Andrew Vachss - Down Here

“Mossad? Yeah, I’m so fucking sure. Every gun nut around has got a Mossad story, but you’re grasping at straws with this one, pal.”

“Is that right?” he demanded, face flushing in the overhead lights. “How can you be so positive? You take subsonic ammo, put a silencer on the piece, you could probably do someone in church, nobody’d even look up from praying. And, remember, the shooter picked up his brass; that’s a pro touch.”

“You’re riding the wrong bus,” I said. “A pro wouldn’t use a bullet like that anywhere but a head shot. Never mind fucking Mossad, okay? Caliber like that, those guys would have gone for a triple-tap. Unless you’re saying the ammo was tipped?”

“No, it was all hardball.”

“No hollowpoints, no cyanide for a make-sure, and no head shots. Plus, whoever tried to do him didn’t stay around long enough to finish the job. Yeah, you’re right—a professional assassin would be my first guess, too.”

“They could have heard someone coming,” he said, lamely.

“Not from the way you laid it out the first time. Anyway, we both know, someone walks into the middle of a pro hit, there would have been one more body.”

The waiter cleared away the remnants of our meal, asked us if we wanted dessert. Laura Reinhardt raised her eyebrows at me. “I could go for a little tórta, ” I said.

She held up two fingers.

“Now, that may have been going too far,” she said, patting her lips with a white napkin when she was done. She leaned back in her chair, seemed to think better of it, and bent toward me. I lit another cigarette for her.

“Tell me about the book,” she said.

“You’ve been reading about the death-penalty cases—the ones where they find out, years later, that a man sentenced to death was innocent all along?”

“I’ve seen things on TV, that’s all.”

“It’s a national scandal,” I said, locking her eyes with my sincerity. “In Illinois, the last governor canceled every single pending execution before he left office. He said he just couldn’t be sure that people on death row are really guilty. In one case, this guy was accused of raping and murdering a little girl. Turned out it wasn’t him.”

“How would they—?”

“Sometimes, it’s DNA,” I told her. “Sometimes, believe it or not, the actual criminal confesses—usually when they’ve caught him on a whole bunch of other things. Sometimes, it’s as simple as an alibi they never checked out. But it always comes down to the same thing, which is what my book’s about.”

“Innocence?”

“No. I mean, innocence is a part of it, but that’s not the theme, not the . . . drive-force. I’m trying to go deeper. These things aren’t due to incompetence. Well, some of them are, sure. But the dark underbelly to all this is the kind of people who become prosecutors. I’m not talking about corruption, either—although that happens, too—I’m talking about people who have lost their way.”

“Prosecutors?”

“Prosecutors. Some of them lose sight of the difference between fighting crime and fighting criminals. ”

“I don’t see the difference myself,” she said. “If you fight criminals, you do fight crime, isn’t that true?”

“In that order, yes,” I agreed. “But not when it’s reversed.”

“How could it be—?”

“A child is murdered. A woman is raped. A building is torched, and a fireman dies when the roof collapses. A . . . You know the type of crime I’m talking about. Public outrage. Lots of media attention. Demands for results. The pressure on prosecutors is tremendous. And, sometimes, they can be so hyper-focused on the crime that they ignore the criminal. It’s almost like, if they can put someone in prison, the crime is ‘solved.’ It just . . . consumes them. Like going snow-blind.

“And it’s our—the public’s—fault, too. How do we judge prosecutors? On their conviction rates, right? So, if a DA has any sort of political ambitions, he’d better clear his cases. That’s where plea bargaining came from, originally. It is a bargain. The criminal gets a much lighter sentence, and the prosecutor doesn’t take a chance on losing a trial.”

“But why would an innocent person agree to a plea bargain?”

“They don’t, ” I said, lighting another cigarette. I left it in the ashtray next to the candle-in-Chianti-bottle that had been burning since before I sat down. “And that’s where the gate to hell opens. That’s when the pressure builds to get a result. Any result. That’s when an innocent man goes to prison.”

“A man like—?”

“John Anson Wychek. You understand what they did to him, don’t you? I don’t mean the wrongful conviction,” I said, holding up my hand to stop her from speaking, “I mean the rest of it.”

“I know it ruined his—”

“Ms. Reinhardt . . .”

“Laura.”

“Laura, the fact that you couldn’t be closer to the situation and even you don’t understand the scope of the tragedy, well, that proves why my book has to be written. Look, your brother was convicted of a single crime, right?”

“Yes. They said he—”

“In fact,” I interrupted, “he was convicted of more than a dozen. ”

“What? How can you—?”

“Laura, these cases don’t have to be solved. They just have to be cleared. Do you understand the difference?”

“I guess I don’t.”

“When your brother was convicted of that one crime, the police ‘cleared’ a whole bunch of other crimes, naming him as the perpetrator. I don’t mean they charged him with the crimes. I don’t mean he was ever tried for them. But, as far as the police are concerned, those crimes are closed cases now.

“They never could have proved those cases against your brother. He was innocent, and I think they must have known that. So they never brought him to trial. But with that one single conviction they announce that all the crimes—all the similar crimes that were committed throughout the entire metropolitan area!—are solved. And John Anson Wychek, well, he’s the guilty man.”

“They never said—”

“They don’t have to say anything to you. All that counts is the press. And for the press, it’s an instant no-story. They can’t print that your brother is guilty—he’d sue them for millions. But they can’t pressure the DA to ‘solve’ the cases, either. See how it happens?”

“My God,” she said, eyes widening.

“Yes,” I said. “I know just what you’re thinking. Somewhere in this city, maybe somewhere close by, a vicious serial rapist is walking around loose. That’s the hidden penalty society pays every time we stand by and allow an obsessed prosecutor to railroad an innocent man.”

“And you think John’s story could change all that?”

“For what I want, I think he’s perfect,” I said, pure truth beaming out of me, like I was radioactive with it.

The check came inside a small leather folder. The waiter dropped it off and vanished. I opened it up. Much less than I’d expected. I put a fifty inside the folder, closed it back up.

“Wouldn’t credit cards make a better record for your accountant?” she asked.

“The only accountant who’ll ever see this bill is the publisher’s. And they’re not going to care.”

“You’re not one of those guys who pays cash for everything, are you?”

“Me? No. I use credit cards when I have to, I guess. Probably more of that old-fashioned thing. I’m a long way from paying bills over the Internet.”