Rogue Lawyer

1.

My name is Sebastian Rudd, and though I am a well-known street lawyer, you will not see my name on billboards, on bus benches, or screaming at you from the yellow pages. I don’t pay to be seen on television, though I am often there. My name is not listed in any phone book. I do not maintain a traditional office. I carry a gun, legally, because my name and face tend to attract attention from the type of people who also carry guns and don’t mind using them. I live alone, usually sleep alone, and do not possess the patience and understanding necessary to maintain friendships. The law is my life, always consuming and occasionally fulfilling. I wouldn’t call it a “jealous mistress” as some forgotten person once so famously did. It’s more like an overbearing wife who controls the checkbook. There’s no way out.

These nights I find myself sleeping in cheap motel rooms that change each week. I’m not trying to save money; rather, I’m just trying to stay alive. There are plenty of people who’d like to kill me right now, and a few of them have been quite vocal. They don’t tell you in law school that one day you may find yourself defending a person charged with a crime so heinous that otherwise peaceful citizens feel driven to take up arms and threaten to kill the accused, his lawyer, and even the judge.

But I’ve been threatened before. It’s part of being a rogue lawyer, a subspecialty of the profession that I more or less fell into ten years ago. When I finished law school, jobs were scarce. I reluctantly took a part-time position in the City’s public defender’s office. From there I landed in a small, unprofitable firm that handled only criminal defense. After a few years, that firm blew up and I was on my own, out on the street with plenty of others, scrambling to make a buck.

One case put me on the map. I can’t say it made me famous because, seriously, how can you say a lawyer is famous in a city of a million people? Plenty of local hacks think they’re famous. They smile from billboards as they beg for your bankruptcy and swagger in television ads as they seem deeply concerned about your personal injuries, but they’re forced to pay for their own publicity. Not me.

The cheap motels change each week. I’m in the middle of a trial in a dismal, backwater, redneck town called Milo, two hours from where I live in the City. I am defending a brain-damaged eighteen-year-old dropout who’s charged with killing two little girls in one of the most evil crimes I’ve ever seen, and I’ve seen plenty. My clients are almost always guilty, so I don’t waste a lot of time wringing my hands about whether they get what they deserve. In this case, though, Gardy is not guilty, not that it matters. It does not. What’s important in Milo these days is that Gardy gets convicted and sentenced to death and executed as soon as possible so that the town can feel better about itself and move on. Move on to where, exactly? Hell if I know, nor do I care. This place has been moving backward for fifty years, and one lousy verdict will not change its course. I’ve read and heard it said that Milo needs “closure,” whatever that means. You’d have to be an idiot to believe this town will somehow grow and prosper and become more tolerant as soon as Gardy gets the needle.

My job is layered and complicated, and at the same time it’s quite simple. I’m being paid by the State to provide a first-class defense to a defendant charged with capital murder, and this requires me to fight and claw and raise hell in a courtroom where no one is listening. Gardy was essentially convicted the day he was arrested, and his trial is only a formality. The dumb and desperate cops trumped up the charges and fabricated the evidence. The prosecutor knows this but has no spine and is up for reelection next year. The judge is asleep. The jurors are basically nice, simple people, wide-eyed at the process and ever so anxious to believe the lies their proud authorities are producing on the witness stand.

Milo has its share of cheap motels but I can’t stay there. I would be lynched or flayed or burned at the stake, or if I’m lucky a sniper would hit me between the eyes and it would be over in a flash. The state police are providing protection during the trial, but I get the clear impression these guys are just not into it. They view me the same way most people do. I’m a long-haired roguish zealot sick enough to fight for the rights of child killers and the like.

My current motel is a Hampton Inn located twenty-five minutes from Milo. It costs $60 a night and the State will reimburse me. Next door is Partner, a hulking, heavily armed guy who wears black suits and takes me everywhere. Partner is my driver, bodyguard, confidant, paralegal, caddie, and only friend. I earned his loyalty when a jury found him not guilty of killing an undercover narcotics officer. We walked out of the courtroom arm in arm and have been inseparable ever since. On at least two occasions, off-duty cops have tried to kill him. On one occasion, they came after me.

We’re still standing. Or perhaps I should say we’re still ducking.

2.

At 8:00 a.m. Partner knocks on my door. It’s time to go. We say our good mornings and climb into my vehicle, which is a large black Ford cargo van, heavily customized for my needs. Since it doubles as an office, the rear seats have been rearranged around a small table that folds into a wall. There is a sofa where I often spend the night. All windows are shaded and bulletproof. It has a television, stereo system, Internet, refrigerator, bar, a couple of guns, and a change of clothes. I sit in the front with Partner and we unwrap fast-food sausage biscuits as we leave the parking lot. An unmarked state police car moves in front of us for the escort to Milo. There is another one behind us. The last death threat was two days ago and came by e-mail.

Partner does not speak unless spoken to. I didn’t make this rule but I adore it. He is not the least bit bothered by long gaps in the conversation, nor am I. After years of saying next to nothing, we have learned to communicate with nods and winks and silence. Halfway to Milo I open a file and start taking notes.

The double murder was so gruesome no local lawyer would touch it. Then Gardy was arrested, and one look at Gardy and you know he’s guilty. Long hair dyed jet-black, an astonishing collection of piercings above the neck and tattoos below, matching steel earrings, cold pale eyes, and a smirk that says, “Okay, I did it, now what?” In its very first story, the Milo newspaper described him as “a member of a satanic cult who has a record of molesting children.”

How’s that for honest and unbiased reporting? He was never a member of a satanic cult and the child molestation thing is not what it seems. But from that moment Gardy was guilty, and I still marvel at the fact that we’ve made it this far. They wanted to string him up months ago.

Needless to say, every lawyer in Milo locked his door and unplugged her phone. There is no public defender system in the town—it’s too small—and the indigent cases are doled out by the judge. There is an unwritten rule that the younger lawyers in town take these low-paying cases because (1) someone has to and (2) the older lawyers did so when they were younger. But no one would agree to defend Gardy, and, to be honest, I can’t really blame them. It’s their town and their lives, and to rub shoulders with such a twisted murderer could do real damage to a career.

As a society, we adhere to the belief in a fair trial for a person accused of a serious crime, but some of us struggle when it comes to the business of providing a competent lawyer to guarantee said fair trial. Lawyers like me live with the question “But how do you represent such scum?”

I offer a quick “Someone has to” as I walk away.

Do we really want fair trials? No, we do not. We want justice, and quickly. And justice is whatever we deem it to be on a case-by-case basis.

It’s just as well that we don’t believe in fair trials because we damned sure don’t have them. The presumption of innocence is now the presumption of guilt. The burden of proof is a travesty because the proof is often lies. Guilt beyond a reasonable doubt means if he probably did it, then let’s get him off the streets.

At any rate, the lawyers ran for the hills and Gardy had no one. It’s a commentary, sad or otherwise, on my reputation that I soon got the phone call. In this end of the state, it is now well known in legal circles that if you can’t find anybody else, call Sebastian Rudd. He’ll defend anybody!

When Gardy was arrested, a mob showed up outside the jail and screamed for justice. When the police perp-walked him to a van for the ride to the courthouse, the mob cursed him and threw tomatoes and rocks. This was thoroughly reported by the local newspaper and even made the City’s evening news (there is no network station based in Milo, only a low-end cable outfit). I howled for a change of venue, pleaded with the judge to move the trial at least a hundred miles away so we could hopefully find some jurors who hadn’t thrown stuff at the kid, or at the least cursed him over dinner. But we were denied. All of my pretrial motions were denied.

Again, the town wants justice. The town wants closure.

There is no mob to greet me and my van as we pull in to a short driveway behind the courthouse, but some of the usual actors are here. They huddle behind a police barricade not far away and hold their sad signs that say such clever things as “Hang the Baby Killer,” and “Satan Is Waiting,” and “Crud Rudd out of Milo!” There are about a dozen of these pathetic souls, just waiting to jeer at me and, more important, to show their hatred to Gardy, who will arrive at the same place in about five minutes. During the early days of the trial, this little crowd attracted cameras and a few of these people made it into the newspapers, along with their signs. This, of course, encouraged them and they’ve been here every morning since. Fat Susie holds the “Crud Rudd” sign and looks like she wants to shoot me. Bullet Bob claims to be a relative of one of the dead girls and was quoted as saying something to the effect that a trial was a waste of time.

He was right about that, I’m afraid.

When the van stops, Partner hurries around to my door, where he’s met by three young deputies about his size. I step out and am properly shielded, then I’m whisked into the rear door of the courthouse as Bullet Bob calls me a whore. Another safe entry. I’m not aware of any case in modern times in which a criminal defense attorney was gunned down while entering a courthouse in the middle of a trial. Nevertheless, I have resigned myself to the likelihood that I could well be the first.

We climb a narrow rear staircase that’s off-limits to everyone else, and I’m led to a small windowless room where they once held prisoners waiting to see the judge. A few minutes later, Gardy arrives in one piece. Partner steps outside and closes the door.

“How ya doing?” I ask when we are alone.

He smiles and rubs his wrists, unshackled for a few hours. “Okay, I guess. Didn’t sleep much.” He didn’t shower either because he’s afraid to shower. He tries it occasionally but they won’t turn on the hot water. So Gardy reeks of stale sweat and dirty sheets, and I’m thankful he’s far enough away from the jury. The black dye is slowly leaving his hair and each day it gets lighter, and his skin gets paler. He’s changing colors in front of the jury, another clear sign of his animalistic capabilities and satanic bent.

“What’s gonna happen today?” he asks, with an almost childlike curiosity. He has an IQ of 70, just barely enough to be prosecuted and put to death.

“More of the same, Gardy, I’m afraid. Just more of the same.”

“Can’t you make them stop lying?”

“No, I cannot.”

The State has no physical evidence linking Gardy to the murders. Zero. So, instead of evaluating its lack of evidence and reconsidering its case, the State is doing what it often does. It’s plowing ahead with lies and fabricated testimony.

Gardy has spent two weeks in the courtroom, listening to the lies, closing his eyes while slowly shaking his head. He’s able to shake his head for hours at a time, and the jurors must think he’s crazy. I’ve told him to stop, to sit up, to take a pen and scribble something on a legal pad as if he has a brain and wants to fight back, to win. But he simply cannot do this and I cannot argue with my client in the courtroom. I’ve also told him to cover his arms and neck to hide the tattoos, but he’s proud of them. I’ve told him to lose the piercings, but he insists on being who he is. The bright folks who run the Milo jail forbid piercings of all types, unless, of course, you’re Gardy and you’re headed back to the courtroom. In that case, stick ’em all over your face. Look as sick and creepy and satanic as possible, Gardy, so that your peers will have no trouble with your guilt.

On a nail is a hanger with the same white shirt and khaki pants he’s worn every day. I paid for this cheap ensemble. He slowly unzips the orange jail jumpsuit and steps out of it. He does not wear underwear, something I noticed the first day of the trial and have tried to ignore since. He slowly gets dressed. “So much lying,” he says.

And he’s right. The State has called nineteen witnesses so far and not a single one resisted the temptation to embellish a bit, or to lie outright. The pathologist who did the autopsies at the state crime lab told the jury the two little victims had drowned, but he also added that “blunt force trauma” to their heads was a contributing factor. It’s a better story for the prosecution if the jury believes the girls were raped and beaten senseless before being tossed into the pond. There’s no physical proof they were in any way sexually molested, but that hasn’t stopped the prosecution from making this a part of its case. I haggled with the pathologist for three hours, but it’s tough arguing with an expert, even an incompetent one.

