Theodore Boone - The Accomplice Read online

Theo retreated to his office, with his dog, and unpacked his backpack. Homework was out of the question. He opened his laptop, found Garth’s Facebook page, and quickly learned that the kid was out of jail and laughing about his arrest.

  Theo fumed some more as the minutes dragged by. Four o’clock came and went without a word. He eased to the front and hid in the large conference room, waiting for his mother’s door to open. When it finally did, a well-dressed woman stepped out, wiping her eyes, and left without a word. Theo rushed in and said, “Mom, Woody got arrested last night and he’s still in jail. You gotta go help him.”

  Mrs. Boone calmly closed the door and pointed to a leather sofa. Theo sat down and took a deep breath. Of all the many things he admired about his mother, her coolness under pressure was the most impressive. Marcella Boone was never rattled. She spent long hours every day dealing with extremely anxious clients, and demanding judges, and tough lawyers on the other side, and she rarely lost her cool. And, when her only child was troubled, she found the time to listen.

  Theo told her everything he knew about Woody’s big adventure. She, too, was stunned and worried about him and Tony. “You’ve been concerned about Woody,” she said.

  “Sure, and things are worse now. Why can’t you go over to Youth Court and ask Judge Pendergrast to set bail. You know him, don’t you?”

  “Of course I do, Theo, but I don’t represent Woody. As you know, I don’t handle criminal matters.”

  “He’s not a criminal, Mom.”

  “No, he is not, but he’s in the middle of a criminal mess, and for the time being he will be processed through Youth Court.”

  “Look, Mom, it’s not unusual for one lawyer to handle one hearing and then another take over the case for the later stuff, right?”

  “I suppose,” she said, but she knew he was right.

  “Then let’s go see Judge Pendergrast, ask him to set bail, as low as possible, and get Woody out. Then tomorrow or the next day the public defender will take over and defend Woody.”

  Mrs. Boone glanced away, and Theo knew he was onto something. She stood, walked to her desk, picked up the phone, punched some numbers. Looking at Theo, she said, “Yes, this is Marcella Boone, attorney, and I’m looking for Judge Pendergrast. I need to speak to him.”

  She listened, glanced at her watch, and asked, “What time will he be in tomorrow?”

  She listened, nodded, said, “Please ask him to call me in the morning.”

  She hung up and said, “He’s gone for the day.”

  Theo said, “It’s barely four thirty. How can the guy leave so early? That means Woody and Tony have to spend another night in jail. This is ridiculous.”

  “Judges have heavy dockets, and then some days are lighter. If there’s nothing to do, they often leave a bit early. Judge Pendergrast is a hard worker.”

  Theo dropped his head and shoulders and gave up. Elsa tapped on the door as she opened it and said, “Your four thirty appointment is here.”

  “Thank you,” Mrs. Boone said. “We’ll discuss this later, Theo. Now go do your homework.”

  Dinner was a soggy sandwich on stale white bread, a banana, a thin marshmallow pie, and a carton of warm apple juice. Woody and Tony devoured it while complaining to each other about it, but they were hungry. Lunch had been a cold pasta concoction they’d had trouble choking down. Breakfast was hours away.

  A television hung from the ceiling at the end of the hallway, but they could not see it. Not that they really wanted to. Game shows were at full volume and the noise was oddly comforting. The noise reminded them that life somewhere was normal.

  The hours passed slowly. The television was turned off. A guard walked through and announced that lights would go out in thirty minutes. Two more guards appeared with a new prisoner, an older boy who looked well beyond eighteen years. They stopped at the door, unlocked it, and shoved him inside with Tony and Woody. The cell had two bunk beds, no more.

  When the guards left, the new guy said, “I’m Jock, and you’re?”

  “I’m Tony. This is my kid brother, Woody.” There was no effort to shake hands. Jock had the look of a kid with an attitude, a tough dude who’d seen several jails from the inside. He looked at the bunks and said, “I’ll take the top one, if that’s okay?”

  “That’s mine,” Woody said. “First come, first served.”

  “Oh really? And who’s making the rules around here?”

  “The guards,” Tony said.

