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Theodore Boone: Kid Lawyer Page 9
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others like gerbils. Dogs, cats, horses, goats. Me, I like snakes. They’re nice pets.”
“Nice pets,” the neighbor hissed.
“Is this the first time one has escaped?” Judge Yeck asked.
“Yes,” said the owner.
“No,” said the neighbor.
“Well, that clears things up.”
As fascinating as it was, Theo was having trouble focusing on Herman and his problems. Two things diverted his attention. The most obvious was the fact that Hallie was sitting very close, and this made the moment one of Theo’s finest. But even this was overshadowed by the more serious issue of what to do about Julio’s cousin.
The murder trial was zipping right along. The lawyers and witnesses would soon be finished. Judge Gantry would soon give the case to the jury. The clock was ticking.
“You gotta protect us, Judge,” the neighbor said again.
“What do you want me to do?” Judge Yeck shot back. His patience was running out.
“Can’t you order it destroyed?”
“You want the death penalty for Herman?”
“Why not? There are children in our building.”
“Seems kind of harsh,” Judge Yeck said. It was obvious he was not going to order the death of Herman.
“Come on,” the owner said in disgust. “He’s never harmed anyone.”
“Can you make sure the snakes stay in your apartment?” the judge asked.
“Yes. You have my word.”
“Here’s what we’re going to do,” Judge Yeck said. “Take Herman home. I never want to see him again. We don’t have a place to keep him at the Pound. We don’t want him at the Pound. No one at the Pound likes Herman. Do you understand this?”
“I guess,” the owner said.
“If Herman escapes again, or if your snakes are caught outside of your apartment, then I have no choice but to order them destroyed. All of them. Clear enough?”
“Yes, Your Honor. I promise.”
“I bought an ax,” the neighbor said hotly. “A long-handle ax. Cost me twelve bucks at Home Depot.” He pointed angrily at Herman. “I see that snake, or any snake, in my apartment, or anywhere else, you won’t have to get involved, Your Honor, sir.”
“Settle down.”
“I swear I’ll kill him. Should’ve killed him this time, but I wasn’t thinking. And, I didn’t have an ax.”
“That’s enough,” Judge Yeck said. “Case dismissed.”
The owner rushed forward, grabbed the heavy cage, and gently lifted it off the bench. Herman wasn’t fazed. He showed little interest in the debate over his death. The neighbor stomped out of the courtroom. The owner and Herman loitered about, then left, too.
After the doors were slammed, the clerk eased back to her seat near the bench. The judge looked at some paperwork, then glanced up at Theo and Hallie. There was no one else in the courtroom.
“Well, hello, Mr. Boone,” he said.
“Good afternoon, Judge,” Theo said.
“You have business before the court?”
“Yes, sir. I need to retrieve a dog.”
The judge picked up a sheet of paper, his docket. “Rocky?” he asked.
“Yes, sir.”
“Very well. You may come forward.”
Theo and Hallie walked through the small swinging gate to the only table. Theo showed her where to sit. He remained standing, just like a real lawyer.
“Proceed,” Judge Yeck said, obviously enjoying the moment and realizing that young Theo Boone was working hard to impress his very cute client. The judge smiled as he remembered Theo’s first appearance in his courtroom. He had been one frightened boy as he frantically worked to rescue a runaway mutt, one that he took home and named Judge.
“Well, Your Honor,” Theo began properly. “Rocky is a miniature schnauzer registered to Mr. Walter Kershaw, who is out of town on business. His wife, Dr. Phyllis Kershaw, is a pediatrician and could not be here. My client is their daughter, Hallie, who is in the eighth grade with me at the middle school.” Theo sort of waved at Hallie, who was terrified but also confident that Theo knew what he was doing.
Judge Yeck smiled down at Hallie. Then he said, “I see this is the second offense.”
“Yes, sir,” Theo said. “The first offense was four months ago and Mr. Kershaw handled matters at the Pound.”
“And Rocky is in custody?”
“Yes, sir.”
“You can’t deny the fact that he was loose, can you?”
“No, sir, but I ask the court to waive both the fine and the boarding fee.”
“On what grounds?”
“Sir, the owners took all reasonable steps to prevent their dog from getting out. As always, Rocky was left in a secure place. The house was locked. The alarm was on. The gates to the backyard fencing were closed. They did everything possible to prevent this. Rocky has quite a temper and often becomes irritated when he’s left alone. He likes to run away when he gets out. The owners know this. They were not being careless.”
The judge removed his reading glasses and chewed on a stem as he pondered this. “Is this true, Hallie?” he asked.
“Oh, yes, sir. We’re very concerned about Rocky getting out.”
“This is a very clever dog, Your Honor,” Theo said. “He somehow broke through a pet door in the laundry and escaped to the backyard, where he dug a hole under the fence.”
“Suppose he does it again.”
“The owners intend to beef up security, sir.”
“Very well. I’ll waive the fine and fee. But if Rocky gets caught again, I’ll double all fines and fees. Understand?”
“Yes, Your Honor.”