Since the State has no evidence, it is forced to manufacture some. The most outrageous testimony came from a jailhouse snitch they call Smut, an appropriate nickname. Smut is an accomplished courtroom liar who testifies all the time and will say whatever the prosecutors want him to say. In Gardy’s case, Smut was back in jail on a drug charge and looking at ten years in prison. The cops needed some testimony, and, not surprisingly, Smut was at their disposal. They fed him details of the crimes, then transferred Gardy from a regional jail to a county jail where Smut was locked up. Gardy had no idea why he was being transferred and had no clue that he was walking into a trap. (This happened before I got involved.) They threw Gardy into a small cell with Smut, who was anxious to talk and wanted to help in any way. He claimed to hate the cops and know some good lawyers. He’d also read about the murders of the two girls and had a hunch he knew who really killed them. Since Gardy knew nothing about the murders, he had nothing to add to the conversation. Nonetheless, within twenty-four hours Smut claimed he’d heard a full confession. The cops yanked him out of the cell and Gardy never saw him again, until trial. As a witness, Smut cleaned up nicely, wore a shirt and tie and short hair, and hid his tattoos from the jury. In amazing detail, he replayed Gardy’s account of how he stalked the two girls into the woods, knocked them off their bikes, gagged and bound them, then tortured, molested, and beat them before tossing them into the pond. In Smut’s version, Gardy was high on drugs and had been listening to heavy metal.

It was quite a performance. I knew it was all a lie, as did Gardy and Smut, along with the cops and prosecutors, and I suspect the judge had his doubts too. Nevertheless, the jurors swallowed it in disgust and glared with hatred at my client, who absorbed it with his eyes closed and his head shaking, no, no, no. Smut’s testimony was so breathtakingly gruesome and rich with details that it was hard to believe, at times, that he was really fabricating it. No one can lie like that!

I hammered at Smut for eight full hours, one long exhausting day. The judge was cranky and the jurors were bleary-eyed, but I could have kept going for a week. I asked Smut how many times he’d testified in criminal trials. He said maybe twice. I pulled out the records, refreshed his memory, and went through the nine other trials in which he’d performed the same miracle for our honest and fair-minded prosecutors. With his muddled memory somewhat restored, I asked him how many times he’d had his sentence reduced by the prosecutors after lying for them in court. He said never, so I went through each of the nine cases again. I produced the paperwork. I made it perfectly clear to everyone, especially the jurors, that Smut was a lying, serial snitch who swapped bogus testimony for leniency.

I confess—I get angry in court, and this is often detrimental. I blew my cool with Smut and hammered him so relentlessly that some of the jurors became sympathetic. The judge finally told me to move on, but I didn’t. I hate liars, especially those who swear to tell the truth and then fabricate testimony to convict my client. I yelled at Smut and the judge yelled at me, and at times it seemed as though everyone was yelling. This did not help Gardy’s cause.

You would think the prosecutor might break up his parade of liars with a credible witness, but this would require some intelligence. His next witness was another inmate, another druggie who testified he was in the hallway near Gardy’s cell and heard him confess to Smut.

Lies on top of lies.

“Please make them stop,” Gardy says.

“I’m trying, Gardy. I’m doing the best I can. We need to go.”

3.

A deputy leads us into the courtroom, which is again packed with people and heavy with a layer of tense apprehension. This is the tenth day of testimony, and I now believe there is absolutely nothing else happening in this backwater town. We are the entertainment! The courtroom is packed from gavel to gavel and they’re lined up against the walls. Thank God the weather is cool or we’d all be soaked with sweat.

Every capital murder trial requires the presence of at least two lawyers for the defense. My co-counsel, or “second chair,” is Trots, a thick, dull boy who ought to burn his law license and curse the day he ever dreamed of showing his face in a courtroom. He’s from a small town twenty miles away, far enough, he thought, to shield him from the unpleasantness of getting caught up in Gardy’s nightmare. Trots volunteered to handle the preliminary matters, intending to jump ship if a trial became a reality. His plans have not worked out to suit him. He screwed up the preliminaries as only a rookie can, then tried to extricate himself. No go, said the judge. Trots then thought it might be an acceptable idea to sit in the second chair, gain some experience, feel the pressure of a real trial, and so on, but after several death threats he stopped trying. Death threats are just part of the daily grind for me, like the morning coffee and lying cops.

I’ve filed three motions to remove Trots from the second chair. All denied, of course, so Gardy and I are stuck with a moron at our table who’s more of a hindrance than an assistant. Trots sits as far away as possible, though given Gardy’s current state of hygiene I can’t really blame him.

Gardy told me months ago that when he was first interviewed by Trots at the county jail the lawyer was shocked when Gardy claimed he was innocent. They even argued about it. How’s that for a vigorous defender?

So Trots sits at the end of the table, his head buried in useless note taking, his eyes seeing nothing, his ears hearing nothing, but he feels the stares of all those sitting behind us who hate us and want to string us up with our client. Trots figures this too shall pass and he’ll get on with his life and career the moment the trial is over. He is wrong. As soon as possible, I’ll file an ethics complaint with the state bar association alleging Trots provided “ineffective assistance of counsel” before and during the trial. I’ve done this before and I know how to make it stick. I’m fighting my own battles with the bar and I understand the game. After I get finished with Trots, he’ll want to surrender his license and get a job at a used-car lot.

Gardy takes his seat in the middle of our table. Trots does not look at his client, nor does he speak.

Huver, the prosecutor, walks over and hands me a sheet of paper. There are no good mornings or hellos. We are so far beyond even the most benign pleasantries that a civilized grunt from either of us would be a surprise. I loathe this man the way he loathes me, but I have an advantage in the hating game. Almost monthly I deal with self-righteous prosecutors who lie, cheat, stonewall, cover up, ignore ethics, and do whatever it takes to get a conviction, even when they know the truth and the truth tells them they are wrong. So I know the breed, the ilk, the subclass of lawyer who’s above the law because he is the law. Huver, on the other hand, rarely deals with a rogue like me because, sadly for him, he doesn’t see many sensational cases, and almost none in which a defendant shows up with a pit bull for a protector. If he dealt with rabid defense lawyers more regularly, he might be more adept at hating us. For me, it’s a way of life.

I take the sheet of paper and say, “So who’s your liar of the day?”

He says nothing and walks a few feet back to his table, where his little gang of assistants huddle importantly in their dark suits and ham it up for the home crowd. They are on display in this, the biggest show of their miserable backwater careers, and I often get the impression that everyone from the DA’s office who can walk, talk, wear a cheap suit, and carry a new briefcase is packed around the table to insure justice.

The bailiff barks, I stand, Judge Kaufman enters, then we sit. Gardy refuses to stand in homage to the great man. Initially, this really pissed off His Honor. On the first day of trial—it now seems like months ago—he snapped at me, “Mr. Rudd, would you please ask your client to stand?”

I did, and he refused. This embarrassed the judge and we discussed it later in his chambers. He threatened to hold my client in contempt and keep him in jail all day long during the trial. I tried to encourage this but let it slip that such an overreaction would be mentioned repeatedly on appeal.

Gardy wisely observed, “What can they do to me that they haven’t already done?” So each morning Judge Kaufman begins the ceremonies with a long, nasty scowl at my client, who’s usually slouched in his chair either picking at his nose ring or nodding with his eyes closed. It’s impossible to tell which one of us, lawyer or client, Kaufman despises the most. Like the rest of Milo, he’s been convinced for a long time that Gardy is guilty. And, like everybody else in the courtroom, he has loathed me from day one.

Doesn’t matter. In this line of work you rarely have allies and you quickly make enemies.

Since he’s up for reelection next year, as is Huver, Kaufman slaps on his phony politician’s smile and welcomes everyone to his courtroom for another interesting day in the pursuit of the truth. Based on the calculations I made one day during lunch when the courtroom was empty, there are about 310 people sitting behind me. Except for Gardy’s mother and sister, everyone is fervently praying for a conviction, with a quick execution to follow. It’s up to Judge Kaufman to deliver. This is the judge who has so far allowed every word of bogus testimony offered by the State. At times it seems as though he’s afraid he might lose a vote or two if he sustains one of my objections.

When everyone is in place, they bring in the jury. There are fourteen people crammed in the box—the chosen twelve plus a couple of alternates in case someone gets sick or does something wrong. They are not sequestered (though I requested this), so they are free to go home at night and trash Gardy and me over dinner. Late each afternoon, they are warned by His Honor not to utter a single word about the case, but you can almost hear them yakking as they drive away. Their decision has been made. If they voted right now, before we offer a single witness in defense, they would find him guilty and demand his execution. Then they would return home as heroes and talk about this trial for the rest of their lives. When Gardy gets the needle, they will take special pride in their crucial role in finding justice. They will be elevated in Milo. They will be congratulated, stopped on the streets, recognized at church.

Still sappy, Kaufman welcomes them back, thanks them for their civic service, asks gravely whether anyone tried to contact them in an effort to gain influence. This usually prompts a few looks in my direction, as if I have the time, energy, and stupidity to slink around the streets of Milo at night stalking these same jurors so I can (1) bribe them, (2) intimidate them, or (3) plead with them. It’s now gospel that I’m the only crook in the room, in spite of the torrent of sins committed by the other side.

The truth is, if I had the money, the time, and the personnel, I would bribe and/or intimidate every juror. When the State, with its limitless resources, commences a fraudulent case and cheats at every turn, then cheating is legitimized. There is no level playing field. There is no fairness. The only honorable alternative for a lawyer fighting to save an innocent client is to cheat in defense.

However, if a defense lawyer is caught cheating, he or she gets nailed with sanctions by the court, reprimanded by the state bar association, maybe even indicted. If a prosecutor gets caught cheating, he either gets reelected or elevated to the bench. Our system never holds a bad prosecutor accountable.

The jurors assure His Honor that all is well. “Mr. Huver,” he announces with great solemnity, “please call your next witness.” Next up for the State is a fundamentalist preacher who converted the old Chrysler dealership into the World Harvest Temple and is drawing crowds to his daily prayer-a-thons. I watched him once on local cable; once is enough. His claim to fame here is that he says he confronted Gardy in the middle of a late-night youth service. According to his version, Gardy was wearing a T-shirt advertising a heavy metal rock group and conveying some vague satanic message, and this T-shirt was allowing the devil to infiltrate the service. Spiritual warfare was in the air, and God was unhappy with things. With divine direction, the preacher finally located the source of evil in the crowd, stopped the music, stormed back to where Gardy was sitting, and kicked him out of the building.

Gardy says he’s never been near the church. Further, Gardy claims he’s never seen the inside of any church in all of his eighteen years. His mother confirms this. As they say out here in the country, Gardy’s family is severely “unchurched.”

Why this is allowed as testimony in a capital murder case is thoroughly inconceivable. It is ridiculous and borders on stupidity. Assuming there is a conviction, all of this crap will be reviewed in about two years by a dispassionate appellate court two hundred miles away. Those judges, only slightly more intelligent than Kaufman but anything is an improvement, will take a dim view of this redneck preacher telling his trumped-up story about an altercation that supposedly took place some thirteen months before the murders.

I object. Overruled. I object, angrily. I’m overruled, angrily.

Huver, though, is desperate to keep Satan involved in his theory of the case. Judge Kaufman opened the gates days ago and anything is welcome. However, he’ll slam them as soon as I start calling witnesses. We’ll be lucky to get a hundred words into the record.

The preacher has an unpaid tax bill in another state. He doesn’t know I’ve found it, and thus we’ll have some fun on cross-examination. Not that it will matter; it will not. This jury is done. Gardy is a monster who deserves to go to hell. Their job is to speed him along.

He leans over long enough to whisper, “Mr. Rudd, I swear I’ve never been to church.”

I nod and smile because this is all I can do. A defense lawyer cannot always believe his clients, but when Gardy says he’s never been to church, I believe him.

The preacher has a temper and I soon stoke it. I use the unpaid tax bill to really irritate him, and once he’s pissed he stays that way. I lead him into arguments over the inerrancy of scripture, the Trinity, the apocalypse, speaking in tongues, playing with snakes, drinking poison, and the pervasiveness of satanic cults in the Milo area. Huver yells objections and Kaufman sustains them. At one point the preacher, pious and red-faced, closes his eyes and raises both hands as high as possible. Instinctively, I freeze and cower and look at the ceiling as if a lightning bolt is coming. Later, he calls me an atheist and says I’m going to hell.

“So you have the authority to send folks to hell?” I fire back.

“God tells me you’re going to hell.”

“Then put Him on the loudspeaker so we can all hear.”

