The Arraignment

CHAPTER FOUR

Standing on the sidewalk, I can do nothing. Within seconds, a fire engine rounds the corner, followed a minute later by an ambulance. Two EMTs jump off the engine, and, before I can move, they are working on Nick. They hover over him, pulling equipment from their large emergency packs-needles and plasma, an oxygen mask connected to a small tank. I move through the crowd and realize that the other man is Metz. I can see the back of one of the emergency medical techs hunching over him, doing chest compressions.

In less than three minutes, Nick and Metz are loaded onto stretchers and moved into the ambulance. I can see part of Nick’s face outside of the mask as they wheel him past. It is ashen, a hue of blue-gray. His eyes are partly open, a lifeless expression that you know is not good.

Before I can turn for my car, the ambulance and its cargo are gone. I would guess to the trauma center, but given the medical facilities in this town I would have better odds playing roulette. Instead of guessing, I head to the car and ply the cell phone. It takes me ten minutes of calling information before I find the right hospital, only to be told that the ambulance has arrived but no information can be given out. The nurse wants to know if I am family. I tell her no. She asks my name and phone number. I tell her I will call back later and hang up. There is nothing I can do. In a daze, I head for the office. One of those episodes when you drive, arrive at a destination, and don’t know how you got there. I’m parked on the street outside my office, sitting in the driver’s seat, not knowing how long I’ve been here.

I shake my head, wipe my forehead. For a moment I think I am imagining it. But my hands are trembling. I turn the key in the ignition halfway and turn on the radio, and push buttons for local stations. I break into one of them and hear the words:

“… outside of the federal courthouse in downtown San Diego. At this time we don’t know how many people have been injured. Again, it was a drive-by shooting.”

I reach for the control and turn up the volume.

“According to confirmed reports, two men are dead.”

My mind has already registered the fact, but hearing it somehow makes it real.

“The identities of the two victims are being withheld pending notification of next of kin. According to police, the motive for the shootings is unknown. There have been no arrests and police say the investigation is continuing. We’ll bring you further details at the hour.”

The rest of that day and the day after seem largely a haze of nightmarish images, of dark dreams that I can escape by awakening only to discover that I am not dreaming.

Fortunately, the cops do not get around to me until three days after the fact. At first, I thought maybe my name might have been on Nick’s calendar. When they didn’t show up that first day, I knew it wasn’t.

A double murder involving a prominent lawyer in front of a federal courthouse is front-page news. The local channels and the papers are hitting it hard, the cops fanning the flames, feeding them information, none of it favorable to Nick. As a criminal defense lawyer, Nick was infamous, the kind of advocate who took no prisoners in a courtroom. It has already been leaked that there was an envelope with four thousand dollars in cash in Nick’s coat pocket when they undressed the body at the morgue. That there was a name scrawled on the envelope is all that authorities are saying. It is enough for readers to draw unsavory conclusions.

The police are saying nothing about motive, though reporters have ferreted out that Metz was under indictment. They have referred to Metz only as a prominent businessman. The key clue for the press is Nick. They have dwelled on the fact that he specialized in major narcotic cases both in the U.S. Attorney’s Office and in private practice, and from this they have pieced sketchy conclusions, offering just enough for readers to speculate.

As for the authorities, they are saying nothing. Under the circumstances, Nick’s passing is not likely to result in the dedication of any lofty limestone memorials by civic groups.

Cameras and a steady gaggle of reporters have been staked out in front of the security gates leading to Dana’s house down in the Cays. I have seen the images on the nightly news-the widow in dark glasses being chauffeured through the phalanx by friends, one in particular, a tall gentleman, slicked-down dark hair with a little gray at the temples, and wearing a sport coat and slacks that look as if they were flown in for the occasion from Saville Row.

Dana is fortunate to live in a gated community where they are not trampling her front lawn and poking through her windows on ladders with their cameras. Security has kept the media herd huddled out near the Silver Strand and away from her house.

This morning Harry is in the office early, ready to run interference when the cops finally show up. We have been expecting them. I have told Harry about Nick’s electronic handheld device. As with most things electronic it is a mystery to Harry, though he thinks I should turn it over to the cops and let them figure it out. I want to know more about it, and whatever information is inside, before I do that.

I hear the voices in the outer office-some lieutenant of detectives and his partner. I miss their names. They want to see Mr. Madriani.

Harry stalls to give me time to prepare myself. In a voice loud enough to raise Nick, he asks what it’s about. The police are no doubt tracking backward over the hours before Nick’s death, piecing together the people he met, whom he talked to. They have either caught up with Marge, the waitress at the grease spot under the Capri Hotel, who gave them my description, or Dana. She would have known that Nick and I had a meeting that morning. If my guess is correct, and Nick was doing a head job on his wife with Metz, she would have given the cops my name. Nick would have laid it on thick, telling her how he tried to get me to take the case and how I refused.

