But – the realization came to him in a bolt – if the attorney general was going to play hardball politics and bring a charge against Graham Russo, it wasn’t likely to be for less than first-degree murder.
Still, Hardy couldn’t very well leave his bread-and-butter corporate client and his brand-new associate together and tell them to just catch up on things. He had to sell Brunei on Michelle’s skills and competence, simultaneously giving her a chance to show off what she had – miraculously – mastered in such a short time.
As if that weren’t enough, he also felt they needed to conduct some real business, going over deposition testimony he’d taken in the past couple of weeks, squeezing hard data from the elusive Brunei. The three of them and some of Tryptech’s staff remained at it until after seven.
Then Hardy decided to stop by his own office downtown and check his messages. From the pile of slips and first four phone calls on his answering machine, all from reporters, it was immediately obvious that the Russo case had gone ballistic.
Making his delay more crucial.
He tried calling Graham at home – by now it was nine-thirty – and no one answered, not even the machine. Hardy reasoned that if his own tangential connection to the case had produced today’s volume of mail and phone calls, then Graham must have been absolutely inundated by the flood. No doubt he was lying low.
He didn’t get home until eleven-thirty, and Frannie was by then asleep. His dinner was on the dining-room table, cold.
This morning, out in the Avenues, where Hardy lived, it was more than mere fog. It was wet as rain, although for some reason the droplets didn’t fall, just hung in the air. The temperature was in the low forties and a bitter wind whipped his coat as he approached his car.
Things at home were not good.
He thought he remembered telling Frannie yesterday that he wouldn’t be home for dinner. He had never planned to be home for dinner last night. If he had told her, though, she didn’t remember it, and in all honesty he wasn’t completely certain that he had.
Though he ached with every bone in his body to be out of the house – he needed a court order and then he needed to get to Graham’s bank – he also knew he had better wait and talk to Frannie when she got back from taking the kids to school.
Which he had done.
Now, driving downtown through the soup, he wasn’t sure if he was happy or not that his wife wasn’t a nag. If she’d only yelled at him, he could have responded in kind or worked himself up a froth of righteous indignation that she didn’t appreciate all the hours he was putting in so that he could support the family, and all by himself, he need hardly remind her.
It was a grueling responsibility – the daily grind. But it was his job, and he was sorry if once in a very great while he had to miss a goddamn dinner. Some wives actually understood this.
That’s what he would have said if she’d come back in on the warpath.
But if she had lost her temper at any time last night, she’d found it by the time she talked to him this morning. She wasn’t mad, and this threw him, as she knew it would, back on himself.
Was this the way it was always going to be? She simply wanted to know, so she’d be able to deal with it. So she could be a better mom to the kids. (She didn’t say, ‘in the absence of a father figure,’ but he heard it.)
So he tried a few clichés – ‘Life is complicated.’ ‘We have different roles we’re trying to juggle.’ ‘This is just a busy time’ – but he’d ended up by apologizing. He’d try to communicate better in the future. She was right: something had to change.
Well, he thought, something already had. He’d brought on Michelle to help with Tryptech. He’d more or less committed to Graham Russo’s defense. This case intrigued him as corporate litigation never would. There was no passion for him in business law and it took all of his time, wasting him for anything else – like his family. It made him feel old.
He might – no, he would - wind up working the same kind of hours for Graham Russo, but it would be in the service of something he believed in. Maybe, at forty-five, he was finally getting down to the core of who he was.
The car behind him honked and he moved forward, then pulled over to the side of Geary Street, letting the traffic flow past him.
This was the way he always reacted when he began caring too much: he went on autopilot and ran from it. There was too much to lose. It wasn’t safe.
It was what he’d done after his son had died during his first marriage, when he was twenty-seven. Something in him decided he wouldn’t survive looking over into the chasm. He closed up and went to sleep.
He and Jane had gotten divorced, he’d quit the law entirely, and for nearly ten years he’d tended bar at the Shamrock. Drinking a lot, but rarely getting drunk. Functioning quite well, thank you, but keeping any feeling on a short tether. Sleepwalking.
