Adv04 - The Advocate's Dilemma

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by Teresa Burrell


  “Have a seat. What can I get you?”

  “I’ll have a Midori Margarita.”

  Dave signaled for the bartender, ordered the margarita and a Coors Light, and then sat down next to Sabre. “I’m glad you came.”

  She looked at him sternly. “This is not a date.”

  “It’s close enough,” he smiled.

  “Don’t make me regret this,” she said.

  He winked at her. “I promise you won’t.”

  “I need to talk to you about Dana.”

  Dave looked at the time on his phone. “Three minutes and twenty-four seconds.”

  “What?”

  “I had a wager with myself. I gave you less than five minutes to start talking shop. You were way under, so I win.”

  She laughed. “The wager was with yourself. You win either way.”

  “But I’m a winner because I made you laugh and you look pretty stressed.”

  “It’s been a rough day, and thank you for the drink. It’s just what I need.” She took a sip of her margarita. “But that doesn’t get you off the hook. I still have some questions about your client.”

  “Any I’ll be able to answer?”

  “Probably not.”

  “But yet you’re here.” A devilish smirk passed his lips. “Okay, let’s get the shop talk over with and then we can just relax. What’s your question?”

  Sabre sighed. He was impossible and incredibly witty, traits she appreciated in a man. “Look, I’m absolutely certain Bob didn’t kill Foreman and I’m equally certain Bob wasn’t having an affair with Dana. Does she still maintain they were?”

  “I’m afraid so.”

  “Does she understand that could implicate her in the murder as well?”

  “I’ve explained all that to her.”

  “So why would she lie about it?” Sabre asked.

  “Exactly. Why would she?”

  “At first, I thought she was running a scam on Bob and thinking she could sue him or blackmail him, but that doesn’t make sense if he goes to prison. Besides, why would anyone go after a juvenile dependency attorney? We’re probably the lowest paid attorneys around.”

  “Easy access, maybe. You guys are always setting yourself up for problems, given the way you go out on a limb to help your clients. Bob drove her to the hospital. He delivered papers to her house.”

  “Are you saying she’s setting him up for some scam?”

  He shook his head. “No. I’m not saying that at all. I don’t know whether Bob killed my client’s husband or not. I, like you, don’t want to see an innocent man convicted of any crime, least of all murder.” He placed his hand on her arm, looked her directly in the eye, and in the most serious tone Sabre ever heard him speak said, “I’m not saying my client has told me anything. I’m not saying I know who killed George Foreman. I’m just saying that if you are convinced Bob and Dana weren’t having an affair, you need to ask yourself why she would say they were. Why would she lie?”

  “Because she’s a druggie and druggie’s lie.”

  “Think outside the box.”

  She gave him a puzzled look. “Okay.”

  He smiled at her. “Can we stop with the shop talk now? I’d like to start our date before we miss the sunset.”

  Sabre’s voice rose, getting the attention of the other six people in the bar. “We’re not on a date.”

  Dave looked out into the small bar at the small crowd, lifted his beer bottle to them, nodded, and mouthed, “We’re on a date.”

  Chapter 45

  Sabre met JP at the court for Bob’s arraignment. Jerry Leahy informed them just before they entered that the DA had charged him with second degree murder. They all knew that gave Bob a better chance of getting bail. Sabre was aware that most murder defendants don’t get bail, especially if the charges contain what they call “special circumstances.”

  Sabre was sitting next to Marilee and heard her gasp when they brought Bob in for the arraignment. He was attached by chains to four other prisoners. They shuffled in and the two sheriffs directed them to a bench behind a glass wall to the left of the defense table. Sabre knew what to expect and should have prepared Marilee for this unnerving sight. She squeezed her hand.

  The court heard several cases before Bob’s was called. Finally the court clerk said, “In the case of Robert A. Clark.”