“Case dismissed.”
As they were walking down the hallway on the first floor, headed for the main entrance, Hallie slid her hand around Theo’s left elbow. Arm in arm. He instinctively slowed down a little. What a moment. “You’re a great lawyer, Theo,” she said.
“Not really. Not yet.”
“Why don’t you call me sometime?” she asked.
Why? Now that was a good question. Probably because he assumed she was too busy talking to all the other boys. She changed boyfriends every other month. He’d never even thought of calling her.
“I’ll do that,” he said. But he knew he wouldn’t. He wasn’t exactly looking for a girlfriend, and besides, April would be devastated if he began chasing a flirt like Hallie.
Girls, murder trials, secret witnesses. Life was suddenly very complicated.
Chapter 13
After a long good-bye, Theo came back to Earth. He practically ran up the stairs to the second floor, then to the balcony, where he found Ike in the front row. He slid in beside him. It was almost 5:00 p.m.
The witness was the insurance agent who’d sold the $1 million policy to the Duffys just over two years earlier. Clifford Nance was slowly walking the agent through his dealings with the couple. He carefully made the point that two policies were purchased, one insuring the life of Mrs. Myra Duffy, and the other for Mr. Peter Duffy. Both were for $1 million. Both policies replaced existing policies that would pay $500,000 in the event of either death. There was nothing unusual about the transaction. The agent testified that it was rather typical—a married couple wisely increasing their coverage to protect each other in the event of an untimely death. Both Duffys knew exactly what they were doing and did not hesitate to upgrade their policies.
By the time Clifford Nance finished with the direct examination, the $1 million payoff sounded far less suspicious. Jack Hogan threw a few punches on cross-examination but nothing landed. When the agent was finished, Judge Gantry decided to call it a day.
Theo watched the jury file out of the courtroom as everyone waited, then he watched the defense team huddle around Pete Duffy and offer smug smiles and a few handshakes for another productive day in court. They were very confident. Omar Cheepe was not present.
“I don’t want to talk around here,” Ike said in a low voice. “Can y
ou run by the office?”
“Sure.”
“Now?”
“I’m right behind you.”
Ten minutes later they were in Ike’s office with the door locked. Ike opened a small refrigerator on the floor behind his desk. “I have Budweiser and Sprite.”
“Budweiser,” Theo said.
Ike gave him a Sprite and popped the top of a can of Bud for himself. “Your options are limited,” he said, then took a sip.
“I figured.”
“First, you can do nothing. Tomorrow is Friday, and it looks like the defense will rest by midafternoon. Rumor is that Pete Duffy will testify, and go last. The jury might even get the case by late afternoon. If you do nothing, then the jury retires to the jury room and considers its verdict. They can find him guilty, or not guilty, or they can split and not be able to reach a verdict. A hung jury.”
Theo knew all this. In the past five years he’d watched far more trials than Ike.
His uncle continued: “Second, you can go to this mysterious witness and try to convince him to come forward immediately. I’m not sure what Judge Gantry would do now if confronted with this kind of testimony. I’m sure he’s never been in this position, but he’s a good judge and he’ll do what’s right.”
“This guy is not about to come forward. He’s too scared.”
“Okay, that leads to your third option. You can go to the judge anyway, and without revealing the name of the witness—”
“I don’t know his name.”
“But you know who he is, right?”
“Right.”
“Do you know where he lives?”
“The general area. I don’t know his address.”
“Do you know where he works?”
“Maybe.”
Ike stared at him as he took another sip from the can. He swiped his lips with the back of a hand. “As I was saying, without revealing his identity, explain to the judge that a crucial witness is missing from this trial and his absence will likely lead to the wrong verdict. The judge, of course, will want details: Who is he? Where does he work? How did he become a witness? What, exactly, did he see? And so on. I suspect Judge Gantry will have a thousand questions and if you don’t answer them, then he might get upset.”
“I don’t like any of the three options,” Theo said.
“Nor do I.”
“Then what should I do, Ike?”
“Leave it alone, Theo. Don’t stick your nose into this mess. It’s no place for a kid. It’s no place for an adult. The jury is about to make the wrong decision, but based on the evidence, you can’t blame them. The system doesn’t always work, you know. Look at all the innocent people who’ve been sent to death row. Look at the guilty people who get off. Mistakes happen, Theo. Leave it alone.”
“But this mistake hasn’t happened yet, and it can be prevented.”
“I’m not sure it can be prevented. It’s highly unlikely that Judge Gantry will stop a big trial that’s almost over just because he hears about a potential witness. That’s a stretch, Theo.”
It did seem unlikely, and Theo had to agree. “I guess you’re right.”
“Of course I’m right, Theo. You’re just a kid. Butt out.”
“Okay, Ike.”
There was a long pause as they stared at each other, waiting for the other to speak. Finally, Ike said, “Promise me you won’t do something stupid.”
“Like what?”
“Like to go the judge. I know you two are buddies.”
Another pause.
“Promise me, Theo.”
“I promise I won’t do anything before I talk with you.”
