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Authors: Elmore Leonard

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Marshall Fine asked the club member what picture. Maguire noticed the prosecutor paying very close attention, frowning.

The club member said he was told the picture was found in their car.

Pictures of all three defendants?

No, just the white guy, the club member said. The officer showed it to him when he came down to 1300 Beaubien to look at the suspects.

Marshall Fine said, to no one in particular, “While Mr. Maguire was being held in custody.” Then to the judge, “Your Honor, I’d like to request, if I may, the jury be excused. We seem to have a legal point to discuss.”

Twenty minutes later Maguire was free. He couldn’t believe it.

Marshall explained it to him in the hall, with all the people standing around outside the courtrooms,
and Maguire had trouble concentrating.
Free
, just like that.

“What it amounts to, the cops fucked up. Once you’re in jail they can’t show anybody your picture unless your lawyer’s present.”

“They can’t?”

“See, it used to be the cops would tell the victim, or a witness, they got the guy and then show the guy’s picture. Then, when the witness sees the guy in the line-up, naturally he’s gonna pick him out, the same guy, of course.”

Maguire nodding—

“The prosecutor raised the point, this impermissible taint, what it’s called in law, was irrelevant because there was an independent basis for the identification. I said what independent basis? Like knowing you from someplace else. I pointed out there was absolutely no independent corroboration that would provide a sufficiently acceptable al
ter
native identification that comports with due process. And the judge agreed. It was that simple.”

“Oh,” Maguire said.

“So, good luck. Get your ass out of here.” Young Marshall Fine turned to go back into the courtroom, then stopped. “I almost forgot. You need a job? What’re you gonna do now?”

There it was. “I got some money coming in,” Maguire said.

“I don’t know anything about that,” the lawyer
said. “I guess I’m only into rehabilitation, small favors, maybe something we might be able to do for you. Were you working?”

“I was a bartender, but I quit.”

“I could get you something like that. How about Miami Beach?”

“Well”—seeing the black people standing around, all the victims, witnesses, relatives of defendants—“I used to live in Florida about ten years ago.” Thinking in that moment, the Mediterranean, Florida, what’s the difference? Seeing himself going to the cops to get his passport pictures back? No way. “Yeah, Florida sounds like a good idea.”

“Get you into one of the hotels, bartender—what do you want to do?”

Thinking of the ocean, the sun, being outside, getting a tan—

“When I was there before I worked with dolphins. Maybe something like that’d be good.” He felt funny talking to a guy younger than he was about a job.

“Dolphins,” Marshall said.

“Porpoise. You know, they call them porpoise but they’re really dolphins. Not the fish, they’re mammals.”

“Yeah, dolphins,” Marshall said. He was nodding, thinking of something. “I believe we’ve got a client—yeah, I’m sure we have—they’ve got an interest
in one of those places. You mean like Sea World, they put on the porpoise show, a guy rides a killer whale, Shamu?”

“Yeah, only the place I worked,” Maguire said, “it was more a training school. Down in the Keys, with these pens right out in the ocean. They put on a show, but not with all the bullshit, the porpoise playing baseball and, you know, coming out of the water to ring a bell and the American flag goes up—not any of that kind of shit.”

“But you’ve had experience.”

“I worked there almost a year, down on Marathon. The pay wasn’t anything, but I liked being outside.” He thought about the fifteen hundred again. “What about this money somebody owes me?”

“I’m sorry, I don’t know anything about it.” The young hotshot lawyer did seem to want to help though. “You must’ve made some kind of an arrangement.”

“Well, I guess so. But then some snitch sees Cochise walking in a place with a golf bag full of electric razors and that’s it. We were picked up, you know, before anything was paid.”

“I don’t know anything about it, so don’t ask, okay? But I’ll see where we stand with the porpoise. You say porpoise or porpoises, plural?”

“Either way,” Maguire said.

“Nice clean animals,” Marshall said. “Give me a
call in a couple of days.” He turned to go back into the courtroom.

“What about the Pattersons? You think you can get ’em off?”

