The Fugitive Read online

  when you’re accused of a crime you have the right to face your accusers, to cross-examine those who testify against you. Pete Duffy didn’t have that chance because his lawyers were not in the room when Bobby gave his statement. If I allowed his statement into evidence now, that too would be grounds for a reversal on appeal.”

  “I guess it takes guts to be fair, doesn’t it?”

  “Yes, you could say that.” Judge Gantry looked at his watch, frowned, tapped his fingers on his desk as if he were in no hurry, and said, “Well, Theo, I guess it’s time. You want to stay here or go back to class?”

  “I’ll stay.”

  “Figures.” He pointed to the same chair in the same corner and Theo reassumed his position. Judge Gantry punched a button on his phone and said, “Mrs. Hardy, send in the lawyers.” The door flew open and the room was soon crowded as they all gathered around the table. When the court reporter was ready, Judge Gantry said, “It is now two p.m. and the search for Bobby Escobar has been called off. The court has before it a defense motion for a mistrial. Anything further, Mr. Hogan?”

  Jack Hogan reluctantly said, “No, Your Honor.”

  “Mr. Nance?”

  “No, sir.”

  “All right.” Judge Gantry took a deep breath and said, “I’m afraid I have no choice in this matter. It would be unfair to the defendant to proceed without the testimony of one Bobby Escobar.”

  From his pocket, Theo’s phone vibrated. He grabbed it, looked at it, and almost fainted. It was Bobby. He blurted, “Hang on, Judge!”

  Chapter 23

  Pursuant to Bobby’s request, Judge Gantry, Theo, and the translator drove five minutes to Truman Park and waited by the carousel. When they were in place, he stepped from behind a row of giant boxwoods and walked to meet them. His boots had mud caked on them. His jeans were dirty. His eyes were red and he looked tired. In Spanish he said, “I’m sorry about this, but I’m frightened and not sure what to do.”

  The translator, a young lady named Maria, passed it along in English.

  Judge Gantry said, “Bobby, nothing has changed since the last time we talked several months ago. You are an important witness and we need you to tell the court what you saw.”

  Maria raised a hand—“Not so fast. Short sentences please.” She handled the Spanish, and Judge Gantry continued: “You will not be arrested or harmed in any way, I promise. Just the opposite. I’ll make sure you are protected.”

  English to Spanish, and Bobby managed a quick smile.

  • • •

  News that the witness had been found roared through the courthouse and the downtown law offices. At three p.m., an even larger crowd gathered. Theo and Ike had prime seats two rows behind the prosecution, where they were joined by Woods Boone, who had somehow managed to pull himself away from the urgent business on his desk. As Theo looked around, he noticed a lot of the town’s lawyers jockeying for seats.

  Pete Duffy was brought in and sat at his table. He looked pale and confused. He chatted with Clifford Nance, who was obviously upset and animated. Gone was the smug confidence Theo had seen only an hour before.

  The bailiff called the court to order and it took a few seconds for the mob to settle in. All seats were taken and people lined the walls around the courtroom. Judge Gantry assumed the bench and instructed a bailiff to bring in the jurors. When they were seated, he looked at them and began an explanation: “Ladies and gentlemen of the jury, I apologize for the delay. I know it’s frustrating to sit around for hours waiting for the lawyers and me to resolve matters, but that’s what usually happens in a trial. At any rate, we are now ready to proceed. The State will call one more witness, a Mr. Bobby Escobar, who does not speak English. Therefore, we will be using a court certified translator. Her name is Maria Oliva—I’ve used her before and she is very good—and she will be sworn to tell the truth, just like the witness. It’s sort of an awkward way to receive testimony, but we have no choice. I read an article one time about a federal court in New York where they have certified translators for over thirty languages. I guess we’re lucky here; we just deal with two. At any rate, the testimony will be a bit slower, and we’re not going to rush. I ask you to pay close attention and be patient. Are the lawyers ready to proceed?”

  Both Jack Hogan and Clifford Nance nodded.

