Last to Die (39 page)

Theo glared at Tatum and said, Talk to me, brother.

Talk what?

I want the truth.

The truth about what?

Was you the one who killed that clerk at Shelby's? Theo wasn't shouting, but his voice was firm and harsh, and the question hit like ice water. Jack looked at Theo, then at Tatum, then back at Theo, wondering what in the world had happened in the last twenty-four hours. He expected Tatum to jump any second and grab his brother by the throat for talking such shit.

Tatum simply chuckled and said, Wha-at?

It was a nervous chuckle. Jack could hear the little break in his voice, and he knew Theo was on to a horrible truth that was about to change things forever. Jack looked at Tatum and said, He wants to know if you're the member of the Grove Lords who let him take the fall.

Tatum gave his lawyer a look that said, Stay the hell out of this, Swyteck.

Theo was pacing again, speaking in what sounded like pure stream of consciousness. This is what I realized last night. You refused to take the DNA test for Gerry Colletti's murder because you was worried about a match.

I didn't kill Colletti.

I know you didn't. But I'm not talking about a match between your DNA and the DNA found in the dried spit they took from the back of Colletti's suit coat. You were afraid of a match with the human hair and skin the cops scraped from under the fingernails of that convenience store clerk at Shelby's. That kid fought like a tiger, right, Jack?

That's what the crime scene suggested.

The forensic guys who testified at my trial said the kid fought back and put a nice scratch into the top of his attacker's head. Got some skin and hair under his nails. My first lawyer tried to use that at trial. He asked the jury, Why no scratch on top of my client's head if the victim had skin and hair under his nails? Too bad for me that I wasn't arrested and examined by a doctor until seven months after the crime. Scratch could have healed in all that time. At least that's what the prosecutor made the jury believe. But it all worked out in the end. The scrapings of skin and hair gave us a nice DNA sample. DNA wasn't used that much at the time of my trial. Four years later, it was. When Jack came in to handle my habeas corpus petitions, he got the test, got me off death row.

And the only one happier than you was me, said Tatum.

Yeah, now I know why. I don't understand all the details, but, Jack, help me out here. Once there's a DNA test, the cops keep that shit around, don't they?

You're talking about CODIS, said Jack.

Tell him, Jack. Tell Tatum what he already knows, and what I just figured out.

It was strange, the way this was coming off as if Jack and Theo had rehearsed it. But Jack had wondered about the real killer for almost as many years as Theo had, and now that Theo was on a roll, Jack was right with him, step for step. CODIS is the FBI's Combined DNA Index System, said Jack. If a DNA test is performed on a specimen sample taken from a crime scene, that DNA profile is entered into the forensic files of CODIS. Once I was finally able to get the test done to compare Theo's DNA to the hair and skin sample taken from the victim, the DNA profile of the unknown killer would, as a matter of course, have been entered into the CODIS forensic database.

Which is exactly the reason my brother didn't want to give his DNA profile. Even though his DNA would have proved that he didn't kill Gerry Colletti, a simple run through the FBI's database would have proved that he did kill the store clerk.

A tense silence filled the room as the two brothers stared each other down.

That wasn't the way it was supposed to go down, Tatum said quietly.

Oh, man, said Jack, his response involuntary.

Tatum continued, It was my next step up in the Grove Lords. I had to take someone out, you know, if I ever wanted to have my own turf. So Lionel, he picks out this clerk at Shelby's. No real reason, just picked him. So, I did him.

Theo looked ready to explode. Jack knew he had to say something before he had another homicide on his hands. Why'd you pin it on Theo?

Wasn't supposed to be no one else in the store. But when I came out, I ran past some guy on the sidewalk. I was afraid he could ID me. I had to think fast, man. I was scared, you know? So when I get back to the car, that's when me and Lionel come up with the plan.

What plan? asked Jack.

We had to get someone else, you know. Someone else to go in that store.

Theo's voice shook with anger. Someone who looked like you.

He shook his head, his voice filled with regret. I didn't want it to be you, Theo. That's what I told Lionel. All the Grove Lords dressed alike. Black pants, Miami Heat jerseys, gold chains, backward baseball caps. We could have picked almost anyone. But Lionel picked Theo.

And you didn't fight him?

At first, yeah. I said no way. But it made sense for it to be you.

Bullshit, Tatum. It was dark, we all dressed alike. There were ten other Grove Lords that could have looked like you.

We didn't pick you just because we looked alike. It was smarter than that.

Smart? he said, almost screeching.

You was fifteen, man. Lionel said no way you'd be charged as an adult. I was almost eighteen. No question I was looking at adult charges. So that's how we picked you.

Jack could hear Theo breathing in and out, the anger scorching his lungs and throat, taking his words away. Jack spoke for him. So you served up your little brother thinking he'd get off on a juvenile charge, serving time in detention until his record was expunged at age eighteen.

That was the plan.

Jack kept probing. That guy on the sidewalk who you nearly ran over on your way out of the store - he was the eyewitness who mistakenly picked Theo out of the lineup.

That's right.

And with a solid eyewitness, the state attorney started feeling pretty good about the case. They charged Theo as an adult, not a juvenile. And the jury nailed him for murder one.

Next thing I know he's on death row, said Tatum. It was like a nightmare for me.

For you! Theo shouted. Fuck you, Tatum!

Don't you think it was killing me, too?

No! You would have let me die.

No way was I gonna let that happen.

I always knew I was set up by the Grove Lords. How many conversations did you and me have between the prison glass, Tatum? The two of us wracking our brains trying to figure out who the scumbag was. We never was able to narrow it down to less than about fifty. Not once did you even hint it was you who was the killer. The whole time, you was just pretending to stand by me when I was on death row. But you would have just stood silent right to the end, let me die for something you did.

