Harry asked how the FBI obtained a fingerprint from the child to match those found in the car. MeInune took a deep breath, and told about the Sprite can at the hospital, but was quick to point out that they were not investigating the child as a suspect when this happened, just as a witness, and so therefore they felt it was okay to lift the print. Harry didn't like this at all, but said nothing. McThune emphasized that if the child had been an actual suspect, they would never have dreamed of stealing a print. Never.
"Of course you wouldn't," Harry said with enough sarcasm to make McThune blush.
Fink walked him through the events of Tuesday, the day after the suicide, when young Mark hired a lawyer. They tried desperately to talk with him, then to his lawyer, and things just deteriorated.
McThune behaved himself and stuck to the facts. He left the room in a quick dash for the door, and he left behind the undeniable fact that young Mark was quite a liar.
From time to time, Harry watched Mark during the testimony of Hardy and McThune. The kid was impassive, hard to read, preoccupied with an invisible spot somewhere on the floor. He sat low in his seat and ignored Reggie for the most part. His eyes were wet, but he was not crying. He looked tired and sad, and occasionally glanced at the witness when his lies were emphasized.
Harry had watched Reggie many times under these circumstances, and she usually sat very close to her young clients and whispered to them as the hearings progressed. She would pat them, squeeze their arms, give reassurances, lecture them if necessary. Normally, she was in constant motion, protecting her clients from the harsh reality of a legal system run by adults. But not today. She glanced at her ciieni occasionally as if waiting for a signal, but he ignored her.
"Call your next witness," Harry said to Fink, who was resting on his elbows, trying not to stand. He looked at Ord for help, then at his honor.
"Well, Your Honor, this may sound a bit strange, but I'd like to testify next." Harry ripped off his reading glasses and glared at Fink. "You're confused, Mr. Fink. You're the lawyer, not a witness." "I know that, sir, but I'm also the petitioner, and, I know this may be a bit out of order, but I think my testimony could be important." "Thomas Fink, petitioner, lawyer, witness. You wanna play bailiff, Mr. Fink? Maybe take down a bit of stenography? Perhaps wear my robe for a while? This is not a courtroom, Mr. Fink, it's a theater. Why don't you just choose any role you like?" Fink stared blankly at the bench without making eye contact with his honor. "I can explain, sir," he said meekly.
"You don't have to explain, Mr. Fink. I'm not blind. You boys have rushed in here half-ass prepared. Mr. Foltrigg should be here, but he's not, and now you need him. You figured you could throw together a petition, bring in some FBI brass, hook in Mr. Ord here, and I'd be so impressed I'd just roll over and do anything you asked. Can I tell you something, Mr. Fink?" Fink nodded.
"I'm not impressed. I've seen better work at high school mock trial competitions. Half the first-year law students at Memphis State could kick your butt, and the other half could kick Mr. Foltrigg's." Fink was not agreeing, but he kept nodding for some reason. Ord slid his chair a few inches away from Fink's.
"What about it, Ms. Love?" Harry asked.
"Your Honor, our rules of procedure and ethics are quite clear. An attorney trying a case cannot participate in the same trial as a witness. It's simple." She sounded bored and frustrated, as if everyone should know this.
"Mr. Fink?" Fink was regaining himself. "Your Honor, I would like to tell the court, under oath, certain facts regarding Mr. Clifford's actions prior to the suicide. I apologize for this request, but under the circumstances it cannot be helped." There was a knock on the door, and the bailiff opened it slightly. Marcia entered carrying a plate covered with a thick roast beef sandwich and a tall plastic glass of iced tea. She sat it before his honor, who thanked her, and she was gone.
It was almost one o'clock, and suddenly everyone was starving. The roast beef and horseradish and pickles, and the side order of onion rings, emitted an appetizing aroma that wafted around the room. All eyes were on the kaiser roll, and as Harry picked it up to take a huge bite, he saw young Mark Sway watching his every move. He stopped the sandwich in midair, and noticed that Fink and Ord, and Reggie, and even the bailiff were staring in helpless anticipation.
Harry placed the sandwich on the plate, and slid it to one side. "Mr. Fink," he said, jabbing a finger in Fink's direction, "stay where you are. Do you swear to tell the truth?" "I do." "You'd better. You're now under oaui. iuu ^^^ five minutes to tell me what's bugging you." "Yes, thank you, Your Honor." "You're so welcome." "You see, Jerome Clifford and I were in law school together, and we knew each other for many years. We had many cases together, always on opposite sides, of course." "Of course." "After Barry Muldanno was indicted, the pressure began to mount and Jerome began acting strange. Looking back, I think he was slowly cracking up, but at the time I didn't think much about it. I mean, you see, Jerome was always a strange one." "I see." "I was working on the case every day, many hours a day, and I talked to Jerome Clifford several times a week. We had preliminary motions and such, so I saw him in court occasionally. He looked awful. He gained a lot of weight, and was drinking too much. He was always late for meetings. Rarely bathed. Often, he failed to return phone calls, which was unusual for Jerome. About a week before he died he called me at home one night, really drunk, and rambled on for almost an hour. He was crazy. Then he called me at the office first thing the next morning and apologized. But he wouldn't get off the phone. He kept fishing around as if he were afraid he'd said too much the night before. At least twice he mentioned the Boyette body, and I became convinced Jerome knew where it was." Fink paused to allow this to sink in, but Harry was waiting impatiently.
"Well, he called me several times after that, kept talking about the body. I led him on. I implied that he'd said too much when he was drunk. I told him that we were considering an indictment against him for obstruction of justice." "Seems to be one of your favorites," Harry said dryly.
"Anyway, Jerome was drinking heavily and acting bizarre. I confessed to him that the FBI was trailing him around the clock, which was not altogether true, but he seemed to believe it. He grew very paranoid, and called me several times a day. He'd get drunk and call me late at night. He wanted to talk about the body, but was afraid to tell everything. During our last phone conversation, I suggested that maybe we could cut a deal. If he'd tell us where the body was, then we'd help him bail out with no record, no conviction, nothing. He was terrified of his client, and he never once denied knowing where the body •was." "Your Honor," Reggie interrupted, "this, of course, is pure hearsay and quite self-serving. There's no way to verify any of this." "You don't believe me?" Fink snapped at her.
"No, I don't." "I'm not sure I do either, Mr. Fink," Harry said. "Nor am I sure why any of this has any relevance to this hearing." "My point, Your Honor, is that Jerome Clifford knew about the body and he was talking about it. Plus, he was cracking up." "I'll say he cracked up, Mr. Fink. He put a gun in his mouth. Sounds crazy to me." Fink sort of hung in the air with his mouth open, uncertain if he should say anything else.