The Rainmaker by John Grisham Learn English through story level 5
chapter one
the black case
it’s no secret that there are too many
lawyers here in memphis
next month when we graduate from law
school
many graduates won’t have jobs to go to
some of those who do have jobs will be
doing boring work for very little money
the lucky ones who have been accepted by
big private firms
will work 70 hours a week but will make
real money
i am one of the lucky ones
i have a job in a small respectable firm
called broadnax and spear
and i’ll be making more money than i can
spend
at least that’s what i thought until a
few minutes ago
i just heard that broad necks and spear
has been bought by tinley britt one of
the big old firms
i called but no one would tell me
anything
i’m driving my old toyota as calmly as i
can and wondering whether i still have a
job
i walk into the building
richard spain a really nice guy who took
me to lunch the first time i visited
here is sitting by the elevators looking
at the floor
richard
it’s me rudy baylor
richard doesn’t move
i sit down next to him
what’s the matter richard i ask
they fired me
they fired all of us
tinley britt just wanted our clients
you’re fired too rudy
do you realize you lost your first job
before you even started
i take the elevator to the fourth floor
and who are you
ask the uniformed guard at the desk
rudy baylor
here this is for you
read it and leave
it is one paragraph
i have no job
i have no money
i do however have a case
and it may be a very good one
one of my classes this year is legal
problems of the elderly
to get experience we visit a club for
elderly people and give them free legal
advice
we went today
it seems like weeks have passed since
stop black came up to me with the papers
but it was only this morning
she and her husband are younger than the
others
buddy and me
we don’t have much money she says
quietly embarrassed
and
we need a lawyer
she adds
what’s the problem i ask
we’re being cheated by an insurance
company
we started a medical policy five years
ago when our two sons were 17.
we’ve never missed a payment
my boy donnie ray got leukemia eight
months ago
now he’s dying because great benefit
won’t pay for a bone marrow transplant
a transplant
i say confused
my boys are identical twins
bone marrow from donnie ray’s brother
ron is a perfect match for donnie ray’s
the doctor said so
the transplant costs about 150 000
their insurance company is supposed to
pay it it says so in the policy
so donnie ray is dying because of them
dot pushes a pile of papers across the
desk
i look quickly through the papers the
policy and letters to and from great
benefit
are you sure bone marrow transplants are
covered in the policy i ask
hell yes
our doctor said they should pay because
bone marrow transplants are routine
treatment now
i look at the next letter
at first it looks like all the others
quick and nasty
dear mrs black
on seven previous occasions this company
has denied your claim in writing
we now deny it for the eighth and final
time
you must be stupid stupid stupid
it was signed by the head of the claims
department
i can’t believe it
i’ll have to study these i say
can you send me his medical records
sure
but please hurry rudy
my boy is dying
i go home and read everything doc gave
me
i read the stupid letter again
it is shocking and mean and written by
someone who never thought the blacks
would show it to a lawyer
i study the records
the blacks paid 18 a week for five years
i keep thinking about max luberg who
taught insurance law last fall
i’m not a real lawyer
but this is a real case
and i need help
i find blueberg’s office in the law
school
it’s filled with books and newspapers
and files it’s a mess
come in he shouts
he’s a thin short man 60 with wild hair
and hands that are always moving
he wears jeans and a t-shirt
baker what can i do for you baylor rudy
baylor i say
then i tell him about the blacks fight
with great benefit
he listens to every word
have you ever heard of great benefit
yeah it’s a big company that sells a lot
of cheap insurance
very unpleasant
let me see the policy
what are their reasons for refusing to
pay
first they just refused then they said
leukemia wasn’t covered
then that donny ray had leukemia before
they bought the policy
then that he was an adult and wasn’t
covered by his parents policy
were all the premiums paid
mrs black says they were i answer
the bastards
says max smiling
max loves this kind of fight poor people
against big powerful companies and you
checked the whole file
yeah i read everything the client gave
me i say
i give him the stupid letter he reads it
twice
unbelievable he says
i’ll read it all tonight
no problem i say
can i come back tomorrow
sure anytime
i’ll meet him listen to his advice and
then type up a two-page report for the
blacks
all through law school i’ve worked
nights at yogi’s bar
it’s a student place owned by prince
thomas
prince is a big man with thick arms and
long hair
he likes to sit at a table near the big
screen tv watch the ball games talk to
pretty girls and drink
people say that not all prince’s
business activities are exactly legal
but
i don’t care
he’s been good to me
for 20 hours a week i make five dollars
an hour
every day students come in looking for
work
so i feel lucky to have the job
it’s okay to be a waiter while you’re a
student
but it won’t be okay when i graduate
i have to find a real job
first i try the law school employment
office madeline skinner
she’s very good at what she does
she knows the right people in the right
firms because she helped them get their
jobs when they left college
hello rudy
hi
i say smiley
rough day huh she knows
broadnax and spear wanted to keep you
but the new firm refused she says
so
what’s left
i ask
not much she says quickly
in fact nothing
what should i do
start knocking on doors there are 3 000
lawyers in this city mostly people
working alone or in small firms offer to
do the work they don’t want
how many times have you given this
advice lately
we have 15 graduates looking for work
thanks mrs skinner
i’ll keep looking
check with me next week
i go to the library
booker kane is waiting to study for the
bar with me
booker is black and my best friend
he and his wife charlene have invited me
to dinner twice a month for three years
booker
i’ve lost the job at broad necks and
spear
he looks shocked
so what are you going to do
find another job
study i tell them about the black case
max blueberg is reading the stuff
tonight
chapter 2
job hunting
when i get to max luberg’s office he
smiles
i read the whole file last night
this kind of behavior is typical of
these companies
they sell to the uneducated and when
claims are made the companies refuse to
pay
don’t they get sued
not often
their clients are the kind of people who
are afraid of lawyers
and the legal system
what happens when they do get sued i ask
generally
not much
there have been some large settlements
around the country
but donnie ray is dying because he can’t
get the transplant he’s supposed to get
under the policy right
yes
if his parents have told you everything
it’s a good case
not a great one
this is tennessee where there are rarely
large settlements
especially in memphis
so
what do i do
i ask
sue the bastards
i don’t have a license
not you
send the family to an experienced lawyer
make a few phone calls for them
do what you can
thanks
i say
the black home is a small brick house
like a thousand others in the
neighborhood
except that the front yard is neater
than most
an old chevrolet sits in the garage
it’s mid-afternoon and the temperature
is nearly ninety
the windows and doors are open
i knock gently and dot comes to the
front door
it’s me mrs black a rudy baylor
i’d like to discuss a few things
i follow her into the kitchen
buddy isn’t around
and i guess donnie rae is in his bedroom
where’s buddy
i ask like we are old friends
she points out the window to the
backyard
under a tree is an old ford fair lane
it’s white with two doors
both of which are open
a cat is sleeping on the roof
he’s sitting in his car
she explains
the car looks like it hasn’t moved in a
long time
where is he going
i ask
and she actually smiles
buddy he ain’t going nowhere he sits in
there every day all day
just buddy and the cats
but he ain’t right in the head
how’s donny ray
i ask
he stays in bed most of the time
look
i advise you to sue
immediately
but don’t expect a quick solution
you’re fighting a big company with lots
of lawyers who can delay and delay
how long will it take
it could take months
maybe years
he’ll be dead in a few months
can i ask you something
great benefit first denied this claim
last august
right after donnie ray was diagnosed
why did you wait until now to see a
lawyer
i thought the insurance company would
pay the claim
i kept writing them they kept writing
back
i don’t know
just stupid i guess
we’d paid the premium so regularly over
the years never late
and i ain’t never used a lawyer you know
no divorce or anything like that
she turns sadly and looks through the
window at the fair lane
he drinks a lot you know
and i don’t really care
it makes him happy
look dot
i know i don’t have any experience but
i’d like to handle this case for you
she has an almost hopeless look on her
face
one lawyer’s as good as the next
how strange
lawyers spend a fortune on advertising
but there are still people like dot who
don’t know an experienced lawyer from a
third year law student
i’ll have to work with another lawyer
until i pass the bar exam you know
how much will it cost
she asks looking at me
i give her a smile
nothing
i’ll take a third of whatever we get
if we don’t win
i don’t get anything
how much
we sue for millions i say
and she smiles
i don’t think there is a greedy bone in
this woman’s body
any dream she had disappeared long ago
but she likes the idea of making great
benefits suffer
and you get a third of it
yes
after donnie rae’s medical bills are
paid
she hits the table
then do it
now
okay
i’ll start work i say
don’t you want to meet donnie ray i’ll
come back soon to ask him a few
questions
just hurry okay
at yogi’s i stay busy
prince is drinking with his lawyer
bruiser stone an enormously fat man with
long thick gray hair and a small beard
together they look like two bears
the next day
i have an appointment with barry x
lancaster
a rising star in the lake firm
jonathan lake is famous in memphis
he graduated from law school and
couldn’t find a job
so he started in business by himself
one night he crashed his motorcycle and
woke up with a broken leg in st peter’s
hospital
the guy in the next bed had also had an
accident and was badly burned
his girlfriend had died
after he and lake became friends
lake signed up both cases sued
and won
six months after passing the bar exam
jonathan lake settled the cases for 2.6
million dollars cash
lake got half
with 1.3 million dollars lake built an
office and filled it with people he
studied hard trained himself and quickly
became the best trial lawyer in
tennessee
barry is quite busy
tell me about your case
well
i’m actually here looking for a job i
say boldly
i saw your advertisement for an
assistant
i’m really busy
okay then i say
i rush through my usual routine about
being bright and in the top third of my
class and how i had a job with broadnax
and spear
i tell him how useful i can be to him
he can use me to do all his boring work
and pay me twenty four thousand dollars
instead of the usual forty
twenty one thousand
i’ll take it
i reply quickly
i’ll work a whole year at twenty one
i promise i won’t leave for 12 months
i’ll work 60 70 hours a week
no vacation
i’ll discuss it with mr lake
maybe he’ll agree
i also have a very good case
i handed my report on the black case and
he reads it twice
you want a job and part of the fee
he asks
no
just the job the case is yours
i’d like to work on it and handle the
client
but the fee is yours
i’ll let you know
back at my apartment the phone rings
it’s barry x
i’ll hire you as an assistant for 12
months
we will represent the blacks against
great benefit
you will work on the case but you will
not receive any of the fees
when do i start
right now
i’d like to discuss the case tonight
we need to get a contract signed by the
blacks
he says
i leave barry’s office after 10 o’clock
i’m smiling as i drive home
i’ll call booker first thing in the
morning with the good news
then i’ll take mrs skinner some flowers
at yogi’s prince says that he is sorry
i’m leaving but i will still work
weekends until i take the bar exam
on my fourth day at lakes barry hands me
a thin file
i want you to go see the blacks and get
this contract signed by all three
it needs to be done now
i call dot and explain
when i arrive dot is alone in the
kitchen
buddy won’t come in
why not i ask
doc just looks out the window
i’ll get donnie ray
i hear dots speaking softly to her son
then they’re in the kitchen
i stand to meet donnie ray black
he is definitely close to death
but he smiles and holds out a bony hand
which i shake
carefully nice to meet you
mom said nice things about you
he replies
his voice is weak but his words are
clear
she says you’re suing those bastards at
great benefit
that’s right i say
is daddy coming in
donnie ray asks
he said he won’t
says dot sadly
i pull the contract from the file
this must be signed by all three of you
before we can start suing them
well
he said he ain’t coming in
she said
just get a pen and go out there and make
him sign the thing
donnie ray tells his mother angrily
she walks out slowly across the yard a
cat sees her coming and dives under the
car
the doors are open and doc pushes the
contract inside
i know you think they’re crazy
donny ray says reading my mind
but they’re good people who have had
some bad luck
if i’d had the transplant
hell
even six months ago
then i’d have had a 90 chance of being
cured
whenever you get out of this case
please take care of them with it
i hate great benefit life insurance
company
dot opens the door and slides the
contract across the table
buddy has signed it
donnie ray
and his mother sign
when i leave them
dodd is gently rubbing donny ray’s arm
and telling him that things will get
better
chapter 3
the fire
after dark on tuesday i’m in my
apartment when the phone rings
it’s dot black
and i know something is wrong because
she wouldn’t normally call me
i just got a phone call
she says
from a mr barry lancaster
said he was my lawyer
that’s true dot
he’s an important lawyer with my firm
he works with me
well
that ain’t what he said
he called to see if me and donny ray can
come down to his office tomorrow
he needed to get some things signed
i asked about you and he said you ain’t
working there
i suddenly feel sick
it’s a big firm and i’m new he probably
just forgot about me
no
he said you used to work there
but not now
this is pretty confusing you know
i know i fall into a chair and try to
think clearly
it’s almost nine o’clock
look
dot
let me call mr lancaster and find out
what’s happening
i’ll call you back
i’m friendly
barry
rudy
did you see my report
yeah
it looks great
he sounds tired
rudy
there’s a problem
jonathan lake doesn’t want to employ you
i want to talk to jonathan lake i say as
firmly as possible
absolutely not
he’s too busy
you bastard
calm down rudy
is lake in the office now
i demand
probably but he won’t see you
ten minutes later i bang on the front
door
but nobody appears
a uniformed guard steps from the shadows
and holds my shoulder
my knees are weak with fear
he’s at least six foot six black with a
black cap
you need to leave some
he says gently in a deep voice
i push his hand off my shoulder and walk
away
i sit for hours on the old sofa in my
apartment
i curse and i cry
and then i start to plan my revenge
i finally fall asleep on the sofa
