The Racketeer

CHAPTER 2

Frostburg is a few miles west of the town of Cumberland, Maryland, in the middle of a sliver of land that is dwarfed by Pennsylvania to the north and West Virginia to the west and south. Looking at a map, it is obvious this exiled part of the state was the result of a bad survey and shouldn’t belong to Maryland at all, though it’s not clear who should have ownership. I work in the library, and on the wall above my little desk is a large map of America. I spend too much time gazing at it, daydreaming, wondering how I came to be a federal prisoner in a remote part of far-western Maryland.

Sixty miles south of here is the town of Winchester, Virginia, population twenty-five thousand, the place of my birth, childhood, education, career, and, eventually, The Fall. I am told that little has changed there since I left. The law firm of Copeland amp; Reed is still doing business in the same storefront shop where I once worked. It’s on Braddock Street, in the Old Town, next door to a diner. The name, painted in black on the window, was once Copeland, Reed amp; Bannister, and it was the only all-black law firm within a hundred miles. I’m told that Mr. Copeland and Mr. Reed are doing well, certainly not prospering or getting rich, but generating enough business to pay their two secretaries and the rent. That’s about all we did when I was a partner there-just manage to scrape by. At the time of The Fall, I was having serious second thoughts about surviving in such a small town.

I am told that Mr. Copeland and Mr. Reed refuse to discuss me and my problems. They came within an inch of being indicted too, and their reputations were tarnished. The U.S. Attorney who nailed me was blasting buckshot at anyone remotely connected to his grand conspiracy, and he almost wiped out the entire firm. My crime was picking the wrong client. My two former partners have never committed a crime. On so many levels I regret what has happened, but the slander of their good names still keeps me awake. They are both in their late sixties, and in their younger days as lawyers they struggled not only with the challenge of keeping a small-town general practice afloat but also fought some of the last battles of the Jim Crow era. Judges sometimes ignored them in court and ruled against them for no sound legal reason. Other lawyers were often rude and unprofessional. The county bar association did not invite them to join. Clerks sometimes lost their filings. All-white juries did not believe them. Worst of all, clients did not hire them. Black clients. No white client would hire a black lawyer in the 1970s, in the South anyway, and this still hasn’t changed much. But Copeland amp; Reed nearly went under in its infancy because black folks thought the white lawyers were better. Hard work and a commitment to professionalism changed this, but slowly.

Winchester was not my first choice of places to have a career. I went to law school at George Mason, in the D.C. suburbs of Northern Virginia. The summer after my second year, I got lucky and landed a clerkship with a giant firm on Pennsylvania Avenue, near Capitol Hill. It was one of those firms with a thousand lawyers, offices around the world, former senators on the letterhead, blue-chip clients, and a frenetic pace that I thoroughly enjoyed. The highlight was playing gofer in the trial of a former congressman (our client) who was accused of conspiring with his felonious brother to take kickbacks from a defense contractor. The trial was a circus, and I was thrilled to be so close to the center ring.

Eleven years later, I walked into the same courtroom in the E. Barrett Prettyman U.S. Courthouse, in downtown Washington, and suffered through a trial of my own.

I was one of seventeen clerks that summer. The other sixteen, all from top-ten law schools, received job offers. Since I had put all my eggs in one basket, I spent my third year of law school scrambling around D.C., knocking on doors, finding none that were open. At any given moment, there must be several thousand unemployed lawyers pounding the pavement in D.C., and it’s easy to get lost in the desperation. I eventually fanned out through the suburbs where the firms are much smaller and the jobs even scarcer.

Finally, I went home in defeat. My dreams of big-league glory were smashed. Mr. Copeland and Mr. Reed did not have enough business and certainly could not afford a new associate, but they had pity on me and cleared out an old storage room upstairs. I worked as hard as possible, though it was often a challenge to put in long hours with so few clients. We got along smoothly, and after five years they generously added my name to the partnership. My income barely rose.

During my prosecution, it was painful watching their good names get dragged through the mud, and it was so senseless. When I was on the ropes, the lead FBI agent informed me that Mr. Copeland and Mr. Reed were going to be indicted if I didn’t plead guilty and cooperate with the U.S. Attorney. I thought it was a bluff, but I had no way of knowing for sure. I told him to go to hell.

Luckily, he was bluffing.

I’ve written them letters, long weepy letters of apology and all that, but they have not replied. I’ve asked them to come visit so we can talk face-to-face, but they have not responded. Though my hometown is just sixty miles away, I have only one regular visitor.

