He was as free as those buffalo back on the road. Originally, the news of the murders burned bright and his face was everywhere.Reporters and cameramen camped out on the lawn of the old Yellowstone jail, sharing the grass with grazing elk. But the story soon became eclipsed by the circumstances. He faded out of it, and other crimes that had more appeal—like blondes found missing on islands or cruise ships—overtook the hard-to-understandconcept of vicinage and the Sixth Amendment, and he was discarded onto the electronic landfill of old news. It was expensive, a reporter told him, for the network to keep a team out there in the middle of nowhere with little to report. Plus, he complained, there was nothing to do at night for the crew. Eventually,they all left. But McCann had no doubt he was still hot stuff up and down the Rocky Mountains.
He drove through the empty, familiar streets of West Yellowstone as the few overhead lights charged, hummed, and lit against the coming darkness. His house was located in a cul-de-sac within a stand of thick lodgepole pines west of town. His neighbors were a doctor and a fly-fishing guide who had turned his name into a well-known brand. The doctor and guide were among the elite in town and it was an exclusive, if tiny, neighborhood.McCann had acquired his house in a foreclosure auction,but nevertheless.
As he pulled into his driveway he saw immediately that his house had been vandalized. The windows were broken and FILTHY FUCKING MURDERER was spray-painted in red on the front door, drips of paint crawling down the wood like dried blood.
He charged up the walk and kicked through weeks of porch-deliverednewspapers and entered his dark house to find the power and water shut off. He experienced a moment of overwhelmingdespair:
How could they expect me to keep up with the local bills when I was incarcerated?
Retrieving a flashlight from his car, he returned to his home as despair sharpened into quiet rage. His house reeked of spoiled food from inside the refrigerator and freezer. He didn’t even open them. Long-dead tropical fish floated in a slick of scum on the top of his fish tank. His cat was long gone, althoughhe’d shredded most of his living room furniture and sprayed the carpet in his bedroom before finding his way out.
Drawers and closet doors were agape, clothing thrown across the floors by investigating cops. His telephone was ripped from the wall for no good reason at all. His bookcase was ransacked, emptied, law books tossed into piles along with the military thrillers he liked to read. Holes were punched into his walls as they looked for . . . what? What were they trying to find and why were they trying to find it? The case wasn’t a mystery,after all.
What made him angriest was to visualize the slow-witted localcops and park rangers rooting through his personal belongings,reading his mail, laughing, no doubt, at his collection of pornography in the drawer of his nightstand and finding—
Jesus
—the cardboard box containing the stuffed animals from his childhood that he just couldn’t make himself throw away. He wondered how many people knew about that. If somebody said something about the box in town, he vowed, he’d sue their ass so fast it would leave skid marks.
No note of apology, no crime-scene tape, no acknowledgmentof what they’d done. They simply trashed the place and left it for vandals.
He would need protection. Some yahoo might try to take him down, try to become famous for killing the man who beat the system. These people here liked that kind of rough frontier justice. Unfortunately, the Park Service hadn’t returned his weapons and he’d have to threaten a suit to get them back. As he drafted the action in his head, he remembered something. Months before, a client charged with his third DUI had paid him a retainer consisting of cash and a .38 snub-nosed revolver. The lawyer had dropped the gun into a manila envelope and filed it among his casework portfolios in his home office. Remarkably,the cops had missed it. He retrieved the gun and checked the loads, more familiar with weapons than he used to be, and slid it into his jacket pocket. It felt solid and heavy against his hip. He liked how it felt.
Pausing on the porch among the litter of unopened mail and newspapers, McCann took a deep breath of cold air. It tasted faintly of pinecone dust and wood smoke. He fought against the dark specter of being absolutely alone.
Because it was late in the year, only locals were out. McCanndrove to Rocky’s, a local favorite they all raved about like it was Delmonico’s, but he found more or less passable. It was both a bar and a restaurant, one big room. He wanted a beer and a burger, something they couldn’t mess up. Ninety days of jail food had screwed up his system.
The place was humming with raucous conversation as he entered,and it took a moment to get the bartender’s eye. When he did, the man simply looked at him with tight-lipped trepidation as if he were a ghost, a demon, or Senator Teddy Kennedy.