but something wakes me after nine
there are two policemen at the door
and i invite them in
now
what’s going on i ask
you know where jonathan lakes offices
yes
did you go there last night
yes
what time
between nine and ten
what was your purpose in going there
it’s a long story
we have hours
i wanted to talk to jonathan lake
did you
no
the doors were locked i couldn’t get in
did you try to break in
no
are you sure
yes
ask the guard
the policeman looked at each other
can you describe him
big black guy
probably six six uniform cap gun
ask him he’ll tell you i left when he
told me to leave
we can’t ask him
why not i ask
something awful is coming
because
he’s dead
they are both watching me carefully to
see how i react
i am shocked like anyone else would be
how
uh
how did he die
burned up in the fire
what fire
someone thinks they saw your car near
the office at two this morning
not my car
what fire
i ask again
the lake firm was burned last night
completely destroyed
and barry lancaster told you that i’d
make a wonderful suspect
i say
mr lancaster said you were pretty upset
when you went to the office last night
true
but not mad enough to set fire to the
place
you guys are wasting your time i swear
he said you’d just been fired and you
wanted to talk to mr lake
true true true
but that doesn’t mean that i wanted to
burn his offices down
you’d better talk to a lawyer
right now
you’re the main suspect
i find prince in his office at yogi’s
he is not a morning person and i usually
try to avoid him until he’s had his
third drink
that’s at about 6 p.m
so i’m much too early
what’s wrong
he says
his eyes are red he looks terrible
and he’s in a bad mood
i’m in trouble i say
i tell him about losing the job the fire
the police the dead body everything
so lake got burned down
he looks amused
i never particularly liked him
you sure you didn’t do it
of course not prince
you’d better talk to a lawyer
i can’t afford a lawyer i say
let me call bruiser
he picks up the phone and a few minutes
later we’re in the back of princess
cadillac and he’s telling me all about
his old friend’s career
oddly i begin to relax
bruiser went to law school at night and
finished when he was 22.
he and prince were best friends as
children
and in high school
when bruiser went to college prince
bought a beer truck
they could write a book about the things
they’ve done together since then
i’ve served bruiser a thousand drinks
but i’ve never had an actual
conversation with him
i explain my problem
i saw it on the news
when do you take the bar exam
july
then what
i don’t know
i’ll look around
prince jumps into the conversation
can’t you use him around here bruiser
you have a lot of lawyers what
difference does one more make
he’s a top student bright
works hard
i look at prince who smiles at me like
santa claus
we both look at bruiser who’s trying to
think of an excuse
uh
sure
i’m always looking for good legal talent
but it wouldn’t exactly be a salaried
position
i expect people to pay for themselves
how does that work i ask
you get a thousand dollars a month and
you keep one-third of the fees you earn
one-third goes to my office for
secretarial work
one-third comes to me
if your third is less than a thousand
you owe me the difference
bruiser is watching me closely
he’s offering me the only job left in
the city of memphis
and he knows i don’t want to take it
when can i start
right now
but the bar exam
don’t worry about it
he hands me a ring with two keys on it
you’re free to come and go with all ours
be careful at night
this is not the best part of town
there’s something else
i give him a rapid fact-filled report on
the black case and explain how barry
lancaster used me so he could steal the
case
we have to file suit today
because lancaster technically owns the
case i think he’ll file soon
have the client signed up with lake
yes
but i’m going to go see them now
they’ll listen to me
i show bruiser a copy of the lawsuit
against great benefit and a letter that
i’ve typed to bury x lancaster to be
signed by all the blacks
closing their contract with lake
he reads them slowly
this is good work rudy
let me guess
you filed the lawsuit this afternoon
show a copy to the blacks then ask them
to sign the letter
right
i just need your name and signature on
the lawsuit
i’ll do all the work and keep you
informed
i like it
what’s the lawsuit worth
probably whatever the jury says
and you’re going to be the trial lawyer
i’ll need a little help
it’s about a year or two away
i’ll introduce you to dex shifflet
he used to work for a big insurance
company and checks a lot of policies for
me
his office is down the hall from yours
get this document rewritten put my name
on it
and we’ll get it filed today
just make sure that the clients agree
they will thanks i say
five minutes before the court’s offices
close i file my lawsuit against great
benefit life insurance
my clients the blacks are asking for two
hundred thousand dollars actual damages
plus ten million dollars in punitive
damages
i pulled the figure of 10 million from
the air because it sounds good
trial lawyers do this all the time
great benefit has officially been sued
i race across town to my client
buddy is outside
but dot fetches donnie ray from his room
and the three of us sit around the table
while they admire their copy of the
lawsuit and the big numbers
dot keeps repeating the sum of ten
million
i explain what happened with those awful
people at the lake firm
but dodd and donnie ray really don’t
care
the lawsuit has been filed
and they can read it as often as they
want
they want to know what happens next and
what the chances are of a quick
settlement
these questions are difficult
i know the process will take too long
and i feel cruel hiding this
i persuade them to sign a letter firing
barry x lancaster and a new contract
with the firm of j lyman stone
i explain the new paperwork
donnie rae and i watch as dot quarrels
with her husband out in the car
they’re more cheerful now
they’ve finally fought back and sued
this company that they hate
but i’ve got other problems
i have no idea how bruiser expects me to
start making money immediately
if i win the black case it’ll be many
months away
i’ll continue at yogi’s for a while
five dollars an hour dinner and a few
beers
firms in this town usually expect their
lawyers to wear nice suits drive a good
car
live in a respectable house
even to spend time at the right clubs
not my firm
i can wear anything go anywhere
and no one cares
suddenly
i have a wonderful feeling of
independence
i’m going to be
okay
i need to tell booker about my recent
adventures
for three years we’ve been able to
encourage and help each other
now we’ve got to get back to studying
the bar exam
is very close
chapter four
a trip to the hospital
i’m in my office wondering how i’m
supposed to make a thousand dollars this
month when bruiser comes in
he slides a piece of paper across my
desk
it’s a copy of a police report he says
already halfway to the door
about me i ask suddenly frightened
no
it’s an accident report
a car wreck last night
maybe a drunk driver who drove through a
red light
do we represent one of the not yet
it’s your job to get the case
find out everything you can
there might be some good injuries
i’m thoroughly confused and he leaves me
that way
the accident report is filled with
information
names of drivers and passengers
addresses telephone numbers injuries
damage to vehicles witness reports
both drivers were taken to the hospital
the one who drove through the red light
had been drinking
what do i do now
my door opens slowly and a thin little
man puts his head in
rudy
i’m dick shifflet
he says without a smile
bruiser said you had a case you wanted
to talk about
nice to meet you
that could be 40
or 50.
most of his hair is gone and he wears
glasses that are quite thick and dirty
it’s difficult to tell if his head is
extra large or his body is small
but the two don’t fit
poor deck is one of the ugliest men i’ve
ever seen
yes i say
it’s an insurance case
are you one of the lawyers here
not really
i’ve been to law school but i haven’t
passed the bar exam
ah just like me
oh really
i say
when did you finish law school
five years ago
you see i’m having a little trouble with
the exam
i’ve tried five times
sorry to hear it
when do you take it
he asks nervously
july
it’s difficult isn’t it
yeah
i haven’t taken it in a year i don’t
know if i’ll ever try again
yeah well
how long have you worked for bruiser
three years
he treats me like everyone else
i find the cases work on them give him
his money
everybody’s happy
i hand the accident report to him and he
reads it quickly
bruiser gave it to you
right yeah
what does he expect me to do
find the guy who got hit
make him your client
how do i find him
well he’s probably still in the hospital
that’s usually the best place to find
them
you go to the hospitals
sure
all the time
bruiser has some contacts in the police
department they send him these accident
reports almost every morning he gives
them out around the office and he
expects us to go get the cases
which
hospital what did they teach you in law
school
well they didn’t teach us to chase
ambulances
then you’d better learn quickly or
you’ll get pretty hungry
call the home phone number
tell whoever answers that you’re with
the memphis fire department and you need
to speak to the injured driver
he can’t come to the phone because he’s
in the hospital
you ask which one
i feel sick
then what
look you’re new
let’s go and find this boy
i really don’t want to
i’d like to walk out of this place and
never come back
but at the moment i have nothing else to
do
okay
i say
he jumps to his feet
meet me outside
i’ll call and find out which hospital
at st peter’s hospital deck leads me
straight to the information desk
within seconds he has the room number of
dan van landal
our possible client
don’t act like a lawyer he whispers
deck sadly has done this many times
van lendl is in his late twenties
one eye is swollen almost completely
shut
the other has a cut under it
an arm is broken a leg is very badly
injured and raised above the bed his jaw
is wired shut
good afternoon mr van lendl
can you hear me
who are you
he asks through his teeth
deck shiftlet
from the law firm of lyman stone
he says with complete confidence
you haven’t talked to an insurance
company have you just like that deck
shows who the bad guys are
not us
no
says van lendl
good
don’t talk to them
they just want to cheat you
deck says already giving advice
we’ve looked at the accident report
a clear case of driving through a red
light
we’re going out there to photograph the
area talk to witnesses
we have to do it quickly before the
insurance company gets to the witnesses
sometimes they even offer them money to
lie in court
we need to move fast
do you have a lawyer
i hold my breath
no
he says
well
my firm handles more car wrecks than
anybody in memphis
and we get very large settlements
insurance companies are afraid of us
we don’t charge we take the usual
one-third of any money we recover
as he is finishing the last sentence he
is pulling a contract out
it’s a short contract
one page
three paragraphs
just enough
deck waves it in his face so that van
lentil has to take it
he’s just had the worst night of his
life
he’s lucky to be alive
now he has to examine a legal document
and make an intelligent decision
can you
wait for my wife
he asks
almost begging
are we going to get caught
my nerves are terrible
where is your wife
he asks
she’ll be back soon
he says
pain in every word
i’ll talk to her later in my office
i need to get a lot of information from
her
deck hands him a pen
van lendl quickly signs his name
deck takes the contract and hands him a
business card
a couple of things
dex says
don’t talk to anyone except your doctor
insurance people will probably be here
today trying to make you sign forms and
things
they might even offer you a settlement
do not sign anything until i read it
you have my number
rudy baylor’s numbers on the back
and you can call us anytime
we’ll handle the case together
any questions
good
deck says before he can reply
rudy will be back in the morning with
some papers
ask your wife to call us today
it’s important that we talk to her
he smiles at van lentil
it’s time to go before he changes his
mind
we’re going to get you
a lot of money
we leave quickly
dec proudly says
and
that is how it is done rudy
what would you have done if the guy had
already had a lawyer i ask
beginning to breathe normally again
we came here with nothing we had nothing
to lose
you see rudy in law school they don’t
teach you what you need to know
you were nervous about being there
weren’t you
i was yes
it’s morally wrong to chase ambulances
like that
right but who cares
better us than the next guy
another lawyer will try to contact him
within the next 24 hours
it’s simply the way it’s done
competition
there are lots of lawyers out there
will the guy stay with us
probably
we got to him at the right time
you need to call him in a couple of
hours
talk to his wife
offer to come back here tonight and
discuss the case with him
me
but i’m not sure
look rudy he’s our client now
you have the right to visit him and
there’s nothing anybody can do relax
we drink coffee from plastic cups in a
cafe on the third floor
deck prefers this cafe because it’s in a
new part of the hospital
and very few lawyers know about it
part of my new job will be to spend time
here looking for possible clients
there are two more hospitals in the area
and dec knows where their cafes are too
he advises me to start with saint
peter’s because it has the largest
emergency room
night time is good he says because the
patients get bored and if they can wheel
themselves downstairs for a snack
chapter 5
meeting kelly
the next morning bruiser is at the
office early
good work on van lendl he says
listen to deck
this could be a nice settlement
the police want to take your statement
on the fire
they’ll do it here with me present
i seem to have no choice
and if i refuse i ask
then they’ll probably take you to the
station
i suggest you talk to them
then they’ll leave you alone
it’s the same two policemen who came to
my apartment
the four of us sit around a small table
with two tape recorders
they waste time trying to find holes in
my story by checking the same
unimportant details
but i’m telling the truth
and finally bruiser gets annoyed and
tells them to move forward
after they leave
bruiser says he’ll talk to their boss
and get the file on me closed
don’t worry that’s the end of it they
don’t really think you did it
they just had to question you
i thank him and he hands me a tiny phone
keep this with you at all times
he says
i might need you in a hurry
the tiny thing suddenly becomes much
heavier
he’ll be able to reach me anytime
anywhere now
i return to the cafe at st peters to
hide and study
after a while and to my surprise i
decide that i like it there
the coffee isn’t bad it’s quiet
and no one knows me
it’s perfect for studying
the phone rings
it’s bruiser
any luck
no i say
happy fishing he laughs and he’s gone
probably to yogi’s
at 10
i’m alone in the cafe
i’m studying hard when i hear the tiny
cough of a young woman and look up to
see a patient in a wheelchair
she is very young
and extremely pretty
her ankle seems to be broken and there
are bruises on her face
an old man in a pink jacket gives her a
glass of juice
there you are kelly he says gently
30 minutes
yes please
he touches her shoulder and leaves
we are alone
but i try not to stare
when she lifts her glass i notice the
bandages on both wrists
although she’s pretty
i don’t feel like practicing dex
persuasion skills on her
she looks
very sad
and i don’t want to make it worse
she is wearing a wedding ring
she can’t be more than 18.