  Jerry stood up and introduced himself. The DA argued against bail and Jerry argued Bob’s connections to the community, his family ties, and his lack of any previous record. The judge listened to both sides and made his order. “Bail is granted in the amount of four million dollars.”

  “Thank you, Your Honor,” Jerry said.

  Sabre breathed a sigh of relief that bail had been set, although she was frustrated at the amount. At ten percent Bob would have to come up with $400,000. She wasn’t certain what equity Bob had in his house but she knew it wasn’t that much and he didn’t have a lot of cash in the bank.

  Jerry walked back to where Sabre and JP were sitting. “Come with me. They’re taking Bob to an interview room so we can talk with him.”

  Jerry looked at Bob’s wife. “Marilee, it’ll be a little crowded, but you’re welcome to come with us if you’d like.”

  “No, thank you. I need to pick Corey up at school. I’ll see him later.”

  Sabre, JP, and Jerry walked over to the Central Jail and took the elevator to the fourth floor. They traversed several hallways until they came to the window and signed in. Then they passed through a door that locked behind them into a small area. A control person buzzed them in and the second locked door opened. They passed the visiting area for the public. Sabre peaked in. There were four cubicles. The inmates were behind glass where the visitors couldn’t pass them anything. Alongside those rooms was another series of four cubicles for the attorneys and other professionals to visit with their clients.

  Sabre said, “I noticed these rooms have bars instead of glass like the public visitation rooms have. That’s different than juvenile court.”

  “There are many times when we have to give our clients some paperwork or obtain a letter or something from them. It makes it a lot easier.”

  They passed the first three cubicles and entered into a room with a door at the far end. The five-by-six-foot room was a little crowded with all three of them in it and two chairs. On the other side of the bars was about the same amount of space. It contained a small, attached bench and a door. The walls were all bare. They were only in there a few minutes when Bob was brought into the room.

  He smiled at the group. “You look like a cage full of monkeys.”

  Jerry chuckled. “It’s all about perspective. So, we have the bail set, but it will cost you $400,000. Do you want me to call a bail bondsman?”

  “Heck no. That’s Corey’s college education.”

  Sabre hadn’t even considered that Bob wouldn’t post the bail. “Bob, I’ll help you. I have some money saved.”

  “I have a little, too, Bob. You’re welcome to it,” JP said.

  Bob shook his head. “No. I appreciate it, but I’m not willing to waste that kind of money. You three just need to find a way to get me out of here for good.”

  “Are you sure?” Jerry asked.

  “Yes, I’m sure. Thanks, Jerry, for trying. Maybe if it had been a million I would have considered it, but it’s just too much. I don’t have it, and even if I did, I wouldn’t be willing to pay that much to the surety company.”

  “It’s your choice,” Jerry said. “I’ve got to run.” He turned to Sabre and JP. “Are you two staying a while?”

  “Yes,” Sabre said. “We were going to do some brainstorming at my office, but we’ll do it here instead. We need Bob’s help.”

  “I’ll walk out with you, Jerry. I need to retrieve some things from the car.” JP opened the door and Jerry followed him out.

  JP returned with a whiteboard that he propped up on an easel in the tight area behind the two chairs in the cubicle, positioning it so Bob co
uld see it through the bars. The board contained all the suspects for George Foreman’s murder listed in JP’s perfect handwriting. Another spot had all the facts about which they still had questions.

  Sabre added a few comments to the board and then sat down and stared at the board. The answer had to be somewhere on there, unless the killer was someone else they hadn’t considered who had a grudge against Foreman. She couldn’t think about that right now. She had to concentrate on what they had. She thought about what Dave Carr had said Saturday night about Dana.

  She looked at JP. “Why do you think Dana lied about having an affair with Bob?” she asked.

  “Because she’s a stupid, lying bitch,” Bob answered.

  “Obviously, but what did she have to gain from saying that?”

  JP shook his head. “Let’s back up a little and start with the missing keys.” He directed his question at Bob. “Since you never found your keys and the killer didn’t break in, he or she must have used your keys. Who had access to them?”

