“So what’d you think of Jack Averly?” I asked. This would be the first of many conversations we’d have about how to watch and listen closely in court.
“He looked scared.”
“Scared of whom?”
Declan thought a moment. “His lawyer?”
“Well, he should’ve been, but no. He didn’t flinch when Terry gave him that hard look. I’d say first and foremost he was scared of Ian, and secondly of jail. So, assuming I’m right, what does that tell you?”
“That Ian was the mastermind?”
“We were pretty sure of that to begin with. What I’m getting at is, strategically, what does his attitude mean to us?”
Declan shook his head and leaned forward. “I give up. What?”
“He’s the one more likely to talk. Ian Powers is never going to give us the time of day-no loss, because we can’t give the puppet master a deal to testify against the puppet, anyway. But Averly’s a different story. He’s looking at a sentence of life without parole, all because he let Ian rope him into this mess-a mess he may really not have known involved murder until it was too late. So he’s a good candidate for a deal, and after seeing him in court, I have some hope that he’ll take it. The only real question is: Will he plead to something substantial enough to make the deal tenable for us?”
“What do you want to give him?”
I started to answer, then realized this was a great teachable moment about something that didn’t get talked about often enough. “I’ll tell you in a sec, but first, I want to say this: dealing out a defendant in return for his testimony should always be your last choice. I’ve seen prosecutors make deals just to make their lives easier, when they could’ve proven the case without the testimony if they’d just put in a little more work. Never, ever do that. Before you make a deal, make sure you’ve done everything you can to prove your case without that defendant’s testimony. And if you’re sure you do need it, then make sure you get the defendant to plead to the right charges. Meaning charges that accurately depict what he did. You can’t let a possible murder accomplice plead to an illegal left turn. And trust me, the jury will throw out every word he says as a liar’s package that was bought and paid for. In this case, Bailey and I think there’s a good chance Averly didn’t know what he was getting into. That would make a plea to accessory after the fact not only a good deal for him but also a fair reflection of his involvement. And he’s got at least a few of the important missing pieces we can only get from him.”
My cell phone played “Killer Joe.” Bailey.
“I’ve got to take this, so-”
Declan stood quickly. “I’m on it, boss.”
“You can start Monday, Declan.”
“I’d rather not wait.” Declan waved to me and left.
“What’s up?” I asked.
“You’ve heard the news, right?”
I sighed heavily. I’d managed to forget about it all for the past few hours. Now the memory of the ugly accusations deflated me. “Yeah.”
“I’m coming to pick you up right now,” she said. “I could use a drink and you can watch me if you’re not in the mood.”
I smiled in spite of myself. “I should get some more work done. Fisk’s demanding her speedy prelim-”
“You were ready for that thing days ago. Come on, Knight.”
I looked at the murder book-the binder detectives prepare that contains all the reports. My concentration was broken, so I probably wouldn’t be all that productive even if I tried to get back into it. And getting some distance right now might be a good thing. Sometimes, a little breathing room gives me my best inspirations.
“Okay. But let’s stay out of Hollywood.”
“Gee, how will we survive? Be downstairs in ten.”
I called Declan to tell him I was leaving and made him promise to get out soon too. When I got downstairs, Bailey stepped halfway out of her car and waved to me. “Brought you a present,” she said, pointing to the front seat.
Toni rolled down the window and gave me a broad grin. “We’re hitting the Varnish, so hurry up. They’ve got a drink with my name on it and it’s getting warm.”
The Varnish was a speakeasy-style bar, tucked into the back room of Cole’s, a nineteen-twenties diner. Dark, intimate, with small booths and the best mixed drinks I’ve ever had, it was the perfect little hidey-hole for a persona non grata like me.
After we’d imbibed enough to let go of the day, Toni seconded Bailey’s sentiments about the public reaction we’d seen.
“First of all, you’ve got to remember that was just Hollywood. They’re probably all Ian’s clients or wannabe clients-”
I shook my head. “There were a couple of working-class guys stumping for him-”
“Who benefited from his charity, right?” I nodded. “My point stands: those were all people who got something or hope to get something from Powers. There’re a lot more folks who don’t fit into either of those categories than those who do. Folks who won’t find it so hard to believe that some manager-yes, even one who’s a charity sponsor-would kill someone-”
“But people like that, and especially actors, can sway public opinion, Tone,” I said. “There’re a lot of people out there who like the idea of being in league with the stars.”
“Yeah, but the fools who believe what these airhead actors say are not going to make it onto your jury. You’ll see to that.” She saw my skeptical look and held up her hand. “No, you can’t weed them all out, but you’re going to have a chance to push back very, very soon, thanks to Terry’s demand for a speedy prelim. When you start putting on evidence, it’s gonna be a brand-new day.”
I had to hope that Toni was right, that getting the evidence out there would balance the picture. In any case, it was better to hang on to that hope than to dwell on the way my jury pool was being poisoned by all this bad press.
“Speaking of a decent case,” I said. “What do you think of giving Averly a deal to testify?”
“Right now? Before the prelim?” Bailey asked.
“Yep. I’d like to get him on the record as soon as possible, while his memory’s still fresh.”
“You think Averly did either of the murders?” Toni asked.
“I can’t say for sure right now. But Ian’s the only one whose blood is anywhere to be found.”
Toni nodded and sipped her drink. “And you don’t know how Ian heard about the kidnapping, or how they all wound up on that mountain?”
“No. Averly could fill in the gaps for us. Maybe flesh out the motive too.”
“The only downside I see is that it’ll look like you’re piling up on Powers when Averly might be just as culpable,” Toni said. “Just because you didn’t find his blood anywhere doesn’t mean he didn’t kill Brian-or Hayley, for that matter.”
“But Powers has got to be the mastermind,” Bailey said. “No way this two-bit-dealer PA had any part in a plan this big until Ian dragged him in.”
“I agree with you there,” Toni said. “I’d say it’s at least worth an exploratory meeting to find out if he can give you something to make it worth your while.” Toni gave a wry smile. “Cutting a deal with Terry Fisk. What fun.”
I looked at my empty glass. “I think I need another drink.” We all got one, and then I broached the suspicion I’d been dreading, and needing, to air. “Remember that giant screaming match I got into with Russell when I told him about Ian’s arrest?”
“Like we could forget,” Bailey said.