i tried to concentrate on the law for at
least five uninterrupted minutes
but i notice her wipe her eyes
i realized quickly that her tears are
not from the pain of her physical
injuries
perhaps there was a car wreck and her
husband was killed and she was injured
it could be a great case
i try to concentrate on my book
then i walk across to buy another cup of
coffee
when i stop at her table she slowly
raises her beautiful wet eyes
i swallow and say
is there anything i can do
are you in pain
no
she says in a whisper
but
thanks
sure
i say
i’m over there studying for the bar exam
if you need anything
thanks
she says again
minutes pass
i turn a page and look at her at the
same time
she’s looking at me
and my heart misses a beat
i ignore her for as long as i can then i
look up
she’s lost again
deep in her suffering
the tears stream down her cheeks
the kind old man in the pink jacket
returns and gently wheels her back to
her room
i think about following them
and asking him about her
but i don’t
the next night at the same table
i listen to the conversations
i ignore a few obvious possible clients
and study for hours
my concentration is total
as 10 approaches
i start looking around
i jump whenever a new customer enters
the cafe
about five minutes later
the same elderly man carefully pushes
her in
she picks the same table as last night
and smiles at me as he gets her orange
juice
i think she’s wearing a pale red
lipstick
and a tiny bit of eye makeup
tonight
she is
extraordinarily beautiful
her eyes are clear
shining
free of
sadness he places her orange juice in
front of her and says the identical
words he said last night
there you are kelly
30 minutes
make it 45
she says
i thought a lot about kelly today
and i’ve got a plan
i pretend she’s not there for a few
minutes and then slowly rise to get
another coffee
i stop at her table and say
you’re doing much better tonight
i feel much better she says
please
sit down
i’m tired of talking to nurses
my name’s rudy baylor
and you’re
kelly somebody
kelly riker
nice to meet you
she is very pretty from 20 feet
but from this distance she is perfect
why do you come here i ask
to get out of my room
what about you
i’m studying for the bar exam
and it’s a quiet place
so
you’re going to be a lawyer
sure
i finished law school a few weeks ago
got a job with a firm
i just need to pass the bar exam now
what happened
i asked looking at her leg
it’s my ankle
they put a metal pin in it
how did it happen
this is the obvious next question
and i thought it would be easy for her
it’s not
she hesitates and her eyes fill with
tears
it’s
a long story
she says and looks away
what kind of lawyer do you want to be
i enjoy trial work i say
representing criminals
maybe
they have a right to a good defense
murderers
yeah but most can’t pay for a private
lawyer
men who beat their wives
no
never
i’m serious about this
and i’m not sure about her injuries
the man in the pink coat arrives to take
kelly back to her room
i enjoyed meeting you i say
she smiles and says thanks for the
conversation
tomorrow night i ask
maybe
the next day i give deck the main
details about kelly riker
in less than an hour
he slides into my office with a proud
smile
kelly riker was taken to saint peter’s
three days ago at midnight
the neighbors called the police who
found her badly beaten
her husband cliff riker was drunk and
holding a baseball bat
kelly gave a short statement
he came home drunk from a baseball game
they fought
he won
she said he struck her twice on the
ankle with the bat and twice in the face
with his hand
what happened to him
he spent the night in jail and then his
family got him out
he won’t go to court though
how do you know
because
it’s happened before
eight months ago the police got the same
call
they’d had a similar fight
except she was luckier
he didn’t use the bat
then three months ago he used it and she
spent a week at st peters
but she didn’t want him to go to jail
it happens a lot
it takes a moment for me to understand
how can a man beat his wife with a
baseball bat
how could cliff riker hit such a
beautiful face
anything else
no
just don’t get too close
the next time i see kelly cliff is
pushing her chair
they quarrel she starts crying
and then he marches out
time passes as kelly cries silently
cliff is not coming back so it’s safe to
go to her now
i’m sorry she says
will you take me to my room
we’re alone in the elevator
are you okay
yes
she takes my hand
thanks
thanks so much
what did you think of cliff
you wanted me to see him didn’t you i
guess so
he should be shot
for a little fight
no kelly
any man who beats his wife with a
baseball bat needs to be
shot how do you know
she asks
police reports ambulance reports
hospital records
file for divorce kelly
i already tried it
but he said he was going to kill me if i
didn’t stop it
he says he loves me
the next night the little old man comes
over and says
are you mr
baylor mrs riker asked me to give you
this
dear rudy
my doctor said i could go home
thanks for everything
say a prayer for us
you are wonderful
she signed her name and then added
please don’t call or write or try to see
me
it will only cause trouble
she knew that i’d be here waiting
i’d never thought that she’d leave but
i’m not going to forget her
she needs me
because there’s no one else to help her
i go to a pay phone and find the number
a recorded message tells me her phone’s
been disconnected
end of cd1
cd2
chapter 6
the exam
i’m sitting in my office studying for
the bar exam
but it’s difficult to concentrate
why am i falling in love with a married
woman
the door suddenly opens and bruiser
rushes in
what are you doing
he demands
studying
it’s friday
the exam starts next wednesday
i just got a call from leo f drummond
he’s a partner at tinley britt an
excellent trial lawyer rarely loses
i know all about tinley britt
well soon you’ll know them even better
they represent great benefit
drummond is the lead lawyer
bruiser is talking so fast because he’s
worried
he’s filed a 10 million dollar lawsuit
against a big company that’s represented
by a lawyer he really admires
what did he say he tells me the judge
will be harvey hale an old friend of his
he thinks a fair verdict is one under
ten thousand dollars
sorry i asked
so
we have leo f drummond and his staff and
they have their favorite judge
you’ve got a lot of work to do
me
what about you
oh i’ll be around but this is your case
remember they get paid by the hour the
more paper they produce the more hours
they can charge their client for
he laughs and shuts the door
i suddenly feel very lonely
wednesday arrives and the exam papers
are passed out at exactly 8 am
it’s absolutely impossible to tell how
well i’m prepared
booker and i have lunch together but not
a word is spoken about the exam
dinner is a sandwich and i’m in bed by
nine
the exam ends at 5 pm friday
we eat pizza drink a few beers but are
too tired to get drunk
booker tells me on the way home that the
exam has made him physically ill
he’s certain that he’s failed it
i sleep for 12 hours
on monday there’s a note on my desk to
see bruiser
he pushes a pile of paper across to me
this is why it’s painful to sue big
companies
this is great benefits motion to dismiss
the blacks lawsuit
and it’s supported by a
64-page document
they’ll file every motion they can
they make money the trial is delayed
you’re exhausted
get
busy
after the third reading i calm down and
start taking notes
i think about how much i hate great
benefit and what it’s done to my client
and i work hard
dec has developed a habit of stopping by
my office on his way to lunch
today he tells me he thinks bruiser is
in trouble with a former business
partner who has testified against him
saturday
a month after i took the bar exam
i get a letter telling me that i passed
the bar
the next morning i shower and go to an
expensive coffee bar and read the papers
there’s something about the bar exam and
the list of people who passed
there i am
it’s true
i search for booker kane
but he’s not listed
i can see him now helping charlene dress
the children trying to smile
trying to persuade them both that he’ll
pass it next time
but i know he’s worried about his job
booker is a proud man who’s always
believed he could achieve anything
i would love to drive over there
but it wouldn’t work
he’ll call tomorrow and congratulate me
calls deck and me into his office
he congratulates me on passing the bar
exam before talking about the van lentil
settlement
the van lentils will be calling in for
their share of the hundred thousand
dollars later today
he feels that deck and i should get
something for our work
it’s been a quick settlement and bruiser
has worked on it for less than six hours
deck and i are wondering what he did for
six hours his share is a third
thirty three thousand dollars
i’m going to give you boys a third of
that to be split equally
thanks bruiser that’s really generous i
say
yeah thanks
says deck
we’re both surprised but we’re thinking
that bruiser gets twenty two thousand
dollars for six hours work
but i didn’t expect anything
and suddenly i feel wealthy
are we ready for tomorrow
bruiser asks me
were you going to argue against great
benefits motion to dismiss the case
i think so i reply nervously
i might let you handle some of the
argument so be ready
all three of us will go to court
they’ll have 20 people there
deck and i have lunch at a steak house
very strange
he says
it’s not usual for bruiser to give money
away like this
something’s going to happen
believe me
i know it is
like what
they’re watching him the police
they’d love to put him out of business
out of business
yeah
and we’ll be caught in the middle
i tell you rudy i’m nervous
so what are you saying
we’ve got to get out
now
i start to ask what he means
but it’s obvious
that can’t work alone
and i’ve passed the bar exam
so he needs me
we’ve got money now
says dec
we could rent an office start our own
business
no
it’s too expensive
i reply
deck looks at me and smiles
hey
i’ve already found a great place and
it’s cheap
now wait a minute deck
believe me we’ve got to move
i know things rudy
things i can’t tell you okay
bruiser’s in big trouble
i strongly suspect deck is telling the
truth
let me sleep on it
okay
let’s meet before court tomorrow
in a cafe we can’t talk in our office
take your files home and anything else
you might want from your office
now
this afternoon
i don’t sleep much and it’s still dark
when i meet dak
well he says
let’s try it for a year i say
that can’t hide his excitement
he holds his hand out for me to shake
it’s a big moment for him
did you remove all your files he
whispers
yes and you i’ve been taking stuff out
for a week
at eight we walked down to our offices
but by 8 15
bruiser has still not arrived
he said he’d be there at 8.
