They spoke for twenty minutes, just long enough for Jaywalker to seriously doubt that the case was a plea to manslaughter or anything else, not with the way Jeremy was already talking about self-defense. So instead of being an appearance or two, it was just as likely to be a protracted negotiation or even a trial, which meant a years worth of appearances and a ton of work.
And yet.
What was the and yet part?
Jaywalker would ask himself that very question a hundred times over the weeks and months to come. And each time he asked it, the best answer he could come up with was that the kid was so damn likeable, with his soft voice and guileless expression, and the way he looked directly at you with those big pale blue eyes of his. What was Jaywalker supposed to have told the judge? Sorry, I wont do it? Go get some other sucker?
No, McGillicuddy had known exactly what he was doing when hed singled out Jaywalker from among the dozen lawyers sitting in the front row of his courtroom. Hed known full well that there was one among them who, no matter how easily he might mouth off to a judge in open court, simply didnt have it in his power to say no to a kid in deep trouble.
Talk about bullshit.
So, the judge asked when the case was recalled. Will you be representing Mr. Estrada?
Jaywalker was standing at the defense table with Jeremy this time. Apparently McGillicuddy didnt intend to offer him the luxury of an off-the-record bench conference, where he might attempt to refuse in relative privacy. But the judge neednt have worried.
Yes, sir.
Now, would you like to approach with Ms. Darcy, to discuss a possible disposition of the charges?
Nothing personal, but no, sir.
Very well. Fill out a notice of appearance. The case is assigned to Judge Wexler in Part 55. Three weeks for defense motions. Same bail conditions. Next case.
Back in the pen adjoining the courtroom-Jaywalker never left a courtroom without first explaining to his client what had just happened and what was likely to happen between now and the next court appearance-he told Jeremy that later in the week hed have him brought over for a real visit. The young man smiled at the thought. No doubt he and Mr. Fudderman hadnt spent too much time together.
Can you do me a favor? Jeremy asked.
Ill try.
My moms in the courtroom. Could you tell her Im okay?
Sure.
And And here Jeremy hesitated, as though embarrassed to ask.
Yes?
Could you ask her to bring me some socks? It gets cold at night.
Yes, I can do that.
They both stood, though theyd shortly be heading in very different directions. Jaywalker would be going back into the courtroom and then, once Johnny Cantalupos sentencing was done, out into the fresh air of Centre Street. Okay, relatively fresh air. Jeremy would be moved to another pen, there to wait for the one oclock bus back to Rikers Island.
Jaywalker extended a hand, and they shook. In the age of AIDS, hepatitis C and drug-resistant TB, his fellow defense lawyers had long abandoned the practice. For Jaywalker, that was just one more reason to adhere to it.
Thank you for taking my case, Mr. Jaywalker, said Jeremy, reading the name with some difficulty from the business card Jaywalker had handed him earlier, the one with the home phone number on it. Another thing that distinguished Jaywalker from his colleagues.
Call me Jay.
Jeremy smiled. Jay Jaywalker?
Just Jay. It didnt seem necessary to explain that once upon a time hed been Harrison J. Walker, and that hed dropped the Harrison part as too pretentious and rejected Harry as too Lower East Side.
Thank you, Mr. Jay.
Back in the courtroom, Jaywalker found Jeremys mother and ushered her out to the hallway. She was a short, stout woman who answered to the name Carmen. He relayed her sons message about being okay. He didnt mention the socks.
How does it look for him? she asked in a gravelly voice, thick with an accent.
Its too early to tell, said Jaywalker.
Jew gotta do your best for him, Mr. Joewalker. Jew gotta promise. It would be her first of many attempts to get his name right. As for her mispronunciation of the word you, hed get over that, too, but it would take some doing.
Jaywalker promised. Hed won cases and lost cases, but no one-no one-had ever accused him of not doing his best.
She reached into her pocket and withdrew a handful of crumpled bills. I brought this for Mr. Fudderman, she explained. Am I supposed to give it to jew instead?
Thats up to you, said Jaywalker. He would have loved to say no, that wasnt necessary. But he was a month and half behind with his rent, so he allowed her to hand him the money, and thanked her. He waited until after theyd spoken and shed walked away before bothering to line up the bills and count them.
They added up to fifty-eight dollars, a pretty modest retainer even by Jaywalkers standards. Not even his rent was that low.
Johnny Cantalupo finally got his probation about 12:30 p.m., but Jaywalker still didnt leave the building. Instead he took the elevator down to the seventh floor and the district attorneys office, for a meeting with Katherine Darcy, the assistant whod stepped up to the bench earlier that morning. It turned out it was her case, meaning she would stay with it, even try it, if it came to that.
