Jack stood up to leave. There was no sense taking any more of the man’s time. “Thanks, Bruce. I appreciate your candor. I’ll have an answer for you very soon.”
“My pleasure, Jack.”
Henry waved good-bye as he followed Jack out of the office.
“You were awful quiet in there,” Jack commented as they walked across the street toward the subway.
“I didn’t have anything to say.”
“At least, not in front of him, is that it?”
“That’s about right, Jack.”
“So what do you think?”
“I think that Mr. Sentner was a little too sure of himself. He’s got Benny convicted already. I think that happens all too often in the public defender’s office. I imagine that same conversation happened when I was coming up for trial.”
“I don’t know. I understand your position, Henry, considering your own personal experience, but the evidence against Benny is pretty substantial. I think he’s right about this Dr. Wong too. I’ve seen experts like him skinned alive during cross-examination.”
“I imagine you did some of that skinning yourself, Daniel Boone,” Henry said with a sideways look at Jack, who cracked a smile.
They met Charlie that evening for dinner at an intimate little Italian restaurant on the Upper East Side called Pinocchio. When Jack called to tell Charlie they were coming to New York, she had insisted that they stay with her.
“I’ve got two extra bedrooms and I won’t hear of you staying anywhere else,” she’d declared. Jack couldn’t say no but mentioned that he couldn’t speak for Henry. When he brought up the invitation later, Henry told him he had relatives in Harlem and he wanted to get a chance to stay with them if possible.
“Just be ready. She’s going to bring it up as soon as we sit down,” Jack said as they walked into the restaurant.
Sure enough, after they had all kissed hello and were seated, Charlie got right to the point. “Are you going to stay with me, Henry?”
“I’d love to, Charlie,” Henry began, “but I have an aunt who lives in Harlem, and I’ve only met her once. She’s my mother’s younger sister, and I’ve already made arrangements to stay with her. I want to find out a little bit more about my mother. Besides, we don’t eat the same food as you folks. There’s only so much of this stuff I can take.”
Charlie laughed. Henry had totally disarmed her.
It was a wonderful dinner. Henry and Jack entertained Charlie with their stories about weekends on Lake Okeechobee. Afterward, Henry hopped a cab uptown while Jack and Charlie took a leisurely stroll to her apartment between Lexington and Park Avenues. She lived right in the heart of the neighborhood where Jack and Pat had grown up.
“Did Pat tell you this was our old neighborhood?”
“Of course she did.”
“It’s changed a lot. It used to be blue-collar. Nobody I know could live here anymore.”
“Yeah, that’s what I’ve heard. The only working people left are the ones who live in rent-controlled or rent-stabilized apartments.”
“It’s the same all over New York. This city has lost some of its soul.”
“You’re probably right, Jack. I don’t know. I’m originally from Indiana.”
“So is everybody else,” Jack replied. “Not from Indiana, I mean, but from someplace else. The people who were born and raised in Manhattan are gone.”
“Pat took me to some of your old hangouts. They seem the same.”
“The difference is there are only a few of them left.” Jack realized he was sounding like an old curmudgeon. He decided to change course. “Maybe we’ll stop at the Carlow East one night this week,” he suggested.
“I’d like that.”
They walked in silence for half a block until Charlie popped the question she’d been meaning to ask all night.
“So, have you been thinking about dating?”
Jack stopped in his tracks and looked at her. “Of course not,” he replied.
“Well, you should be, Jack. It’s time.”
“How do you know it’s time, Charlie? Is Pat talking back to you now?”
“Very funny, Jack. Actually, this is something she talked to me about before she died. She asked me to tell you when the time was right that she wanted you to go on and live a full life in every respect. I think this is the right time.”
They started walking again.
“Well, I don’t,” Jack finally answered. “I don’t know if it will ever be time.”
“Just be open to it, Jack. That’s all I’m saying. You’re too young to become a dried-up old prune.”
That got a laugh out of Jack. “All right, Charlie. I’ll try and be open to it. I’m sorry I jumped all over you like that.”
“Does that mean we’re still on for the Carlow East?” she asked.
“We’re still on for the Carlow East.”
Jack tossed and turned all night, wrestling with the decision of whether to represent Benny or not. He and Henry met for breakfast early the next morning.
“I can’t do this, Henry,” Jack said after they got their coffee.
“Do what?”
“Represent Benny. I’m convinced he’s guilty. I’m trying to seek justice for people who aren’t guilty. I’m not trying to get guilty people off.”
Henry didn’t answer right away. He simply took a deep breath and gathered his thoughts. “Jack, you know I love you,” he began. “You saved my life. But you need to expand your view of justice. It’s not black-and-white. It’s multicolored, and the different shades are very subtle. Your friend Luis was railroaded into the service to fight a war that, by the way, just about everyone now agrees was unjust. And the state put Benny into a foster-care program that was nothing more than legalized child abuse.”
“I hear you. But should I try to get a murderer off because he had a bad childhood? Is that what you’re saying to me?”
“Not at all. I’m just saying that justice means Benny is entitled to his day in court. Neither you nor anybody else should prejudge him. He should get the best defense he’s entitled to and the state should be required to prove its case-nothing more, nothing less.”
“What if I get him off and put a murderer back on the street? That’s the part I can’t get past.”
“All right, let’s work on that. How do we resolve that dilemma?”
“I don’t know, Henry. That’s what kept me up all night. I’d really like to help Luis.”
“Let me make a suggestion. Let’s go see Benny. We can get a feel for him just like you got a feel for me on that first visit. Let’s find out where he lived and talk to people who know him. If in the end it’s pretty clear that he’s a violent, dangerous person, then we walk away. But if he’s not and this murder charge appears to be an aberration, then you take his case and give him the best defense you can, which means you make the state prove its case beyond a reasonable doubt.”
Jack looked at Henry. It was a reasonable compromise, and it appeared that Henry had taken a long time to think it out. He’d probably done some of his own tossing and turning the night before.
“You think he’s innocent, don’t you?” Jack asked.
“Not necessarily, Jack. I think he’s entitled to a presumption of innocence-something I never had.”
“All right, Henry, we’ll talk to Benny. If he doesn’t appear to be a violent criminal and we can verify that independently, then I’ll take his case. The rest is out of my hands.”
44
The next day they rented a car and drove to Ossining Correctional Facility in Ossining, New York, about an hour and a half from the city. Jack had called ahead and made arrangements to see Benny. He was an expert at cutting through the prison red tape and expediting things; he’d spoken directly to the warden.
After they signed in and went through the normal procedure of being searched, the prison guards led them to a private visiting room. The guards were clearly keeping an eye on Henry, probably figuring that a man that size didn’t need a weapon to orchestrate a prison break.
Henry wasn’t feeling all that comfortable either. Walking through the prison gates and hearing them clang shut behind him sent chills up and down his spine. For a moment he felt like running, but he steeled himself. Henry knew that Benny’s fate actually depended on him. Even though Jack had experience dealing with death-row inmates, he didn’t really know how to get behind the almost impenetrable wall of a guy living in the prison system.