dec and i leave the office at quarter to
nine
relax dex says
bruiser will be in court
and if he’s not
you’ll do fine
just shut up and drive deck
bruiser is not outside the courtroom and
as i slowly push open the door and look
inside the first thing i don’t see is
bruiser
he’s not here
the unpleasant man looking angrily at me
must be judge harvey hale
to my left is a group of men who all
look the same
short hair dark suits white shirts
straight ties
hard faces
nasty little smiles
excuse me sir
i’m here for the black case
and who are you
my name’s rudy baylor i work for bruiser
stone
where’s mr stone
the judge asks
i’m not sure he was supposed to meet me
here
do you want to argue this motion later
no sir
i’m prepared to argue the motion
are you a lawyer
well i just passed the bar
but you haven’t received your license
uh no sir next week
one of the lawyers stands
for the record my name is leo f drummond
of tinley britt
we object to this young man arguing the
motion without a license
he points at me and i hate him already
i’ve passed a bar exam your honor
mr baylor who will handle this case
i will your honor
and
mr stone
i can’t say
but this is my case mr stone filed the
suit for me until i passed the bar
very well
let’s continue
drummond begins and soon becomes boring
then it’s my turn
i’m nervous
and when i’m finished the judge says
i’d like to see you both privately
i wait for drummond who is polite
he even tells me i did a good job
the judge is standing behind his desk as
we enter
please have a seat
we said
i’m really tired of these types of
lawsuits i feel like dismissing the case
excuse me while i visit the toilet
says judge hale and steps to a smaller
door across the room locking it loudly
i’m speechless drummond looks at me all
warmth and smiles
look rudy
i’m a very expensive lawyer from a very
expensive firm
with a case like this we calculate the
cost of the trial to great benefit will
be between 50 and 75 000
he waits for me to say something but i
just stare at his tie
great benefit has instructed me to offer
you
and your clients
75 000 to settle the case
a dozen wild thoughts race through my
mind 25 000
my fee
i can see it
but why is he offering me the money if
his friend harvey is ready to dismiss
the case
and then
i realize
it’s a routine
harvey frightens me and then leo steps
in with the gentle touch
how many times have they done this
before here in this office
it’s a one-time offer only good for the
next 48 hours
if you say no then it’s world war three
he’s smooth
his honor returns from his private
little restroom and now it’s leo’s turn
to excuse himself
not a great lawsuit i’m afraid hale says
maybe i can persuade leo to make an
offer of settlement
he’s just offered me the cost of the
defense i say
hale tries to seem surprised how much
seventy five thousand
his mouth falls open
look son
you’re crazy if you don’t take it
you think so i ask playing his game
the door opens and leo comes back
his honor stares at leo and says
seventy five thousand
that’s what my client said
leo explains
i’m sure of two things
first
hale is serious about dismissing the
lawsuit
second
drummond is too anxious to settle
i leave the room with leo’s arm around
my shoulder
on the drive back to the office deck
makes the very good argument that no
amount of money will save donnie ray’s
life now
so we should take what we can and make
things a bit easier for dot and buddy
bruiser’s secretary is crying when we
arrive
nobody has seen bruiser and she knows
something is wrong
i call yogis
prince will know where bruiser is
i find out that prince has gone too
i hope he’s safe
i’ve got a lot on my mind right now
but i still can’t stop thinking about
kelly riker i know she’s going to get
another beating from her husband
it’s only a question of time
and the thought of that baseball bat
connecting with her beautiful body
makes me want to kill him
chapter 7
donnie ray’s statement
dot seats me at the kitchen table and
says donny ray is getting weaker and
weaker
we went to court yesterday for the first
time i tell her
the insurance company has made an offer
to settle the case
how much
they calculate they’ll pay their lawyers
000 to defend the case
so they’re offering it now to settle
everything
dot goes red in the face
those
bastards think they can shut us up now
right
yes
that’s what they think
donnie ray needed a bone marrow
transplant last year
now it’s too late
i agree
her eyes are red and wet
i was wrong
this mother has not given up
just what are we supposed to do with
seventy five thousand dollars
donnie ray will be dead
and it’ll be just me and him
she points at the fair lane
i guess you said we’d take it didn’t you
of course not
i can’t settle the case without your
permission
we have until tomorrow morning to decide
we’d better talk to donnie ray
she says and leads me to his bedroom
donnie ray gives me a big smile and
tries to keep smiling
dot holds his hand while he listens
carefully
will they go higher
he asks
great benefit has made the jump from
zero to seventy five thousand
dec and i suspect they may go as high as
a hundred thousand
but i won’t be so optimistic in front of
my clients
i doubt it i say
but we can try
how much will you get
he asks
i explain how my third comes off the top
he looks at his mother and says
that’s 50 000 for you and dad
you can finish paying for the house buy
a new car
put some in the bank for your old age
i don’t want their money
donnie ray touches my arm
do you want to settle rudy
no i don’t i say
i look at him
then her
they wouldn’t offer this money if they
weren’t worried
i want people to know what great benefit
has done
i leave them in hope that when i come
back tomorrow i won’t have to tell them
that our case has been dismissed
across town deck is waiting smiling
proudly
what do you think
four rooms plus restroom
not bad
he says
i thought this would be the reception
area
maybe we’ll use it for a secretary when
we hire one
we step through an open door and into a
short haul
one room on each side
this one here is the largest so
i thought you’d need it
i step into my new office
and i’m pleasantly surprised
it’s about 15 feet by 15 with the window
on the street side
it’s empty
and clean
i thought we’d use the other room for
conferences
i’ll work out of here but i won’t make a
mess
he’s trying hard to please me
just relax deck i like it
hey
i almost forgot
he turns on the television
it’s the noon news report
the first thing we see is our old office
employees are being allowed to come and
go but aren’t allowed to remove anything
the next shot is from outside a club
one of several known for the few clothes
worn by its dancers when they are
entertaining clients
the police we learn are searching for mr
stone and mr thomas who are suspected of
a number of criminal activities
prince loved cash i know that much
on my first day at yogi’s one of the
waitresses told me that 80 percent of
prince’s income was never reported
whatever he’s done
prince is my friend
and i hope he’s safe
run bruiser run
dex says
i know dex having a hard time
controlling his excitement
the idea of having his own office and
keeping half the fees without a law
license is great for him
the offices will look beautiful in a
week
however when deck calls me for the
second morning before the sun is up
it’s difficult to be nice
have you seen the paper he asks
i was sleeping
sorry
bruiser and prince are on the front page
if you want to wake up at fourth then
fine
but don’t call me until seven
no eight
sorry but there’s more
guess who died last night
how am i supposed to know
i give up
judge hale
fell down dead by his swimming pool
i tried to clear my head
that’s
hard to believe
yeah
there’s a picture of him
what a bastard
how old was he i ask
i don’t know why
- you need to see the paper
yes
i’ll do that deck
see you later
the paper seems a bit heavier this
morning and i’m sure it’s because at
least half of the stories are about
bruiser stone and prince thomas
they have not been seen
i continue reading and find a very old
photo of judge hale
who will get his job
the local population is half white and
half black
but only seven of the top judges are
black
last year when an old white judge
retired an effort was made to appoint a
black judge
it didn’t happen
many people think that tyrone kipler
a harvard educated partner at booker’s
firm will be appointed
that’s good news since he helped booker
and me with our studies and i have a lot
of respect for him
at exactly nine o’clock i’m at the
courthouse checking the black versus
great benefit file
fortunately his honor hail did not sign
an order to dismiss our case before he
died
i called tinley britt from a pay phone
and asked for leo f drummond
i express my sorrow at the loss of his
friend and i tell him my clients will
not accept his offer
he seems surprised
but has little to say
i think that’s a mistake rudy
he says patiently
maybe
but my clients made the decision not me
oh well
then it’ll be war
he says sadly
he does not offer more money
booker and i have talked twice on the
phone since we received the results of
the bar exam
as expected he’s not complaining about
failing and he’s really happy for me
he’s already sitting down when i arrive
at the cafe
and we order our favorite foods charlene
and the kids are fine
he thinks that he may pass the bar
anyway
since his score was only one point below
the passing mark
he has written to the board of law
examiners who are looking at his exam
again
his boss said he’d better pass next time
or their firm will have to put someone
else in his job
booker thinks tyrone kipler’s
appointment is definite
i tell him everything that’s happened
with a black case and he laughs when i
tell him that it’s now sitting in judge
hale’s court waiting for the new judge
i tell him all about the games drummond
and hale were playing three days ago
when we went to argue the motion
booker listens closely as i talk of
donnie ray and his twin and the
transplant that didn’t happen
no problem he says more than once
if tyrone gets the appointment
he’ll know all about the black case
so
you can talk to him
absolutely
he can’t stand tinley britt and he hates
insurance companies
he sues them all the time
he’ll listen
our food arrives
i tell him about my new office but not
my new partner
andy asks a lot of questions about my
old office the whole city is talking
about bruiser and prince
i tell him everything i know
the day after tyrone kipler is appointed
as judge he calls me into his office
which was hails
kipler is under 40 speaks softly and
looks you straight in the eye
he’s extremely bright
i thank him for helping me pass the bar
exam
he says kind things about harvey hale
but he’s surprised that hale had so few
active cases
he’s chosen a few for quick movement and
is ready for some action
you think this black case should move
quickly
yes sir
the points are simple
there won’t be many witnesses
how many statements will you take
less than ten
you’ll have trouble with the documents
he says
i’ve sued a lot of insurance companies
and they never give you all the
paperwork
it’ll take us some time to get all the
documents you’re supposed to have
i like the way he says us
and there’s nothing wrong with it it is
part of his role as judge to help
everyone get the evidence they’re
supposed to have
file a motion to have the case heard
quickly he says
unless the defense have some very good
arguments
you’ll get it
he tells me to call him if i have any
questions
i’ve got into the habit of calling
donnie ray each afternoon usually around
five
after the first call several weeks ago
dot mentioned how much it meant to him
we talk about a variety of things
but never his illness or the lawsuit
i tell him about something funny that
happened during the day
and i know the calls are an important
part of the last days of his life
he sounds strong this afternoon
he says he’s been out of bed and he’d
love to go somewhere for a few hours and
get away from the house and his parents
i pick him up at seven and we eat dinner
at a little neighborhood
we talk about his childhood
funny stories from the earlier days of
memphis
we laugh a little
probably the first time in months for
him
but conversation makes him tired he
hardly touches his food
just after dark we arrive at a park
where teams are playing baseball
i helped donny ray into a folding chair
from the trunk of my car then go and buy
him a coke
he thanks me again and again for
bringing him here
i pay particular attention to one of the
players as he walks to the fence and
speaks to his girl
kelly smiles
i can see her eyes shine
and cliff laughs
he gives her a little kiss and goes back
into the game
they appear to be happy
he loves her and wants the guys to see
him kiss her
i should be glad that she appears to be
happy and healthy
maybe he stopped drinking
maybe it’s time for me to stop thinking
about her
after an hour
donnie ray is ready for sleep
we drive and talk about his statement
i filed a motion today asking the court
to allow me to take a statement from him
now that can be used at the trial
he will soon be too weak for two hours
of questions from lawyers
we’d better do it pretty soon
he says softly
i was not looking forward to taking
donny ray’s statement in our new offices
they’re small and we don’t have enough
chairs
it would be embarrassing
but on friday the day before donnie ray
is supposed to give a statement
dot tells me that he’s too weak to leave
the house
i call drummond who says he cannot agree
to move the statement from my office to
the home of my client
rules are rules and i’ll have to arrange
a later date
he’s very sorry
he
of course would like to make it after
the funeral
i called judge kipler
minutes later judge kipler calls
drummond and after just a few minutes
the statement is moved to the home of
dot and buddy black
kipler plans to attend
this is extremely unusual
but he has his reasons
donnie ray is seriously ill
the black home seems much smaller and
hotter
donnie rae is sitting in bed more
cheerful now we’ve talked about this for
hours and he says he’s ready
dot is making coffee and washing walls
buddy has been cleaned his shirt is
white
i can’t imagine how dot managed this
i’m proud of my clients
deck has borrowed an old video camera
he looks through the house and tells me
quietly that there simply isn’t enough
room
judge kipler arrives meets everyone and
after a minute says
let’s take a look outside
in the corner of the yard is a big old
tree that provides nice shade
what’s wrong with this
he asks under the tree
let’s get some chairs
drummond arrives at nine exactly not a
minute early
bringing only two other lawyers with him
