Supreme Justice

by Phillip Margolin

  For a moment, Dana toyed with the idea of following Bergstrom and taking him out. But the plan was far too dangerous, considering what she'd just seen. Dana backed into the shadows in the alley and checked the DVD. She'd turn it over to Keith Evans and let him get the credit for catching the man who'd killed one of the most powerful men in the country.

  Chapter Sixty

  Brad Miller walked into the chambers of Justice Moss and found her slumped in her chair, looking exhausted. He wasn't surprised. A normal term of the Court was demanding. Any case the justices decided affected not only the litigants but thousands of people who were not participants in the case. Just think Roe v. Wade or Miranda v. Arizona. When you added murder to the equation, it was easy to see why the justice's nerves were frayed.

  Two weeks had passed since the fight in the judge's chambers that had resulted in Millard Price's death. That incident had to share top billing with the murder of ex-CIA director Dennis Masterson. When Exposed broke its story about the involvement of the Two Amigos in the China Sea affair, no other news story had a chance of stealing a headline.

  "You wanted to see me?" Brad said.

  "Sit."

  Brad took the chair Justice Moss indicated.

  "I just got back from the cert conference. The vote to grant cert in Sarah Woodruff's case was unanimous. From the way everyone was talking, there's an excellent chance that we're going to send Sarah Woodruff's case back for a new trial."

  "That's terrific!"

  "It's not official yet that we're granting cert, so keep this between us, but I thought you and Dana Cutler had a right to know."

  "Thank you."

  "You're owed a lot more than a heads-up about the outcome of a case, Brad. Sarah Woodruff and I owe our lives to you."

  Brad didn't know what to say, so he said nothing.

  The judge closed her eyes and pressed her fingers to her eyelids. When she opened her eyes, she sighed.

  "I've always known that I was getting old, but I haven't felt old until this term. I don't know how much longer I can take the pace."

  "You're not thinking of quitting, are you?" Brad asked, tamping down the alarm he felt at the possibility that the Court could be deprived of a great legal mind.

  "There's a strong possibility that I won't be back next term."

  "Don't quit. You say that Dana and I saved Sarah Woodruff, but that's not entirely correct. If you hadn't stood up for her, she would be facing execution. You're a hero to me and a lot of other people. And I don't mean just because of Woodruff."

  Moss smiled. "That's touching, Brad, and I'm not going to make any rash decisions, but I don't think I could take another term like this."

  Brad laughed. "If that's what you're worried about, you're going to be on this court for a long time. I can't imagine that there will ever be another term of the United States Supreme Court like this one."

  Brad, Ginny, Dana, and Jake were in a festive mood when they met for dinner at Michelangelo's, an Italian restaurant a few blocks from the offices of Exposed where Patrick Gorman ran a tab. The bill was being picked up by Gorman to show his appreciation for everyone's help in breaking a political scandal as big as the Farrington affair. He was already talking about a second Pulitzer, but what made him really giddy was the new advertising revenue from large corporations that used to use his newspaper to collect parakeet droppings.

  "I have an important announcement," Brad said as soon as they'd made their wine selection. "Now this is hush-hush until tomorrow. Justice Moss just told me this in confidence an hour ago. So I need your blood oath that you'll keep it between us." Brad looked directly at Dana. "No spilling the beans to Mr. Gorman. Swear?"

  Dana forced herself to look solemn and crossed her heart.

  "So, give," Ginny said.

  "They're granting cert in Woodruff, and her read is that the case will probably go back for a new trial."

  Everyone applauded.

  "The judge thinks there's a majority who want to rule that a defendant's need for exculpatory evidence trumps concerns of national security in a case where the defendant is facing the death penalty. Of course, a lot can happen between now and when the case is decided."

  "I wonder if the DA will try Sarah again," Ginny said.

  "It'll be a tough case to win with all the doubt that the evidence about the China Sea will cast over the State's case," Dana said.