Now, sitting across her desk, he decided she was older than hed thought-maybe forty, he guessed-but every bit as pretty, if only shed lighten up a bit. She could start, he almost suggested, by taking off the glasses; they made her look like a librarian, or a detention hall monitor. But he fought off the impulse to share his insights with her, pretty sure that voicing them could only get him into trouble and hurt his client at the same time.
So, he asked her, what do we have here?
What we have here is a couple of young macho studs and their girlfriends, she said. She said it easily, without having to look at the file. It was clear that she knew her case. One of them says, You lookin at me? and the other says, Yeah, Im lookin at you. To tell you the truth, I dont know who started it. But it doesnt matter. A challenge is thrown down and accepted. They walk a few blocks, square off and duke it out.
Duke it out? Maybe she was older than she looked.
Its a fair fight, she continued, with fists. By all accounts, your guy wins it. Then, not satisfied, he pulls out a gun and shoots the victim, a twenty-year-old kid named Victor Quinones.
Just like that?
Just like that.
Witnesses? Jaywalker asked her.
Witnesses. Three of them, maybe four. The first wound isnt bad, a freaky in-and-out shot that grazes Victors abdomen. He runs. Your guy catches up to him and, as Victors lying on the pavement begging for mercy, grabs him by the hair and shoots him between the eyes at point-blank range. The next day, he takes off for Puerto Rico. Stays there six, seven months. Comes back, turns himself in. Must have gotten rid of the gun by then, and figured the witnesses would be long gone. Only theyre not. Theyre all around and available. So, to answer your question as plainly and as simply as I possibly can, what we have here is an execution.
3
So I suppose, then, Jaywalker said to Katherine Darcy, that a plea to disorderly conduct is pretty much out of the question.
Im glad you find the case so amusing, she said. But on the middle syllable of amusing, her voice broke just the tiniest bit. Jaywalker caught it, and raised both eyebrows-hed tried to master raising just one at a time, but had given up some time ago-to let her know he hadnt missed it. But she refused to acknowledge his look, choosing instead to pretend that nothing had happened. And maybe nothing had. Maybe the poor woman had a speech defect, for all Jaywalker knew, or polyps in her throat, or a cold. He let it go.
I try to find something amusing in all of my cases, he told her. If I didnt, Id have blown my brains out a long time ago.
She said nothing.
So tell me, Jaywalker asked her. What would you need on a Man One? Unlike murder, on a plea to first-degree manslaughter a judge would have a broad sentencing range, from as much as twenty-five years all the way down to as little as five.
But Katherine Darcy wasnt biting. Let me make myself clear, she said. Theres not going to be an offer in this case, not to Man One or anything else. Ive run it by my bureau chief and presented it at a weekly meeting. Nobody gets too excited about the first shot. Heat of the moment, no serious injury, not such a big deal. But as soon as they hear about the last shot, the coup de grace, everyone agrees thats a deal-breaker. Or, like I said a little while ago, an execution. So its a murder case, and its going to stay a murder case. If some judge wants to give your guy the minimum on a plea to the charge, so be it. I have no control over that.
Not that she needed any control over that. The minimum sentence on murder was fifteen to life. Sounds like you want to try the case, said Jaywalker.
She shrugged her shoulders. If I dont try this one, Ill try another one. It honestly makes no difference to me.
Jaywalker stood up. It seemed as good a time as any to leave, before he started getting really pissed off at her. In his book, it was okay for a prosecutor to be tough, as long as he or she was reasonable about it and willing to be flexible when the situation called for it. It was quite another thing to treat all cases as fungible commodities, and to act as though defendants were readily interchangeable. They werent interchangeable, at least not to Jaywalkers way of thinking. Each one was a human being, however imperfect and flawed. Each one was different, and the facts and circumstances of each case were different. It might not always seem that way from a distance, but if you got close enough, you could see it was true.
How many murders have you tried? he asked her, trying to make the question sound innocent and born out of nothing but idle curiosity. Small talk.
She hesitated for a moment, and he thought she might be counting in her head. But it turned out she wasnt. This will actually be my first, she said. But Ive been in the appeals bureau for eight and a half years, and I bet Ive briefed and argued at least fifteen or twenty.
Its not quite the same, he suggested.
Im sure its not, she said with what he took for a condescending smile. But Ill manage. And in the process, itll be a great honor to learn from the very best. Ive heard a lot about you, Mr. Jaywalker, and-