Blanket Immunity

by Adam Van Susteren

  Dzuy smiled at Jo and shook his head. He cut a piece of chicken and ate it. “Client meeting on a Saturday? What was it about?”

  Jo took a sip of her Coke. “It was just a tax issue. Not my normal practice area but right now I’m willing to expand my practice to make some money. The client asked if he could pick up the form on Saturday and I wasn’t doing anything after the run. So we met at my office and ended up talking for almost two hours.”

  “How many clients do you have now?” Dzuy asked, scooping up some rice and stabbing at a piece of chicken.

  “One former client. Thank God that’s former. So just two clients. I need to start marketing, really hoping for some DUIs. You know, good people who did something wrong. Not bad people that keep doing wrong.”

  “Should I buy the restaurant a round of wine and call the cops?”

  “Yeah.” Jo shook her head. “But if you hear of anyone who is accused of anything, just let them know what I do. I hear that’s the best way to grow a practice. Word of mouth referrals.”

  “Will do, J.”

  Jo tilted her head slightly. “J?”

  “Well, your friends call you Jo and we’re more than friends. Figured I’d try something out.”

  Jo dropped a piece of chicken into her tziki sauce cup. “Um, no.” Jo fished the chicken out of the cup and put it on her rice. “It’s sweet of you to think about it.”

  Dzuy shrugged. “I’m pretty sweet.”

  Jo nodded in agreement, her mouth full. She chewed and swallowed. “Yes, Sweetie. Let’s see if you showed me how to use that camera app correctly.”

  “Happy to. So long as ‘Sweetie’ doesn’t stick as my nickname.”

  Jo rolled her eyes. “Oh, Dzuy.” Jo got her phone and tapped around until a live feed of the parking lot through her law office door displayed. “It’s working.” She showed Dzuy the video feed.

  “Can you record the footage?”

  Jo focused on the screen and tapped. “Yeah.” She flashed proof that it was recording.

  “Nice. Can you switch cameras?”

  Jo stared at her phone, tapping until she pulled up a feed on the entry from a different angle. “There we go.”

  Dzuy smiled, “Seems like you got it down.”

  Jo smiled back. “Yeah. Thanks. I’ll be able to see who’s at my office before deciding if I want to let them in.”

  “And it’s set to automatically record for fifteen minutes any time the sensor on your door is triggered. So click the stop recording button if you want to. You can also turn the system off from your phone too.”

  Jo looked softly into Dzuy’s eyes. “Thanks for taking care of me.”

  “My pleasure.”

  They both took a few bites of their meal without talking. After Dzuy took a sip of soda he asked, “Seems like you’re doing better with your former client situation? Any developments that aren’t confidential?”

  Jo looked down at her plate and pushed a piece of lettuce on top of her rice. Still making eye contact with her own plate she said, “I understand the victim is going to sue the guy and imagine she’ll have a pretty solid case.”

  “Is that good?”

  Jo looked up at Dzuy. “I think so. I’m used to justice involving jail. But maybe getting money and understanding she was right will help get the victim closure.”

  “Not many things in this world feel better than getting a big check.”

  “Hopefully that’s a problem I’ll have someday soon.”

  “Is criminal defense the way to get there? I know our attorneys bill a fortune. Could you switch over to corporate law?”

  Jo shook her head. “I’ve got ten years in criminal law. It would be really hard to start over. I’m kind of at a crossroads. I just always assumed I’d stay in the DA’s office until I was appointed or elected judge. I made the leap a little too soon. Didn’t play the politics game well enough. So now I’m kind of trying to figure life out.”

  Dzuy reached out and took Jo’s hand. “Great timing. We can do it together.”

  Jo squeezed against his hand. “Thank you. How about you? What’s going on with you? Any crossroads?”

  “Not really any crossings. Just kind of at the onramp waiting to move to the burbs in the big house with the big couch and mid-size family.”

  “Big couch?”

  Dzuy blinked and rolled his eyes at himself. “I have this vision of laying down on one side of a U-shape couch with my wife on the other and the kids in the middle watching Star Wars.”