  Maria Oliva stood and walked to the witness stand. A bailiff produced a Bible and she placed her left hand on it. The bailiff said, “Do you solemnly swear that you will translate the testimony truthfully and accurately and to the best of your ability?”

  She said, “I do.”

  Judge Gantry said, “Mr. Hogan, you may call your next witness.”

  Hogan rose and said, “The State calls Bobby Escobar.”

  A side door opened, and Bobby emerged, following a bailiff. He ignored the crowd, the lawyers, and the defendant, and walked with some measure of confidence to the witness stand. He had been there before. A week earlier, before the trial started, Jack Hogan had brought Bobby to the empty courtroom and put him through a lengthy, grueling dress rehearsal. Hogan had fired questions at Bobby. Maria had interpreted. An assistant prosecutor had played the role of Clifford Nance, and even managed to yell at Bobby. He called him a liar! At first, Bobby had been rattled and uncertain. But as the day wore on, he began to understand the nature of testifying, and especially that of a brutal cross-examination.

  When that session was over, Jack Hogan had confidence in his witness. Bobby, though, wasn’t so sure.

  He swore to tell the truth and took his seat. Maria was in a folding chair next to him, also with a microphone in her face. The courtroom was silent and still. The jurors were gawking, waiting.

  Theo had never seen nor felt such tension. It was awesome!

  Hogan began with slow, easy questions. Bobby was nineteen years old and he lived with his aunt and her family. He was from El Salvador and had been in the United States for less than a year. He had crossed the border illegally to find work. Back home he had family—parents and three younger brothers—and they were poor and hungry. Bobby did not want to leave home, but felt he had no choice. Once in Strattenburg, he found a job at the Waverly Creek golf course, mowing grass and doing general maintenance. He was earning seven dollars an hour. He was trying to learn English but it seemed overwhelming. He had dropped out of school when he was fourteen years old.

  Moving on to the day in question: It was a Thursday, a cloudy, windy day and the golf course wasn’t that busy. At eleven thirty, Bobby and his coworkers began their thirty-minute lunch break at the maintenance shed hidden on the Creek Course. As he often did, Bobby eased away from the others and went to his favorite spot beneath some trees. He preferred to eat alone because it gave him time to think about his family and say his prayers.

  Jack Hogan nodded to an assistant, and a large aerial photo of the Creek Course’s sixth fairway appeared on the screen. Bobby took a red laser pointer and showed the jury exactly where he had been eating lunch.

  His testimony continued: About halfway through his lunch break, he saw a golf cart speed along the asphalt path that hugs the fairway, then cut across it to a home that had already been identified as the Duffy residence. A man wearing a black sweater, tan slacks, and a maroon golf cap parked the cart next to the patio, got out, and reached into a golf bag. He removed a white glove and quickly put it on his right hand. There was already one on his left. He walked across the patio, stopped at the door, and took off his shoes. In Bobby’s opinion, the man was in a hurry. Sitting under the trees, between sixty and one hundred yards away, Bobby had a clear view of the man and the back of the Duffy home. At the time, Bobby thought nothing of it, though he was curious as to why the man put on the additional glove and why he left his shoes on the patio. Many of the people who lived at Waverly Creek played golf and stopped by their homes for whatever reason. A few minutes passed as Bobby continued with his lunch. He owned neither a watch nor a cell phone and did not know the exact time. No other golfer was on the s
ixth fairway of the Creek Course at that time. The man emerged from the house, quickly put on his shoes, took off both gloves and put them in his golf bag. He glanced around, evidently saw no one, then sped away in the direction from which he came. A few minutes later, Bobby returned to the maintenance shed. Lunch break was over. The foreman, Bobby’s boss, ran a tight ship and made them resume their work at precisely noon. An hour or so later, Bobby and a coworker were working on a sprinkler head near the thirteenth green, and he saw the same man as he arrived at the fourteenth tee box on the South Nine. The man looked around, saw no one, reached into his golf bag, removed something white, and placed it in the trash can. At the time, the man was wearing a white golf glove on his left hand, same as all right-handed golfers. Bobby couldn’t tell what the man put in the trash, but a few minutes later he rummaged through it and found two gloves—one for the right hand, one for the left. He explained that the boys who work on the course empty the trash twice a day, and that they routinely go through it, retrieving old golf balls, tees, used gloves, all types of junk. Bobby kept the gloves for a few days. When he realized the man was a suspect in his wife’s murder, Bobby gave the gloves to a friend who gave them to the police.