Then, suddenly, Frannie. Realizing that the essence of him had nearly dried up and would surely blow away if he didn’t risk part of it, he’d started over. Fatherhood, again. Criminal law, again. Caring too much again.
What if he lost all this now, or even any part of it?
No, he couldn’t let that happen. He was at his limit of risk tolerance. It was too dangerous; it was a matter of his survival, he had to pull back.
And that’s what he’d done: gotten back to sleepwalking. Functioning, keeping too busy. He was on the run, avoiding the only kind of work he found fulfilling, maintaining a low level of interaction with his family.
It stunned him – he’d become afraid. Of change, of failure in his job, of caring too much at home.
It had to stop, he thought. He had to wake himself up. What was the point of protecting the essentials in your life – your talents, your family, your friends – if you never took the time to enjoy them? If you were already dead?
Superior Court Judge Leo Chomorro, a brush-cut, swarthy block of well-tailored muscle, was in his chambers, playing chess with his computer. He had blocked out six days for a murder trial in his courtroom, and this morning one of Pratt’s young wunderkind had forgotten to subpoena the witness he had planned to call at the start of the day. So Chomorro had a morning off, not that this had put him in an especially good humor. On the other hand, one of Hardy’s trials had been in Chomorro’s courtroom, and there was no evidence that anything put him in a good humor. Nevertheless, he was the only available judge this morning, and Hardy needed him.
He kept it short: he’d like the judge to sign a court order to look at the surveillance videotapes from Graham Russo’s bank. He explained why he needed it.
‘Why don’t you use a subpoena?’ the judge asked him.
‘I can’t. There’s no case pending.’
‘So what jurisdiction do I have to issue this order? Who am I to tell the bank what to do? I can’t issue an order any more than you can issue a subpoena.’
‘Your Honor.’ Hardy laid on the respect. ‘The bank doesn’t care about the tape. All they need is paper to cover themselves. If you sign this, no one will ever object. If you don’t, important evidence in this case could be lost because the police don’t want to preserve it.’
Chomorro snorted. ‘They shouldn’t care either way.’
Hardy nodded. ‘Should is the operative word there, Judge.’
‘You think this one’s going to get hot, don’t you?’
Another nod. ‘It’s smoldering already. That’s why I need the order now. I don’t know how long they save the tapes. If it’s a week, maybe I’m already too late. I need last Friday’s.’
Chomorro reviewed the order that Hardy had printed out from the word processor in his office.
‘To: CUSTODIAN OF RECORDS, Wells Fargo Bank, Haight Street Branch.
‘GOOD CAUSE APPEARING THEREFORE, you are hereby ORDERED, upon receipt of reasonable payment therefore, to surrender to Dismas Hardy, counsel of record for Graham Russo, copies of surveillance videotape film for the dates May 9-13, inclusive.’
Belo
w the date was a line for the judge to sign, and this he did, looking up when he was finished, handing over the paper. ‘I haven’t seen you around here in a while, Mr Hardy. You been on vacation?’
Hardy kept it light. ‘Just waiting for the right case.’
Chomorro nodded. ‘Looks like you found it.’
Graham had his telephone and answering machines unplugged, but in New York on Thursday afternoon a senior editor at Time - Michael Cerrone – convinced his boss that the Russo story in San Francisco was a potential cover. On Friday at one-twenty, shivering in the wind and fog – even up on Edgewood – Cerrone knocked on Graham’s door and introduced himself. He had his photographer with him.
‘Time magazine?’ Graham said. ‘You’re kidding me.’
Cerrone had seen this response before in people whom fame had sledgehammered. He proffered his credentials.
‘This is so unreal,’ Graham said. ‘Here I just come home from getting laid off and now you want to take my picture for Time magazine?’
Cerrone wasn’t much older than Graham, though he looked even younger, with dark hair to his shoulders and an open, inviting smile. In jeans, hiking boots, and a bright blue parka, he was the farthest thing imaginable from a threatening big-city media type. He showed his teeth, grinning. ‘Hey, I know it’s not Rolling Stone, but I’ll buy you a beer.’ Then, more seriously, ‘Who laid you off? How come?’
