His idea had seemed so simple, so right. He would go to the woman and tell her. But he’d wound up off by himself, talking to himself. He’d wound up shaming himself with the things he’d found to talk about. How had he ever gotten started on his father? How, in a room where Junior’s ghost burned in every nook and cranny? He’d found no way to free the unhappy spirit, to start it speaking honestly. Instead new ghosts had gotten in the way: the skeletons in Kit’s closet, the hero the mother imagined, the looming Grand Jury. Too many ghosts, too much confusion. He couldn’t even set the story straight for the one person who should hear it first.
“I ain’t done with you yet!” Louie-Louie called suddenly, across the room.
The brother’s features remained powerful, though his glare had lost something. “Yeah, you,” he said. “You still got a lot to answer for.”
“Huh,” the mother said. “Little boys got to play.”
One last time, Kit looked around the overcrowded room. The Krishna curtain flapped and winked over a radiator making more noise than ever, doing its best against the deepening cold, pumping out rainbows and halos.
Chapter 7
Monday morning Corinna beat the process server to the office, but not by much. Kit was the first one in. His empty apartment drove him away, with no more than coffee and an unbuttered slice of toast to go on. Then came Corinna, heaving a big, body-length sigh to see her boss once more at his desk. Naturally, Zia arrived last. The writer showed up yawning and stomping off boot-slush, a good three quarters of an hour after the process server had gotten Kit’s signature and gone. But in the meantime Kit had said nothing about the paper. When Zia got to the office he still hadn’t explained to Corinna — to anyone — what he’d decided to do.
The process server made Kit nervous just to look at him. The man wasn’t forty yet, not much older than Kit himself really, but already he appeared to be a boozer. His pouchy, florid face called to mind vodka breakfasts. It called to mind Ad and Amby out in Monsod. Mechanical over his clipboard and mail-packet, he was with the sheriff s office. He was serving a subpoena.
Kit took the packet back to his desk, behind the reflections afloat in his glass walls.
NOTES: phone con. Asa Popkin, att’y.
(Monday AM)
criminal subpoena—2 kinds of cases, civil & criminal. Misdemeanors etc. = civil; felonies etc. more serious = criminal. Thus crim. sub., subpoena to “criminal case,” but not necess’ly for “criminals.” Name misleading. SOURCE: Asa Popkin, jr. partner at Steyes family att’ys.
EXAMPLE: Kit gets first look at papers (note hands v. spidery and task-specific as he removes & unfolds), & then K says to Corinna, Relax, relax. Nobody’s charging me with anything.
Grand jury—State-level investigations into possible crim. wrongdoing. Note possible wrongdoing: G.J. investigates, only. Cannot itself prosecute or convict.
EX.: K says to C, Relax. They just want testimony.
— Note crim. wrongdoing: G.J. covened only where felony indictments expected. District Attorney initiates. Crim. sub. required. Wording of document carries harsher implications of “crim.,” suggesting 1), hierarchy of lords & vassals, 2), finality of exorcism: In the name of the Commonwealth of Massachusetts you are hereby commanded to appear…
EX.: Looking over subp., C reveals Cosmo-Girl nerves, touching hair & belt. Says, K, you better talk to your lawyer.
Officer’s return—Receipt for papers served. Server must be officer of court; s/he delivers original plus one copy of crim. sub., & person served signs & returns copy. Note keeping original = closeness to Source, to Absolutes.
EX.: C says, K, call your lawyer. Call the guy. You told me when I signed the contract that he was a good one.
—“Off. Ret.” also name of folk song? Heard on lan & Sylvia album? Carolyn Hester? Tune comes to mind, keening Highlands thing.
EX: Trying to recall K retreats to desk, & w/ subp. in lap stares out over front cubicles. Hospital spaces. Numbed soldier returned from war. If K. called Bette now, if he reached her out on island, would she sing it for him, “Off. Ret.”? Memory: B.’s salt-raw soprano
True bill of indictment—Actual criminal charges, brought following G.J. G.J. not bound by same rules court of law; hearsay allowable, cross-examination by several officers at a time, badgering & entrapment of witn’s. Whole purpose of G.J. to generate indictment. Note dunning reminders of authority:
True bill. Authority, sanctity, ultimacy.
!—Strongly recc’d have att’y present at G.J.
!—Strongly recc’d meet w/ att’y beforehand & establish testimony.
EX.: Pop’s intensity recalls Law maniacs at Harvard, all-nighters all exam week. Pop reports rumors of “tough” G.J., speculation in yesterday’s Globe. Says, I saw your name in the paper, too, K. You were in there all weekend. Speaking to you as my client, K., I’m not sure that this delay in coming forward will cast your testimony in the best light.
Gag order, Shield law—Aspects of G.J. pertaining journalists, media.
— Gag o. judicial order to keep all testimony & exchanges w/in G.J. confidential. Not usual case. In usual case only materials produced by G.J. itself are confid’l. Only court recorder’s notes etc. confid’l. Anyone else free to speak, publish.
— Gag o. must be requested from circuit court, & judge doesn’t always agree. D. A. who wants set up G.J. quickly won’t bother.
EX.: K nodding at phone, trying sound like he knows what he’s doing: Oh yeah, the Gag o. I don’t see anything like that here.
— Shield law journalist’s right of confidentiality, re. sources. Even before G.J., journ’t. may omit details or refuse to answer when source’s safety in question. Mass. sh. law oldest in country. Colonial.
Applies esp. if source currently incarcerated (squealers die). Also family members of incarcerated source, themselves out of prison, considered vulnerable.
Re. Carlos “Jr.” Rebes, self, Sh. law irrelevant. But, Pop says, if you as my client were in touch with his family, and if in your judgment his family is facing possible abuse or serious harm.
!—Sea L can publish (see Gag o.).
!—K. can remain silent (see Sh. law).
ABUSE OR SERIOUS HARM—
EX.: K makes app’t to meet Pop @ lunch. 12:30. Eyes stray to table teepees up over desk, paper V’s taped to glass walclass="underline" Jackalope from Wyoming, etc. Cartoon paper, picked up when younger & travelling alone.
*
“Is this about the subpoena?” Corinna asked. “Is there something in that subpoena, making you do this?”
Kit kept shaking his head. By now Corinna and Zia had asked the same question, in one form or another, two or three times apiece.