you’ll sit here
his honor says pointing to three kitchen
chairs
we seat donny ray in a cushion chair
his breathing is heavy
and his face is wet
i politely introduce him to everyone
but he’s too weak to shake their hands
so he tries his best to smile
we move the camera directly onto his
face
there will be other voices off-camera
but his face will be the only one the
jury sees
kipler asks donnie ray if he’s ready
then instructs the court reporter to
start
donnie ray promises to tell the truth
i ask him his name address birth date
some things about his parents and family
basic stuff
easy for him and me
he answers slowly and into the camera
just as i’ve instructed him
he knows every question i’ll ask
although i didn’t tell him to act as
sick and weak as possible
he certainly appears to be doing it
or maybe
he only has a few days left to live
i carefully asked donnie ray questions
about his illness and the treatment he
didn’t receive
he can’t repeat anything his doctor told
him and he can’t give medical opinions
but other witnesses will i hope
i finish in 20 minutes
leo drummond introduces himself for the
camera
then explains who he represents and how
much he regrets being there
he’s not talking to donnie ray but to
the jury
his voice is sweet
he’s a man who cares
he gently asks whether donnie ray has
ever left his house
even for a week or a month to live
anywhere else
they’d love to show that he left home
and so shouldn’t be covered by the
policy his parents paid for
donnie ray answers with a polite and
sickly
no sir
did he ever work for a company where
health insurance was provided
a few more questions like this are all
answered with the soft
no sir
drummond knows he must be careful
the jury will not like any rough
treatment of this young man
he finishes in less than 10 minutes
dodd is quick to wipe her son’s face
with a wet cloth as donny ray looks at
me to see how he did
i smile
judge kipler begins carrying chairs back
to the house and dot and i helped donny
ray to the house
just before we step into the door
i look to my left
deck is at the fence talking to the
neighbors and passing out my cards
i arrive early from my appointment with
dr walter cord and wait for an hour
before a nurse comes and takes me to an
examination room
a young man of about 35 rushes in
mr baylor
he says holding out a hand
walter cord
let’s hurry if we can i have a lot of
patience
i know doctors hate lawyers
i don’t blame them
we need a statement from you
i’m very busy he says
i know it’s not for me it’s for donnie
ray
i charge hundred dollars an hour for
testifying
this doesn’t shock me because i expected
it
in law school i heard stories of doctors
charging even more
i’m here to beg
i can’t afford that dr cord
i opened my office six weeks ago
and this is the only real case i have
it’s amazing what the truth can do
this guy probably earns a million
dollars a year
he hesitates for a second
maybe he thinks of donny ray and not
being able to help
maybe he feels sorry for me
who knows
i’ll send you a bill okay
pay when you can
chapter 8
surprises for drummond
next it is dot’s turn to make a
statement
judge kipler wants to be present for
this one too
i spent two hours with her yesterday
preparing for drummond’s questions
she’ll be around to testify at the trial
but this is drummond’s chance to gather
information
and it will take hours
poor dot’s hands are shaking as she sits
alone at the end of the table
she’s wearing her best cotton blouse and
her best jeans
i explained to her that she did not have
to dress up because the video will not
be shown to the jury
at trial however it will be important
for her to wear a dress
so there are five lawyers and a judge
staring at dot black as she raises her
right hand and promises to tell the
truth
the first hour is spent on family
history and drummond as usual is well
prepared halfway through the third hour
we finally get around to the claim
i have prepared a copy of every document
connected to the file including donnie
ray’s medical records
and these are in a neat pile on the
table
we have no bad documents
but i don’t know whether drummond is so
lucky
according to kipler and deck
it’s not unusual in these cases for the
insurance companies to hide things from
their own lawyers
in fact it’s quite common
especially when the company has nasty
things it would really like to bury
we start with the policy
the next document is the first letter of
denial
then the stupid letter
i’ve told dot to simply hand this to
drummond without saying anything
it’s difficult for her because the
letter makes her so angry
drummond takes it
reads it
dear mrs black on seven previous
occasions this company has denied your
claim in writing
we now deny it for the eighth and final
time you must be stupid stupid stupid
drummond has spent the last 30 years in
courtrooms and he is an excellent actor
but i know immediately that he has never
seen this letter
his client didn’t include it in the file
his mouth falls slightly open
he reads it a second time
he raises his eyes above the letter and
looks at me
i am staring at him a stare that says
caught you big boy
six and a half hours after we started
kipler says that he’s finished
it’s early sunday morning and i’m riding
to the bus station and dex car
the weather is clear and beautiful
the first touch of fall in the air
memphis is lovely in october
judge kipler has set the date of the
trial for february 8
and ordered drummond to make sure that
key employees at great benefit in
cleveland are available to give
statements
a round-trip plane ticket to cleveland
cost just under 700
the law firm of rudy baylor cannot
afford to fly me to cleveland
so i’m going by bus i’ll be in cleveland
by 11 tonight
and the statements from the great
benefit employees start at nine
i’m sure that the tinley brit lawyers
are still sleeping
later they will have breakfast read the
sunday paper with their wives then have
a nice lunch
around five their wives will drive them
to the airport
after an hour in first class they’ll
land in cleveland and be driven to the
finest hotel in the city
after a delicious dinner with drinks and
wine they’ll meet in a comfortable
conference room and plot against me
until late
about the time i check into a cheap
hotel they’ll be getting into bed ready
for war
i of course
won’t be able to sleep
around the table are eight enemies in
dark suits
white shirts expensive ties and black
shoes
eight against one
they look bright-eyed and fresh
now rudy
we thought we’d start with the statement
of jack underhill says t pierce
morehouse one of the four tinley brit
lawyers
no
i don’t think so i say
nervously pardon
you heard me
i want to start with jackie lemanchek
the claims handler
but first the file
we think you should start with mr
underhill
i don’t care what you think
shall we call the judge
kipler’s order clearly states that the
six witnesses i’ve requested
should be available at nine this morning
and that i decide in which order to see
them
well
we have a problem with jackie lemanchek
she doesn’t work here anymore
i stare at him
when did she leave
i asked
late last week
we were in court thursday
did you know it then
no
she left saturday
where is she now she’s not an employee
we can’t produce her
okay
how about tony crick assistant claims
examiner
he’s gone too
how interesting i say
absolutely amazed
has richard pelrod claims examiner gone
too
no he’s here
and russell croke it
mr crockett left us for another company
russell crockett head of the claims
department wrote the stupid letter
and
everett lufkin
no he’s here
where’s the file pierce gives me a thick
pile of papers
give me an hour then we’ll continue
sure
t pierce says
there’s an office
there i return an hour later
we need to call the judge
with t pierce on one phone and me on
another i call kipler
we’ve got some problems your honor i say
what kind of problems
well
of the six witnesses in my notice three
suddenly left the company very late last
week
i read them the names
how about the file
i’ve had a look at least one document is
missing
what is it
the stupid letter
is this true pierce
i’m sorry your honor i don’t know i’ve
gone through the file but i haven’t
checked everything
are you guys in the same room
yes sir we both answer
pierce leave the room
rudy stay on the phone
okay judge it’s just me i say when
pierce is left
what’s their mood
he asks
pretty tense
i’m not surprised
by losing witnesses and hiding documents
they’ve given me the right to order that
all statements will be taken down here
question underhill only
ask him everything you can think of but
find out what happened to the three
missing witnesses
i’ll order a hearing for later this week
and find out what’s going on
he says
i question underhill for three hours
then stop
i thought i would have to stay in
cleveland for days
but i leave this place just before two
with new documents to examine
these boys will have to come to my town
the bus ride back to memphis seems much
faster
on the thursday we’re in kipler’s
courtroom at 5 30 in the afternoon
his honor picked this time so leo f
drummond has to rush over after a long
day in court
i warned you about the documents mr
drummond
i thought i was rather specific
now
what happened
this is probably not drummond’s fault
his client is playing games with him
i almost feel sorry for him
there’s no excuse your honor
he says
and when did you first learn that these
witnesses don’t work for your client
anymore
sunday afternoon
did you try to contact mr baylor
we couldn’t find him we even called the
airlines
they didn’t call the bus companies
sit down mr drummond his honor says
one week from next monday we will meet
here for the statements of richard
pelrod
everett lufkin
kermit aldi
and m wilfred keeley the company
director
they will pay their own travel costs
they will make themselves available to
mr baylor and cannot leave until he
allows them to
all court costs will be paid by great
benefit
copies of all the documents in order
will be delivered to mr baylor by
wednesday of next week
great benefit will also pay mr baylor
the cost of his wasted trip to cleveland
mr baylor how much is a round-trip plane
ticket to cleveland
seven hundred dollars is that first
class
no sir
mr drummond you guys sent four lawyers
to cleveland
did they fly first class
drummond looks at t pierce who looks
like a child caught stealing then says
yes sir
first class
i thought so
how much is a first class ticket
thirteen hundred
how much did you spend on other bills mr
baylor
actually i spent less than forty dollars
around sixty dollars i say
cheating
but not being greedy
then
four hours traveling time at two hundred
dollars an hour that’s eight hundred
dollars
any other expenses
250 to the court reporter
he writes this down adds it all up
checks it
i order the defendant to pay mr baylor
two thousand four hundred and ten
dollars within five days
if mr baylor does not receive this sum
it will automatically double each day
until the check is received
do you understand mr drummond
i’m smiling
drummond rises slowly
he’s angry
i object
there is no proof that mr baylor flew
first class
the trip to cleveland and back is worth
thirteen hundred dollars to your firm mr
drummond
that’s what i’m ordering your client to
pay
mr baylor does not get paid by the hour
he replies
are you saying that his time is not
valuable
you’ll pay him 200 an hour
consider yourself lucky
i quickly pick up my papers and leave
for dinner i eat a bacon sandwich with
thought
buddy is spending more and more time in
his fair lane
it will only be a few days now before
danire dies
and buddy’s way of dealing with it is to
hide out there in the car and drink
he sits with his son for a few minutes
each morning
then tries to avoid everybody for the
rest of the day
we talk about the lawsuit
but dots lost interest
six months ago she honestly thought a
lawyer even me could scare great benefit
into doing right
there was still hope
not now
dot will always blame herself for donny
ray’s death
she didn’t go straight to a lawyer when
great benefit first denied the claim
instead
she chose to write the letters herself
she serves me a cup of coffee and i take
it into donnie rae’s room
where he’s asleep under the sheets
the only light comes from a small lamp
in the corner
the room is still
donnie ray has planned the funeral
he wants me to help carry his body
i pick up the same book i’ve been
reading for two months now
one of the few books in this house
i leave it in the same place and read a
few pages on each visit
i hear a strange voice in the living
room and then a knock on the door
it opens
and i slowly recognize dr cord
just passing by
he says softly
sit down
i say pointing to the only other chair
we sit with our backs to the window
our eyes on the dying boy
i’ve been thinking about this trial
cord says very quietly
any idea when it might happen
february 8th
would it be better if i testified in
court
instead of recording a statement
of course
then i’ll do it
i won’t send a bill
that’s very generous
it’s the least i could do
do you know what my job involves
i diagnose people
then i prepare them for death
i guess someone has to do it
it’s not that bad really
i love my work
he pauses and looks at his patient
this
is a hard one though
there was treatment available at a cost
i was willing to give my time and effort
but it’s still a 200 000 operation
no hospital can afford that kind of
money
it makes you hate the insurance company
yeah it really does
let’s beat them
i’m trying to
i say
we walk quietly past donny ray
and say goodbye to dot who’s sitting out
front
chapter 9
the funeral
the phone call i’ve been afraid of
getting finally comes on sunday morning
it’s dot
she tells me she found him about an hour
ago
he went to sleep last night
and never woke up
her voice is a little weak
but she is managing to control her
emotions
we talk for a bit and i realize that my
throat is dry
and my eyes are wet
i tell her i’m sorry and promised to
visit this afternoon
then i close my eyes and say the last of
many prayers for donnie ray
i called judge kipler with news of the
death
the funeral will be tomorrow afternoon
at 2
which is a problem because the great
benefit statements are due to start at
nine in the morning and continue for
most of the week
i’m sure the suits from cleveland are
already in town
probably in drummond’s office right now
practicing for the camera
kipler tells me to be in court at nine
anyway and he’ll handle things from
there
i tell him i’m ready
when i get to the blacks the whole
neighborhood is there
i tell dot simply that i am sorry
and she thanks me for coming
i go and sit outside alone