Two jurors actually chuckle at this. Kaufman has had enough. He raps the gavel and calls for lunch. We’ve wasted the morning with this sanctimonious little prick and his bogus testimony, but he’s not the first local to wedge himself into the trial. The town is filled with wannabe heroes.

4.

Lunch is always a treat. Since it’s not safe to leave the courthouse, actually the courtroom itself, Gardy and I eat a sandwich by ourselves at the defense table. It’s the same box lunch fed to the jurors. They bring in sixteen of them, mix them up, draw ours at random, and take the rest to the jury room. This was my idea because I prefer not to be poisoned. Gardy has no clue; he’s just hungry. He says the food at the jail is what you’d expect and he doesn’t trust the guards. He eats nothing there, and since he’s surviving only on lunch, I asked Judge Kaufman if the county could perhaps double up and give the boy two rubber chicken sandwiches, with extra chips and another pickle. In other words, two box lunches instead of one. Denied.

So Gardy gets half of my sandwich and all of my kosher dill. If I weren’t starving, he could have the entire box of crap.

Partner comes and goes throughout the day. He’s afraid to leave our van in one spot due to the high probability of slashed tires and cracked windows. He also has a few responsibilities, one of which is to meet occasionally with the Bishop.

In these cases where I’m called into a combat zone, into a small town that has already closed ranks and is ready to kill one of its own for some heinous crime, it takes a while to find a contact. This contact is always another lawyer, a local who also defends criminals and butts heads weekly with the police and prosecutors. This contact reaches out eventually, quietly, afraid of being exposed as a traitor. He knows the truth, or something close to it. He knows the players, the bad actors, and the occasional good one. Since his survival depends on getting along with the cops and court clerks and assistant prosecutors, he knows the system.

In Gardy’s case, my deep-throated pal is Jimmy Bressup. We call him the Bishop. I’ve never met him. He works through Partner and they meet in strange places. Partner says he’s about sixty with long, thinning gray hair, bad clothes, a loud, foul mouth, an abrasive nature, and a weakness for the bottle. “An older version of me?” I asked. “Not quite,” came the wise reply. For all his bluster and big talk, the Bishop is afraid of getting too close to Gardy’s lawyers.

The Bishop says Huver and his gang know by now they’ve got the wrong guy but have too much invested to stop and admit their mistakes. He says there have been whispers from day one about the real killer.

5.

It’s Friday and everyone in the courtroom is exhausted. I spend an hour haranguing a pimply, stupid little brat who claims he was at the same church service when Gardy called forth the demons and disrupted things. Honestly, I’ve seen the worst of bogus courtroom evidence, but I’ve never seen anything as bad as this. In addition to being false, it is wholly irrelevant. No other prosecutor would bother with it. No other judge would admit it. Kaufman finally announces an adjournment for the weekend.

Gardy and I meet in the holding room, where he changes into his jail uniform while I offer banalities about having a good weekend. I give him ten bucks for the vending machines. He says tomorrow his mother will bring him lemon cookies, his favorite. Sometimes the guards pass them through; sometimes they keep them for their own nourishment. One never knows. The guards average three hundred pounds each, so I guess they need the stolen calories. I tell Gardy to take a shower over the weekend and wash his hair.

He says, “Mr. Rudd, if I find a razor, I’m gone.” With an index finger, he does a slashing motion against his wrist.

“Don’t say that, Gardy.” He’s said it before and he means it. The kid has nothing to live for and he’s smart enough to see what’s coming. Hell, a blind man could see it. We shake hands and I hurry down the back steps. Partner and the deputies meet me at the rear door and shove me into our vehicle. Another safe exit.

Outside Milo, I begin to nod and soon fall asleep. Ten minutes later, my phone vibrates and I answer it. We follow the state trooper back to our motel, where we grab our luggage and check out. Soon we are alone and headed for the City.

“Did you see the Bishop?” I ask Partner.

“Oh yes. It’s Friday, and I think he starts drinking around noon on Friday. But beer only, he’s quick to point out. So I bought a six-pack and we drove around. The joint is a real dive, out east, just beyond the city limits. He says Peeley is a regular.”

“So you’ve had a few beers already? Should I be driving?”

“Only one, boss. I sipped it until it was warm. The Bishop, on the other hand, took his cold. Three of them.”

“And we believe this guy?”

“I’m just doing my job. On the one hand, he has credibility because he’s lived here all his life and knows everyone. On the other, he’s so full of crap you want to dismiss everything he says.”

“We’ll see.” I close my eyes and try to nap. Sleep is virtually impossible in the midst of a capital murder trial, and I’ve learned to grab it whenever possible. I’ve stolen ten minutes on a hard bench in an empty courtroom during lunch, just as I’ve paced back and forth in a dingy motel room at three in the morning. I often black out in mid-sentence when Partner drives and the van hums along.

At some point, as we head back to our version of civilization, I fade away.

6.

It’s the third Friday of the month, and I have a standing date, if you’d call two drinks a real date. It feels more like an appointment for a root canal. The truth is this woman wouldn’t date me at gunpoint, and the feelings are so mutual. But we have a history. We meet at the same bar, in the same booth where we had our first meal together, in another lifetime. Nostalgia has nothing to do with it; it’s all about convenience. It’s a corporate bar downtown, one of a chain, but the ambience is not bad and it’s lively on Friday evenings.

Judith Whitly arrives first and gets the booth. I slide in a few minutes later just as she’s about to get irritated. She has never been late for anything and views tardiness as a sign of weakness. In her opinion, I possess many of these signs. She, too, is a lawyer—that’s how we met.

“You look tired,” she says without a trace of compassion. She, too, is showing signs of fatigue, though, at thirty-nine, she is still strikingly beautiful. Every time I see her I’m reminded of why I fell so hard.

“Thank you, and you look great, as always.”

“Thanks.”

“Ten days and we’re all running out of gas.”

“Any luck?” she asks.

“Not yet.” She knows the basics of Gardy’s case and trial and she knows me. If I believe the kid is innocent, that’s good enough for her. But she has her own clients to fret and lose sleep over. We order drinks—her standard Friday night glass of chardonnay and my whiskey sour.

We’ll have two drinks in less than an hour, then that’s it for another month. “How’s Starcher?” I ask. I keep hoping that one day I can pronounce my son’s name without hating it, but that day has not arrived. My name is on his birth certificate as the father, but I wasn’t around when he was born. Therefore, Judith had control over the name. It should be someone’s last name, if it has to be used at all.

“He’s doing well,” she says smugly, because she’s thoroughly involved with the kid’s life and I am not. “I met with his teacher last week and she’s pleased with his progress. She says he’s just a normal second grader who’s reading at a high level and enjoying life.”

“That’s good to hear,” I say. “Normal” is the key word here because of our history. Starcher is not being raised the normal way. He spends half his time with Judith and her current partner and the other half with her parents. From the hospital, she took Starcher to an apartment she shared with Gwyneth, the woman she left me for. They then spent three years trying to legally adopt Starcher, but I fought them like a rabid animal. I have nothing against gay couples adopting kids. I just couldn’t stand Gwyneth. And I was right. They split not long afterward in a nasty fight, one I enjoyed immensely from deep in left field.

It gets more complicated. The drinks arrive and we don’t bother with a polite “Cheers.” That would only waste time. We need the alcohol ASAP.

I deliver the awful news by saying, “My mother is coming to town next weekend and she’d like to see Starcher. He is, after all, her only grandson.”

“I know that,” she snaps. “It’s your weekend. You can do what you want.”

“True, but you have a way of complicating everything. I just don’t want any trouble, that’s all.”

“Your mother is nothing but trouble.”

Truer words were never spoken, and I nod in defeat. It would be a dramatic understatement to say that Judith and my mother hated each other from the opening bell. So much so that my mother informed me she would cut me out of her last will and testament if I married Judith. At the time, I was secretly having some serious doubts about our romance and our future, but that threat was the last straw. Though I expect Mom to live to be a hundred, her estate will be a delight. A guy with my income needs a dream. A subplot in this sad story is that my mother often uses her will to bully her children. My sister married a Republican and got herself cut out of the will. Two years later, the Republican, who’s really a nice guy, became the father of the most perfect granddaughter in history. Now my sister is back in the will, or so we think.

Anyway, I was preparing to break up with Judith when she gave me the crushing news that she was pregnant. I assumed I was the father, though I didn’t ask that loaded question. Later I learned the brutal truth that she was already seeing Gwyneth. Talk about a shot to the gut. I’m sure there were clues that my dearly beloved was actually a lesbian, but I missed every one of them.

We got married. Mom said she changed her will and I would get not a penny. We lived together off and on for five wretched months, were technically married for fifteen more, and split to save our sanity. Starcher arrived in the middle of the war, a casualty from birth, and we’ve been sniping at each other ever since. This ritual of meeting once a month for drinks is our homage to forced civility.

I think I’m back in my dear mother’s will.

“And what does Mummy plan to do with my child?” she asks. It’s never “our” child. She has never been able to resist the little digs, the sophomoric cheap shots. She picks at the scabs, but not even in a clever way. It’s almost impossible to ignore, but I’ve learned to bite my tongue. My tongue has scars.

“I think they’re going to the zoo.”

“She always takes him to the zoo.”

“What’s the harm in going to the zoo?”

“Well, last time he had nightmares about pythons.”

“Okay, I’ll ask her to take him somewhere else.” She’s already causing trouble. What could be wrong with taking a fairly normal seven-year-old boy to the zoo? I don’t know why we meet like this.

“How are things around the firm?” I ask, my curiosity similar to that of watching a car wreck. It’s irresistible.

“Fine,” she says. “The usual turmoil.”

“You need some boys in that firm.”

“We have enough problems.” The waiter notices both glasses are empty and goes for another round. The first drinks always disappear fast.

Judith is one of four partners in a firm of ten women, all militant lesbians. The firm specializes in gay law—discrimination in employment, housing, education, health care, and the latest: gay divorce. They’re good lawyers, tough negotiators and litigators, always on the attack and often in the news. The firm projects an image of being at war with society and never backing down. The outside fights, though, are far less colorful than the inside brawls.

“I could join as the senior partner,” I say in an effort at levity.

“You wouldn’t last ten minutes.” No man would last ten minutes in their offices. In fact, men avoid them zealously. Mention the name of her firm and men run for the hills. Fine fellows caught screwing around jump off bridges.

“You’re probably right. Do you ever miss sex with the opposite sex?”

“Seriously, Sebastian, you want to talk about straight sex, after a bad marriage and an unwanted child?”

“I like straight sex. Did you ever like it? You seemed to.”

“I was faking.”

“You were not. You were pretty wonderful, as I recall.” I know two guys who slept with her before I came along. Then she ran to Gwyneth. I’ve often wondered if I was so lousy in bed that I drove her to switch teams. I doubt it. I must say she has a good eye. I loathed Gwyneth, still do, but the woman could stop traffic on any street in town. And her current partner, Ava, once modeled lingerie for a local department store. I remember her ads in the Sunday newspaper.

The second drinks arrive and we grab them.

“If you want to talk about sex, I’m leaving,” she says, but she’s not angry.

“I’m sorry. Look, Judith, every time I see you I think about sex. My problem, not yours.”

“Get help.”

“I don’t need help. I need sex.”

“Are you propositioning me?”

“Would it do any good?”

“No.”

“Didn’t think so.”

“You have fights tonight?” she asks, changing the subject, and I don’t resist.

“I do.”

“You’re sick, you know. That’s such a brutal sport.”

“Starcher says he wants to go.”

“You take Starcher to the cage fights and you’ll never see him again.”

“Relax. I’m just joking.”

“You may be joking, but you’re still sick.”

“Thank you. Have another drink.” A shapely Asian in a short, tight skirt walks by and we both have a look. “Dibs,” I say.

The alcohol kicks in—it takes longer for her because she is naturally wound tighter—and Judith manages a grin, the first of the evening. Could be the first of the week. “Are you seeing anyone?” she asks, her tone noticeably softer.