  "And there will be all sorts of adverse publicity about the CIA smuggling drugs and Masterson trying to kill Supreme Court justices to hush up what happened," Jake said. "If I was the defense attorney, I'd argue that people who would kill a judge on our high court would think nothing of killing that guy Finley."

  "An argument I'm sure Mary Garrett is crafting as we speak," Dana said.

  Ginny cleared her throat. "Mr. Miller isn't the only person with breaking news. I know a thing or two also."

  "Give," Jake said.

  "Tomorrow, Audrey Stewart is going to take her name out of consideration for a spot on the Court for . . ."

  Instead of finishing her sentence, Ginny gestured to her friends.

  "Health reasons," they said in unison, before breaking into laughter.

  "How did you guess?" Ginny asked with a cynical smile.

  "I can't believe President Gaylord nominated Stewart in the first place," Brad said. "There were so many other worthwhile candidates."

  "Yeah, but none of them had Dennis Masterson backing them," Ginny said. "There were rumors around the office about a late-night visit by Masterson to the White House. I'm guessing a lot of dirty secrets died with our senior partner."

  "Secrets powerful enough to force the president to nominate Audrey Stewart to the Supreme Court?" Jake asked.

  Dana cast her lover a look of pure scorn. "Grow up, Mr. Teeny. The guy was the head of the CIA. He probably knew what kind of underwear you buy."

  "Mine are pretty dull, but yours . . ."

  Dana slapped Jake playfully, and everyone laughed just as the waiter arrived with the wine Dana had ordered. Dana didn't know that much about wine. She'd just ordered the most expensive bottle on the wine list because her friends deserved it and Patrick Gorman could afford it.

  Dana raised her glass. "To Sarah Woodruff," she said when everyone's glass was full.

  "And Felicia Moss," Brad added.

  "Amen," everyone said.

  Part VII Subpoenas

  2012

  Chapter Sixty-one

  A month and a half after the shootout at the Court, the China Sea was off the front page and Dana Cutler's life was back to normal. One of the jobs that Dana's work on the Woodruff investigation had disrupted involved the defense of an investment banker who had been indicted in a white-collar fraud case. Dana had spent the day in the defense attorney's office briefing him on her investigation and advising him on the witnesses and documents that had to be subpoenaed for trial. The meeting had broken up late, and Dana was so tired that she'd worried about having an accident driving home. A sound bite on the news about the hunt for Thomas Bergstrom woke her up.

  An hour after Dana had given Keith Evans the video of Bergstrom murdering Dennis Masterson and his driver, the FBI had raided Bergstrom's house. They were too late. Bergstrom's wife and children were there, but Bergstrom had disappeared into the ether. So far, the radio announcer said, the international manhunt had not turned up a single clue to The Swede's whereabouts.

  Bergstrom's disappearance was one of the few setbacks in the investigation into the violence at the Supreme Court and the mystery surrounding the China Sea. Cheryl Fortier--the woman who had impersonated Harriet Lezak--was talking as fast as she could in hopes of staying off death row. In addition to clearing up the roles of Millard Price and Dennis Masterson in the sordid affair, Fortier had told the FBI that Dave Fletcher, the night watchman, had been killed soon after Oswald and Swanson left the dock, and his body had been dumped at sea.

  Jake was sound asleep when Dana tiptoed into their bedroom. She dropped her cl
othes where she took them off and went into the bathroom to wash up. Dana had stopped thinking about Bergstrom and the China Sea by the time she arrived home. While she flossed, her thoughts turned to her boring day and the stacks of subpoenas with numbers and names and addresses she had helped write. Suddenly mental tumblers clicked into place in the recesses of her brain, and she grew cold.

  As soon as she finished in the bathroom, Dana fixed herself a cup of strong coffee. Then she went to her home office and worked out the logical inferences of her brainstorm. Dana booted up her computer and checked her notes from her visit to Portland. The name she wanted was buried in them. Dana checked the time. Washington, D.C., was three hours ahead of Oregon, so there was a chance she could catch the person she needed to talk to before she went to sleep. Dana dialed information and breathed a sigh of relief when the operator told her that LuAnn Cody's number was listed.