Graham explained it. His employers had no complaints about his work, but due to all the publicity, they’d gotten several phone calls. Potential customers didn’t seem all that thrilled with the idea that their sick patients would be riding in an ambulance with a paramedic who might help them end their suffering. After all this blew over, the ambulance company might reconsider bringing Graham back on, but until then…
‘That sucks,’ Cerrone said sympathetically. ‘Don’t you want to tell your side of it? You’ll never get a better chance.’
Graham Russo thought about it for a couple of seconds, then told Cerrone he might as well come on in out of the cold, bring his photographer in with him.
The manager of the Wells Fargo branch – a cooperative woman named Peggy Reygosa – was inclined to comply promptly with Hardy’s court order. She wasn’t about to let go of the originals, however, but arranged with the bank’s custodian to make copies for Hardy. Yes, of course she’d tell him to be extremely careful not to erase the originals until he’d checked over the copies.
In her corner cubicle Ms Reygosa assured Hardy that the front entrance to the bank, where the video camera was mounted, was the only way into and out of the building, even for employees. She called in her custodian and asked him to get to work copying the tapes right away. ‘But if you wanted to see when Mr Russo last accessed his box, you should also check the sign-in form. Nobody gets inside their box without signing in.’
‘Even if they have their own key?’
She shook her head. ‘No. It takes two keys – yours and ours – and your signature. The inspectors who were in on Tuesday, they’ve already made a copy of the sign-in sheet. Would you like to see it?’
Bleary eyed, feeling stupid and finessed – he really was out of practice – Hardy told the manager that it would be nice. She got up and returned a couple of minutes later.
It wasn’t much of a formal document, just an oversized page with the bank’s logo on the top, vertical lines intersecting the signature and date lines below, so that each signatory had an individual box. A bank officer had a stamp, which was initialed in the first box, then there was the date, then the signature, and finally the time.
Ms Reygosa came around to peruse the sheet over Hardy’s shoulder. On the line above Graham’s every box had been filled in. Hardy couldn’t make out the name – Ben something – but he’d accessed his box on 5/8, which was Thursday, at 4:40 P.M. A bank officer with the initials A.L. – ‘That’s Alison Li’ – had signed Ben in.
On Graham’s line, Li had initialed her stamp again, but beside that there was only a signature, no time or date. ‘How did this happen?’ Hardy asked. ‘What does this mean?’
It was evidently the first time that Ms Reygosa had studied the document. She straightened up, surprising Hardy by laying a hand on his shoulder, and told him she’d be right back.
While she was gone, he went back to the list. Below Graham, order had once again been restored. On 5/10 – Saturday, he realized – at nine-fifteen, a Pam Barr had signed in. In all there were eight lines below Graham’s through Tuesday night. But there were no names at all for Friday.
He put his hands to his eyes and rubbed them, wondering why nothing was easy. When he looked up again, Ms Reygosa was back with a diminutive, terrified young Asian woman. ‘Alison’ – the peppy friendliness had disappeared – ‘this is Mr Hardy, and I’d like you to explain to him how Mr Russo signed in for his safe deposit box without either a time or a date.’
Hardy smiled, trying to put her at ease, but it didn’t seem to work. She stared at the sheet for what seemed an eternity. ‘I remember this. I reminded him about the date and time.’
Hardy kept his voice neutral. ‘But you didn’t see him write them in?’
‘Obviously, no. As you can see, he didn’t.’ She threw a glance at Ms Reygosa, stammered to Hardy, ‘We stamp, you know, after we check the signature, then go into the room with the customer, with our key.’
‘And the customer writes the date and time?’
‘Sometimes. Sometimes I do it.’
‘But neither of you did on this occasion?’
