John Domini - Talking Heads - 77

EXAMPLE: Kit gets first look at papers (note hands v. spidery and task-specific as he removes & unfolds), & then K says to Corinna, Relax, relax. Nobody’s charging me with anything.

Grand jury—State-level investigations into possible crim. wrongdoing. Note possible wrongdoing: G.J. investigates, only. Cannot itself prosecute or convict.

EX.: K says to C, Relax. They just want testimony.

— Note crim . wrongdoing: G.J. covened only where felony indictments expected. District Attorney initiates. Crim. sub. required. Wording of document carries harsher implications of “crim.,” suggesting 1), hierarchy of lords & vassals, 2), finality of exorcism: In the name of the Commonwealth of Massachusetts you are hereby commanded to appear…

EX.: Looking over subp., C reveals Cosmo-Girl nerves, touching hair & belt. Says, K, you better talk to your lawyer.

Officer’s return—Receipt for papers served. Server must be officerof court; s/he delivers original plus one copy of crim. sub., & person served signs & returns copy. Note keeping original = closeness to Source, to Absolutes.

EX.: C says, K, call your lawyer. Call the guy. You told me when I signed the contract that he was a good one.

—“Off. Ret.”also name of folk song? Heard on lan & Sylvia album? Carolyn Hester? Tune comes to mind, keening Highlands thing.

EX: Trying to recall K retreats to desk, & w/ subp. in lap stares out over front cubicles. Hospital spaces. Numbed soldier returned from war. If K. called Bette now, if he reached her out on island, would she sing it for him, “Off. Ret.”?Memory: B.’s salt-raw soprano

True bill of indictment—Actual criminal charges, brought following G.J. G.J. not bound by same rules court of law; hearsay allowable, cross-examination by several officersat a time, badgering & entrapment of witn’s. Whole purpose of G.J. to generate indictment. Note dunning reminders of authority:

True bill. Authority, sanctity, ultimacy.

!—Strongly recc’d have att’y present at G.J.

!—Strongly recc’d meet w/ att’y beforehand & establish testimony.

EX.: Pop’s intensity recalls Law maniacs at Harvard, all-nighters all exam week. Pop reports rumors of “tough” G.J., speculation in yesterday’s Globe . Says, I saw your name in the paper, too, K. You were in there all weekend. Speaking to you as my client, K., I’m not sure that this delay in coming forward will cast your testimony in the best light.

Gag order, Shield law—Aspects of G.J. pertaining journalists, media.

— Gag o. judicial order to keep all testimony & exchanges w/in G.J. confidential. Not usual case. In usual case only materials produced by G.J. itself are confid’l. Only court recorder’s notes etc. confid’l. Anyone else free to speak, publish.

— Gag o. must be requested from circuit court, & judge doesn’t always agree. D. A. who wants set up G.J. quickly won’t bother.

EX.: K nodding at phone, trying sound like he knows what he’s doing: Oh yeah, the Gag o. I don’t see anything like that here.

— Shield lawjournalist’s right of confidentiality, re. sources. Even before G.J., journ’t. may omit details or refuse to answer when source’s safety in question. Mass. sh. lawoldest in country. Colonial.

Applies esp. if source currently incarcerated (squealers die). Also family members of incarcerated source, themselves out of prison, considered vulnerable.

Re. Carlos “Jr.” Rebes, self, Sh. lawirrelevant. But, Pop says, if you as my client were in touch with his family, and if in your judgment his family is facing possible abuse or serious harm.

!—Sea L can publish (see Gag o.).

!—K. can remain silent (see Sh. law).

ABUSE OR SERIOUS HARM—

EX.: K makes app’t to meet Pop @ lunch. 12:30. Eyes stray to table teepees up over desk, paper V’s taped to glass wall: Jackalope from Wyoming, etc. Cartoon paper, picked up when younger & travelling alone.

*

“Is this about the subpoena?” Corinna asked. “Is there something in that subpoena, making you do this?”

Kit kept shaking his head. By now Corinna and Zia had asked the same question, in one form or another, two or three times apiece.

“I’m sorry,” he said.

Corinna kept pressing. “What do they want from you? State of Massachusetts, Grand Jury. Big shots.”

“Corinna, it’s not like I’m telling you the Grand Jury doesn’t scare me. It scares me, no question. You saw me in there.”

“Yeah but that’s just what I’m saying, Kit. You sit in your office all shrunk up over the phone, shrunk up massaging your neck — and then you come out and lock the door and say to put the message on the phone. You say, ‘Guys, we need to talk.’ Kit, I mean , what’s that Grand Jury got on you?”

“Aw, please. I’m not a criminal.”

“Kit, listen — I know about things like this. I know a Grand Jury, sometimes it’s got a rule that says no one can talk. No one can say anything about what’s going on.”

Kit hoped he looked as impressed as he felt. But once more he shook his head.

“Kit, I mean. These people and their subpoena, aren’t they the same people who said you could go down there in the first place? Said you could go down to Monsod and get yourself all banged up.” Corinna ran her glossy fingernails down one side of her face. “It’s the same people, running this Grand Jury. Same big shots.”

“Corinna. If you want to blame someone, blame me. This is my call. My decision.”

“Kit. You really want to close the paper ?”

“I want to suspend publication. For the time being.”

“Well what’s that mean? How long?”

“Ah, till I’ve finished my testimony on Monsod.”

Really, Viddich? Was there really some moment of clearance out there? A point at which all this outrageous fortune settled back down into manageable office ethics — back to sea level? Kit hadn’t thought it through, or not beyond what he’d just managed to put into words. And the woman could tell. Corinna kept on complaining, her accent thickening. As her body language picked up the shoulders of her dress slipped, exposing her bra straps. She swung round in her chair, facing Zia.

“What about you, you got nothing to say? You on some drugs today, girl?”

The writer sat sunk behind the bright patchwork of her desktop. Chin down, face soft, she didn’t answer. Zia had said next to nothing in fact since Kit had come out of his office, out of note-taking actual and imaginary, and turned the lock on the hallway door. Now inside the macho collar of her jacket, of course a black leather jacket, Zia’s pout appeared to have grown more fleshy, younger. Girl. Kit remembered her in the headscarf at the Sons of Columbus. Thursday night — ow. And yet, nutty as he’d been to run out there, at the Sons of Columbus he’d wound up accomplishing something. He’d won Zia’s trust, he’d seen her secrets. Running around out of his mind, he’d done some good. But now what about today, when he was trying to do good?

“Zia,” Kit suggested, “give Rachel a call. Rachel at the Globe . She’ll be glad to hear you’re getting time off.”