Brad Meltzer - Dead Even

“You, too,” Jared said flatly.

“What happened to your face?”

“None of your business.”

“Have it your way. You seen your wife?”

“No. Why?”

“Because I need to speak to her, and I’m not sure where she is.”

“You did fine without her last time,” Kozlow said, laughing.

“That’s funny,” Conrad said. “I hope you’re laughing like that at your sentencing hearing. It’s a great way to show everyone what a hump you are.”

“Okay, we get the picture,” Jared said, standing up. “You’re a real tough guy. Now get away from my client before I file harassment charges.”

Standing face-to-face with Jared, Conrad said, “I guess you have no idea how hard it is to prove harassment.”

“And you must have no idea how hard it is to be on the receiving end of the suit. Even if you win, it’ll consume six months of your life.”

Before Conrad could say another word, Sara came bursting through the door. Jared and Conrad looked at each other and fell silent. “What happened to your face?” Sara asked.

“Nothing,” Jared said.

Five minutes later, the court clerk called case number 0318-98: State of New York v. Anthony Kozlow . With his angular jaw and perfectly trimmed beard, Judge Bogdanos cut a handsome but intimidating figure. As a prosecutor almost twelve years ago, he had been well known for his zealous, almost irrational belief that anyone who was arrested was guilty of something. To defense attorneys, Bogdanos was biased; to prosecutors, he was a hero.

“I’ll keep this short and sweet,” he said as the parties sat down. “On the defendant’s motion for a continuance for further fact finding, motion denied. On the defendant’s motion to suppress the diamond watch, motion denied. On the defendant’s motion to suppress the silver golf ball, motion denied. On the defendant’s motion to suppress the testimony of Officer Michael McCabe, motion denied. On the defendant’s motion to suppress the testimony of Patricia Harrison, motion denied. On the defendant’s motion to suppress the testimony of the 911 operator, motion denied. On the defendant’s motion denying probable cause, motion denied.”

And so it went. All thirty-four of Jared’s motions were ruled on, all of them denied. When Bogdanos was finished reading his decisions, he looked up and said, “Mr. Lynch, while I admire your persistence, I want you to know that I don’t enjoy having my time wasted. In life, there are rare moments when quantity is more important than quality, but believe me when I say that this is not one of them. Understand?”

“Yes, Your Honor,” Jared said, his eyes on the judge.

“Perfect. Then let’s set a trial date. If it’s possible, I’d like to do it next Thursday.”

“That’s fine with the People, Your Honor,” Sara said.

Although tempted to ask for a later date, Jared kept quiet. Forcing a grin, he said, “The defense will be ready, Your Honor.”

“Good,” Bogdanos said. “I’ll see you all then.” With a quick flick of his wrist, he banged his gavel and the clerk called the next case.

“How’d it go?” Kathleen asked as Jared passed her desk.

Without responding, Jared headed straight for his office and closed the door.

In a minute, Kathleen followed. Expecting Jared to be at his desk, she was surprised to find him lying on the floor, his arms over his eyes. “Are you okay?” she asked.

Jared was still silent.

“Jared, answer me. Are you okay? What happened to your face?”

“I’m fine,” he whispered.

“Where’s Kozlow?”

“I’m not sure. He left the moment we got out of the courthouse. Probably went to tell Rafferty that I blew it.”

“I guess that means the decisions didn’t go your way?”

With his arms still covering his eyes, he added, “I should’ve seen it coming. I mean, except for one or two of them, all of those motions were worthless. I was just hoping that we could catch a break.”

“From Bogdanos? You know better than that.”

Shaking his head, Jared said, “Kathleen, I’m in trouble. I don’t think we have a chance.”

“Don’t say that. The trial hasn’t even started yet. In fact, when-”

“I’m serious,” he interrupted. “It’s completely stacked against us.”

“Jared, you’re a defense attorney representing a guilty party. It’s supposed to be stacked against you.” She sat down next to her boss. “It was stacked against you in the Wexler case, and you pulled it out. And the Riley case. And the Shoretz case.”

“Those were different,” he said. “Those didn’t have-”

“They didn’t have what? They didn’t have your wife as the prosecutor? They didn’t have the consequences of this case? Obviously, this case is bigger. But that doesn’t mean we can’t save her. Sara’s not unbeatable – she’s a new recruit who got a few lucky breaks. Otherwise, you’re still the self-assured boy wonder. You know I’m right, Jared. Head-to-head, you have the advantage. She’s going to be okay. She will. So don’t shut down just because things aren’t going your way.”

Unconvinced, Jared continued to lie there, his arms still hiding his eyes.

“C’mon,” Kathleen demanded. “Wake the hell up. You’ve been like this ever since Barrow died. Regain control. Isn’t that what you’re always telling the new associates? Take charge. Take control.”

“Listen, I appreciate what you’re trying to do, but I’m not in the mood right now,” Jared said. “Please just leave me alone. I’ll come around when I’m ready.”

“I wouldn’t wait too long,” Kathleen said. “The clock is ticking.”

“Oh, man, how fantastic was that?” Guff asked when they returned to Sara’s office. “I haven’t seen such a slaughter since the dinosaurs encountered that cold spell. E-X-T-I-N-C-T. Extinct, extinct, extinct!”

“It wasn’t that bad,” Sara said.

“Are you kidding?” Guff asked. “Did you see Jared’s face when Bogdanos announced the decisions? Denied, denied, denied, denied, denied. It started sounding like the synopsis of my dating history.”

“If it’s possible, it was worse than your dating history,” Conrad said with a wide smile. “That was a full-scale massacre. Carnage, butchery, bloodbath, annihilation.”

“Maybe I should give him a call,” Sara said, reaching for the phone. “Just to make sure he’s-”

“He’ll be fine,” Conrad said. “It’s all part of the game.”

“I’ll tell you what,” Guff said. “Insane as it sounds, today’s the kind of day that makes me want to be a lawyer.”

“Milk it for all it’s worth,” Conrad said. “Because now comes the hard part. Now we have to put together a trial.”

At nine o’clock that evening, in Sara’s office, Conrad watched Sara cross-examine Guff for the seventh time in the last two hours.

“So, Mr. Kozlow,” Sara asked Guff, “why don’t you tell the court exactly how you murdered Mr. Doniger.”

“No, no, no, you’re doing it again,” Conrad interrupted before Guff could respond. “Don’t goad him – lead him. Lead him to where you want to go and hold on to him the moment you get there.”

“I feel like I’ve heard that philosophy before,” Sara said. “I think it was in… the Gulag.”

“It may seem extreme, but in life and in court, that’s how you get what you want.” Turning toward the sofa where Guff was seated, Conrad said, “Mr. Kozlow, you were in Arnold Doniger’s house that night, weren’t you?”

“No, I-” Guff began.

“And that’s the only way to explain how you got Claire’s watch and golf ball, isn’t it?” He looked back to Sara. “Make sure every question counts. The jury is looking to you for their cues, and in their eyes, every stutter is a lie.”