Invasion of Privacy (19 page)

18

SHE CALLED THE JAIL. THEY HAD EVENING VISITING hours.

After dinner she went to see Kurt again. Time to set the wheel in motion. "Nina Reilly to see Kurt Scott," she said to the intercom.

A pause. "It says here that Jeff Riesner’s his lawyer."

"I’m just visiting again."

"If you say so, Ms. Reilly." He buzzed her in. She wondered if Jeff Riesner knew she had been to see Kurt.

A few minutes later, in the visitors’ cubicle once again, she looked through the glass at Kurt Scott. He looked as apprehensive as she felt.

"How are you?" he said.

"Thinking hard."

"I didn’t expect you back, matter of fact."

"I had to decide if I believed you or not."

"My lawyer doesn’t, so why should you?"

"Your lawyer doesn’t know you."

His whole body relaxed slightly, and she could see how tightly he controlled himself, and how little slack he allowed.

"I tried to find you before, you know, a few years after I left Tahoe, during a time when I felt relatively safe. Those were years Terry was traveling in her work and didn’t have much time to devote to her hobby of hunting me and harassing everyone I knew. You were living in San Francisco, and I learned you were married."

"That’s nice, that you tried to keep track of me."

"But now I’m an interference in your life, one you’d just as soon had never arrived. Isn’t that true?"

"Absolutely," she said. "But here you are."

"Like mud on your shoe."

"Like a thunderstorm. If lightning doesn’t burn my house down, I’ll have an interesting garden."

So much remained unspoken between them. He knew her better than anyone, though their time together had been so short. Seeing that curvy-lipped smile again and his eyes lit up as they now were, she remembered acutely what he had been to her.

"How are they treating you?" Nina asked as casually as she could.

"I asked if I could bring in an electronic keyboard with headphones so I could practice. They’re afraid I’d make the keys into weapons."

"Oh, no."

"My hands miss the exercise. But I probably couldn’t make music here even if I tried."

"What about your life in Germany?"

"My job is gone. My landlord rented my apartment and put everything in storage. My other responsibilities are taken care of for the moment. I had only come out of hiding two years ago to play music again. Terry was fading from my mind. I thought she might have finally forgotten me, too, but I used another name, just in case."

"What’s the trial date?"

"July fifteenth. Mr. Riesner doesn’t think it’ll last more than two weeks."

"That’s only a couple of months away. Will you have enough time to get ready?"

"He says it’s a simple case. We haven’t really talked about it much. Is it a simple case, Nina?"

It was the opening she had been waiting for, an unsolicited expression that Kurt didn’t have full confidence in Riesner. "I can’t communicate with you on the subject of your representation, since you’re represented by Mr. Riesner," she said deliberately.

"Huh? What are you talking about?"

"If you were to initiate a conversation with me about the subject of your representation, I could talk with you about it, but I can’t initiate such a discussion."

"You’re hinting at something," Kurt said, "but I’m damned if I can figure out what."

"Sure you can."

He was thinking. "Okay, I’m initiating a discussion," he said, "about what you said."

"And if you are thinking Riesner might not be a good lawyer for you, if you would like to seek other representation, and if you say so, we can discuss it."

"I don’t want him. I don’t trust him. But it seems like I’m stuck with him." Nina analyzed the words for legal content and decided they would have to do.

"Now that you bring it up," she said, "no, you’re not stuck with him."

"He’s got all my money."

"He’d be obligated to return the unused portion."

"Do you know this guy?"

"Regrettably," she wanted to say, but she couldn’t criticize Riesner without influencing Kurt unfairly, so she said, "Yes."

"Then you know he’s not going to let me replace him."

"Eventually, he’d have to. As for the money, I would represent you without a large advance retainer," Nina said, and then hurried to add, "Of course, you could pay me as soon as the balance of Riesner’s retainer is repaid to you." Over a waterfall in a barrel was how that statement made her feel.

Kurt’s face flickered through many emotions.

"I have to tell you there are some possible drawbacks to changing counsel now. There might be some ups and downs coordinating with Mr. Riesner to get your case file and your retainer. In fact, there might be hand-to-hand combat. You’d have to file a motion to substitute me in as your attorney. I might be a witness in your case. You’d have to give me written acknowledgment that you understand that, and still want me as your lawyer."