  Bob thought for a minute. “I know I had them when I met with Dana and George in your office because I used the key to open the door. And I used it to lock up when I left so it wasn’t taken then. I think the last time I remember having my keys was the Wednesday before Foreman was killed. I met with Dana that afternoon in my office.”

  “Was George with her?” JP asked.

  “No. She was alone.”

  “So, the only one connected to Foreman who could have taken your keys was Dana, right?” JP said, as he wrote “Bob’s Keys” on the whiteboard under her name. “Let’s assume for now she took the keys. What other evidence doesn’t make sense?”

  “Why Foreman had the address of Bob’s mother-in-law in his pocket.”

  “Do you think he could have been following Dana or me?” Bob asked.

  “Why do you ask?” JP said.

  “Because I gave Dana a ride to her parenting class that same day my keys disappeared, but I stopped at my mother-in-law’s house on the way to drop something off for Marilee.”

  JP scowled at Bob. “You what? You never told me that.”

  “I forgot I even did it until right now. I didn’t go inside. I just put the bag on the porch and left.”

  “It looks like George was following one of you,” JP said. “He must have jotted down the address to use later. Let me guess: You left a cigarette butt behind there as well.”

  Bob shook his head. “No, I don’t think so.”

  “Well, he picked up one of your butts somewhere and saved it to use later,” JP said.

  “To blackmail Bob,” Sabre added. “Which means he was probably working with Dana on a scam. Foreman was either following them because he didn’t trust her or was just helping to gather material. And then he was killed before they pulled off the scam.”

  “Which means either Dana killed him or someone who had nothing to do with their little plan intervened,” JP said.

  “So why would Dana tell the police we were having an affair?” Bob asked.

  “Either she decided to go ahead with the plan without George or she was trying to draw attention away from someone,” JP said. Then. catching the expression on Sabre’s face he added, “Herself, most likely.”

  Sabre rolled her eyes at JP. “That wasn’t too smart of her,” Sabre said. “That could implicate her even more.”

  “I wouldn’t rule that out. She’s not that bright,” Bob said.

  JP walked back to the board and pointed at the names. “Let’s look at our other suspects. I think the most likely candidate is Tuffy.”

  “But we don’t even know who he is,” Bob said.

  “True, but I spoke with Nelson this morning and he said they’re putting pressure on Chris and on Sammy. Hopefully, one of them will crack. Oh, and the sex crimes unit picked up Jaleel last night, but he lawyered up right away.”

  “Does anyone think Jaleel might have done it?” Sabre asked.

  “No, in fact, he had a good alibi, but they’ve charged him with corruption of a minor, larceny, receiving stolen property, and numerous other things. They’ve picked up at least two kids who were working with Jaleel.” JP pointed at a name on the board. “And there’s Sammy. I think he’ll deal if they give him a decent offer. With all that, there’s a good chance someone will lead them to Tuffy. They’re best shot is probably Chris, but so far they haven’t found him. Jaleel won’t tell them anything beyond his name. The good news is the sex unit wants Tuffy as badly as we do, so they’ll keep on it.”

  Sabre looked back at the board. “What about Celia or Frank?”

  “Celia is pretty weak and someone smacked Foreman pretty hard with an hourglass,” JP said. “It could be Frank, I guess, but why would he do it? He didn’t like Foreman, but he’s nothing if he isn’t a business man. He would’ve made a calculated decision and I doubt if he thought Foreman’s life was worth much.”

  “So, we’re down to Tuffy, Chris, Sammy, Dana, and some random person that George ticked off somehow as he skated through life,” Sabre said.

  “And that list could be endless. It sounds like Foreman had a pint brain and a ten-gallon mouth. I expect he left a lot of angry people in his wake.”

  “But enough to kill him?” Sabre asked.

