“And can you tell us your duties on the date of March first, of last year?”
“I was part of a multidepartmental task force assigned to a presidential security detail. I was – ”
“Mr. Memphis, please just answer the question I ask without elaboration. You’ve done this before, no?”
“Yes.”
“Good.”
“But – ”
“Mr. Memphis, what did these responsibilities entail?”
“I was parked in a car on St. Ann Street about five blocks from the speech site, Louis Armstrong Park, on North Rampart.”
“I see. What was your job?”
“Uh. Well, it was a Secret Service operation, basically. We were just on the farthest perimeter of the security envelope, pretty much as lookouts, that’s all.”
“I see. Now, please tell me what ensured at exactly twelve-nineteen P.M. that day. You are in your car and – ”
“Well, it’s a lot more complicated than that. See, there’s context, it’s very important, what came before, what came after, what I learned, what was involved, and just to isolate – ”
“Mr. Memphis, you were asked a direct question. You answer with an essay on an irrelevant topic. What ensued at exactly twelve-nineteen P.M. that – ”
Nick felt it all draining away. He’d rehearsed a dozen times, reducing the story into the smallest understandable parts.
“Your Honor, I have to explain, because – ”
“Your Honor, I should explain the witness is here as a hostile. He’s under subpoena and may soon be indicted under federal statutes for impersonating a federal officer.”
“I just need – ”
“Mr. Memphis, you’ve testified before,” said the judge. “You know the rules. If you have a statement to make, I’ll allow you to file it in writing at the end of the proceedings.”
“Sir, I just feel – ”
“Your Honor, he’s got to answer the question.”
I’m hurting him, Nick suddenly realized. I’m coming across like a crazy man, and in doing that, I absolutely hurt the man I meant to help. Kelso knew it. Kelso counted on it. Howard had prepped Kelso well on the weaknesses of Nicholas Memphis, formerly of the Federal Bureau of Investigation.
“Mr. Memphis, I’ll have to hold you in contempt if you don’t answer. I don’t think you want three months in jail added to your current legal difficulties.”
“I just want justice, Your Honor. I – ”
“Mr. Memphis, I have to warn you once more. Answer the question, or I’ll find you in contempt.”
“Yes, sir. But if you would just let me put it in con – ”
“Nick.”
It was Bob.
“Nick, just tell the truth. Don’t you worry about a thing.”
His deep voice resonated in the courtroom like a mourning cry. It was followed by stillness.
“Mr. Swagger, if you make an interjection again, I’ll find you in contempt, and I’ll have you restrained and gagged,” said the judge.
Nick saw how brilliantly the prosecutor had choreographed it. Put Nick in distress; gull Bob into breaking his stoicism; we both look like fools, locked in complicity, terrified of the truth.
Howard was watching intently, shaking his head as if to claim at this point the victory was too easy to take.
“All right,” Nick finally said. He’d tried; he’d lost; they’d come so far; it was over; Bob the Nailer was nailed.
It was over quickly.
“I heard a shot. I got out of the car…” He told it simply, in the end identifying Bob as the bleeding man who’d jumped from the window, hit the roof and staggered down the stairs.
“Thank you, Mr. Memphis,” said Kelso. “I’m finished, Your Honor.”
“Mr. Vincent, do you have any questions?”
At last. Nick knew his time had at last come. Now he could get it out. Now he could -
Vincent said, “No further questions, Your Honor.”
“You may step down, Mr. Memphis.”
Nick looked at the old man in utter disbelief. He felt like throwing up. That was it? It was over? It was -
“Oh, one thing, Mr. Memphis.” The old man seemed to be awakening from a dream.
“Uh, you say Detective Timmons was already inside the house out of which Mr. Swagger fled bleeding.”
“Yes, sir.”
“Hmmm. Did you see him enter? As I recall, there’s only one entry to that courtyard.”
“No, sir. And I was on station at 1000 hours.”
“Damn, isn’t that strange? Yet in his log he says he saw something suspicious at Four-fifteen St. Ann Street up near the roofline and entered the courtyard and – ”
“Your Honor, I object,” said the quick Kelso. “Detective Timmons isn’t on trial here and counsel himself objected when I tried to introduce the detective’s account – ”
“Your Honor, I’m just an old country boy, but I’m wondering how this heroic detective turned himself invisible that day. That’s a hell of a trick.”
“Your Honor,” Kelso pushed ahead, “let me further point out that Mr. Memphis has been dismissed from his job in the Bureau out of gross negligence and dereliction of duty. His screwups on this case are notorious throughout the law enforcement community. To offer him as any kind of paragon of professionalism, as the defense is clearly trying, is ludicrous beyond words.”
Great. Now ritual humiliation in public added to everything else.
“He does have a point, Mr. Vincent. But I’ve marked your observation down for further study. All right, Mr. Kelso. Proceed.”
Nick lumbered back to his seat, feeling the weight of ages on his suddenly frail shoulders. Another nail in the coffin.
He fought his way back to the seat next to Sally, and she leaned over and put a hand on his.
“You tried,” she said.
“Catastrophe,” was all he could think to say.
He looked up to see the judge announce an hour recess for lunch.
“Let’s get out of here,” he said.
On the way out, two or three news types hounded him, but he just bulled on by; more of them were clustered around the star of the hour, the charismatic young prosecutor, who gobbled up sound-bite-sized nuggets for the six P.M. news. Sam Vincent was nowhere to be found.
“Sally,” he said, after they had sat in glum silence for a few minutes at a diner a few blocks away, the food claiming his last eleven dollars, “I think we have to talk.”
“All right.”
“I don’t think we’re going to win. In fact, I know we’re not going to win. Maybe Bob specializes in getting out of tight spots but this time…well, the point is, it’s not going to happen today. The noose is too tight. It’s over.”
“Nick, I – ”
“And when he goes, I go, and when I go, you’ll go. But it doesn’t have to happen like that. I want you to call Kelso and volunteer to testify against me. Tell him I duped you, I seduced you, I used you. I won’t deny it. It’s me they really want. If you give them me on an espionage charge, something heavier than this stupid ‘impersonating a federal officer’ thing, they’ll go for it in an instant. It’s the smart move. Okay?”
“The smart move,” she said.
“Howard only wants me destroyed, because I wouldn’t give him his phony undercover thing. And there’s this mysterious old goat named Hugh Meachum that I think works for the CIA or did or something like that, he’s here to make sure it all stays contained. That’s the point of the drill. I know they won’t – ”
“Nick, let me tell you something. Bob Lee Swagger may specialize in getting out of tight places, but you specialize in loyalty. You gave everything to the Bureau and everything to Myra all those years. I’ve watched you. I’ve been watching you for years, and how much you gave. And how I was never a honey to you; you were the only one who ever treated me like a human being, and you never came on to me, and believe me, A. B. Nick, you wouldn’t believe some of the champions of the family value system that came on to me. And that’s because at some point you are fundamentally the most decent man who ever lived. And now you’ve given your loyalty to Bob Lee Swagger. Well, Nick, I’ve loved you for half a decade and if all I get for it is today and tomorrow until we’re both indicted and held without bond, then that’s enough for me. I’ll give you the loyalty you’ve been giving everybody else all those years. It’s time for somebody to give you some loyalty.”