The Fugitive (15 page)

T
he air was heavy with tension as the lawyers filed into the room. Several glanced at Theo in the corner but no one seemed to care. There were far more important matters at the moment. They packed around the long table, opened their briefcases, pulled out papers and notepads, and settled into place. Judge Gantry took his seat at one end and the court reporter situated herself next to him. On one side was Jack Hogan and his gang of prosecutors. On the other was Clifford Nance and his defense team. Pete Duffy was not present.

Judge Gantry said, “Let's go on the record,” and the court reporter began pressing keys.

“Mr. Nance, the offer on the table has not changed since midnight. Has Mr. Duffy made a decision?”

Clifford Nance looked as though he hadn't slept in a week. He wore expensive suits and always looked the part of a successful trial lawyer, but now his tie was crooked, his shirt wrinkled. He said, “Your Honor, I met with my client at midnight, and again this morning at six a.m. He has finally agreed to plead guilty and take the deal.”

“Mr. Hogan, do you have the Plea Agreement?”

“Yes, Your Honor.” One of Hogan's assistants produced a neat stack of papers and everyone got a copy. Hogan said, “It's fairly straightforward, Your Honor.”

Theo had heard this before. In fact, his father claimed that when a lawyer says something is “fairly straightforward,” then you'd better look out. It's actually pretty complicated.

The lawyers slowly read the agreement. It was only two pages long, and, in fact, fairly straightforward.

Judge Gantry said, “The defendant pleads guilty to one count of murder and gets a sentence of life without parole. He also pleads guilty to one count of escape and gets a sentence of two years, which will run concurrently with his life sentence.”

“That's right, Your Honor,” Hogan said.

“I have decided to approve this Plea Agreement. Bring in the defendant.”

A deputy prosecutor stepped to the door, opened it, and nodded at someone in the reception area. A uniformed officer walked in, followed by Pete Duffy, who was followed by another officer. There were no handcuffs and no leg chains. Duffy was wearing his standard dark suit. Oddly, he seemed relaxed and managed to smile at Judge Gantry. As he was about to sit next to Clifford Nance, he glanced around the room and saw Theo. His smile vanished. His spine stiffened. He took a few steps toward the corner.

Theo knew Duffy wouldn't hurt him, not at this point anyway, but his heart froze for a second. Duffy glared at him and said, “You found me, didn't you? At the airport in Washington. It was you, wasn't it?”

Theo wasn't about to answer, but he returned the glare and didn't blink.

“That's enough,” Judge Gantry growled as an officer grabbed Duffy's elbow. He led him back to the table where he sat next to Clifford Nance. Theo took a deep breath.

Judge Gantry said, “Mr. Duffy, I have here a two-page Plea Agreement that I want you to read carefully.”

Duffy didn't reach for the document. Instead, he said, “I know what's in it, Judge. I don't need to read it. Mr. Nance has explained everything.”

“And you wish to plead guilty?”

“Yes, sir.”

“All right. In order to accept your guilty plea, I have to ask you a series of questions.”

Reading from a well-used manual, Judge Gantry began the questioning. First, he made sure Duffy knew what he was doing. Had he discussed all the issues with his lawyer? Yes. Was he satisfied with his lawyer's advice? Yes. Did he have any complaints about his lawyer and the job he'd done? No. Did he understand that he would spend the rest of his life in prison? Yes. That by pleading guilty, he was giving up all rights to an appeal? Yes, he understood. That he could never change his mind after he signed the Plea Agreement? Yes. Judge Gantry inquired about his mental state. Was he taking medications? No. Anything that might cloud his judgment? No. Anything that might prevent him from making such an important decision? No.

This began to drag a bit, and Theo had a great idea. He slowly pulled his cell phone out of his pocket, and hiding it behind a leg while staring at the back of the judge's head, sent a text to Ike:
With Gantry now. Duffy pleading guilty!!

The reply came seconds later:
I knew it.

Typical Ike. He thought he knew everything regardless of how much he really knew.

Theo was suddenly hit with the horrible thought that he had violated the trust Judge Gantry had placed in him. The judge would certainly want this little meeting to be kept quiet. This was a matter of the most serious nature.

Theo hurriedly sent another text:
Keep it quiet, big mouth.

Ike replied:
I'm in the courtroom. Everybody knows it.

That made Theo feel somewhat better. Secrets were hard to keep around the courthouse, anyway, and it was safe to assume the gossip was spreading like wildfire. He wisely decided to stick the phone back in his pocket.

When Judge Gantry finished his thorough questioning, he said, “Very well. I am satisfied that the defendant, Pete Duffy, is fully aware of what he is doing, has been properly advised by counsel, and is not being coerced in any way. Mr. Duffy, I hereby find you guilty of the murder of Myra Duffy, and I find you guilty of escape and evasion. All parties will now sign the Plea Agreement.”

As the judge spoke, Duffy sat back in his chair and glanced at Theo. Slowly, Duffy shook his head.

When the paperwork was finished, Judge Gantry stood and said, “Gentlemen, take your places in the courtroom, and I will address the jury.”

Mr. and Mrs. Boone were seated with Ike in the crowd, waiting. Everyone seemed to be talking at once, and the large, stately room buzzed in anticipation. When the lawyers appeared from the back, people took their seats. All eyes were on Pete Duffy as he walked to his chair, offering a fake smile along the way, as if things were just swell.

A bailiff stood and bellowed, “Order in the Court.” Things were instantly quiet and still.