  “A few. When I spoke with Nelson he said they had looked at everyone they could come up with, especially in the drug world, but they came up empty handed.”

  They continued up and down the list until they finally took the board down and folded up the easel.

  “I’m sorry we don’t have anything more concrete,” Sabre said to Bob.

  “I know you two will come up with something. Just keep me posted. And take care of my family.”

  “Won’t Marilee be expecting you to come home today since bail was ordered?”

  “No. We’ve already discussed this. She doesn’t like it, but she’s going along with it, at least for now. She’s coming back to visit me after dinner.”

  Sabre pushed the buzzer on the intercom system. “We’re finished with Robert Clark.”

  “Okay, someone will be right there. Please wait until he’s excused.”

  A uniformed officer entered through the back door and frisked Bob, making sure nothing inappropriate had been passed to him. Then they buzzed Sabre and JP through the two sets of locked doors.

  As soon as they were out of the jail, Sabre said. “Okay, spill. What were you thinking earlier? Who do you think Dana was covering for?”

  “Maybe I should check it out first,” JP said.

  “You think she was covering for Marcus, don’t you?”

  JP put his hand on her shoulder. “Think about it. Marcus had a love/hate relationship with his dad. He didn’t like the way Foreman treated his mother or himself. Foreman put him out there on the streets to get molested. Marcus tried to kill himself and then he wasn’t sure he even wanted to attend his dad’s funeral. The kid has a lot of guilt and turmoil. What if he did it?”

  “But he was home with Frank and Celia.”

  “He’s a street kid. You don’t think he could figure out a way to sneak out?”

  “But how did he get all the way to my office? That’s at least fifteen miles away.”

  “I don’t know, but I think we need to consider it.”

  “And just what do I do with that information if we find it’s true? I can’t sell my own client down the river.”

  “We’ll deal with that when we know for sure.”

  Chapter 46

  Marla Miller, the social worker, took Marcus to Sabre’s office right after school the next day. She dropped him off and left. Sabre had agreed to take him back to La Jolla when they were finished.

  JP walked in carrying a box of hamburgers and fries from In-N-Out. “Would you like a hamburger, Marcus?”

  “Sure,” he said. JP handed him a double-double and some fries.

  “Thanks,” Marcus said.

  “Sabre?” JP asked.

  “No, I’m good.” Sabre walked to the cop
y room, took two sodas out of the refrigerator, and gave them to the boys.

  Sabre sat behind her desk directly across from JP and Marcus. She asked Marcus about his return to school, his therapy sessions, and life at home. He appeared to be adjusting fairly well. He liked his therapist and he seemed more relaxed than he had in the past.

  She hated the thought of talking to him about his father’s murder. She had to do it, though, for his sake if nothing else. If he did kill his father, she knew he’d have to deal with it or he would constantly be at risk for suicide. Her dilemma was what she would do with the information. She had taken an oath to not reveal a client’s confidence and yet she couldn’t let Bob go to prison for murder. It wasn’t only that she would lose her license to practice or that her client would get convicted. She really believed in the system, a system that protected the attorney-client privilege.

  When Marcus finished his hamburger, Sabre said, “Marcus, I want you to think back to the day before your father was killed. It would’ve been a Thursday. What did you do that day?” Sabre and JP had agreed earlier that Sabre would ask the questions. She knew Marcus better and thought he’d be more comfortable with her. JP was to chime in if she missed anything.

  “I went to school. I had detention that day because I got in trouble in class.”

  “What about after school?” Sabre asked.

  “My mom came to visit but she didn’t stay very long. She was really mad at my dad.”

  “Do you know what she was angry about?”

  “I don’t know. She just said he always messed things up and she wasn’t going to let him mess things up anymore.” Marcus fiddled with his french fries and then stuck one in his mouth.

  “Do you know what she meant by that?”

  Marcus swallowed his food. “She said she was going to get some money and get us back. She said all it took to keep your kids was to have money.”

 

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