Page 6 of Mistaken Identity


  “Not even to your mother or Miguel. Nobody.”

  “Nobody, sí.”

  “You’re good at keeping secrets, I know. You’ve proved that to me.” Alice patted her hand, because that usually got a big reaction. “You don’t have to worry about anything. I’m taking care of you and I’m taking care of Santo, too.”

  “Than’ God,” Valencia said softly, squeezing Alice’s hand. “Than’ God for you, my friend.”

  11

  Bennie hustled across the gray marble lobby of her office building running, pushing thoughts of her father to the back of her mind. It was almost noon. Her pumps clattered across the glistening floor to the elevator bank, where she punched the up button. She had an emergency hearing to stage and the rest of her caseload to either squeeze in, farm out, or get done. She grabbed the first elevator, swimming upstream against the lunchtime crowd, and hurried off the cab into a scene that no longer struck her as remarkable.

  Rosato & Associates was staffed entirely by women. The receptionist, sitting at a long paneled desk after the glass-walled conference rooms, was a woman, as were all five secretaries and lawyers, their offices arranged around a horseshoe adjoining the reception area. Bennie hadn’t hired only women intentionally, but she thought of the firm as an experiment in what would happen if women ran the world. She wasn’t surprised when it turned out to be less warlike and more color-coordinated, even if the coffee stank, a point that defied both explanation and stereotype.

  “Hey, Bennie,” said the receptionist, Marshall. With her hair woven into a long French braid, Marshall looked fragile in a pale-blue dress with a matching ribbed sweater. No appearance was more deceiving; she had run Bennie’s old law firm with a manicured fist and remained the office administrator at Rosato & Associates. “We got incoming,” Marshall said, handing Bennie a thick packet of yellow message slips.

  “Any word from Judge Guthrie’s chambers about the emergency hearing?” Bennie set her briefcase by her feet and thumbed through the messages.

  “Not yet. I have your entry of appearance ready in Connolly. You want to sign it?” Marshall fished a form from a neat stack on her desk and pushed it across the blotter to Bennie, who stuffed the messages under her arm, plucked a ballpoint from a jar, and scribbled her name.

  “Way to go. Don’t file it, I have to talk to her old lawyer first, Warren Miller. I called him from the car and left a message. Did he call back?”

  “Yep. He’s at Jemison, Crabbe. His message is in there somewhere.”

  Bennie frowned. “Miller is at Jemison? Jemison is Judge Guthrie’s old law firm, from before he ascended the bench.”

  “That’s not unusual, is it, for a judge to send his old firm a case?”

  “It is when it’s a homicide case, going to a white-shoe firm. You can’t make any money on those cases and you have to qualify to be court-appointed. I never heard of Miller.”

  “He did sound young.” Marshall gathered a stack of correspondence, creased in thirds. “You’ve got mail. You won a motion to dismiss in Sharpless. You didn’t get an extension on the brief in Isley. Also, the bar association says you’re behind on your ethic credits. You need to take two continuing-education courses.”

  “What a waste of time.” Bennie hugged the mail to her suit, a plain cut of tan gabardine. “I’m too busy being a lawyer to learn how to be a lawyer. Anything else happening?”

  “I’m not letting you go that easy.” Marshall produced a brochure paper-clipped to correspondence. “This is from the bar. If you don’t fulfill your credits, they can put you on inactive status.”

  “They say that every year. I’ll pay the late fee.”

  “You did that already. You’re Group Four and you’re out of the extension zone.”

  “Out of the extension zone? That sounds scary. I don’t want to be out of the extension zone. I live in the extension zone.” Bennie picked up her briefcase and hurried to her office, nodding to the secretaries and one of the young lawyers, Mary DiNunzio, who glanced up from a casebook when Bennie charged past. “I’ll need you in fifteen minutes,” she said to DiNunzio.

  “Sure thing,” Mary called back, swallowing visibly, and Bennie pretended not to notice. She had to keep a professional distance from her employees, even her colleagues, since she was solely responsible for their performance evaluation, hiring, and firing. Bennie hated firing people. It was why she dreaded her first phone call of the day.

