Theodore Boone: The Accomplice

Chapter 6

When Theo had heard enough, he decided to leave the family alone and run a quick mission. On his bike, he raced back to the courthouse and went to the Office of the Public Defender on the third floor.

The head PD was a lawyer named Don Montgomery, but everybody called him Monk. To the other lawyers, judges, policemen, and courthouse clerks he was simply Monk. Theo had seen him in the courtroom on several occasions and no one used his real name. It was “Yes, Monk” and “No, Monk” and “Your turn, Monk.” Of course when juries were present and things were more formal, he became Mr. Montgomery, but that was rare. On one occasion the Boone family had bumped into him and his wife in a restaurant, and both of Theo’s parents addressed him as Monk.

He had a difficult job, one that few lawyers envied. His office represented men and women charged with serious crimes but not enough money to hire lawyers. And since the Supreme Court had ruled that every defendant is entitled to a lawyer, Stratten County had created, long before Theo was born, the Office of the Public Defender.

Monk’s operation was always swamped with too many clients and not enough staff to serve them. Every year Monk asked the county for more money, and it seemed, at least to Theo, that he was never satisfied with the support he received. According to Woods Boone, Theo’s father, most PD offices in the country were run on thin budgets. Politicians gave them a low priority because they didn’t like to spend money on criminal defendants.

Theo hesitated before going inside. He paused and sent a text to Mr. Mount. Found Woody. He’s still in jail. Charges seem silly but still serious. Be back soon.

A secretary sat behind an old desk that was covered with stacks of files. Metal cabinets lined the walls. She was typing and paused long enough to frown at him, and without a smile she said, “Yes?”

“Hello, I’m Theodore Boone and I’m looking for Mr. Montgomery.”

“Why aren’t you in school?”

“I’m excused for a few hours. You see, my friend got arrested last night and his case will be assigned to this office. It’s a Youth Court matter and I would like to see Mr. Montgomery.”

“He’s in a big trial in the main courtroom, Judge Gantry. Youth Court matters are handled by Rodney Wall.”

Theo did not know that lawyer. “Okay, could I please see Mr. Wall?”

“He hasn’t come in yet.”

“When might he come in?”

“I don’t know. I’m not in charge of his schedule. Look, son, I’m very busy. You can check back later.” She returned to her keyboard and resumed typing. Theo backed away and left the office. He walked down to the second floor and went to the office of Judge Henry Gantry, the senior Circuit Court judge and a pal of Theo’s.

When he was dreaming, which seemed like several hours each day, Theo wanted to be a respected courtroom judge like Henry Gantry, a man of great fairness and wisdom.

Judge Gantry’s secretary was Mrs. Hardy, a sweet lady who was always happy to see him, unlike that woman upstairs in Monk’s office.

“Well, hello, Theo,” Mrs. Hardy said as he interrupted her work. “To what do we owe this honor?”

“I need to see the judge.”

“Of course. And shouldn’t you be in school?”

“Everyone seems to think so. I’m excused by the principal. You see, one of my friends got arrested last night and I’m trying to help him.”

“How old is he?”

“Only thirteen. I know, it’s a Youth Court matter, but I still need to see the judge.”

“Well, he’s tied up right now. We’re in the middle of a big trial and he’s meeting with the lawyers.”

“What kind of trial?”

Mrs. Hardy glanced around as if someone else might be listening, as if the trial were a big secret. “It’s a drug case. Some men from out in the county were caught manufacturing drugs.”

“Is Mr. Monk defending the guys?”

“How’d you know?”

“I just left his office. I don’t suppose I could watch the trial, could I? I’m excused from school until noon.”

“That’s up to you, Theo. The courtroom is open to the public, but if Judge Gantry sees you he might not like it.”

“Good point. Thanks, Mrs. Hardy.” Theo walked to the door but stopped when he thought of something else. “Say, Mrs. Hardy, when does Judge Gantry set bail for new defendants, for guys who’ve just been arrested?”

“Usually, it’s the first thing he does in the morning. Doesn’t take long.”

“A guy got arrested last night for armed robbery, name’s Garth Tucker, eighteen years old. Have you seen his paperwork?”