i’m soon joined by a young man who looks
oddly familiar
i’m ron black
he says sitting
the twin
he looks strong and healthy
nice to meet you i say
so you’re the lawyer
he’s not in a talkative mood
his sentences are short and forced
but after a time he tells me that he was
ready and willing to give his marrow to
save his brother
and that he’d been told by dr cord that
he was a perfect match
he’s happy to explain this to a jury
and he doesn’t ask how much money he
might get
after two hours i’m really tired
i excuse myself and leave
on monday there’s a whole crowd of men
in dark suits sitting around leo f
drummond on the far side of the
courtroom
i can imagine how angry the top men from
great benefit were when they found out
that they had to appear here today
kipler calls drummond and me to the
front
mr drummond donna ray black died
yesterday
i’m very sorry
drummond says
the funeral is this afternoon
and that’s a problem
mr bailey is taking part in the funeral
in fact he should be with the family
right now
drummond have your people here next
monday same time same place
these very important men from great
benefit will be forced to rearrange
their busy lives
why not start tomorrow
drummond asks
it’s a perfectly good question
i run this court and control the trial
mr drummond
but your honor these gentlemen have gone
to a lot of trouble it might not be
possible next week
this is exactly what kipler wants to
hear
oh
they’ll be here mr drummond
they’ll be here monday morning
well
i think it’s unfair
with respect
unfair
we wanted these statements two weeks ago
your clients started playing games
kipler is punishing drummond and great
benefit
there will be a trial here in a few
months and the judge is telling the
famous lawyer that he his honor will
rule at the trial
behind a small country church a few
miles north of memphis
donire black is laid to rest
i can hear dot crying softly
i can see buddy sitting next to ron
it’s a grey cloudy day
a day
for a burial
we finished with the last statement from
pelrod
jackie lemanchek’s ex-boss on wednesday
7 30 the following week
after three days of questioning and a
thousand pages of statements
the boys from cleveland are ready to go
home
nice job rudy
leo drummond says in a low voice
thanks
he breathes deeply
look
rudy i’d like to discuss settlement
possibilities
we feel good about our defense but this
judge is against us
how much i ask
a hundred and fifty thousand
my client is dead
his mother buried him last week
and now you expect me to tell her
there’s some more money on the table
your timing is terrible
what does the lady want
tell us rudy
nothing
he’s dead
there’s nothing you can do now
so
why are you going to trial
she wants to show the world what great
benefit has done
then she wants to destroy it i say
drummond
is silenced
deck is a nervous wreck when i returned
to the office that evening
his friend butch a private detective is
sitting with him
introduces us refers to butch as a
client then hands me a note
keep talking
not about work
as we talk about the funeral
butch quickly unscrews the cap from the
phone receiver and points inside to a
tiny microphone
let’s go get some coffee
deck says
good idea
i say
feeling sick
outside i stop and look at them
what’s going on
dec asked butch to check our phones
he thought maybe the fbi were listening
to us trying to get information about
prince and bruiser
there are microphones in all three
phones
what do we do
legally
you can remove them
butch explains or you can just be
careful what you say
we go back and search the office for
four hours and find nothing
it’s only the phones
after several months in business our
office is beginning to look
busier the front room is crowded with
rented tables piled high with documents
for the black case
the phone rings even more now
it’s difficult to talk on a phone with a
microphone in it
the mail today is routine except for two
things
first there is not a single document
from tinley britt
the second surprise is an invitation to
a pre-christmas sale of gold jewelry in
a local mall
below the store’s hours and a rather
lovely handwriting
is the name
kelly riker
no message nothing
just the name
the jewelry store is one of over a
hundred shops in the mall
i enter and walk slowly to the long
glass counter where kelly is helping a
customer
she looks up and smiles
can i help you sir
i look at her and melt
we smile at each other
how are you
i ask
fine and you
can we talk
not here
there’s a cinema down the mall buy a
ticket for the eddie murphy movie
i’ll be there soon
she had it all planned
she knew i’d come
she arrives a few minutes late
are we safe i ask her
yeah he’s out with the boys tonight
drinking again
yes
she says
but not much
i worry about you
i think of you all the time
do you ever think about me
all the time
she says
and my heart stops
kelly slides her arm under mine and
moves a little closer
why am i sitting in a dark theater with
a married woman
cliff wants me to have a baby
don’t do it kelly
i just wanted to see you rudy
either forget about me or file for
divorce
i thought you were my friend it’s more
than friendship and both of us know it
i can’t forget about you
then let’s file for divorce i’ll help
you
she leans over
gives me a tiny kiss
and leaves
deck and butch have found out that the
microphones are not the kind the police
or the fbi use
somebody else is listening dex says over
coffee
but who
i make a plan and discuss it with deck
deck leaves
thirty minutes later he calls to talk
about several cases that don’t exist
we talk for a few minutes about this and
that then i say
guess who wants to settle now
who
dot black
dot black
deck act surprised
yeah
she said she’d take a hundred and sixty
thousand
since their top offer is 150 she’d win a
small victory if they pay more than they
want don’t do it rudy this case is worth
a fortune
i know
but legally i’m supposed to go to
drummond and try to settle
it’s what the client wants
at five minutes to nine the next morning
the phone rings
it’s drummond
we wired a tape recorder to my phone
rudy
leo drummond here he says
rudy
you know my clients want to settle
these guys are important you know big
money people with big careers to protect
we’ll offer 175
000 to settle this thing right now
i don’t think so
look rudy
you need to talk to your client i think
she wants to settle
call her right now
i’ll wait here
the bastard probably has the microphone
wired to his phone
he wants me to call her so he can listen
i’ll get back to you mr drummond good
day
i hang up and play the tape
deck and i stare at the recorder
it was drummond
he put the microphones in
i guess we should tell kipler i finally
say
i don’t think so deck says
we know that drummond is responsible
because we’ve just caught him
but we can’t prove it
so what’s kipler going to do
accuse him without proof
let’s save it for the trial
let’s wait for the perfect moment
both of us smile
slowly
i wait two weeks and call drummond with
the sad news that my client does not
want his money
she’s acting a bit strange i say
one day she’s afraid of going to trial
the next day she wants her day in court
right now she wants to fight
he doesn’t expect anything he threatens
me by saying that great benefit will
take the offer back if the blacks don’t
settle now
i’m sure this sounds good to the ears
listening up in cleveland
as for me i’m slightly surprised at my
ability to ignore the money
i’m young
and there will be other cases
and i’m sure that great benefit is
scared and that they are hiding dark
secrets
i’m worried
but
i’m dreaming of the trial
booker and charlene invite me to
thanksgiving dinner
i get to their house and the first words
out of his mouth are
i passed it
his exam was re-graded
his score was raised
and now he’s a real lawyer
i tell him that dec and i have finally
made some money
we got a check the other day for a
client’s insurance claim
twenty five thousand dollars
the client gets sixteen thousand six
hundred and sixty seven dollars and we
get exactly eight thousand three hundred
and thirty three dollars
dec and i each took three thousand
dollars and left the rest in the firm
i bought a car with my three thousand
dollars
not exactly new
but a big improvement on my old toyota
i’m going to spend the christmas
holidays visiting max luberg and other
lawyers who have sued great benefit
end of cd2
cd3
chapter 10
an important discovery
it’s december 23rd when i finally arrive
in madison wisconsin
i find a small hotel and call max who’s
really happy that i’m in madison
i’ve called him about once a month for
advice on the black case and sent him
most of the documents
he knows the trial is six weeks away
he looks the same wild hair jeans
t-shirt
any office to settle
yeah several
they’re up to a hundred and seventy five
thousand but my client says no
that’s unusual
but i’m not surprised
it’s one of the best cases i’ve ever
seen
and i’ve looked at thousands
i tell them about our phones and the
strong evidence that drummond is
listening to our calls
then max and i start work
he wants to beat these people
save the best for last he says
play the tape of donny ray testifying
just before he died
it’s a wonderful picture to lead the
jury with
he slides something across the table to
me
this
is great benefits new policy
sold last month to one of my students
i paid for it
guess what’s not included now
bone marrow transplants
keep it and use it in court
i might even have to come and watch this
trial
when max and i say goodbye at the front
door of the law school
i can’t thank him enough
i’ve talked to four lawyers who’ve sued
great benefit
the first three were no help the fourth
cooper jackson is in spartanburg south
carolina
he’s not supposed to tell me most of
what he tells me
he’s settled with great benefit
and he and his client signed an
agreement never to tell anyone what the
details were
jackson had a client with a great
benefit policy who has refused treatment
the claim amounted to eleven thousand
dollars before they went to court great
benefit suddenly wanted a very quiet
settlement
this is the secret part
he says obviously enjoying himself
they paid us the eleven thousand then
threw in another 200 000 to make us go
away
amazing i say
it’s all here he says
pointing to three large boxes
claims are automatically denied and most
people give up
about 1 in 25 will actually go to a
lawyer
how can you prove this
it’s here in the company manuals i look
through the manuals
one is for claims
the other for underwriting
at first they appear identical to the
ones i have
then
i noticed something different
in the back of the manual for claims is
a section u
my copy does not have this section
and i begin to understand the way the
game is played
the manual for underwriting also has a
section u
when they are read together
the manuals direct each department to
deny the claim
then to send the file to the other
department with instructions not to pay
until they receive further instructions
those instructions
never arrive
neither of my manuals has a section you
the bastards in cleveland
and possibly their lawyers in memphis
hid these sections
it is an important discovery
cooper says that there are other lawyers
suing great benefit
we’ll keep in touch
the pre-trial conference is held in the
middle of january
we agree that two weeks should be
reserved for the trial though kipler
would like a five-day trial
now gentlemen
what about the settlement discussions
asks judge kipler
i’ve told them their latest offer was a
hundred and seventy-five thousand
he also knows dot black is not
interested
what’s your best offer mr drummond
well your honor
my clients are willing to offer two
hundred thousand dollars to settle
mr baylor
sorry my client has told me not to
settle
kipler hands a list to drummond and me
now these are names and addresses of the
possible jurors 92
we’ll pick the jury a week before the
trial
so be ready to go on february 1st
you may find out about their backgrounds
but any direct contact is a serious
offense
by the time we have to choose the 12
jurors
german will have a nice file on each of
these people
the files will be examined by a team of
expensive lawyers and psychologists who
specialize in juries
i on the other hand
have deck
i go to the mall at least three times a
week now she’s walked by only once so
far
but didn’t see me
i sit here tonight
watching for her and studying the jurors
information
my model juror is young and black
with at least a high school education
but women will be sympathetic to dot for
the loss of her child
the one type of juror i want to avoid is
a white male suit like the boys from
cleveland
chapter 11
choosing a jury
maybe i’ll think of a meaner trick
someday
but it’s hard to imagine
if drummond wants to listen to my phone
we’ll give him something really
interesting
it’s late afternoon i’m at the office
when deck calls me from the pay phone
around the corner
rudy deck here
i finally found dean goodlow
goodloe is a white male 39 college
education owns his own business
he’s a juror we do not want
where i ask him
at his office
we were wrong about him he’s not fond of
insurance companies
i gave him the facts in our case and he
got really mad
he’ll make a great juror
what a surprise
i say clearly
i want drummond to hear every word
how did he feel about talking to you a
little worried
i told him what i told the rest of them
i’m not a lawyer
and if they don’t tell anybody about our
conversation then nobody will get in
trouble
good
is good low with us
no doubt
we have to have him
i pick another person we definitely do
not want on the jury
what about dermot king
a good man
we go through the same routine with the
rest of the names and then dex says
what about you
nathan butt was a bit surprised to learn
that i was one of the lawyers on the
case
but he relaxed
he hates insurance companies i say
i wonder if drummond’s heart is still
beating
he knows that he can’t do anything
except stay quiet and try to avoid the
people we talked about
about 15 minutes later the phone rings
a slightly familiar voice says
rudy baylor please
this is rudy baylor this is billy porter
you came by today
what do you want
it’s actually deck’s friend butch
billy porter is a white male wears a tie
to work and manages a store we don’t
want him
yes well
it’s about the trial
is this legal
of course it’s legal
just don’t tell anybody
look
i represent the little old lady whose
son was killed by great benefit life
insurance
killed
yes
the company denied the boy in operation
he died three months ago of leukemia
that’s why we sued
we really need your help mr porter
i’ll bet leo drummond doesn’t sleep
tonight
the jurors arrived between 8 30 and 9.