Then the din started to fade, and it continued to diminish untilit was almost silent inside. McCann felt nearly every set of eyes in the restaurant on him. He heard whispers:
“Oh my God, look who’s here.”
“It’s Clay McCann.”
“What’s he think he’s doing here?”
A few of the men’s faces hardened into deadeye stares, as if challenging him to start something. A young mother covered the eyes of her child, as if she thought simply seeing him would scar the little tyke for life.
Even though he’d expected this reception, it still came as a sour jolt. Sure, he was used to indirect derision and whispered asides because he was a lawyer. Lawyers made enemies. But this was full-scale, almost overpowering. His only solace was the knowledge that it would be short-term and that he had a .38 in his pocket.
He looked back at them, not without fear. Eight percent, he thought. Look for the eight percent. Take comfort in the eight percent.
Early in his career, before he messed up, McCann had been a criminal defense attorney in Minot, North Dakota, after he’d fled Chicago to avoid that ethics charge. He’d been lucky enough to land a deep-pockets client almost immediately—a North Dakota banker accused of hiring thugs to kill his wife. The case was considered a slam-dunk conviction by the prosecution,and it looked hopeless to McCann. Because splitting the fee was better than losing the case outright, McCann brought in Marcus Hand, the flamboyant Wyoming trial lawyer who was famous for four things: long white hair, buckskin clothing, delaysthat sweetened the payout for the lawyers, and his ability to persuade a jury. McCann watched Hand perform in the courtroomand the Wyoming lawyer nearly convinced McCann himselfthat his client didn’t do it. Eventually, the jury deadlocked at 10-2, and couldn’t reach a unanimous verdict. In the retrial a year later, Hand managed to create almost the same result, with an 11-1 hung jury. Although the embarrassed prosecutors let it be known that they would bring the case to trial a third time, it never happened. The doctor walked away into bankruptcy and into the arms of his pretty, new twenty-five-year-old wife.
Over victory drinks, Hand explained the Eight Percent Rule to McCann. “It’s really very simple,” he said, using the same melodic voice he used to pet and stroke the jury. “I have to convinceone juror out of twelve to vote with us. One of twelve is eight percent, give or take. Not that I need to convince him our client is innocent, understand. I just need to establish an intimatepartnership with that one fellow or lady in a crowd who is
contrary
. The man or woman who has an ax to grind. My theory,and you saw it happen twice, is that in any group of people forced to be together, at least eight percent of them will go against the majority if for no other reason than to shove it up their ass—if they have an authority figure they can trust to be on their side. I am that leader in the courtroom. I talk only to my soul mate, Mr. Eight Percent. That man—or woman, in the case today—will follow me into hell, just so we can put one over on the rest. Remember, Clay, we aren’t running for election. We don’t care if ninety-two percent of the voters want the other guy. Who cares about them if we have our pal, Mr. Eight Percent?We just want our evil partner, Mr. Eight Percent, who hates the guts of the majority and always will, to show his true colors. He just wants to be bad, unique—an
individual
!—and I’m there to show him the way.”
McCann remembered that conversation as he tried to boldly return the stares. Sure enough, when he studied the dinner and bar crowd, he detected two or three people who looked back not with horror, disgust, or revulsion, but with guarded neutrality. All were former clients.
Gavin Toomey, a local miscreant best known for poaching violations and his palpable hatred for the federal government, sat alone at the opposite end of the bar. Toomey actually noddeda discreet greeting.
Butch Toomer, the former sheriff who was recalled by angry voters for accepting bribes, looked at him coolly and raised his beer bottle in greeting. Toomer would be pleased McCann was back because McCann owed him.
And Sheila D’Amato, the dark-eyed former vixen who had shown up on the arm of a reputed mafioso en route to the park only to be dumped on the street after an argument, met his eyes while wetting her lips with the point of her tongue.
She was with him, for sure. Good enough for now.
McCann said with a tone of triumph, “
West Yellowstone’s most infamous resident has returned.”
Someone in the back mumbled, “Let’s see how long he lasts.”
A few men snorted in assent.
McCann visualized the room standing en masse and charginghim. He inconspicuously lowered his right hand and brushed the dead weight of the .38 in his jacket pocket with his fingertips.