  “Warren Miller, please,” she said, after she’d set down her briefcase, slipped into her chair, and called one of the city’s most prestigious law firms, Jemison, Crabbe & Wolcott. She guessed Miller was an associate there, a caste she knew well from her days as a serf at the equally medieval Grun & Chase. Knowing the significance the big firms placed on pro bono work, Bennie figured the kid would love to off-load the Connolly case. God knew what screwup had sent it to him in the first place.

  “Miller here,” said a young man’s tenor. Bennie visualized him in corporate peasant garb, three pieces and pinstripes.

  “Warren, this is Bennie Rosato. How are you?” Bennie stalled.

  “The Bennie Rosato? I know all about you. I admire the work you’ve done in civil rights. I saw you speak last year at the Public Interest Law Center. You were amazing. In fact, I help out at the moot court program at Penn and we were hoping you’d judge it this year. The committee is sending you the invitation.”

  “I’d be honored,” Bennie said, then took a deep breath. “That’s not what I’m calling about, Warren. A client of yours, Alice Connolly, has contacted me and asked me to represent her.”

  “We know that. We’re objecting.”

  “What? You can’t object.”

  “We’re opposing, then.”

  “You can’t do that either.”

  “Well, we … intend to continue our representation.”

  “Who’s ‘we’? And why?” Confounded, Bennie reached for her coffee, but there wasn’t any. “And how do you know she contacted me?”

  “Jemison has represented Ms. Connolly for a year. She’s our client.”

  “Warren, I don’t get it. You want to keep this case? Are you even a criminal lawyer?”

  “I attended Yale Law School, where I was a member of the Law Review. My comment, a review of current search and seizure law, was the most requested reprint last year.”

  “Last year? Are you a first-year associate?”

  “I’ve already taken several depositions and I’ve had an arbitration. Ms. Connolly is a client of Jemison, Crabbe, and we’re retaining the representation.”

  “We’re talking about someone’s life here, Warren.” Bennie’s bewilderment turned to anger. “You’ve had two consultations with the client in one year on a capital murder case. That’s ineffectiveness per se. Have you notified the malpractice carrier? You’re an insurance lawyer, aren’t you?”

  “That’s just my specialty, one of the services offered by Jemison, Crabbe,” Miller said, but Bennie could hear his tone stiffen. She imagined him sitting as straight as anybody without a backbone could.

  “How did you get on the homicide list anyway, child?”

  “There’s no need for that. The captain of our trial team is a former district attorney, Henry Burden. He receives many court appointments. I’ll be trying the case with his guidance.”

  “Aha, so Burden is the one on the homicide list and he’s delegated this case to you, is that it?” Still, Bennie couldn’t understand it. Henry Burden was going to prop the kid up in a major trial, but she couldn’t see why. “Look, Warren, I don’t know what your problem is and I don’t care. I’ve already asked Judge Guthrie for an emergency hearing on the continuance. We’ll slug it out in court. You up?”

  “I … guess so.”

  “Lock and load. I’m looking forward to it.” Bennie hung up the phone and didn’t wait a beat before getting up. Now she had one more battle on her hands and no time for any of it. She left her office, strode to Mary DiNunzio’s, and slipped int
o the cloth chair across from the associate’s pristine desk. Bennie needed a bright, resourceful lawyer, and it didn’t hurt that Mary had an identical twin, whom Bennie had met last year.

  “Bennie!” DiNunzio said, startled, sitting at her computer keyboard. She was on the short side, well built, with dirty blond hair. Her makeup was simple, and her navy-blue suit modest and smart. Despite her professional appearance, DiNunzio always looked vaguely nervous to Bennie, who tried to put her at ease.

  “I thought I’d visit you, instead of having you in my office.” Bennie scanned the small office. The desk was clean, devoid of pictures or stand-up calendars. Leather-bound hornbooks stood in a straight-edged row on the bookshelves. Red accordion files were arranged alphabetically on the top of the credenza. An antique quilt hung on the wall, its patchwork colors the only disorder in the room. “Nice quilt,” Bennie said.

  “Thanks.”

  “Enough small talk?”

  DiNunzio smiled. “Yes.”

  “Good. How busy are you?”

  “I’m in the middle of a Third Circuit brief in Samels. It’s due on Friday, and I have another motion due to Judge Dalzell in Marvell.”

  “They’re writing assignments. You got any trials?”

  “No.”

