Grisham, John - The Client
Page 18
Reggie parked near the front in a space reserved for visitors. She held her briefcase, and opened the door. A chesty woman with black hair and a long cigarette ignored her and listened to the phone stuck in her ear. Reggie stood before her, waiting impatiently. The room was dusty, dirty, and clouded -with blue cigarette smoke. Matted pictures of beagles adorned the walls. Half the fluorescent lights were out.
"May I help you?" the receptionist asked as she lowered the phone.
"I need to see Chester Tanfill."
"He's in a meeting."
"I know. He's a very busy man, but I have something for him."
The receptionist placed the phone on the desk. "I see. And what might that be?"
"It's really none of your business. I need to see Chester Tanfill. It's urgent."
This really pissed her off. The nameplate declared her to be Louise Chenault. "I don't care how urgent it is, ma'am. You can't just barge in here and demand to see the president of this company."
"This company is a sweatshop, and I've just sued it for two million bucks. And I've also sued Chester boy for a couple of million, and I'm telling you to find his sorry ass and get him out here immediately."
Louise jumped to her feet and backed away from the desk. "Are you some kind of lawyer?"
Reggie pulled the lawsuit and the summons from the briefcase. She looked at it, ignored Louise, and said, "I am indeed a lawyer. And I need to serve these papers on Chester. Now, find him. If he's not here in five minutes, I'll amend it and ask for five million in dam-ages."
Louise bolted from the room and ran through a set of double doors. Reggie waited a second, then followed. She walked through a room filled with tacky, cramped cubicles. Cigarette smoke seemed to ooze from every opening. The carpet was ancient shag and badly worn. She caught a glimpse of Louise's round rump darting into a door on the right, and she followed.
Chester Tanfill was in the process of standing behind his desk when Reggie barged in. Louise was speechless. "You can leave now," Reggie said rudely. "I'm Reggie Love, attorney-at-law," she said, glaring at Chester.
"Chester Tanfill," he said without offering a hand. She wouldn't have taken it. "This is a bit rude, Ms. Love."
"The name is Reggie, okay, Chester? Tell Louise to leave."
He nodded and Louise gladly left, closing the door behind her.
"What do you want?" he snapped. He was wiry and gaunt, around fifty, with a spotted face and puffy eyes partially hidden behind wire-rimmed glasses. A drinking problem, she thought. The clothes were Sears or Penney's. His neck was turning dark red.
She threw the lawsuit and the summons on his desk. "I'm serving you with this lawsuit."
He smirked at it, a man unafraid of lawyers and their games. "For what?"
"I represent Dianne Sway. You fired her this morning, and we're suing you this afternoon. How's that for swift justice?"
Chester's eyes narrowed and he looked at the lawsuit again. "You're kidding."
"You're a fool if you think I'm kidding. It's all right there, Chester. Wrongful discharge, sexual harassment, the works. A couple of million in damages. I file these things all the time. I must say, however, that this is one of the best I've seen. This poor woman has been at the hospital for two days with her son. Her doctor says she cannot leave his bedside. In fact, he's called here and explained her situation, but no, you assholes fire her for missing work. I can't wait to explain this to a jury."
It sometimes took Chester's lawyer two days to return a phone call, and this woman, Dianne Sway, files a full-blown lawsuit within hours of being terminated. He slowly picked up the papers and studied the front page. "I'm named personally?" he asked as if his feelings were hurt.
"You fired her, Chester. Don't worry though, when the jury returns a verdict against you individually, you can simply file for bankruptcy."
Chester pulled his chair under him and carefully sat down. "Please, sit," he said, waving at a chair.
"No thanks. Who's your attorney?"
"Uh, jeez, uh, Findley and Baker. But just wait a minute. Let me think about this." He flipped the page and scanned the pleadings. "Sexual harassment?"
"Yeah, that's a fertile field these days. Seems as though one of your supervisors has put the move on my client. Always suggesting things they might do in the rest room during lunch. Always telling dirty jokes. Lots of crude talk. It'll all come out at trial. Who should I call at Findley and Baker?"
