The judge who has been assigned is Susan Timmerman, who coincidentally presided over the arraignment the last time Dylan and I tangled. She is a fair, deliberate jurist who can handle sessions like today’s in her sleep. I would be quite content if she is assigned the actual trial, but that will be decided by lottery sometime down the road.
Dylan does not come over to exchange pleasantries before the session begins, and seems to avoid eye contact as well. I say “seems to” because not being an eye-contacter myself, I can’t be sure. I’m not even positive what eye contact is, but Laurie says you know it when you see it. Of course, it’s hard for me to see it, because I don’t do it.
The gallery is packed, and Kenny’s wife, Tanya, sits right behind us, a seat I assume and hope she’ll be in every day of the trial. I also see a few of Kenny’s teammates in the third row. That’s good; their abandoning him would be a major negative in the eyes of the public. And as I said, twelve members of that public are going to be the jurors in this case.
Dylan presents the charges, and I can see Kenny flinch slightly when he hears them. The State of New Jersey is charging Kenny Schilling with murder in the first degree, as well as an assortment of lesser offenses. They are also alleging special circumstances, which is New Jersey’s subtle way of saying that if it prevails, it will pay someone to stick a syringe in Kenny’s arm and kill him.
There is a slight tremor in Kenny’s voice when he proclaims himself not guilty, and I can’t say I blame him. If I were charged with a crime like this, I’d probably croak like a frog. Kenny is used to being applauded and revered. New Jersey is calling him a brutal murderer, and the worst thing that’s been said about him before this is that he has a tendency to fumble more than he should.
Judge Timmerman informs us that a trial judge will be assigned next week, then asks if we have anything we need to bring up.
I rise. “There is the matter of discovery, Your Honor. We’ve discovered that the prosecutor does not seem to believe in it. They have not turned over a single document to us.”
Dylan rises to his feet, a wounded expression on his face. “Your Honor, the defense will receive what they are due in a timely manner. The arrest took place on Friday, and this is Monday morning.”
I respond quickly. “Since I had no evidence to examine, Your Honor, I spent some time over the weekend looking at the rules of discovery, and it quite clearly states that the prosecution must turn over documents as they receive them, even if, God forbid, it interferes with their weekend. I might add that they were able to find the time during that same weekend to provide information to the media. Perhaps if I had a press pass, I would have a better chance of getting the information the discovery statute requires.”
Judge Timmerman turns to Dylan. “I must say I was concerned by the amount of information available in the media.”
Dylan is embarrassed, a state I would like to keep him in as much as possible. “I do not countenance leaks to the press, Your Honor, and I am doing all I can to prevent it.”
I decide to push it and agitate Dylan even more. “May we inquire what that is, Your Honor?”
Judge Timmerman asks, “What are you talking about?”
“Well, Mr. Campbell has just said that he is doing all he can to prevent leaks. Since he’s obviously failed, I would like to know exactly what affirmative steps he’s taken. Perhaps you and I can give him some advice and make him better at it in the process.”
Dylan blows his top on cue, ranting and raving about his own trustworthiness and his outrage at my attacking it. Judge Timmerman calms the situation down, then instructs Dylan to start providing discovery materials today.
“Is there anything else we need to discuss?” she asks, clearly hoping that the answer will be no. I could come up with other diversions, but that’s all they would be, and they really wouldn’t divert. The fact is, I could strip naked, jump on the defense table, and sing “Mammy,” and it wouldn’t be the lead story on the news tonight. The lead will be that Kenny Schilling, star running back for the Giants, is facing the death penalty.
It takes me twenty minutes to get through the assembled press outside the courthouse. I’ve changed my standard “No comment” to an even more eloquent and memorable “We’re completely confident we will prevail at trial.”
Winston Churchill, eat your heart out.
* * * * *
THE FIRST MESSAGE on my call sheet when I get back to the office is from Walter Simmons of the New York Giants. I have to look twice at the sheet before I can believe it. The New York Giants are calling me, Andy Carpenter.
I have been waiting for this call since I was seven years old. But is it too late? I’m almost forty; can I still break tackles like I used to? How will I handle the rigors of two-a-day practices? Can I still run the down-and-out, or is my body down-and-out? All I can do is give it a hundred and ten percent, and maybe, just maybe, I can lead my beloved Giants to victory and…
There’s just one problem. I’ve never heard of Walter Simmons. If he were involved with the football side of the operation, I would know the name. I can feel the air go out of my balloon; the love handles resting on my hips are actually starting to deflate.
I call Simmons back, and my worst fears are confirmed: He is the Giants’ vice president of legal affairs. “I’d like to talk to you about this matter with Kenny Schilling,” he says.
“You mean the matter in which he is on trial for his life?”
He doesn’t react to my sarcasm. “That’s the very one.”
He wants to meet in his office at Giants Stadium, but I’m pretty busy, so I tell him he can come to me. He doesn’t really want to, and I must admit that the prospect wouldn’t thrill me either, since my office doesn’t inspire much in the way of respect and awe. It’s a three-room dump in a second-floor walk-up over a fruit stand. Everybody tells me I need to upgrade our office space, which is probably why I don’t.
Simmons and I wrangle over the meeting location for a brief while until I come up with the perfect solution.
We can meet at Giants Stadium. On the fifty-yard line.
My drive to the stadium takes about twenty-five minutes, and a security guard is in the empty parking lot to greet me. He takes me in through the players’ entrance, which allows me another three or four minutes of solid fantasizing. Before I know it, I’m on the field, walking toward the fifty-yard line. A man who must be Walter Simmons, dressed in a suit and tie, walks from the other sideline to meet me at midfield. It’s as if we’re coming out for the coin toss.
A group of players is on the field, in sweat suits without pads. They’re throwing some balls around, jogging, doing minor calisthenics. A placekicker booms field goals from the forty-yard line. These are no doubt voluntary off-season workouts; the serious stuff is a good month away.
Of all the people on the field, Walter Simmons is the only one I could outrun. He looks to be in his early sixties, with a healthy paunch that indicates he’s probably first on line for the pregame meal. He’s got a smile on his face as he watches me react to these surroundings.
“Not bad, huh?” he asks. “I come down here fairly often. It brings me back to my youth.”
“Were you a football player?”
He grins again. “I can’t remember. At my age, after lying about my athletic exploits for so many years, I’m not sure what’s true and what isn’t. But I certainly never played in a place like this.”
One player on the field overthrows another, and the next thing I know there is a football at my feet. I pick it up to throw it, glancing toward the sidelines just in case a coach is watching. This could be my chance.