“She tells me the same thing when I press her on why the authorities haven’t been pushing harder in their Karina Boyko investigation.”
“Cops like to get their ducks in a row,” Deke said.
“I hope those ducks don’t fly away.”
They didn’t talk for a few minutes. Michael broke their silence when he said, “We’re ten miles out. Got any last-minute advice for me? I don’t want a Parakalo replay.”
“Then put what happened in Indianapolis out of your mind. I’ve found that what the best lawyers and athletes have in common is they play in the moment and don’t think about the past. Even if they’re coming off a lousy game, that doesn’t enter into their thinking.”
Deke noticed Michael’s smile. “Something funny?”
“I was just thinking that in my former career, I didn’t have the luxury of having a bad game. Lives were saved or lost, including my own, based on succeeding in the mission.”
“I’m glad the legal profession doesn’t have those same standards. If it did, I’m afraid I would be dead many times over.”
“One of my vivid memories of the Parakalo deposition was you telling me that I needed to get angry. You said every good trial lawyer has to be passionate about what they are arguing. Hearing that was almost the opposite of my military training, where we acted upon calculations and intel. Under hot fire, you need a cool head, not anger.”
“In the legal arena, you need cool passion.”
“That’s an oxymoron,” Michael said.
“It’s also truth.”
“Any advice other than cool passion?”
Deke thought for a few moments before answering. “The judge will ask his questions. Don’t say what you think he wants to hear, but say what you think he needs to hear. When he plays the devil’s advocate, answer his questions thoroughly, but don’t belabor points you’ve made before. And answer the questions that aren’t asked.”
* * *
Before being shown into Judge Mobley’s waiting room, Deke and Michael could hear the loud voice of a man saying, “Tell him to go screw himself.”
The speaker’s voice was just shy of a shout. His accent was from out of town, what Deke guessed to be Chicago. As he and Michael entered the antechamber, they found it occupied by two other men. The man with the loud voice continued talking into his phone.
“Of course I’m working on the RICO charges. Thing is, it’s not like I can make them disappear by waving a magic wand.”
The speaker stood up and began pacing around the small space, encroaching on where Deke and Michael had just taken their seats. The man’s swagger, thought Deke, seemed to have been modeled on that of an NHL enforcer, even though his mouthful of complete and overly white teeth weren’t exactly in keeping with that image.
“I got a numbers guy already on that,” the man said.
Definitely Chicago, thought Deke. That sounded like dat.
Deke casually glanced over to Michael to see if his associate looked unnerved by the other man’s posturing. He didn’t appear nervous. If anything, Michael reminded Deke of a watchful predator just biding its time.
Judge Mobley appeared at the entrance to his chambers. The more informal nature of the proceedings was on display at its onset. Instead of wearing black robes, Mobley had opted for a sports coat. He wore a necktie, but even that came with a little wink: its prominent design elements were small scales of justice.
The two opposing lawyers elbowed their way forward so as to be the first to enter. “BB Wolf,” said the man who had been talking on the phone. “It’s a pleasure.”
As the second man shook the judge’s hand, he said, “Dan Perry. Pleased to meet you.”
Deke did not need to introduce himself. He’d appeared before Judge Mobley on two previous occasions; they greeted each other warmly.
“Mr. Deketomis, a pleasure to see you again.”
“The pleasure is mine, Your Honor,” Deke said, then motioned for Michael to step forward. “I’d like to introduce you to one of our firm’s rising stars, Michael Carey.”
The two men shook hands, and Judge Mobley asked, “Have you been practicing the law for long, Mr. Carey?”
Michael shook his head. “I have not, Your Honor. As Mr. Deketomis would be quick to tell you, I am what he would charitably describe as a work in progress.”
The judge smiled and ushered them inside. He introduced everyone to the court reporter, a serious-looking woman who’d set up her work station in the corner, before taking a seat behind his desk. “Thank you for being here,” he said. “As you know, I have described today’s hearing as a fact-finding session. All of us have read the motion that was submitted to the court. At its heart is its request for expedited discovery. Let’s begin there, shall we?”
