He coughs, moves again, and I think he’s trying to tell me that he’s still alive. I turn off the light and sit in darkness.
I’m alone and outgunned, scared and inexperienced, but I’m
right
. If the Blacks do not prevail in this lawsuit, then there is nothing fair with the system.
A streetlight comes on somewhere in the distance, and a stray ray flickers through the window and across Donny
Ray’s chest. It’s moving now, up and down slightly. I think he’s trying to wake.
There will not be many more moments sitting in this room. I stare at his bony frame barely visible under the sheets, and I vow revenge.
Thirty-three
I
T IS AN ANGRY JUDGE WHO TAKES THE bench with his black robe settling around him. It’s a Motion Day, a time set aside for brief, nonstop arguments on multitudes of motions in dozens of cases. The courtroom is filled with lawyers.
We go first because Judge Kipler is perturbed. I filed a notice to take the deposition of six employees of Great Benefit, beginning next Monday in Cleveland. Drummond objected, claiming he, of course, is unavailable because of his sacred trial calendar. But not only is he tied up, all six of the prospective deponents are too busy to be bothered. All six!
Kipler arranged a phone conference with Drummond and me, and things went badly, at least for the defense. Drummond has legitimate courtroom obligations, and he faxed over the pretrial order from the other case to prove this. What angered the judge was Drummond’s assertion that it would be two months before he could spare three days in Cleveland. Furthermore, the six employees up
there are very busy people, and it might be months before they could all be caught at one place.
Kipler ordered this hearing so he could formally chew Drummond’s ass, and get it on the record. Since I’ve talked to His Honor every day for the past four, I know precisely what’s about to happen. It will be ugly. I won’t have to say much.
“On the record,” Kipler snaps at the court reporter, and the clones across the aisle lurch forward and hover over their legal pads. Four, today. “In case number 214668,
Black versus Great Benefit
, the plaintiff has noticed the deposition of the corporate designee, along with five other employees of the defendant, to be taken next Monday, October 5, at the corporate offices in Cleveland, Ohio. Defense counsel, not surprisingly, has objected on the grounds that there’s a scheduling conflict. Correct, Mr. Drummond?”
Drummond stands slowly, “Yes sir. I have previously submitted to the court a copy of a pretrial order for a case in federal court starting Monday. I am lead counsel for the defense in that case.”
Drummond and Kipler have had at least two raging arguments on this issue, but it’s important to do it now for the record.
“And when might you be able to work this into your schedule?” Kipler asks with heavy sarcasm. I’m sitting alone at my table. Deck is not here. There are at least forty lawyers seated behind me in the benches, all watching the great Leo F. Drummond in the process of getting trashed. They must be wondering who I am, this unknown rookie who’s so good he’s got the judge fighting for him.
Drummond shifts his weight from one foot to the next, then says, “Well, Your Honor, I’m really booked. It might be—”
“I believe you said two months. Did I hear this correctly?” Kipler asks this as if he’s in shock, that surely no single lawyer is that busy.
“Yes sir. Two months.”
“And these are trials?”
“Trials, depositions, motions, appellate arguments. I’ll be happy to show you my calendar.”
“At the moment, I can’t think of anything worse, Mr. Drummond,” Kipler says.
“Here’s what we’re gonna do, Mr. Drummond, and please listen carefully because I’m going to put this in writing, in the form of an order. I remind you, sir, that this case is on the fast-track, and in my court this means no delays. These six depositions will commence first thing Monday morning in Cleveland.” Drummond sinks into his seat and starts scribbling. “And if you can’t make it, I’m sorry. But at last count, you have four other lawyers tending to this case—Morehouse, Plunk, Hill and Grone, all of whom, I might add, have much more experience than Mr. Baylor who, I believe, got his license this past summer. Now, I realize you guys can’t send just one lawyer to Cleveland, realize it must be done with no less than two, but I’m sure you can arrange to have enough lawyers present to adequately represent your client.”
These words singe the air. The lawyers behind me are incredibly still and quiet. Many, I sense, have been waiting for this for years.
