That was this morning. This afternoon, an eighth-grader had demanded an expensive jacket from a classmate. The jacketed youngster ran and was shot four times, twice to the head, twice to the back The boy was dead before he hit the ground. The shooter explained that it was his classmate’s fault He ran away after being ordered to give up his jacket.
None of these kids was doing especially well in math or English. Their primary school was the street. And the primary lesson of the street was how to get a gun and how to use it.
The drive-by shooter had yet to be picked up.
But the eighth-grader was in custody. How should he be tried? Was he what he looked like: a little boy just starting his teen years? As such he would go through the juvenile justice system and, if convicted of an extremely serious crime such as murder, he would be incarcerated with other juvenile offenders until he was twenty-one. Would he learn anything helpful in those years? Or would he emerge older but just as lethal?
If he were fifteen or older, he could be tried as an adult and, if convicted, spend the rest of his long life in prison without the possibility of parole.
Ferris shrank from the prospect of such a young life, promising everything and anything, being buried forever- first in prison, then in the ground.
But, unless he missed his guess, that was the drift of the public’s reaction to kid crime. Such children, the consensus seemed to run, were beyond redemption as well as rehabilitation.
These cases were among the most difficult he had to juggle. But juggle and evaluate them he would. That’s what he was paid for.
He was about to turn out the light and call it a day-though not a good one-when his intercom sounded. He considered ignoring it. But he knew his secretary wouldn’t bother him at this closing hour unless something special had come up.
Brad Kleimer wanted a few moments of his time.
Through this day, Ned Ferris-just as every other power-wielding person in the city government-had been kept informed on the developments in the Diego murder. Had he not been so absorbed in the jacket shooting, Ferris surely would have been more actively involved in the Diego case. But the alleged perpetrator of the grade-school shooting was in custody and being processed-a procedure in which Ferris was actively involved.
And of course, with the priest charged in the bishop’s murder, that case too was in Ferris’s lap. And now the other shoe had dropped.
“Priest Kills Bishop,” and similar headlines, would be flashed on TV newscasts, on front pages and feature articles probably around the world. Undoubtedly, a scrum of prosecuting attorneys would be vying for this case. For just as surely as the case would engender headlines, so would the name of whoever prosecuted this case become famous.
Now why, Ned Ferris wondered whimsically, would he associate the arrival of Brad Kleimer with the Diego case? When considering a trial that could catapult the prosecuting as well as defense attorneys into national prominence, why on earth would Kleimer’s name come to mind?
Ned Ferris was bone weary and desperately wanted to go home. But he could always find time for a charade of musical hot seats: Which assistant prosecuting attorney would get the final chair?
Ferris loosened his tie and unbuttoned the top button of his shirt He bade the secretary let loose Kleimer.
Kleimer entered with studied nonchalance and took the chair that Ferris indicated. He took out a handkerchief and dabbed at his forehead. Some of his perspiration stemmed from the bum’s rush at the hands of Koznicki just a few moments ago. Part was due to his headlong dash to the chief’s office. It was not the cool entry he would have chosen, but he wanted to reach the chief before the other staff attorneys did. He fervently hoped he had.
Kleimer consciously willed his heart to slow. “I suppose you’ve been following the Diego developments.”
Ferris nodded benignly.
“Then you must know,” Kleimer continued, “that a Father Carleson has been arrested and charged with the murder?”
Ferris nodded again. “The news beat you here by only a few minutes.”
For a moment Kleimer pondered the speed of sound. He could scarcely compete with that. Nonetheless, since the chief had just gotten the word, there couldn’t have been any applicants ahead of him.
“Just as a matter of curiosity,” Ferris said, “how did you happen to know about this? I mean, I only just now got the word.”
“One of the Homicide guys needed some direction on procedure.”
“Oh? Who?”
Kleimer needed no time at all to come up with a name. “lieutenant Quirt,” he lied. Quirt would know enough to back him.
“Quirt. Hmmm.” Ferris was noncommittal. He rearranged several objects on his desk without any apparent purpose. “Looks heavily circumstantial.”
“True. We’ve had lots stronger cases. We’ll have to use every advantage we can.” Actually, Kleimer considered the case to have many strengths.
“I wonder …” Ferris looked at the ceiling. “It’ll be tough finding the right person to try this case.” He looked at his desk. “But I’d better come up with someone soon … very soon.” Ferris was having difficulty keeping a straight face.
“Well …” Kleimer stood and began to pace. “… I was thinking: I’ve already been helping them on the case. I’m most familiar with it.” He looked at Ferris. “I’d like to try it.”
There it was, out on the table.
“You!?” Ferris treated Kleimer’s offer with the astonishment it should not have merited.
“Yes, me.” Kleimer was nettled by the chief’s reaction. “As you’ve said, this is going to be a tough one. Well, right off the bat, I’ve got an arm and leg up on any of the special-assignment prosecutors. I’ve been in on this almost from the very beginning.”
Ferris’s eyes widened. “Just how much procedural direction did the Homicide guys need!”
“Well, you know how it is. One thing leads to another. Anyway, I was present while suspects were interrogated. And I’m well aware of who the various suspects are. And I can tell you straight out that this Carleson is a good arrest. Just let me get to that jury and that priest will be spending the rest of his life behind bars. No parole!”
“Murder One! Think we should go for the first degree, eh?”
“Absolutely.” Kleimer returned to his seat. “Murder One. And I’ll nail him.” He leaned forward. “I don’t need to remind you my record is pretty impressive …”
Ferris studied Kleimer. “I do believe you’re right, Brad,” he said at length. “Barring any complication-and I don’t foresee any-you’re the logical choice to handle this trial. So, let’s go with this. And Brad” — his gaze pinned Kleimer-” keep me informed: about everything-
Kleimer was on his feet. “Yes, sir. I’ll get on this right away. Nothing to worry about.” Kleimer’s expression was one of simultaneous reassurance and gratitude. “And Chief: Thanks for the vote of confidence.”
The two men shook hands. Kleimer departed.
Ferris gathered the documents he would take home for study. His mind wandered over this meeting with Kleimer. He was reminded of something conductor Zubin Mehta once said about Richard Wagner, the ethnically prejudiced German composer: that he was a fourth-class human being but a first-class musician.
Something on that order could be said of Brad Kleimer.
As far as Ferris could tell, Kleimer had only one moral code-if one could speak of it in terms of morality-and that was self-advancement.
Ferris did not relish dealing with Kleimer. But one thing Kleimer had proven repeatedly was his skill in the courtroom. He could charm and sway a jury, sometimes even a judge. As long as the judge and jury did not have to live with the man, Kleimer would be effective. But so far, no one had had the stomach to stay with him for the long run. It was no surprise to anyone when his marriage had collapsed. If anything, Kleimer’s colleagues were astounded that it had dragged on as long as it did.
So the bottom line was that Kleimer was the logical choice for this trial. And he would’ve gotten it without groveling.
The position of chief trial attorney had been created under a previous prosecutor’s administration. It had
