'Did you tell Finotta that Sandvick was going to blow the whistle on him?' Hersig asked, cocking an eyebrow.
Joe thought for a moment, then: 'Yup. I did tell him that when I saw him the other day'
Hersig raised his hands in a 'what can I do?' gesture.
'I trusted Matt,' Joe said.
'What's not to trust about Matt?' Hersig said cynically
'Finotta got to him, didn't he?' Joe asked. if Hersig looked thoughtful. 'Probably But there's not a whole hell of a lot we can do to prove it unless Sandvick changes his mind again. And believe me, if he changes his mind, Finotta will slaughter him in court and point out that Sandvick changed his story three different times. That's not real credible.'
Joe shook his head. 'What kind of a guy are we dealing with here? Finotta, I mean. Would he intimidate a witness over a poaching charge?' Joe knew that if Finotta were convicted, he would, at best, lose his hunting privileges and have to pay $10,000 in fines. Finotta could certainly afford that. Game violations were shamefully lenient compared to other crimes, Joe thought.
Hersig smiled ruefully 'You know about those big hunters he hosts every year. He's got the governor, both senators. Lawyers and judges from all over. It would be a real loss of stature if word got out that he was convicted for poaching. That's a crime for lowlifes not big-time lawyers and developers. It would get press attention and embarrass the hell out of Finotta in front of his big-shot pals. So you bet he'll fight it. He's the kind of guy who will work behind the scenes and call in all his chits to get what he wants. Finotta isn't the kind of guy to just accept a bad hand.'
'Look, Joe,' Hersig said, 'Finotta's made most of his money by settling cases out of court. He's merciless in working the system and putting pressure on people. He's even been officially warned about intimidating those who plan to testify but never brought up on charges, and no sanctions have ever been filed against him.'
Joe sighed. Then he thought of something. 'I still have the DNA sample of the dead elk,' Joe said eagerly 'We don't need Sandvick if we can get that mount and prove that it's a match.'
Hersig shook his head. 'I thought of that. I brought it up with Judge Pennock and he won't sign a warrant to go get that elk. He told me he thinks you've harassed Mr. Finotta quite enough.'
'He said that?'
'It's a direct quote.'
Joe banged the desk with his knuckles. 'Finotta is Pennock's pal. Pennock has an interest in Elkhorn Ranches.' Finotta, Joe thought, played in a different league than he or Robey Hersig.
Hersig held up his hand to caution Joe. 'It's best not to cast aspersions on the judge in this office.'
'Shouldn't Judge Pennock give this one to another judge? Isn't this a conflict of interest?'
'Recuse himself, you mean?' Hersig said, raising his eyebrows. 'Do you actually want me to suggest that to him?'
Joe read in Hersig's expression that challenging Judge Pennock was absolutely the last thing Hersig wanted to do.
'Yup,' Joe said. 'That's exactly what I want to do. What about Judge what's-his-name in Johnson County?'
'Judge Cohn?' Hersig placed both of his hands on his face and rubbed his eyes as if Joe were torturing him.
'There isn't a person in Twelve Sleep County that wouldn't think it was wrong for Judge Pennock to preside over a crime involving his business partner,' Joe said. 'Even Pennock can understand that'
'So you need to ask Pennock to assign the case to another judge,' Joe said, and stood up.
Hersig looked up and spoke sharply 'Joe, what you're talking about will get you in all kinds of trouble. You think Finotta is going to give up? He's got a personal line to the governor, and to your director. I've got to tell you this case is really weak. You've got a witness who recanted and the only way you can prove anything is to get an order from a judge in another county to search the home of a Twelve Sleep County rancher and lawyer. Do you really think that mount will still be on the wall when you go to get it? My guess is that instead of that elk, there will be a charming English hunting print or some damn thing.'
Now Hersig stood up, his face softening. 'Joe, I like you. You are one of the few good guys I know But this has turned into one of those cases where a truck backs up to the courthouse and dumps a huge pile of steaming shit on the floor. My job would be to try to convince the judge and jury that somewhere in all of that shit a gem of a case is buried, if they'll just be patient and get used to the smell. And to tell you the truth, if you were to keep pressing, it would start to sound a little like harassment.'
Joe listened. He was surprised how vehement Hersig was. 'Keep this up and I might be prosecuting you, Joe.'
'This just really makes me mad,' Joe said. 'The guy killed the biggest elk in the Bighorns and left the meat.'
Hersig waved Joe away 'I know: I know. You already told me that. There's just not much I can do here.'
Joe turned and fumbled to open the door without banging the chair he had been sitting in.
'Joe!' Hersig called after him.
Joe leaned back into the office.
'I hate to say this, but usually the assholes win.' Joe stood silently for a moment, then put his hat on his head. 'Seems like, in this county they do,' Joe said, and closed the door hard.
***
