Theodore Boone - The Accomplice Page 14

  The case of State versus Garth Tucker was postponed until further notice.

  The other case was not. It was officially titled: “In The Matter of Tony and Woodrow Lambert,” and it was set for trial in Youth Court first thing on a Wednesday morning. All necessary parties were summoned, with the exception of Mr. Theodore Boone, who had no role in the case and was banished to his labors at Strattenburg Middle School.

  The afternoon before, Theo swung by Ike’s office for an urgent meeting. He called ahead of time, explained to his uncle that things were serious, and told the story. Ike listened intently and found it hard to believe that an eighteen-year-old defendant was offering a cash bribe to a potential witness.

  “They cannot take that money!” Ike said. “I don’t care how big the bribe, those boys cannot take the money.”

  “They’re thinking about it,” Theo said. “At first they said no way, but then they started thinking about what they could do with the money, how it would help the family and take pressure off their mom, all that stuff.”

  “Nonsense, Theo. Here’s a likely scenario. Let’s say Garth has the cash and Tony agrees to accept it on the sly. What if some of the bills are marked? What if Garth is wearing a wire? What if there’s a camera watching everything? Well, then, Tony gets compromised. Garth can’t run to the police and point a finger at Tony because Garth is just as guilty, even guiltier, but he’s got some real leverage over Tony. This could be a trap, Theo. It’s a bad deal because Garth is trying to bribe Tony into lying, and it’s a rotten deal because Garth might be trying to set up Tony. You tell Woody that this is a no-brainer.”

  “I thought so. But I’m worried about them. Woody is really upset by this.”

  “Tell Woody to trust his gut and say no. Nothing good will happen. Does their mother know about the bribe?”

  “No, I don’t think so. Woody says I’m the only other person who knows about it. Should I tell Mom and Dad?”

  Ike sipped his beer and scratched his nose. “No. You know how uptight they are. They’re officers of the court and ethically bound to report wrongdoing, especially crimes involving the wheels of justice. If they knew one witness was trying to bribe another, they’d probably freak out and run to the judge. Let’s leave them out of it for now.”

  “I agree. They would only complicate matters. Should I tell Judge Gantry? He and I are pretty tight.”

  “Right now I say no, but let me think about it.”

  They thought about it for a long time, the only sound was Bob Dylan singing softly about lost love. Finally, Theo asked, “Where would Garth get five thousand dollars in cash?”

  “Who knows? I doubt if it’s his. I doubt if Clifford Nance knows anything about it. He’s an ethical lawyer. So, the money is probably coming from Garth’s family. His father is a high roller who borrows a lot and takes big risks. Maybe he figures five thousand bucks is nothing to keep his kid out of prison. Who knows? The important thing is for your friends to run away from this kid and his cash. Tell them to go to court, tell the truth, and deal with whatever happens.”

  “I’ve told Woody that, more than once.”

  “This is troubling, Theo. And it’s dangerous.”

  “Does this stuff happen all the time, Ike? I mean, you know how much I love trials and courtrooms and how much I respect the law, and it’s never occurred to me that the witness on the stand might be lying because he took a bribe.”

  “I don’t know, Theo. I wasn’t much of a courtroom lawyer. Plus, I got chewed up by the system so I’m probably not the one to ask. But, no, I don’t believe this stuff happens all the time. This is pretty wild. An eighteen-year-old kid offering cash.”

  “Kinda makes me sick.”

  Unknown to Theo, Woody was at the same time having a similar conversation not far away in the den of Major Ludwig’s bungalow. Not surprisingly, the Major’s reaction was similar to Ike’s. He was shocked at the idea of a bribe and adamant that Woody and Tony stay away from it.

  “Did Tony actually see the money, the cash?” the Major asked.

  “No, it was in a white envelope. He pulled it out of the pocket of his jacket.”

  “So, I suppose this could be a bluff.”

  “Maybe,” Woody said, thoroughly bewildered. “I don’t know what to think or what to do. Tony has talked of nothing else but taking the money and using it to help Mom.”

