The Mayor of Lexington Avenue

Forty-one

Jack first addressed the eighteen grand jurors on a Monday morning, when they were fresh and, hopefully, attentive. He didn’t pull any punches. He told them that he wanted them to indict the former state attorney and the investigating detective in the Rudy Kelly case for murder because the two of them knew Rudy Kelly was probably innocent, but they coerced testimony and hid evidence to get a conviction, then later refused to talk to the real killer because they didn’t want to spoil the verdict they had already obtained. They let Rudy Kelly die in the electric chair without checking out the facts that would have made him a free man. He meticulously laid out the evidence he planned to present at trial: that three men were a few hundred yards from the murder scene on the night of the murder; how two of them were questioned that night and then disappeared; how the third, a man named Geronimo, was never questioned and was never found.

He told them about Rudy-how Rudy was a very affable, almost retarded young man who had been to visit Lucy Ochoa on the night of her murder. He told them about Wesley Brume’s interrogation of Rudy and the so-called confession written in long hand by Wesley Brume without the aid of readily available video and audio recorders.

When he had given them an overall view of the case, he focused on the specific details that incriminated Evans and Brume. The first was the rape file.

“They found semen in Lucy Ochoa’s vaginal cavity,” he told them. “And the blood type-they didn’t have DNA testing back then-was different from the blood type of the blood on the carpet, which was Rudy’s blood when he fell and cut his hand. They put that information in a separate rape file and didn’t tell Rudy’s attorneys about it.” He spoke the next two sentences with special emphasis, punching every word home: “It was evidence that someone else was in Lucy’s house on the night of the murder and they hid it from defense counsel. That rape file was only uncovered last year.”

Next, Jack informed them of the letter Tracey James sent to Clay Evans just before she left the case, telling him that one of the three men who was on the street that night-the one called Geronimo, who disappeared before anyone could talk to him-was undoubtedly the killer. And he told them how she had attached Joaquin Sanchez’s report of his interview with Pablo Gonzalez. He repeated two sentences from Tracey’s letter verbatim:

“Release the boy or at least delay the trial until we can jointly investigate who and where this Geronimo person is. Let us work together to see that justice is accomplished.”

The third important piece of evidence was the anticipated testimony of Maria Lopez, that two years after Rudy’s conviction, the City of Del Rio police department sent a letter to the Bass Creek police department informing them that they had just arrested an individual named Geronimo Cruz for rape and murder.

“According to Ms. Lopez, Wesley Brume called Clay Evans immediately and told him about the letter and went directly to his office. There is no evidence that the Del Rio police department was ever contacted, and the letter disappeared.”

The final elements in Jack’s case were the confession and the blood testing of Geronimo Cruz.

“You will see a video recording of a sworn confession by Geronimo Cruz in which he describes in detail how he murdered Lucy Ochoa. We blood-tested Mr. Cruz, who is on death row in Texas for the rape and murder of another woman. His DNA matched the semen found in Lucy Ochoa. There is no doubt he is the killer.

“There is also no doubt that an innocent young man was executed by the State of Florida,” Jack concluded. “Evidence was intentionally hidden; other evidence was intentionally not followed up on. The people who did that-whether they are part of law enforcement or not-should be prosecuted for their actions and should receive the punishment they deserve.”

His presentation had the earmarks of a closing statement, which was exactly what Jack intended. He trusted juries-a lot more than he trusted judges-to go out on a limb and make the right decision, but he had to convince them at the outset that they were doing the right thing. Like Judge Bill Sampson, they would initially be reluctant to indict a state attorney and a police officer. But unlike Bill, they wouldn’t be worried about their own jobs if they did so.

He started to present his case that very afternoon. He read them Wesley Brume’s testimony from the suppression hearing, then the testimonies of Rudy’s principal, Bill Yates, and Benny Dragone, his employer at the convenience store. The combination pretty much painted a picture of Wesley Brume as a snake. Next, he introduced his documentary evidence-a certified copy of the rape investigation and Tracey James’s letter to Clay Evans with Joaquin’s report attached. He followed up with something he hadn’t mentioned that morning, live testimony from Charley Peterson, the public defender who had represented Rudy at trial.

