He gestured to a small breakfast table in his kitchen. “Excuse this. Grading papers. Have a seat.”
“Thank you.” Jo’s eyes quickly darted all over the apartment before settling on Hector. “You have a lovely home. Very organized. Even with the stacks of papers.”
“Thanks. We keep it clean.” Hector sat down and looked at his fridge. “Want something to drink?”
“No, thanks. I just wanted to ask you a few questions about Brad Gecina.”
“Okay.”
“The police report states you saw him around eight am leaving the apartment complex. Is that accurate?”
“Yes.”
“Are you sure it wasn’t three am?”
Hector cocked his head. “Yeah.”
“Do you remember what he wore?”
“A police uniform.”
Jo scrunched her face a little. “Sorry, but are you sure of what he was wearing and what time you saw him leave?”
Hector shrugged. “The police asked me that several times too. I had to get up early to meet my little brother to go fishing. I met him at the harbor at eight thirty and was right on time. I don’t know what else to tell you.”
“How do you know it was Brad that you saw leaving?”
“I’ve seen him around a lot the past six months, so I know what he looks like.”
Jo opened her large purse to pull out a notepad and pen. “That morning, how did you see him? Like your distance from him—from the side? From the front or back?”
Hector raised both his hands. “Hey, I don’t want to get Brad in trouble, and I don’t want to do anything to hurt Cassie or April. I already cooperated with the police. What’s this about?”
Jo set her pen down. “I’m looking for the truth of what happened that night. Brad is my client, so nothing you say can hurt him. I’m here because I want to ensure there is no legal proceeding. We don’t want a trial. In order to do that, I need to understand the underlying facts.”
Hector looked at his stack of papers on the table. “Okay. I only have so much time. I have to grade the rest of these papers by tomorrow.”
“Sure. I don’t think this’ll take long. Let’s start with how you saw Brad.”
“As I left my building, I noticed a man leaving the complex. A pretty straight sight line. He was maybe a hundred feet away. The sun wasn’t bright yet but the sky was pretty well lit. I think the lights at the front gate might have still been on. It was pretty bright, so I saw him pretty clear.”
Jo jotted down, One hundred feet. Gate lighting. “What percent sure are you that it was him and not someone else?”
“Ninety to a hundred.”
“You said that you had seen Brad around a lot. Do you know the first time you saw him?”
“About six, maybe eight months ago. When I get home from school I take the dog out for a walk. Everyday around four.”
Jo glanced around. “Dog?”
“My roommate is walking him now. But like I told the cops, I first saw Brad outside in his squad car with a radar gun. He was out there a lot. At first it made me a little nervous, but then I realized I liked having a cop around. Third or fourth time I saw him, he got out of his car to pet Spikey. We chatted a bit. Talked about the neighborhood, the complex—and a bit about girls.”
“How often would you see him after that?”
“Doing speed duty, maybe once a week. Sometimes more, sometimes less. We never exchanged numbers or anything, but I’d see him inside the complex every once in a while and we’d wave to each other. He was dating April, and before her, I think he dated Sarah.”
Jo’s brain ticked. “He had two different girlfriends in the complex?”
“Not at the same time. But yeah. One time when I was walking Spikey with my girlfriend, he asked how we met. I told him on Tinder. I bet he signed up that day and was getting a bunch of matches from the complex.”
“Hmmm,” Jo quietly let out.
“Oh. Hey. Can you keep that confidential? Some people don’t like admitting they use those apps. Also, that’s just my guess. He never told me he was on Tinder.”
“Sure. So, you saw him around the complex and neighborhood quite often. That’s why you’re sure you saw him that night.”
“Yeah. I mean it’s how he looked. But also the movements. You know, how he walks and carries himself. It looked and seemed like him.”
“Very observant, Hector. Did anything seem unusual with him that night?”
“No. And it was morning, not night.”
“Okay. Did you notice if he was moving fast? Or if he was staggering? Anything like that?”