for many it’s their first visit to a
courtroom
and they’re nervous
dot and i sit alone at the end of our
table facing the jurors
deck is across the room
in sharp contrast the defense table is
surrounded by five men in black suits
checking piles of paper which covered
the desk
i’m amazed that drummond does not
realize how this looks to the jurors
his client must be guilty
or why would they use five lawyers
against only one of me
they clearly have more people and more
money than we do
my poor client is weak
drummond and his boys refused to speak
to me this morning
i could tell that they are shocked and
disgusted by my direct contact with the
jurors
kipler enters the courtroom and
everybody rises
court is open
he asks which jurors want to be excused
and dismisses those
then dismisses some more
and we’re down to 50.
kepler goes through a list of questions
that he showed to both drummond and me
this gives us time to watch and study
each person
then it’s my
turn i stand walk to the bar
smile
and say the words that i practice a
thousand times
good morning
my name is rudy baylor
and i represent the blacks
after all those questions
they’re ready for something different
i look at them warmly
sincerely
now
judge kipler has asked a lot of
important questions
i have only one more question
can any of you think
of any reason
why you shouldn’t serve on this jury and
hear this case
no one says anything
i didn’t expect them to
thank you
i say with a smile
the jury looks fine to me your honor
drummond is on his feet
he tries to look calm and friendly
but he is burning with anger
he introduces himself and his client
asks a few general questions
then it starts
now
i’m going to ask you the most important
question
have any of you
been contacted about this case
it’s more of an accusation than a
question
the courtroom is perfectly still
this
is very important
he says
we need to know
there is no trust in his voice
let me ask it another way
he says very coolly
did any of you
speak with either mr baylor
or mr deck schifflett
i jumped to my feet
objection your honor
i agree
what are you doing mr drummond
kipler shouts
drummond says
mr porter
i’m going to ask you a direct question
i want an honest answer if you ask an
honest question i’ll give you an honest
answer
porter says angrily
yes now
mr porter
did you have a phone conversation last
night with mr rudy baylor
i stand looked directly at drummond but
say nothing
no i didn’t porter says his face is
getting red
are you sure mr porter he demands
i certainly am
i think you did drummond says
before i can object and before kipler
can do anything
billy porter jumps on drummond
don’t call me a liar you bastard
porter screams and puts his hand around
drummond’s throat
drummond falls
women scream
one of drummond’s expensive shoes goes
flying
i stay in my seat
thoroughly enjoying the show
after a short break drummond makes a
formal motion to dismiss the whole group
kipler
refuses but billy porter is excused
the process of picking jurors continues
through the afternoon in kipler’s office
drummond firmly avoids any of the people
deck and i mentioned on the phone last
night
the result is a jury of my dreams
six black females all mothers
two black males one a college graduate
one a disabled former truck driver
three white males all of whom are
sympathetic
one white female the wife of a wealthy
businessman
i couldn’t avoid her
and i’m not worried we only need nine of
the twelve to agree on a verdict
the trial starts in a week
four days before the trial begins deck
takes a call at the office from a lawyer
in cleveland
i call him back from the car phone which
doesn’t have a microphone in it
his name is peter corsa
and he represents a young lady by the
name of jackie
lemanchek she went to his office after
she was suddenly fired from great
benefit for no obvious reason
his client was sexually involved with
several of her bosses
her progress in the company and her pay
were based on her willingness
they are filing suit against great
benefit
i finally ask
will she testify
i talked to jackie lemanchek for an hour
i promise that her appearance will be a
surprise to great benefit
she’s scared to death of them
i think a surprise
would be lovely
chapter 12
the trial
the trial begins
my opening statement is short and goes
smoothly
there was a policy the premiums were
paid every week
it covered donny ray he got sick
he was refused treatment
and then he died
the purpose of this case is not only to
collect money from great benefit it is
also to punish them
drummond begins by holding up a copy of
the policy
this is the policy that mr and mrs black
bought
it doesn’t say that great benefit has to
pay for transplants
the jurors don’t like him
but this has their attention
this policy costs
dollars a week
but they expect my client to pay two
hundred thousand dollars for a bone
marrow transplant
now
they want the two hundred thousand
dollars and 10 million dollars in
punitive damages
i call that greedy
again and again he repeats himself
saying
it’s simply not in the policy
he decides to push me
the second time he mentions the word
greedy i object
kipler quickly agrees with me
dot is our first witness
she describes how awful it was not being
able to provide health care for her
dying son
then she reads the letters of denial
they sound worse than i hoped
denial from claims
denial by underwriting
all the excuses
letter after letter
and then
this stupid letter i watch the jurors
faces as dot reads
they can’t believe it
the courtroom
is silent
please read it again
i say
drummond objects
but kipler silences him
dot reads it again
this time with more feeling
this is exactly where i want to leave
dot
it would be a mistake for drummond to
get rough with her
he starts with some general questions
then
why did you sue great benefit for 10
million dollars
he wants to make her look greedy
she expects the question
10 million
she asks
that’s right mrs black 10 million
dollars
is that all
she asks
i beg your pardon
i thought it was more than that
is that
so yeah
your client has a fortune
and your client killed my son
i wanted to sue for a lot more
drummond keeps smiling and makes one
last mistake with dot black
what are you going to do with the money
if the jury gives you 10 million dollars
imagine trying to answer this in open
court
unprepared
dot however is very ready
give every penny to the american
leukemia society
i don’t want your rotten money
thank you drummond says and sits down
quickly
two of the jurors are openly smiling at
his embarrassment
next
ron testifies that he was a perfect
match and that he was ready to give his
bone marrow to donny ray
then it’s the turn of dr walter cord
he speaks clearly and explains the
disease and treatment so that the jurors
can understand
he tells them about the early test that
showed donnie ray had leukemia
what does this test cost
around a thousand dollars
and how did donnie ray pay for it
when he first came to the office
he filled out the normal forms and said
he was covered by great benefit life
insurance company
my staff checked with great benefit
and found that the policy did exist
did great benefit pay
no
we were eventually told that the claim
was denied
mrs black
has been paying fifty dollars a month
dr cord repeats the fact that ron black
was a perfect match for donny ray
if he had had the transplant
it would have worked
we call everett lufkin from great
benefit to testify
who is jackie lemanchek
i asked him
did you know her well
not really
she was just a claims handler one of
many
tomorrow she’ll testify that their
affair lasted three years
i’ve explained that the claims manual is
the key document that employees refer to
i hand lufkin the copy i was given by
drummond before the trial
i ask
mr lufkin
is this the whole claims manual
yes
are you certain
yes
i requested a copy from your lawyers
and this is what they gave me
yes
did you personally choose this
particular copy of the manual to be sent
to me
i did
i take a deep breath
could you open the manual to section you
please
he actually takes the manual and goes
through it
at this moment i’m sure he’d sell his
children for a section u
i don’t have a section
you i then gave him the copy cooper
jackson gave me
well mr lufkin
let’s talk about the mysterious section
you
let’s explain it to the jury
it went into the manual on january 1st
1991 correct
yes
the year that the blacks first claimed
let’s read paragraph three
paragraph three directs the claims
handler to immediately deny
every claim within three days of
receiving it
no exceptions
every claim
if we could stop right now the jury
would give whatever i ask
and they haven’t seen donnie ray yet
i meet jackie lemanchek’s flight and
take her to a hotel
we go through the questions i’ve
prepared
tuesday morning we have a few more
questions for lufkin
did you suggest to jackie lemanchek that
she should leave the company
i did not
did she receive any type of payment when
she left
no
she chose to leave
thank you
your honor i finished with this witness
drummond wants to get him out of here
your honor
we’re going to keep mr lufkin for later
drummond says
no surprise
the jury will never see him again
very well call your next witness mr
baylor
i say it loudly
we call jackie lemanchek
poor lufkin stops spins around wild-eyed
to the defense table then walks even
faster from the courtroom
how long did you work for great benefit
i asked jackie lemanchek
six years
and when did your employment end
october 3rd
how did it end
i was fired
you didn’t choose to leave
no
i was fired
who fired you
everett lufkin kermit aldi
jack underhall and others
i hand her a copy of a letter
this is a letter i typed and signed she
says
it states that you’re leaving for
personal reasons
the letter is a lie
i was fired so the company could claim
that i didn’t work there anymore
i was supposed to give a statement about
the claim of donnie ray black on october
5th
on the saturday before that
i was asked to come to the office for a
meeting with jack underhall
the man sitting there
in the gray suit
he’s one of the lawyers at great benefit
he told me i was leaving immediately
if i wrote that letter and kept quiet
the company will give me ten thousand
dollars
she bites her lip
struggles for a minute
then is able to continue
i’m bringing up two children alone
and there are lots of bills so
i had no choice
i wrote the letter took the cash and
signed an agreement never to discuss any
of my claims files with anybody
including the black file yes
especially the black file
then
why are you here
i talked to a lawyer
he told me the agreement i signed was
illegal
do you have a copy of the agreement
no
mr underhall wouldn’t let me keep one
but i’m sure he has the original
i slowly turn and stare at jack
underhall
so does every other person in the
courtroom
his shoes have suddenly become the
center of his life
why did you see a lawyer
i needed advice
i was fired for no good reason
but before that i was forced to have sex
with various important people at great
benefit
anybody we know
objection your honor
drummond says
this has nothing to do with the case
let’s see where it goes
please answer the question ms lemanchek
she takes a deep breath and says
i had sex with everett lufkin for three
years
if i was willing to do whatever he
wanted
my pay was increased
and i progressed in the company
when i got tired of it and stopped
i lost my job
and became an ordinary claims handler
again
my pay was cut by twenty percent
then russell croke it decided he’d like
to have an affair
he forced himself on me
told me that if i didn’t accept it
i’d lose my job
both of these men are married
yes
with families
they went after the young girls and
claims
i could give you a lot of names
i look at jackie
her eyes are red now
this is painful for her the jury is with
her
ready to kill for her
let’s talk about the black file i say
it was one of your files
that’s correct
the original claim form from mrs black
was given to me
i followed the company policy and i sent
her a letter of denial
why
why
because all claims were denied at first
in 1991
all claims
yes
it was our policy to deny every claim at
first
then to go back to the smaller ones
later
the big claims were never paid unless a
lawyer got involved
it was a one-year trial and it was
viewed by management as a wonderful idea
deny for a year add up the money saved
subtract the amount spent on quick
settlements
leaving a pot of gold
how much gold
an extra 40 million dollars or so
how do you know all this
if you stay in bed long enough with
these men you hear all sorts of garbage
i’m not proud of this okay
how was the black claim treated
it was denied like all the rest
but it was a big claim
so russell croke it checked everything i
did
they soon realized that the policy did
allow bone marrow transplants
it became a very serious file for two
reasons
first it was suddenly worth a lot of
money
and second
the insured man was going to die
so the claims department knew that
donnie ray black was going to die
of course
it was clear from his medical records
that he would die without the bone
marrow transplant
did you show this to anyone
i showed it to russell crockett
he showed it to his boss everett lufkin
the decision was made to continue the
denial
but you knew the claim should be paid
everybody knew it
but the company was dependent on the
fact that no more than one out of 25
people would talk to a lawyer
they sell these policies to people who
are not very educated
and when you received a letter from a
lawyer
if the claim was under five thousand
dollars and it was correct
we paid it immediately and sent a letter
of apology
big claims went to the management
i think they were almost always settled
quietly
thank you
i turn to drummond with a pleasant smile
and say
your witness
then i go and sit by dot who’s in tears
several of the jurors notice her crying
drummond tries to show that jackie
lemanchek is testifying because she
wants revenge
no
i’m here because i know how they cheated
thousands of people
this story needs to be told
after lunch i call mr wilford keeley the
number one boss at great benefit as a
witness
i show him the medical policy max luber
gave me
please look at page 11 section f
paragraph 4
subparagraph c
point 13.
