Hardy waited while she ate and gathered some strength.
"Anyway, my dad. He regretted that he didn't marry a pure Chinese. Instead, he marries Mom, you know, a black woman, and his family just hates her, and then I come along and look like her, at least color-wise…" She stopped. "And it wasn't like he didn't try to be nice to me, but you can tell if your parent doesn't like you, you really can. Nothing you do is right. And I guess I lost patience with trying all the time and getting nothing back in return and so then I got mad at him, and then…" She swiped a finger under one eye. "And then he dies before you can fix it up." She shook her head. "I'm sorry. I don't mean to dump on you."
"It's all right. I knew something was bothering you. I thought it might be something like this. You lose your dad, it's not trivial. Then with the extra baggage. Have you thought about maybe taking some time off, letting some of this settle out?"
"From work? God, no. Work's the thing that's keeping me sane."
"Because it keeps you so busy you don't have to deal with the other personal stuff?"
She started to say something, then pushed back from the table, pulled the robe close around her. She dropped her head, shook it slowly side to side, side to side.
They remained at the dining room table, the dishes pushed to one side. Second cups of Ovaltine, now forgotten, had grown tepid in front of them.
Hardy didn't want to add to Wu's pain right now by criticizing her performance in the Bartlett case, but she introduced the topic herself, laying it all out in a torrent of words. She had loved the idea of finessing Brandt, of snookering Boscacci. These arrogant men would see that she was good, could hold her own in a fair fight. Take that, Dad! It should have all worked out.
"Still, you really should have nailed down Andrew's plea before you even tried to make any kind of deal with Allan."
"I realize that now. I just got caught up in the rush of it. If I could do it. I couldn't believe that once Andrew saw the evidence, he wouldn't realize he had to lose."
"Except if it wasn't about the evidence, to him."
"But it's always about the evidence!"
"No. Not always. O.J. wasn't about the evidence. Patty Hearst. Mark Dooher- you remember Wes's famous case? Ask him if it was about the evidence. No. It was about the passion and commitment of the defense. The vision thing."
"But you don't need that if you already have an out. And Andrew had an out."
"You call that an out? An eight-year top?"
Her arms crossed, she sat back, defiant. "The other alternatives were too risky. I still believe it's madness to let him go to trial."
"Not if he didn't do it."
Wu closed her eyes, pushed on the lids with her fingers. "Please, sir. Not you, too. It's not whether he did anything. That's Law I-A. It's whether they can prove it. And they probably can, because he probably did."
Hardy jumped on that. "Aha. You said 'probably.' At last. Doubt enters."
Wu shook her head. "Not really. Not reasonable doubt, anyway. Not enough doubt to gamble his life away."
"Which brings us back full circle. All right," Hardy said. "Let's even go on the assumption that he's guilty. What else do you know about him? I mean, personally."
"With all respect, who cares? It's not who he is, it's what he did."
"No. Sometimes it's who he is. Who the jury sees. If you can make them believe he's somebody who literally wouldn't hurt a fly, they'll never believe he killed a human being. Or if you gave him a compelling enough reason…"
"It's jealousy, sir. Diz. I mean, he probably thought it was a good enough reason at the time, but no jury in the world, not even in San Francisco, is going to buy it enough to let him off. You don't get to kill people you're jealous of."
"All right. How about his home life?"
"He's a spoiled rich kid. Not a good sell."
"But abandoned by his father long ago, right? And pissed about it. Haven't I heard about him needing anger management therapy? Maybe he did it, but it was literally out of his power to control. You yourself got abandoned by your mother. You can certainly sell a jury on the rage." Hardy saw his cup of chocolate, lifted it and took a drink, made a face. "Look at Dan White. He sneaks into city hall and shoots the mayor and a supervisor dead one fine afternoon, and a jury of his peers basically lets him walk because he ate too many Twinkies that morning."
"He didn't walk."
"No. But he got less than the eight years Andrew didn't want to give away. My point is, now you're in it. You've got an opportunity with the seven-oh-seven to get a preview of what the witnesses will say at the trial…"
She stopped him. "How do I do that? That hearing's not about evidence. It's…"
"Wu. Listen to me. It's about whatever you can make it about. You're entitled to call witnesses about the boy's amenability to the juvenile system. The judge isn't going to stop you from calling just about anybody you want. He doesn't want to make a mistake and give you that issue on appeal. So you call Andrew's best friend. You call the guy who identified him in the lineup. You call his school principal, his counselor, his parents, his sister. You call his shrink. You're just trying to find out what happened. Not just that night, but to Andrew. You don't know what happened that night. Andrew doesn't know what happened. He wasn't there for the murder! How could he know? Hell, he called nine one one. Why would he do that?" Hardy sat back himself, crossed his own arms, dared a smile. "At the risk of sounding like David Freeman, you can actually have fun with this."
He came forward, intent now. "But you've got to commit, Wu. Whether or not he actually did it, your job is to get him off, any legal way you can. If he'd have copped the plea, okay then, you got him a deal he could live with. But he didn't. He couldn't live with it. Have you asked yourself why that might have been?"
"He's got to think he can get off."
"And why, looking at all the evidence arrayed against him, would he think that? Is he stupid? Does he think a jury won't convict him somehow?"
"No. I don't think he's stupid."
"Well? Could it be that he believes the system will work because he's innocent? I mean, is that even a possibility?"
"If it is, then he's a very unlucky guy."
"Okay. And if he's unlucky, what does that mean?"
She frowned, shrugged. "I give up, what?"
"It means someone else killed these victims."
She rolled her eyes. "The famous other dude. But-"
"Don't say it. It doesn't have to be a real person. It just has to be a believable story that a jury can take as an alternative. Let's say the teacher, what's his name?"
"Mooney."
"Okay, Mooney had another girlfriend before Andrew's, Laura is it?"
"Yes, Laura."
"Right. So this other girlfriend might have been jealous, too. As jealous as Andrew was. And maybe she also told a friend of hers. And, lo and behold, her father also owns a gun, and she had no alibi that night." Wu started to reply, but Hardy held up a hand. "I'm not saying there's any of this. But there's something out there somewhere, I guarantee it. There's always something." He paused, looked directly into her face. "At any rate, Wu, that's what I'm going to be looking for."
It took her a minute for the message to sink in, but then Wu sat up straight. "You? What do you mean, you?"
"Me. Your boss. I'm going to sit second chair with you on this."
"But…"
"No. No 'but,' I'm afraid."
Her mouth hung open for an instant. She swallowed hard, looked down then up. "If you don't think I can do the job, sir, then you might as well fire me."
"No. Although honestly, we considered it. You realize that nearly every decision you've made with this client from the beginning has been dead wrong, don't you? That you've compromised the firm's reputation to a significant degree?"
Unable to deny it, she could only nod.
He let her live with the harsh reality for a minute, then softened it somewhat. "But everyone makes mistakes, Amy. Everyone. And we don't want the firm to lose you. Beyond that, on a personal note, I've got to bear my own share of the blame for where this has all gotten to. I didn't do my job."