Dog Tags

CHAPTER 59

“YOUR HONOR, WE BELIEVE THE ERSKINE MURDER WAS JUST THE BEGINNING.” That is how I begin the meeting with Judge Catchings and Eli in the judge’s chambers. It’s lead counsels only; Hike and Eli’s three assistants have not been invited, at my request. This is going to be an argument I need to win, so I want it kept as focused as possible.

“It all goes back to that day in Iraq, when eighteen people were killed and my client lost his leg. After the conclusion of the army’s investigation, Erskine quietly resigned his commission, and five other soldiers on duty that day were discharged.

“We have reason to believe that at least two of those soldiers have since been killed, we cannot trace two others, and the fifth is in fear of his life.”

I can tell that Eli already does not like where this is going. “You have reason to believe they’ve been killed,” he repeats. “Does that mean you lack hard evidence? Like bodies?”

“We have evidence, compelling but not conclusive,” I say. “Certainly we can demonstrate that they have disappeared under mysterious circumstances.”

“I trust you’ll be submitting this evidence to the court for consideration?” Catchings asks.

“We will, Your Honor, at the conclusion of this meeting. At the very least we believe it is sufficiently powerful and relevant to the Erskine murder to warrant presentation to the jury.”

“I certainly look forward to seeing it as well,” says Eli. “But the fact that two men may have disappeared does not seem on the surface to be significant. They all knew one another in the army; maybe they went off on a trip together. Or maybe they heard that Erskine was killed and feared that someone was trying to exact revenge on them for their apparent negligence in Iraq. That could have sent them all into hiding.”

“I wish you would save this stuff for your closing argument, Eli. Because if the jury sees this evidence, they’ll laugh you out of the courtroom.”

“I haven’t heard much laughter so far,” Eli says.

“Relax, gentlemen. I’ll examine the evidence and reserve judgment,” Catchings says. “What about the fifth soldier, the one you said fears for his life?”

I nod. “Thank you, I was about to get to that. I should be speaking with him this evening. After I speak with him, I expect he will need protection, and I would appreciate it if you would order the state police to do that on a contingency basis.”

Laurie and I had debated this, and we decided that we wanted Marcus to continue keeping an eye on the house, and Milo. I also like the idea of having Judge Catchings order the protection; it has the effect of making him at least slightly vested in the effort.

Catchings agrees to order the state police to provide the protection, if I consider it necessary. “But this is not a free ride,” he says. “I don’t want him taking in a Broadway show while he’s in town. And if you can’t determine in good faith that he has relevant and important testimony to provide for this trial, do not attempt to put this order into effect.”

That is a reasonable condition to impose, and I agree to it.

“What is his name?” Catchings asks.

“Raymond Santiago.”

Catchings picks up the phone and directs the clerk to reach Captain Robert Dessens of the New Jersey State Police. Once that is accomplished, he issues the protection order verbally, with the written order to follow.

The arrangement is made by which I will contact Dessens if protection is necessary, and tell him where they can pick up Santiago. The truth is that I have no idea if Santiago will willingly allow himself to be taken into custody. I may have to scare him into it.

Based on my performance in this case so far, the best way to scare Santiago would be to threaten to become his lawyer.

I head home after the meeting, fairly pleased with how it went. I believe that Judge Catchings will probably rule our evidence admissible, since it seems at least worthy of jury consideration. I also believe that in a first-degree case like this, he would be loath to preclude what is essentially the entire defense case. That would be the kind of maneuver that appeals courts would take a very careful look at.

I tell Laurie what transpired over an early dinner. We’re both anxious to talk to Santiago, a meeting that has become even more important since I took what was a calculated risk in the meeting with Catchings and Eli.

By dangling Santiago out there as I did, and by asking for protection for him, I portrayed him as someone important to our case. If he turns out to be a dud and provides nothing whatsoever that we can use, it will therefore make us look bad, and might make Catchings less inclined to respect our position.

When we finish dinner I take out the diagram from the army report on the bombing. It places all of the victims in their positions when the blast went off, though the way the bodies were scattered, I don’t know how accurate it could be.

According to the diagram, the two closest victims to the bomber were Iraqi bureaucrats. Next in order were a French businesswoman, a German businessman, and then Stanley Freeman and his protégé, Alex Bryant. Had the bomber chosen to, she could have gotten considerably closer to the oil minister, but she did not.

I’m far from ready to say that any of these people were the targets, but it’s something interesting for me to follow up on.

Once I’ve finished with the file, I still have about half an hour until Santiago’s expected arrival with Marcus. I use that time to do an abbreviated trust session with Milo.

It seems to go well; they always seem to go well. But pretty soon I’m going to put it to the test, and then we’ll know if I’ve been wasting my time.

“What’s the story, Milo? You been playing me for a sucker?”

Milo just stares at me, stone-faced and noncommittal. He’s playing it close to the vest, no doubt a tactic he learned at the police academy. I look over at Tara, who stares right back at me, defiant and still not about to give up her friend.

I’m locked with the two of them in a serious battle of the minds, and I’m coming in third.