  Jack Hogan walked to a small table next to the court reporter and picked up a plastic bag. He handed it to Bobby and invited him to open it and touch the gloves. Bobby did so, taking his time. When he was convinced, he looked up and nodded. “Yes, these are the gloves I found, the gloves left behind by the man in the black sweater, tan slacks, and maroon golf cap.” He set the gloves aside.

  His testimony continued: Not long after he found the gloves, word spread through Waverly Creek that the police were swarming around a house on the sixth fairway of the Creek Course. A lady had been found dead! Curious, Bobby returned to the maintenance shed, then eased through the woods. When the rear of the Duffy house came into view, he saw the same man sitting in his golf cart, surrounded by policemen. The man was obviously upset. The police were trying to calm him.

  Jack Hogan asked the witness if he’d ever met Pete Duffy. No. He and the workers were told to be polite to the golfers but never speak to them. Another image was flashed onto the large screen, one of Pete Duffy sitting in the golf cart, surrounded by policemen. He was wearing a black sweater, tan slacks, and a maroon golf cap.

  Bobby had no trouble identifying him as the man who entered the house at approximately eleven forty-five, or halfway through lunch, and later tossed away the two golf gloves.

  With great drama, Jack Hogan, said, “Your Honor, please let the record reflect that the witness has identified the defendant, Mr. Pete Duffy.”

  “It so reflects,” Judge Gantry said as he glanced at his watch. Everyone had forgotten about the time; it was five ten. “Let’s take a fifteen-minute recess,” he said. Bobby had been on the stand for two hours and needed a break. His testimony was captivating, mainly because it was so believable, but the back and forth between the languages was exhausting for everyone.

  “Looks like Henry plans to work late today,” Ike said.

  “I thought he always adjourned at five,” Woods said, but then Woods never spent time in the courtroom.

  “Depends,” Theo said, like a veteran lawyer.

  Pete Duffy stood to stretch his legs. He looked frail and thin and his shoulders sagged. All of his lawyers were frowning. Clifford Nance huddled with Omar Cheepe and Paco, who were seated in the first row behind the defense. Few people left the courtroom; no one wanted to lose their seat.

  At five thirty, Judge Gantry returned to the bench, but only for a moment. He explained that one of the jurors was not feeling well, and, since it was late in the day anyway, court was adjourned until nine the following morning. He tapped his gavel and disappeared. Bobby was escorted from the courtroom by two deputies.

  Theo assumed he would be taken to a safe place and watched closely throughout the night.

  As the crowd slowly filed out of the courtroom, Mr. Boone said, “Hey, Ike, we’re having Chinese take-out tonight. Why don’t you stop by the house for dinner, and we’ll talk about the trial.”

  Ike was already shaking his head. “Thanks, but I—”

  “Come on, Ike,” Theo pleaded. “I have a lot of questions for you.”

  Ike seldom said no to his favorite nephew.

  Chapter 24

  The kitchen table was covered with paper plates, napkins, and cartons of chicken chow mein, sweet-and-sour shrimp, fried rice, wonton soup, and egg rolls, all from Theo’s favorite restaurant, the Dragon Lady. Ike used a fork and Theo wanted to, but his mother insisted he eat the food properly, with chopsticks. Judge, however, ate like a dog as he devoured two egg rolls.

  Ike was saying, “Based on what I’ve heard, the medical examiner found nothing on the body of Myra Duffy that came from the leather golf gloves. No fragment, no thread, nothing. The theory is that Pete carefully wiped everything off with a towel or something before he left the scene. The left glove, the one he normally wore when playing, was older and well used, and they were able to isolate DNA from some sweat inside the glove. There was nothing from the right glove, probably because it was brand new. He put it on just to strangle her, then took it off.”

  Mrs. Boone asked, “Does the DNA match Pete Duffy’s?”

