.

“When we presented all the facts to the jury, they acquitted. It wasn’t what we did at trial, but the investigation before trial, that mattered. Getting the facts, then presenting them in a favorable light at trial.”

“And is that what you did in the case of State versus Thomas Ira Gault? Manipulate the facts?” Gault asked with an impish grin.

David looked straight at Gault without smiling. The question had caught him off guard.

“Yes,” he answered.

“You know, David,” Gault said, “there is something I’ve always wanted to ask you. All the time you were defending me, and doing such a bang-up job, what did you think? Guilty or innocent? Tell me.”

“Guilty,” David said without a moment’s hesitation. Gault threw back his head and laughed loudly.

“Terrific. And you still worked your ass off. David, old buddy, you are a pro. Now, do you want to know something?” Gault asked in a conspiratorial tone.

“What?”

“Is that attorney-client thing-the privilege-is that still in effect?”

David nodded, very tense.

“Anything I tell you is secret, right? No police, nobody else finds out, right?”

David nodded again. Gault leaned back in his seat and grinned.

“Well, I did it, old buddy. Beat the shit out of her. Ah, she deserved it. She was a real bitch. I mean the original bitch. Anyway, I was tanked. Really polluted. But randy. Very hot to trot. And do you know what? She turned me down. The bitch would not spread. I couldn’t let her get away with that, could I, Dave? I mean, I was really ready for some exotic stuff. Not your missionary position. No, sir. I was going to dick her good. But she said no dice, so I decked her. It felt great.”

Gault paused for effect. David didn’t move.

“Have you ever hit a woman? No? It feels terrific. They’re soft. They can’t take the pain.”

Gault closed his eyes for a moment, and a beatific expression possessed his features.

“Julie was very soft, Dave. Soft in all the right places. And she adored pain. Loved it. So I gave her the ultimate in pain. I gave her death.”

Gault paused and looked directly at David.

“What do you think of that, Dave?”

David didn’t know what to say. He felt sick. Gault’s face had hardened into a sadistic mask as he talked, and the handsome features looked twisted and grotesque. Then the face split open and Gault began to shake with laughter.

“Oh, you should see your face. God!” he roared between breaths. David was confused by the sudden change.

“It’s not true. I made it all up,” the writer gasped. “What terrific dialogue. You should see your face.”

“I don’t…” David started.

“It’s a joke, son. Get it? A joke. I didn’t kill Julie. She was a bitch, all right, and I’m not broken up about her death. But, shit, she was a human being and I’d hate to see anyone go the way she did.”

Gault stopped and David tried to speak. He didn’t know whether he wanted to hit Gault or get a drink.

“You son of a bitch,” he said finally.

“Really had you going, didn’t I?”

“Jesus.”

“Serves you right for thinking I did it in the first place.”

But David didn’t know what to think. There had been something about the expression on Gault’s face when he was making his confession…

“Aren’t you going to say anything, old buddy?” Gault asked, his grin spread across his face.