“Not since we last met,” I say. “It’s been all work.” My last girlfriend said good-bye three years ago. I get lucky occasionally, but I’d be lying if I said I was on the prowl for a serious woman. There is a long, heavy gap in the conversation as we get bored. When we’re down to the last few drops of our drinks, we go back to Starcher and my mother and the next weekend that we both now dread.

We walk together out of the bar, dutifully peck each other on the cheek, and say good-bye. Another box checked off.

I loved her once, then I truly hated her. Now I almost like Judith, and if we can continue these monthly meetings, we might become friends. That’s my goal, because I really need a friend, one who can understand what I do and why I do it.

And it would be much better for our son, too.

7.

I live on the twenty-fifth floor of a downtown apartment building, with a partial view of the river. I like it up here because it’s quiet and safe. If someone wanted to bomb or burn my apartment, it would be difficult without taking down the entire building. There is some crime downtown, so we live with plenty of video surveillance and guards with guns. I feel secure.

They fired bullets into my old apartment, a duplex on the ground floor, and they firebombed my old office five years ago. “They” have never been found or identified, and I get the clear impression the cops aren’t looking that hard. As I said, my line of work inspires hatred and there are people out there who’d love to see me suffer. Some of these people hide behind badges.

The apartment has a thousand square feet, with two small bedrooms, an even smaller kitchen, seldom used, and a living area that’s barely big enough to hold my only substantial piece of furniture. I’m not sure a vintage pool table should be classified as furniture, but it’s my apartment and I’ll call it what I want. It’s nine feet long, regulation size, and was built in 1884 by the Oliver L. Briggs company in Boston. I won it in a lawsuit, had it perfectly restored and then carefully reassembled smack in the middle of my den. On an average day, or when I’m not away in cheap motels dodging death threats, I rack ’em up time after time and practice for hours. Shooting pool against myself is an escape, a stress reliever, and cheap therapy. It’s also a throwback to my high school days when I hung out at a place called The Rack, a real local dive that’s been around for decades. It’s an old-fashioned pool hall with rows of tables, layers of smoke, spittoons, cheap beer, some petty gambling, and a clientele that acts tough but knows how to behave. The owner, Curly, is an old friend who’s always there and keeps it running smoothly.

When the insomnia hits and my walls are closing in, I can often be found at The Rack at two in the morning playing nine ball alone, in another world and quite happy.

Not tonight, though. I glide into the apartment, floating on the whiskey, and quickly change into my fight clothes—jeans, a black T-shirt, and a bright, shiny yellow jacket that snaps at the waist, practically glows in the dark, and screams “Tadeo Zapate” across the back. I pull my slightly graying hair into a tight ponytail and stuff it under the T-shirt. I change glasses and select a pair rimmed in light blue. I adjust my cap—also a bright yellow that matches the jacket, with the name Zapate across the front. I feel sufficiently disguised and the evening should go well. Where I’m going the crowd is not interested in misfit lawyers. There will be a lot of thugs there, a lot of folks with legal troubles past, present, and future, but they’ll never notice me.

It’s another sad fact of my life that I often leave the apartment after dark with some sort of disguise—different cap, glasses, hidden hair, even a fedora.

Partner drives me to the old city auditorium, eight blocks from my apartment, and drops me off in an alley near the building. A crowd is swarming out front. Loud rap booms across the front plaza. Spotlights sweep maniacally from building to building. Bright digital signs advertise the main event and the undercard.

Tadeo fights fourth, the last warm-up before the main event, which tonight is a heavyweight contest that is selling tickets because the favorite is a crazy ex-NFL player who’s well known in the area. I own 25 percent of Tadeo’s career, an investment that cost me $30,000 a year ago, and he hasn’t lost since. I’m also betting on the side and doing quite well. If he wins tonight, his cut will be $6,000. Half of that if he loses.

In a hallway, somewhere deep under the arena, I hear two security guards talking. One is claiming the evening is a sellout. Five thousand fans. I flash my credentials and get waved through another door, then another. I enter the dark locker room and the tension hits like a brick. Tonight we’re assigned to one half of a long room. Tadeo is moving up in the world of mixed martial arts, and we’re all beginning to sense something big. He’s lying on a table, on his stomach, naked except for his boxers, not an ounce of fat on his 130-pound body. His cousin Leo is massaging his shoulder blades. The lotion makes his light brown skin glisten. I ease around the room and speak to Norberto, his manager, Oscar, his trainer, and Miguel, his brother and workout partner. They smile when they speak to me because I, the lone gringo, am viewed as the man with the money. I’m also the agent, the guy with the connections and brains who’ll get Tadeo on a UFC card if he keeps winning. There are a couple of other relatives in the background, hangers-on who have no discernible role in Tadeo’s life. I don’t like these extras because they expect to be paid at some point, but after seven wins in a row Tadeo thinks he needs the entourage. They all do.

With the exception of Oscar, they’re all members of the same street gang, a mid-level organization of El Salvadorans who run cocaine. Tadeo has been one of the gang since he was initiated at the age of fifteen but has never aspired to a leadership position. Instead, he found some old boxing gloves, discovered a gym, and then discovered he had freakishly quick hands. His brother Miguel also boxed, but not as well. Miguel runs the gang and has a nasty reputation on the street.

The more Tadeo wins the more he earns, and the more I worry about dealing with his gang.

I lean down and speak softly to him. “How’s my man?”

He opens his eyes, looks up, suddenly smiles, and pulls out the earphones. The massage ends abruptly as he sits on the edge of the table. We chat for a few moments and he assures me he’s ready to kill someone. Attaboy. His prefight ritual includes avoiding a good shave for a week, and with his scraggly beard and mop of black hair he sort of reminds me of the great Roberto Duran. But Tadeo’s roots are in El Salvador, not Panama. He’s twenty-two, a U.S. citizen, and his English is almost as good as his Spanish. His mother has documents and works in a cafeteria. She also has an apartment full of kids and relatives and I get the impression that whatever Tadeo earns gets divided many ways.

Every time I talk to Tadeo I’m thankful I’m not forced to face him in the ring. He has fierce black pupils that scream angrily, “Show me the mayhem. Show me the blood.” He grew up on the streets, fighting anyone who got too close. An older brother died in a knife fight, and Tadeo is afraid he’ll die too. When he steps into the ring, he’s convinced someone is about to be killed, and it won’t be him. His three losses were on points; nobody’s kicked his ass yet. He trains four hours a day and he’s close to mastering jujitsu.

His voice is low, his words slow, the usual prefight jitters where fear clouds all thoughts and your stomach churns. I know. I’ve been there. A long time ago, I had five Golden Gloves boxing matches. I was 1–4 until my mother found out about my secret career and mercifully brought it to an end. But I did it. I had the guts to step into the ring and get the shit knocked out of me.

However, I cannot imagine the guts it takes to crawl into the cage with another fighter who’s superbly conditioned, highly skilled, well trained, hungry, nasty, and terrified and whose only thoughts are how to rip your shoulder out of its socket, mangle your knees, open a gash, or land a knockout punch on the jaw. That’s why I love this sport. It takes more courage, more in-your-face raw guts, than any sport since the gladiators battled to the death. Sure, many others are dangerous—downhill skiing, football, hockey, boxing, car racing. More people die on horses each year than in any other sport. But in those you don’t willingly enter the game knowing you will get hurt. When you walk into the cage, you will get hurt, and it could be ugly, painful, even deadly. The next round could well be your last.

That’s why the countdown is so brutal. The minutes drag by as the fighter fights his nerves, his bowels, his fears. The waiting is the worst part. I leave after a few minutes so Tadeo can go back into his zone. He told me once that he’s able to visualize the fight and he sees his opponent on the mat, bleeding and screaming for mercy.

I weave through the maze of corridors in the depths of the arena, and I can hear the crowd roaring in echoes, thirsting for blood. I find the right door and step inside. It’s a small administrative office that’s been hijacked by my own little street gang. We meet before the fights and place our wagers. There are six of us, and membership is closed because we don’t want any leaks. Some use their real names, others do not. Slide dresses like a street pimp and has served time for murder. Nino is a mid-level meth importer who served time for trafficking. Johnny has no criminal record (yet) and owns half of the fighter Tadeo will face tonight. Denardo drops hints of Mafia ties, but I doubt his criminal activity is that well organized. He aspires to promote MMA events and longs to live in Vegas. Frankie is the old guy, a local fixture in the fight scene for decades. He admits he’s been seduced by the violence of cage fighting and now is bored with old-fashioned boxing.

So these are my boys. I wouldn’t trust any of these clowns in a legitimate business deal, but then we’re not doing anything legitimate. We go down the card and start the betting. I know Tadeo is going to kill Johnny’s fighter, and evidently Johnny is worried. I offer $5,000 on Tadeo, and no one will take it. Three thousand, and no takers. I chide them, cuss them, ridicule them, but they know Tadeo is on a roll. Johnny has to wager something, and I finally haggle him into a $4,000 bet that his fighter won’t make it to the third round. Denardo decides he wants some of this, for another $4,000. We cover the card with all manner of wagers, and Frankie, the scribe, records it all. I leave the room with $12,000 in play, on four different fights. We’ll meet in the same room later when the fights are over and settle up, all in cash.

The fights begin and I roam around the arena, killing time. The tension in the locker room is insufferable and I can’t stand to be in there as the clock ticks along. I know that by now Tadeo is laid out on a table, motionless, covered by a thick quilt, saying his prayers to the Virgin Mary and listening to filthy Latin rap. There is nothing I can do to help, so I find a spot on an upper level, high above the ring, and take in the show. It is indeed a sellout, and the fans are as loud and crazed as ever. Cage fighting appeals to the savage instinct in some people, including me, and we’re all here for the same reason—to see one fighter annihilate another. We want to see bleeding eyes, gashes across the forehead, choke holds, bone-ripping submissions, and brutal knockout punches that send the corners scrambling for the doctor. Mix in a flood of cheap beer, and you have five thousand maniacs begging for blood.

I eventually work my way back to the locker room, where things are coming to life. The first two fights ended with early knockouts, so the evening is moving quickly. Norberto, Oscar, and Miguel put on their glowing yellow jackets, same as mine, and Team Zapate is ready for the long walk to the cage. I’ll be in the corner, along with Norberto and Oscar, though my role is not as important. I make sure Tadeo has water while Norberto yells instructions in the fastest Spanish you’ll ever hear. Oscar tends to the facial wounds, if any. From the moment we hit the floor, everything becomes a blur. Along the tunnel, drunk fans reach for Tadeo and scream his name. Cops shove people out of our way. The roar is earsplitting, and it’s not all for Tadeo. They want more, another fight, preferably one to the death.

Outside the cage, an official checks Tadeo’s gloves, applies oil to his face, and gives him the green light. An announcer yells his name over the PA, and our man bounces into the cage in his bright yellow trunks and robe. His opponent tonight goes by “the Jackal,” real name unknown and unimportant. He’s a submission specialist, a tall white guy without much bulk, but looks are deceiving. I’ve seen him fight three times and he’s guileful and crafty. He plays defense well and looks for a takedown. He wrapped his last opponent into a pretzel and made him scream for mercy. Right now I loathe the Jackal, but deep down I admire the hell out of him. Any man who can climb into the cage has far more spine than the average guy.

The bell rings for round 1, three minutes of fury. Tadeo the boxer bores in straight ahead and immediately has the Jackal backing up. Both jab and spar for the first minute, then tie up but there’s no damage. Like the other five thousand fans, I’m yelling my head off, though I have no idea why. Any advice is useless and Tadeo isn’t listening anyway. They go down, land hard, and the Jackal has him in a scissors hold. For a long minute, the action dies as Tadeo squirms and wiggles and we hold our breath. He finally breaks free and manages a sharp left jab to the Jackal’s nose. Finally, there’s blood. There’s no question my man is the better fighter, but it just takes one mistake and you’ve got an arm twisted to the breaking point. Between rounds, Norberto unloads a torrent of instructions, but Tadeo isn’t listening. He knows much more about fighting than any of us, and he’s got the guy figured out. When the bell rings for round 2, I grab him by the arm and yell into his ear, “Take him in this round and there’s an extra two thousand bucks.” This, Tadeo hears.