“Fair enough.”
Theo jumped to his feet. “I need to go. I have a lot of homework.”
“How’s Spanish?”
“Great.”
“I hear that teacher is really something. Madame, what’s her name?”
“Madame Monique. She’s very good. How do you know—”
“I keep up, Theo. I’m not some crazy recluse like everybody thinks. Are they offering Chinese yet in this school system?”
“Maybe in the upper school.”
“I think you should start Chinese, on your own. It’s the language of the future, Theo.”
Once again, he was irked that his uncle was so free to give advice that was not asked for and certainly not needed. “I’ll think about it, Ike. Right now I’m pretty loaded.”
“I might watch the trial tomorrow,” Ike said. “I kind of enjoyed it today. Text me.”
“You got it, Ike.”
Boone & Boone was quiet when Theo made his appearance a few minutes after 6:00 p.m. Elsa, Vince, and Dorothy were long gone. Mrs. Boone was at home, no doubt skimming the pages of another bad novel. Her book club would meet at seven, at the home of Mrs. Esther Guthridge, for dinner and wine and a discussion of almost everything except their book of the month. The club had ten women in all, and they took turns selecting the books. Theo could not remember the last one that his mother enjoyed, not even the ones she’d picked. Each month she could be heard complaining about whatever book she was supposed to be reading. It seemed an odd way to run a club, at least in Theo’s opinion.
Woods Boone was stuffing his briefcase when Theo entered the upstairs office. Theo often wondered why his father crammed files and books into his briefcase and hauled it home every night as if he just might work until midnight. He did not. He never worked at home, never touched the briefcase, which he always placed under a table in the foyer near the front door. And there it sat, all night, until Mr. Boone left early in the morning for breakfast and then to the office, where he unpacked the briefcase and flung its contents onto his terribly disorganized desk. Theo suspected that the stuffing was always the same—same books, files, papers.
He had noticed that lawyers seldom go anywhere without a briefcase. Maybe to lunch. His mother hauled hers home, too, but she occasionally unlatched it and read some of its contents.
“A good day at school?” Mr. Boone asked.
“Great.”
“That’s good. Listen, Theo, your mother has book club tonight. I’m going over to Judge Plankmore’s for a little while. The old guy is fading fast and I need to sit with him for a couple of hours. Won’t be long before there’s a funeral.”
“Sure, Dad. No problem.”
Judge Plankmore was at least ninety years old and dying from multiple causes. He was a legend in the Strattenburg legal world and most of the lawyers adored him.
“There’s some leftover spaghetti you can zap in the microwave.”
“I’ll be fine, Dad. Don’t worry. I’ll probably study here for an hour or so, then go home. I’ll take care of Judge.”
“You’re sure?”
“No problem.”
Theo went to his office, unloaded his backpack, and was trying to concentrate on his Chemistry homework when there was a slight knock on the back door. It was Julio, for the second day in a row.
“Can we talk outside?” he said, very nervous.
“Come on in,” Theo said. “Everyone’s gone. We can talk in here.”
“Are you sure?”
“Yes. What’s up?”
Julio sat down. Theo closed the door.
“I talked with my cousin an hour ago. He’s very nervous. There were policemen at the golf course today. He thinks you’ve told them about him.”
“Come on, Julio. I haven’t told anyone. I swear it.”
“Then why were the police out there?”
“I have no idea. Did they want to talk to your cousin?”
“I don’t think so. He disappeared when he saw the police car.”
“Were the policemen wearing uniforms?”
“I think so.”
“Were they driving a car that was obviously a police car?”
“I think so.”
“Look, Julio, I gave you my word. I haven’t told the police. And if they wanted to talk to your cousin about the murder, they wouldn’t be we
aring uniforms and they wouldn’t be driving a car with the word POLICE painted on the doors. No way. They would be detectives, with coats and ties and unmarked cars.”
“Are you sure?”
“Yes, I’m sure.”
“Okay.”
“I guess your cousin gets pretty nervous when he sees policemen, right?”
“Most illegals do.”
“That’s my point. Tell your cousin to relax.”
“Relax? It’s hard to relax when you might get arrested any day of your life.”
“Good point.”
Julio was still nervous, his eyes darting around the small room as if someone else might be listening. There was a long, awkward pause while each waited for the other to say something. Finally, Julio said, “There’s something else.”
“What?”
His hands were shaking as he unbuttoned his shirt and pulled out a clear plastic bag, a Ziploc. He laid it carefully on Theo’s desk as if it were a gift he never wanted to touch again. In it were two objects, white in color, slightly worn, and wadded.
Golf gloves.
“My cousin gave me this,” he said. “Two golf gloves, worn by the man he saw go into the house where the lady was killed. One for the right hand, one for the left. The right hand is new. The left hand has been used.”
Theo gawked at the gloves in the bag, but couldn’t move and for a moment couldn’t speak. “Where did he find—”
“When the man came out of the house, he took the gloves off and put them in his golf bag. Later, on the fourteenth tee, he placed these gloves in the trash