“I don’t lose if I can win,” Marshall said. He paused, hand on the door. “It’s too bad they didn’t pull the kind of dumb stunt you did, leave some snapshots in the car. I’ll see you.”

Andre and Grover Patterson drew 20 to life.

A few days before they were sentenced, Maguire gave Andre’s wife a list of things to tell Andre and two questions, in particular, to ask him, when she went in to see him on visitor’s day.

She came out of the Wayne County jail, Maguire waiting, and they walked the three blocks south to Monroe, Greektown, for a cup of coffee.

Andre’s wife said, “Yeah, he understand. You out and he’s in, that’s all. That dumb, stupid man”—shaking her head, sounding tired—“he’s always in. Must miss his friends at Jackson so much, got to get back to them.”

“You tell him I got a job waiting for me, but I want to do something first?”

“Yeah, I told him.”

“I’m gonna write to him all about it. And give you his money? You tell him that?”

“I told him.”

“Good.” Maguire sipped his coffee. “And you asked him the man’s name? He told me once, but I wasn’t sure. I might’ve got it mixed up with somebody else.”

“Yeah, the man’s name is Frank DiCilia,” Andre’s wife said.

“That’s it.” Maguire nodded. Right, Frank DiCilia. He knew it was something like Cecilia or Cadelia. Years ago the name had been in the papers a lot.

“And how about where he lives? Or where I get in touch with him?”

“His home’s in Florida—”

“Is that right?” Maguire perking up. “That’s where I’m going, Florida.” Maybe it was a sign, things beginning to come together without a lot of sweat and strain. “Where, Miami Beach?”

“Fort something. Fort Laura—”

“Fort Lauderdale.”

“Yeah, Fort Lauradale.”

Jesus, it
was
a sign. That’s where he was going for the job. The man was right there. No special trip required. It would give him time to think about it, how to approach a man like Frank DiCilia. Show him the clipping from the paper,
TRIO ROBS COUNTRY CLUB
, identify himself as one of the defendants—

“But ain’t no way you gonna see him,” Andre’s wife said.

“What do you mean? Why not?”

“The man died about a week ago,” Andre’s wife said. “Andre say he heard about it. You didn’t?”

4

SOME OF
Roland Crowe’s buddies were still sloshing around back there in the swamp, driving air boats, guiding hunting and fishing parties, poaching alligators, making shine; some others were doing time at Raford and Lake Butler. Bunch of dinks.

Roland had been that entire route and had poured cement for five years before going broke and learning the simple secret of success in business. Deal only in personal services. Not
things
. No lifting, no heavy work, no overhead, no machinery to speak of. Look good, listen carefully, take a minimum of shit, live close to the Beach and always make yourself available to people who called and said, Roland, there’s this man owes us money. Or, Roland, we believe this man is going independent on us. Or, we believe he’s telling us a story . . .

Like the guy laying-up at Hallandale, Arnold Rapp. Financed him like a half million dollars, and he says the Coast Guard confiscated the shipment, nine tons of Columbian.

Say, Come on, Arnold, for true? Holding him out the window by his ankles.

Get that done, then stop by Lauderdale on the way back and say hi to the DiCilia lady. Look the situation over, lay in some footings.

First thing though, Roland spent his back pay. He bought himself four new summer suits the man told him were designed in Paris, France, and specially cut for them by this tailor in Taiwan, Republic of China. He bought himself new three-hundred-fifty-dollar hand-tooled, high-heeled boots. He bought an Ox Bow wheat-colored straw hat with a high crown and a big scoop brim that, with the cowboy boots, put him up around six-six. He bought a cream-colored Cadillac Coupe d’Ville, cash. And put two months’ rent down on an eight hundred dollar apartment in Miami Shores.

Look good and you feel good. He picked up Jesus Diaz and drove up to Hallandale.

“I bet what it is,” Roland said to Jesus, “I bet anything Arnold is a boy went to about five colleges, traveled all over, got busted a couple of times, has his rich folks bail him out and he thinks he’s a fucking outlaw. You think I’m wrong?”

“No, you right,” Jesus Diaz said. He was comfortable in the air-conditioned Cadillac, he didn’t want to argue with Roland.