  “Don’t see any guards right now. Look, I’ll make this real simple for you two brothers. If you want to start some crap, let’s get it over with. I’ll take on the two of you right now, and I promise you that within thirty seconds you’ll both be on the floor, spitting blood and missing teeth. Is that what you want?” He suddenly shoved Tony hard and he banged into a concrete wall.

  There was little doubt that Jock had been in many more street fights than the Lambert boys. He was lean and hard, with thick arms, one of which had a tattoo on it. He also reeked of alcohol, and his eyes were red and sort of crazed looking.

  Tony showed him both palms and said, “Fighting won’t solve any problems around here.”

  “Smart boy,” Jock said. He stepped onto the bottom bunk and vaulted onto the top one where he stretched out and closed his eyes.

  Tony and Woody looked at each other and shrugged in defeat. Losing a bunk was better than losing some teeth, and Jock seemed eager to throw punches. They settled down into the bottom bunk, Tony on one end, Woody on the other, and tried to make themselves comfortable.

  It would be a long night.

  Theo didn’t sleep much either. He dozed off from time to time but could not stop thinking about Woody behind bars. At midnight, he suddenly thought of something else that bothered him. He went online, checked the local newspaper, and saw a one paragraph story about the armed robbery. An eighteen-year-old named Garth Tucker had been arrested for robbing Kall’s Grocery, a convenience store on the western edge of town. Two minors were also involved, but their names were withheld, as was the custom. Tucker was “free on bond.”

  So, the stupid kid who’d pulled the gun was resting comfortably at home with his family while Woody and Tony were still locked up. What was fair about that? As he stewed and mumbled to himself, Theo found Garth’s Facebook page and saw a staged photo of him holding his wrists together with what appeared to be handcuffs. Beside the photo Garth wrote: “Jail ain’t so bad but the food’s lousy. It’s all a big misunderstanding and will soon be cleared up, according to my lawyer.”

  Theo turned off his laptop and tried to close his eyes. He eventually drifted off, woke up again, went to the bathroom, spoke to Judge under his bed, and tried to go back to sleep. At sunrise, he showered and dressed quickly and hustled downstairs.

  He was at the kitchen table pretending to review his homework when his father appeared. Every morning, Mr. Boone rose early, made the coffee, and left to have breakfast with his friends at a downtown diner. When he saw Theo he said, “Well, good morning.”

  Theo did not respond. He was angry with his parents and they had argued over last night’s dinner. As always, they had busy plans for the morning and neither wanted to get involved with Woody’s case. Theo did not understand why they, or at least one of them, could not go to Youth Court and insist that Woody and Tony be released immediately. They had tried to explain that they were not criminal lawyers and did not work in Youth Court, but Theo didn’t buy it.

  If Theo wasn’t speaking, then neither was Mr. Boone. He made the coffee, fetched the newspaper out of the driveway, found his briefcase, which he brought home every night but rarely touched, poured a cup, and left without a word.

  Theo fumed and watched the clock. There were clocks in every room of their home, clear proof that they were busy people with organized lives. Normally, Mrs. Boone skipped breakfast and instead sipped coffee in the den while flipping through the newspaper. But she was running late. Theo could hear her moving about upstairs. He waited. Jud
ge began whimpering because he wanted breakfast, so Theo fixed him a bowl of cereal with milk, the same meal Theo had every morning.

  At eight, Mrs. Boone appeared dressed for work. She wore a pretty maroon dress, black heels, and jewelry. One look and Theo knew she was ready for court. She always dressed fashionably, but there were times when she looked a bit sharper. She poured a cup of coffee and sat across the table from Theo. She said, “I’ll meet you in Youth Court at nine. You call Daisy Lambert and I’ll call Mrs. Gladwell and tell her what’s going on.”

  Theo exhaled, smiled, and said, “Thanks, Mom.” He hurriedly grabbed the bowls and put them in the sink. He rubbed Judge’s head, said good-bye, and sprinted from the kitchen with his backpack.

  The small courtroom was filled with people when Judge Pendergrast assumed the bench and said good morning. For the second straight morning, he looked exhausted with dark circles under his eyes and fatigue all over his face. He even yawned as he glanced around the courtroom.

