"No."
"So you haven't talked to Abe?"
"Not yet. Frannie told me he called last night, but I got home late."
"He really wants to talk to you."
"And I him, of course. Maybe you could make us an appointment?"
"Isn't he coming down for this one? I know Clarence asked him."
This didn't strike Hardy as good news, but he covered his reaction with a smile. "Good. Maybe we can chat afterwards."
He sat and waited, aware of his nerves and his still-smoldering anger. He'd spent countless hours here in the DA's office-from back when he'd been a young assistant DA himself through his recent trials as a defense attorney. In well over ninety percent of those hours, there'd been conflict between himself and the person on the other side of that door. Since Jackman's appointment as DA, that had changed. Now in a few minutes, he knew he was about to go back where he belonged, on the defense side. It was perhaps going to be a subtle shift, and hopefully cordial, but a real one nonetheless.
Jackman's door opened. Marlene Ash was inside. Now that he thought of it, he should have expected that Jackman would have asked her, too. She was, after all, going to prosecute Parnassus and, in all likelihood, his client.
"Diz, how you doin'?" Jackman boomed. "Come on in, come on in. Sorry we're running a little late."
He came through the door, smiling and smiling. "If you and Marlene aren't finished," he began, giving them every chance, "I don't mean to rush you. I'm sure Treya and I can find some way to pass a few more pleasant minutes."
Jackman smiled back at him. Everybody was still friends. "Marlene thought she might want to stay a while, if you don't mind. There were a couple of things she wanted to run by you. Did Treya tell you I've asked Abe to stop by? And here he is."
Glitsky and Hardy sat on either end of the couch-neither words nor eye contact between them. Marlene still sat in her chair, Jackman pulled another one up. A nice little circle of friends around the coffee table.
Hardy got right down to it. "I understand that in the wake of Mr. Markham becoming a potential murder victim, you've decided to convene a grand jury. I hear that they are investigating not just Markham's death, but the whole Parnassus business situation. In fact, I think it was even my idea, originally, before anybody died. I just wanted you all to know that I really don't expect any huge public display to recognize my contribution here, although a tasteful bust in the lobby downstairs or a small commemorative plaque in the corner at Lou's might be nice."
Glitsky's scar was an unbroken line through his lips. "The man could talk the ears off a water jug."
Sitting back, Hardy extended an arm out along the top of the couch, affecting a relaxed pose that he didn't feel. "As my friend Abe points out, I'm a believer in communicating." He directed a pointed glance at Glitsky, then came forward on the couch. "I understand what some of you would like to happen next. I talked to Dr. Kensing about an hour ago. He told me that his wife now claims he admitted killing Markham." Hardy finally faced Abe. "I figure that's what you must have called me about, to give me a heads-up that you were bringing him in."
Glitsky said nothing.
Hardy continued. "But of course, since you interviewed my client despite my explicit request that you not do so, perhaps you were prepared to dispense with a courtesy call, too."
A muscle worked in Glitsky's jaw. The scar stood out in clear relief.
He went on. "I think the only reason he's not already in jail is because you decided to wait until Clarence was ready to sign the warrant." The expressions around the room told Hardy that he'd pegged it exactly. "But that's not why I'm here," he said. "I'm here to keep my client out of jail."
Glitsky snorted. "Good luck."
"I'm not going to need luck. If all you've got is the wife's story, you don't have any case that'll fly in front of a jury. You must know that."
Marlene took this moment to get on the boards. "According to Abe, we've got plenty to go with, Dismas. If the man's killed five people, he shouldn't be on the streets."
"Marlene, please. Let's not insult each other's intelligence. Dr. Kensing had no motive in the world to harm the family."
"That you know," Glitsky said.
Again, Hardy turned directly to face him. "Am I to assume that means that you have discovered one?"
Jackman cleared his throat and answered for Glitsky. "We assume, Diz, that the murders of Markham and his family are related. I think you would agree with that as a working hypothesis, wouldn't you? But that's really not germane. Dr. Kensing has plenty of motive for Markham. Plus means and opportunity."
"But no evidence, Clarence. No real evidence. It's mostly some motive."
"Don't shit a shitter, Diz," Marlene said. "First, we don't have some motive, we've got a ton of motive and nobody else has any. Second, we know when Markham was killed and Dr. Kensing was right there. Moreover," she went on calmly, "Markham got killed by drugs administered through an IV, and your client is not exactly a janitor. He's got access. So we've got motive, means, and opportunity and not the slightest doubt about these facts."
Hardy repeated his mantra. "But no physical evidence. No direct evidence. Nobody saw him do it and no physical evidence shows he did it. You can prove that maybe he did it, but maybe he didn't, and that, I need hardly remind you, is reasonable doubt."
"His wife says he admitted it," Glitsky growled. "That's evidence. Kensing told her he pumped him full of shit a day before the autopsy, before anybody knew he was murdered. Oh, you didn't catch that detail yet?" Glitsky cleared his throat. "I called you last night. I thought maybe we could talk about that. Maybe you didn't get the message."
"I told you not to interview my client," Hardy shot back. "Maybe you didn't get my message." Hardy fought to control his temper. This wasn't the way to get what he wanted. He turned to Ash. "So his wife, who hates him, says he killed her lover. That's it? You'll never convict on that."
But Ash remained calm. "I believe, with the rest of the evidence, that in fact I might, Dismas."
"'Might' is not particularly strong, Marlene."
"You want to help us do better, is that it?" Glitsky's tone was glacial.
"As a matter of fact, I have a suggestion that might have that effect," Hardy said. "I won't pretend that Dr. Kensing isn't my main concern. I know you're about to arrest him. Hell, maybe you've already got your warrant." Hardy waited, but no one admitted that. Which meant maybe it wasn't too late. He sucked in a breath. It was party time. "I'm going to do a little preamble," he began.
"Surprise!"
Hardy ignored Glitsky, made his pitch directly to Jackman. "Look. Let's say you bring in Kensing and charge him with murder. Abe could arrest him today. I'll even grant you that the wife's statement would almost certainly get you an indictment if you put her before the grand jury. In either case, you'd have to give me discovery, of course."
Discovery included everything about the prosecution-physical evidence, exhibits, testimony, police reports, and so on. The defense had the absolute right to the prosecution's case. This was Law 1A, but Hardy didn't think it was a bad idea to remind everybody that one way or the other he was going to see all the evidence they had anyway. It was automatic.
"But you haven't arrested him yet," he continued, "or brought him before the grand jury. So he's not been charged, and therefore there's no compulsion for you to share anything with me yet."
"Is the preamble over?" Glitsky asked.
Hardy didn't even acknowledge the interruption. He kept his eyes on Jackman. "What I propose is a horse trade." He pressed ahead quickly. "What you really want is Parnassus, Clarence. You know it, I know it, everybody here knows it. You want to find out where the rot is and cut it out, but you've got to be careful you don't cut it so badly that you kill it. If Parnassus goes belly up, the people who'll take the biggest hit by far are the city employees. Now this would be legitimate bad news for a lot of good people, but it's the worst possible political scenario for you, Clarence, if you want to keep this job and continue the good work you've started."