John Lescroart - The Second Chair

"Any word from Glitsky?" Wu asked him.

"He's not answering, so I'm assuming he's too busy. I left a message that we want to know the second he's got anything firm. Meanwhile, I'm going up to have a word with Andrew and his folks. If I'm not interrupting anything here, you want to come along?"

Coming from her boss, this wasn't really a request. Wu hesitated, then stood up and fell in next to him as he continued walking. "He's not going to call Juan Salarco," she said.

Hardy nodded, believing that the decision was the proper one. Though Juan's testimony might have undercut his wife's credibility somewhat, in the end his identification of Andrew in the lineup was already on the record, and the differences in the stories and interpretations of the husband and wife were what juries were for. Further, once he got on the stand, Hardy or Wu would have a chance to cross-examine him and perhaps expose other weaknesses that they could later exploit at the trial. "So that's it for witnesses then?"

"It looks like."

"Then it's over. We get the ruling when we go back in." Hardy took a few more steps, then asked, "What were you two arguing about? It wasn't that he isn't calling Salarco."

"No, it's that he won't call Jackman."

"Why should he? As his honor was kind enough to point out, if they get anything, Jackman will call him. Mr. Brandt is just playing it out."

"A game, right."

"Well, in some ways it is a game, Wu. You know that."

"Not for Andrew," she said.

"No, though it was when you started with him, wasn't it?"

Her shoulders fell with the truth of that. "It's just that keeping track of when it's a game and when it's not"- she broke a weary smile-"it can wear a girl out." They hadn't yet reached the gate that enclosed the cabins, and Wu stopped walking. "But this is just so clearly wrong, don't you think? Andrew didn't kill anybody."

"No. I don't believe he did either."

"That's what I asked Jason, whether or not he believed it. He said that wasn't the point. He didn't want to go there."

"He's right. His job right now is to present the petitioner's argument."

"Even if he knows it's wrong?"

"Even then. And in this case, he doesn't know he's wrong. He's just a lot more likely to be wrong than he used to be."

"And so Andrew winds up screwed again?"

"You don't want to be screwed, don't get in the system. But for the time being, that's what it looks like. But it won't last much longer, I don't think."

Wu bit her lip, shook her head. "This is all my fault, you know that? Every bit of it. If I hadn't been so arrogant and stupid, Johnson might be listening to all this new information with an open mind, instead of being so blind… I mean, what if Andrew had succeeding in killing himself? That would have been completely my fault. And now, every extra minute that he spends in jail…"

Hardy stopped her. "You thought you were doing what was best for your client. That's the job."

"But he wasn't guilty."

"You didn't know that. You thought he was."

"I always thought they were. They always have been before."

"Okay, so maybe you won't think that anymore. It's not all about strategy and leverage. Sometimes- not often, I grant you, but sometimes- it's about the truth."

The small visitors' room was too small for all of them, so Bailiff Nelson had accompanied Andrew, Hardy, Wu and the Norths back down the hill to the courtroom, where they now sat. "But this makes no sense at all," Linda North said. "We know that Mr. Mooney and Laura were both killed by this Executioner, don't we?" She looked around at them all, wide-eyed. "Don't we all know that? Is it just me?"

Hardy nodded. "No, it's not just you, and yes, we know it. But we don't have proof."

"What more proof would we need?" Hal asked.

"Physical evidence," Hardy said. "We know that they've matched the slugs that killed at least three of the Executioner's victims. I'm asking the police to take another pass at Mooney's place, try to find the slugs. Either they'll do it or I'll find some investigators and pay them to."

"But what if nobody finds them?" Linda asked.

"Then maybe they'll find this Executioner and he'll confess to killing Mooney. Or maybe Juan Salarco could withdraw his ID. Any of those would be good."

"But what if," Linda went on, "what if we don't get any of them? Are you saying they won't let Andrew go?"

"They still might, yes," Hardy said. "But they might not."

"And in the meanwhile," Andrew said in his damaged voice, "what happens to me?"

"I'll be here," his mother said to him. "I'll be here every day."

"We'll both be here," Hal added.

Hardy put a hand on the young man's arm, gave what he hoped was a reassuring squeeze. "I've got to ask you to sit tight awhile longer. You think you can do that? This is going to work out. I promise you. We're almost done."

Hal couldn't let it go. "But the judge must know now, doesn't he? I mean, the coincidence is so great it really couldn't be anything else."

"In fact," Hardy said, "it could be something else. Somebody else besides the Executioner could have had a motive to kill Mooney, or Laura, though I wouldn't bet on it. But Andrew's guilt or innocence isn't what this hearing is about anyway."

"And meanwhile he sits in jail," his mother said.

"Really, though," Hardy said, "not for too much longer."

"This is just a fucking travesty," Hal said.

Hardy met his angry gaze with one of his own. "I couldn't agree with you more."

Nelson's bulk appeared at the table beside them. "Mr. Hardy, Ms. Wu, his honor would like to see both of you in chambers."

They exchanged a worried glance, excused themselves and walked back out through the bullpen. Nelson knocked on the judge's door, got a "Yes?" and pushed it open.

This time, they had room to enter and even to sit on two of the three chairs that had been placed in front of Johnson's desk, where the judge sat without his robes, in shirt and tie. Much to Hardy's surprise, he looked up from the document he was perusing and greeted them more or less genially. "I've asked Mr. Brandt to join us as well, and I'd prefer to say nothing until he arrives." He went back to his document, occasionally taking a note or striking a phrase.

Brandt didn't keep them waiting long, and as soon as he'd come in and sat, Johnson adjusted his glasses and began to speak. "I want to thank you all for coming by. You'll notice that I have not asked the court recorder to join us. This is because I'd like this meeting to be off the record. Does anyone have an objection to that?"

No one did.

"As all of you I'm sure realize, this has been an acrimonious case from the outset. I've spent the last hour and a half here at my desk thinking about what we've seen and heard about this minor Andrew Bartlett, his attempted suicide, and so on. It's led me to wonder if perhaps some of the earlier defense motions and strategies presented in this case might have antagonized the court to a degree that is incompatible with the interests of justice. The fact of the matter is that I've been very angry and remain very angry at what I've taken to be deliberate manipulation of the court."

"Your honor…!"

"That's all right, Ms. Wu. I'm not accusing you of anything now. I'm pretty well over it." He took off his glasses and laid them on the desk in front of him. "Mr. Hardy, your representation in the courtroom this morning was, as you pointed out, compelling and highly relevant. However, as I tried to make clear about half a dozen times, I wasn't going to allow this hearing and the reason for it to become bogged down in the question of Mr. Bartlett's innocence or guilt. But now we've heard from all the defense witnesses, and Mr. Brandt, I understand you won't be calling anyone?"