  “Of course it does, but why bother? With Bobby’s testimony, you have an eyewitness who explained it all to the jury.”

  “So the medical examiner will not testify again?” Mr. Boone asked.

  “Don’t know. He was in the courtroom today, and Hogan might put him on the stand tomorrow. I certainly would, just to be safe. His testimony would add some weight to Bobby’s.”

  “How did Bobby do on the stand?” Mrs. Boone asked.

  “Pretty amazing,” Ike said.

  “Very believable,” Mr. Boone said.

  “Theo?” she asked.

  It wasn’t every day that Theo was asked to express his legal opinions to a group of adults, all of whom knew a ton about the law, so he swallowed hard and collected his words. “It seemed to take a few minutes for the jury to get used to the translation, and for me, too. Spanish comes across awfully fast, but then I guess every other language does when you don’t speak it.”

  “I thought your Spanish was pretty good,” Ike interrupted.

  “Not that good. I didn’t understand very much. But after a few questions, I got the hang of it. Maria, the translator, was very good. It was obvious that Mr. Hogan had practiced with her and Bobby. His questions were brief and to the point, and Bobby’s answers were also short, but truthful. I kept asking myself, ‘What does he gain by lying? Why wouldn’t the jury believe every word?’ And I think they did.”

  “Oh, they did,” Mr. Boone said. “I watched their faces. They missed nothing and they believed it all. Pete Duffy is about to be convicted.”

  “What happens tomorrow?” Theo asked.

  “It’ll be ugly,” Ike said. “Clifford Nance will attack Bobby, just like he did in his opening statement. He’ll squawk about the illegal immigrant issue, and he’ll accuse Bobby of cutting a deal with the State: his testimony against Duffy in return for a promise not to deport. I’m afraid Bobby’s in for a rough day.”

  Theo swallowed hard again and said, “I think I should be there.”

  Both parents almost choked as each tried to speak first. “I’m afraid that won’t happen, Theo,” his mother said sharply. She was usually one step quicker.

  “You missed school all day Monday and most of today,” his father said. “That’s enough.”

  Theo knew there were times when it was okay to push a little, and there were other times when pushing only made matters worse. This was a good time to back off. He knew he couldn’t win. It was better to take defeat with some dignity.

  As he got up from the table, he said, “Better hit the old homework.”

  Both parents were watching him suspiciously, both ready to pounce if he dared to mention the trial again. As he and Judge left the kitchen, he
said, barely audible, “I think I’m getting sick.”

  • • •

  At seven forty-five the following morning, Theo was eating breakfast and reading the local newspaper online. His father had already left. His mother was in the den reading the old-fashioned print version of the same newspaper.

  The phone rang. Once, then twice. It never rang in the morning. Theo wasn’t about to answer but his mother said, “Theo, would you get that, please?”

  Theo stepped to the phone, grabbed it, and said, “Boone residence.”

  A familiar voice said, “Good morning, Theo. This is Judge Gantry. Can I speak to one of your parents?”

  “Sure, Judge.” He almost added, “What in the world is going on?” but managed to bite his tongue. He said, “Mom, it’s for you.”

  “Who is it?” she asked, and picked up in the den before he could answer. Theo bolted to the doorway to eavesdrop. He heard her say, “Well, good morning, Henry.” A pause. “Yes, yes.” A longer pause. “Well, Henry, I just don’t know. He’s missed so much school already this week, but . . .” A pause as she listened. Theo could feel his heart quicken. She said, “Well, yes, Henry, Theo makes very good grades and I’m sure he could catch up. But . . .” Another pause. “Well, if you put it like that, Henry, I guess it’s not a bad idea.” Theo was about to jump out of his skin. Then, “A coat and tie. Well, sure. Fine, Henry, thanks. I’ll tell him right now.” As she hung up, Theo scurried back to his chair, grabbed his spoon, and crammed in a mouthful of Cheerios.

  Mrs. Boone walked into the kitchen, still wearing her bathrobe, but Theo ignored her. He was too busy staring at his laptop. She said, “That was Judge Gantry.”