“No. He seemed normal. But he was kind of far away so maybe. I saw he went left after he passed the gate. When I got to the gate, maybe fifteen seconds later, I looked to the left to say hello, but didn’t see him or a police car. So, I went to the right, got in my car and drove to the docks at 50 North. And that’s it. I mean, I heard stories there was some yelling and stuff the night before, but I didn’t hear anything. I didn’t see much and don’t know much.”
Jo nodded at him. “Thank you. Just another question or two. Do you make the drive to the docks often?”
“No. My brother got a huge bonus at work and bought the coolest yacht from 50 North. I met him there to take it out for the first time that Sunday morning.”
“Thank you,” Jo said as she clicked her pen closed and put her pen and pad into her big purse. “I really appreciate your time.”
“You’re welcome.”
Jo left Hector’s unit and stopped outside his complex. The front gate from an unobstructed view. The gate was about a hundred fifty feet away, the entrance to the other cluster, where Cassie and April lived, was halfway between them. She believed Hector would be able to identify someone at that distance in the morning, maybe even at night.
“SODDIT?” Jo whispered out loud wondering if Some Other Dude Did It. Could Brad have visited April at two thirty or so and left at three am? Hector saw a guy that he thought would be Brad leaving five hours later. Was it April screaming about Brad peeing that the two other neighbors heard, or was it Cassie screaming about being raped? Could April be lying about kicking Brad out to cover for him? Someone is lying, who?
Jo steadied her mind and looked at the second hand of her watch. She walked with a steady even stride, her pace hindered ever so slightly by her heels. Twenty-two seconds to reach the front gate. If she had been more casually dressed it would have been a few seconds faster. Hector’s estimate of fifteen seconds seemed reasonable.
Jo looked at the spotlights in the ground on both sides of the gate. Even if it was sunrise or midnight, she thought the gate would be bright enough to get a good look at someone. She opened the gate and looked to the left. If there had been a car sitting there, Brad might have driven off before Hector made it to the gate. Jo’s car was in the direction she was looking. She counted out ten seconds as she walked to her car and got in. Brad could easily get to a closer car in five seconds and be gone before Hector made it to the gate. But why wouldn’t Hector have seen the police car pulling away? U-turn?
“What the hell happened?” Jo asked out loud as she turned the key in the ignition. She was staring at her gear shift trying to decide what to do next when she was interrupted by an incoming call on her cell phone.
The caller ID told her Jason Miley was calling. “Hi, Jason.”
“Hey, TG. Busy?”
“Just researching a case. What’s up?”
“I’ve got a client in jail. His parents are worried sick about him and they can’t get in to see him. They just want to let him know they aren’t mad at him and they hired me. I’m too busy to get down to the jail because of a deadline on a motion. Can you swing by and give a quick message to the client for me? I’ll give you the standard appearance rate. If it runs long, we can double it.”
Jo darted her eyes around her car and settled them on Brad’s folder. “Sure, I can run down there for you.” Her answer was more of a question t
han a response.
“I know you’re new to the private game. It’s common for us small firms to cover for each other or use a service on hearings. Standard rate for something really simple is a hundred bucks. I know it’s not a whole lot of money, but sometimes you can rack up a few at the same time and pick up some real money with little things like this. And it’s great to be able to trade favors.”
“Hey, Jason, that sounds fine.” Jo dug a pen out of her purse and grabbed her notepad from the file. “Who’s your client and what’s the message?”
“Let me email it to you with his date of birth. The message isn’t that long but easier than having to write it all down. And I’ll shoot you his parents’ cell phone number so you can text them his response.”
“Can’t I just email them?” Jo asked with discomfort in her voice.
“Just text, it’s easier.”
“Uh…,” Jo mumbled for a second. “I’m not sure how comfortable I am giving my cell phone number to, uh, lots of people,” Jo said, trying to imply these people were probably criminals without disparaging those to whom she now looked to make a living.
