“Andy, I'm not even talking about whether or not Gant is guilty, or whether we could make it stick even if Markham gave him up. I'm saying that making the decision to go after Gant is a huge one. The kind we'd both better be right on.”
“I agree, but we're not making that decision now. Right now we're just talking to Markham.”
He finally agrees, which I knew he would. Wallace is not the type to sweep things under the rug, no matter how politically powerful those things might be.
Pete makes a phone call to get us in to see Markham at his house. I drop Laurie and Tara off, then pick up Wallace. We drive out in my car.
We arrive at Markham's and the patrolman at the gate lets us through. The justice system has determined that electronic ankle bracelets are not enough to keep Victor and son confined, and that armed guards are necessary to prevent their possible flight. I concur.
The house is on a par with Philip's, which is to say it is magnificent. I reflect to myself that this scene of Victor's incarceration, albeit temporary, is rather different from Willie's residence for the past seven years.
A patrolman accompanies us inside, and we are led into the den, where Victor awaits us with his lawyer, Sandy Michelson. Victor has changed lawyers since the deposition, a wise move, since Sandy is a first-rate criminal defense attorney. I had asked that Edward not be a part of the meeting, and apparently Victor agreed, since Edward is nowhere to be seen.
I am stunned by the sight of Victor Markham. He's slightly pale, though he really hasn't changed much physically. However, his demeanor has changed so dramatically that he seems to be an entirely different person. He has been defeated and humiliated, and every move he makes screams that fact to the world. At least it would scream it to the world if he were allowed to leave his house.
Victor is actually cordial, offering us something to drink and inviting us to sit down. But he is without energy, sort of like a fat, rich, male Stepford Wife. Wallace tells him that a new development has come up in the case, and then he turns the floor over to me to outline the situation.
“Victor, I'm not here to tell you that your legal position is a shaky one. Sandy can do that, but I think you already know that wearing an electronic ankle bracelet is not a good sign. And I'm not here to work out a plea bargain; that is Mr. Wallace's job, should he care to do so. I'm here to tell you what I know.”
Victor just sits and listens with no noticeable reaction; I'm not even sure he is hearing what I am saying. But I push on. “I know that you, and Frank Brownfield, and Mike Anthony, and my father were at the house the night that Julie McGregor died. And I know that Philip Gant was there with you.”
I'm watching Victor's eyes as I bring up Philip's name, and the reaction is unmistakable. There is surprise, then a hint of fear, then definitely resignation. I realize in that instant that Victor on some level had been expecting Philip to help him, not to join him in custody.
“I believe it was Philip's house where it all happened. I can't prove this yet, but believe me, I will. It would be in your interest to help me.”
I'm expecting Victor to refuse, at least initially, but he takes me by surprise. “How would it be in my interest?”
Wallace says, “I'm prepared to discuss the possibility of a plea bargain in return for your truthful and complete testimony.”
Victor laughs, but it's not exactly a joyful one. “I'm sixty-four years old. My life is over, no matter what agreement we might reach. What will you offer me? A window in my cell? Extra cigarettes?”
Sandy leans in to whisper something to his client, and Victor responds by nodding slightly.
“I wasn't talking about a deal for you,” Wallace says. “I was talking about your son. Yours isn't the only life you've ruined.”
The conversation goes on for another hour, but Wallace handles most of it from our end. I spend most of that time thinking about Nicole, and how devastating it will be for her if this meeting accomplishes our goal. There's no way I can alert Nicole to what is going on, yet I feel as if I am betraying her by concealing it.
Both sides agree to consider their respective positions. Wallace will talk to the District Attorney about what they might do for Edward, and Victor will consult with Sandy as to what he might testify to. Both Wallace and I are surprised that it has gone as well as it has.
We are even more surprised two days later when Sandy Michelson presents Wallace with a proposal and a proffer of what Victor's testimony would be. The proposal is for Edward to plead guilty to a conspiracy to murder charge, which would probably result in his getting ten years in prison. The proffer confesses to the murder of Julie McGregor, implicates both Philip Gant and Brownfield, and places the scene of the murder at Philip's house. According to Victor, Philip is the one who pushed her into the pool with his leg, and Victor believes that at the time she was unconscious but alive.
It goes on to detail the events surrounding Denise's murder, which Victor claims was physically done by an unknown assailant hired by Philip. Apparently Philip has retained some connections from his time as a prosecutor dealing with the criminal element, and has used his considerable wealth to hire them. If true, it would also explain how the various attacks and threats were accomplished over the past weeks.
A proffer of this type is a document written by the plea bargainer, detailing what his testimony will be if an agreement can be reached. The law states that if the parties fail to agree, the prosecution cannot benefit from the proffer in any way. It thus becomes a confession and testimony that never legally existed. The purpose is to allow the prosecution to know exactly what testimony it is bargaining for, so that if the accused subsequently reneges and testifies differently, his reduced sentence is reinstated in full.
Wallace already knows what his boss will go for regarding Edward's sentence, and this proposal fits within those guidelines. He conveys to Sandy that the state agrees; all that remains is for Hatchet to put his rubber stamp on it. Wallace offers me the right to sit in on that meeting in Hatchet's chambers, which I am very grateful for.
Even though I won't have a significant role in the meeting, I still want to be prepared, so I bring home some books to study up on the relevant law. When I get home, there is a message on the answering machine from Nicole. She sounds tentative, a little nervous, but basically just wants to know how I am doing. I don't call her back; I can't tell her what's going on with her father, and it seems too dishonest to have a conversation without bringing it up.
The next morning at nine o'clock Wallace, Sandy, and I are ushered into Hatchet's chambers. His eyes focus on me. “What are you doing here?”
“I'm a friend of the court,” I answer cheerfully.
“Since when?”
The meeting goes without a hitch. Hatchet has to be surprised when Philip's name is mentioned, but he doesn't show it. He asks the correct, perfunctory questions of Wallace and Sandy, and they provide the proper answers. At the conclusion, he signs off on the plea bargain. Nothing to it, but when the results of this meeting are made public there will be a political firestorm unlike any since the Clinton impeachment.
When we leave the chambers, there is little said between the three of us. We all know the implications of what we are doing, and we're going to go about our business professionally. Sandy goes to Victor's to get him and Edward to sign off on the final agreement, Wallace goes to prep his boss for an afternoon press conference announcing the news, and I go home to watch what promises to be an amazing night of television.
THE PHONE CALLFROM SANDY MICHELSON comes at three o'clock. In a fairly steady voice he says that he's calling to inform me that his client, Victor Markham, is dead. After signing the proffer and watching Sandy leave with it, he went into his bathroom and took enough powerful pain medication to kill himself three times over.