  “Arbitrations or hearings? Any stand-up time at all?”

  “Not recently.”

  “You’re starting to sound like a big-firm lawyer. You want trial experience, don’t you? I thought that was the reason you and Carrier came here.”

  “It was. I just haven’t felt … ready.” DiNunzio colored slightly, and Bennie felt a guilty pang. The associate had been lying low after the Steere case. Not that Bennie blamed her, but it was time to get back on the horse.

  “You’re ready, Mary. I wouldn’t ask you to do more than you could. You want to be a trial lawyer, don’t you?”

  “Yes,” DiNunzio answered quickly, though she had spent most of the morning thinking of new careers. She could be a cat-sitter, a pastry chef, a teacher. Daydreaming about other jobs had become her full-time job. Somebody had to do it. “Sure, I want to be a trial lawyer.”

  “Then you can’t keep doing clerk work, can you?”

  “No,” Mary answered, though clerk work sounded fine to her. Law clerks never left the library, which cut down significantly on the opportunities for them to sleuth around or get shot at. Clerk work sounded great, even without dental. “I’d love a new case.”

  So Bennie began to explain the case, and Mary tried not to panic.

  12

  The computer lab at the prison was a shoebox of thick cinderblock, windowless and painted the standard washed-out gray. Inmates sat at the counter of computers and bent over the smudgy keyboards. Alice stood behind them as they powered up the ancient machines, since her gig was to teach computer technology. To Alice, anybody who would give up dealing smoke for word processing needed a course in economics, not computer tech.

  A guard stood at the door, his arms linked behind his back, but for the first time it didn’t bother Alice. In the upper corners of the room hung large curved mirrors that hid the surveillance cameras, but even they didn’t bug her anymore. Rosato had called and said to expect an emergency hearing today. Things were starting to happen on her case and happen fast. She was on her way out of this hellhole. Good fucking bye.

  Alice folded her arms in satisfaction over the V-neck of her blue cotton top. Navy-blue pants hung loosely on her thin frame, ending in white Keds she’d bought at the shop. Keds had the lowest street-status in the joint, but Alice didn’t give a shit about the things the inmates cared about. One of them had been caught after a family visit trying to smuggle a pair of Air Jordans in her bra. Shouldn’ta pumped it up, Alice had cracked.

  “This computer ain’t workin’!” an inmate called out from the seat nearest the door.

  Alice ignored the outburst. She had a rule against calling out but the inmates called out all the time. They couldn’t follow basic rules, yet they were supposed to master Microsoft Word.

  “Hey, I said, my computer ain’t workin’,” repeated the inmate. It was Shetrell Harting, the leader of the Crips, in a blue do-rag.

  Alice pretended not to hear her. She didn’t like Shetrell. Shetrell made her own rules.

  “Piece a shit!” Shetrell shouted, and suddenly slapped her monitor with a loud thwap! The monitor wobbled on its base, and the other blue do-rags laughed. The red do-rags frowned, and the Muslims, their heads covered in short white keemar, suffered in holier-than-thou silence. They were all dummies to Alice, who walked over to save Shetrell’s skinny ass.

  “You gotta problem?” Alice asked, and Shetrell’s bandanna pivoted angrily around. Her face was long and angular, junkie-bony, and her skin was the color of light coffee, bringing out the jarring green of her eyes. Shetrell was in for dealing rock and had kept the business going on the inside, making a bundle because there was less competition. Alice could have taken Shetrell, with her better-organized operation, but she didn’t want to do business with a murder rap over her head.

  “I don’t got no problem, this piece a shit got the problem,” Shetrell said. “Bang, bang!” She shot the monitor with a finger gun turned sideways. The other do-rags laughed on cue. Leonia Page, the gangbanger who sat to her right, always laughed the hardest. It was her job.

  “Chill, home,” Alice said in a passable black accent. She was in too good a mood not to play. She peered at Shetrell’s monitor. “Whatchoo tryin’ to do?”

  “I ain’t your home,” Shetrell said with open contempt, and Alice grinned crookedly.

  “Don’t you want to be my girlfrien’, girlfrien’?”

  “Fuck that shit,” Shetrell said with a snort.

  “That a no?”