"Just wait a minute." He nipped the pages, then laid them on the desk. She stood next to his desk, glaring down. He rubbed his temples. "I don't need this."
"Neither did my client."
"What does she want?"
"A little dignity. You run a sweatshop here. You prey on single working mothers who can barely feed their children on what you pay. They cannot afford to complain."
He was rubbing his eyes now. "Skip the lecture, okay. I just don't need this. There could, well, there might be some trouble at the top."
"I couldn't care less about you and your troubles, Chester. A copy of this lawsuit will be hand-delivered to the Memphis Press this afternoon, and I'm sure it'll run tomorrow. The Sways are getting more than their share of ink these days."
"What does she want?" he asked again.
"Are you trying to bargain?"
"Maybe. I don't think you can win this case, Ms. Love, but I don't need the headache."
"It'll be more than a headache, I promise. She makes nine hundred dollars a month, and takes home around six-fifty. That's eleven thousand bucks a year, and I promise your legal costs on this lawsuit will run five times that much. I'll obtain access to your personnel records. I'll take the depositions of other female employees. I'll open up your financial books. I'll subpoena all your records. And if I see anything the least bit improper, I'll notify the Equal Employment Opportunity Commission, the National Labor Relations Board, the IRS, OSHA, and anybody else who might be interested. I'll make you lose sleep, Chester. You'll wish a thousand times you hadn't fired my client."
He slapped the table with both palms. "What does she want, dammit!"
Reggie picked up her briefcase and walked to the door. "She wants her job. A raise would be nice, say from six bucks an hour to nine, if you can spare it. And if you can't, then do it anyway. Transfer her to another section, away from the dirty supervisor."
Chester listened carefully. This was not too bad.
"She'll be in the hospital for a few weeks. She has bills, so I want the payroll checks to keep coming. In fact, Chester, I want the payroll checks delivered to the hospital, just like you clowns delivered her termination letter this morning. Every Friday, I want the check delivered. Okay?"
He slowly nodded yes.
"You have thirty days to answer the lawsuit. If you behave and do as I say, I'll dismiss it on the thirtieth day. You have my word. You don't have to tell your lawyers about it. Is it a deal?"
"Deal."
Reggie opened the door. "Oh, and send some flowers. Room 943. A card would be nice. In fact, send some fresh flowers every week. Okay, Chester?"
He was still nodding.
She slammed the door and left the grungy corporate offices of Ark-Lon Fixtures.
Mark and Ricky sat on the end of the foldaway bed and looked up into the bearded and intense face of Dr. Greenway less than two feet away. Ricky wore a pair of Mark's hand-me-down pajamas with a blanket draped over his shoulders. He was cold, as usual, and scared, and uncertain about this first venture out of his bed, even though it was inches away. And he preferred his mother to be present, but the doctor had gently insisted on talking to the boys by themselves. -Greenway had spent almost twelve hours now trying to win Ricky's confidence. He sat close to his big brother, who was bored with this little chat before it started.
The shades were pulled, the lights were dim, the room was dark except for a small lamp on a table by the bathroom. Greenway leaned forward with his elbows on his knees.
"Now, Ricky, I would like to talk about th
e other day when you and Mark went to the woods for a smoke. Okay?"
This frightened Ricky. How did Greenway know they were smoking? Mark leaned over an inch or two and said, "It's okay, Ricky. I've already told them about it. Mom's not mad at us."
"Do you remember going for a smoke?" Green-way asked.
Slowly, he nodded his head yes. "Yes sir."
"Why don't you tell me what you remember about you and Mark in the woods smoking a cigarette."
He pulled the blanket tighter around him and knotted it with his hands at his stomach. "I'm really cold," he muttered, his teeth chattering.
"Ricky, the temperature is almost seventy-eight degrees in here. And you've got the blanket and flannel pajamas. Try and think about being warm, okay?"
He tried but it didn't help. Mark gently placed his arm around Ricky's shoulder, and this seemed to help.
"Do you remember smoking a cigarette?"
"I think so. Uh-huh."
Mark glanced up at Greenway, then at Ricky.