“Furthermore, the six employees listed in the notice will be available Monday morning, and they shall remain available until Mr. Baylor releases them. This corporation has qualified to do business in Tennessee. I have jurisdiction over it in this matter, and I’m ordering these six individuals to cooperate fully.”
Drummond and company sink lower and write faster.
“Furthermore, the plaintiff has requested files and documents.”
Kipler pauses for a second, glares down at the defense table. “Listen to me, Mr. Drummond, no hanky-panky with the documents. I insist on full disclosure, full cooperation. I will be close to my phone Monday and Tuesday, and if Mr. Baylor calls and says he’s not getting the documents to which he’s entitled, then I’ll get on the phone and make sure he does. Do you understand me?”
“Yes sir,” Drummond says.
“Can you make your client understand this?”
“I think so.”
Kipler relaxes a bit, takes a breath. The courtroom is still perfectly quiet. “On second thought, Mr. Drummond, I’d like to see your trial calendar. That is, if you don’t mind.”
Drummond offered it just minutes ago, so there’s no way he can decline now. It’s a thick, black, leather-bound chronicle of the life and times of a very busy man. It’s also very personal, and I suspect Drummond didn’t really mean to offer it.
He carries it proudly to the bench, gives it to His Honor and waits. Kipler flips rapidly through the months without reading the specifics. He’s looking for empty days. Drummond hangs around the podium in the center of the courtroom.
“I notice here you have nothing scheduled for the week of February 8.”
Drummond walks to the bench and looks at his book while Kipler holds it over the edge. He nods affirmatively without saying anything. Kipler hands him the book, and Drummond returns to his seat.
“The trial of this case is hereby set for Monday, February 8,” His Honor declares. I swallow hard, take a deep breath, try to look confident. Four months sounds like plenty of time, a nice distance away, but for one who’s never tried even a simple fender-bender it’s terribly
frightening. I’ve memorized the file a dozen times. I’ve memorized the rules of procedure and the rules of evidence. I’ve read countless books on how to handle discovery and how to pick juries and how to cross-examine witnesses and how to win trials, but I don’t know beans about how things will unfold in this courtroom on February 8.
Kipler dismisses us, and I quickly gather my mess and leave. As I exit, I notice quite a few stares from the gallery of lawyers waiting their turn.
Who is this guy?
THOUGH HE’S NEVER actually confessed it, I now know that Deck’s closest acquaintances are a couple of two-bit private dicks he met while working for Bruiser. One, Butch, is an ex-cop who shares Deck’s affinity for casinos. They travel to Tunica once or twice a week for poker and blackjack.
Butch somehow located Bobby Ott, the debit agent who sold the policy to the Blacks. He found him in the Shelby County Penal Farm serving ten months for bad checks. Further investigation revealed Ott is freshly divorced and bankrupt.
Deck expressed dismay at having missed this fish. Ott has world-class legal problems. So many fees to be earned.
A JUNIOR ADMINISTRATOR of some variety at the penal farm collects me after a thorough search of my briefcase and my body by a bulky guard with thick hands. I’m led to a room near the front of the main building. It’s square with cameras mounted high in each corner. A partition down the center keeps the convicts away from their guests. We’ll talk through a screen, which is fine with me. I hope this visit is extremely brief. After five minutes, Ott is brought in from the other side. He’s around forty, wire
rimmed glasses, Marine haircut, slight build, and wearing navy prison overalls. He studies me carefully as he takes his seat across the partition. The guard leaves and we are alone.
I slide a business card through an opening at the bottom of the screen. “My name’s Rudy Baylor. I’m an attorney.” Why does this sound so ominous?
He takes it well, tries to smile. This guy once made his living knocking on doors and selling cheap insurance to poor folks, so, in spite of his obvious bad luck, he’s at heart a friendly sort, the type who could talk his way into homes.
“Nice to meet you,” he says out of habit. “What brings you here?”
“This,” I say, pulling a copy of the lawsuit from my briefcase. I slide it through the opening. “It’s a lawsuit I’ve filed on behalf of some of your former customers.”
“Which ones?” he asks, taking the lawsuit, looking at the cover sheet, which is a summons.
“Dot and Buddy Black, and their son Donny Ray.”