  “You, Tony, and your mom are going to survive, one way or the other, and without taking a bribe from Garth. We know he’s not a very bright kid and this is further proof. Trying to bribe a witness is a really dumb idea. Nothing good can happen.”

  “I agree. I’m just worried about Tony.”

  “I’ll talk to Tony before the trial starts and make things real clear. You guys are sticking to the truth, right, Woody?”

  “Yes, sir.”

  An additional bailiff stood outside the courtroom door to keep away the curious and uninvolved. Judge Pendergrast wanted complete privacy during the trial. It would not last long and there was nothing else on his docket for the day.

  The Lambert boys sat at the defense table with their lawyer between them. Their relationship was still tense. As recently as yesterday Rodney Wall had tried to convince them again that they should go along with the Clifford Nance story and take some of the blame. But Woody and Tony were tired of Wall and his lack of decisiveness. He did not know about the bribe. They were certainly not telling anyone else. They knew the truth and they knew far more than their lawyer; thus, they had little respect for him.

  Daisy sat on the front row close behind them. She really needed Theo to lean on, but poor Theo was suffering through Spanish and was perfectly miserable. Major Ludwig sat beside her, arms crossed over his chest.

  A few feet away, the Youth Court prosecutor, Ms. Bagdell, shuffled her papers and waited to begin. She would go first and she seemed a bit too nervous.

  When Judge Pendergrast finished reading a page he peered out over his reading glasses and said, “This matter involves some serious charges against Tony and Woody Lambert. I believe I know most of the facts so I don’t need to hear opening statements. Ms. Bagdell, please call your first witness.”

  “Mr. Clem Hamm,” Ms. Bagdell said, sitting. In Youth Court, it was not necessary to stand to address the judge or the witnesses.

  Clem Hamm hurried in and was sworn to tell the truth. Judge Pendergrast had reviewed his testimony from Garth’s preliminary hearing, and knew every detail that he repeated. On cross-examination, Rodney Wall made sure that it was clear that neither Clem nor any of the store’s surveillance cameras ever caught sight of the Lambert boys.

  When Clem stepped down, Ms. Bagdell offered to call a witness who would play the surveillance tapes from the robbery, but Judge Pendergrast declined. He surprised everyone when he said, “I’ve already reviewed them. They reveal nothing involving these two juveniles.” Thirty minutes into the trial, it was apparent that His Honor had studied the case carefully and knew as much as anyone. This was not unusual.

  The next witness was a police officer who described the arrests of the three shortly after they left Kall’s Grocery. He found neither weapons nor cash on the Lambert boys. Garth had cash in one pocket and the pistol in the other. The pistol was produced, introduced into evidence, handled by the witness and the judge, and put away. Judge Pendergrast took endless notes but seemed as though he’d heard it all before.

  The next witness was another policeman who planned to testify about the Breathalyzer results. Rodney Wall, though, interrupted matters and said his clients had already agreed to admit that they had been drinking beer.

  Judge Pendergrast said, “I have the reports. Woody Lambert registered point zero six. Same for Tony. This is correct?”

  “It is,” Wall said, and the witness was excused. The trial was moving at a dizzying pace.

  The next witness was the big one. Ms. Bagdell called Garth Tucker to the stand. A bailiff fetched him from the hallway, and when Garth walked into the cour
troom Clifford Nance was with him.

  For the occasion, Garth wore a dark suit and tie and his new haircut was even shorter. He tried to play the cool game and act as though this was all routine, but he was nervous. He swore to tell the truth, took his seat, refused to make eye contact with either Woody or Tony, and looked at Clifford Nance seated in the back row, not far away.

  After a few preliminary questions, Ms. Bagdell asked, “On the night in question, where did you meet Tony and Woody?”

  “I was buying gas at the Shell station on Cooper Extended.”

  “And why did they get into your car?”

  “I don’t know. Tony and I talked and decided to go cruising. I had some beer. The little kid just sort of tagged along.”

  “And the three of you drove around drinking beer?”

  “Yes.”

  “How much did you drink?”