BB Wolf started talking the instant Judge Mobley finished his question.
“Thank you, Your Honor,” he said. “I must say that in its motion to this court, the only thing opposing counsel didn’t ask for is the moon, and it wouldn’t surprise me if that appears in an amended motion. Asking for expedited discovery, and trying to use exigent cause as a launching pad, is a nonstarter, Judge. The motion tries to establish cause and effect, but to do that you need to start with cause, which isn’t there. There’s a reason that expedited discovery is rarely granted. Doing so violates the basic due process rights of the defendant.”
The judge lifted a hand to the lawyer so as to allow the other side a chance to speak. “Let’s take this in small steps. It’s your turn, Mr. Carey.”
“Thank you, Your Honor. Mr. Wolf is right when he says that expedited discovery is not commonplace, but where he is wrong is in stating that we don’t have cause for its being applied. In our motion we referenced the wrongful death of Karina Boyko. We believe that delaying our inquiries into what occurred, and forestalling our examination of dangerous working conditions, could very well jeopardize other lives.”
Wolf said, “That’s mere speculation. You’re not only asking to conduct a fishing expedition; you’re asking for the bait to be provided.”
“The death of Karina Boyko was a tragedy, not a fishing expedition. And we wonder at the fate of others, such as Nataliya Nahorny.”
“That’s nothing more than speculation on your part,” Wolf said. “Just because you got a few names of employees who worked for the defendant doesn’t give you the right to try and dig up random dirt while you turn the basic rules of discovery on their head. As pertains to the defendant, I am not even sure if you have established a case for discovery, let alone expedited discovery.”
Judge Mobley again raised a cautionary hand. “One at a time. Mr. Carey?”
“Karina Boyko contacted our firm and asked us to represent her, Your Honor. She said the conditions of her employment constituted human trafficking. Ms. Boyko went so far as to say she was a slave. Before her death, Ms. Boyko referenced Ms. Nahorny and said she disappeared a few months earlier. Ms. Boyko’s death and Ms. Nahorny’s disappearance greatly concern us, Your Honor. Based on those individuals, we have good reason to fear for the safety of all of Viktoria Driscoll’s H2B workers.”
The judge turned to Wolf, who was shaking his head. “And that’s how a minnow becomes a whale. Yes, there was an unfortunate death, but that doesn’t mean there is an imminent emergency for everyone working in the same place of employment as the young lady who died. Mr. Carey certainly hasn’t made his case in trying to establish that connection. The law is not designed to respond to supposition and exaggeration, nor does it countenance a violation of the rights of my client. Simply put, what Mr. Carey wants is neither warranted, nor is it reasonable.”
“Your Honor, Mr. Wolf speaks about doing what is proper, while advocating that we turn a blind eye to the mysterious death of a young woman that might, just might, be an indicator of pervasive violations of the law. As one great man observed, the time is always right to do the right thing. In this instance, that would be to allow us to ask appropriate questions . . .”
A nodding judge made Deke think Michael’s words were striking a chord. Wolf probably sensed the same thing, which was why he interrupted Michael in a vocal show of force.
“What Mr. Carey is trying to do is make his argument sound all noble and caring, but sentiment does not make the law. In the unlikely event that you were to grant Mr. Carey what he is requesting, we all know your ruling would be slapped down by an appeals court. He hasn’t made his case; what he has constructed is a house of cards.”
Wolf tried to continue talking, but this time it was Michael who interrupted, speaking over him. “Your Honor, it is my hope that Mr. Wolf can stop throwing around poorly disguised threats to this court so as to allow me to build a foundation for my so-called house of cards.”
Judge Mobley said, “Mr. Carey’s point is well taken, Mr. Wolf, and from this point forward I will be the only individual doing any interrupting. Is that understood by both of you?”
