'Well, I don't think you'll have to testify today. The defense
attorney said he served some subpoenas last night, but his message
didn't say anything about calling you.'
He just nodded. I was beginning to think he might actually be on
something. Roger rolled his eyes at me. 'I went ahead and told
Townsend about the subpoenas. As you can imagine, Jim Thorpe called me
right away when they were served.'
'So I assume the two of you have talked about the possible conflicts of
interest involved. I mean, Dunn Simon is now representing multiple
witnesses in the same case.'
Big surprise. According to Roger, they'd already discussed the matter,
and the whole lot were snug as bugs with the current situation. That's
the problem with a rule that lets the conflicted lawyer be the one who
discusses the conflict with the clients; I seriously doubted if
Townsend had gotten the big picture. If he was in a position to
understand how wrapped up Gunderson was in his wife's life, he wouldn't
feel so comfortable about sharing a lawyer with him.
Before Roger got a chance to grill me about the coincidence of Slip's
eve-of-hearing decision, I heard tennis shoes squeaking outside the
courtroom. The door wrenched open, and in walked Slip, out of breath,
using one hand to hold all his belongings while his other hand fumbled
to fasten his belt buckle.
A nice person would have rushed over to help him. I bent over
laughing.
'I'm sorry, but that looks really bad.'
'And they say men have dirty minds. I was already running late, and
then I got stuck at security. It's getting as bad as the airport down
there.'
He shoved his briefcase in my arms so he could finish the belt, then
started to steer me into the hallway. We never made it to the door.
'Nice of you to join us this morning, Mr. Szlipkowsky.' Prescott was
out of her chambers and ready to go.
'My apologies, your honor. I was delayed at security.'
'And yet everyone else managed to be here on time. Amazing. Don't let
it happen again.' As she was telling the sheriffs deputy to bring
Jackson in from the holding cell, Slip continued to throw me eager
looks. He definitely wanted to talk.
'I'm sorry, counselors, is there a problem?'
We both shook our heads like kids who've been caught roughhousing in
the classroom. Whatever Slip had to say to me, it was going to have to
wait.
Jackson took his place at the defense table, looking the worse for wear
after nearly a week in jail.
Prescott called the case and put us back on the record. 'OK, when we
left on Friday, it was unclear whether the parties intended to call
additional witnesses before I ruled. Where do things stand now? I see
Jim Thorpe is with us this morning from Dunn Simon.'
Thorpe started to rise, but Slip beat him to the punch. When a court's
viewing a dispute cold, it's always better to get your side out
first.
'Your honor, last night my investigator delivered subpoenas to Larry
Gunderson and William Minkins. Larry Gunderson is president of
Gunderson Development, which owns the property where Ms. Easterbrook's
body was found and where my client was employed as a landscaper. Mr.
Minkins is an employee at Gunderson and hired my client to work at the
site. As I have investigated this case, it has become clear to me that
both Mr. Gunderson and Mr. Minkins hold relevant evidence that casts
serious doubt on the guilt of my client. Just to give you one example
'
Prescott cut him off. 'Wait a second. No need to get into your
proffer before there's been an objection. Mr. Thorpe, why don't you
go ahead and approach? Your clients may remain seated.'
'Good morning, your honor. Jim Thorpe from Dunn Simon, representing
Gunderson Construction, its principal officer Larry Gunderson, and its
employee William Minkins. I understand that your honor quashed a
subpoena on Friday in this case after Mr. Szlipkowsky tried to haul in
a member of the Metro Council for a fishing expedition. This morning,
he's at it again with my clients. They know nothing about this case,
have been pulled away from business on absolutely no notice, and wish
to be relieved from this court's jurisdiction forthwith.'
Forthwith? That's why big-firm lawyers often get their asses handed to
them in jury trials. Who the hell says forthwith?
Prescott sighed and gave Slip a look to kill. I wasn't sure how she'd
done it, but somehow it seemed as if her bun had been pulled back even
more tightly during Thorpe's statement. 'Now, Mr. Szlipkowsky, why
don't you proceed with your proffer '
'Excuse me, your honor,' I interrupted. 'I just wanted to make sure