"I don’t know if I do."

Something in her said, okay, I did my best. "I understand. He’s had a lot more experience. I’m sure he’ll do a great job for you. Forget I mentioned it," she said at once, her pride shooting sparks.

"You think it’s because I don’t think you’d be any good, Nina?"

"Well ..."

"I’ve talked about you with some of the other prisoners. You’re respected in Tahoe as a result of your last case, at least with some of these guys. I know you’re good enough. But don’t you see? I’ve done enough to you."

"Don’t worry about me. I can handle it."

"Don’t get involved with me. I’m—"

"Doomed? Not with me on your side, buddy."

He shook his head, but she saw a glimmer of hope in his eyes.

"You believe I’m innocent?"

Nina couldn’t look him in the eye on that one. "I want to believe you. I can say it seems to me you might be telling the truth and you deserve a good defense."

As she spoke, Terry’s bloody corpse on the floor of the studio rose like a specter on the glass in front of her, superimposed over his face like the grisly red mask of a warrior. He could be lying. He could be maligning Terry’s memory. A hard place in her mind still said, if you did it, Kurt, I’ll—

"You’ve changed, too, Nina. I have to ask myself why you’re offering to do this."

"I want to help you, and I have a personal stake in this." She kicked herself mentally. What would he make of a statement like that? She couldn’t provoke any questions. What if he saw through her to their son? Bobby was off-limits. Kurt could never know about Bobby unless he was acquitted.

"Thank you for wanting to help me. I’m not sure it’s the right thing—but how do I tell that fathead Riesner he’s fired?"

Kurt must have mailed out the substitution of attorneys form he’d signed, along with his cover letter requesting a refund of any unused retainer, the next day. Just before five o’clock the following Monday, when Nina and Sandy were washing the coffeepot and putting away books in the library, the fax burped and began a transmission. First came a letter, then came another letter.

The first letter, from Jeffrey A. Riesner, Attorney-at-Law, said with admirable succinctness:

Dear Attorney Reilly:

I have reported your disgraceful breaches of professional ethics to the State Bar of California. I trust you will be hearing from it soon. A copy of the State Bar letter is enclosed.

The so-called "Substitution of Attorney" that you prepared and manipulated my client into signing is also returned, unsigned by me. I advise you to cease and desist immediately from making any more attempts to contact my client or otherwise disturbing his working relationship with me. For your information, I am considering filing suit against you for tortious interference with a contractual relation.

Very truly yours,
Jeffrey Riesner

She read the attached letter, addressed to the California State Bar. Riesner had drawn, quartered, and beheaded her in impeccable legalese.

Sandy read along in silence. When they were both finished, Sandy said, "You do get him to frothing at the mouth."

"I expected it," Nina said. "The motion to substitute attorneys and supporting declaration is already dictated, Sandy. Type it up first thing in the morning and file the papers to have it heard as soon as possible."

"Another murder case," Sandy said, her lips pursed. Nina waited for the negative reaction.

All Sandy said was, "Bring on the clowns."

A couple of days later, a letter from the State Bar arrived. Nina was told that she was under investigation based on Riesner’s complaint. She was told that the matter was serious. She was given ten days to respond in writing, enclosing all pertinent evidentiary support in her possession. Riesner was right on schedule.

She took out the lengthy declaration she had filed with the Superior Court in preparation for the hearing the next day and read it again. Milne would not take testimony. His ruling would be based entirely on the paperwork and the arguments mustered by Riesner and herself.

It was damn good.

She wore extremely high heels and her stiffest suit, a black number from Nordstrom’s with shoulder pads solid as blocks, for the occasion. "Rip his lungs out," Sandy said as she grabbed an umbrella from the rack on her way out off the office into a heavy downpour.

With all the pugnacity she had stored up, the hearing was an anticlimax. Milne didn’t even want to hear her.

"Mr. Riesner," Milne said, "I think you’ll just have to face the fact that you’ve been fired. Ms. Reilly seems to have covered her, ah, flanks quite well in her declaration. There are no legal ethics violations. Clients do occasionally change attorneys, you know."