No doubt it has occurred to her that had I taken Metz on, it might be me who was lying on the slab at the morgue instead of her husband. There has been little else in my own thoughts since the event. Guilt, alleviated by the thought of my daughter Sarah as an orphan.

Seconds later there is a knock on my door. Harry’s head pops through, followed by his body, as he slides through the crack and closes it behind him.

“Two of them,” he says and hands me a business card, official police stationery with the city’s seal and the name Lt. Richard Ortiz, Homicide Division.

“May as well show them in.”

“You don’t have to talk to them,” he says.

“It’s either now or later. Besides, what’s to hide? They probably know more than I do, at least let’s hope so.”

Harry gives me the look of a lawyer whose client has just refused to take good advice. Sullenly, he opens the door wide. “You can come in,” he says.

A moment later, two men step into my office. One of them is tall, slender, dark hair cropped close, a face with a lot of crags and eyes set so deep that I would need a diving bell with lights to tell their color. There is a certain hungry look about him, human descendent of the vulture family. I would guess he is in his mid-thirties. From his looks, any mirth has been long since squeezed from him by his occupation.

The other guy is built like an Ohio State linebacker-short blond hair, neck like a bull, and biceps that are stretching the arms on his sport coat. He is younger.

“Mr. Madriani, I’m Lieutenant Ortiz.” The tall vulture is in charge. “My partner, Sergeant Norm Padgett.”

Before I can say a word, a rush of panic sets in, adrenaline high. My eyes pass over Nick’s Palm device on the far corner of my desk where I’d dropped it this morning after finding it in my coat pocket. It’s too late now.

“Have a seat,” I say. If I reach over and grab it, they may wonder why. If Dana told them Nick had one and they didn’t find it in a search of his office, they would be looking for it.

“Would you guys like coffee?” I ask.

They both decline.

“What can I do for you?”

Harry rests part of his weight on the credenza against the far wall of my office and settles in. The sergeant turns to look at him.

“I’m sorry. You’ve met my partner, Harry Hinds.”

“We met,” says Ortiz. “This is a confidential investigation,” he says.

“I understand,” says Harry. “We’ll keep it between the four of us.”

“I think my partner would prefer to stay,” I tell him.

“We could do this downtown,” says Ortiz.

“In which case I’ll get my coat,” says Harry.

Ortiz looks at him from the two dark sunken holes in his skull.

“Last time I looked, my state bar card was still good,” says Harry.

“Is there a reason you would need a lawyer?” Ortiz asks me.

“You tell me.”

“You’re not under any suspicion, as far as we know,” he says.

“That’s good to hear. I’ll make a note,” says Harry.

The cop doesn’t smile, but he says, “Fine.” First skirmish to our side.

“We just have a few questions,” he says. “I suspect you know why we’re here?”

“Why don’t you tell us?”

Every once in a while my eyes drift toward the handheld device on the desk. I’d like to reach for it casually and just sweep it into one of the drawers of my desk. But I don’t dare.

“I’m sure you’re aware of the shooting outside the federal courthouse earlier this week. A double homicide.”

He waits to see what I will say. Maybe some lame thing like I’ve read about it in the paper. I don’t say anything.

“From what we understand you knew both of the victims, a Mr. Nicholas Rush and a Mr. Gerald Metz.”

“Is that a question?”

“Sure.”

“I knew Mr. Rush. I was acquainted with Mr. Metz, having met him once.”

“Good. Thank you.” A pat on the head from Ortiz. “And I take it you were aware of the shooting?”

“I am.”

“How did you find out about it?”

I look at him. We duel with eyes.

“I’d like an answer.”

“I heard the shots.”

“You were there?” he says.

“I was across the street, about a half a block away walking the other direction when it happened. By the time I turned to look, it was over.”

“Did you see the car, the vehicle with the shooter?” asks Ortiz.

“Just for an instant. It was going the other way, away from me. What I remember is that it was a dark sedan. I couldn’t tell you the make or model. I didn’t get that good a look.”

“And of course you didn’t see a license number?”

I shake my head.

“You probably wouldn’t,” he says. “We don’t think it had any plates. They were removed by whoever stole it, before the shooting. We found the vehicle late last night abandoned on the other side of town. I’m sure you’ll read about it in tomorrow’s paper,” he says.

“Did you get any fingerprints?” says Harry.

“That you won’t read about,” says Padgett.

“How well did you know Mr. Rush?” says Ortiz.

“We did business from time to time. Referred clients. That sort of thing.”

“Were you close socially?”

“We would get together for lunch once in a while. See each other at bar meetings.”

“We’ve been told that you talked with him the morning he was killed.”

“We had a brief conversation.”

Padgett takes out his notepad.

“Can you tell us what it was about?” asks Ortiz.

“In general terms?”