The Jackal lost the first round, so, like many fighters, he starts pressing in the second round. He wants to get inside, to get his wiry arms fixed into some manner of vile death grip, but Tadeo reads him perfectly. Thirty seconds in, Tadeo does a classic left-right-left combo and knocks his opponent squarely onto his butt. Tadeo then makes a common mistake as he attempts to launch himself like an idiot onto the Jackal, much like a manic dive-bomber lunging for the kill. The Jackal manages to kick with his right foot, a brutal blow that hits Tadeo just above the crotch. He stays on his feet as the Jackal scrambles to his, and for a second or two neither man pushes the action. They finally shake it off and begin circling. Tadeo finds his boxer’s rhythm and begins peppering the Jackal with unanswered jabs. He opens a cut above his right eye and widens it with a relentless barrage. The Jackal has the bad habit of throwing a wild fake left hook just before he ducks and comes in low at the knees, and he tries this one time too often. Tadeo reads it, times it perfectly, and executes his finest trick, a blind elbow spin, a move that takes balls because for a split second his back is turned to his opponent. But the Jackal is too slow and Tadeo’s right elbow crushes into the right jaw. Lights out. The Jackal is out before he lands on the mat. The rules allow Tadeo to pounce on him for a few shots to the face, to properly finish him off, but why bother? Tadeo just stands in the center of the ring, hands raised, staring down, admiring his work as the Jackal lies as still as a corpse. The referee is quick to stop it all.

Somewhat nervously, we wait a few moments as they try and revive him. The crowd wants a stretcher, a casualty, something to talk about at work, but the Jackal eventually comes to life and starts talking. He sits up, and we relax. Or try to. It’s not easy staying calm in the aftermath of such furious action, when you have something at stake, and when five thousand maniacs are stomping their feet.

The Jackal gets to his feet and the maniacs boo.

Tadeo walks over to him, says something nice, and they make peace.

As we leave the cage, I follow Tadeo and smile as he slaps hands with his fans and soaks up another win. He made a couple of boneheaded moves that would get him killed against a ranked opponent, but all in all it was another promising fight. I try and savor the moment and think about the future and the potential earnings, maybe some sponsorships. He’s the fourth fighter I’ve invested in and the first one who’s paying off.

Just before we leave the floor and enter the tunnel, a female voice yells, “Mr. Rudd! Mr. Rudd!”

It takes a second or two for this to register because no one in this crowd should possibly recognize me. I’m wearing an official Team Zapate trucker-style rap cap, a hideous yellow jacket, and different eyeglasses, and my long hair is tucked away. But by the time I pause and look, she’s reaching for me. A heavyset woman of twenty-five with purple hair, piercings, enormous boobs exploding from just under a skintight T-shirt, pretty much the typical classy gal at the cage fights. I give her a curious look and she again says, “Mr. Rudd. Aren’t you Mr. Rudd, the lawyer?”

I nod. She takes a step even closer and says, “My mother is on the jury.”

“What jury?” I ask, suddenly panicked. There’s only one jury at the moment.

“We’re from Milo. The Gardy Baker trial. My mom’s on the jury.”

I jerk my head to the left, as if to say, “That way.” Seconds later we’re off the floor and walking side by side along a narrow corridor as the walls shake around us. “What’s her name?” I ask, watching everyone who passes.

“Glynna Roston, juror number eight.”

“Okay.” I know every juror’s name, age, race, job, education, family, residence, marital history, prior jury service, and criminal record, if any. I helped select them. Some I wanted, most I did not. I have been sitting in a packed courtroom with them five days a week for the past two weeks, and I’m really getting tired of them. I think I know their politics, religions, biases, and feelings about criminal justice. Because I know so damn much, I’ve been convinced since they were seated that Gardy Baker is headed for death row.

“What’s Glynna thinking these days?” I ask cautiously. She could be wearing a mike. Nothing surprises me.

“She thinks they’re all a bunch of liars.” We’re still walking, slowly, going nowhere, each afraid to look the other in the eyes. I am stunned to hear this. Reading her body language and knowing her background, I would bet the farm that Glynna Roston would be the first to yell “Guilty!”

I look behind us to make sure there’s no witness, then say, “Well, she’s a smart woman because they are lying. They have no proof.”

“Do you want me to tell her that?”

“I don’t care what you tell her,” I say, looking around as we stop and wait for one of the heavyweights to pass with his entourage. I have $2,000 on the guy. I’m up $6,000 for the night and I’m feeling pretty good. And to top it off, I’m hearing the shocking news that not all of my Gardy Baker jurors are brain-dead.

I ask, “Is she alone, or does she have buddies?”

“She says they’re not discussing the case.”

I want to laugh at this. If she’s not discussing the case, then how does this cutie know how her mother’s leaning? At this precise moment, I am violating the rules of ethics and perhaps a criminal statute as well. This is unauthorized contact with a juror, and though it’s not clear-cut, and not instigated by me, there’s no doubt it would be interpreted badly by the state bar association. And Judge Kaufman would blow a gasket.

“Tell her to stick to her guns because they’ve got the wrong guy,” I say, and walk away. I don’t know what she wants and there is nothing I can give her. I guess I could take ten minutes and point out the glaring deficiencies in the State’s evidence, but that would require her to absorb it all correctly and then give an accurate report to her mother. Fat chance. This gal is here for the fights.

I take the nearest stairway to a lower level, and as soon as I’m safely away from her, I duck into a restroom and replay what she said. I still can’t believe it. That jury, along with the rest of the town, convicted my client the day he was arrested. Her mother, Glynna Roston, gives every indication of being the model Milo citizen—uneducated, narrow-minded, and determined to be a heroine for her community in its time of need. Monday morning will be interesting. At some point, after we resume testimony, I’ll get the chance to glance into the jury box. So far Glynna has not been afraid to return my looks. Her eyes will reveal something, though I’m not sure what.

I shake it off and return to reality. The heavyweight fight lasts for a full forty seconds with my favorite still standing. I can’t wait to reconvene with my little gang. We meet in the same dark room with the door locked, and the trash talk is brutal. All six of us pull cash from our pockets. Frankie has the notes and keeps it all straight. For the evening, I’ve netted $8,000 from my wagers, though $2,000 of this will go to Tadeo for his impromptu bonus. I’ll get it back from his cut of the purse. That will go on the books for IRS purposes; this cash will not.

Tadeo earns $8,000 for his efforts, a great night that will allow him to add another gang member to his entourage. He’ll pay some bills, keep the family afloat, save nothing. I’ve tried to offer financial advice, but it’s a waste of time.

I stop by the locker room, hand over the $2,000, tell him I love him, and leave the arena. Partner and I go to a quiet bar and have some drinks. It takes a couple to settle me down. When you’re that close to the action, and you’ve got your own hitter in the ring two seconds away from a concussion or a broken bone, and five thousand idiots are screaming into your ears, your heart races wildly as your stomach flips and your nerves tingle. There’s a flood of adrenaline like nothing I’ve ever felt.

8.

Jack Peeley is a former boyfriend of the mother of the two Fentress girls. Their father was long gone when they were murdered, and their mother’s apartment was a revolving door for local tomcats and slimeballs. Peeley lasted about a year and got the boot when she met a used-tractor dealer with a little cash and a house without wheels. She moved up and Peeley moved out, with a broken heart. He was the last person seen near the girls when they disappeared. Early on, I asked the police why they did not treat him as a suspect, or at least investigate him, and their lame response was that they already had their man. Gardy was in custody and confessing right and left.

I strongly suspect Jack Peeley killed the girls in some sick act of revenge. And, if the cops had not stumbled onto Gardy, they might have eventually questioned Peeley. Gardy, though, with his frightening appearance, satanic leanings, and history of sexual perversion, became the clear favorite and Milo has never looked back.

According to the Bishop, who is relying on his low-life sources, Peeley hangs out almost every Saturday night at a joint called the Blue & White. It’s about a mile east of Milo and was originally a truck stop. Now it’s just a redneck dive with cheap beer, pool tables, and live music on the weekends.

On Saturday night, we ease into the gravel parking lot at around ten, and the place is packed, wall-to-wall pickups. We have our own, a rented Dodge club cab with Ram power and big tires, perhaps a bit too shiny for this joint but then it belongs to Hertz, not me. Behind the wheel, Partner is pretending to be a redneck but is a pathetic excuse for one. He’s ditched his daily black garb and is wearing jeans and a Cowboys T-shirt, but it’s not working.

“Let’s do it,” I say from the front passenger’s seat. Tadeo and Miguel jump from the rear seat and casually walk through the front door. They’re met just inside by a bouncer who wants ten bucks each for the cover. He looks them over and does not approve. They are, after all, darker-skinned Hispanics. But at least they’re not black. According to the Bishop, the Blue & White will tolerate a few Mexicans but a black face would start a riot. Not that there’s anything to worry about. Such a cracker dive has zero appeal to any sensible black guy.

But a riot is what they’ll get anyway. Tadeo and Miguel order a beer at the crowded bar and do a passable job blending in. They get some stares but nothing bad. If these fat, drunk rednecks only knew. Tadeo could take out any five with his bare hands in less than a minute. Miguel, his brother and sparring partner, could take out four. After fifteen minutes of surveying the crowd and getting the layout, Tadeo flags a bartender over and says in unaccented English, “Say, I need to get some money to a guy named Jack Peeley, but I’m not sure I can recognize him.”

The bartender, a busy man, nods to a row of booths near the pool table and says, “Third booth, the guy with the black cap on.”

“Thanks.”

“No problem.”

They order another beer and kill some time. In Peeley’s booth there are two women and one other man. The table is covered with empty beer bottles, and all four are chomping away on roasted peanuts. Part of the ambience of the Blue & White is that you toss your empty shells onto the floor. At the far end a band cranks up and a dozen folks ease that way for a dance. Evidently, Peeley is not a dancer. Tadeo sends me a text: “JP spotted. Waiting.”

They kill some more time. Partner and I sit and watch and wait, nervous as hell. Who can predict the outcome of a brawl in a roomful of drunken idiots, half of whom carry NRA membership cards?

Peeley and his buddy head to a pool table and get ready for a game. Their women stay in the booth, eating peanuts, swilling beer. “Here we go,” Tadeo says and drifts away from the bar. He walks between two pool tables, times it perfectly, and bumps hard into Peeley, who’s minding his own business and chalking up his cue. “What the hell!” Peeley yells angrily, hot-faced and ready to kick a wetback’s ass. Before he can swing his cue, Tadeo hits him with three punches that no one can possibly see. Left-right-left, each landing on an eyebrow, where the cuts are always easier, each drawing blood. Peeley goes down hard and it will be a while before he wakes up. The women scream and there’s the usual rumble of activity and loud voices as a melee unfolds. Peeley’s friend is slow to react but finally pulls back his stick to take off Tadeo’s head. Miguel, though, intervenes and lands a hard fist at the base of his skull. Peeley’s friend joins Peeley on the floor. Tadeo pounds Peeley’s face a few more times for good measure, then ducks low and darts into the men’s restroom. A beer bottle cracks and splashes just above his head. Miguel is right behind him, angry voices calling after them. They lock the door, then scramble through a window. They’re back in the pickup seconds later, and we casually drive away.

“Got it,” Tadeo says eagerly from the backseat. He thrusts his right hand forward and it is indeed covered with blood. Peeley’s blood. We stop at a burger place, and I carefully scrape it clean.

It’s midnight before we make it back to the City.

9.

The monster who killed the Fentress girls bound their ankles and wrists together with their shoelaces, then threw them in a pond. During Jenna’s autopsy, a single strand of long black hair was found wrapped up in the laces around her ankles. Both she and Raley had light blond hair. At the time, Gardy had long black hair—though the color changed monthly—and not surprisingly the State’s hair analysis expert testified that there was a “match.” For over a century, true experts have known that hair analysis is wildly inaccurate. It is still used by authorities, even the FBI, when there’s no better proof and the suspect has to be nailed. I begged Judge Kaufman to order DNA testing with a sample of Gardy’s current hair, but he refused. Said it was too expensive. We’re talking about a man’s life.

