The Fugitive

“Good morning.”

“I thought you would want to be here today. It promises to be rather eventful, and since you’re the real reason we’re even having this trial, I thought you might enjoy watching it come to an end.”

“An end?”

“Yes, an end. Do you know what a law clerk does, Theo?”

“Sort of. I think they do research for judges and stuff like that.”

“That’s part of it. I use clerks from time to time, usually law students home for the summer. Often they’re more trouble than they’re worth, but occasionally I’ll get a good one. I like the ones who don’t say much but are good listeners and watch things closely in the courtroom.” He stood and stretched his back. Theo was afraid to speak.

Judge Gantry said, “I was here until almost midnight last night, Theo, meeting with the lawyers. A lot of stuff is happening, and I want your opinion.” He began pacing behind his desk, still stretching as if he had pulled a muscle somewhere. “You see, Theo, Myra Duffy has two sons, Will and Clark, two fine young men who are in college. I’m sure you’ve seen them in the courtroom. They’ve been here every day.”

“Yes, sir.”

“Their father was killed in a plane crash when they were young teenagers. After a few years, she married Pete Duffy, and Will and Clark got along well with their stepfather. Pete was good to them, provided for them, took them places, and has paid for their college. Of course they are bitter and broken over what happened to their mother, and they want him punished severely. But they have decided that they do not want Pete to get the death penalty. They think it’s too harsh, and they still have some feelings for the man, in spite of what he did. They’ve spent a lot of time with their aunt, Emily Green, Myra’s sister, and together they’ve made a family decision. No death penalty for Pete. Yesterday, after Bobby testified, and after it became pretty obvious that the jury is likely to find Pete guilty, they approached Jack Hogan and asked him to back off the death penalty. This puts Jack in a tough position. As the State’s prosecutor, he has the obligation to punish murderers to the fullest extent of the law, but Jack has never asked a jury to condemn a man to death. He also allows the family of the victim to have considerable input into the matter. Last night, Jack Hogan approached Clifford Nance and told him of the family’s decision. Hogan also offered a deal — a plea bargain. If Pete Duffy will admit to the murder, the State will suggest a sentence of life in prison, without the chance of parole. LWOP, as it’s known. Life without parole. I was notified, and we met here for several hours last night discussing the plea bargain. It means, of course, that Pete Duffy will eventually die in prison, but he won’t sit on death row waiting to be executed. It also means that this case will come to an end and the lawyers won’t be forced to spend the next fifteen years fighting through the appeals. As you probably know, capital murder verdicts drag on for years. Now, I have to either approve of the plea bargain, or not. What do you think about it?”

“Will Pete Duffy take the deal and plead guilty?” Theo asked.

“Don’t know yet. I suspect he had a very long night in jail. Clifford Nance is leaning in favor of the deal, and when we last spoke he had decided to recommend to Pete that he take it. Anything is better than living on death row waiting for an execution.”

“I like it, Judge,” Theo said. “When I think of the death penalty, I think of serial murderers and terrorists and drug dealers, really nasty people. I don’t think of men like Pete Duffy.”

“Murder is murder.”

“I guess, but Pete Duffy wouldn’t commit murder again, would he?”

“I doubt it. So you’re in favor of the plea bargain?”

“Yes, sir. I have some doubts about the death penalty anyway. With this deal, the man gets punished, the family is satisfied, and justice is done. I like it.”

“Okay. The lawyers will be here in a few minutes. I want you to take your seat over there and stay out of the way. Not a peep, okay?”

“Sure, but would a real law clerk have to hide in the corner?”

“So you want a seat at the table?”

“Sure.”

“Sorry. Just consider yourself lucky to be here.”

“Yes, sir. And thanks, Judge.”

Chapter 25

The air was heavy with tension as the lawyers filed into the room. Several glanced at Theo in the corner but no one seemed to care. There were far more important matters at the moment. They packed around the long table, opened their briefcases, pulled out papers and notepads, and settled into place. Judge Gantry took his seat at one end and the court reporter situated herself next to him. On one side was Jack Hogan and his gang of prosecutors. On the other was Clifford Nance and his defense team. Pete Duffy was not present.

Judge Gantry said, “Let’s go on the record,” and the court reporter began pressing keys.

“Mr. Nance, the offer on the table has not changed since midnight. Has Mr. Duffy made a decision?”

Clifford Nance looked as though he hadn’t slept in a week. He wore expensive suits and always looked the part of a successful trial lawyer, but now his tie was crooked, his shirt wrinkled. He said, “Your Honor, I met with my client at midnight, and again this morning at six a.m. He has finally agreed to plead guilty and take the deal.”

“Mr. Hogan, do you have the Plea Agreement?”

“Yes, Your Honor.” One of Hogan’s assistants produced a neat stack of papers and everyone got a copy. Hogan said, “It’s fairly straightforward, Your Honor.”

Theo had heard this before. In fact, his father claimed that when a lawyer says something is “fairly straightforward,” then you’d better look out. It’s actually pretty complicated.

The lawyers slowly read the agreement. It was only two pages long, and, in fact, fairly straightforward.

Judge Gantry said, “The defendant pleads guilty to one count of murder and gets a sentence of life without parole. He also pleads guilty to one count of escape and gets a sentence of two years, which will run concurrently with his life sentence.”

“That’s right, Your Honor,” Hogan said.

“I have decided to approve this Plea Agreement. Bring in the defendant.”

A deputy prosecutor stepped to the door, opened it, and nodded at someone in the reception area. A uniformed officer walked in, followed by Pete Duffy, who was followed by another officer. There were no handcuffs and no leg chains. Duffy was wearing his standard dark suit. Oddly, he seemed relaxed and managed to smile at Judge Gantry. As he was about to sit next to Clifford Nance, he glanced around the room and saw Theo. His smile vanished. His spine stiffened. He took a few steps toward the corner.

Theo knew Duffy wouldn’t hurt him, not at this point anyway, but his heart froze for a second. Duffy glared at him and said, “You found me, didn’t you? At the airport in Washington. It was you, wasn’t it?”

Theo wasn’t about to answer, but he returned the glare and didn’t blink.

“That’s enough,” Judge Gantry growled as an officer grabbed Duffy’s elbow. He led him back to the table where he sat next to Clifford Nance. Theo took a deep breath.

Judge Gantry said, “Mr. Duffy, I have here a two-page Plea Agreement that I want you to read carefully.”

Duffy didn’t reach for the document. Instead, he said, “I know what’s in it, Judge. I don’t need to read it. Mr. Nance has explained everything.”

“And you wish to plead guilty?”

“Yes, sir.”

“All right. In order to accept your guilty plea, I have to ask you a series of questions.”

Reading from a well-used manual, Judge Gantry began the questioning. First, he made sure Duffy knew what he was doing. Had he discussed all the issues with his lawyer? Yes. Was he satisfied with his lawyer’s advice? Yes. Did he have any complaints about his lawyer and the job he’d done? No. Did he understand that he would spend the rest of his life in prison? Yes. That by pleading guilty, he was giving up all rights to an appeal? Yes, he understood. That he could never change his mind after he signed the Plea Agreement? Yes. Judge Gantry inquired about his mental state. Was he taking medications? No. Anything that might cloud his judgment? No. Anything that might prevent him from making such an important decision? No.