“We can start there.”

“It was business. A client who was referred to me by Mr. Rush.”

“Would that client have been Mr. Metz?” asks Padgett.

“I’m going to suggest that he not answer that,” says Harry.

“I thought you were just watching and listening.” Ortiz looks at him over his shoulder.

“Sometimes I hit the ball back,” says Harry.

“Fine. Why shouldn’t Mr. Madriani answer my question?” he says.

“The identity of a client, before there has been any public representation,” says Harry, “is a matter of attorney-client privilege.”

I smile at Ortiz. “Aren’t lawyers a pain in the ass?”

“Does that mean you represented Mr. Metz?” says Ortiz.

“No. It means that I’m not going to answer your question.”

“Why not? What’s to hide?” says Padgett.

“The identity of a former client,” says Harry.

“Who is dead,” says Padgett.

“Assuming that that client was Mr. Metz,” says Harry, “which is the very question you’re asking, and we’re declining to answer.”

They run up a dead end. I can tell by the body English that Padgett doesn’t want to leave it. Ortiz takes the higher road and chooses to ignore it.

“We’re informed that you had one meeting with Mr. Metz to determine whether or not you would take his case, and that you declined.”

They have been talking to Dana.

“Can you tell us why you didn’t take the case?”

“Assuming your information is correct, which I’m not conceding, I couldn’t comment. I know. It looks like we’re not getting very far. But I am trying,” I tell him.

“So you did talk to Metz?” says Padgett.

“Did I say that, Harry?”

“No.”

“I didn’t say that.”

We all know why Harry is here. So that Padgett, acting as scribe, can’t get creative with his pencil and notepad.

“But he did have some legal problems,” says Ortiz.

“We understand he was indicted,” says Padgett.

“If you say so.”

“It was in the newspapers,” says Padgett.

“Was it?”

“Let’s cut to the chase,” says Padgett. “We know you met with Rush that morning. We know the conversation was not some hold-your-dick-and-tap-it-till-it-drips pass-the-time-of-day in the men’s room. We have a witness,” he says, “saw you huddled over a table with the man less than ten minutes before he was shot and killed.”

“Then why are you asking me?”

“Because we want to know what you were talking about.”

“Your witness didn’t hear enough to tell you that?”

Padgett says “No” before his partner can walk over the top of him verbally, saying: “We wanted to hear what you would say.”

“Which is it, yes or no? Because if your witness did hear it, then that person would be your best source of information. Because I can’t discuss it.”

“So it was attorney-client?” says Ortiz.

“I thought we already established that.”

“If Rush was your friend, why wouldn’t you want to help us catch his killer?” says Padgett.

“Why don’t you ask me if I still beat my wife?” I tell him.

“Do you?” he asks.

“She died of cancer several years ago,” says Harry.

Padgett looks at me. “Sorry.”

“All we want to know is what Metz told you during your initial client interview,” says Ortiz.

“Unless and until I’m told by a judge to the contrary, any communications I’ve had with any clients are privileged.”

“Even dead clients?” says Ortiz.

“Even dead ones,” I tell him.

“I see, you don’t make the rules, you just follow them, is that it?” says Padgett.

“You’re not as dumb as you look,” says Harry.

“Harry. They’re just trying to do their job,” I say.

“And you’re not helping much,” says Ortiz.

“I’m sorry. But I have to do mine,” replies Harry.

“How long did you know Nick Rush?” Ortiz takes a different tack.

“Ten years. More or less.”

“How did you meet?”

“I’ve thought about that a few times since it happened. You know how it is. When you lose someone you know. I think it was probably a conference or a seminar. Continuing education of the bar maybe. But to be honest, I can’t remember the specific event or where it was.”

“Let me ask you a question. How could Metz be a client if you didn’t take his case?” Padgett doesn’t want to give it up.

“You know as well as I do, whether I declined representation or not, whatever a client told me in an initial interview…” He’s starting to write in his notepad. “And mind you, that’s not saying that I ever talked to Mr. Metz about legal matters, but if I did, it would be covered by privilege.” He scratches it out, closes his notebook. As he does, he sees the device on my desk. He looks at it for a second. My heart gains ten extra beats.

“I’m told you don’t do drug cases,” says Ortiz.

I try to look at him, but my gaze keeps going back to his partner who is still looking at the device on my desk.

“Is that true?”

“Excuse me?”

“That you don’t do drug cases?”

“As a general policy, no. I don’t handle cases involving narcotics.”

If Padgett picks up the device, turns it on, and sees Nick’s name, we will all be finishing this downtown, probably in front of a judge where I can be charged with concealing evidence in a capital case.

“So maybe you have some redeeming qualities after all.” Padgett forgets about the device for a moment and looks at me.

I smile at him.

“Why don’t you do narcotics?” he asks.

“I have no expertise in the field.”