When I was finally allowed to view the State’s evidence, of which there was virtually none, I managed to steal about three-quarters of an inch of the black hair. No one missed it.

Early Monday morning, I ship by overnight parcel the hair and the sample of Jack Peeley’s blood to a DNA lab in California. It will cost me $6,000 for a rush job. I’ll bet the ranch I find the real killer.

10.

Partner and I speed away to Milo for another grueling week of lies. I’m eager to get my first glance at Glynna Roston, juror number eight, and see if there are any telltale signs of backdoor communications. Typically, though, things do not go as planned.

The courtroom is once again packed and I marvel at the crowd. For the eleventh court day in a row, Julie Fentress, the mother of the twins, sits on the front bench, directly behind the prosecutor’s table. She’s with her support group and they glare at me as if I killed the girls myself.

When Trots finally arrives and opens his briefcase and goes through the motions of pretending to be of some value, I lean down and tell him, “Watch juror number eight, Glynna Roston, but don’t get caught.” Trots will get caught because Trots is a blockhead. He should be able to covertly glance at the jurors and gauge their reactions, study their body language, see if they’re awake or interested or pissed, do all the things you learn to do in a trial when you’re curious about your jury, but Trots checked out weeks ago.

Gardy is in relatively good spirits. He’s told me he enjoys the trial because it gets him out of his cell. They keep him locked down in solitary, usually with the lights off because they know he killed the Fentress twins and the harsh punishment should start now. My spirits are better because Gardy took a shower over the weekend.

We kill some time waiting for Judge Kaufman. Huver, the prosecutor, is not at his table at 9:15. His gang of Hitler Youth assistants have deeper frowns than usual. Something is going on. A bailiff appears and whispers to me, “Judge Kaufman wants to see you in chambers.” This happens almost every day, it seems. We run back to chambers to fistfight over something we want to keep away from the public. But why bother? After two weeks, I know that if Huver wants the crowd to see or hear something, it’s going to happen.

I walk into an ambush. The court reporter is there, ready to capture it all. Judge Kaufman is pacing, in his shirt and tie, robe and coat hanging on the door. Huver stands smug and grim-faced by a window. The bailiff shuts the door behind me and Kaufman throws some papers on the table. “Read this!” he growls.

“Good morning, Judge,” I say, as smart-ass as possible. “Huver.”

They do not respond. It’s a two-page affidavit in which the deponent, or in this case the liar, claims she bumped into me the previous Friday night at the MMA fights in the City, and that I discussed the case with her and told her to tell her mother, a juror, that the State had no evidence and all their witnesses were lying. She signed it Marlo Wilfang before a notary public.

“Any truth to it, Mr. Rudd?” Kaufman growls, really steamed up.

“Oh, a little, I suppose.”

“You wanna tell your side of the story?” he asks, obviously not ready to believe a word I say. Huver mumbles loud enough to be heard, “Clear case of jury tampering.”

To which I snap, “You wanna hear my side first or you wanna string me up without all the facts, same as Gardy?”

Judge Kaufman says, “That’s enough. Knock it off, Mr. Huver.”

I tell my version, accurately, perfectly, without a single word of embellishment. I make the point that I’ve never met this woman, wouldn’t know her from Eve—how could I?—and that she deliberately sought me out, initiated the contact, then couldn’t wait to hustle back home to Milo and try to insert herself into this trial.

Often it takes a village to properly convict a killer.

Almost yelling, I say, “She says here I initiated contact? How? I don’t know this woman. She knows me because she’s been in the courtroom, watching the trial. She can recognize me. How am I supposed to recognize her? Does this make any sense?”

It doesn’t, of course, but Huver and Kaufman won’t budge. They are convinced they have me nailed. Their hatred of me and my client is so intense they can’t see the obvious.

I hammer away: “She’s lying, okay? She deliberately planned all of this. She bumped into me, had a conversation, then prepared this affidavit, probably in your office, Huver, and she is lying. That’s perjury and contempt of court. Do something, Judge.”

“I don’t need you to tell me—”

“Oh, come on. Get up off your ass and do the right thing for a change.”

“Listen, Mr. Rudd,” he says, red-faced and ready to take a swing at me. I want a mistrial at this point. I want to provoke these two into doing something really stupid.

Loudly, I say, “I want a hearing. Keep the jury out, call this fine young lady to the witness stand, and let me cross-examine her. She wants to get involved in this trial, bring her on. Her mother is obviously biased and unstable and I want her off the jury.”

“What did you say to her?” Kaufman asked.

“I just told you, word for word. I told her the same thing I would say to any other person on the face of this earth—your case is built on nothing but a bunch of lying witnesses and you have no credible proof. Period.”

“You’ve lost your mind,” Huver says.

“I want a hearing,” I practically yell. “I want this woman off the jury and I will not proceed with the trial until she’s gone.”

“Are you threatening me?” Kaufman asks as things spin rapidly out of control.

“No, sir. I am promising you. I will not continue.”

“Then I’ll hold you in contempt and throw you in jail.”

“I’ve been there before. Do it, and we’ll have ourselves a mistrial. We can come back in six months and have this party all over again.”

They don’t know for sure that I’ve been in jail, but at this moment they figure I’m not lying. A fringe lawyer like me is constantly flirting with ethical boundaries. Jail time is a badge of honor. If I’m forced to anger a judge, or humiliate him, so be it.

We go silent for a few minutes. The court reporter stares at her feet, and if given the chance she would sprint from the room, knocking over chairs in the process. At this point, Huver is terrified of a reversal, of having his great conviction frowned upon by an appellate court that sends it back for another trial. He doesn’t want to relive this ordeal. What he wants is that glorious date in the future when he drives, probably with a reporter in the car with him, to a prison called Big Wheeler, where the State keeps its death house. He’ll be treated like royalty because he will be the Man—the gunslinger who solved the hideous crime and secured the guilty verdict that sent Gardy Baker to his execution, thus allowing Milo to have its closure. He’ll be given a front-row seat behind a curtain that will be dramatically pulled aside to reveal Gardy lying on a gurney with tubes in his arms. Afterward, he, Huver, will find the time to chat somberly with the press and describe the burdens his office places upon him. He has yet to witness an execution, and in this death-happy state that’s worse than being a thirty-year-old virgin. State v. Gardy Baker is Dan Huver’s finest hour. It will make his career. He’ll get to speak at those all-important prosecutors’ conferences held in cheap casinos. He’ll get reelected.

At the moment, though, he’s sweating because he has overplayed his hand.

They were convinced they had me by the balls. What foolishness. Nailing me with some bogus improper contact charge will not help their case and cause at this point. It’s overkill, and it’s not unusual. They have Gardy all but convicted and sentenced to die, and for fun they thought it would be cute to take a bite out of me.

“Smells like improper contact to me, Judge,” Huver says, trying to be dramatic.

“It would,” I say.

“Let’s deal with it later,” Kaufman says. “The jury is waiting.”

I say, “I guess you guys are deaf. I’m not proceeding until I get a hearing. I insist on getting this into the record.”

Kaufman looks at Huver and both seem to lose air. They know I’m crazy enough to go on strike, refuse to participate in the trial, and when that happens they are staring at a mistrial. The judge glares at me and says, “I hold you in contempt.”

“Put me in jail,” I say, mocking, taunting. The court reporter is getting every word. “Put me in jail.”

But he can’t do it right now. He has to make a decision, and a wrong one could jeopardize everything. If I go to jail over this, the entire trial is hijacked and there’s really no way to save it. Somewhere down the road, an appellate court, most likely a federal one, will review Kaufman’s exact movements right here and call a foul. Gardy has to have a lawyer, a real one, and they simply cannot proceed with me in jail. They’ve handed me a gift.

A few seconds pass and tempers cool. Helpfully, almost sweetly, I say, “Look, Judge, you can’t deny me a hearing on this. To do so is to hand me some heavy ammo for the appeal.”

“What kind of hearing?” he says, cracking.

“I want this woman, this Marlo Wilfang, on the witness stand in a closed hearing. You guys are hell-bent on nailing me with improper contact, so let’s get to the bottom of it. I have the right to defend myself. Send the jury home for the day and let’s have us a brawl.”

“I’m not sending the jury home,” he says as he falls into his chair, defeated.

“Fine. Keep ’em locked up all day. I don’t care. This gal has lied to you, and in doing so she’s stuck her nose into the middle of this trial. There’s no way her mother can stay on the jury. It’s grounds for a mistrial now, and it’s damned sure grounds for a reversal five years from now. Pick your poison.”

They are listening because they are suddenly frightened and woefully inexperienced. I’ve gotten the mistrials. I’ve gotten the reversals. I’ve been here many times, in the center of the arena where death is on the line and one mistake can ruin a case. They are novices. Kaufman has presided over two capital murder trials in the seven years he’s been on the bench. Huver has sent only one man to death row, an embarrassment for any prosecutor around here. Two years ago he bungled a death case so badly the judge (not Kaufman) was forced to declare a mistrial. The charges were later dismissed. They are in over their heads and they have just blundered badly.

“Who prepared the affidavit?” I ask.

No response.

I say, “Look, the language used here definitely came from a lawyer. No layperson speaks like this. Did your office prepare it, Huver?”

Huver, trying to remain cool but now far beyond desperate, says something that not even Kaufman can believe: “Judge, we can continue with Trots while Mr. Rudd sits over in the jail.”

I burst out laughing as Kaufman looks like he’s been slapped.

“Oh, go right ahead,” I say, taunting. “You’ve managed to botch this case from the first day, just go ahead and award Gardy with a reversal.”

Kaufman says, “No. Mr. Trots has said nothing so far and it would be wise if that boy just continues sitting there with that stupid look on his face.” While this is funny, I look hard at His Honor and then hard at the court reporter, who’s capturing it all.

“Strike that,” Kaufman barks at her as he catches himself. What a moron. A trial often resembles a bad circus as various acts spin out of control. What began as a fun-and-games attempt to humiliate me now looks like a terrible idea, at least for them.

I don’t want Huver coming up with any good ideas—not that I have much to worry about—and so to keep him off balance I throw some gas on the fire by saying, “Of all the stupid things you’ve said so far in this trial, that has got to be the winner. Bennie Trots. What a joke. You would want him in the first chair.”

“What’s your position, Mr. Rudd?” Kaufman demands.

“I’m not walking back into that courtroom until we have a hearing on improper contact with juror number eight, the lovely Mrs. Glynna Roston. If I’m really in contempt, then throw me in jail. Right now I’d rather have a mistrial than a triple orgasm.”

“No need to be crude, Mr. Rudd.”

Huver begins fidgeting and stammering. “Well, uh, Judge, uh, I suppose we could deal with the improper contact and the contempt later, you know, after the trial or something. Me, I’d just rather get on with the testimony. This, uh, just seems so unnecessary at this point.”

“Then why’d you start it, Huver?” I say. “Why did you clowns get all excited about improper contact when you knew damned well this Wilfang woman is lying?”

“Don’t call me a clown,” Judge Kaufman sneers.

“Sorry, Judge, I wasn’t referring to you. I was referring to all the clowns in the prosecutor’s office, including the district attorney himself.”

“If we could elevate the level of discourse here,” Kaufman says.

“My apologies,” I say, about as sarcastically as humanly possible.

Huver retreats to the window, where he stares onto the rows of shabby buildings that comprise the Main Street of Milo. Kaufman retreats to a bookcase behind his desk where he stares at books he’s never touched. The air is strained and tense. A weighty decision must be made, and quickly, and if His Honor gets it wrong the aftershocks will ripple for years.

He finally turns around and says, “I guess we’d better question juror number eight, but we’re not doing it out there. We’ll conduct the inquiry here.”

