One lawyer was left: the big blond, Carrier. Legally, the case could go forward as long as one lawyer was alive, assuming the defendant didn't object. But if Steere filed for a mistrial or a continuance, that would make for a different result. Judge Rudolph didn't know the law on this point exactly because there was no law on it. How often did the lawyers get knocked off while a jury was out? The judge had told his law clerk to get his ass into chambers and come up with the right answer. Joey, who couldn't even buy milk.
Judge Rudolph jumped off the bath mat and scampered back across the chilly parquet to his dressing room, where he landed with both feet on the Oriental rug. His feet were so cold. He slipped into his socks first and was halfway into his suit pants when the telephone rang.
'Damn!' He hurried into the den to get the phone, holding his pants up with one hand. The last thing the judge needed was Enid awake and bitching. She hated the Steere case. She'd missed their winter vacation to Sanibel because of it, and when Enid didn't get to play golf she became unbearable. Judge Rudolph scooted down the hall into his den just as the phone rang again. He snatched it from the hook and his suit pants dropped to his ankles when he realized who the caller was. 'Mayor Walker,' the judge said, surprised.
'Cold enough for you, Harry?' the mayor asked. His voice sounded casual, as if he called the judge in the middle of the night all the time.
'Sure as hell is.' Judge Rudolph wasn't having any of it. The mayor was a Democrat and the judge a Republican, so the mayor would never back him for the Court. Pennsylvania was one of the few states that still voted for its judiciary, like prize heifers in a county fair, and for that the judge thanked his lucky stars. Except for the Democratic enclave that was Philadelphia, most of the state was conservative and Republican. 'Quite a storm.'
'Blizzard of the century.'
'At least of the reelection.'
Both men laughed unpleasantly. Judge Rudolph, standing in a wool pool of suit pants, knew Mayor Walker had pushed Steere's prosecution. The mayor would like nothing better than a mistrial, which would keep Steere in jail and release his properties. The judge would like nothing better than a verdict, which would ensure him a new robe.
'I'll get to the point,' the mayor said. 'I gather you've heard the news. Someone is killing Elliot Steere's lawyers.'
'I wouldn't go that far.' The judge hoisted his pants up by their waistband. He'd be damned if he'd discuss the Steere case with the mayor. How would it play out later?
'I would. Murder, kidnapping. A tragedy, and a catastrophe for the case.'
'It's a tragedy for the guards' families, but it shouldn't affect this case.' The judge was choosing his words carefully. It was risky to even entertain the call. Judge Rudolph knew only one way to protect himself. He pressed a button beside his phone and the audiotape hidden in his desk drawer clicked noiselessly into operation. 'I have no intention of discussing the merits of the Steere case with you,' the judge said as distinctly as possible.
'I'm not calling to discuss the merits,' the mayor said, equally distinctly. Peter Walker didn't get to be mayor by being completely obtuse. His own tape recorder had been rolling from the outset. 'I called to touch base with you on the procedure with the blizzard. Iron out the logistics. I've declared a snow emergency, but I can get the jurors escorted to their homes. When do you anticipate you'll be dismissing the jury?'
'There will be no dismissal. The jurors will remain in sequestration and continue their deliberations.'
'What? I can't imagine it would be lawful to go forward in these circumstances. One of the associates on the defense team, Mary DiNunzio, is in intensive care and not likely to pull through.'
'The defendant has a lawyer, a bright young woman,' the judge said. Maybe this was his chance to redeem himself for that 'tit' comment. 'She's very competent to handle the trial, as are many of the women who come before me. She works in an all-woman law firm, you know, Rosato and Associates. I have a great respect for that firm. I have no doubt they'll do everything in their power to protect the defendant's right to counsel and due process.'
On the other end of the line, the mayor rolled his eyes. Who was up for election here, the judge or him? Oh. Both. 'Lead counsel is missing, too. Marta Richter. How can you proceed without her?'
'Ms. Richter isn't missing. My law clerk spoke with her this evening and she was fine.'
'She may have been kidnapped!'
'That's speculation. Ms. Richter's whereabouts when court is not in session are not my concern. I have no facts which lead me to believe—'
'You don't have all the facts, Harry.'
The judge paused. The mayor could have useful information. 'Have the police found evidence of kidnapping?'
The mayor paused. The judge could have useful information. 'Has the defendant filed for a mistrial?'
Both men went mute while their tape recorders whirred away. A Philadelphia standoff.
Judge Rudolph cleared his throat after a minute. 'I'm extremely uncomfortable with this conversation.'
'I don't see why. I'm not asking you anything confidential. Whether a motion for a mistrial has been filed is a matter of public record. The roads are unsafe in this blizzard, and if you're continuing the deliberations, you'll need extra police personnel to transport the jurors to the Criminal Justice Center. Advance notice of that will help the city accommodate your needs during this state of emergency.'
'The case is going forward,' the judge said firmly. Judicially. 'If the defendant wants a mistrial he may file a motion through Ms. Carrier or on his own. He may even telephone me if he wishes. My law clerk knows where to reach me at all times. That's where you got this number, isn't it?' The judge shook his head. He'd ream Joey out when he got to chambers. Strike two for that boy. 'Also, I've ordered the jurors to continue their deliberations at their hotel, so I won't need to transport them to the Criminal Justice Center. I expect this will be our last conversation on this matter.' The judge hung up the phone and buckled his suit pants with satisfaction.
His toes wiggled happily, suddenly warm.
* * *
