Dead Even

Chapter 3

“SO WHAT DO WE DO NOW?” SARA ASKED, SITTING IN her office and staring at the Kozlow booking sheet.

“What do you mean, ‘what do we do?’” Guff asked. “What kind of question is that?”

“I mean, this case is garbage, so how can I get rid of it? Can we return it? Can we go back and get another one?”

“You can’t return a case once you catch it. It’s like buying a pair of pants and having them shortened – once you’ve messed with them, you can’t bring them back.”

“But I didn’t mess with these pants. I just pulled them off the rack.” Waving the Kozlow booking sheet in the air, Sara shouted, “These are perfectly good pants!”

“Well, you still can’t return them. No refunds, no exchanges.”

“Why?”

“Because if we operated on a return policy, the small crimes, which are the majority of crimes in this city, would never get prosecuted. Everyone would be waiting for the good stuff.”

“Guff, I really don’t care what the policy is, I need to find a way out of this. Now let’s back up. Are you telling me I can’t walk right back into ECAB, drop this file on the receptionist’s desk, and say, ‘Sorry, the delivery guy handed me this by mistake’?”

“I guess you could,” Guff hypothesized. “As long as-”

Sara’s phone started to ring.

“As long as what?” Sara asked, ignoring the phone.

“As long as the ECAB receptionist doesn’t know it’s gone. But if she finds out…”

“Hold on a second,” Sara said to Guff as she picked up her phone. “This is Sara.”

“Sara, this is Evelyn from ECAB. Do you have a burglary case for a defendant named Kozlow? If you took it, I need to know. It’s important.”

“Can you hang on a second?” Sara asked. She put Evelyn on hold and looked up at Guff. “We’re in trouble.”

“Two hundred and fifty thousand?” Marty Lubetsky asked, his face flushed red with anger. “What the hell kind of settlement is that?”

“Considering the facts of the case, I think we did okay,” Jared explained, trying to put a positive spin on his negotiation with Hartley. “He was originally asking for seven hundred.”

Marty Lubetsky was the partner at Wayne & Portnoy who supervised the Rose Microsystems account. “I don’t give a shit that they were asking for seven hundred thousand – they could’ve been asking for seven hundred million for all I care. Your job is to bring them down to where our client is comfortable. On that endeavor, you failed. Miserably.”

Annoyed at himself for trying to explain, Jared knew that Lubetsky didn’t like explanations. He liked results. And when he didn’t get results, he liked to yell. And when he was yelling, he liked to yell uninterrupted. So for almost ten minutes, Jared stood there silently.

“Dammit, Jared, if you needed some help, why didn’t you ask for it? Now I’m left standing here with my thumb up my ass, looking like a schmuck. And that’s not even including the fact that you agreed to fifty thousand more than Rose authorized.”

“I told them it was contingent on Rose accepting the offer.”

“Who cares what you told them? You can’t stuff the genie back in the bottle.”

Jared again fell silent. “I don’t know what you want me to say,” he finally replied. “I gave it everything I had. I wouldn’t have settled the case if I didn’t think it was in Rose’s best interest. If you want, I’ll be the one to break it to them.”

“You better damn well believe you’re going to be the one to break it to them. If they have to empty their pockets for this, I want them to know who’s responsible.”

Unable to face Guff, Sara fidgeted with a pencil on her desk. In front of her was a sketch of a person in the gallows, hanging from a noose. Below the hangman, she made four blank spaces and filled them in with the letters S-A-R-A. After she finished the last letter, she stabbed the hanged man with her pencil, breaking its point.

“Are you done beating yourself up yet?” Guff asked.

“That case didn’t even belong to me.”

“It didn’t belong to anyone. And if it makes you feel any better, if she really wanted it, she would’ve asked for it back.”

“The only reason she didn’t ask for it back was because they realized it was a bum case.”

“Beggars and choosers, boss. Now stop kicking yourself.”