"Only when they’re manipulated by money-hungry ambulance chasers—"

"That’s enough."

"She can’t go over to the jail and whore her way into a job—"

"Mr. Riesner," Milne said. "I’m going to sanction you in the amount of five hundred dollars, payable to Ms. Reilly, for the frivolous opposition you’ve made. I’m going to order that you pay the legal fees and costs, if any, incurred by Mr. Scott in being compelled to file this motion. I also order you to immediately refund all remaining retainer money, along with a detailed accounting of moneys already spent. And I’m going to ask you, as a fellow member of the Bar, to apologize to Ms. Reilly for the ungrounded accusations you’ve made."

"In a pig’s eye!"

"What did you say, Mr. Riesner?"

"I said, in a pig’s eye, Your Honor."

"The sanction amount is hereby increased to one thousand dollars, payable within five days," Milne said. "Clerk, please ensure a transcript of this hearing and the Minute Order is forwarded to the State Bar of California. Next case."

"Oh, Mr. Riesner," Nina said from under her umbrella, out in the parking lot as the other lawyer unlocked his BMW.

His turned to face her, livid with fury, his carefully coiffed hair now dribbling like wet noodles onto his forehead. "What the fuck do you want?"

She thought of Riesner and his cigar, sitting behind his cherrywood desk not long before, insulting her and Sandy both, and she said, "I just don’t want you to worry. I’m not holding this against you. You’re entirely forgiven. And if you can’t scrape up the sanction money right away, I’m willing to give you a short extension." Riesner jammed his car into reverse, sending up a stream of rainwater. Nina stepped neatly out of the way, giving him a pleasant wave as his tires burned out into the street.

At the main door to her office building the next morning, she passed her landlord, a spry, elderly man named Mr. Gant who had kept the two biggest offices across the hall for his real estate office. "Hi," she said brightly.

"Howdy there," Mr. Gant said. "Sorry about that article. You just stare down anyone who gives you a hard time about it. Damn reporters." He went on out, giving her a pat on the shoulder.

"Hey, Sandy. What’s this about an article? Something in the paper?" Nina said as she came in and tossed her briefcase onto a client chair.

The Tahoe Mirror lay on Sandy’s desk. Sandy jabbed her finger toward it, as if she didn’t want to have to touch it. "You’ll be wanting to hire a hit man," she said. "I know a good one."

"Your brother or your nephew?" Nina said. "I hope you’re kidding."

"I never kid," Sandy said.

She grabbed some coffee and sat down to the usual pile of pink messages and papers to be signed. Ignoring them, she opened up the paper.

She had made the front page.

SCOTT ATTORNEY CONFLICTS RAISED IN STATE BAR COMPLAINT, the headline said. The byline was Barbet Cain, a reporter who had left several messages on the office voice mail the previous night.

"The California State Bar is investigating complaints of attorney misconduct against Nina Reilly, a local attorney who made headlines last year in the Patterson case," the paper said. Nina read on, her coffee forgotten.

According to the complaint, filed by Jeffrey Riesner, a well-known criminal lawyer and partner in the prominent local firm of Caplan, Stamp, Powell, and Riesner, Reilly has violated numerous ethical rules of the Bar, which regulates attorney conduct in California. If after investigation the charges are found to be valid, Reilly may be subject to court sanctions and disciplinary action, including possible disbarment.

The complaint alleges that Reilly convinced Judge Curtis Milne of the El Dorado Superior Court to allow her to substitute in as the attorney for Kurt Scott, who is currently awaiting trial on murder charges.

Reilly had no business taking on the Scott case, the complaint says, because she used undue influence to cause Scott to fire the competent counsel he already had. Apparently, Scott and Reilly have been involved in a common-law relationship for years and they have an eleven-year-old child.

Additionally, it is alleged that Reilly is a witness who will be testifying at the trial. Assistant District Attorney Collier Hallowell, the prosecutor assigned to the case, refused to comment, stating that the witness list has not been finalized. Although State Bar rules don’t completely bar attorney-witnesses from representing a party in a case, according to Riesner, it is both highly unusual and likely to affect the ability of an attorney to competently represent the client.