In unison, the two lawyers said, “Yes, Your Honor.”
Judge Mobley turned to Michael. “I would hear more about what constitutes your foundation, Mr. Carey.”
“Thank you, Your Honor. When I expressed concern for the welfare of Nataliya Nahorny, it was not idle conjecture or alarm mongering on my part. Where is Ms. Nahorny? We need access to the defendant’s records to determine if there are other H2B workers who might have gone missing.”
The judge swiveled his head. “Mr. Wolf?”
“It seems to me that opposing counsel is doing a fine job making a criminal case, while at the same time completely failing to make a civil case. It’s an all-too-common occurrence for visitors to this country to overstay their visas, but that certainly doesn’t constitute an emergency. If Mr. Carey truly believes the lives of workers are in danger, then he should bring the matter forward to the authorities. Our law is based on due process. Opposing counsel wants to bypass that, which is reason enough to disqualify his petition to this court for expedited discovery.”
The judge turned to Michael, who immediately started his rebuttal. “Mr. Wolf keeps talking about the letter of the law, but not the rest of the alphabet. He wants the court to be confined by a narrow legal norm, even in this most extraordinary situation. Isn’t the true purpose of the law to seek the truth?”
In the more than a quarter century that Deke had been practicing law, he had grown inured to most of the legal maneuvering and wiles that came with being a trial lawyer. It was like being a master magician and knowing how the tricks were performed. When you knew every variation of those tricks, it was hard to be surprised. This morning, though, was a surprise. It wasn’t that Michael had grown as a lawyer; it was almost like he’d had a metamorphosis. Normally, Deke found himself playing armchair quarterback while observing other lawyers, second-guessing their presentation and arguments. With Michael today, it was hard to find fault. The same lawyer who had seemed so timid and overwhelmed during the Parakalo deposition, the attorney who had stumbled to find his voice, was now a force to be reckoned with.
Hammers and tongs, the two lawyers went at it, battling unabated for an hour. There was no flag of truce offered, only the briefest of pauses in battle when Judge Mobley asked his questions. Deke suspected he wasn’t the only one there who was surprised. BB Wolf looked as if he was used to steamrolling other lawyers, but now was on the defensive.
Judge Mobley’s face remained impassive throughout the session. Usually, Deke liked to think he could read a judge; not today.
No bell for the final round sounded, even though it felt as if a bout had taken place. “I’ve heard enough, gentlemen,” the judge finally said, “but I would like to offer both of you the opportunity to finish up today with brief closing remarks.”
BB Wolf took the opportunity to speak first. “In the end, Your Honor, we are at the same place we were when we started. The phrase rush to judgment has negative connotations for very good reasons. When you try and hurry along a proven course for rendering justice, the invariable result is injustice. Our courts have legal and ethical obligations to proceed in a prescribed manner. As you so correctly noted, Your Honor, at the heart of today’s session was the request by opposing counsel for you to grant expedited discovery, along with a fast-track trial. That is not the norm, and there is a reason that is not the norm. The court has to be deliberate. The court has to be above reproach. We cannot put track shoes on Lady Justice and expect justice to be served.”
Judge Mobley said, “Thank you, Mr. Wolf. And now we’ll hear from Mr. Carey.”
“Thank you, Your Honor, and thank you for the many thoughtful questions you have asked today,” Michael said. “But now I’d like to close by answering a question you didn’t ask.”
Deke was probably the only one in chambers who caught the young lawyer’s side-glance and smile. Son of a gun, he thought. The kid was referencing the advice he’d given him. No, that wasn’t quite right. The kid was acting on that advice.
“Mr. Wolf used the phrase rush to judgment. That is not what I have advocated. My request to this court is for it to allow me an opportunity to act not in a rush, but in a time frame that speaks to the urgent matters addressed in our motion. I would submit that for this court to not allow expedited discovery is akin to justice delayed being justice denied. There is no need for me to quote the Sixth Amendment to anyone in these chambers. We are all aware that criminal defendants are supposed to have a right to a speedy trial. But it is my contention that the same right should apply to claimants in civil cases. Shouldn’t they have a right to a speedy trial, especially if delaying that trial could potentially result in terrible or even fatal consequences?”