“Great Benefit huh?” he says. Deck has explained to me that many of these street agents represent more than one company. “Mind if I read this?”
“Sure. You’re named as a defendant. Go ahead.”
His voice and movements are very deliberate. No wasted energy here. He reads very slowly, flipping pages with great reluctance. Poor guy. He’s been through a divorce, lost everything else in a bankruptcy, now sits in jail on felony convictions, and I’ve just trotted my cocky ass in here and sued him for another ten million.
But he seems unfazed. He finishes and places it on the counter in front of him. “You know I’m protected by the bankruptcy court,” he says.
“Yes, I know.” Not really. According to court records, he filed for bankruptcy in March, actually two months
before I did, and has now been discharged. An old BK filing will not always prevent future lawsuits, but the point is moot. This guy’s as broke as a refugee. He’s immune. “We were forced to include you as a defendant because you sold the policy.”
“Oh, I know. You’re just doing your job.”
“That’s it. When do you get out?”
“Eighteen days. Why?”
“We might want to take your deposition.”
“In here?”
“Maybe.”
“What’s the rush? Lemme get out, and I’ll give you a deposition.”
“I’ll think about it.”
This little visit is a brief vacation for him, and he’s in no hurry to see me go. We chat about prison life for a few minutes, and I start looking for the door.
I’VE NEVER BEEN UPSTAIRS in Miss Birdie’s house, and it’s just as dusty and mildewed as the downstairs. I open the door to each room, flip on the light switch, look around hurriedly, then turn off the light and close the door. The floor in the hallway creaks as I walk on it. There’s a narrow stairway to a third level, but I’m skittish about going up there.
The house is much larger than I thought. And much lonelier. It’s hard to imagine her living here alone. I feel a sense of profound guilt for not spending more time with her, for not sitting with her through her sitcoms and TV revival services, for not eating more of her turkey sandwiches and drinking more of her instant coffee.
The downstairs appears just as free of burglars as the upstairs, and I lock the patio doors behind me. It’s odd now that she’s gone. I do not remember being comforted by her presence, but it was always nice to know she was
here, in the big house, just in case I needed anything. Now I feel isolated.
In the kitchen, I stare at the telephone. It’s an old rotary model, and I almost dial Kelly’s number. If she answers, I’ll think of something to say. If he answers, I’ll hang up. The call can be traced to this house, but I don’t live here.
I thought about her more today than I did yesterday. More this week than last.
I need to see her.
Thirty-four
I
’M RIDING TO THE BUS TERMINAL WITH Deck in his minivan. It’s early Sunday morning. The weather is clear and beautiful, the first hint of autumn in the air. Mercifully, the stifling humidity is behind us for a few months. Memphis is a lovely place in October.
A round-trip plane ticket to Cleveland costs just under seven hundred dollars. We figured a room in an inexpensive yet safe motel will be forty dollars a night, food will be minimal since I can get by with little. We’re doing the deposing, so the costs of taking them are on us. The cheapest court reporter I talked to in Cleveland gets a hundred dollars a day for showing up, two dollars a page for taking down and transcribing the testimony. It’s not unusual for these depositions to run for a hundred pages or more. We’d like to video them, but it’s out of the question.
So, it seems, is the idea of air travel. The law firm of Rudy Baylor simply cannot afford to fly me to Cleveland. There’s no way I’d risk the Toyota on the open road. If it
stopped, then I’d be stranded and the depositions postponed. Deck sort of offered his minivan, but I wouldn’t trust it for a thousand miles either.
Greyhound is quite reliable, though awfully slow. The buses eventually get there. It’s not my first choice, but what the hell. I’m in no great hurry. I can see some of the countryside. We’re saving some valuable money. I’ve thought of lots of reasons.
Deck drives and says little. I think he’s somewhat embarrassed because we can’t afford better. And he knows he should be going too. I’m about to confront hostile witnesses and lots of fresh documents which will need instant review. It would be nice to have another mind close by.
We say good-bye in the parking lot by the station. He promises to take care of the office and hustle up some business. I have no doubt that he’ll try. He drives off, i
n
the direction of St. Peter’s.