  Judge Pendergrast said abruptly, “His blood alcohol content was point twelve. Beyond legally drunk. I have the report here, Ms. Bagdell, please move along.”

  “Uh, yes, sir,” she said awkwardly as she reached for another sheet of paper. “Okay, so why did you decide to stop at Kall’s Grocery?”

  Garth took a deep breath, looked long and hard at Clifford Nance, and said, as if perfectly rehearsed, “I decline to answer that question under the rights afforded me by the Fifth Amendment.”

  Ms. Bagdell looked at Judge Pendergrast, who looked at the witness and asked, “So, you are refusing to incriminate yourself?”

  “Yes, sir.”

  “Very well. Please note that this witness’s attorney, Mr. Clifford Nance, is in the courtroom. Proceed, Ms. Bagdell.”

  She asked, “You guys were drinking beer. Did you need more? Did you go to Kall’s because you needed more?”

  “I plead the Fifth Amendment.”

  “Did you buy any gas at Kall’s?”

  “No.”

  “Whose idea was it to go to Kall’s?”

  “I plead the Fifth Amendment.”

  “Did you have a pistol of any type with you when you drove to the store?”

  “I plead the Fifth Amendment.”

  “Did you take a pistol into the store?”

  “I plead the Fifth Amendment.”

  Ms. Bagdell lifted the pistol from a table and showed it to the witness. “Did you purchase this?”

  “I plead the Fifth Amendment.”

  She threw up her hands and looked at the bench. Judge Pendergrast was obviously irritated and leaned over to the witness. “I assume, son, that you have no plans to answer any more questions about what happened that night, correct?”

  Garth offered a sappy smile and said, “That’s right, Judge. Upon the advice of my lawyer, I’m not answering any more questions.”

  Judge Pendergrast looked at Clifford Nance, who was nodding his agreement.

  “Very well, the witness is excused.”

  Garth strutted to the rear of the courtroom where he and his lawyer took seats on the rear bench. Clifford Nance wanted to hear every word uttered by the Lambert boys.

  Tony went first and told the same story he had been repeating since that fateful night. Rodney Wall did a good job of walking him through it, step by careful step, with nothing left out. Judge Pendergrast asked a number of questions, as he was prone to do, and once again let everybody know that he had full command of the facts. His preparation was impressive.

  On cross-examination, Ms. Bagdell blundered. Veteran trial lawyers know that you never ask a question if you don’t already know the answer. She, evidently, had not learned this.

  She asked Tony, “Have you ever been in Garth’s car before?”

  “Never.”

  “Have you ever been to Kall’s Grocery before?”

  “Never.”

  “Had you ever seen the pistol before?”

  “Never.”

  In a matter of seconds, she took away any suspicion that Tony had been involved in the planning of the robbery.

  She quickly wrapped up her cross-examination.

  Woody took the stand. He was nervous, especially with Garth and Clifford Nance staring at him, but he was determined to be a good witness. He looked at Major Ludwig, who gave him a firm nod of the head, and he launched into his story. It was the same as Tony’s, the same as before, with no variations at all. The more he testified the more confident he became, and about halfway through he wished Theo could be there to hear it all.

  Like Tony, he placed all blame on Garth, and managed to stare him down as he did so. It was a wonderful moment. Garth, the cocky kid with a muscle car and cute girl and wealthy family and a wild side that was crashing in on him as he sat there protected by the best lawyer money could buy, but he wasn’t so cool right now. He looked worried because he knew the truth was against him, and he couldn’t change it. He couldn’t shift some of the blame to other people.

  “Any cross, Ms. Bagdell?” Judge Pendergrast asked.

  “I don’t think so.” She had nothing to work with and she wasn’t about to ask any more half-baked questions.

  “Any more witnesses, Mr. Wall?”

  “Well, Your Honor, I was going to call Daisy Lambert, the mother, but it seems as though the Court has probably heard enough this morning.”

  “Indeed the Court has. But I’m not going to prevent you from calling your witnesses.”

  “I think we’re finished here, Judge,” Wall said wisely.

