The Client (Page 51)
Harry flipped a page and glanced at his watch. "I’m listening," he said in Fink’s direction.
"It’s our position, Your Honor, that through his misrepresentations Mark Sway has obstructed the investigation into this matter." "Which matter? The murder or the suicide?" Excellent point, and as soon as he heard the question Fink knew Harry Roosevelt would not be a pushover. They were investigating a murder, not a suicide. There was no law against suicide, nor was there a law against witnessing one. "Well, Your Honor, the suicide has some very direct links to the murder of Boyette, we think, and it’s important for the kid to cooperate." "What if the kid knows nothing?" "We can’t be certain until we ask him. Right now he’s impeding the investigation, and, as you well know, every citizen has a duty to assist law enforcement officials." "I’m well aware of that. It just seems a bit severe to allege the kid is a delinquent without any proof." "The proof will come, Your Honor, if we can get the kid on the witness stand, under oath, in a closed hearing and ask some questions. That’s all we’re trying to do." Harry tossed the brief into a pile of papers and removed his reading glasses. He chewed on a stem.
Ord leaned forward and spoke solemnly. "Look, Judge, if we can take the kid into custody, then have an expedited hearing, we think this matter will be resolved. If he states under oath that he knows nothing about Boyd Boyette, then the petition is dismissed, the kid goes home, and the matter is over. It’s routine. No proof, no finding of delinquency, no harm. But if he knows something relevant to the location of the body, then we have a right to know and we think the kid will tell us during the hearing." "There are two ways to make him talk, Your Honor," Fink added. "We can file this petition in your court and have a hearing, or we can subpoena the kid to face the grand jury in New Orleans. Staying here seems to be the quickest and best route, especially for the kid." "I do not want this kid subpoenaed before a grand jury," Harry said sternly. "Is that understood?" They all nodded quickly, and they all knew full well that a federal grand jury could subpoena Mark Sway anytime it chose, regardless of the feelings of a local judge. This was typical of Harry. Immediately throwing his protective blanket around any child within reach of his jurisdiction.
"I’d much rather deal with it in my court," he said, almost to himself.
"We agree, Your Honor," Fink said. They all agreed.
Harry picked up his daily calendar. As usual, it was filled with more misery than he could possibly handle in one day. He studied it. "These allegations of obstruction are rather shaky, in my opinion. But I can’t prevent you from filing the petition. I suggest we hear this matter at the earliest possible time. If the kid in fact knows nothing, and I suspect this to be the case, then I want it over and done with. Quickly." This suited everyone.
"Let’s do it during lunch today. Where is the kid now?" "At the hospital," Ord said. "His brother will be tnere lor an unspecified period of time. The mother is confined to the room. Mark just sort of roams about. Last night he stayed with his lawyer." "That sounds like Reggie," Harry said with affection. "I see no need to take him into custody." Custody was very important to Fink and Foltrigg. They wanted the kid picked up, hauled away in a police car, placed in a cell of some sort, and in general frightened to the point of talking.
"Your Honor, if I may," K. O. finally said. "We think custody is urgent." "Oh you do? I’m listening." McThune handed Judge Roosevelt a glossy eight by ten. Lewis handled the narration. "The man in the picture is Paul Gronke. He’s a thug from New Orleans, and a close associate of Barry Muldanno. He’s been in Memphis since Tuesday night. That photo was taken as he entered the airport in New Orleans. An hour later he was in Memphis, and unfortunately we lost him when he left the airport here." McThune produced two smaller photos. "The guy with the dark shades is Mack Bono, a convicted murderer with strong mob ties in New Orleans. The guy in the suit is Gary Pirini, another Mafia thug who works for the Sulari family. Bono and Pirini arrived in Memphis last night. They didn’t come here to eat barbecued ribs." He paused for dramatic effect. "The kid’s in serious danger, Your Honor. The family home is a house trailer in north Memphis, in a place called Tucker Wheel Estates." "I’m very familiar with the place," Harry said, rubbing his eyes.
"About four hours ago, the trailer burned to the ground. The fire looks suspicious. We think it’s intimidation. The kid has been roaming at will since Monday night. There’s no father, and the mother cannot leave the younger son. It’s very sad, and it’s very dangerous." "So you’ve been watching him." "Yes sir. His lawyer asked the hospital to provide security guards outside the brother’s room." "And she called me," Ord added. "She is very concerned about the kid’s safety, and asked me to request FBI protection at the hospital." "And we complied," added McThune. "We’ve had at least two agents near the room for the past forty-eight hours. These guys are killers, Your Honor, and they’re taking orders from Muldanno. And the kid’s just roaming around oblivious to the danger." Harry listened to them carefully. It was a well-rehearsed full court press. By nature, he was suspicious of police and their kind, but this was not a routine case. "Our laws certainly provide for the child to be taken into custody after the petition is filed," he said to no one in particular. "What happens to the kid if the hearing does not produce -what you want, if the kid is in fact not obstructing justice?" Lewis answered. "We’ve thought about this, Your Honor, and we would never do anything to violate the secrecy of your hearings. But, we have ways of getting word to these thugs that the kid knows nothing. Frankly, if he comes clean and knows nothing, the matter is closed and Muldanno’s boys will lose interest in him. Why should they threaten him if he knows nothing?" "That makes sense," Harry said. "But what do you do if the kid tells you what you want to hear. He’s a marked little boy at that point, don’t you think? If these guys are as dangerous as you say, then our little pal could be in serious trouble." preliminary arrangements to place him in the witness protection program. All of themMark, his mother, and brother." "Have you discussed this with his attorney?" "No sir," Fink answered. "The last time we were in her office she refused to meet with us. She’s been difficult too." "Let me see your petition." Fink whipped it out and handed it to him. He carefully put on his reading glasses and studied it. When he finished, he handed it back to Fink.
"I don’t like this, gentlemen. I just don’t like the smell of it. I’ve seen a million cases, and never one involving a minor and a charge of obstructing justice. I have an uneasy feeling." "We’re desperate, Your Honor," Lewis confessed with a great deal of sincerity. "We have to know what the kid knows, and we fear for his safety. This is all on the table. We’re not hiding anything, and we’re damned sure not trying to mislead you." "I certainly hope not." Harry glared at them. He scribbled something on scratch paper. They waited and watched his every move. He glanced at his watch.
"I’ll sign the order. I want the kid taken directly to the Juvenile Wing and placed in a cell by himself. He’ll be scared to death, and I want him handled with velvet gloves. I’ll personally call his lawyer later in the morning." They stood in unison and thanked him. He pointed to the door, and they left quickly without handshakes or farewells.