You know that ain't true. What about that night I offered to confess, remember? I said I would confess if that's what it took to get you off death row.

That wasn't real, man. That was guilt talking.

It was real.

Theo glared at him, then looked to his lawyer. Tell me something, Jacko. Last time you got me a stay of execution, how close was I to getting fried?

Seventeen minutes.

You get any last-minute phone call from my brother saying, Hold everything, they got the wrong man, I'm guilty, it's me, Tatum - I'm the killer!'

They all knew the answer, but Jack said it anyway. No.

Theo stepped closer, his eyes filled with hatred. Just how fucking close were you going to cut it, brother?

Tatum wouldn't look at him, his gaze cast downward to his shoes. You're my brother, he said, I can make good, man.

Too late, said Theo.

No, listen to me, he said, his voice quickening. I'm gonna get this money, this forty-six million from Sally Fenning.

What, you want to buy me back, now?

Just give me a chance to do right by you.

Give me back my four years.

I would if I could, but I can't.

That's your problem, isn't it?

I'm doing all I can. It's a lot of money, Theo.

Don't want your money.

A shitload of money, even split three ways.

Leave me out of this, said Jack.

I wasn't talking about you, fool! said Tatum.

At that moment, it was as if everything came to a halt. Jack had heard it. Theo had heard it, too. And from the look on Tatum's face, he clearly wished he hadn't said it.

Three ways? said Jack.

Did I say three? said Tatum. I meant to say two.

No, said Jack. You said three, and you meant three. If I'm not the third, who is?

Tatum's eyes darted from Theo to Jack several times. He looked as if he wanted to say something but knew there was nothing he could say. It was out there, the words had fallen from his own lips, and now it was a known fact: Tatum already had a deal to split the money with someone. He had a partner.

I'm outta here, he said as he popped from his chair.

Tatum! said Jack, but his client was already out the door and barreling down the hallway. Jack followed. Tatum, if you expect me to be your lawyer, we need to talk.

Tatum stopped halfway down the corridor, wheeled on the balls of his feet, and said, You're fired, okay? We don't need to talk about anything.

Which ones did you do? asked Jack.

Tatum's eyes widened. Watch yourself, Swyteck.

We know you didn't kill Colletti, because you and Theo were out fishing. So that must have been your partner's work. Did you do the reporter or the prosecutor?

He took a step closer, pointing a menacing finger as he spoke, but Jack didn't back away. You listen to me, said Tatum. It's like Theo said in there. Everything we talked about is attorney-client privilege. You keep your mouth shut.

The privilege has exceptions.

He gave Jack a sideways glance. Are you threatening me?

I'm just telling it like it is. A lawyer can't reveal what his client did in the past. But if a lawyer thinks his client is about to commit a future crime, the privilege doesn't necessarily apply. From what I heard, it would seem that Sally's ex-husband is next on your list.

He flashed a thin smile, as if he thought it cute the way his lawyer was standing up to him. What are you gonna do? Call the cops?

Jack said nothing.

Tatum's smile widened. Didn't think so, he said as he turned and walked to the exit.

Jack followed past his secretary, who looked terrified by what she'd obviously overheard. When they reached the empty lobby area, Jack called to Tatum and said, Maybe I'll tell Miguel Rios first. Then I'll tell the cops.

Tatum stopped at the door. The smile was gone.

Just then, the door opened, and Kelsey walked in, arriving for work. Tatum grabbed her and pulled her into his grasp.

Stop! said Jack.

Don't move! said Tatum.

Tatum was holding her in front of his body like a human shield, Kelsey's eyes as wide as silver dollars. Tatum formed his hand into the shape of a gun, the index finger pointed to her temple, the thumb cocked like the hammer.

Don't threaten me, Swyteck. He pulled the mock trigger, jerked her head forward as if a 9 mm slug had just shattered her skull, and then pushed her to the floor.

Kelsey rolled across the carpet and let out a blip of a scream that sounded like fear and relief combined as she went to Jack.

Tatum shot one last angry look at them. Jack glared right back as he watched his former client slam the door and then disappear behind a pane of translucent glass and the painted block letters that spelled JACK SWYTECK, ATTORNEY AT LAW.

Chapter
Fifty-Five I could kill him, said Theo.

Jack and Theo were back in Jack's office, alone. Jack had taken a minute to calm Kelsey's nerves and asked her to wait in the conference room while he and Theo sorted things out.

Killing him isn't the answer, said Jack.

I know that. But I at least gotta get him back in the ring, no gloves this time.

I understand you're pissed, said Jack. I am, too. But for the time being, we have to put that aside and think clearly.

Think about what?

Jack took a seat behind his desk, straightening a paper clip as he spoke. Tatum just threatened Kelsey right before my eyes. If we don't stop him, Sally's ex-husband is likely to be next on the hit list. Tatum thinks that either I can't do anything to stop him, because I was his lawyer, or that I won't do anything, because I'm afraid. Tatum needs to think again, but that doesn't mean the answer is to run outside and tackle him.

You gonna call the cops?

Let's think this through first, okay?

Okay. Shoot.

Jack pulled a notepad from his desk drawer, feeling as though he should be jotting things down, but he was thinking and talking too fast to write. Let's start at the beginning. Vivien Grasso laid it out on the table in the first meeting she had with the beneficiaries as personal representative of Sally's estate. She flat out told us: If any of the beneficiaries is thinking about bumping off the others in order to be the sole survivor, forget about it. Your motive would be obvious, and you'll never get away with it.'