  “And then you get up to make us popcorn and come back and snuggle up with the kids?”

  Dzuy smiled and nodded.

  “You stretch out past the kids and I’m like, Dzuy, get your nasty feet out of my face.” Jo held up her hands in front of her face to block his feet and started chuckling.

  Dzuy joined in the laughter.

  Jo got serious. “Seriously, though. I’m not a fan of feet. I don’t want to be touched by them or want them near my face. So if you want to play footsie you’ll need to wear some socks.”

  “Okay, Jo.” He smiled wide. “What about babies’ feet? Are you scared of those? Could you put socks on your baby?”

  “I’m not scared of any feet. I just don’t like them. Babies’ feet are cute so I’d have no problem putting little socks on those cute little feet.”

  Dzuy raised his eyebrows.

  “What, Mr. Clever?” Jo asked.

  “What do you mean?”

  “I saw that eyebrow raise. You thought of something clever that you wanted to say, didn’t you?”

  “Whoa. Yeah. You’re impressive.”

  Jo shrugged. “What was your clever thought?”

  “I was just wondering, if feet are gross, but babies’ feet are cute, when do feet change from cute to gross?”

  Jo sighed. “I don’t know. I guess whenever the feet have the capability of stinking.”

  “So it’s a smell thing?”

  “I don’t think so. I don’t know. Can we just stop talking about this. It makes me not want to eat anymore.”

  Dzuy stabbed a piece of chicken and chewed on it. With food still in his mouth he said, “Doesn’t taste at all like feet.”

  Jo rubbed her hands with her napkin and tossed it on her plate of food. “What time do you go into work tomorrow?”

  Dzuy swallowed his mouthful, then sipped on the straw of his soda. “Usual. In by eight.”

  “Should I stay at your place tonight or head home?”

  “My place.” Dzuy picked up his napkin and wiped his hands. “If you want to sleep in later, that’s no problem. I’ll give you a key to lock up on your way off to work. Or if you want to go home, that’s fine too.”

  Jo smiled. “I’ll decide when we get back to your place. I didn’t pack an overnight bag, so will probably go home.”

  Dzuy held the door open for Jo as she left the restaurant. He shuffled ahead to open her car door.

  “Thank you Dzuy,” Jo said with a smile as she got into his Grand Cherokee.

  Dzuy pulled out of the parking space and looked at Jo, then sang, off key, in his best Bob Seger voice, “We got tonight, baby. Why don’t you stay?”

  Jo looked left and right and saw there was no traffic. She leaned in to kiss Dzuy. After a quick kiss she whispered, “Keep making this effort and I’ll stay.”

  Chapter 13

  “So, this video clip just showed up in your mail today. No letter with it?” Aaron Baker asked into the telephone while quizzically looking at his unusually organized desk in his home office.

  “Yeah,” Cassie Young responded. “The stamp thingy says it was mailed to me on Saturday. It just showed up in my mailbox today. He admits he did it.”

  Aaron flicked his slippers off and felt the cool of the hardwood floor on his bare feet. His eyes settled on a framed newspaper article involving an old case that gave him a familiar feeling. “Something seems off here. He gets an immunity deal, then immediately gets drunk and tells someone he raped you. Th
en a tape of that conversation shows up in your mailbox.”

  “Uh huh. And thank God he did. I was starting to think I was crazy.”

  “Can you email me the video file? Also, the immunity deal and the police report. Everything you have on the subject, even if it seems it’s not important. Okay?”

  “Uh huh.”

  “When did the incident happen?” Aaron asked as he grabbed a piece of paper from his waste basket to jot down notes.

  “A few months ago.”

  “A government claim has to be filed within six months. You might have to move quickly if you want to sue the police department as well as Brad Gecina.”

  “You think I’ve got a case?”

  “If we can prove you reported his harassment. If he did this while on the job, the city will have to pay a lot.”

  “How much?”

