Mrs. Boone asked, “Does the DNA match Pete Duffy’s?”
“Of course it does, but why bother? With Bobby’s testimony, you have an eyewitness who explained it all to the jury.”
“So the medical examiner will not testify again?” Mr. Boone asked.
“Don’t know. He was in the courtroom today, and Hogan might put him on the stand tomorrow. I certainly would, just to be safe. His testimony would add some weight to Bobby’s.”
“How did Bobby do on the stand?” Mrs. Boone asked.
“Pretty amazing,” Ike said.
“Very believable,” Mr. Boone said.
“Theo?” she asked.
It wasn’t every day that Theo was asked to express his legal opinions to a group of adults, all of whom knew a ton about the law, so he swallowed hard and collected his words. “It seemed to take a few minutes for the jury to get used to the translation, and for me, too. Spanish comes across awfully fast, but then I guess every other language does when you don’t speak it.”
“I thought your Spanish was pretty good,” Ike interrupted.
“Not that good. I didn’t understand very much. But after a few questions, I got the hang of it. Maria, the translator, was very good. It was obvious that Mr. Hogan had practiced with her and Bobby. His questions were brief and to the point, and Bobby’s answers were also short, but truthful. I kept asking myself, ‘What does he gain by lying? Why wouldn’t the jury believe every word?’ And I think they did.”
“Oh, they did,” Mr. Boone said. “I watched their faces. They missed nothing and they believed it all. Pete Duffy is about to be convicted.”
“What happens tomorrow?” Theo asked.
“It’ll be ugly,” Ike said. “Clifford Nance will attack Bobby, just like he did in his opening statement. He’ll squawk about the illegal immigrant issue, and he’ll accuse Bobby of cutting a deal with the State: his testimony against Duffy in return for a promise not to deport. I’m afraid Bobby’s in for a rough day.”
Theo swallowed hard again and said, “I think I should be there.”
Both parents almost choked as each tried to speak first. “I’m afraid that won’t happen, Theo,” his mother said sharply. She was usually one step quicker.
“You missed school all day Monday and most of today,” his father said. “That’s enough.”
Theo knew there were times when it was okay to push a little, and there were other times when pushing only made matters worse. This was a good time to back off. He knew he couldn’t win. It was better to take defeat with some dignity.
As he got up from the table, he said, “Better hit the old homework.”
Both parents were watching him suspiciously, both ready to pounce if he dared to mention the trial again. As he and Judge left the kitchen, he
said, barely audible, “I think I’m getting sick.”
• • •
At seven forty-five the following morning, Theo was eating breakfast and reading the local newspaper online. His father had already left. His mother was in the den reading the old-fashioned print version of the same newspaper.
The phone rang. Once, then twice. It never rang in the morning. Theo wasn’t about to answer but his mother said, “Theo, would you get that, please?”
Theo stepped to the phone, grabbed it, and said, “Boone residence.”
A familiar voice said, “Good morning, Theo. This is Judge Gantry. Can I speak to one of your parents?”
“Sure, Judge.” He almost added, “What in the world is going on?” but managed to bite his tongue. He said, “Mom, it’s for you.”
“Who is it?” she asked, and picked up in the den before he could answer. Theo bolted to the doorway to eavesdrop. He heard her say, “Well, good morning, Henry.” A pause. “Yes, yes.” A longer pause. “Well, Henry, I just don’t know. He’s missed so much school already this week, but . . .” A pause as she listened. Theo could feel his heart quicken. She said, “Well, yes, Henry, Theo makes very good grades and I’m sure he could catch up. But . . .” Another pause. “Well, if you put it like that, Henry, I guess it’s not a bad idea.” Theo was about to jump out of his skin. Then, “A coat and tie. Well, sure. Fine, Henry, thanks. I’ll tell him right now.” As she hung up, Theo scurried back to his chair, grabbed his spoon, and crammed in a mouthful of Cheerios.
Mrs. Boone walked into the kitchen, still wearing her bathrobe, but Theo ignored her. He was too busy staring at his laptop. She said, “That was Judge Gantry.”