"Okay. Do you remember seeing the big black car when it pulled up in the grass?"
Ricky suddenly stopped shaking and stared at the floor. He mumbled the word "Yes," and that would be his last word for twenty-four hours.
"And what did the big black car do when you first saw it?"
The mention of the cigarette had scared him, but the image of the black car and the fear it brought were simply too much. He bent over at the waist and placed his head on Mark's knee. His eyes were shut tightly, and he began sobbing, but with no tears.
Mark rubbed his hair, and repeated, "It's okay, Ricky. It's okay. We need to talk about it."
Greenway was unmoved. He crossed his bony legs and scratched his beard. He had expected this, and had warned Mark and Dianne that this first little session would not be productive. But it was very important.
"Ricky, listen to me," he said in a childlike voice. "Ricky, it's okay. I just want to talk to you. Okay, Ricky."
But Ricky had had enough therapy tor one aay. He began to curl under the blanket, and Mark knew the thumb could not be far behind. Greenway nodded at him as if all was well. He stood, carefully lifted Ricky, and placed him in the bed.
17
Wally Boxx stopped the van in heavy traffic on Camp Street, and ignored the horns and fingers as his boss and Fink and the FBI agents made a quick exit onto the sidewalk in front of the Federal Building. Foltrigg walked importantly up the steps with his entourage behind. In the lobby, a couple of bored reporters recognized him and began asking questions, but he was all business and had nothing but smiles and no comments.
He entered the offices of the United States Attorney for the Southern District of Louisiana, and the secretaries sprang to life. His assigned space in the building was a vast suite of small offices connected by hallways, and large open areas where the clerical staff performed, and smaller rooms where cubicles allowed some privacy for law clerks and paralegals. In all, forty-seven assistant U.S. attorneys labored here under the commands of Reverend Roy. Another thirty-eight underlings plowed through the drudgery and paperwork and boring research and tedious attention to mindless details, all in an effort to protect the legal interests of Roy's client, the United States of America.
The largest office of course belonged to Foltrigg, and it was richly decorated with heavy wood and deep leather. Whereas most lawyers allow themselves only one ego wall with pictures and plaques and awards and certificates for Rotary Club memberships, Roy had covered no less than three of his with framed photographs and yellow fill-in-the-blank attendance diplomas from a hundred judicial conferences. He threw his jacket on the burgundy leather sofa, and headed directly for the main library, where a meeting awaited him.
He had called six times during the five-hour trip from Memphis. There had been three faxes. Six assistants were waiting around a thirty-foot oak conference table covered with open law books and countless legal pads. All jackets were off and all sleeves rolled up.
He said hello to the group and took a chair at the center of the table. They each had a copy of a summarization of the FBI's findings in Memphis. The note, the fingerprints, the gun, everything. There was nothing new Foltrigg or Fink could tell them except that Gronke was in Memphis, and this was irrelevant to this group.
"What do you have, Bobby?" Foltrigg asked dramatically, as if the future of the American legal system rested upon Bobby and whatever he had uncovered in his research. Bobby was the dean of the assistants, a thirty-two-year veteran who hated courtrooms but loved libraries. In times of crisis when answers were needed for complex questions, they all turned to Bobby.
He rubbed his thick gray hair and adjusted his when he would be through with the likes of Roy Foltrigg. He'd seen a dozen of them come and go, most never heard from again. "Well, I think we've narrowed it down," he said, and most of them smiled. He began every report with the same line. To Bobby, legal research was a game of clearing away the piles of debris heaped upon even the simplest of issues, and narrowing the focus to that which is quickly grasped by judges and juries. Everything got narrowed down when Bobby handled the research.
"There are two avenues, neither very attractive but one or both might work. First, I suggest the Juvenile Court approach in Memphis. Under the Tennessee Youth Code, a petition can be filed with the Juvenile Court alleging certain misconduct by the child. There are various categories of-wrongdoing, and the petition must classify the child as either a delinquent or a child in need of supervision. A hearing is held, the Juvenile Court judge hears the proof and makes a determination as to what happens to the child. The same can be done for abused or neglected children. Same procedure, same court."