Jack had had a hard time finding Charley Peterson but he eventually located him through a relative in town. Charley had retired unwillingly from the practice of law. His drinking had gotten so bad that he was eventually disbarred, a fact Jack did not know about when he’d filed Rudy’s appeal. A disbarred Charley Peterson would have been another factor in Rudy’s favor. Charley was now clean and sober and teaching at a small college in western North Carolina. When Jack phoned him and told him about the rape file, he was so angry he offered to come and testify at any time without a subpoena.

Charley Peterson knew that he bore some responsibility for Rudy’s death because of his drinking, and he intended to make up for it by testifying honestly and forcefully. He told the grand jurors that he was never told about the rape file and that if he had known about it, he would have introduced the semen evidence at trial. It was significant because it put somebody else in Lucy’s trailer besides Rudy. He was convinced that the jury in Rudy’s case would never have convicted him had they known of the semen evidence.

Jack ended the day on Charley Peterson’s testimony. He was going to call Maria first thing in the morning and finish with Geronimo Cruz’s video confession.

Jack had a master plan to help ensure a successful outcome. He knew the grand jurors would want to give both Clay Evans and Wesley Brume the opportunity to appear before them and tell their story. He also knew that once they were subpoenaed, Evans would call the governor, and there was always the chance that Bob Richards would fire Jack on the spot. Although he had some evidence to persuade the governor not to take such a drastic course of action, he had to allow for that possibility. Part of his plan was simply to finish his case before either Evans or Brume received their subpoena. Then, even if he was fired, the grand jury would already have the evidence they needed to issue an indictment.

The other part of his plan was to deal with the governor directly. He had Maria call and make an appointment for him to see Bob Richards on Wednesday morning at ten o’clock. He then made arrangements with the sheriff’s office to have Clay Evans served with his subpoena before Wesley Brume, on Wednesday morning at 9:30.

Clay Evans called the best criminal lawyer he knew when he received his subpoena. Then he picked up the phone and called Bob Richards. He knew the governor a little from social functions and such, but the two men were not close and Evans wasted no time letting Bob Richards know this was not a social call.

“Do you know what that crazy son-of-a-bitch you appointed state attorney is trying to do?”

“You mean Jack Tobin?”

“Who else? He’s convened a grand jury down there in Cobb County and he’s trying to indict me for the murder of that Kelly kid who was executed.”

Bob Richards couldn’t believe what he was hearing. “You’re kidding me.”

“Do I sound like I’m kidding? This guy has gone off the reservation, Bob, and he’s your problem.”

“I can’t believe this.”

“Well, you better believe it. And you better do something fast. You know that grand juries are putty in the hands of prosecutors. You’d better fire that son-of-a-bitch before they bring back an indictment or all hell’s gonna break loose.”

“Calm down, Clay. I’ll take care of this. As we speak, he’s sitting in my waiting room. I’ll fire him right now and call you back. Don’t worry, I’ll take care of it.”

“You better.”

Bob Richards was in a rage when he hung up the phone. He didn’t need a federal judge breathing down his neck. He also knew something like this was going to be a major, major news event. He had to try to squelch it before it took on a life of its own. He picked up the phone and yelled at his secretary to bring Jack Tobin into his office immediately.

Jack walked into Bob Richards’s office with a smile on his face. He could tell by the governor’s expression that he had received the bad news. His casual smile caused the usually well-controlled politician to explode.

“You son-of-a-bitch! You set me up! You’ve been planning this thing all along, haven’t you?” He didn’t wait for an answer. “And now you stroll in here with that shit-eating grin on your face. What the fuck are you here for? You know I’m going to fire you, don’t you? Did you really believe in your wildest dreams that I would let you prosecute this case? You’re fucking crazy.”

Jack just stood there listening. He’d expected this-the outrage, the indignation. It was going to make what he was about to do that much sweeter.

“Let’s take a walk, Bob.”

“What for?”

“It’s a little stuffy in here.”

“I don’t want to walk anywhere with you.”