Jason understood. “Come on Tour Guide, you need to get two cell phones. One for personal and one for business. Lots of our clients don’t really use email. Texting is standard.”
“Okay. I’ll use my cell this time.”
“Cool. Thank you, Jo. Hope it goes smooth and quick.”
“Bye,” Jo said and plopped her phone, pen, and notepad on the seat next to her. “Off to jail,” she said with a little smile.
Chapter 3
“You’re prettier than the last lawyer,” said the scrawny twenty-year-old with long oily hair seated across from Jo, behind the bars that separate the attorneys from the accused.
At least he’s not wearing a green outfit, Jo thought, as she ignored his comment. “Hello, Mr. Royster. My name is Joanna Channing. Your parents have retained attorney Jason Miley to be your attorney. Jason couldn’t make it here today so he asked me to come see how you are doing and to let you know that your parents are working on getting you out of here soon.”
“Those they words?”
Jo remembered the email Jason sent her. “Not exactly. They also wanted to let you know that your brother can’t make it to your arraignment.”
“Damn,” Royster muttered and shook his head, allowing his hair to fall down in front of his face. He looked down into his lap. “I guess you tell ‘em ain’t nothing I can do ‘bout that.”
“Okay, I’ll tell them,” Jo said, thinking she probably just delivered a coded message of some sort. “Anything you need? Everything okay in here?”
“They could make better sandwiches. One piece of bologna on white bread is some bullshit,” Royster said, looking at the deputy standing on the other side of the window where he could keep an eye on the activities, but all conversations with professional visits would remain confidential. Royster looked up at Jo. “You do me a favor?”
“Maybe. How can I help?”
Royster pushed his hair behind his ears again. “There a guy in here, can you talk to him like this, like his lawyer?”
“If he’s a client or a prospective client, sure.”
“So what I tell you now. That’s like the attorney secret, right? You can’t tell no one?”
Jo nodded. “That’s right.”
“Tie Win. T-a-i. N-g-u-y-e-n. Tell him to watch his back until he squash shit with Omar.”
“If he’s in danger, tell the deputies.”
“This just jail. Ain’t prison,” Royster said while shaking his head. “He just need to know to watch his back. Specially when he released.”
Jo looked at her watch. Getting into the jail was a quick process and she had nothing else but the Brad Gecina case, so why not see if this Tai Nguyen guy might want to retain her too? Telling someone to be careful and watch their back was always sound advice. She nodded. “I’ll go back down to the front desk and ask to schedule a professional visit with Mr. Nguyen.”
“Thanks.”
Jo stood up and signaled to the deputy that the meeting was done. A few seconds later he came in and patted down Mr. Royster and escorted him down the prisoner hallway. Jo went out the visitor hallway and took the elevator back down to the front desk.
Even though Jo just provided her driver’s license and bar card ten minutes ago, she had to do the process again to schedule a visit with Tai Nguyen. Jo presumed that when Tai was told he had a professional visitor, even though he had no idea who she was, he would want to take the meeting instead of sitting in a holding cell.
Jo was taken back in the same spot where she met with Mr. Royster and found herself sitting across from an Asian man with short dark hair, about thirty years old. They watched the deputy close the door behind him.
Tai asked, “Who are you?”
Jo smiled at Tai, thankful he too wasn’t wearing green jail garb reserved for accused murderers or dangerous inmates. “Joanna Channing. I’m an attorney. I have a client in jail who asked me to meet with you and tell you to be careful. In his words, ‘watch your back until you are able to squash things with Omar.’”
Tai’s eyes went wide. “Can you help me?”
“Do what?”
“Settle things with Omar?”
Jo squinted slightly and lifted her hands up off the table. “I have no idea who Omar is or what this is about. Do you have an attorney already?”
“Yeah. I think so. My brudda might have hired one but he not come and see me. So maybe we switch to you. I like that you come here.”
“What were you arrested for?”
“This time. Possession with intent to distribute.”
