John Lescroart - The Oath

As he watched him work, Hardy couldn't help but be struck again with the man's almost childish energy and enthusiasm. Freeman was seventy-six years old. He'd been practicing law for fifty years and though he'd seen it all, there was still precious little about it that didn't energize him. He came into his office every day of the week by about seven o'clock and when he didn't go to court, which he did as often as possible, he stayed at his desk until late dinnertime, then often returned for a nightcap or two while he whipped out a quick twenty pages of memos or correspondence.

It seemed to Hardy that the old man had shrunk three or four inches in the eight years they'd been associated, and put on fifteen pounds. He could almost braid his thin, long, white hair. If he let them grow, he could probably do the same with his eyebrows. A downright slovenly dresser-"juries don't trust good clothes"-he favored brown suits, many of them picked up in thrift stores, whether or not they fit perfectly. He never had them pressed. He smoked and/or chewed cigars constantly, and drank at least a bottle of wine, himself, every day at the office, and probably most of another for lunch and then again at dinner. He never exercised. The skin of his hands and face was mottled with liver spots. Today, he had bloodstains around his collar from where he'd cut himself shaving. Looking at him, Hardy thought he was the happiest, and possibly the healthiest, person on the planet.

And he didn't miss a trick. "You feeling all right, Diz? Getting enough sleep?"

Hardy thought he'd been looking right at him, but he hadn't noticed him look up. There was no point in getting into it, the mistake with his alarm clock, the whole question of children in one's life. If Hardy started whining, Freeman would only say, "You made that bed. Get over it." So Hardy left it at, "Postlunch slump is all. Plus, I got up early."

"I hope it was billable," Freeman said. He pointed across to his bar area. "You want another cup, help yourself. Meanwhile, speaking of billable, I'm at your service, but talk fast. I'm due in federal court in forty minutes. The appeal on Latham, God bless his wealthy murdering heart. So what got you up?"

Hardy gave him an abridged version of his meeting with Dr. Kensing, and the old man clucked disapprovingly. "You talked to a new client for more than an hour, even de facto took his case, a possible murder suspect, and the subject of your fees never came up?"

In the world of criminal law, you collected your fees up front. Hardy had experimented a time or two with being less than rigorous on that score and had discovered that the conventional wisdom turned out to be true. If you were successful and got your clients off, they didn't need a lawyer anymore, and why should they pay you? On the other hand, if you failed and they went to jail, why should they pay you for that, either? So you usually wanted to casually mention the word "retainer" within about six sensitive minutes after saying hello.

Freeman the kind mentor was merely reminding him. "This is why, my son, I'm afraid you're going to die impoverished and there is really no excuse for a good lawyer to die poor."

"Yes, sir. I believe you've mentioned something like that before. Anyway, I emphasized to Glitsky that he's a witness, not a suspect."

"Ah." Freeman nodded genially. "The good lieutenant wants to get to know him a little better, is that it?" The old man pulled himself up straight behind the desk and summoned his courtroom bellow. "Are you out of your mind?" He got his voice back under control. "A witness, not a suspect? He's a prime suspect! And I'll tell you something else. Kensing sure as hell thinks he is. Why do you think he wanted to get a lawyer onboard? In fact, the more I think about it, the more I like him."

"You've never met him."

"So what? You've only met him once. Are you trying to tell me that you know he's not guilty of murder?"

"He injected Markham with potassium?"

"Or ran him over. Maybe both."

"David-"

"Why not? The dead guy was screwing his wife, which is the oldest motive in the world."

"So after waiting two years, he killed him?"

His worldview intact, Freeman sat back, serene as Buddha. "Happens every day. Seriously, Diz. What about this doesn't work for you? It looks pretty good to me. Solid enough, anyway, for an indictment, easily for an arrest. You know how that works."

Seeing it now through Freeman's eyes, he was forced to concede that his client in fact did have motive, means, and opportunity to have killed Tim Markham. In his day, Hardy had won many grand jury indictments with any two of them, occasionally with only one.

And now he'd brokered this stupid little meeting with the head of homicide in a few hours. Kensing might show up here in the office and if more evidence had come to light, Glitsky might serve him with a grand jury subpoena, or even arrest him on the spot.

And all Hardy had done for Kensing to date had been to send him off to work with some low-watt advice and a little kneecap humor. He realized now that the familiar settings of the aquarium and the Shamrock and the two men's mutual friendship with Pico Morales had gotten him off on the wrong foot here, temporarily blinding him to the realities Kensing faced. What had he been thinking?

Suddenly he was on his feet. "Excuse me, David," he said. "I've got to get out of here."

"I have this incredible sense of de´ja` vu," Glitsky said.

"Didn't we already do this?"

"That was this morning," Hardy replied. "New opportunities abound if we but have the courage to face them."

The lieutenant leveled his eyes at his friend across his desk, then zipped open the side pocket of his all-weather jacket, pulled out a few disks of some kind of white stuff, broke off a piece, and popped it into his mouth. "Want some of this rice cake? It's awful." He looked at it for a long moment before he pitched it into the wastebasket.

"What happened to the peanuts?" Hardy asked. For years, one of Glitsky's desk drawers was the homicide detail's peanut receptacle and the lieutenant would often carry a few handfuls around with him. "I could eat a few peanuts."

"Too much cholesterol, or fat, or one of those. I forget which."

"So on top of the heart stuff, you got CRS, too?"

Glitsky sat back, folded his arms, and stared. "I'm not going to ask."

"Okay, fine. If you don't know, you don't know. And if you guessed wrong, you'd just say something negative anyway. But it's never too late to change, you know. Accentuate the positive."

"Latch on to the affirmative." Glitsky's voice was the essence of dry. "I've got another one for you. Let's call the whole thing off."

Hardy's brow clouded. "Different song. And notice, a negative theme again. But this time, as it turns out, precisely what I had in mind."

"What's that?"

"Well, I regret to inform you that my client will not be available for our interview this evening after all. This case is just too hot for me to let him talk. However, if you'd like to give me inquiries in writing, I'd be happy to try and get you any information you require."

Glitsky chortled. "And if you'd like to kiss my toes, perhaps I shall become a ballerina. It's been my dream."

The two men looked benignly at each other. Glitsky finally broke the impasse. "All right," he said. "What's CRS?"

Hardy paused for dramatic effect. "Can't…remember…shit." He grinned. "One sad day, you won't ask."

Glitsky had made it clear that the respective performances of Bracco and Fisk yesterday during the interview of Anita Tong left something to be desired, so much so that he'd forbidden them to talk directly to any of the other witnesses Tong had mentioned. Specifically, they were not to approach Eric Kensing or anyone at Parnassus headquarters. If they developed new leads for themselves and found anyone else on their own, they could use their judgment. Provided they immediately reported back to homicide-daily-with any results.