What follows is one of those episodes in a trial that frustrate litigants, jurors, and observers. We spend the rest of the day in Judge Kaufman’s less than spacious chambers haggling and often yelling over the ins and outs of my improper contact with a juror. Glynna Roston is dragged in, put under oath, and is almost too terrified to speak. She begins lying immediately when she says she has not discussed this case with her family. On cross-examination, I attack with a vengeance that seems to astonish even Kaufman and Huver. She leaves the room sobbing. Next, they drag in her daffy daughter, Ms. Marlo Wilfang, who repeats her little narrative under the clumsy questioning of Dan Huver, who’s really off his game now. When she’s handed over to me, I sweetly walk her down the golden path, then slice her throat from ear to ear. Within ten minutes, she’s crying, gasping for breath, and wishing a thousand times she’d never called my name at the arena. It becomes painfully obvious she’s lying in her affidavit. Even Judge Kaufman asks her, “In a crowd of five thousand people, how did Mr. Rudd find you if he’s never met you before?”

Thank you, Judge. That would be the great question.

As her story goes, she came home from the fights late on Friday. When she finally woke up on Saturday, she called her mother, who immediately called Mr. Dan Huver, who knew exactly what to do. They met in his office on Sunday afternoon, worked out the language for the affidavit, and, presto! Huver was in business.

I call Huver as a witness. He objects. We argue, but Kaufman has no choice. I question Huver for an hour, and two bobcats trapped in the same burlap sack would be much more civilized. One of his assistants wrote every word of the affidavit. One of his secretaries typed it. Another secretary notarized it.

He then questions me and the squabbling continues. Throughout this tedious ordeal, the jurors wait in the deliberation room, no doubt briefed by Glynna Roston and no doubt blaming me for another frustrating delay in the trial. As if I care. I keep reminding Kaufman and Huver that they are playing with a cobra here. If Glynna Roston stays on the jury, I’m guaranteed a reversal. I’m not sure of this—on appeal nothing is guaranteed—but I gradually see them wither under the strain and doubt their own judgment. I repeatedly move for a mistrial. The motions are repeatedly denied. I don’t care. It’s in the record. Late in the afternoon, Kaufman decides to excuse Mrs. Roston and replace her with Ms. Mazy, one of our blue-ribbon alternates.

Ms. Mazy is no replacement to get excited about; in fact, she’s no better than the last old gal who occupied her chair. No one in Milo would be better. You could select twelve from a pool of a thousand and every jury would look and vote the same. So why did I burn so much clock today? To hold them accountable. To scare the hell out of them with the scenario that they—prosecutor and judge, duly elected by the locals—could screw up the most sensational case this backwater hick town has ever seen. To collect ammunition for the appeal. And, to make them respect me.

I demand that Marlo Wilfang be prosecuted for perjury, but the prosecutor is tired. I demand she be held in contempt. Instead, Judge Kaufman reminds me that I’m in contempt. He sends for a bailiff, one with handcuffs.

I say, “I’m sorry, Judge, but I’ve forgotten why you found me in contempt. It was so long ago.”

“Because you refused to continue the trial this morning, and because we’ve wasted an entire day back here fighting over a juror. Plus, you insulted me.”

There are so many ways to respond to this nonsense, but I decide to let it pass. Tossing me in jail over a contempt charge will only complicate matters for them, for the authorities, and it will give me even more ammo for Gardy’s appeal. A large deputy comes in and Kaufman says, “Take him to jail.”

Huver is at the window, his back to it all.

I don’t want to go to jail, but I can’t wait to get out of this room. It’s beginning to reek of stale body odor. The handcuffs are locked around my wrists, hands in front, not back, and as I’m led away I look at Kaufman and say, “I’m assuming I will be allowed to continue as lead counsel in the morning.”

“You will.”

To frighten them even more, I add, “The last time I was tossed in jail in the middle of a trial the conviction was reversed by the state supreme court. Nine to zero. You clowns should read your cases.”

Another large deputy joins our little parade. They take me through the back doors and down the rear hallway I use every day. For some reason we pause on a landing as the deputies mumble into their radios. When we finally step outside, I get the impression that word was leaked. A cheer goes up by my haters when they see me frog-marched out, handcuffed. For no apparent reason, the cops stall as they try to decide which patrol car to use. I stand by one, exposed, smiling at my little mob. I see Partner and yell that I’ll call him later. He is stunned and confused. For sport, they shove me into the same backseat with Gardy; lawyer and client, off to jail. As we pull away, with lights and sirens fully engaged to give this miserable town as much drama as possible, Gardy looks at me and says, “Where you been all day?”

I’m not about to try. I lift my bound hands and say, “Fighting with the judge. Guess who won?”

“How can they throw a lawyer in jail?”

“The judge can do whatever he wants.”

“You getting the death penalty too?”

I chuckle for the first time in many hours. “No, not yet anyway.”

Gardy is amused by this unexpected change in routine. He says, “You’re gonna love the food there.”

“I’ll bet.” The two deputies in the front seat are listening so hard they’re barely breathing.

“You ever been in jail before?” my client asks.

“Oh yes, several times. I have a knack for pissing off judges.”

“How’d you piss off Judge Kaufman?”

“It’s a long story.”

“Well, we got all night, don’t we?”

I suppose we do, though I doubt they’ll throw me in the same cell with my dear client. Minutes later we stop in front of a 1950s-style flat-roofed building with several additions stuck to its sides like malignant tumors. I’ve been here a few times to meet with Gardy and it’s a miserable place. We park; they yank us out of the car and jostle us inside a cramped open room where some cops lounge around pushing paper and acting like badasses. Gardy disappears into the rear, and when an unseen door opens I can hear prisoners yelling in the background.

“Judge Kaufman said I can make two phone calls,” I snap at the jailer as he moves toward me. He stops, uncertain as to what exactly a jailer is supposed to do when confronting an angry lawyer sent over for contempt. He backs away.

I call Judith, and after barking at her receptionist, then her secretary, then her paralegal, I get her on the phone, explain I’m in jail again and need help. She curses, reminds me of how busy she is, then says all right. I call Partner and give him the update.

They hand me an orange jumpsuit with “Milo City Jail” stenciled across the back. I change in a filthy bathroom, carefully arranging my shirt, tie, and suit on one hanger. I hand it to the jailer and say, “Please don’t wrinkle this. I have to wear it tomorrow.”

“You want it pressed?” he says, then roars with laughter. The others break down too at this real knee-slapper, and I smile like a good sport. When the laughing is over I say, “So what’s for dinner?”

The jailer says, “It’s Monday, Spam day. Always Spam on Monday.”

“Can’t wait.” My cell is a ten-by-ten concrete bunker that reeks of stale urine and body odor. On the bunk beds are two young black men, one reading, the other napping. There is no third bed, so I’ll sleep in a plastic chair stained with dark brown splotches. My two new cellies do not appear the least bit friendly. I don’t want to fight, but getting beat up in jail, in the middle of a capital murder defense, would cause an automatic mistrial. I’ll ponder it.

Because she’s done this before, Judith knows exactly what to do. At 5:00 p.m., she files a petition for habeas corpus in federal court in the City, with an urgent demand for an immediate hearing. I love federal court, most of the time.

She also sends a copy of her petition to my favorite reporter at the newspaper. I’ll make as much noise as possible. Kaufman and Huver have blundered badly, and they’ll pay for it. The reader on the bottom bunk decides he wants to talk, so I explain why I’m here. He thinks it’s funny, a lawyer in jail for pissing off the judge. The napper on the top bunk rolls over and joins the fun. Before long, I’m giving legal advice, and these guys need as much as I can dish out.

An hour later, a jailer fetches me with the news that I have a visitor. I follow him through a maze of narrow hallways and find myself in a cramped room with a Breathalyzer. This is where they bring the drunk drivers. The Bishop stands and we shake hands. We’ve spoken on the phone but never met. I thank him for coming but caution him about doing so. He says screw it—he’s not afraid of the locals. Plus, he knows how to lie low and stay under the radar. He also knows the police chief, the cops, the judge—the usual small-town crap. He says he’s tried to call Huver and Kaufman to tell them they’ve made a big mistake, but he can’t get through. He’s leaning on the police chief to put me in a better cell. The more we talk, the more I like the guy. He’s a street fighter, a worn-out, frazzled old goat who’s been knocking heads with the cops for decades. He hasn’t made a dime and doesn’t care. I wonder if I’ll be him in twenty years.

“How about the DNA tests?” he asks.

“The lab will get the samples tomorrow and they’ve promised a quick turnaround.”

“And if it’s Peeley?”

“All hell breaks loose.” This guy is on my side, but I don’t know him. We chat for ten minutes and he says good-bye.

When I return to my cell, my two new friends have spread the word that there’s a criminal lawyer in here with them. Before long, I’m yelling advice up and down the block.

11.

Common sense is not always my strong suit, but I decide not to start a fight with Fonzo and Frog, my two new partners in crime. Instead I sit in my chair all night and try to nap. It doesn’t work. I said no to the Spam for dinner and no to the putrid eggs and cold toast for breakfast. Thankfully, no one mentions a shower. They bring me my suit, shirt, tie, shoes, and socks, and I dress quickly. I say good-bye to my cellies, both of whom will be behind bars for several years, regardless of the brilliant advice I dispensed for hours.

Gardy and I are given separate rides back to the courthouse. A larger crowd of enemies jeer at me as I’m sort of dragged out of the car, still in handcuffs. Once I’m inside and away from any photographers, they remove the handcuffs. Partner is waiting in the hallway. I made the morning edition of the Chronicle, the City’s daily. Metro section, third page. No big deal—Rudd is thrown in jail again.

As instructed, I follow a bailiff back into the chambers of Judge Kaufman, who’s waiting with Huver. Both wear smirks and are curious to see how I survived the night. I do not mention the jail, do not acknowledge the fact that I’ve not slept, eaten, or showered in a long time. I’m in one piece, raring to go, and this seems to irritate them. It’s all fun and games, with Gardy’s life on the line.

Seconds after I step into chambers, another bailiff rushes in and says, “Sorry, Judge, but there’s a U.S. marshal out here says you gotta be in federal court in the City at eleven this morning. You too, Mr. Huver.”

“What the hell?” Kaufman says.

Oh so helpfully, I explain, “It’s a habeas corpus hearing, Judge. My lawyers filed it yesterday afternoon. An emergency hearing to get me out of jail. You guys started this crap, now I have to finish it.”

“Does he have a subpoena?” Huver asks. The bailiff hands over some paperwork and Huver and Kaufman scan it quickly.

“It’s not a subpoena,” Kaufman says. “It’s sort of a notice from Judge Samson. Thought he was dead. He has no right to notify me to be present for a hearing of any kind.”

“He’s been off his rocker for twenty years,” Huver says, somewhat relieved. “I ain’t going. We’re in the middle of a trial here.”

He’s not wrong about Judge Samson. If the lawyers could vote for the craziest federal judge in the land, Arnie Samson would win in a landslide. But he’s my crazy friend, and he’s freed me from jail before.

Kaufman says to the bailiff, “Tell the marshal to get lost. If he starts trouble, tell the sheriff to arrest him. That’ll really piss him off, won’t it? The sheriff arresting a marshal. Ha. Bet that’s never happened before. Anyway, we’re not leaving. We have a trial to resume here.”

“Why’d you run to federal court?” Huver asks me in all seriousness.

“Because I don’t like being in jail. What kinda stupid question is that?”

The bailiff leaves and Kaufman says, “I’m vacating the contempt order, okay, Mr. Rudd? I figure one night in the slammer is enough for your behavior.”

I say, “Well, it’s certainly enough for a mistrial or a reversal.”

“Let’s not argue that,” Kaufman says. “Can we proceed?”

“You’re the judge.”

“What about the hearing in federal court?”

“Are you asking me for legal advice?” I fire back.

“Hell no.”

“Ignore the notice at your own risk. Hell, Judge Samson might throw the both of you in jail for a night or two. Wouldn’t that be funny?”

12.

We eventually make it back to the courtroom, and it takes some time to get everyone settled. When the jury is brought in, I refuse to look at them. By now they all know I spent the night in jail, and I’m sure they’re curious about how I survived. So I give them nothing.

Judge Kaufman apologizes for the delays and says it’s time to get to work. He looks at Huver, who stands and says, “Your Honor, the State rests.”