She indicated the sheet. ‘As you see,’ she repeated. ‘Mr Russo, he was in a hurry. He signed and I remember I even said not to forget to put the time, and he smiled like he does, said he’d get it on the way out. He’d remember. But he didn’t, and I must have gotten busy, so I guess neither did I. It seemed like he was anxious to get inside, like he was nervous. He had a briefcase with him.’
I’d be nervous, too, Hardy thought, if I were carrying around fifty thousand dollars in cash. But Hardy had no desire to keep cross-examining the woman. He didn’t want to antagonize her, since if Graham did go to trial, which he considered all but certain, he would be questioning her then. ‘Do you remember what day this was, Ms Li, Thursday or Friday? You said it was near the end of the day. Do you remember the time?’
She was biting her lip, thinking hard. Finally, it seemed to come to her. ‘It was the afternoon. Thursday or Friday, though, I can’t be sure.’
Hardy pointed down at the sign-in document again. ‘Do you remember if it was right after this man, Ben somebody, came in? You signed him in, too, at twenty minutes to five.’
She pondered for another long moment. In his desperation Hardy gave her a hint. ‘No one else signed in on Friday. Mr Russo would have been the only one that day. Does that seem right?’
The poor woman was on the verge of tears. Another glance at her boss, Ms Reygosa, didn’t help. Alison was trying to give Hardy the information he wanted, give him the right answer, but she didn’t know exactly what it was.
Hardy pressed further. ‘You said you thought it was the afternoon, Alison. Did it feel like it was after three o’clock? Mr Russo went to work at three on Friday.’
Suddenly her face cleared, and she let out the deep breath she’d been all but holding for five minutes. ‘Oh, yes, then, it must have been Thursday afternoon. Thursday, I’m sure of it. Near the end of the day.’ She pointed down at the sheet. ‘Maybe we should write it in now that we know?’
Since the inspectors had already copied the original of this document, Hardy – gently – allowed as how that might not be an inspired idea. They should just leave it as it was.
Hardy’s errand at the bank had, he thought, been supremely worth it.
As it turned out, the Haight Street branch did erase their tapes on a ten-day cycle. Hardy got his copies and spent most of the rest of the afternoon watching television in his living room, the front door of the bank as people came and went. After getting his beari
ngs he got so he could fast-forward until someone appeared in the doorway, stop the tape, determine it wasn’t Graham, and move on. In this way he got through viewing three days of the most boring video he’d ever watched in a little over five hours.
Perhaps it wasn’t conclusive, but at least once he’d seen his copies, he had a good argument that Graham Russo hadn’t entered this bank from the time of his father’s death on Friday until he was arrested on Wednesday morning. If a jury believed this, then it would indicate that Graham did not kill his father to get the money. He already had the money and the baseball cards before his father was dead.
During the same viewing period, Hardy’d had no trouble identifying Evans and Lanier when they’d come in to check the safe deposit box.
Glitsky, Assistant AG Art Drysdale, and San Francisco coroner John Strout sat around the latter’s desk in his office behind the morgue. All around them Strout’s collection of murder weapons under glass, from medieval torture devices to guns and knives, lent a humorous, macabre air to their surroundings, but the three men weren’t joking now. Between them they had assembled the foundations for hundreds of murder cases, and yet their respective roles were not necessarily complementary.
Glitsky and Drysdale – the cop and the prosecutor – viewed themselves as true allies. They found and interpreted evidence with the mutual goal of proving that a particular person had committed a crime. They did different work, but it was toward the same end.
Strout, on the other hand, jealously guarded his independence and his objectivity. He was a scientist. If his discoveries helped Glitsky and Drysdale – and they often did – then so be it. But he had no ax to grind. He did not consider himself a lawman, an officer of the court, anything like that. His job was to rule on cause of death. Speculation did not enter into it, nor did politics. If he didn’t know, he said he didn’t know, and vice versa.
At this moment, behind his desk, Strout’s normally unflappable Southern style was being put to the test. Drysdale had decided he wanted to be sure he had Strout’s support in calling the homicide of Sal Russo a murder, and he’d enlisted Glitsky to come down as moral support.
The Mercy Rule Page 13