Ike leaned over to Mrs. Boone and said, “I don't see Theo.” She shrugged. Mr. Boone looked puzzled. The kid was nowhere to be seen.

The bailiff waited until everyone was nice and settled, then yelled, “All rise for the Court.” Everyone jumped to their feet as Judge Gantry stepped through the rear door, his long black robe flowing behind him. And right behind the robe was his young law clerk.

As Theo stepped onto the bench and saw the packed courtroom, with everyone standing because of tradition, and everyone staring up out of respect, he decided at that instant that perhaps being a judge wasn't so bad after all. He told himself not to smile; things were far too important for that.

Judge Gantry lowered himself into his heavy, black chair, and said, “Please be seated.” As the crowd fell noisily back onto the benches, he pointed to an empty chair next to the bench and whispered, “Take a seat there, Theo.” Theo quickly sat down. His spot was just a few feet lower than the bench—more like a throne—and from there he could see every face in the courtroom. He winked at his mother but doubted she caught it. He gazed up at the packed balcony, and thought about all his buddies at school, toiling away in class. He noticed a few people staring at him, no doubt wondering “What's that kid doing up there?”

Judge Gantry said, “Good morning. Please bring in the jury.”

A bailiff opened a door and the jury filed in for the last time. Theo looked at the defense table and realized Pete Duffy was glaring at him.

Too bad, Pete. You're headed for a few decades in the slammer. And you're lucky to get that.

When the jurors were in place, Judge Gantry addressed them: “Good morning, ladies and gentlemen. A few minutes ago, in my chambers, the defendant, Mr. Pete Duffy, pled guilty to murder.”

Every juror looked at Pete Duffy, who was studying his fingernails. A few gasps rumbled through the crowd.

Judge Gantry continued, “In a month or so he will be formally sentenced by this court to prison for the rest of his life, without the chance of ever being paroled. So, at this point this trial comes to an end. I want to thank you for your service, for performing your duties as citizens. Our judicial system depends upon the unselfish service of people like you who do not volunteer for jury duty, but give of your valuable time anyway. You have been a wonderful jury, alert, attentive, and willing to serve. Thank you. At this point, you are dismissed.”

All of the jurors were surprised, some looked confused, but all seemed suddenly eager to leave the courtroom.

The judge looked at Pete Duffy and said, “The defendant will remain in the custody of the Stratten County sheriff until further notified.” He tapped his gavel and said, “Court's adjourned.”

As they were leaving the courtroom, Judge Gantry put his hand on Theo's shoulder and said, “Nice work, Theo. Now get your butt back to school.”

A
week later, Theo was in his office, suffering through his homework, listening to raindrops on his window, thinking about how boring life had become since the Duffy trial ended, when his mother opened his door and said, “Theo, could you please join us in the conference room?”

“Sure, Mom.” The meeting had been scheduled, though Theo would have little to say. He walked to the conference room, said hello to Ike, and shook hands with Sheriff Mackintosh. Both of his parents were there, and the adults had been meeting for some time before Theo was called in.

The sheriff explained that, in his opinion, Theo was entitled to the entire reward of $100,000. It was Theo who had spotted Pete Duffy, not once but twice. It was Theo who had been quick enough to take a video. He had called in Ike, and so on. It was Theo who had been recruited by the FBI to track down Duffy.

Theo certainly agreed with all of this. His problem was that his parents were getting in the way.

Mr. Boone said, “Yes, Sheriff, we know all of this, and we are very proud of Theo. But, as we've said, Theo has no business with this kind of money. Now or later.”

Mrs. Boone added, “And he had some help. Ike dropped everything and went to Washington to help Theo. We think Ike should get some of the money.”

Ike wanted a fifty-fifty split with Theo, but he wouldn't admit to this.

Mr. and Mrs. Boone had already suggested that half of the money should be given to Bobby Escobar, for obvious reasons. Without Bobby, there would have been no pressure on Pete Duffy to plead guilty. And, if anyone needed the money it was Bobby.

Mr. Boone suggested that $25,000 should be paid to Theo. The money would go into a trust account for college. Another $25,000 should be paid to Ike, in cash. And $50,000 should be given to Bobby, in another trust account to be handled by Mr. Boone. The money would be supervised by the court and spent wisely.

Theo didn't understand everything about a trust account. What he did understand, though, was that the money was off-limits to him and would be controlled by his parents. In other words, he couldn't touch it. He wasn't thrilled with the way the money was being divided. He couldn't get his hands on a dime. Bobby deserved something, but half?

However, Theo couldn't bring himself to argue with his parents. He didn't want to seem greedy, nor did he want to take anything away from Bobby.

Ike wasn't too thrilled either, but $25,000 was more than he had a month ago. Two days earlier, in a meeting Theo had not been invited to, Ike had argued with his brother and Marcella over how to split the money. He wanted more for Theo and himself and less for Bobby. They would not yield.

The sheriff asked Ike, “Is this okay with you, Mr. Boone?”

“Sure,” Ike said. Whatever. He was tired of arguing.

“And you, Theo?” the sheriff asked.

“Sure,” Theo said, though he really didn't have a vote.

• • •

On the narrow street behind the office, Omar Cheepe and Paco sat low in a four-wheel drive pickup. On the dashboard was a receiver with the speaker on. As they listened to the Boones and the sheriff, they shook their heads in disbelief.

“Now we know,” Omar said. “I suspected that kid all along, and Pete knew he and his crazy uncle were in the airport. Now we know.”

“But it's too late, right?” Paco asked.

Omar smiled and said, “Paco, Paco. Haven't you learned that it's never too late for revenge?”

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