"Who can file the petition?" Foltrigg asked.
"Well, the statute is very broad, and I think it's a terrible flaw in the law. But it plainly sayS that a petition can be filed by, and I quote, 'any interested party.' End of quote."
"Can that be us?"
"Maybe. It depends on what we allege in our petition. And here's the sticky part-we must allege the kid has done, or is doing, something wrong, violating the law in some way. And the only violation even remotely touching this kid's behavior is, of course, obstruction of justice. So we must allege things we're not sure of, such as the kid's knowledge of where the body is. This could be tricky, since we're not certain."
"The kid knows where the body is," Foltrigg said flatly. Fink studied some notes and pretended not to hear, but the other six repeated the words to themselves. Did Foltrigg know things he hadn't yet told them? There was a pause as this apparent statement of fact settled in around the table.
"Have you told us everything?" Bobby asked, glancing at his cohorts.
"Yes," Foltrigg replied. "But I'm telling you the kid knows. It's my gut feeling."
Typical Foltrigg. Creating facts with his guts, and expecting those under him to follow on faith.
Bobby continued. "A Juvenile Court summons is served on the child's mother, and a hearing is held within seven days. The child must have a lawyer, and I understand one has already been obtained. The child has a right to be at the hearing and may testify if he so chooses." Bobby wrote something on his legal pad. "Frankly, this is the quickest way to get the kid to talk."
"What if he refuses to talk on the witness stand?"
"Very good question," Bobby said like a professor pandering a first-year law student. "It is completely discretionary with the judge. If we put on a good case and convince the judge the kid knows something, he has the authority to order the kid to talk. If the kid refuses, he may be in contempt of court."
"Let's say he's in contempt. What happens then?"
"Difficult to say at this point. He's only eleven years old, but the judge could, as a last resort, incarcerate him."
"In other words, until he talks."
It was so easy to spoon-feed Foltrigg. "That is correct. Mind you, this would be the most drastic course the judge could take. We have yet to find any precedent for the incarceration of an eleve
n-year-old child for contempt of court. We haven't checked all fifty states, but we've covered most of them."
"It won't go that far," Foltrigg predicted calmly. "If we file a petition as an interested party, serve the kid's mother with papers, drag his little butt into court with his lawyer in tow, then I think he'll be so scared he'll tell what he knows. What about you, Thomas?"
"Yeah, I think it'll work. And what if it doesn't? What's the downside?"
"There's little risk," Bobby explained. "All Juvenile Court proceedings are closed. We can even ask that the petition be kept under lock and key. If it's dismissed initially for lack of standing or whatever, no one will know it. If we proceed to the hearing and A, the kid talks but doesn't know anything, or B, the judge refuses to make him talk, then we haven't lost anything. And C, if the kid talks out of fear or under threat of contempt, then we've gotten what we wanted. Assuming the kid knows about Boyette."
"He knows," Foltrigg said.
"The plan would not be so attractive if the proceedings were made public. We would look weak and desperate if we lost. It could, in my opinion, seriously undermine our chances at trial here in New Orleans if we try this and fail, and if it's in some way publicized."
The door opened and Wally Boxx, fresh from having successfully parked the van, catered and seemed irritated that they had proceeded without him. He sat next to Foltrigg.
"But you're certain it can be done in private?" Fink asked.
"That's what the law says. I don't know how they apply it in Memphis, but the confidentiality is explicit in the code sections. There are even penalties for disclosure."
"We'll need local counsel, someone in Ord's office," Foltrigg said to Fink as if the decision had already been made. Then he turned to the group. "I like the sound of this. Right now the kid and his lawyer are probably thinking it's all over. This will be a wake-up call. They'll know we're serious. They'll know they're headed for court. We'll make it plain to his lawyer that we'll not rest until we have the truth from the kid. I like this. Little downside risk. It'll take place three hundred miles from here, away from these morons with cameras we have around here. If we try it and fail, no big deal. No one will know. I like the idea of no cameras and no reporters." He paused as if deep in thought, the field marshal surveying the plains, deciding where to send his tanks.