My father was one of the first black state troopers hired by the Commonwealth of Virginia. For thirty years, Henry patrolled the roads and highways around Winchester, and he loved every minute of his job. He loved the work itself, the sense of authority and history, the power to enforce the law, and the compassion to help those in need. He loved the uniform, the patrol car, everything but the pistol on his belt. He was forced to remove it a few times, but he never fired it. He expected white folks to be resentful and he expected black folks to want leniency, and he was determined to show complete fairness. He was a tough cop who saw no gray areas in the law. If an act wasn’t legal, then it was certainly illegal, with no wiggle room and no time for technicalities.

From the moment I was indicted, my father believed I was guilty, of something. Forget the presumption of innocence. Forget my rants about being innocent. As a proud career man, he was thoroughly brainwashed by a lifetime of chasing those who broke the law, and if the Feds, with their resources and great wisdom, deemed me worthy of a one-hundred-page indictment, then they were right and I was wrong. I’m sure he felt sympathy, and I’m sure he prayed I would somehow get out of my mess, but he had a difficult time conveying those feelings to me. He was humiliated, and he let me know it. How could his lawyer son get himself so entangled with such a slimy bunch of crooks?

I have asked myself the same question a thousand times. There is no good answer.

Henry Bannister barely finished high school and, after a few minor scrapes with the law, joined the Marine Corps at the age of nineteen. The Marines quickly turned him into a man, a soldier who craved the discipline and took great pride in the uniform. He did three tours in Vietnam, where he got shot and burned and briefly captured. His medals are on the wall of his study in the small home where I was raised. He lives there alone. My mother was killed by a drunk driver two years before I was indicted.

Henry travels to Frostburg once a month for a one-hour visit. He is retired with little to do, and he could visit once a week if he wanted. But he does not.

There are so many cruel twists in a long prison term. One is the feeling of being slowly forgotten by the world and by those you love and need. The mail, which arrived in bundles during the early months, gradually trickled down to one or two letters a week. Friends and family members who once seemed eager to visit have not been seen in years. My older brother, Marcus, drops in twice a year to kill an hour updating me on his latest problems. He has three teenagers, all at various stages of juvenile delinquency, plus a wife who’s crazy. I guess I have no problems after all. In spite of his chaotic life, I enjoy the visits. Marcus has been mimicking Richard Pryor his entire life, and every word he utters is funny. We usually laugh the entire hour as he rails against his children. My younger sister, Ruby, lives on the West Coast, and I see her once a year. She dutifully writes me a letter every week, and I treasure these. I have a distant cousin who served seven years for armed robbery-I was his lawyer-and he comes to see me twice a year because I visited him when he was in prison.

After three years here, I often go months without a visitor, except for my father. The Bureau of Prisons tries to place its inmates within five hundred miles of home. I’m lucky in that Winchester is so close, but it might as well be a thousand miles away. I have several childhood friends who’ve never made the drive and a few others whom I haven’t heard from in two years. Most of my former lawyer friends are too busy. My running buddy in law school writes once every other month but can’t quite squeeze in a visit. He lives in Washington, a hundred fifty miles to the east, where he claims to work seven days a week in a big law firm. My best pal from the Marine Corps lives in Pittsburgh, two hours away, and he’s been to Frostburg exactly once.

I suppose I should be thankful that my father makes the effort.

As always, he’s sitting alone in the small visiting room with a brown paper sack on the table in front of him. It’s either cookies or brownies from my Aunt Racine, his sister. We shake hands but do not embrace-Henry Bannister has never hugged another man in his life. He looks me over to make sure I have not gained weight and, as always, quizzes me about my daily routine. He has not gained a pound in forty years and can still fit into his Marine uniform. He’s convinced that eating less means living longer, and Henry’s afraid of dying young. His father and grandfather dropped dead in their late fifties. He walks five miles a day and thinks I should do the same. I have accepted the fact that he will never stop telling me how to live my life, incarcerated or not.

He taps the brown bag and says, “Racine sent these.”

“Please tell her I said thanks,” I say. If he’s so worried about my waistline, why does he bring me a bag of fatty desserts every time he visits? I’ll eat two or three and give the rest away.

“You talked to Marcus lately?” he asks.

“No, not in the past month. Why?”

“Big trouble. Delmon’s got a girl pregnant. He’s fifteen, she’s fourteen.” He shakes his head and frowns. Delmon was an outlaw by the age of ten, and the family has always expected him to pursue a life of crime.

