Tower suppressed a smile. “Case getting to you?”
“My mother-in-law is in ICU. She needs a transplant really bad. I was going to ask you about it.”
“We do law here, not medicine.”
“But you know everybody. Don’t you have a contact to get her a kidney or two?”
Tower hesitated. “The transplant world is a universe unto itself—”
“You have someone?”
“It’s an expensive endeavor.”
“To jump to the top of the list, you have to pay somebody off?”
“No. Transactions like these are done outside of the system.”
“Not through the hospital?”
He shook his head. “No. The system frowns upon offering incentives to donors.”
“So, it’s a private transaction.”
“Exactly.”
“I saw something on TV, I think it was 60 Minutes. I’m pretty sure it was in India. They had people getting paid to donate a kidney, and people from the US and Europe would get them.”
“Something along those lines.”
“Can you put me in touch with someone?”
“I’m afraid your mother-in-law’s case is too advanced.”
“Why do you say that?”
“She’s in ICU. It requires travel, and it takes time to make the arrangements. Time your mother-in-law doesn’t have.”
“What kind of travel?”
“There are several surgery centers outside the New York metropolitan area that are supportive of matching donors and receivers.”
“She could probably handle something like that. How much time would be needed?”
“Six to eight weeks.”
“Okay. I’m going to check, I’ll let you know.”
“Have you given consideration to the self-defense plea?”
“What happened with Billy O’Rourke?”
“There’s nothing to indicate his involvement—”
“What are you talking about? The guy’s a mobster.”
“That may be, but we’re not finding evidence of it.”
“I don’t understand.”
“Our investigative team is top-notch.”
“All right, but I got the information on two men who could be involved. They’re fans who are off their rockers.”
Tower leaned back but said nothing.
Cory pulled out a handful of documents and put them on the desk. “Here’s their names and last addresses. These guys made a ton of threats against me. This Diesel guy said he was going to blow up one of my shows.”
Tower didn’t pick up the papers. “Mr. Lupinski, I think it’s time for a reality check.”
“What are you talking about?”
“I realize how difficult these circumstances are to accept, but you can’t keep digging up anyone who cursed at you over the last twenty years as suspects.”
“These people threatened me. Repeatedly.” He picked up the documents and waved them. “They put it in writing. It’s all right here.”
“We’ll look into them, but I believe it’s time you consider the plea. Time is not on our side. The trial date is rapidly approaching.”
“I know, I know. Just check into these guys. I’m telling you, they’re nasty. If they don’t check out, I’ll really think over the self-defense thing.”
“I’m afraid it’s your only option.”
Cory kept replaying Tower’s warning. It meant the lawyer either didn’t believe the names he gave him would pan out, or was it that he wouldn’t even waste resources on them? If that was the case, Cory would have to hire someone on his own.
Siren wailing, an ambulance caught Cory’s attention as it sped down Lexington Avenue. Jarred, he thought about his mother-in-law. She was just sixty-four years old. He wondered how long she’d live.
You didn’t have to know anything about medicine to understand she was at death’s door. She needed a miracle to get the transplant. Why didn’t people want to donate their organs? It’s not like they had a use for them.
Going down the subway stairs, Cory knew he was as guilty as the next person. Only after being exposed to suffering children waiting for a transplant did he decide to become a donor.
This was a fixable problem. Why didn’t the media spread the word instead of focusing on celebrities and the weather? And where was the government?
Tower mentioned an option outside the system. Was it illegal? As Cory thought it over, he realized it didn’t matter if your life was on the line. If Tower knew about something like that, it had to be safe. The question was whether his mother-in-law could survive the wait and move from the hospital to a clinic. Stepping into a subway car, Cory felt if she could, it was worth a shot.
“I’m home!”
As Cory squirmed out of his jacket, Linda came in. “How’d it go?”
“The usual. He said he’ll check into the fans, but he pushed the self-defense thing again.”
“What about that gangster guy?”
“He said there’s nothing there.”
“You don’t believe him?”
“I don’t know what to believe, but hey, I asked Tower for help getting Mom a transplant.”
“You did?”
“Yeah, he said he couldn’t do anything about the list but said the other way to get an organ was outside the system.”
“What do you mean?”
“He didn’t get specific about it, but it’s a private way of getting an organ.”
“You have to pay someone for it?”
“Yeah. Not the person directly, but remember that 60 Minutes piece we saw?”
“That was horrible. Making poor people give up their organs for money.”
“I know, but maybe this isn’t like that. Maybe they have a supply of donors, say on life support or something.”
“You think so?”
“I can find out, but she’d have to be moved out of the hospital, and it would take six to eight weeks to get one—”
“Unless she improves, she doesn’t have that kind of time.”
“We got to try, no?”
“Only if it’s from someone who’s brain-dead.”