No kidding, Mom. I just spoke to him.
“And he says he needs a law clerk today in court, says you were very important yesterday, and says you might be helpful today in dealing with Bobby.”
Theo managed to look up and say, “Gee, Mom, I don’t know. I have a pretty busy day at school.”
“He wants you there at eight fifteen, wearing a coat and tie, just like a real lawyer.”
Theo bolted for the stairs.
At eight fifteen, Theo followed Mrs. Hardy into Judge Gantry’s chambers. She said, “Here he is,” and turned around and left. He took a seat across the wide desk and waited for Judge Gantry to finish reading a document. He looked tired and grumpy. Finally, he said, “Good morning, Theo.”
“Good morning.”
“I thought you would want to be here today. It promises to be rather eventful, and since you’re the real reason we’re even having this trial, I thought you might enjoy watching it come to an end.”
“An end?”
“Yes, an end. Do you know what a law clerk does, Theo?”
“Sort of. I think they do research for judges and stuff like that.”
“That’s part of it. I use clerks from time to time, usually law students home for the summer. Often they’re more trouble than they’re worth, but occasionally I’ll get a good one. I like the ones who don’t say much but are good listeners and watch things closely in the courtroom.” He stood and stretched his back. Theo was afraid to speak.
Judge Gantry said, “I was here until almost midnight last night, Theo, meeting with the lawyers. A lot of stuff is happening, and I want your opinion.” He began pacing behind his desk, still stretching as if he had pulled a muscle somewhere. “You see, Theo, Myra Duffy has two sons, Will and Clark, two fine young men who are in college. I’m sure you’ve seen them in the courtroom. They’ve been here every day.”
“Yes, sir.”
“Their father was killed in a plane crash when they were young teenagers. After a few years, she married Pete Duffy, and Will and Clark got along well with their stepfather. Pete was good to them, provided for them, took them places, and has paid for their college. Of course they are bitter and broken over what happened to their mother, and they want him punished severely. But they have decided that they do not want Pete to get the death penalty. They think it’s too harsh, and they still have some feelings for the man, in spite of what he did. They’ve spent a lot of time with their aunt, Emily Green, Myra’s sister, and together they’ve made a family decision. No death penalty for Pete. Yesterday, after Bobby testified, and after it became pretty obvious that the jury is likely to find Pete guilty, they approached Jack Hogan and asked him to back off the death penalty. This puts Jack in a tough position. As the State’s prosecutor, he has the obligation to punish murderers to the fullest extent of the law, but Jack has never asked a jury to condemn a man to death. He also allows the family of the victim to have considerable input into the matter. Last night, Jack Hogan approached Clifford Nance and told him of the family’s decision. Hogan also offered a deal—a plea bargain. If Pete Duffy will admit to the murder, the State will suggest a sentence of life in prison, without the chance of parole. LWOP, as it’s known. Life without parole. I was notified, and we met here for several hours last night discussing the plea bargain. It means, of course, that Pete Duffy will eventually die in prison, but he won’t sit on death row waiting to be executed. It also means that this case will come to an end and the lawyers won’t be forced to spend the next fifteen years fighting through the appeals. As you probably know, capital murder verdicts drag on for years. Now, I have to either approve of the plea bargain, or not. What do you think about it?”
“Will Pete Duffy take the deal and plead guilty?” Theo asked.
“Don’t know yet. I suspect he had a very long night in jail. Clifford Nance is leaning in favor of the deal, and when we last spoke he had decided to recommend to Pete that he take it. Anything is better than living on death row waiting for an execution.”
“I like it, Judge,” Theo said. “When I think of the death penalty, I think of serial murderers and terrorists and drug dealers, really nasty people. I don’t think of men like Pete Duffy.”
“Murder is murder.”
“I guess, but Pete Duffy wouldn’t commit murder again, would he?”
“I doubt it. So you’re in favor of the plea bargain?”
“Yes, sir. I have some doubts about the death penalty anyway. With this deal, the man gets punished, the family is satisfied, and justice is done. I like it.”