“Possession of what?”
Tai tapped at his nose. “Coke.”
“How did you get arrested?”
Tai shook his head. “Can you just tell Omar I’ll make it right?”
Jo paused for a second. “I’m sorry Mr. Nguyen, I’m not sure I’m comfortable relaying messages to people. If it was in the scope of representation for a client, then I could talk to people as part of representation….”
Tai nodded quickly. “I hire you so you can talk to Omar. My brudda. He pay you for me. I give you his numba.”
Jo held up her right hand. “Hold on. I first need to understand what your case is about so I can understand the scope of representation. Then I would need a retainer agreement stating that I am your attorney and what services I would perform in exchange for what amount of money. I can’t just jump into representing you without knowing more.”
Tai nodded quickly. “Okay. Okay. I was driving home from downtown hotel this morning. Cop pull me over, say suspicion of DUI. I don’t drink though. So, he make me do walk and count test. He search my pocket and find three little baggy cocaine.”
“Were you on cocaine?”
“No.”
Jo rubbed her hands together. “If the officer lacked probable cause to search your pocket, you might be able to suppress that evidence. I’d have to read the arrest report to know if there was much of a chance of getting the case dismissed or winning at trial.”
“More important, talk to Omar for me.”
“What does Omar have to do with anything?”
“You my attorney? You can’t tell?”
“I might be your attorney. Even if I’m not, the attorney-client privilege attaches. So anything you tell me is confidential unless it involves a future crime.”
Tai glanced over at the deputy standing outside of the room, then back to Jo, and leaned forward. “Okay. Last Saturday we at hotel pool party. I sell coke to group with bottle service. Guy offers me lot of money to get him rope. I don’t sell that. I give him numba of guy who do. He use rope on one girl, the dealer stay and party, dealer use rope on another girl. Dealer use rope on Omar cousin at one of Omar’s house. Omar pissed off. At me I think. I don’t do nothing. Just give guy a numba. This weekend I stay downtown to find the dealer. I find where he stay. I drive to give to Oma
r. And get pinched.”
Jo knew from her previous ten years in criminal law that rope is slang for a date rape drug. She presumed this Omar character was some sort of thug who scared Tai Nguyen quite a bit, so Tai was willing to roll over on the backup drug dealer he brought in. His small time possession case seemed interesting, there might be a real chance of suppressing the cocaine and winning this case. She wanted it. If she could win or get a good deal, this kid could be a pipeline for more, non-violent, drug-related, clients.
“Mr. Nguyen, I can’t help you, Omar, or anyone else commit a crime. I can’t be part of a conspiracy to hurt anyone.”
Tai shook his head. “No, it’s not like that. I just give him numba. That’s it. We don’t help hurt nobody.”
Jo thought silently for a second. Giving a thug a phone number probably wasn’t an act in furtherance of committing a crime. It was just giving a phone number. And if it ended up in a rapist getting hurt that shouldn’t be a crime anyway. Jo tried to quickly determine if she would be going too far, if she would be ‘ambulance chasing,’ to use Tai’s desperation to sign him as a client.
She put her hands on the table and looked Tai square in the eye. “As long as you understand I won’t help anyone get hurt. If I were your attorney, in order to investigate your defense, I could call and meet with Omar. Or anyone. And I could share phone numbers if you wanted me to.”
Tai nodded excitedly. “So, you my lawyer?”
“Not yet. We need a written agreement and I also need to be paid first.”
“The other guy want five thousand. I don’t think we pay him yet. What you charge?”
“Five thousand to represent you on possession of cocaine with intent to distribute through trial, no appeal. That would work for me.”
“Okay. Where I sign?”
Jo didn’t have a retainer agreement with her. She was going to have to start carrying them with her at all times. “What I’ll do is write up a simple agreement so that I can get started after I get paid. And then at your arraignment, I’ll get you to sign a more formal agreement. Okay?”
Blanket Immunity Page 2