  “Yes. No.” The blue do-rags fell quiet at Shetrell’s confusion, and the red do-rags chuckled under their breath. The Muslims continued to suffer, and Alice dropped the accent.

  “What’s the problem?”

  “I said, I saved my document and now it won’t give it back.”

  “The document is a file, so you have to open the file folder. Did the file open when you clicked open?”

  “No.”

  “Give it another chance,” Alice said, knowing Shetrell hadn’t tried it the first time. “Move the mouse to the yellow folder and click it.”

  “Shee-it.” Shetrell grabbed the mouse and slid it left. The computer arrow hovered uncertainly over the folder icon on the toolbar. She clicked the mouse and her list of documents appeared.

  “Guess the slap helped.”

  “Always does,” Shetrell said, and glanced at Leonia, who was sizing up Connolly.

  Shetrell knew Leonia could do Connolly, no problem. Leonia spent all of her free time in the weight room and lifted every day. She had her weight up to two-twenty-five now and she could put a serious hurt on a man, even. Leonia had to cap Connolly by the weekend. It meant a lot of money to Shetrell, though Leonia didn’t know how much. If Shetrell wanted it done, Leonia would do it. She’d love doin’ it, now that Connolly had dissed her.

  Shetrell made a little nod to Leonia, who cut her eyes sideways, understanding.

  13

  Mary DiNunzio perched on the edge of her chair at counsel table, looking as jittery as she felt. Mary wasn’t the only lawyer nervous about making court appearances, but she was one of the few who would admit it. The modern courtroom had muted slate rugs, sleek black pews, and no windows to leap from, undoubtedly designed to prevent prisoners from committing suicide. Nobody cared if the lawyers committed suicide.

  The emergency hearing was about to start. Bennie was conferring with the deputy at the dais, flanked by the royal-blue flag of the Commonwealth of Pennsylvania and an American flag with a gaudy yellow fringe. Courtroom personnel with plastic ID badges were pulling over a separate defense counsel table. The assistant district attorney, Dorsey Hilliard, drummed dark fingers on the prosecutor’s table, his head shaved to a bumpy polish and glistening brown
, wrinkling into a bullish neck. Aluminum crutches rested on the floor at his feet, their elbow cups stacked like spoons, but it was almost as if they belonged to someone else, since Hilliard looked muscular and strong in a suit of custom pinstripes. The prosecutor had a reputation as one of the toughest in the city, and Mary fidgeted in her seat. ANYWHERE BUT HERE, LORD, she wrote on her legal pad. NOT INCLUDING THE OFFICE. OR LAW SCHOOL. She stopped writing when Bennie strode toward her and sat down at counsel table.

  “This ought to be exciting,” Bennie whispered.

  “Can’t wait,” Mary said, forcing a smile. I’d rather set my hair on fire.

  “All rise for the Honorable Harrison J. Guthrie, presiding,” called the deputy. The lawyers stood as Judge Guthrie entered from a small door, ascended the dais with some effort, and settled his wizened frame into a high-backed leather chair. His head was a wispy white cap and his face bore the refined yet craggy lines of a patrician and an accomplished sailor. His blue eyes shone bright behind tortoise-shell reading glasses and his trademark red tartan bow tie perched like a plaid butterfly at the neck of his black robes.

  “Ms. Rosato,” Judge Guthrie said, his voice firm despite his age, “you have requested an emergency hearing, and the Court has granted your request. As I recall, you don’t usually make such requests frivolously.”

  “Thank you, Your Honor,” Bennie said, pleased. She rose to her feet, recalling the last time she had been before Guthrie. The Robinson case, in which a cop had beaten a small-time drug dealer, apparently for thrills. The judge’s healthy damage award had drawn substantial criticism, though it was the right result. “I would like to enter my appearance in this matter, Your Honor.”

  “A rather perfunctory chore, Ms. Rosato.”

  “Usually, Your Honor. However, former defense counsel has refused to accede, even though the defendant wishes to retain me. I therefore find myself forced to seek resolution of this matter by the Court.”

  Warren Miller, the young associate from Jemison, Crabbe, rose halfway to his feet. A slight, dark-haired lawyer, Miller wore rimless glasses, a three-piece suit, and the pallor of a hothouse orchid. “For the record, uh, we take issue with … that recounting of the facts, Your Honor.”