“Your first great-grandchild,” I say, trying to be funny.

“Ain’t I proud? A fourteen-year-old white girl knocked up by a fifteen-year-old idiot who happens to be named Bannister.”

We both dwell on this for some time. Our visits are often defined not by what is said but by what is kept deep inside. My father is now sixty-nine, and instead of savoring his golden years, he spends most of his time licking his wounds and feeling sorry for himself. Not that I blame him. His dear wife of forty-two years was taken away in a split second. While he was lost in his grief, we found out the FBI had an interest in me, and its investigation soon snowballed. My trial lasted for three weeks and my father was in the courtroom every day. Watching me stand before a judge and get sentenced to ten years in prison was heartbreaking. Then Bo was taken away, from both of us. Now Marcus’s children are old enough to inflict serious pain on their parents and extended family.

Our family is due some good luck, but that doesn’t appear likely.

“I talked to Ruby last night,” he says. “She’s doing well, says hello, says your last letter was quite funny.”

“Please tell her the letters mean so much. She has not missed a week in five years.” Ruby is such a bright spot in our crumbling family. She’s a marriage counselor, and her husband is a pediatrician. They have three perfect kids who are kept away from their infamous Uncle Mal.

After a long pause, I say, “Thanks for the check, as always.”

He shrugs and says, “Happy to help.”

He sends $100 every month, and it is much appreciated. It goes into my account and allows me to buy such necessities as pens, writing tablets, paperbacks, and decent food. Most of those in my White Gang get checks from home and virtually no one in my Black Gang gets a penny. In prison, you always know who’s getting money.

“You’re almost halfway through,” he says.

“I’m two weeks shy of five years,” I say.

“I guess it flies by.”

“Maybe on the outside. I can assure you the clocks run much slower on this side of the wall.”

“Still, it’s hard to believe you’ve been in for five years.”

It is indeed. How do you survive for years in prison? You don’t think about years, or months, or weeks. You think about today-how to get through it, how to survive it. When you wake up tomorrow, another day is behind you. The days add up; the weeks run together; the months become years. You realize how tough you are, how you can function and survive because you have no choice.

“Any idea what you’ll do?” he asks. I get this same question every month now, as if my release were just around the corner. Patience, I remind myself. He’s my father. And he’s here! That counts for a lot.

“Not really. It’s too far away.”

“I’d start thinking about it if I were you,” he says, certain that he would know exactly what to do if he were in my shoes.

“I just finished the third level of Spanish,” I say with some pride. In my Brown Gang there is a good friend, Marco, who is an excellent language teacher. Drugs.

“Looks like we’ll all be speaking Spanish before long. They’re taking over.”

Henry has little patience with immigrants, anybody with an accent, people from New York and New Jersey, anyone on welfare, anyone unemployed, and he thinks the homeless should be rounded up and placed in camps that would resemble, in his view, something worse than Guantanamo.

We had harsh words a few years ago, and he threatened to stop the visits. Bickering is a waste of time. I’m not going to change him. He’s kind enough to drive over, the least I can do is behave. I am the convicted felon; he is not. He’s the winner; I’m the loser. This seems important to Henry, though I don’t know why. Maybe it’s because I had college and law school, something he never dreamed of.

“I’ll probably leave the country,” I say. “Go somewhere where I can use the Spanish, somewhere like Panama or Costa Rica. Warm weather, beaches, people with darker skin. They don’t care about criminal records or who’s been to prison.”

“The grass is always greener, huh?”

“Yes, Dad, when you’re in prison, every place has greener grass. What am I supposed to do? Go back home, maybe become an unlicensed paralegal doing research for some tiny firm that can’t afford me? Maybe become a bail bondsman? How about a private detective? There are not a lot of options.”

He’s nodding along. We’ve had this conversation at least a dozen times. “And you hate the government,” he says.

“Oh yes. I hate the federal government, the FBI, the U.S. Attorneys, the federal judges, the fools who run the prisons. There is so much of it I hate. I’m sitting here doing ten years for a noncrime because a hotshot U.S. Attorney needed to jack up his kill quota. And if the government can nail my ass for ten years with no evidence, just think of all the possibilities now that I have the words ‘Convicted Felon’ tattooed on my forehead. I’m outta here, Pop, just as soon as I can make the break.”

He’s nodding and smiling. Sure, Mal.