  An important hearing was scheduled for nine o’clock and Theo was worried that the Lambert boys would be ignored until later. However, his mother had made a phone call and chatted with the judge.

  He peered over his reading glasses and said, “Mrs. Boone, I believe you have a matter before the Court.”

  Marcella Boone stood and everybody looked at her. Theo had seen her in court on several occasions, though she would not allow him to sit through her divorce trials. The testimony was often too rough for a thirteen-year-old. He admired her greatly and knew she could handle herself in front of any judge.

  “Yes, Your Honor, thank you, and I would like to enter an appearance as the attorney of record for the sole purpose of getting bail set for Tony and Woody Lambert.”

  “So you’re their lawyer?”

  “Sort of. I know the family and I’m just pinch-hitting until the public defender’s office can take over.”

  “Where is the public defender?”

  “Good question. I am told that his office has yet to talk to the Lambert boys. I assume the PD is very busy, as always.”

  “Well, I was informed by Mrs. Lambert yesterday that she could not afford a lawyer.”

  “I’m here pro bono, Judge, as a friend of the family, and just for the purposes of getting bail set. We’re trying to get the boys out of jail. The PD will take over from there.”

  Judge Pendergrast yawned again and shrugged, as if he didn’t really approve of her involvement, but no judge in the state would tell Marcella Boone that she didn’t belong in a courtroom. He said, “Very well. I’ll note your appearance. Are the boys here?”

  “No, sir. They’re still in jail. Their presence is not necessary. It’s just a bail hearing, Your Honor.”

  Judge Pendergrast shuffled some papers and read something. “Each is charged with armed robbery. What type of bail are you requesting?”

  “Personal ID, Your Honor. The Lamberts have lived here for many years, and there is no reason to believe that Woody and Tony will not appear in court when they are supposed to. They pose no risk of flight or disappearance. They’re both students and good boys. This is all a misunderstanding anyway. Nothing can be gained by forcing Mrs. Lambert to spend money she doesn’t have.”

  His Honor frowned and said, “I see here that Tony Lambert is on probation from an earlier violation this year. This could complicate matters.”

  “Let’s deal with it later, Your Honor. The goal right now is to get them out so they can meet with their attorney and find a solution.”

  Judge Pendergrast was shaking his head. “Their codefendant, Mr. Garth Tucker, posted bail of fifty thousand dollars. This is a serious crime, Mrs. Boone.”

  “He’s an adult and apparently his family has the money. I’m not concerned with Mr. Tucker. My clients are minors and deserve to be released from jail. There’s no good reason for keeping them locked up.”

  Theo was sitting next to Daisy Lambert in the front row. He managed to keep a frown on his face but wanted to say, “Go get ’em, Mom!”

  Judge Pendergrast said, “But for a serious charge like this, Mrs. Boone, I cannot simply release them on their personal IDs. I’ve never done that. And until we know the facts of this case, I cannot assume that these boys are as innocent as you think they are.”

  Without yielding an inch, Mrs. Boone said, “I assure you they’ll show up in court when they are supposed to.”

  “That sounds good but I’ve heard it before. And, since you will not be their lawyer after today, I’m not sure how you can guarantee anything.”

  “The family has little resources, Your Honor. Any type of bail will be a hardship. Indeed, any bail at all will simply keep the boys in jail. They are innocent until proven guilty.”

  “I realize that. Does the family own a home or any other real estate?”

  Mrs. Boone exhaled in frustration and said, rather sternly, “No, Your Honor. The family rents their home. Mrs. Lambert works two jobs, one as a part-time hairstylist, the other as a waitress in a restaurant. Her husband, the boys’ stepfather, works in construction and right now he’s on a job two hours away. His involvement with the boys is limited. The family is barely getting by and any amount of bail is nothing but a hardship.”

  “For armed robbery I cannot set a bail below ten thousand dollars. For each.”

  “That’s twenty thousand dollars, Your Honor.”

  “I can do the math.”

  “Bail bondsmen typically charge ten percent for the bond. That’s two thousand dollars just to get them out. That’s unfair, Your Honor.”