  Aaron set his pen down. “It’s impossible to predict. It depends what we can prove and if we’re willing to take it to trial. The City would likely offer a large sum.” Aaron knew that any figure he put out there would stick in her head so he wanted to avoid giving any number.

  “Millions?”

  “Ms. Young. I haven’t seen any files. We haven’t done any discovery. Jurors who make a decision are the taxpayers who end up footing the bill, so they might be a little more cautious with a big award. I think an initial demand in that ballpark would make sense.”

  “How much is our initial demand?”

  “That will be up to you. Whatever our initial demand is, we can expect to get less than it. But we also have to make a reasonable opening demand because media attention can hurt if we seem like we’re out for money and not justice.” Aaron used we instead of you. He wanted this case. The total award could be five or even ten million dollars. Worse come to worst, a million. Aaron enjoyed thinking that, no matter how much money, he would help a devastated woman.

  “Okay. And it doesn’t matter that you’re up there?”

  “Not at all. I have several cases in San Diego and even some as far north as Sacramento. If you can email me everything, I can take a look and then email you back a retainer agreement. That will be the formal agreement that explains what legal services I will perform and my compensation.”

  “I don’t have much money,” Cassie said softly.

  “This would be a contingent case. Standard is generally somewhere between a third and forty percent of whatever is recovered. If we don’t win or settle, then I wouldn’t get paid.”

  “Oh?”

  “If we settle without filing a lawsuit, my rate would be twenty-five percent. If it settles or a judgment is paid after a lawsuit is filed, thirty-three percent. If the case pays out after an appeal, forty percent. That means if I have less work, less time in court, I get paid less.”

  “And that’s standard?”

  “Yes. Some charge more, some less, but a case like this involves a lot of legal work, expenses, and risk. Attorneys generally get a higher percentage to account for their risk.”

  “Oh. Okay. I’ll email you everything I have. Then just wait for you to get in touch?”

  “Yes. And please call me anytime if you have any questions. And Cassie,” Aaron used her first name hoping it would create a bond, “I would suggest you consider speaking with another attorney. You need to find someone you will be comfortable working with for what could be a very long time, over very personal matters. You need to do what’s best for you. I think I can represent you as well as any other attorney, but if you’d be more comfortable with someone else, you should consider it.” Aaron hinted as hard as he could that he would understand if Cassie would rather have a woman represent her.

  “I heard you were the best.”

  Aaron inhaled deep and his chest puffed slightly. “Thank you. Did my mom refer you?”

  A light chuckle filled Aaron’s phone. “Actually, it was Joanna Channing. Then I looked you up. You have an amazing background.”

  “It’s been a crazy few years. That’s for sure.” Aaron looked at framed covers of Time and Newsweek with his picture on them. He noted Cassie Young seemed resilient. One moment her voice was meek, and a few moments later she could chuckle and banter.

  “I think it’ll help knowing how much you risked in the past to do what was right. And you always seem to win.”

  “I work hard. But really, I’m fortunate enough to represent the right side and I have amazing people helping me. So, I can’t take that much credit.” Aaron looked at his monitor, anxious to see what evidence Cassie had. “I’m ready to start reviewing your files and starting on your case. When do you think you can send me everything?”

  “In a few minutes. I’ll say goodbye so I can focus on getting everything to you.”

  “Okay, Cassie. It was my pleasure speaking with you. I’ll get back in touch soon.”

  “Thanks. Bye.”

  “Bye.” Aaron hung up the phone and felt the strange sensation of being excited about a big score and feeling sickened that he was going to profit from this woman getting raped. His guilt compounded when he realized her rapist avoided jail on an immunity deal.

  Aaron went to his email, waiting for Cassie’s documents, and wondered what on Earth could have happened to give this Brad Gecina an immunity deal. Transactional immunity deals were hard as hell to get so Jo Channing had to be a heck of a lawyer.

  Aaron brought up his address book on his computer and found Jo Channing’s number.

  “Law Office.”

  “Hey, Jo. Aaron Baker.”

  “Hi, Aaron.”

