He opened his eyes. A good face, small and serious behind all the cosmeticked garbage.
“Hello, Fleur,” he said. “Where’s Verna?”
Twenty
“Will Delaney have Pivarski here or not?” asked Kearny as they got out of the elevator.
“Hell no,” snorted Tranquillini. “Neither would I if he was my client, now that I know what Hawkley has Pivarski ducking. He can’t be sure, if this witness comes up with a positive I.D., that the State wouldn’t go after his client for Murder One anyway. And you can never tell how juries will react in murder-for-hire cases.”
“But if he was in our office fifteen miles away at the time—”
Tranquillini stopped abruptly outside the open door of the hearing room. “He would have to prove that. And they’re having their troubles right inside this hearing room proving it to satisfy the referee. What would they have to do to convince a jury, in the face of a positive eyewitness?” He shook his head. “I figure Delaney will stall today and then, if ordered to produce him, will do it next Monday. By that time, Benny Nicoletti’s witness will have gotten cold feet and gone back up to Canada. My guess is that today Johnny-boy will have a very nasty surprise for us.”
“Be seated and state your full name for the record,” said the Hearing Officer.
“Jeffrey L. Simson. S-I-M-S-O-N.”
“Your address, Mr. Simson?”
“One-four-seven-two Fort Point, Los Angeles. Fort Point is two words.”
The Hearing Officer said to Delaney, “Proceed.”
“Mr. Simson, were you employed by Kearny Associates as a collector during November of last year?”
“Yes I was.”
“Do you recall the Pivarski account?”
Simson cleared his throat. “Yes sir, I do.”
“Do you recall Mr. Pivarski coming into your office on November fifth, and if so, do you recall the purpose of that visit?”
“He came regarding an attachment of his wages.”
“Did he offer to pay any money at that time?”
“Two hundred dollars,” said Simson.
Tranquillini was doodling on his scratch pad and looking bored.
“To whom did Mr. Pivarski talk when he came in?” Simson affected to think very deeply. Finally he nodded. “Yes. First myself, then Miss Onoda.”
“Can you tell us anything further about the purpose of Mr. Pivarski’s visit to the Kearny office?”
“It was my underst—”
“I object to the form of that question,” said Tranquillini. “He wouldn’t know Pivarski’s purpose. He might know what Pivarski told him.”
“Sustained as to form,” said the Hearing Officer.
“Well, would you state what Mr. Pivarski said?”
“It was my understanding that the money was to be held—”
“I object to his ‘understanding’ something.”
The Hearing Officer sighed. “Will the witness please just relate the conversation as best he can recollect?”
“Yes, Your Honor. Mr. Pivarski told me that this money was to be held in trust by Daniel Kearny Associates until his demurrer was heard, and to stop any further attachments until such time.”
Delaney said, “And did either you or Miss Onoda agree to forestall further actions of attachment?”
“Miss Onoda did. Yes, sir.”
“Did Mr. Pivarski bring a letter with him to your office?”
“Yes he did. From his attorney.”
“Do you recognize this as a copy of that letter?”
Simson looked at it. “Yes. This is a copy of the letter that Mr. Pivarski submitted to me.”
“At this time, Your Honor,” said Delaney to the Hearing Officer, “we ask that Exhibit B be formally introduced as evidence.”
But Tranquillini was on his feet. “I would like the opportunity to cross-examine the witness before the letter is placed into evidence.”
“We offer it in evidence at this time,” Delaney repeated.
“I am reserving my ruling on this document at this time, Mr. Delaney,” said the Hearing Officer. “Proceed with your examination.”
Delaney shrugged in resignation and returned to Simson.
“Was this conversation you were having with Mr. Pivarski and Miss Onoda interrupted by a phone call?”
“Yes, sir. By a phone call I was requested to make by Miss Onoda. She asked me to call Mr. Tranquillini.”
Tranquillini started up to object, then checked himself and sat down again. Delaney wouldn’t have asked it if he didn’t have it covered. And he did.
“Who actually talked to Mr. Tranquillini?”
“I could get no answer at his office number, and we didn’t have his home number in the Oakland office Rolodex.”
“Did Miss Onoda tell you why she wished to speak with Mr. Kearny’s attorney?”
“Yes she did.” Simson had not once looked back toward Kearny during his testimony. He kept his eyes on Delaney. “She told me that she wanted to advise counsel that Mr. Pivarski was in the office with two hundred dollars to be held in trust. She wanted advice on what she should do, since Mr. Pivarski would not give her the money unless she signed the bottom of the letter he had brought.”
“What did Miss Onoda do when she could not reach counsel?”
“She took the money and signed the bottom of the letter.”
Delaney glanced at Tranquillini. “Was that the only receipt?”
“Yes, sir.” Then he suddenly exclaimed, “Oh, while I was waiting for her to make up the day’s bank deposit, Miss Onoda made up a receipt for the Pivarski payment on a DKA receipt form.”
“But hadn’t Mr. Pivarski already departed?” asked Delaney in exaggerated amazement.
“Yes, sir. She ran the file copy of the receipt through the time-stamp machine in the usual manner, and threw the original in the wastebasket. I remember her saying something like, if he thinks we’re actually going to hold that money for him, he’s crazy.’ Then she winked at me and—”
Giselle was on her feet in the spectator section, crying, “He’s a dirty damn liar! Kathy never would have sa... mmmph.”
Kearny had dragged her back to her seat. There were furious whispers. Tranquillini did not bother to turn his head, but the Hearing Officer’s brow was very dark.
“I want counsel’s assurance that this will not be repeated.”
“It won’t happen again, Your Honor,” said Tranquillini.
Delaney, who had turned to observe Giselle’s reaction, turned back again, shaking his head as if appalled. He said to Simson, “Did you remonstrate with her for this unethical action?”
Simson hung his head.
“No, sir. You see, sir, I was paid on a commission basis by Kearny Associates. If the two hundred dollars was held in trust as Mr. Pivarski thought it was going to be, I would not have received my percentage of it. I... was very tight on money just then, sir, so I... I was weak, and...”
Delaney’s manner dripped sympathy. “We understand, Mr. Simson. Thank you for being so candid with those of us in this hearing room interested in the truth.” He turned away. “That is all I have at this time.”
“You may cross-examine.”
“I would like to ask for a recess until after the noon break,” said Tranquillini. “Obviously, this testimony has come as a complete surprise to me, and I would like an opportunity to discuss it with my client.”
The Hearing Officer checked the time. He nodded. “Very well.”
“You don’t believe any of that crap about Kathy, do you?” demanded Giselle rather wildly. They had gone for lunch to the Madonna Cafeteria, at a raised table overlooking a small enclosed garden, which Tranquillini had thought might soothe her angry emotions. So far it had failed to do so.
“Of course I don’t believe it,” he said evenly.
“Then why say you have to confer with your client, which makes it look like Kathy was a dishonest cheat who would falsify—”