52
Judge Buckingham surveyed the gathering in his chambers with displeasure. “The defense attorney has been arrested?” he said incredulously.
“Yes, Your Honor,” ADA Grover said. “When the officers attempted to serve the bench warrant, they discovered that Mr. Fisher was already under arrest.”
“For murder?”
“That appears to be the case. We’re still trying to sort it out, but apparently Mr. Fisher was found with a dead woman and the murder weapon in his hand.”
“I hardly think this is the place to get into the merits of that case,” Stone Barrington said.
“And who are you again?” Judge Buckingham said.
“Stone Barrington, Your Honor. Attorney for Mr. Fisher, appearing in his stead. I think you can understand why he is unable to be in court this afternoon.”
“You are using a murder arrest as an excuse for his failure to appear in court?”
“It beats ‘the dog ate my homework.’”
“So where does that leave us?”
“I believe we are entitled to a mistrial, Your Honor.”
ADA Grover nearly gagged. “A mistrial? Because the defense attorney killed someone?”
“Well, the defendant can hardly get a fair trial under the circumstances. Jurors are apt to hold Mr. Fisher’s arrest against him.”
“What do you propose, Mr. Barrington?”
“If Mr. Barrington would care to take over as defense attorney, we would have no objections,” ADA Grover said.
“I’m sure you wouldn’t, since I’m totally unprepared and know absolutely nothing about the case. But if you adjourn until tomorrow, I suspect Herb will be able to return.”
“What are we going to tell the jury?”
Stone considered. “To say the attorney’s been arrested would be highly prejudicial. There’s no way to continue after that.”
“What do you want to tell them?”
“Court’s adjourned until tomorrow. What more do they need to know? They’ll grumble a bit and go home.”
“And what’s going to happen tomorrow morning?”
“I’m sure Mr. Fisher’s misunderstanding will be straightened out and he’ll be back on the case.”
“Misunderstanding?” ADA Grover said sarcastically.
Judge Buckingham said, “All right. I’ll adjourn court until ten o’clock tomorrow morning, at which time Mr. Fisher better be here. If he’s not, he better be in jail. If he’s not, he soon will be.”
53
Joan stuck her head in the door. “There’s a Detective Wallace calling.”
“What does he want?”
“Herb Fisher.”
“What did you tell him?”
“I told him I’d take a message. That didn’t seem to thrill him, so we went through the rest of the dance. Then he asked to speak to you.”
“Then I better speak to him. Thanks, Joan.” Stone picked up the phone. “Stone Barrington. May I help you?”
“This is Detective Sergeant Wallace of the NYPD. I’m looking for Herb Fisher.”
“Well, you’ve come to the right place. I’m Mr. Fisher’s attorney.”
“Where is Mr. Fisher?”
“I’m sure I couldn’t tell you.”
“I have a bench warrant for Mr. Fisher.”
“Have you served it?”
“No.”
“Then it isn’t binding. Come back when you’ve served it.”
“Don’t think you can give me the runaround, Mr. Barrington, just because you’re friends with the commissioner. Impeding an officer of the law in the course of carrying out his duty is a criminal offense. It carries a jail sentence.”
“I’ll bear that in mind. If you’re done threatening me, I’d like to get back to business. I am rather busy at the moment.”
“I’m telling you that I have reason to believe that the object of the bench warrant, Herbert Fisher, is on your premises.”
“What is the reason for that belief?”
“Well, he’s not in his own apartment.”
“Oh? He’s not there so he must be here? I’d love to get you on the stand, Sergeant.”
Stone hung up and buzzed Joan. “If Detective Sergeant Wallace should call back, I’m not in.”
“Got it. And Herbie’s up.”
“Oh?”
“He’s awake, anyway. Sitting up in bed. He’s still groggy. Whatever he was on had quite a kick.”
“Good.”
“Good?”
“Then it’s sure to show up in his blood test.”
Stone went upstairs to the guest room. Herbie, dressed in Stone’s pajamas, was sitting up in bed. He looked up with tear-stained eyes.
“I didn’t do it.”
“I know.”
“You do?”
“Of course I do. No one thinks you did it.”
“The police do.”
“I strongly suspect they’ll come around to my view.”
“This is all my fault.”
“No, it isn’t.”
“Yes, it is. I was stupid and arrogant. I provoked a mob boss in open court.”
“You don’t know that’s why this happened.”
“Oh? What do you think? I accused a detective of being dirty. The detective is dirty. You think he takes that lying down? You think Taperelli doesn’t seek revenge? And I didn’t even warn Yvette. I didn’t say, hey, I’m treading on dangerous ground in court, we have to be careful, we have to look out. I just assumed everything would be fine.” Herbie shuddered, shook his head. “Oh, God. I don’t know how you come back from something like this.”
“I know,” Stone said gently.
Herbie looked at him. “That’s right. You’ve been through it with Arrington. How’d you cope? How did you get through it?”
The love of Stone’s life and the mother of his son had been killed shortly after they had been reunited and finally gotten married.
“It was hard. But I had to be strong for my son.”
“Right. For Peter. You had to be strong for him.”
“Yes,” Stone said. He didn’t know what to say next. Herbie didn’t have anyone like that. Herbie didn’t have anyone at all, just his work.
“Oh shit, the case! I’m supposed to be in court today!” Herbie lunged unsteadily out of bed.
Stone caught Herbie as he nearly fell, shoving him back onto the bed. “It’s all right. I got an adjournment.”
“The judge never gave me one.”
“No. It took something dramatic.”
“What did they tell the jury?”
“Nothing. That doesn’t mean they won’t hear.”
“And I’m supposed to stand up in court tomorrow morning as if nothing was wrong?”
“Unless you want to duck out. The judge issued a bench warrant. You’d be fleeing the jurisdiction of the court.”
“Big deal. I’m already accused of murder.”
“The charge won’t stick. Dino’s working on it now.”
“Personally?”
“He feels bad. He wants to help.”
“Nothing helps.”
“I know.”
Stone’s cell phone rang on his way downstairs. He tugged it out of his pocket. “Hello?”
“Stone Barrington?”
“Yes.”
“You’re Herb Fisher’s lawyer?”
“Yes, I am.”
“He’s really accused of murder?”
“Excuse me. Who are you?”
“Oh. I’m Melanie Porter. David’s sister.”
“David?”
“David Ross. Herb’s his lawyer. What happened?”
“I can’t tell you.”
“You don’t know?”
“You’re an anonymous voice on the phone. You could be a clever reporter, for all I know.”
“Let me speak to Herb.”
“I don’t know where he is.”