“I agree. We can’t take advantage of someone who’s poor. Call her doctor, see if you can get them to commit to how much time she has. I’ll get more details from Tower on who the actual donor would be.”
Chapter Twenty-Six
“I’m sorry, Mr. Lupinski, Mr. Tower is very busy. He said there is nothing to report on the names you provided.”
“Tell him I wasn’t calling about that.”
“What’s the nature of the call?”
“Mention transplant to him.”
“Transplant?”
“Yes. Tell him I want to ask him a quick question on it.”
“Hold on.”
Cory cringed at the smooth jazz playing while he was on hold. It was tinny and annoying. He held the phone inches away until hearing Tower’s voice.
“Mr. Lupinski. What can I do for you?”
“I wanted to ask about the transplant arrangement you mentioned.”
“Yes?”
“How much would it cost for a kidney?”
“Two hundred thousand.”
“Wow. That’s expensive.”
“Everything is relative.”
“Where do the organs come from? A living person?”
“Of course. All donors must be alive.”
“No, I meant, is it, say, someone who needs the money or somebody who is brain-dead?”
“I don’t understand the relevance of the question.”
“We don’t want to take advantage of someone who needs money.”
“What does it matter if the person is poor or brain-dead? The fact that someone needs an organ and can get it is all you should be concerned about.”
“We don’t feel comfortable buying a kidney from a healthy person.”
“But you’re comfortable allowing your mother-in-law to die?”
�
��No, of course not. It just feels immoral paying for it.”
“We’ll see how being virtuous works out for you.”
“What does that mean?”
“Goodbye, Mr. Lupinski, I don’t have time for these kinds of discussions.”
Cory looked at his phone. “What a hard-ass.”
He trudged into the kitchen. “I talked to Tower. It’s two hundred grand for a kidney.”
“Oh my God. Where would we get that money from?”
“We can use the money we got back from the lower bail instead of saving it for when I run.”
“Run? You’re not—”
“It just came out that way.”
“What did he say about where they get the organs from?”
“He won’t say.”
“That’s not good.”
“I know. It felt like they’re paying people who need the money.”
“That’s horrible.”
“I know. We’re really going to have to think about this.”
Linda exhaled. “Why can’t Mount Sinai just get the kidneys for her?”
* * *
Cory inserted his ear pods and played a Bill Evans album. Music from the jazz pianist always helped him to think. Pushing through the front door, he wrapped a scarf around his neck and walked along the sidewalk.
Accused of murder and with Linda’s mother fighting for her life, he wondered if life could get any more complicated. He felt bad for his mother-in-law. Since his mother’s passing, she’d been a ceaseless supporter. She even threaded the needle when their marriage went through a rough patch.
Cory thought of his mother. She used to say God gave you what you could handle. He bought the line sometimes but not now.
Crossing Flatbush Avenue, the pianist tapped the same quarter note over and over. It reminded Cory of a ticking clock. He had two of them: the trial was looming, and his mother-in-law had even less time.
As hard as it was, he had to accept the reality his mother-in-law wouldn’t get the transplant. There just wasn’t enough time. She was weak, hanging on by a thread. Losing her would hurt like hell, and the kids would be devastated. But over time, they’d recover from most of the pain.
Everyone lost people they loved, especially grandparents. It was a cold fact better off accepted than fought.
But if Cory went to prison, the damage would never be undone, particularly if it was a long sentence. He didn’t kill Stein and felt the truth would come out. He hadn’t found the person framing him, but he would. The world would find out he was innocent.
Considering a trial, Cory’s confidence waned. Though it was rare, people were behind bars, convicted of crimes they never committed. Could that happen to him?
Tower was arrogant, but he sounded right when he said not to go to trial if you didn’t know what the outcome was going to be.
Chapter Twenty-Seven
Cory was about to join Linda in bed when she said, “Get the heavy blanket out of the closet.”
“Yeah, it’s cold. You think the kids are all right?”
“I put their comforters on earlier.”
Cory put the throw on and slipped under. Reaching to shut the lamp, Linda said, “We got to help Mom. I want to try the transplant thing with Tower.”
“Really?”
“She deserves a chance. I know it’s a lot of money, but I couldn’t live with myself if we didn’t try.”
“If it were reversed, she’d do it for us.”
“In a heartbeat. Plus, we got to show the kids we don’t give up.”
“I’m not saying we shouldn’t do it, but it’s a slippery slope. How do people decide when to try something and when to say no? Nobody wants to be a science experiment by doctors who don’t know when to stop treating a patient.”
Linda sat up. “You think that’s what we’re doing? That she’s a helpless cause and we’re unrealistic?”
“No, no. Not us. I’m just talking in general.”
“But you think we should do it?”
“Absolutely, we got to give her a shot. I’ll call Tower in the morning; tell him we’re going ahead with it.”
“Okay. Should we go to the bank?”
“Yeah, we’ll get the money, and I’ll take it to Tower.”