  Aaron turned off his monitor to focus. “I wanted to thank you for the referral of Cassie Young and get your thoughts about her situation. And of course, to let you know, I’ll give you the standard ten percent of my recovery as a referral fee.”

  “Um. I actually didn’t mean to refer anyone who would help sue my former client. Cassie asked who the best civil attorney was and I said you. But I’m not sure I can talk about the case at all.”

  Aaron raised an eyebrow. “Conflict?”

  “I was Brad Gecina’s attorney.”

  Aaron grunted as he scratched at his extremely short black hair. “Generally, without specifics, how did you get an immunity deal?”

  Aaron heard Jo sigh. “Sorry, Aaron, I don’t want to even talk about my former client in general with this case.”

  “Former client?” Aaron noted she said used past tense three times in thirty seconds.

  “Definitely.”

  Aaron read between the lines. Jo would like to help but she can’t because of the rules of professional conduct. “Okay, Jo. Maybe we can chat about it someday. Maybe not. Have any files you can share with me?”

  “No. But I’m sure you can get everything from the DA’s file if Cassie doesn’t have them already.”

  “Alright. I won’t bother you any more on this.”

  “Sorry I can’t help. Good luck.”

  After saying goodbye, Aaron rubbed both his hands against his head. Jo was definitely on his side, wishing him luck. Something was off. What an interesting puzzle.

  He looked at his watch. He was ahead of schedule in preparing for his next speaking event. He wanted to dig into Cassie’s case by reviewing her papers and videos. He hoped he could help make a victim feel more whole. Whole is such a strange concept after an attack. How much money does it take to feel un-raped?

  He flipped the monitor back on—nothing from Cassie yet so he let his mind wander. A few years ago, San Diego mayor Bob Filner was accused of sexual harassment. Aaron googled the story and noted one of his victims was paid six hundred sixty-seven thousand dollars for a kiss on the forehead, some unwanted compliments, some yelling and groping. Being stalked and raped had to be at least ten times as bad. On that subjective metric, six point six million would be reasonable.

  Aaron searched for high profile rape settlements. Kobe Bryant’s civil suit resolved with a confidential settlement. A professional football player was sued for a college incident that resul
ted in a confidential settlement. In that case the woman also sued the college where it happened and won nine hundred fifty thousand. This is a seven-figure case. Maybe eight. Aaron relished the high stakes almost as much as the potential payout.

  Four emails from Cassie Young popped up in his inbox. The first three contained video files and were clearly labeled parts one, two, and three. Aaron started watching the first one and turned up the speakers. He grimaced. This man, presumably Brad Gecina, sounded like he was about to rape another woman and admitted to raping Cassie.

  The fourth email contained five pdf files. All clearly labeled. Too many clients sent him electronic stacks of files, fifty screen shots of a text message string that he had to assemble into one pdf. Cassie had one string of text messages in a pdf file, another string of Facebook posts, the police report, the immunity deal, and a timeline of events written out by Cassie.

  To Aaron, it looked like this Brad Gecina guy was at the neighbor’s until three am. He went to the police station, then off to work at six. He slept in his car for a bit, then snuck out and raped Cassie at seven am. He was back in his car sometime before nine am, then went to Starbucks. Being a police officer, Brad likely knew how to set up his car so it looked like he was in it. Aaron understood how the DA wouldn’t want to prosecute the case without an admission or any hard evidence. Jo offered nothing, but was able to swing blanket immunity. Amazing.

  Ten minutes after reviewing the emails, Aaron wrote a retainer agreement for Cassie. Her organization, potential damages, and interesting high-profile case were what he needed to swing his practice back to disputes to help real people. What a perfect case.

  Chapter 14

  Jo lifted the bag with lunch to press the seventh-floor elevator button. She glanced down to confirm that the large manila envelope was still sticking out of her purse.

  She checked in with the receptionist behind the glass security wall, and Matt Terry popped into the reception area to greet her before she could sit down. After quickly and quietly escorting Jo to his office, Matt sat down. “Thanks for stopping in and bringing food. What good fortune smiles upon me today?”