  No kidding, Mom. I just spoke to him.

  “And he says he needs a law clerk today in court, says you were very important yesterday, and says you might be helpful today in dealing with Bobby.”

  Theo managed to look up and say, “Gee, Mom, I don’t know. I have a pretty busy day at school.”

  “He wants you there at eight fifteen, wearing a coat and tie, just like a real lawyer.”

  Theo bolted for the stairs.

  At eight fifteen, Theo followed Mrs. Hardy into Judge Gantry’s chambers. She said, “Here he is,” and turned around and left. He took a seat across the wide desk and waited for Judge Gantry to finish reading a document. He looked tired and grumpy. Finally, he said, “Good morning, Theo.”

  “Good morning.”

  “I thought you would want to be here today. It promises to be rather eventful, and since you’re the real reason we’re even having this trial, I thought you might enjoy watching it come to an end.”

  “An end?”

  “Yes, an end. Do you know what a law clerk does, Theo?”

  “Sort of. I think they do research for judges and stuff like that.”

  “That’s part of it. I use clerks from time to time, usually law students home for the summer. Often they’re more trouble than they’re worth, but occasionally I’ll get a good one. I like the ones who don’t say much but are good listeners and watch things closely in the courtroom.” He stood and stretched his back. Theo was afraid to speak.

  Judge Gantry said, “I was here until almost midnight last night, Theo, meeting with the lawyers. A lot of stuff is happening, and I want your opinion.” He began pacing behind his desk, still stretching as if he had pulled a muscle somewhere. “You see, Theo, Myra Duffy has two sons, Will and Clark, two fine young men who are in college. I’m sure you’ve seen them in the courtroom. They’ve been here every day.”

  “Yes, sir.”

  “Their father was killed in a plane crash when they were young teenagers. After a few years, she married Pete Duffy, and Will and Clark got along well with their stepfather. Pete was good to them, provided for them, took them places, and has paid for their college. Of course they are bitter and broken over what happened to their mother, and they want him punished severely. But they have decided that they do not want Pete to get the death penalty. They think it’s too harsh, and they still have some feelings for the man, in spite of what he did. They’ve spent a lot of time with their aunt, Emily Green, Myra’s sister, and together they’ve made a family decision. No death penalty for Pete. Yesterday, after Bobby testified, and after it became pretty obvious that the jury is likely to find Pete guilty, they approached Jack Hogan and asked him to back off the death penalty. This puts Jack in a tough position. As the State’s prosecutor, he has the obligation to punish murderers to the fullest extent of the law, but Jack has never asked a jury to condemn a man to death. He also allows the family of the victim to have considerable input into the matter. Last night, Jack Hogan approached Clifford Nance and told him of the family’s decision. Hogan also offered a deal—a plea bargain. If Pete Duffy will admit to the murder, the State will suggest a sentence of life in prison, without the chance of parole. LWOP, as it’s known. Life without parole. I was notified, and we met here for several hours last night discussing the plea bargain. It means, of course, that Pete Duffy will eventually die in prison, but he won’t sit on death row waiting to be executed. It also means that this case will come to an end and the lawyers won’t be forced to spend the next fifteen years fighting through the appeals. As you probably know, capital murder verdicts drag on for years. Now, I have to either approve of the plea bargain, or not. What do you think about it?”

  “Will Pete Duffy take the deal and plead guilty?” Theo asked.

  “Don’t know yet. I suspect he had a very long night in jail. Clifford Nance is leaning in favor of the deal, and when we last spoke he had decided to recommend to Pete that he take it. Anything is better than living on death row waiting for an execution.”

  “I like it, Judge,” Theo said. “When I think of the death penalty, I think of serial murderers and terrorists and drug dealers, really nasty people. I don’t think of men like Pete Duffy.”

  “Murder is murder.”

  “I guess, but Pete Duffy wouldn’t commit murder again, would he?”

  “I doubt it. So you’re in favor of the plea bargain?”

  “Yes, sir. I have some doubts about the death penalty anyway. With this deal, the man gets punished, the family is satisfied, and justice is done. I like it.”