"She's not sure. He hasn't signed up for visiting hours yet, so except for her mama's hand-holding, it's lonely in the jailhouse. There's a piece of Tiffany that wants to Tammy Wynette him," Will said. "Stand by her man and all that. But her resolve is definitely weakening, and it isn't helped any by the fact that two of the other prisoners beat the crap out of her the other day because she wanted to watch Oprah while they were tuned in to Judge Judy."
"How about specifics, Will? Did you try to squeeze her on what she and Kevin did to Queenie, and why they killed her?"
"I've seen you interrogate teenage girls, Alex, and maybe I'm just not as tough on them as you can be. But I'm leaning toward believing her."
"About what?" I asked.
"Tiffany is absolutely adamant that McQueen Ransome was already dead when they got to the apartment. I couldn't budge her from that story no matter which way I came at her. She describes exactly how the old lady looked when they went in, how the drawers were pulled out of the dressers and cabinets, with her belongings all messed up."
I didn't speak.
"Don't be pissed off at me, Alex. Doesn't what the kid says mean anything?"
"That's certainly the way Queenie's body-and the apartment-looked when Tiffany left it. Whether that's what she walked into, I guess time will tell. Did she admit stealing anything?"
"Well, the fur coat."
Good job, Will. It would be hard to lose that larceny count at a trial. "Anything else?"
"She said Kevin found some things on the floor that were silver and had initials on them. Like cigarette lighters and tie clips. There were a lot of old snapshots-Tiffany said they were 'pictures of naked ladies.' Kevin helped himself to those."
So much for the pornographic photos. "But she didn't pick anything up?"
"Said she scooped up some coins from the closet floor, but they all had foreign writing on them that she couldn't understand, so she just dropped them back on the floor where they had been. Didn't think she could spend them on Adam Clayton Powell Boulevard. And one other photograph she said that must have fallen off the night table, right next to Queenie's body."
"What did she do with that?" I asked.
"Tiffany thought she had it in her pocketbook when she got locked up. Thinks the police gave the bag to her mother when she came to the station house after the arrest."
"Does it sound like a photo of anything we need?"
"Nah. She can't even explain why she took it. It's the deceased-McQueen Ransome-and a young boy. Like an adolescent. Tiffany called him 'a little white boy.' She thought he looked real pretty."
"Could be Queenie and her son, Fabian. She had lots of pictures of him in the apartment. Guess we ought to get it if we can, to corroborate her story. And to make sure we didn't miss anything else in the handbag. Give Helena Lisi a call and ask her to have Mrs. Gatts bring it in," I said.
"I forgot to tell you yesterday. You know, when I was talking to you while Mr. Battaglia was in your office? I could tell you were trying to get me off the phone," Will said with a nervous giggle. "Helena Lisi doesn't represent Tiffany anymore."
"Well, lucky you. That should make your life easier. Who's her new lawyer?"
"Josh Braydon."
"Big step up. Maybe you'll get some real cooperation now. Did Lisi put up a fight when the family fired her?" I asked. "Hope she got her money up front. Mrs. Gatts is in for quite a struggle if she thinks Helena Lisi won't kick back and scream for her retainer."
"Helena's not exactly out of it yet, Alex."
"What do you mean?"
"I hope you don't mind what I did. I didn't want to get in a hassle with you while Battaglia was sitting in your office, so I just went ahead and used my judgment."
"To do what, Will?"
"When Tiffany Gatts called and asked to talk to me, I could tell she was really frightened. She thinks her life is in danger. Her mother's, too. She begged me not to tell Helena Lisi."
"So how'd you get to Josh Braydon?" I asked. "How'd he get into the case?"
"I had the court appoint him, Alex. I know you're not going to like this. Josh Braydon? He's shadow counsel."
32
"U.S. Airways announces the departure of flight 3709 to Martha's Vineyard. Boarding will begin in approximately ten minutes, through Gate Five."
I paused while the gate agent repeated the information, trying to control my temper.
"What the hell were you thinking, Will? Shadow counsel? How dare you jeopardize a homicide investigation with that kind of idea?"
"I read the leading case, Alex. People Against Stewart. I'm pretty sure-"
"Don't cite cases to me," I said, trying to keep my voice down as it resonated through the terminal's seating area. " Stewartonly speaks to the dismissal of the indictment. The court never reached the issue of the propriety of shadow counsel. If you had bothered to read the dissent, Will, you would have seen that one of the jurists not only called the concept distasteful, but in violation of all ethical prosecutorial considerations."
Will Nedim was getting defensive. "Well, I'm sorry to disagree with you, Alex, but the appellate courts haven't-"
"This is no time to argue. That kind of ruse is not proper and it's not fair. I'd never think of doing anything like it."
"You weren't exactly available to check with and-"
"I've got to catch my plane now, and you've got to undo this. Where will you be tonight? I'll call you when I settle in at my house in a couple of hours, okay? I want to know who Tiffany Gatts claimed to be afraid of and everything else you told the judge to allow this sham to happen."
I scribbled his home number on the back of my ticket and trudged down the steps, out onto the tarmac, and up the steps of the small plane.
This was one more critical thing that Mike and Mercer would have to attend to. Who was funding Tiffany Gatts's defense? If her mother wasn't paying the bills, and if indeed she was fearful of letting her lawyer know her intentions, then we had to find out who was pulling the strings on this puppet.
I ducked my head to get through the entrance, which was several inches shorter than I was. I waited while the woman in front of me stowed her tennis racket in the overhead compartment, and then I sat in the second row, making notes about what I needed to do in response to Nedim's phone call.
"You writing a brief, Alex?"
I looked up and saw a familiar face. Justin Feldman, a prominent litigator in the city who also had a home on the Vineyard, sat opposite me across the narrow aisle.
"No, only a list," I answered. "I'm just letting off steam. I'm afraid I unloaded on one of the young lawyers in the office. Now I'm trying to repair the damage."
"Nothing terminal, I hope."
I respected Justin and had sought his advice in the past, especially on situations that involved ethical considerations, since he had chaired the bar association's prestigious committee. "Depends on your point of view. You know anything about shadow counsel?" I asked.
"Never heard the term."
"That's because you practice in a better place," I said, referring to the federal courts, where judges rarely tolerated the shenanigans that were commonplace stateside. "I'm only aware of one decision on point."
"What jurisdiction?" Justin asked.
"A Manhattan case a few years back. The perp was incarcerated, pending trial or plea. One day, he calls the prosecutor out of the blue. Claims he's ready to cooperate and give up his codefendants, but his lawyer has refused to let him do it."
"What was the lawyer's beef?"
"Turns out the defendant claims his lawyer was hired and paid for by somebody else-a major drug kingpin. When the defendant decides to accept the prosecutor's deal, he tells the judge that his lawyer actually said that the head of the drug ring would have him killed if he cooperated. That word would go back through the lawyer."
"What did the judge do?" Justin asked again.