Phillip Margolin - The Associate

“I have work for you. Come on the evening plane.”

Saturday morning, Daniel bolted out of sleep thinking that he was still in his cell. When he realized that he was safe in Kate’s guest room he fell back on the bed. Daniel was normally an early riser, but he had slept past nine. Just being in a place where the lights were not on twenty-four hours a day and screams and moans did not jerk him awake at all hours had been a luxury greater than silk sheets. There was a note from Kate on the kitchen table. She had taken an early flight to Arizona and hadn’t wanted to wake him. He wished she had. He remembered how happy he had been to see her waiting for him at the jail and he missed her already. Daniel reread Kate’s note. He liked holding something that she had touched and reading something that she had written just for him. Kate was very kind and very thoughtful.

There hadn’t been many people like that in Daniel’s life. In truth, Kate was the single positive note in the sorry mess that had become his life. Despite their barely knowing each other, Kate had made sure that a top defense attorney represented him, she was paying some of his legal fees, and she was letting him stay with her-knowing that he was charged with murder. Her support conveyed her complete confidence in his innocence. He couldn’t imagine getting through his ordeal without her. After breakfast, Daniel wandered aimlessly around the house, flipped channels on the television, and quickly lost interest in a science-fiction novel he found in Kate’s bookcase. Its plot wasn’t nearly as surreal as his life. What had happened to him? A little more than a week ago he’d been living a dream he had never dared imagine as a child. Now someone had stolen that dream. Daniel wanted his life back. One of the worst things about jail was being forced to stay inside. Daniel realized that he needed to get out in the world. He called Joe Molinari. “How’s the convict?” Molinari joked. “I’m cooped up at Kate Ross’s house and I’m going nuts.” “Ross, huh? That’ll make juicy office gossip.” “There’s nothing to gossip about. I’m hiding from reporters and Kate was kind enough to put me up.” “Of course.” “You’re a pig, Molinari.” “I assume you didn’t call just to insult me.” “True. Do you want to go for a run? I’ve got to get some exercise.” “Sounds good.” “Can you drive me over to my apartment so I can get my car and my running gear?” “No problem. See you soon.”

A fire-engine-red Porsche pulled up in front of Kate’s house. Joe honked the horn and waved. “Jesus, Molinari, I’m trying to be inconspicuous.” “Don’t worry,” Joe said as he peeled out, “you’re too ugly to attract attention. Everyone will be looking at me.” Daniel relaxed and enjoyed the ride. It was cool, but the sun brought everyone out and the streets of northwest Portland were crowded with strolling couples. “Go around the block once,” Daniel instructed when they were a few streets from his apartment building. “I want to make certain that there aren’t any reporters waiting for me.” “This celebrity thing is going to your head. Who do you think you are, O.J.?” “Hey, I’m feeling a lot of empathy for O.J. at the moment.” As the Porsche cruised by Daniel’s apartment house, a large man in jeans, a black windbreaker, and a baseball cap came out of the front door and crossed the street to a black pickup truck. He looked familiar, but Daniel was certain he had never seen him in the building. When they came around the block the next time, the pickup was gone. Molinari parked in the street and Daniel ran up the stairs. Kate had been right about the chaos inside. The cops had obviously never heard that neatness counts. Daniel didn’t feel like dealing with the mess right away. He grabbed his workout gear and changed in the bathroom, then he stuffed some extra clothes in a duffel bag and ran down to the small lot at the side of the building where his car was parked. With Molinari following behind, Daniel drove past the zoo and the Forestry Center and parked up the road from the Vietnam Memorial. The two men stretched before taking off through the woods along one of the trails that wound through Washington Park. It took a while for Daniel to get his rhythm, and it didn’t help that the first half mile was uphill.

“Feel like telling me what’s going on?” Molinari asked. “You shouldn’t get involved.” “From what I can see, you don’t have too many people on your side. I’d like to be one of them.” Daniel knew that he probably shouldn’t talk about his case with Molinari, but Joe was one of the few people at the firm who’d stood by him. And he was smart. Maybe Joe would see something that he had missed. It would also be a relief to be able to talk about everything he’d kept bottled inside. Daniel started with the night that Susan conned him into reviewing the discovery and ended with his arrest. The only part of the story he omitted was the call from Arthur Briggs and his presence at the cottage. The prosecutor couldn’t prove he’d been at the scene of Briggs’s murder and Daniel didn’t want to make Joe Molinari a state’s witness. “Any brilliant insights you’d care to share?” Daniel asked when he was through. “Not really, but it’s sure a funny coincidence that Flynn got lucky again so soon after finding the Kaidanov letter.”

“What do you mean?” “Jaffe demolished Fairweather under oath. After Oregon Mutual sees a transcript of her testimony they’ll be begging Reed, Briggs to settle and Flynn will collect a nice fat attorney’s fee.” As they ran up a small rise Daniel suddenly remembered that Flynn had sent one of his associates to sit in on his hearing. An odd thought occurred to him. Did Flynn know what was going to happen when Fairweather took the stand? Was Flynn the guardian angel who sent Amanda the videotape of Fairweather’s speech? “You know, I just got a crazy idea,” Molinari said as they started downhill. “Do you think it’s possible that Aaron Flynn has a mole at Reed, Briggs?” “Like in the spy novels?” “Seriously, think about it. How did Kaidanov’s letter get into the box of discovery? How did a tape from Arthur Briggs’s office find its way to Amanda Jaffe?” The trail narrowed and the men ran single file in silence until it widened giving Daniel time to think. He liked Flynn. He remembered how natural he’d been with Patrick Cummings. Daniel knew that Flynn was flamboyant and aggressive. He didn’t want to think that he was dishonest. “Someone at Geller could have included Kaidanov’s letter by mistake when they compiled the discovery,” Daniel said. “You told me that everyone at Geller swears that they’ve never seen that letter or the Kaidanov report,” Molinari countered. “They would if they’re lying.” “But how would someone at Geller know about Fairweather’s case?” Joe insisted.

“It has nothing to do with Geller Pharmaceuticals. If someone at Reed, Briggs sent Amanda that tape to help Flynn they could also have slipped the Kaidanov letter into the discovery.” “Okay, suppose you’re right. Who’s the mole?” “Oregon Mutual was Briggs’s client, so, technically, the suit against Fairweather was Briggs’s case, but Brock Newbauer and Susan Webster were doing most of the work on it. They’d know about the videotape.” “Brock and Susan are also on the Insufort team,” Daniel said. “Something happened after you left that fits into my theory,” Joe told Daniel. “Briggs called a meeting on the day he was killed to discuss what to do in the Insufort litigation. Brock Newbauer was complaining that he wanted Geller to settle, but Briggs wouldn’t listen to him.” “Is Brock running the Geller defense now?”

“Technically, but I’m guessing that Susan is calling the shots.” “Why do you say that?” “Brock only made partner because his family owns Newbauer Construction, one of our biggest clients. He’s a joke around the firm. Haven’t you noticed how long he takes for lunch, and have you ever smelled his breath when he gets back? He could never get a handle on a case as complex as the Insufort litigation. The science would be beyond him. Briggs represented the Newbauer account, which brings in mucho dinero. He had to baby-sit Brock to keep the client happy.” “And you said that Brock wanted Geller to settle?” Molinari nodded. “If Flynn does have a mole at Reed, Briggs that’s exactly what he would want.”