“No, you’re right. We should focus on what our next step is. Enough with the self-pity.”

“Exactly. That’s a far better attitu-”

“Let me just say one last thing,” Sara interrupted. “You know what the stupidest part of this case is?”

“No, tell me the stupidest part.”

“The stupidest part is, I can’t even save my job with it! That’s how dumb I am! I stole the one case in this whole damn building that has no real value! And not only is it worthless, it’s getting me in trouble!” Catching her breath, Sara calmly pushed the Kozlow booking sheet to the side of her desk.

“Case – one. Sara – zero,” Guff announced.

“It’s not funny,” she said. “In that one selfish move, I hurt my career and made an incredible enemy.”

“Don’t worry about Evelyn – she won’t stay mad for long.”

“Who cares about Evelyn? I’m talking about Victor.”

Guff stopped. “Victor knows?”

“I assume so. Evelyn said Victor was the one who asked her about the case. Why? Is that bad?”

“Let’s put it this way: On the list of people you want mad at you, Victor’s last.”

“We have to get some help. Do you think you can find someone who’s friendly with Victor? Maybe they can help us make nice.”

“Let me make a few phone calls,” Guff said, heading for the door.

Guff’s departure from the office created a sudden silence. Sara’s eyes darted around the mostly bare room, and she was hit with a sense of vertigo. Feeling the walls close in on her, she put her head down on her desk, hoping to shut out reality. For almost a minute, it actually worked. Then the ringing of her phone brought back every one of her problems.

“This is Sara,” she answered. “If this is bad news, I don’t want to hear it.”

“Sounds like we’re having similar afternoons,” Jared said.

“If it’s possible, I think I’ve actually made things worse.” After explaining how she stole the leading ADA’s case, Sara added, “And now I’m stuck with this loser case and still can’t save my job.”

“I don’t understand one thing,” Jared said. “If it’s a nothing, little case, why was it marked for an office hotshot?”

“Some cop obviously wanted him on it.”

“Are you sure that’s it?”

“What’re you saying?” Sara asked, picking her head up.

“Cops aren’t that stupid. They know the big guns never take small cases.”

Sara replayed the facts in her head. “I never thought about it like that,” she said, her voice laced with excitement. “I mean, for all I know, this case is a gold mine.”

“Sara, be careful with this. Don’t get your hopes up abou-”

“You said it yourself,” she interrupted. “There has to be some reason this case was marked for Victor.”

“Wait a minute. Victor? As in Victor Stockwell?”

“Yeah. Do you know him?”

“Just by reputation.”

“Okay, but now you know what I’m saying – Victor’s name was on it for a reason.”

“But that doesn’t mean the case is a definite winner,” Jared pointed out. “If it was, he would’ve asked for it back.”

“Just because it wasn’t big enough for Victor doesn’t mean it’s not big enough for me.”

“Now you’re reaching,” he replied. “Have you asked your assistant about it? Maybe he has some ideas.”

“That’s the other issue,” Sara said, losing steam. “I told Guff I stole the case, but I never told him it was originally marked for Victor.”

“Why not?”

“I don’t know.”

“C’mon, Sara, I can read you like a coloring book.”

“It’s just that he put his faith in me. I don’t want to lose that trust.”

“That’s fine, but you have to turn it around. Take this case, make the most of it, and bring home a win. As far as I can tell, that’s the only way to keep your job.”

“No, you’re absolutely right. From here on in, I’m taking control.”

When she was off the phone, Sara once again felt the silence of the room. But instead of feeling trapped by it, she fought against it. This is it, she told herself. Turn it around or let it beat you down. She stood and walked out to Guff’s desk. “Any luck rounding up help?”

“Not yet,” Guff said. “How’re you holding up?”

“I think I’m finally ready to fight.”

“Really? What brought on the sudden change?”

“Nothing more than a little reality. And crazy as it sounds, I’m starting to have a good feeling about this case.”