“I think you do. I think you want to hear what I have to say before you do anything rash.”

Jack’s statement made Bob Richards pause. He was angry, almost out of control, but Jack was right. He never wanted to do anything to hurt his political career. He didn’t know what Jack was up to, but he had to listen.

“Let’s go to the garden,” he snapped, walking past Jack and out of the office at a clip.

When they were safely in the garden, Richards turned to Jack. “So what do you have to say for yourself before I fire you?” Again, he didn’t wait for an answer. “Do you have any idea what the fuck you’ve done? You’re trying to indict a sitting federal judge for murder. Are you out of your mind?”

“Maybe, but you’re not going to do anything about it.”

“Is that some kind of a threat, Jack?”

“That’s exactly what it is, Governor. I’m glad you can see that.”

“And what do you have to threaten me with?” Richards had obviously played this game before. He wanted to see Jack’s cards.

Jack took a small tape recorder out of his pocket and turned it on. Bob Richards heard his own voice on a telephone tape recorder telling Jack at one point that he thought Rudy was innocent and, in the next moment, that he couldn’t do anything about it for political reasons. Richards already knew about Geronimo Cruz’s confession because Jack had sent him and every judge on the Florida Supreme Court a videotape of it, along with the DNA test results. He immediately put two and two together. If the public found out that the State of Florida had killed an innocent man and that he, the governor, had believed that man to be innocent but had refused to act for political reasons, he was finished.

Richards came out swinging.

“That’s an illegal tape recording of a telephone conversation and you’re trying to blackmail me.”

Jack just smiled. “Well, you’re wrong and you’re right, Bob. You’re wrong about our telephone conversation being illegal. My tape machine came on before I picked the telephone up. As a matter of fact, you were speaking to the recorder when I cut in. You’re not going to be able to claim that the telephone conversation was surreptitiously recorded. You’re right, however, that this is blackmail, because if you attempt to fire me, I’m going to send copies of this tape to every news station in America. This will be national news, Bob. Everyone will be shocked that a governor used a death sentence for political purposes, and you will be a pariah.”

The governor’s demeanor turned on a dime. His anger faded like a light on a dimmer switch.

“Why are you doing this, Jack? I thought we were friends. I went out of my way to put you in this job.”

“You went out of shit, Bob. You gave me this job because I know some people who can help you get to the next level. This job was all about politics and we both know it, so spare me the bullshit. And don’t you dare call me your friend. Rudy Kelly was my friend. His father, Mike, was the best friend I ever had. I pleaded with you. I begged you to spare this young man’s life and you blew me off. Don’t you ever call me your friend.”

“I don’t know what to do. I just got off the phone with Clay Evans. He wants me to fire you and I told him I would.”

“Well, call him back and tell him you’re going to let the judicial process work. Tell him you’re sure he will be vindicated. Then do what you did to me-hang up.”

“What about the press? This is going to be a huge story.”

“It certainly is. You tell the press the same thing. Stick that strong jaw of yours out and tell them that you’re not going to interfere with the judicial process. Tell them that this nation is based on laws, not men-that it’s a matter of principle. Personally you might be appalled at what has transpired, but you cannot interfere. You’re good at that bullshit, Bob.”

Richards missed the sarcasm in Jack’s voice. “You think it will work?”

“Absolutely. Look, if they get off, you can say the system worked. And if they get convicted, you can say the same thing. This is a win-win situation for you, Bob.”

Richards walked along the garden path for a moment with his right hand rubbing at his chin. He suddenly stopped and turned to Jack. “What about the tape?”

“I’ll give it to you when the case is over-completely, appeals and everything.”

“Even if you lose?”

“Even if I lose.”

“What assurances do I have?”

“That’s the rub, Bob. You have to trust me and I know it’s hard for people like you to trust anybody.”

“What choice do I have?”

“None if you want to stay in politics.”

The governor’s shoulders slumped as he turned and walked away from Jack. He was beaten and they both knew it. “All right, Jack, it’s a deal. But don’t fuck me.”

“Don’t worry, Bob. It’s not you I’m after.”