Waist Deep

62

Joel Harrity was older than his picture.I’d seen it in the newspaper and on a couple of billboards. The shot they usually used had to be at least ten years old.His jet black hair had strands of gray throughout and his sharply etched face was a little softer.But his eyes were just as shrewd and his voice was melodious and comforting.I imagined him using it to woo a jury and could see why he was so successful.

We’d spoken for almost an hour.At first, he asked a lot of questions and wrote down everything.As the hour progressed, he stopped writing except for the occasional note and hardly interrupted at all.When I was finished, he sighed.

“We’re in a tough spot,” he said.

He was looking at me as if waiting for a response, so I said, “No shit, counselor.”

Harrity didn’t smile.“I just want you to be clear.By your admission, you’ve committed three burglaries, all of them first degree because of the assaults and, of course, the firearm-“

“Wait a minute.Three?”

He counted off on his fingers.“Gary LeMond’s fenced back yard, RogerJackson’s house and the apartment Kris Sinderling was living in.”

“That last one is pretty weak.”

“True, and from the sounds of it, she won’t be choosing to press any charges.Still, I’m only going over the facts.You did those crimes.You also failed to report LeMond’s affair with the girl, Yvette.That doesn’t make us any friends.”

“If I hadn’t promised not to dime him out,” I explained, “he’d never have told me about Kris.”

Harrity nodded.“Which he, in fact, did not do.He lied.I would say that was a breach of oral contract on his part.”

I smiled at his choice of words, imagining Rolo and Harrity sitting down and talking about the legalities of contract breaches.

Harrity seemed to notice my smile, but decided to ignore it. He continued without missing a beat. “The police raided Jackson’s house and found his film-making setup, as well as his website server.According to what little they are telling me, Jackson looked like he’d been in a fight.When they swept through the house, he was in the basement, deleting files off of his computer.I spoke to his lawyer-“

“He lawyered up?”

Harrity nodded.“Immediately.Which is what you should’ve done, by the way.His lawyer is a guy I went through law school with at Gonzaga.He told me that his client is not intending to submit to any interviews or make any statements.He won’t mention your name.He doesn’t care about the burglary or the assault.Unless, of course, the police come to him with a signed statement from you giving up him and LeMond.”

I thought about that.“He was deleting files when the cops took the door?”

“Yes.”

That meant he got free of my duct taping.“What’d he say to the S.W.A.T. boys about the duct tape on the dining room chair?”

“I don’t know for sure.I think it was something along the lines that they could go screw themselves.”Harrity’s expression was flat.

I thought some more.“So I can completely ignore the B amp; E at Jackson’s house and he won’t press charges?”

“I believe so,” Harrity said with a nod.“Of course, the State can always decide to pursue the case, anyway, as with all felonies, but — “

“No victim, no crime,” I said, a familiar old mantra that had closed out more than one call for service in my other life.

“Right.And I doubt they could get enough probable cause for a charge without his testimony or a confession from you.”He paused a beat, then added, “Which I strongly discourage, by the way.”

No kidding, I thought.Then I asked, “Why would Jackson do that, though?I mean, he can’t entirely save himself by giving me up but he could probably help himself out.And if he gave up LeMond, too…”

Harrity shrugged.“Not my concern.The fact is that his attorney is good to his word, and if I am to represent you, we will be as well.It is a wash between you and RogerJackson.”

“How much time will he get if he’s convicted?”

“I have no idea.”

“Come on,” I said.“How much?Ballpark.”

Harrity leaned back and looked at the ceiling.“Well, if Kris Sinderling doesn’t testify and if none of the other girls are underage or if they refuse to testify, his attorney could probably make a successful argument as to lack of knowledge and lack of intent.”

“So he’ll say that he didn’t know they were underage?”

“Pretty much.And if it looks like it’s going to go that way, the DA may deal the case.If it pleabargains out, and Jackson is a first-time offender…say seven years or so.”

“Of which he serves three and a half?”

“Maybe.The judge might suspend all but a year and throw him in County for a year.He’ll get a third of that off for good time.”

“Nine months.”

“Best case scenario, yeah.If it pleabargains out.”

“And if it goes to trial?”

Harrity shook his head.“That’s always a crapshoot.”

I nodded my head and took a deep breath.I understood Jackson’s reasoning now.He had something more than a hundred thousand dollars sitting in an offshore account waiting for him when he got out.If he had been smart with setting up the account, the cops would never find it.He’d plead the case, do his little stint in jail and then blow town.

“What about LeMond?” Harrity asked me.

“What about him?”

“Do you still feel bound by any promise to him?”

“I promised Kris,” I said.“That’s the only promise that counts.”

“Well,” Harrity said, “that little girl asked for her dad and a lawyer the minute they got her to the station.She is refusing to say a word about anything to the police.”

“So LeMond gets a walk,” I said.

Harrity shrugged.“From what you told me, he’ll leave town.Even if he doesn’t, his business dealings with RogerJackson are through.And his dealings with students will come to light sooner or later.Things like that always do.”

I thought about what he said.He was probably right.Yvette or some girl just like her would tell the right person at some point. Then it would all come out and LeMond’s goose would be cooked.Or the cops might find something at Jackson’s to link them together.All of that was beyond my control.I promised Kris I wouldn’t say anything about LeMond.That was it.

“Will they charge me, do you think?” I asked Harrity.“After Sinderling tells them he hired me and Jackson tells them to pound sand?”

“I don’t know,” Harrity said.“You did have what is technically child pornography in your pocket when they arrested you.”

“You can’t be serious.Those pictures were tame.”That was true.None of the photos actually showed any nudity.Even so, I felt dirty and ashamed as I made the excuse.

Harrity shrugged. “I should be able to convince them to drop that charge.It’d be weak at best, anyway, and even though you’re not a licensed private investigator, you took them as part of your investigation.But there’s the gun charge to worry about, too.”

I’d forgotten about that.“Misdemeanor?”

“You’re not a convicted felon are you?”

“No.”

“Any domestic violence convictions?”

“No convictions ever.”

“Then yes, it’s a misdemeanor.”

“We won’t beat the rap on that charge,” I observed, tapping my fingers.

Harrity shook his head.“Not a chance.They had a valid search warrant and you were in front of the house.I might have had a decent argument that you were unconnected to the residence, if it weren’t for the fingerprints you left all over inside of the place.”

“So we plead that one?”

“That would be my advice, yes.”

“What’s the sentencing guideline for that charge?”

“You could get up to a year, but the standard range is thirty to ninety days. Most of that can be suspended, though.”

“What’s your best guess?”

“Less than thirty days.”

“How sure are you of all this?” I asked him.

“I am certain of none of it,” Harrity answered.“But I’m pretty confident about all of it.”

I took a deep breath and let it out.“A month in County Jail, huh?”

Harrity nodded.“And count yourself lucky.”

I didn’t feel so lucky, but I told him thanks anyway.