  "Ms. Cody, my name is Dana Cutler, and I'm calling from Washington, D.C.," Dana said as soon as they were connected.

  "D.C.?"

  Dana could hear the confusion in her voice.

  "I'm a reporter, and my editor wanted me to fact-check a story we're going to run in the paper that involves the Multnomah County District Attorney's office."

  "I don't understand. What kind of story? I'm a secretary. Shouldn't you be talking to one of the attorneys?"

  "No. I had a very nice meeting with Monte Pike when I was in Portland a while back. Your name was mentioned, and I wrote it in my notes, but I've misplaced them. So I wrote the paragraph from memory, and then I wasn't certain I got it right. That's why I'm calling, to make certain that we print what really happened."

  "I still don't know why you need to talk to me."

  "Right, I'm sorry. I should have explained. Mr. Pike mentioned that you were Max Dietz's secretary. This detail has to do with the day he disappeared. We want to be accurate when we print something. Like your name. I have it down as L-U-capital A-N-N, no space. Is that right?"

  "Yes. But what did you want to know about Mr. Dietz? I mean, I'm not sure I should be discussing him with a reporter without asking one of the attorneys."

  "Well, I'll ask you the question. If you don't feel comfortable, I can give you my number, and you can call back after you talk to someone. Is that fair?"

  "I guess. What do you want to know?"

  "OK, I wrote that the last time anyone saw Mr. Dietz, he asked for some subpoenas, you typed them for him, he took them and left the office, and he wasn't seen again."

  "No, that's not what happened," Cody said. "I didn't type them. Mr. Dietz just asked me for several subpoenas, and I gave him blanks, and he took them into his office."

  "Wouldn't you have typed them normally?"

  "Yes, but he didn't ask me to that time."

  "Thanks. I'll change that." Dana paused as if she were making a note. "You don't happen to know why he wanted the subpoenas, do you?"

  "No, he never said."

  "Well, thanks a lot. Sorry to take up your time, but I wanted the story to be accurate."

  "Has anybody figured that out, what happened to Mr. Dietz?" Cody asked.

  "Not that I know. But I'll let you know if I learn the truth about his disappearance."

  Dana hung up and stared into space. She worked everything through twice more to make certain she wasn't fooling herself. Of course, she could be wrong, and her flight to Oregon could be a waste of time. Even if she was right, it was highly unlikely that she would be able to find the proof she needed. But she had to try, so she called the airlines and bought a round-trip ticket to Portland.

  Chapter Sixty-two

  It was raining in Portland when Dana's plane touched down, but it always rained in Portland, so she didn't read the foul weather as an omen. Dana drove her rental car to the hotel where she'd stayed on her last visit to the City of Roses. After she checked in, she headed for Mary Garrett's office. While she walked, she debated the morality of what she was about to do, a debate that had begun to rage as soon as she'd hung up the phone after speaking with LuAnn Cody. If she went through with her plan, she might learn the truth, but a murderer might go free. If she used deceit to get what she wanted, justice might be served, but she would have to betray a trust.

  Mary Garrett rarely greeted visitors at the door to her office because their height disparity became apparent as soon as they met, but she made an exception for Dana Cutler.

  "Come on in," Garrett said when her secretary showed Dana in. "I can't thank you enough for the work you did for Sarah."

  Dana's features didn't betray the guilt she felt. "I just wrote the stories. You wrote the petition for cert."

  "I have no doubt that your expose had a lot to do with cert being granted."

  "Since the justices never reveal their reasons for granting cert, we'll never know how much influence Exposed had on their decision. What matters is that there is a good chance you'll get Woodruff's case reversed."

  Garrett motioned Dana into a client chair and took one next to her.

  "You were mysterious on the phone about why you're visiting," Garrett said. "What's up?"

  "I have a strange request, Mary."

  "Let's hear it."

  "I want you to hire me as an investigator in Sarah's case. It won't cost you anything. I'll charge you one dollar."

  Garrett cocked her head to one side. "Why do you want to be my investigator?"