Without looking for a file, she said, “Sure. Judge Gantry set his bail at fifty thousand dollars.”

“Fifty thousand dollars?”

“Yes. It’s a serious crime.”

“Of course it is, but bail wouldn’t be that high for a juvenile, would it?”

“Oh, I don’t know, Theo. Bail is usually lower for juveniles, but that’s another court.”

“Yes, ma’am. Thanks. See you later.”

“Get to school.”

Mr. Tucker had arrived at the jail at eight a.m., after a sleepless night, and his lawyer was not far behind. When the jailer received the confirmation that bail had been set, a bail bondsman was quickly called and hustled over from his shabby office across the street. The arrangement was typical. For a 10 percent fee, the bondsman produced a written guarantee that Garth would remain in the county and show up for court when required. Mr. Tucker wrote a check for $5,000 and left the jail with his son. They went to the city pound, paid another fee of $250, and Garth drove his Mustang home. An hour later, after a shower and change of clothes, he was at school bragging about his big adventure.

By then, Woody and Tony were back in their cell playing checkers, the only game available, and killing time. Daisy was at work, cutting hair in a salon. Theo was watching the clock and trying to keep out of sight. If one more adult mentioned school he might explode.

At 11:30, he swallowed hard and reentered the PD’s office, certain that the grouchy secretary would yell at him. She did not. She quietly informed him that attorney Rodney Wall had called and was investigating a case over in Masseyville, a small town half an hour away. He wasn’t sure when he would make it to the courthouse, if at all.

The office had only three lawyers. Monk, Rodney Wall, and a guy named Udall, who was assisting Monk in the drug trial. So there were no lawyers left behind in the office, and no one for Theo to plead with. Defeated, he said thanks to the secretary and rode back to school.

During lunch, he met with Mr. Mount and Mrs. Gladwell and explained the situation. The charges against Woody and Tony would probably be reduced or dismissed, at least the armed robbery, but they would stay in jail until their lawyer could convince Judge Pendergrast to set a reasonable bail.

“It’s pretty outrageous,” Theo said.

“But it’s not that unusual,” Mr. Mount said. “Our juvenile system is overloaded and there are never enough lawyers and counselors. It’s not unusual for kids to get chewed up by the system. Woody will be lucky if he doesn’t spend time in a detention center, which are not good places.”

“But he didn’t do anything,” Theo said.

“He’s an accomplice to a crime,” Mr. Mount said. He had once been a lawyer and gave up that profession to teach.

“Can you explain that?” Mrs. Gladwell asked.

“It’s the law everywhere,” Mr. Mount said. “Pretty basic stuff, really. Three guys are together. One has a gun. He goes in, pulls the gun, grabs the loot or whatever, and all three make their getaway. The two who waited in the car will always be charged with being accomplices to the robbery and will face the same punishment.”

“That’s not right,” Theo said.

“Well, not in this case. But Woody is in serious trouble. I doubt if he’ll get off free on this one. It’s pretty heavy stuff, Theo.”

“With a water pistol?”

“I’m assuming the guy who got robbed didn’t know it was just a water pistol. I’ll bet his story is that he thought it was a real gun. That’s all that matters. What a stupid move.”

“Do you know this guy, Garth Tucker?” Mrs. Gladwell asked Theo.

“I don’t know him but I’ve heard of him. He’s one of Tony’s friends, though Tony claims they didn’t hang out that much. Woody told me and his mother that he has never liked Garth, said he always thought the guy was trouble. Woody thinks Garth was probably drunker than they realized.”

“He must not be very smart,” Mr. Mount said.

“And Woody was drinking, too?” Mrs. Gladwell asked.

“He had a couple of beers.”

“Does he do this a lot?”

Theo didn’t know how much beer Woody was drinking, and that didn’t matter at the moment. He wasn’t about to squeal on his buddy. “I don’t think so,” he said. “I’ve never seen him do it. But he and Tony are alone a good bit. Their stepfather works out of town and their mother has two or three jobs. Things are not going too well around their house.”

“That poor kid,” she said. “Sitting in jail with no one to help him.”