“See, they get together, these snotty boys like Arnold? They think shit, they been to college,
dumb guineas financing the deal don’t know nothing. Tell ’em the load went down the toilet and keep the money.”

“Maybe so,” Jesus Diaz said.

“No maybe. These little shitheads’re pulling something.” Jesus Diaz did not reply and Roland said, “You don’t believe it?”

“I believe it if you want me to,” Jesus Diaz said. He knew he should keep still, but he didn’t like Roland’s bright-blue pimp suit or the big Lone Ranger hat touching the roof of the car. He said, “Why they in business then? They make more selling it, don’t they?”

“They
do
sell it, you dink,” Roland said. “But they tell Grossi they lost it, and he’s out his dough.”

“They believe they can get away with that?” Jesus Diaz said.

“Jesus,” Roland said, not meaning the little Cuban but the other Jesus. “You should never’ve gone in the ring, you know it? I think you got your brains scrambled.”

Jesus Diaz agreed with that in part. To look like Kid Gavilan and fake a bolo punch wasn’t enough. After thirty-seven professional fights, several times getting the shit beat out of him and almost losing an eye, he could still see clearly and think clearly and knew this man next to him was a prehistoric creature from the swamp—man, from some black lagoon—who wore cowboy hats and
chulo
suits
and squinted at life to see only what he wanted. Maybe he could punch with Roland and hurt him a little, but before it was over Roland would kill him. Roland’s fists were too big and his nose and jaw were up there too far away.

Jesus Diaz, looking up at the green freeway sign as they passed beneath it, almost there now, said, “Hallandale.”

“Yeah?” Roland said. “Hallandale. You can read English, huh?”

What Jesus Diaz would like to do, take the man’s cowboy hat from his head, reach over and grab it and sail it out the window.

This one, they should keep him locked up someplace with his mouth taped.

Then let him out to do the work, yes, because no one walked into a room and faced people the way Roland did.

Into 410 of the Ocean Monarch high-rise condominium on the beach, Jesus Diaz behind him, into the big living room of the apartment with the expensive furniture, where the four young guys were sitting with their beer cans and music and the smell of grass—a heavy smell even with the sliding door open to the balcony.

Arnold Rapp, the one they came to see, let them
in, looked them over, turned and walked back to the couch. Jesus Diaz closed the door behind them. He liked the loud funk-rock music. He didn’t like the way the four young guys were at ease and didn’t seem to be scared. Yes, stoned, but it was more than that. They lounged, sitting very low in the couch and the chairs, no shoes on, each with long hair. They looked like bums, Jesus Diaz thought, and maybe Roland was right. Rich kids, yes, who didn’t give a shit about anything. Man, a place like this, view of the ocean, swimming pool downstairs in the court—these guys laying around drinking beer like they just came off a shift, not offering anything, waiting, like Roland was here to explain something or ask for a job. That was the feeling.

Roland said, “Your mommy home?”

They grinned at him. Arnold said, “No, no mommy, just us kids.”

Roland said, “Well now—who’re your little friends, Arnie?”

Arnold said, “Well now”—imitating Roland’s cracker accent, getting some of the soft twang—“this here is Barry. That there’re Scott and Kenny.”

The young guys—they were about in their mid-twenties—snickered and giggled.

The one called Barry, trying the accent, said, “And who be you be?”

It broke them up, “Who be you be.” The guys laughing and repeating it, Jesus, who-be-you-be. They thought it was pretty funny.

Roland walked over to the hi-fi. He brushed the stylus off the record and the funk-rock stopped with a painful scratching sound.

Arnold straightened up. “Jesus Christ, what’re you
do
ing?”

“Getting your attention,” Roland said.

Barry was still grinning. He said, “Who-be-you-be, man?” And one of the others said, “He’s the who-be-you-be man. Comes in, who-be-you-bes your fucking records all up.”

“No, I’m the man’s man,” Roland said. “Sent me to ask you what happened to his five hundred and forty thousand dollars, I believe is the figure.”

“It’s in the municipal incinerator,” Arnold said.

The one named Barry said, “We already told it, man. Ask him.”

