Motion to Kill

CHAPTER ELEVEN

“Well, that’s great. What’s the good news?”

“I think we can work out a deal with Pamela. I’ve done their estate work. She doesn’t need the money. The real problem is what Sullivan didn’t tell us about him and O’Malley. This afternoon when I was getting ready for my closing, I was in Sullivan’s office looking for his copy of the contracts. I found this.”

Scott handed Mason a subpoena demanding that Sullivan amp; Christenson produce all of its files on O’Malley before the federal grand jury at nine a.m. on July 17.

“That’s this Friday. I’m defending O’Malley. Sullivan didn’t tell me about this.”

“It looks like Sullivan didn’t tell anyone.”

“St. John is getting ready to indict O’Malley. That’s not a secret. The subpoena is just his way of putting on pressure. We’ll claim attorney-client privilege. The judge will throw the subpoena out.”

“Don’t be so sure,” Scott said. “St. John isn’t just coming after O’Malley. He wants Sullivan and the firm.”

He handed Mason a letter to Sullivan from Franklin St. John dated June 1. In a very polite fashion, the letter informed Sullivan that both he and the firm were targets of the grand jury investigation.

“That means the grand jury is going to indict Sullivan and the firm,” Mason said. “Sullivan knew St. John was gunning for us and didn’t bother to mention it! That no-good prick! No wonder he was trying to set me up!”

“Set you up? How?”

“We had lunch on Friday. He asked me to destroy documents that would incriminate him. I told him no. Then he wrote a memo to Harlan claiming that I had made the suggestion to him and that he was going to fire me on Monday.”

“How did you find out about that?”

“The sheriff found the memo in Sullivan’s room at Buckhorn.”

“Welcome to the list of top ten suspects.”

“Yeah, the sheriff thinks I killed Sullivan instead of suing him for libel. Don’t worry, though. I’ve got a terrific defense.”

“What’s that?”

“Someone tried to kill me on the way back from the lake.”

Scott dropped his empty beer bottle. The glass shattered on the brick patio. “You’re shitting me!”

“Maybe. I don’t know for certain. I was on Highway 5, trying to pass a guy in a black Escalade. This asshole held me out in the other lane until I was about to hit a truck head-on. I swerved off the road at the last second, or there would be two openings at the firm.”

“You think there was a connection?”

“If Sullivan was murdered, his death is probably linked to O’Malley. At least, I can’t think of anything else that could get him killed. I’m defending O’Malley. Sullivan tried to get me to destroy incriminating evidence. I refused. Sullivan set me up. Someone tried to kill me and make my death look like an accident. It makes as much sense as anything else.”

“Did you report it to the cops?”

“Not yet. I’ll tell the sheriff, but she’ll probably think I’m making it up. I didn’t get the license number of the guy who hung me out in the wrong lane. I can’t prove it even happened.”

Scott listened, nodding without agreeing. “I know this sounds trivial in comparison, but if St. John really wants to put pressure on the firm, he’ll ask the court to freeze all our assets. They don’t need a conviction to do that.”

“You’re right. I remember reading about a New York firm that got caught in an insider-trading scandal. The feds got an order freezing their assets and the firm disappeared overnight. Last one out the door turned off the lights. Any suggestions?”

“We’ve got to get out in front on this. Harlan will be overly cautious, too protective. We need someone to investigate the firm’s exposure and get St. John to back off until we figure out what’s going on.”

Mason knew that Scott was right. Harlan was perfect for recruiting clients, but he was a conscientious objector to trench warfare. If St. John was coming after the firm, it would be a bloody fight.

“That’ll require outside counsel.”

“Bad choice. We’d never be able to control it. You’ve got to do it. You’re new enough to the firm that you’ll have credibility with St. John. You can offer him the dear, departed Sullivan and save the rest of our asses.”

Mason wondered if the bottom of his beer bottle could explain how a simple weekend at the lake had managed to turn into such a nightmare. He was the wrong choice. This battle required someone totally committed to the firm. He wasn’t.

“Listen, I hate to pile on the bad news, but I don’t plan to be around long enough to handle this case.”

Scott stared at Mason, eyes narrowed. “What the hell is that supposed to mean?”

“It means that I decided to quit when Sullivan asked me to destroy evidence.”

“So what! Sullivan’s dead, and you didn’t destroy any evidence. That’s bullshit!”

“Not to me. O’Malley’s case is a tar baby that I’m not going to get stuck with. Besides, I’m going to try to get Tommy Douchant a new trial. The firm turned that case down. I’ve got to do it on my own.”

“Tommy’s case is a loser. You already lost it once. Don’t waste more time on it.”

Mason bristled at Scott’s slam. “It’s not a loser if I dig up evidence that will get Tommy a new trial. I owe him that much.”

“What about what you owe me? I got you this job. You’ve got a year to file a motion for a new trial. It’s been, what, four months since Tommy’s trial? You’ve got eight months left. I need you now.”

“You need someone from outside the firm, someone who’s objective. Someone who won’t be a suspect if it turns out that Sullivan was murdered.”

“Wrong. I need someone I can trust. If Sullivan was killed, who’s going to work harder to clear your name and mine? You or some hired gun that’s got a dozen other cases he’s got to keep track of? Besides, I’ll make certain the firm lets you reopen Tommy’s case.”

Mason sometimes made poor choices when people made him feel like a badly needed, ungrateful shit. The last one had required a divorce to correct it.

“Okay. Let’s see what happens in the morning,” Mason hedged. It was a half promise Scott would make him honor.

He walked Scott to the front door and said good night. Closing it behind him, he stood in the front hall and looked to his right at the portraits of his great-grandparents-Aunt Claire’s grandparents-on the dining room wall. Tobiah and Hinda Sackheim had immigrated to the United States from Lithuania in 1871. Tobiah, ignorant of English, couldn’t tell the immigration official his name. Somehow, he explained that he was a stonemason, and the Sackheims of Lithuania became the Masons of Ellis Island.

From their perch on the wall, they guarded the silver candlesticks they had brought with them to America. Claire kept the candlesticks on the dining room table and, when Mason was little, she lit them each year at Passover and told him the story of the Jews’ Exodus from Egypt.

Both stories, one of his people and one of his family, fed her passion for justice and had once fired his own. The flame still burned brightly for Aunt Claire but was little more than a flicker for him. Mason stared at the candlesticks and replayed the memories, searching for a spark he didn’t find.

He returned to the patio, picked up the pieces of Scott’s broken bottle, and lay down in the lounge chair. He watched the moonrise as his eyelids fell, wondering if sleeping on patio furniture was a sign of the early onset of dementia. He was jolted awake by the cordless telephone. Blinking, he focused on his watch. It was nearly midnight.

“Yeah?”

“Sorry if I woke you.” Kelly Holt sounded too cheerful for the end of a long day.

“That’s all right. I had to get up to answer the phone anyway.”

Long pause. He couldn’t believe his evil twin, the high school freshman, invaded his body every time he talked to this woman.

“Will you be in your office tomorrow? There are a few things I need to ask you about.” She was all business and not interested in bonding through teenage humor.

“Sure. We’ve got a partners’ meeting at eight that may go all morning. The afternoon will be crazy talking with clients. How about five o’clock-my office?”

“Fine.”

“Any news?”

“Just one thing. Your partner was murdered.”