Barely Legal

90

Stone called Dino during recess.

“Herbie’s in court.”

“How does he seem? Like last night?”

“Sort of.”

“What do you mean, ‘sort of’?”

“If I didn’t know better, I’d think he spent the morning with a therapist. God knows he could use it.”

“Is he ripping into the witnesses again, or is he letting you handle them?”

“Neither one. He’s insisting on taking the witnesses, and he’s giving them the lightest cross-examination you ever heard. He asked the undercover cop what she was told to do. She testified to bumping into David, apologizing, and smiling at him. And he didn’t even ask a follow-up.”

“I imagine you’d have had some further questions.”

“Herbie didn’t. He let her go. He asked the fingerprint expert a couple of questions establishing that David’s fingerprints were on the contraband, and left it at that.”

“You’re kidding.”

“No. And when the chemist testified as to the purity of the cocaine, Herbie asked him if it was pretty good shit.”

“He didn’t.”

“Well, he didn’t use the word shit, but it was in that vein. I tell you, Herbie did a better job of making the prosecution’s case than they did.”

“You think Taperelli threatened him?”

“He’s certainly acting like it.”

“I bet that’s it. There’s a chance Taperelli’s men killed Yvette after all.”

“What? How is that possible?”

“The surveillance cameras in the back stairwell were out that night. Someone cut the feed to the whole circuit just before the murder. It was cut in the garage, and, apparently, it’s possible to get into the garage on foot without appearing on camera.”

“Is there any way to tell if anybody did?”

“We have surveillance video of two men entering the garage on foot shortly before eight o’clock on the night of the murder.”

“Can you identify them?”

“No, the angle’s bad. But they look big, like thugs, and they appear to be sneaking in. It’s clear from their posture they don’t belong.”

“What about the boyfriend, Dressler?”

“He might have come along after, found her dead, and robbed the place. It makes more sense than him killing his accomplice while she was still setting up the sting.”

“You think Taperelli killed Yvette, Herbie knows it, and that’s why he’s throwing the trial?”

“I don’t know, but I mean to find out. If that’s the case, Herbie could be in a lot of trouble.”

“How do you want to handle it?”

“I’m going to put a man on Herbie. Just because he’s doing what they told him doesn’t mean he’s safe.”

“I’ll feel better if you do. Something’s going on.”

When they returned from recess, ADA Grover announced that after due consideration, the prosecution was resting their case.

“Very well,” Judge Buckingham said. “The defense will put on theirs. It’s a little late in the day to begin, but we have made good progress today, so let’s adjourn until ten o’clock tomorrow morning. Jurors are reminded once again not to talk about the case. Mr. Fisher, please see me in chambers. Court is adjourned.”

“What’s up?” Stone said.

“He probably wants to congratulate me on my handling of the case.”

“You want me to wait? Grab some dinner?”

Herbie shook his head. “I’m beat. I’m going straight home. I’ll probably order takeout.”

Stone was glad to hear it. If Herbie stayed home, he’d be safe, and the man Dino had tailing him would have an easy time of it.

“Listen. I got a call from Dino. It turns out the surveillance cameras in the back stairwell of your building were out on the night of the murder. Anyone could have gotten in or out unseen from the garage. So it wasn’t necessarily the boyfriend. It might have been Taperelli’s men after all.”

Herbie’s jaw was set. “Is that right?”

“There’s video from a street camera of two thugs sneaking into the garage.”

Herbie took a deep breath and blew it out again.

“I don’t mean to upset you, but I thought you should know.”

“Dino’s been keeping this from me?”

“Don’t blame Dino. He just found out. Look, Herbie, don’t get any ideas about Taperelli. These guys play in a different league.”

“You were going to tell me this over dinner?”

Stone smiled. “It seems like we always give you bad news over dinner, doesn’t it?”

“Thanks, Stone. Well, I mustn’t keep the judge waiting.”

Herbie found Judge Buckingham in chambers. He was leaning back in his desk chair with his hands folded in his lap. His fingers were intertwined, and he was tapping his two thumbs together.

“Yes, Your Honor?”

The judge cocked his head. “I noticed a distinct change in your strategy this afternoon.”

“I beg your pardon?”

“Do you have anything to say for yourself?”

Herbie felt like a student who’d been summoned to the principal’s office. “I don’t know what you want me to say. I find your asking the question somewhat irregular.”

“Oh, do you now? We are off the record, Mr. Fisher. You may speak candidly.”

“I have no idea why I am here.”

“Then you’re being disingenuous. Your behavior in court this afternoon was exemplary. You were the very model of speed and efficiency. You asked only pertinent questions, and few of those. None were objectionable on any grounds whatsoever. You were polite, courteous, and cooperative.”

“Thank you, Your Honor.”

“This is in sharp contrast to your performance during the rest of the trial. A complete one-eighty. It occurs to me a desperate attorney might point to our conversation before court and claim it had intimidated him into curtailing his cross-examination.”

“It’s a good thing I’m not desperate, Your Honor, or I would think you were talking about me.”

Judge Buckingham raised his finger. “See, now that sounds more like the smart aleck I’ve grown used to.”

Herbie sighed. Some days you just couldn’t win. “Your Honor, if a lawyer had done what you’ve just implied I’ve done, I would think it would be a matter for the Bar Association.”

Judge Buckingham’s eyes narrowed. “To consider a charge of intimidation?”

“Certainly not. To consider the lawyer’s attempt to pervert justice. It’s a good thing neither of us is contemplating such an action.”

Judge Buckingham looked buffaloed. He clearly wanted to say something, but Herbie’s attitude had left him speechless.

“Well, if there’s nothing else, Your Honor, I have to prepare for the case. The defense is up tomorrow.”

Herbie bowed and nodded his way out the door, leaving the judge utterly frustrated.