Roland tilted up his Ox Bow straw. He walked out to the open balcony with its view of the Atlantic Ocean and leaned on the rail a moment.

Jesus Diaz stood where he was in the middle of the room, watching Roland, hearing the young guys say something and giggle. Something like, “Hey, partner” and something about riding here on a fucking horse, and another one saying, “A fucking bucking bronco, man,” and all of them giggling again.

Roland came back in. He said to Arnold, “How about you tell me what you told him.”

“Coast Guard picked up the boat in international waters and brought it into Boca Chica,” Arnold said. “He knows all that. The pot went to Customs and they burned it up.”

“Pot went to pot,” Barry said.

“The crew, the three guys, were turned over to Drug Enforcement,” Arnold said. “Your man is out the five hundred forty grand and there’s nothing I can do about it.”

“It’s a high fucking risk business,” Barry said, “any time you get two hundred percent on your investment, it’s got to be.”

“Two and a half,” Arnold said.

“Right, two and a half,” Barry said. “You know it’s high risk going in, man, if you’re not stupid.”

Roland walked over to where Barry was lounged in his chair. He said, “Is that right, little fella? You know all about high risk, do you? Stand up here, let me have a look at you.”

“Jesus Christ,” Barry said, sounding bored. “Why don’t you take a fucking walk?”

Roland pulled Barry up by his hair, drew him out of the chair and an agonized sound from Barry’s throat, telling him to hush up, turned him around and got a tight grip on the waist of Barry’s pants that brought him to his toes, Levis digging into the crack of his ass.

Jesus Diaz reached behind him, beneath his jacket—to the same place Roland was gripping the young guy’s pants—and brought out a Browning automatic, big .45, and put it on the other three guys, sitting up, maybe about to jump Roland.

Roland said, “See it?” without even looking, knowing Jesus had the piece on them. “Now tell me about high risk,” Roland said to Barry, walking him toward the open balcony, the other three guys rigid, afraid to move. “You want
me
to tell you?” Roland said, bringing the young guy to the opening in the sliding glass doors. “Fact I’ll show you, boy, the highest risk you ever saw.” And ran him out on the balcony, gripping him, raising him by his hair and pants and grunting hard as he threw the young guy screaming over the rail of the fourth-floor balcony.

Someone in the room cried out, “Jesus—no!”

There was silence.

Jesus Diaz held the gun on them, not looking at the balcony.

Roland stood at the rail, leaning over it, resting on his arms.

When he came back in adjusting his hat he said, “That boy was lucky, you know it? He hit in the swimming pool. He’s moving slow, but he’s moving. People gonna say my, what do those boys do up there? Must get all likkered up, huh?” Roland paused, looking at Arnold and Scott and Kenny sitting
there like stones. He said, “Now, who-be-you-be, who be’s gonna answer my question without getting smart-aleck and giggling like little kids? You see what I do to smart little kids, huh. Next one, he might hit the concrete, mightn’ he?”

“The name of the boat in the paper was
Salsa
,” Arnold said quietly. “The same one I hired, I know, because I saw it in Key West two weeks ago.”

“And the Coast Guard cutter hauled it in was the
Diligence
,” Roland said. “Same thing I’m gonna use till you pay us back the five hundred and forty thousand. You can take your time, Arnie, we’re reasonable folks. Long as you understand the vig’s fifty-four grand a week, standard ten percent interest.”

Arnold began to nod, very serious. “We’ll pay you, don’t worry.”

Roland said, “Do I look worried?”

He said to Jesus, in the car, driving away from the beach, “I told you, didn’t I, them dinks’d pull something.”

“But they weren’t lying to you,” Jesus Diaz said. “It was the same boat was picked up.”

“Oh my oh my, you don’t understand shit, do you?” Roland drove in silence to the federal highway, US 1, went through the light and pulled over to the curb. “Out you go, partner.”

Jesus looked around. “What am I supposed to do here?”

“Hitch a ride or take a cab, I don’t give a shit. I’m going up to Lauderdale.”

Roland was looking at himself in the rearview mirror, squaring his new Ox Bow wheat-colored straw.

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