This is an amateurish ploy designed to make my life even more miserable. I rise and angrily say, “Your Honor, he could’ve told me this yesterday or even this morning.”

“Call your first witness,” Kaufman barks.

“I’m not ready. I have some motions. On the record.”

He has no choice but to excuse the jury. We spend the next two hours haggling over whether or not the State has presented enough proof to keep going. I repeat the same arguments. Kaufman makes the same rulings. It’s all for the record.

My first witness is a scraggly, troubled kid who looks remarkably similar to my client. His first name is Wilson; he’s fifteen years old, a dropout, a druggie, a kid who’s basically homeless, though an aunt allows him to sleep in the garage whenever he’s sick. And he’s our star witness!

The Fentress girls went missing around 4:00 on a Wednesday afternoon. They left school on their bikes but never made it home. A search began around 6:00 and intensified as the hours passed. By midnight, the entire town was in a panic and everyone was outside with a flashlight. Their bodies were found in the polluted pond around noon the following day.

I have six witnesses, Wilson and five others, who will testify that they were with Gardy on that Wednesday afternoon from around 2:00 until dark. They were at a place called the Pit, an abandoned gravel pit in the middle of some dense woods south of town. It’s a secluded hideout for truants, runaways, homeless kids, druggies, petty felons, and drunks. It attracts a few older deadbeats, but for the most part it’s a haven for the kids nobody wants. They sleep under lean-tos, share their stolen food, drink their stolen booze, take drugs I’ve never heard of, engage in random sex, and in general waste away the days while sliding closer to either death or incarceration. Gardy was there when someone else abducted and murdered the Fentress girls.

So we have an alibi—my client’s whereabouts can be vouched for. Or can it?

By the time Wilson takes the stand and is sworn in, the jurors are suspicious. For the occasion he’s wearing what he always wears—grimy jeans with lots of holes, battered combat boots, a green T-shirt proclaiming the greatness of some acid-rock band, and a smart purple bandanna looped around his neck. His scalp is skinned above the ears and yields to a bright orange Mohawk roaring down the center. He’s displaying the obligatory collection of tattoos, earrings, and piercings. Because he’s just a kid without a clue and is now being dragged into such a formal setting, he instantly retreats behind a smirk that makes you want to slap him.

“Just be normal,” I told him. Sadly, he is. I wouldn’t believe a word he says, though he’s telling the truth. As rehearsed, we walk through that Wednesday afternoon.

Huver annihilates him on cross-examination. You’re fifteen years old, son, why were you not in school? Smoking dope, huh, along with your pal here, that’s what you’re telling these jurors? Drinking, and drugging, just a bunch of deadbeats, right? Wilson does a lousy job of denying this. After fifteen minutes of abuse, Wilson is disoriented, afraid he might be charged with some crime. Huver hammers away, a bully on the playground.

But because Huver is not too bright, he goes too far. He’s got Wilson on the ropes and is drawing blood with each question. He’s grilling him about dates—how can he be certain it was that Wednesday back in March? You kids keep a calendar out there at the Pit?

Loudly, “You have no idea what Wednesday you’re talking about, do you?”

“Yes, sir,” Wilson says, politely for the first time.

“How?”

“Because the police came out there, said they were looking for two little girls. That was the day. And Gardy had been there all afternoon.” For a kid without a brain, Wilson delivers this perfectly, just like we practiced.

Evidently, when there is a crime in Milo slightly more serious than littering, the police rush out to the Pit and make accusations. Harass the usual suspects. It’s about three miles from the pond where the Fentress girls were found. It’s blatantly obvious none of the regulars at the Pit have any means of transportation other than their feet, yet the police routinely show up and throw around their considerable weight. Gardy says he remembers the cops asking about the missing girls. The cops, of course, do not remember seeing Gardy at the Pit.

None of this matters. This jury is not about to believe a word Wilson says.

Next, I call a witness with even less credibility. They call her Lolo, and the poor child has lived under bridges and in box culverts for as long as she can remember. The boys protect her and in return she keeps them satisfied. She’s now nineteen and there’s no way she will see twenty-five, not on this side of the bars. She’s covered in tattoos, and by the time she’s sworn in the jurors are already disgusted. She remembers that particular Wednesday, remembers the cops coming out to the Pit, remembers Gardy being there all afternoon.

On cross, Huver can’t wait to bring up the fact that she’s been busted twice for shoplifting. For food! What are you supposed to do when you’re hungry? Huver makes this sound like she deserves the death penalty.

We plow ahead. I call my alibi witnesses, who tell the truth, and Huver makes them look like criminals. Such is the lunacy and unfairness of the system. Huver’s witnesses, the ones testifying on behalf of the State, are cloaked with legitimacy, as if they’ve been sanctified by the authorities. Cops, experts, even snitches who’ve been washed and cleansed and spruced up in nice clothes, all take the stand and tell lies in a coordinated effort to have my client executed. But the witnesses who know the truth, and are telling it, are discounted immediately and made to look like fools.

Like so many, this trial is not about the truth; it’s about winning. And to win, with no real evidence, Huver must fabricate and lie and attack the truth as if he hates it. I have six witnesses who swear my client was nowhere close to the scene when the crime was committed, and all six are scoffed at. Huver has produced almost two dozen witnesses, virtually all known to be liars by the cops, the prosecution, and the judge, yet the jurors lap up their lies as if they’re reading Holy Scripture.

13.

I show the jurors a map of their lovely town. The Pit is far away from the pond; there’s no possible way Gardy could have been in both places at the approximate time the girls were murdered. The jurors don’t believe any of this because they have known for some time that Gardy was a member of a satanic cult with a history of sexual perversion. There is no physical proof that the Fentress girls were sexually assaulted; yet every miserable redneck in this awful place believes Gardy raped them before he killed them.

At midnight, I’m lying across my lumpy motel bed, 9-millimeter by my side, when my cell phone beeps. It’s the DNA lab in San Diego. The blood Tadeo brutally extracted from the forehead of Jack Peeley matches the strand of hair the murderer left behind in the shoelaces he tightly bound around the ankles of Jenna Fentress, age eleven.

14.

Sleep is impossible; I can’t even close my eyes. Partner and I leave the motel in the dark and are almost to Milo before we see the first hint of light in the east. I meet with the Bishop in his office as the town slowly comes to life. He calls Judge Kaufman at home, gets him up and out of bed, and at 8:00 a.m. I’m in his chambers with Huver and the court reporter. All of what follows will be on the record.

I lay out my options. If they refuse to stop the trial, dismiss the case, and send everybody home—and this is what I expect them to do—then I will either (1) issue a subpoena for Jack Peeley, have him hauled into court, put him on the stand, and expose him as the killer; or (2) go to the press with the details of the DNA testing; or (3) announce to the jury what I know; or (4) do all of the above; or (5) do nothing, let them get their conviction, and slaughter them on appeal.

They demand to know how I obtained a blood sample for Jack Peeley, but I’m not required to tell them. I remind them that for the past ten months I’ve begged them to investigate Peeley, to get a blood sample, and so on, but they have had no interest. They had Gardy, one of Satan’s foot soldiers. For the tenth time I explain that Peeley (1) knew the girls, (2) was seen near the pond when they disappeared, and (3) had just broken up with their mother after a long, violent romance.

They are bewildered, stunned, at times almost incoherent as reality settles in. Their bogus and corrupt prosecution has just unraveled. They have the wrong man!

Virtually all prosecutors have the same genetic flaw; they cannot admit the obvious once it’s on the table. They cling to their theories. They know they are right because they’ve been convinced of it for months, even years. “I believe in my case” is one of their favorite lines, and they’ll repeat it mindlessly as the real killer walks forward with blood on his hands and says, “I did it.”

Because I’ve heard so much of their idiotic bullshit before, I have tried to imagine what Huver might say at this point. But when he says, “It’s possible Gardy Baker and Jack Peeley were working together,” I laugh out loud.

Kaufman blurts, “Are you serious?”

I say, “Brilliant, just brilliant. Two men who’ve never met, one eighteen years old, the other thirty-five, join up for about half an hour to murder two little girls, then go their separate ways, never to see each other again and both determined to keep their mouths shut forever. You wanna argue that on appeal?”

“It wouldn’t surprise me,” Huver says, scratching his chin as if his high-powered brain is clicking right along and sifting through new theories of the crime.

Kaufman, whose mouth is still open in disbelief, says, “You can’t be serious, Dan.”

Dan says, “I want to proceed. I think Gardy Baker was involved in this crime. I can get a conviction.” It’s pathetic to watch him plunge onward when he knows he’s wrong.

“Let me guess,” I say. “You believe in your case.”

“Damned right I do. I want to go forward. I can get a conviction.”

“Of course you can, and getting a conviction is far more important than justice,” I say, remarkably under control. “Get your conviction. We’ll slog through the appellate courts for the next ten years while Gardy wastes away on death row and the real killer walks the streets, then one day a federal judge somewhere will see the light and we’ll have another high-profile exoneration. You, the prosecutor, and you, the judge, will look like idiots because of what’s happening right now.”

“I want to go forward,” Huver says like a defective recording.

I keep going: “I think I’ll go to the press, show them the DNA test results. They’ll splash it around and you’ll look like a couple of clowns still trying the case. Meanwhile, Jack Peeley will disappear.”

“How’d you get his DNA?” Judge Kaufman asks me.

“He got in a bar fight last Saturday at the Blue & White, got his face busted, and the guy who did it works for me. I personally scraped Peeley’s blood off my guy’s fist and sent it to the lab, along with a sample of the hair I collected earlier.”

“That’s tampering with the evidence,” Huver says, predictably.

“Oh, sue me, or throw me in jail again. This little party’s over, Dan, give it up!”

Kaufman says, “I want to see the test results.”

“I’ll have them by tomorrow. The lab’s in San Diego.”

“We’re in recess until then.”

15.

At some point during the day, the judge and the prosecutor meet secretly. I’m not invited. The rules of procedure prohibit such clandestine meetings, but they happen. These guys need an exit strategy, and fast. By now they know I’m half-crazy and I will indeed run to the press with my test results. At this desperate hour, they are still more concerned with politics than with the truth. All they care about is saving face.

Partner and I return to the City, where I spend the day working on other cases. I convince the lab to e-mail the test results to Judge Kaufman, and by noon he knows the truth. At 6:00 p.m. I get the phone call. Jack Peeley has just been arrested.

We meet the following morning in Kaufman’s chambers, not in open court, where we belong. A dismissal in open court would be far too embarrassing for the system, so the judge and the prosecutor have conspired to do it behind closed doors, and as quickly as possible. I sit at a table with Gardy by my side and listen as Dan Huver limps through a tepid motion to dismiss the charges. I strongly suspect that Huver wants to proceed with his beloved case, the one he believes in so strongly, but Kaufman said no; said this little party is over; said let’s cut our losses and get this radical bastard and his brain-damaged client out of here.

When the paperwork is signed, Gardy is a free man. He’s spent the last year in a tough jail—I should know. But a year in jail for an innocent man is pure luck in our system. There are thousands locked away for decades, but that’s another soapbox.

Gardy is bewildered, not sure where to go or what to do. As they lead us out of Kaufman’s chambers, I hand him two $20 bills and tell him good luck. They’ll sneak him back to the jail to collect his assets, and from there his mother will take him somewhere safe. I’ll never see him again.

He doesn’t say thanks because he doesn’t know what to say. I don’t want to embrace him because he didn’t shower last night, but we manage a quick hug in a narrow hallway while two deputies watch us. “It’s over, Gardy,” I keep saying, but he doesn’t believe me.

Word has leaked and there’s a mob waiting outside. The town of Milo will never believe anyone but Gardy killed the Fentress girls, regardless of the evidence. This is what happens when the cops act on one of their smart hunches and march off in the wrong direction, controlling the rumors and taking the press along with them. The prosecutor joins the parade early on, and before long it becomes an organized and semi-legitimate lynching.

I slip through a side door to where Partner is waiting. We make our escape, without an escort of any sort, and as we speed away from the courthouse two tomatoes and an egg splash onto our windshield. I can’t help but laugh. Once again, I’m leaving town in style.