  Without a moment’s hesitation, Judge Pendergrast launched into his ruling. “I find both Tony and Woody Lambert to be credible witnesses. And though I am usually suspicious of identical testimony offered by siblings or close friends, I am not suspicious today. Their narratives are plausible, reasonable, believable, and the Court has no reason to doubt them. Indeed, there is absolutely no testimony to the contrary. They are charged with being accomplices, which means they supposedly knew something of the crime, armed robbery, before it took place. The evidence is to the contrary. The only witness who could possibly implicate the Lambert brothers is obviously Garth Tucker, and he chose not to do so. For reasons known only to himself and his very experienced lawyer, Mr. Tucker chose to plead the Fifth Amendment. That is his right, but it leaves nothing for the prosecution to pursue.

  “Therefore, I find Tony and Woody Lambert not guilty of the crimes of being accomplices to armed robbery. For Woody, I will deal with the underage drinking matter another day. Same for Tony, but he also has the sticky issue of a probation violation. He can certainly expect a few more nights in detention. But we’ll handle that another day. For now, both juveniles are free to go. The bond for Tony will be extinguished. The restrictions for both are hereby terminated. Woody, you are free to leave the county and go camping anywhere you want.”

  Outside the courthouse, near the statue of General Stratten, they stopped to catch a breath. Rodney Wall was smiling ear to ear as though he had just pulled off a major victory and wanted everyone to slap him on the back. No one did. Woody and Tony were sick of the guy. Daisy didn’t trust him. Major Ludwig held him in low esteem.

  “Congratulations,” Rodney said, and then waited for someone to congratulate him.

  “When do we go back to court?” Daisy asked. “On the drinking charges?”

  “I’ll check with the judge, let you know, but it’s nothing to worry about.”

  They nodded, said nothing, and Rodney finally took a hint. “Well, gotta run now. Got some new clients down at the jail.” No one said good-bye. They watched him walk away, and before Tony could say something unpleasant about him, the Major said, “I guess you two should hustle back to school.”

  Woody and Tony nodded. These days they were terrified about missing class.

  The Major said, “I’m starving. Pappy’s should be cleared out by now. My treat.”

  Pappy’s Deli was a legendary downtown hole-in-the-wall that was famous for its pastrami subs and onion rings, and both boys jumped at the chance. The four of them took off down Main Street, walking briskly and ch
atting about the trial. They were innocent! No more worries about being shipped off to a juvenile detention center, no more fears about the future. They had stuck to the truth, testified to it faithfully, and Judge Pendergrast believed them.

  Daisy said less than the others. As their mother, she was overjoyed almost to the point of tears. Her boys would no longer be treated like criminals. Both seemed determined to stay out of trouble. Perhaps she could sleep now. Perhaps her life was finally taking a turn for the better.

  Theo was suffering through another boring study hall with Mr. Mount. He was going through the motions of doing homework but his mind was elsewhere. He firmly believed that he had the right to be in Youth Court that morning to witness the trial, and to provide assistance if necessary. After all, he knew as much about the case as anyone. He had led the charge to free Woody and Tony from jail. He had advised Woody along the way. He had coached him with his testimony. He had provided crucial advice, especially about the bribe. He knew far more about the case than Woody’s lawyer.

  However, none of that mattered. There he was, staring at Spanish verbs and thinking of nothing but the proceedings before Judge Pendergrast. He had a large knot in his stomach that made it hard to concentrate. What if Woody and Tony were found guilty? What if Judge Pendergrast didn’t believe them but instead found Garth to be a more credible witness? What if Woody got sentenced to some dreadful juvenile prison?

  His cell phone vibrated. Normally, all cell phones were confiscated by Mr. Mount at the beginning of each class and placed in a cardboard box on his desk. But because of the trial, Theo had been allowed to keep his just in case there was news.

  There was! Woody texted: Trial over. Lambert boys not guilty! Not guilty!!!. Free at last!!.

  “All right!” Theo blurted as he jumped to his feet.

  “What is it, Theo?” Mr. Mount asked as the entire class jolted to attention.