Michael took a deep breath, allowing himself a moment of reflection before continuing.
“I know from experience what can happen when you’re a minute too late. In my former career, I served as a pararescueman for the United States Air Force, and even did some of my training at Tyndall Air Force Base. The Air Force pararescuemen motto is ‘These things we do, that others may live.’ Our missions are both military and humanitarian. Of all the missions I was involved with, one stands out over all the others.
“With limited intel, my CO had to decide whether to send us up in adverse conditions. You never want to fly by the seat of your pants. The safe thing would have been for my CO to do it by the book and wait for the weather to clear. But if he’d made that decision, I would have never had the chance to meet the woman who would become my wife. Had we arrived just a few minutes later than we did, she would have been dead. There are times when you can leisurely dot your i’s and cross your t’s; when you can afford to be deliberate. But sometimes you don’t have that luxury. Every day I thank god that my CO decided the right thing to do was to act, not wait. I ask this court to make that same determination.”
There was a moment of silence before a nodding Judge Mobley said, “Thank you.”
He looked around his chambers and smiled slightly before saying, “Typically, at the conclusion of proceedings such as this one, I announce that I will be taking the matter under advisement before making my decision. Today, however, that won’t be the case.”
Judge Mobley turned to Michael. “Mr. Carey, I am going to grant your request for expedited discovery.”
The lawyer who liked to call himself the Big Bad Wolf began howling. “Your Honor . . .”
“Spare me your outrage, Mr. Wolf. I know your every argument, and I do not deny their potential merits. In the normal course of any judicial ruling, most judges, myself included, err on the side of conservative caution. In this instance, though, I was persuaded by Mr. Carey that being overly deliberate would be the riskier option. I am sure, Mr. Wolf, that you will try and have my decision reversed in an appellate court. That has happened before, and I don’t doubt that it will happen again. Still, I am more comfortable with that potential outcome than I am with denying expedited discovery. Mr. Carey has demonstrated that this is a unique situation, and as such, I believe it calls for a unique ruling.”
/> Wolf tried once more. “But Your Honor . . .”
“Mr. Carey, please prepare an order for me to sign.”
“Your Honor,” pleaded Wolf.
“As I said, Mr. Wolf, you are free to appeal my decision here today.”
The judge looked around his chambers once more and announced, “We are done here. Good day, gentlemen.”
XLI
Lily’s slight movement caused a sharp intake of breath. For hours she had remained in bed, afraid to move. Last night’s violence was the worst yet. Max had kept insisting they “dance.” A few times he’d released his grip and sent her flying into the glass. Even when she’d collapsed, it hadn’t helped; he’d just pulled her up on her feet and started dancing again.
Shifting her body, Lily clenched her fists at the pain but forced herself to get up. She needed to focus and figure out how to survive another night of her imprisonment.
In the bathroom she used a washcloth to carefully remove the dried blood from the night before. Max’s long thumbnails had opened up cuts all over her body. Instead of a mirror on the vanity wall, there was a reflective vinyl that gave her an almost pixelated look, but that was enough for her to see the patchwork of bruises where Mad Max’s fingers had dug into her. As ugly as that display was, Lily feared it was only a warm-up for what was coming. Tonight was the full moon. Max had made that abundantly clear.
He had told her, “Tomorrow, on the night of the full moon, we will ascend the Pyramid of the Moon and travel the Avenue of the Dead.”
“Are those real places?” she had asked.
“They are.”
“So, we’ll be going somewhere?”
Had she not asked her question, it would have spared her from hearing his answer.
“There are destinations awaiting both of us, and demands. You have been chosen for your role in the sacrifice, and me for mine.”
Demands. Shit. Sacrifice. Shit, shit, shit.
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