“I take it back,” he says.

“Is that the only reason?” says Ortiz.

“Any other reasons would be personal and have nothing to do with any particular client or case,” I say.

“Is that why you wouldn’t take the Metz case? Because it involved drugs?”

“Assuming Metz was my client, for purposes of an initial interview, the reasons that I might not take such a case would be privileged.”

“We’re back to that?” says Padgett.

“That means it’s none of your business,” says Harry.

“You’re wrong,” says Padgett. “They’re both dead, and that is our business. Besides, who are you protecting, a client who doesn’t exist?”

“Until a court tells me otherwise.”

“I think if Metz were here he might want you to help us,” says Ortiz. “I sure would if somebody pumped me full of holes while I was standing on the sidewalk minding my own business.”

“And your friend?” says Padgett. “I would think you’d want to help us out on that one just out of professional courtesy if nothing else. You know, one shark to another.”

Suddenly I’m out of my chair. Harry is off the credenza to stop me.

Padgett is on his feet, shoulders back, hands ready.

I slowly reach across my desk and take one of my business cards from the little holder on the corner and flip it to him. Pumped with adrenaline, he has trouble trying to catch it in the air, ready for a fight when the test is one of dexterity. If I wanted to nail him, now would be the time.

“Why don’t you call me next time you want to talk,” I tell him. “So I can decide if I want to be in or not.”

Padgett stands there looking foolish, ready for a fight that isn’t going to happen. My card on the floor. He doesn’t know what to do, so he bends over and picks it up.

I use the opportunity to reach for the handheld device, quietly sliding it across the desk and into the center drawer, then closing it. Ortiz is still looking at his partner and doesn’t seem to notice, or if he does, it doesn’t seem to register.

“Then you won’t help us?” He looks back at me.

“If I could help I would, but I can’t. The simple fact is, I don’t know anything.”

Ortiz gives me a mocking smile. He doesn’t believe this. As I study the grin, I get the feeling this is as close as the man ever gets to humor.

“Without talking about specifics, clients, or cases, there are good reasons why a lawyer might decline a case,” I tell him.

“Such as?” says Ortiz.

“Speaking hypothetically?”

“Hypothetically,” he says.

“Perhaps a feeling that the client is not telling you the truth.”

“Metz lied to you?” he says.

“We’re not talking clients or cases,” I remind him.

“Of course not.”

Padgett smiles, still standing at the edge of my desk. Finally getting somewhere. “What did he lie about?” he asks.

I give him a look, like “do you really expect me to answer that?”

“What? You only deal with truthful drug dealers, is that it?”

I don’t take the bait.

“But it was narcotics, wasn’t it?” he says.

“I didn’t say that.”

“You said that’s why you didn’t take his case.”

“He never said anything about Mr. Metz.” Ortiz wants to hear more. Whatever I will tell him.

“Then you wouldn’t have any idea who killed them? Or is that covered by attorney-client privilege as well?” Padgett asks.

“No, I don’t. But if I were you, I’d start by talking to the United States Attorney’s Office.”

“We’ve been there. Like talking to a fucking wall,” says Padgett.

Ortiz shoots him a look to kill. The sergeant’s expression is that of a man who wishes he could inhale his words and swallow them.

The feds aren’t sharing information.

I look up at Harry. We have suddenly learned more than they have.

Bull neck, biceps, and all, Padgett is going to get his ass kicked when Ortiz gets him outside.

“Have you ever heard of a woman named Laura?” says Ortiz.

“In what connection?”

“I don’t know. Maybe a business associate. Perhaps a friend of Mr. Rush?”

“Just Laura, no last name?” I say.

“No. Just Laura.”

I think for a moment. The envelope in Nick’s pocket with the name written on it, with the four thousand in cash inside. This would set the embers of curiosity glowing at Homicide downtown. But the way Ortiz asks the question allows me to sidestep it without lying.

“You say a woman named Laura? Sorry I don’t. Can’t help you.”

“You’re just overflowing with information,” says Padgett.

“If there’s anything else, can we get back in touch with you?” says Ortiz.

“You’ve got my card.”

Ortiz gets on his feet and they head for the door. Padgett is out ahead of him. At the moment I suspect he’d rather stay here, maybe hide under my desk.

“There is one more thing,” says Ortiz. He’s almost to the door, turned, looking at me. “Did you know that Mr. Rush and Mr. Metz were in business together?”

He can tell by the vacant expression on my face, whether true or not, that this thought has never crossed my mind.

I shake my head.

He looks at a piece of paper he has been palming in his hand. “Something called Jamaile Enterprises?” There’s a little uptilt in his voice as he says the word “enterprises.” He looks at me, waiting for a reply.

“Nothing? Nothing?” he says.

I am speechless.

“I was just wondering,” he says, “whether Mr. Rush, being a friend, might have mentioned it to you.”