With his fists wrapped tightly around the iron bars of his jail cell, Tony Kozlow had a difficult time keeping his voice to a whisper. “What do you mean she stole the case?”

“Just what I said,” Victor said, standing an arm’s length away from the cell. “She stole it. The case came in, she had access to it, and she took it. My guess is she must’ve seen my name on it and assumed it was a high-profile piece. Problem is, she grabbed a bore.”

“Don’t jerk me around,” Kozlow said. With dark hair, a thick black goatee, and a three-quarter-length black leather jacket, Tony Kozlow was what the DA’s office called a mutt. Low-class and easily riled, he was visibly annoyed by Victor’s tone. “Does Mr. Rafferty know about this?”

Victor stiffened. “Not yet. I haven’t been able to reach him. In fact, that’s the only reason I’m here – I thought he might be visiting you.”

“Him visit me?” Kozlow squinted at Victor. “Why don’t you take some advice and try him again.”

Calmly approaching the cell, Victor slid his right arm through the bars and grabbed the back of Kozlow’s neck. “Let me tell you something,” Victor said, holding Kozlow’s face against the iron bars of the cell. “Don’t tell me what to do. I don’t like it.”

Enraged, Kozlow shoved his hands through the iron bars, grabbed Victor by the ears, and rammed his face against the bars. “How’s this for a threat?” Kozlow shouted. “Touch me again and I’ll rip your head off!” Within seconds, a nearby guard ran to the cell and pulled Victor free. With his nightstick, he jabbed Kozlow in the stomach, sending him to his knees.

“Are you okay?” the guard asked Victor.

Without answering, Victor turned away from Kozlow’s cell and left the holding area.

“What the hell kind of deal is that?” Joel Rose screamed.

“That’s the best we could do,” Jared said with his eyes closed, cradling the phone receiver on his shoulder. From the moment he made the call, Jared knew he was going to have to brace himself for the worst. Lubetsky didn’t like the final amount of the settlement, but Joel Rose, president and CEO of Rose Microsystems, was the one who was going to have to pay it – which meant he liked the amount even less. Trying his best to sound happy with the result, Jared said, “And considering the alternative, that’s not too bad a number.”

“Really?” Rose asked. “Say that number again for me, Jared.”

“Two hundred and fifty thousand.”

“Now listen to me, Jared. That number has eight syllables. And since more syllables usually means more money, eight syllables means a great deal of money. So once again, does that sound like a small number to you?”

“Mr. Rose, I know you didn’t want to pay that much, but it really is a fair deal – trust me, it could’ve come out much worse.”

“Trust you?” Rose’s voice boomed with fury. “This isn’t the damn Boy Scouts, it’s a – you know what? Put me on with Lubetsky. I’m sick of dealing with imbeciles.”

“Are you sure he’ll help us?” Sara asked as she sat down at her desk.

“When Conrad says he’s going to do something, he does it,” Guff replied.

“What’s his story?”

“Conrad Moore is an unbelievable prosecutor – one of the most respected in the office. More important, he’s the person I originally worked for when I started here. I asked him if he would give you some advice with the situation, and he said he’d be happy to.”

“That’s great,” she said. “Thank you, Guff.”

“Don’t thank me yet. Wait until you meet him. He’s a bit intense.”

“What do you mean, intense?”

“For the past four years running, Conrad has had the largest trial caseload in the entire DA’s office. He goes to trial more than anyone.”

“Why?”

“It’s pretty simple – he never accepts a plea bargain. If you committed a crime, he’s going to send you to jail. Period. No negotiating, no pleading to a lower count, no favors. And since he gets great cases, he can afford to do it.”

“If he’s so busy, where’s he finding time to help me?”

“All I know is he just finished mentoring someone else, so when he said yes, I jumped at the opportunity.”

“Whatever it is, I’ll take it. When do we get started?”

Guff looked down at his watch. “He said he’d call right about-”

Sara’s phone started ringing.