  "To protect your client. I may have figured out something about her case, but I won't know if I'm right until I examine the contents of Max Dietz's office. When I was here last, Monte Pike told me it's in the evidence room because Mr. Dietz's case is still open. I could have gone to Pike with my suspicions, but I'm more interested in seeing if I'm right than helping either side in this case."

  Garrett wasn't smiling now. "You have me thoroughly confused," she said.

  "Good. If I'm right, the less you know about what I'm thinking, the better off you and Woodruff are."

  "I don't like this."

  "I don't expect you to. Think of it this way: If Monte Pike is with me when I examine the evidence, he can use anything incriminating I discover against your client. But the attorney-client privilege will shield me from his questions if I'm Sarah Woodruff's agent. So, will you get me into the evidence room?"

  Chapter Sixty-three

  Monte Pike was puzzled by Mary Garrett's discovery request. Why would she want to inspect the evidence gathered by the police in Max Dietz's case? Garrett's secretary had left the DA's office as soon as she delivered the motion for discovery, so Pike didn't get a chance to question her. He assumed she wouldn't know why her boss had filed the motion anyway and wouldn't tell him anything if she did. That left a mystery for Pike to solve, but he loved puzzles. Unfortunately, he had no clue to the solution of this one, and the only conclusion he drew was that Garrett suspected a connection between Max's disappearance and Sarah Woodruff's case. Pike had no idea what that connection might be when he called Garrett and told her that the evidence would be in a conference room in the DA's office whenever she wanted to examine it. He had asked what she was looking for, but Garrett had given him a polite version of "That's for me to know and you to find out," so he was no wiser when Garrett broke their connection.

  The next day, another mystery presented itself when Dana Cutler followed Mary Garrett into the conference room. Pike flashed a bemused smile.

  "What a pleasant and unexpected surprise. But I'm afraid reporters aren't allowed to look at evidence in an ongoing case, no matter how famous they may be."

  "Cutler's my investigator, Monte," Garrett said.

  Pike looked perplexed and could see that Garrett was pleased by his obvious confusion.

  "I guess I could ask if Ms. Cutler is licensed in Oregon," Pike said, "but you'd find some way around that."

  Mary started to say something, but Pike held up his hand.

  "I'm fine with Ms. Cutler helping the defense as long as she promises that she won't report about anything she sees th
at is not public record."

  Mary turned toward Dana.

  "I'm fine with that," Dana said.

  "OK, then." Pike pointed to one of the DA's investigators who was sitting in a corner of the conference room. "Bob Hunsacker is here to keep an eye on you."

  "Hey, Bob," said Garrett, who knew the investigator.

  "Ms. Garrett," he answered with a nod.

  Pike took another hard look at Dana. Then he shook his head.

  "Do either of you ladies want some coffee?" Pike asked.

  "I know how bad your office coffee is, Monte," Mary said. "Just the offer is enough for a prosecutorial misconduct charge."

  Pike laughed. "Have fun," he said before closing the door behind him.

  Mary had tried to get Dana to tell her what she was looking for, but Dana insisted that the lawyer couldn't be hurt by what she didn't know. Dana suggested that Mary go through the evidence as if she did know why they were there. Dana could see that Garrett was annoyed, but she was relieved when Woodruff's attorney decided to play along.

  Brown cardboard boxes were stacked on the conference table and the floor. There were Magic Marker notations indicating where the contents of each box had been found. Dana started with the boxes filled with evidence taken from Dietz's house so Hunsacker would not be able to figure out what she was doing. She knew that Pike would get a full briefing on what Hunsacker had seen as soon as she and Mary were gone.

  One hour and fifteen minutes after Dana started, she opened the first box she actually wanted to examine. It held the contents of Dietz's office desk. She wasn't disappointed when she found nothing of interest. The real object of her search was a plastic trash bag that held everything that had been found on Dietz's desk. Dana's heart beat rapidly as she unwound the tie that secured the neck of the bag and emptied the contents onto the tabletop.