  Judge Pendergrast glared at her, obviously irritated. “Nothing I do is unfair, Mrs. Boone. I realize you do not work in criminal law, and I assure you that a ten-thousand-dollar bail for armed robbery is not unfair and is definitely on the low side. These boys got themselves in trouble. Don’t blame me for it.”

  For a tense moment, the lawyer and the judge stared at each other, but it was obvious who was in charge. Mrs. Boone finally smiled and said, “So be it, Your Honor. Thank you for your time.”

  “You are welcome. Now, I have a scheduled hearing and need to move on. You are excused.” In other words: Would you kindly leave my courtroom at this time?

  Theo followed his mother and Daisy Lambert into the hallway where they huddled in a corner. Daisy was wiping tears and Mrs. Boone was trying to control her frustration.

  Theo had almost four hundred dollars in his savings account and was already thinking of ways to get more.

  “What about your husband?” Mrs. Boone asked.

  “Which one?”

  “The current one.”

  Daisy shook her head. “He won’t help. We talked last night, had a big fight. He says he’s not coming home for a while and will not help the boys. They’ve never been close.”

  “What about their father?”

  “He’s around but we don’t see much of him. I’ll ask him. He might pitch in something but I doubt it. He’s not working much these days.”

  “You do that and we’ll talk later. I need to get to the office and you, Theo, need to get to school.”

  Daisy wiped her face and said, “Thanks, Marcella. You’ll never know how much I appreciate this.”

  “I’m not sure I helped the situation, Daisy.”

  “Thanks for being here. And thank you, Theo.”

  Theo said, “I can’t believe Woody is sitting in jail.”

  Halfway to school, and pedaling as slowly as possible, Theo remembered that he was officially excused from class. Neither Mr. Mount nor Mrs. Gladwell nor anyone else at school would know how long things took in court, so he had a bright idea. He turned around and sprinted to the jail where he found his pal, Captain Rick Pruitt. Carrying his backpack, he explained that he needed to meet with Woody and discuss their homework. He implied that he had been sent by their teacher to help his friend keep current with their lessons.

  Pruitt was skeptical and suggested that he should call the school and check out the story. Theo
said that would be fine but he doubted Mrs. Gladwell would answer the phone because she was tied up in assembly.

  To Theo’s horror, Pruitt picked up the phone and called the school. He asked to speak to Mrs. Gladwell, then said, “Good morning. This is Captain Pruitt at the police department. Your student, Theodore Boone, is in my office and says he needs to visit with Woody Lambert to do some homework. Was this authorized by anyone at the school?”

  Theo thought about bolting, but tried to remain calm. Pruitt listened and listened, then smiled. He said, “Thanks,” and hung up. He pointed at Theo and said, “If you’re not in school in ten minutes, I’m calling your mother.”

  Theo saluted, said “Yes, sir,” and ran from the office.

  Theo thought it highly unlikely that Captain Pruitt would follow up on his threat to call Mrs. Boone. It was a good bluff, and it worked because Theo was headed to school, but the closer he got the slower he pedaled. Second period was Geometry with Mrs. Garman, and it was his least-favorite subject. After a few loops and swings through the leafy neighborhoods around Stratten College, he eventually arrived at school, at precisely 10:40 when the bell rang for morning break. He checked in at the front office, went to his locker, said hello to April Finnemore, his favorite friend-girl, which was something altogether different from a real girlfriend, and drifted through the crowded hallway to Mr. Mount’s classroom where Government, his favorite subject, would start at eleven o’clock.

  Mr. Mount was waiting. He said softly, “Look, Theo, some of the guys are asking about Woody. What if you explained what’s going on?”

  Theo glanced around, obviously uncertain. He glanced at his feet, then said, “Well, sure, but I don’t know how much I can say. It’s a Youth Court matter and those cases are not public.”

  “I know. Did the judge set bail?”

  “Yes, ten thousand for each. Woody’s mother doesn’t have the money, so they’ll just stay in jail.”

  “That’s ridiculous. Let’s talk about this in class without going into the details of the armed robbery, okay?”