“I’d say right about now,” Guff said, folding his arms across his chest with a grin.

“This is Sara,” she said as she picked up the receiver.

“That’s not how you answer the phone,” a voice said. “What’s your job now?”

“Who’s this?” Sara asked.

“This is Conrad Moore. Guff said you needed some help. Now what’s your job here?”

“I’m a DA,” Sara stammered.

“You’re not a DA,” Conrad said, his tone stern. “On TV, everyone’s a DA. In the movies, everyone’s a DA. In real life, though, there’s only one DA: Arthur Monaghan. Our boss. And in real life, you’re an assistant district attorney. An ADA. So when you answer the phone, you tell whoever’s calling who they’re dealing with. Understand?”

Sara heard the phone click as Conrad hung up. Five seconds later, her phone rang again. Hesitantly, she picked it up. “Assistant district attorney’s office. This is Sara,” she answered.

“No!” Conrad shouted. “This is their first impression of you. You want them to think they’ve reached the receptionist? What’s your last name, Sara?”

“Tate.”

“Then that’s all you give them. In this office, we deal with criminals. And unlike the law firm you used to work at, we don’t want more clients – we want less. So we don’t need to be nice. We want to be mean. We want people to be scared when they commit a crime. So don’t get buddy-buddy with them. From now on, you’re ADA Tate. That’s all.” Again, Conrad hung up.

Five seconds later, Sara’s phone rang. Picking it up, she screamed, “ADA Tate! Now who the fuck is this?”

“That’s good,” Conrad said. “That’s the intimidation we’re looking for.”

“I’m glad. Now am I ever going to meet you face-to-face, or are we going to talk on the phone all day?”

“Come over right now,” Conrad said, his voice warming up. “I’m at the end of the hall on your right. Room 755.”

Hanging up the phone, Sara turned to Guff and took a deep breath. “We’re in. Want to come?”

“Are you kidding? I’ve been waiting all day for this,” Guff said. “So what’d you think?”

“He’s certainly aggressive,” Sara said as she stepped into the hallway. “I just hope he can get us out of this mess.”

Victor walked briskly up Centre Street, anxious to get back to the office. The afternoon’s events had taken up more time than he would’ve hoped, and he still hadn’t been able to get in touch with Rafferty. But as he was crossing the street in front of the old Federal Courthouse, his cellular phone rang. Unlisted with the DA’s office, the number was Victor’s private line and was to be used only in emergencies. He flipped open the phone and answered, “Who’s this?”

“Who’s this?” Kozlow asked, mimicking Victor’s deep voice. “How you doing, Vic? Long time, no slam your face in the bars.”

Victor stopped a step short of the curb. “How are you calling me?”

“Everyone gets a phone call, asshole. Even I know that. And if Mr. Rafferty makes a quick donation, I get unlimited access – know what I’m saying?”

“Why’d he give you this number?”

“He’s not happy with you, Vic. Things aren’t going as planned.”

Victor looked around at the pedestrians near the courthouse. No one was close enough to hear. “So why doesn’t he call me?”

“He doesn’t care about speaking to you. He just wants to know what we should do.”

“Not ‘we,’” Victor said, barely hiding his anger. “I’m done. You guys are on your own.”

“That’s not how it works.”

“Actually, it is. I came in as a favor to our mutual friend, and now I’m stepping out.”

“But you can still take the case.”

“I told you, I’m done. My things-to-do list is full enough – I don’t need to add jeopardizing my career to it. Understand what I’m saying, you little psychopath?”

There was a cold silence on the other end of the line. “Just tell me one last thing,” Kozlow muttered. “What’s our best option now?”

“That’s easy,” Victor said. “He has to make sure you’re found innocent – if you’re found guilty, your boss loses. So if I were him, I’d find out all I could about the new ADA who has the case. She’s the one you have to beat.”

“Her name?”

“Sara,” Victor said. “Sara Tate.”