Les Davis, owner of the Conoco station, said, “I don’t think you’re welcome here.”
“So get the hell out,” another man rasped.
McCann found his voice, said, “We don’t want this to get out of hand.”
Davis mumbled something inaudible.
“We can be friends or we can be enemies,” McCann said. “I’d prefer to be friends. That way none of us winds up in court.”
He turned to the bartender. “I’d like a cheeseburger, medium rare, and a Yellowstone Pale Ale.” His voice didn’t quaver and he was thankful.
The barman attempted to stare McCann down, but he couldn’t hold it. Sheepishly, he glanced over the bar at the still-silentcrowd. They were all watching him to see what he’d do.
McCann said softly, “Are you refusing me service? I’d hate to bring a discrimination suit against this place since everyone loves it so much.”
“Give him some fucking food,” Butch Toomer growled from his corner table. “The man’s got to eat.”
The barman looked down, said, “I just work here.”
“Then place my order.”
“I don’t think that’s such a good idea.”
McCann nodded his appreciation to Toomer, who raised his beer in silent partnership. Sheila was practically devouring him with her dark, mascara’d raccoon eyes. She smiled wickedly at him, her eyes moist. And not just her eyes, he hoped.
“Tell you what,” he said to the barman, “I’ll order it to go. You can have someone bring the order to my office. That way your patrons can reel their eyes back in.”
“Good idea,” the man said, visibly relieved.
As he opened the door, McCann shot a glance over his shoulder at Les Davis and his crowd of burghers and fought the impulse to say, “
Losers
.”
On the way to his office two blocks away on Madison, McCannbought two six-packs of local Moose Drool beer from the dingy convenience store and carried them to his office. He fished the gun from his pocket and placed it on his desk, then sat in his chair and waited for his dinner to arrive. His nerves were still tingling.
The
Journal
reporter had made fun of his office location too, that his practice was on Madison Avenue, but not
that
Madison Avenue. This Madison Avenue, in West Yellowstone, Montana, saw more wandering elk on the sidewalks than it did men in three-piece suits.
There was a huge pile of unopened mail on his desk and he rifled through it. Hate mail, mostly, he assumed. He swept the pile into the garbage can. He’d done the same with letters sent to him while he was in jail.
The only letters McCann took seriously were from other lawyers threatening civil actions against him on behalf of the murdered campers. McCann knew they’d have a good case. Luckily, he thought, it could take years to get to trial, and he didn’t plan to be available when and if it did.
While he waited, he imagined hearing the sounds of a mob building outside on the street. Pitchforks and torches being raised. Guttural shouts morphing into a chant: “
Justice . . . Justice . . . Justice . . .”
Then the door would burst open and dozens of dirty hands would reach for him across his desk. . . .
So when there was a knock on his door he gripped the .38 with one hand before reaching for the handle with the other. Sheila D’Amato stood in the threshold with a large foam containerand a tray with two tap beers in mugs covered by plastic.
“Why you?” McCann asked.
“I offered.”
“I don’t remember ordering two beers.”
“I thought maybe I’d drink one with you.”
He nodded, let her in after checking the street to confirm there was no mob, and shut the door behind them. He gestured to the sack with the six-packs. “I’ve got more.”
“What you did to those people in Yellowstone,” she said, “it was just so
baaaaad
.” Her eyes glistened as she drew out the word. “And the way those people reacted in Rocky’s—wow.”
Wow
, he knew, was probably the best she could do.
She drank beer after beer and watched him eat. He was grateful for her company, he admitted to himself, which was proof of his desperation.
He’d represented Sheila after she was arrested for shoplifting$200 worth of makeup from the drugstore. That was when she’d been around town for a few months, long enough that merchants had learned to watch her closely. He employed a “high-altitude” defense, claiming to the judge that Sheila’s brain was out of whack because she came from New Jersey and her brain had yet to adapt to the altitude and lack of oxygen. It made her forgetful, he said, and she had simply forgotten to pay the clerk. The judge was amused with the argument but still would have convicted her if the drugstore owner hadn’t forgotten to show up and testify. Sheila credited McCann for her acquittal.