“You should make an appointment with him to make sure he has time. I don’t want to have all that money in the house.”
“If there’s cash to be had, Tower will make the time.”
* * *
Cory wore his backpack in front. He wanted to keep his eyes on the money. The Uber stopped in front of Tower’s office and Cory scooted inside.
He was whisked into the lawyer’s office. Tower smiled. “Good to see you, Mr. Lupinski. You have the funds?”
“Yeah.”
“Put it here.” Tower pointed to the center of his desk.
Cory swung the backpack off and placed it in the cleared spot
Tower unzipped the bag and took out a bundle of cash. He brushed the stack, checking that they were hundreds. He reached in and began placing them in stacks of five.
“There’s a hundred there.”
“That’s right. A hundred now and a hundred when she’s accepted at the facility. She’ll get in, there’s no doubt about it.”
“If so, you’ll get the rest, there’s no doubt about it.”
Tower’s faced darkened. He tossed the backpack to Cory. The lawyer opened up the credenza behind his desk. He punched the keypad on a safe and swung the door open. Tower put the money in and closed it.
“I’ll let you know when the arrangements have been made. Is that it for today?”
“Did the investigators get anywhere on who’s framing me?”
“Mr. Lupinski, don’t you believe I would have called you?”
“Just checking.”
“There’s nothing to suggest a conspiracy. As recommended, your best option is a self-defense plea.”
“I’ve been giving it a lot of thought. Tell me how this would work.”
“I reach out to the DA and court, informing them we’re changing our plea from not guilty to not guilty due to self-defense.”
“I thought I’d have to plead guilty.”
“In essence you’d be admitting to the murder, but it was a justified killing.”
“You think it will work?”
“I have a high degree of confidence it will.”
“How high?”
“It’s difficult to put percentages on things like this. But it should work.”
“Should? That doesn’t sound good.”
“It was a poor choice of words, but let’s not get distracted. Your options are limited. You either take a chance with a trial, hoping you’ll be exonerated, or you plead self-defense.”
“I’m not sure I understand what makes something self-defense.”
“There are five elements that justify the use of deadly force: innocence, imminence, proportionality, avoidance, and reasonableness.”
“Imminence?”
“That Stein, in this case, posed an imminent threat to you. But the overriding one here, and frankly in most cases, is reasonableness.”
“So, it comes down to me acting reasonably when he died?”
“Exactly. Now, we’ll have to go over your testimony. Make sure it’s airtight and that you stick to it.”
“You mean, create a story about what happened?”
Tower nodded.
“Stein was suffocated. So, he was attacking me, and I had no choice. I tried to stop him, and it just got too far. I didn’t know he was dead. When I left, I figured he was just unconscious.”
“You’ll need to explain why you were there and how an argument broke out and why you felt threatened.”
“I can do that.”
“I look forward to hearing the details. Once you have your, uh, version of things, we’ll bulletproof it.”
“For the DA?”
“Yes, and in case they are unwilling to drop the charges.”
; “They won’t drop the charges?”
“It’s uncertain and unlikely they would drop—”
“What? That means there’d be a trial?”
“I don’t understand your apprehension. You’re going to go on trial whether you plead not guilty or use the self-defense angle.”
“I guess so, but I thought with self-defense it would just go away somehow.”
“No, it wouldn’t disappear with a change in plea. What would change is the strategy in a trial.”
“How so?”
“The prosecution has the evidence to prove just about every element of the crime. You have a violent history with the victim, you left a threatening message on his phone, you’ve been placed at the scene of the crime, and your blood was found near the body.”
Cory sank into his chair as Tower kept talking.
“As discussed, creating doubt on each of these will be difficult and risky.”
“Okay, okay. I get it.”
“Shall I advise the court of your decision?”
“I got to speak to my wife first.”
Chapter Twenty-Eight
Cory waved to Linda, who was peering out the window. She met him at the door. “How’d it go?”
“Good.”
“Everything is set?”
“Yeah, he’ll let us know when and where we have to bring her.”
“I hope he hurries. I just got off the phone with the nurse’s station. The treatment isn’t working. She’s not showing any improvement.”
“Damn, we’re so close.”
“I know. What did Tower say about the case?”
“I hate to say it, but he made good points about a self-defense plea.”
“Like what?”
“A bunch of legal crap, but the bottom line is that it’s too risky to plead not guilty. So, it’s either I go the self-defense route or run.”
Linda’s lip quivered. “Running scares me. I know you don’t want to admit to anything, but maybe it’s the best way. What do you have to do?”
“I’d have to make up a story about what happened. You know, I went to see Stein about the tax papers, and he went off at me. I felt threatened and tried to stop him. I thought he was unconscious and took off.”
“You’d have to have all the details down.”
“I know. I’d say I was in the neighborhood teaching and figured I’d stop over, blah, blah, blah, but keep it short and sweet.”
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