do you see that
the print is so small he has to pull the
policy almost to his nose
i look at the jurors
the humor is not missed
got it
he says finally
good now read it please
he does
what is the purpose of that section
it explains that we don’t pay for
transplants
is bone marrow listed as a transplant
yes bone marrow is
listed i hand him a copy of the black
policy
what types of transplants are not
covered by this policy
hearts
eyes
all the main ones are listed
what about bone marrow
it’s not listed
so
it’s not stated that you don’t pay for
bone marrow transplants
that’s correct
when was this lawsuit filed mr keely
during the middle of last summer june
yes sir i say
it was june
was the language of the policy change to
remove cover for bone marrow transplants
after the claim was filed
i
don’t know
our final witness is donnie ray black
i sit close to dot as she wipes her
cheek with the backs of her hands
the faces in the jury box are
sympathetic
toward the end
i have a lump in my throat
we have done all the damage we can to
great benefit
and i am winning the case
now
we must try not to lose it
drummond’s first witness is andre weeks
an official in the department of
insurance for the state of tennessee
his job is to place the government
firmly on the side of the defense
drummond hands weeks the black policy
and they spend half an hour explaining
how each policy every policy has to be
examined and passed by the department of
insurance
after an extremely boring hour and a
half the jurors begin to lose interest
we stop for a 15-minute break
then it’s my turn
i hand him the black policy and ask a
few questions about it
he studies the small print in the policy
for a long time as everybody waits
kipler is smiling
drummond is angry
his next witness peyton ryski
president of a national insurance group
does even more damage
after drummond is finished with him i
show him the stupid letter
mr ryski
can you look mrs black in the eye and
tell her that her son’s claim was
handled fairly and properly by great
benefit
it takes him a second or two but he has
no choice
yes
it certainly was
i have planned to end this way but i
don’t expect it to be humorous
one of the jurors actually laughs at his
reply
then the juror behind her starts to
laugh
soon the whole jury box is laughing
it soon ends
but it is an absolutely wonderful moment
i go to bed early and fall asleep in
seconds
less than an hour later the phone rings
it’s an unfamiliar voice
female young and very anxious
i’m a friend of kelly’s
she says
almost in a whisper
she’s in trouble and needs your help
what’s happened
he came home drunk last night beat her
again
where is she
she’s hiding here at my place
after the police left with cliff she
went to see a doctor
luckily nothing’s broken
i picked her up
i get her name and address then dress in
a hurry
i hardly recognize kelly
she’s been badly beaten
one eye is completely shut
i bend over and kiss her on the top of
the head
thanks for coming
she says
through damaged lips
i could kill him
did the police photograph you i asked
kelly
robin answers
yeah they took a lot of pictures
show him kelly
he’s your lawyer
he needs to see
with robin’s help kelly carefully gets
to her feet
turns her back to me and lifts her
t-shirt above her waist
she is covered in bruises
what are you going to do kelly i ask
she has to file for a divorce robin says
if she doesn’t he’ll kill her
is this true
are we going to
file kelly says
yes
as soon as possible
i’ll do it tomorrow
she can’t stay here
cliff got out of jail this morning and
started calling her friends
i told him i knew nothing but he called
back an hour later and threatened me
it won’t be long before he finds her
there’s a secret safe house for women
who are beaten by their husbands
but it costs a hundred dollars a day
and she can only stay for a week
is that where you want to go kelly
she says yes
fine
i’ll take you tomorrow
this is never going to happen again
understand
she whispers
promise
i promise
i’ll file the divorce in the morning
then i’ll come and get you
i’m in the middle of a trial but i’ll
get it done
it’s almost 1am
sleep is impossible
so i drive to the office and prepare the
divorce papers
in this case i believe i am really
helping to save a life
i fall asleep at my desk
deck wakes me at seven
i tell him the story and he reacts badly
you spent the night working on a stupid
divorce
your closing argument is less than two
hours away
why are you smiling
great benefit is going down
no
that’s not it
you’re finally going to get the girl
that’s why
the divorce is on my desk waiting to be
filed
i’ll get it sent to cliff at work
chapter 13
the verdict
the trial has lasted only four days so
the important evidence is still fresh in
the jurors minds
in my closing argument i repeat the main
points of the policy and talk a little
bit about bone marrow transplants
i remind them that if donnie rae had had
the transplant
it probably would have saved his life
i list the hidden documents and the lies
that great benefit told
the message is plain
in jackie’s words the management at
great benefit decided to deny claims for
12 months
it was a trial to see how much extra
cash could be made in one year
it was a cold-blooded
greedy decision
the admitted wealth of great benefit is
450 million
how do you punish a company as wealthy
as this
i ask this question and see the juror’s
eyes shining
they can’t wait
i sit next to dot and wait anxiously to
see if drummond can change defeat to
victory
he begins with a weak apology for the
way he behaved when we were choosing the
jury
then he apologizes for great benefit
one of the oldest and most respected
insurance companies in america
those letters of denial were awful
his client was wrong
but his client has over six thousand
employees
it’s impossible to check every letter
no excuses though
mistakes were made
he’s trying to soften the jurors
he really doesn’t understand why the
jury should give dot black a percentage
of great benefits wealth
it’s shocking
how would that help
he has already admitted his client was
wrong
the people who were responsible for the
unfairness have left the company
he walks to the board and writes
746 dollars
the black’s monthly income
then he writes two hundred thousand
dollars and multiplies it by six percent
to get the figure of twelve thousand
dollars that’s one thousand dollars a
month if the money was in the bank
he then tells the jury what he really
wants
to double the blacks monthly income
great benefit can give them two hundred
thousand dollars and they can put it in
the bank
he’s persuasive
i see the jurors considering it
i hope and pray that they remember dot’s
promise to give the money to the
american leukemia society
please do what is fair he asks
and takes a seat
but i get the last word
i say
if the best you can do
is two hundred thousand dollars
we don’t want it
it’s for an operation that will never
happen
if you don’t believe that great benefit
deserves to be punished
then they can keep the two hundred
thousand
and will go home
i slowly look into the eyes of each
juror as i step along the box
they will not disappoint me
as judge kipler gives them their final
instructions
i relax
there are no more witnesses or emotions
no more worries about this juror that
i could sleep for days
this calm lasts for about five minutes
until the jurors leave to begin their
discussions
it’s almost 10 30.
the waiting now begins
deck and i file the riker divorce
then we go straight to kipler’s office
the judge congratulates me on a fine
performance and i thank him for the
hundredth time
butch will give cliff the papers at work
at noon lunch is sent into the jury room
and kipler sends us away until 1 30.
i can’t eat
i call kelly as i drive to robin’s
apartment
kelly is alone
she’s dressed in a loose suit and a pair
of robin shoes
she has no clothes or anything with her
she walks carefully in great pain
we just filed the divorce papers
i say
when he gets them he’ll go crazy and
come after you
i hope he does
but he won’t
because he’s a coward
men who beat their wives are the lowest
kind of cowards
don’t worry
i have a gun
i take kelly to the unmarked house on a
quiet street
she’ll be safe here
back at the courthouse booker waits with
me in the hall until deck calls my name
outside the courtroom doors
just be cool
booker says then both of us almost race
back to the courtroom
i take a deep breath
step inside and join dot at our table
drummond and the other four are in their
seats
the jury comes back into the box
has the jury reached a verdict
ben charns the young black college
graduate says
we have jana
please stand and read it
charns clears his throat and reads
we the jury
find the defendant great benefit guilty
an order that they pay two hundred
thousand dollars in actual damages
there is a pause
and punitive damages of 50 million
dollars
the bomb lands
and explodes
i’d love to run to the jury box and
start kissing feet
i’d love to go and throw my arms around
judge kipler
but i simply whisper
congratulations
to my
client she says nothing
i make a cross in my notebook and write
the name donnie ray black
i close my eyes and remember my favorite
picture of him
i see him sitting on the folding chair
at the baseball game
drinking coke and smiling
just because he’s there
my eyes water
he didn’t have to die
kipler thanks the jury tells them their
little checks will be sent to them and
asks them not to discuss the case
i’m not exactly rich yet
the verdict is so big that there will be
a big fight
great benefit will not pay easily
i have a lot more work
right now though i want to go and find a
beach
kipler closes the trial
i look at dot and see the tears
she’s a hard woman who doesn’t cry
easily
but she is losing control
someone turns off the lights and we sit
in darkness it’s finished
the last place i want to go is the
office
i say goodbye to deck in front of the
courthouse
promised to meet him later
what do you do with sixteen and a half
million dollars
i cannot begin to understand this amount
of money
i know a dozen things can go wrong
the case could be sent back for a new
trial the verdict could be changed
completely
i know these awful things can happen
but for the moment
the money is mine
i dream as the sun sets
maybe tomorrow i can begin to realize
what i’ve done
but for now
i’m glad to let the poison in my soul go
for almost a year i’ve lived with a
burning hatred of great benefit life
i hope donnie ray is resting in peace
i hope he knows what happened today
they’ve been proved wrong
i don’t hate them anymore
kelly and i are watching a john wayne
movie sitting on her bed
she’s wearing the same gray suit no
shoes or socks
i can see a mark on her ankle she’s
trying to be happy
but she’s in such physical pain that
it’s difficult to have fun
we sit close together
holding hands
the movie ends and the news comes on
after the usual stories the announcer
says
history was made today in a memphis
courtroom
a jury returned a verdict of two hundred
thousand dollars in actual damages
and 50 million in punitive damages
against the great benefit life insurance
company of cleveland ohio the largest
verdict ever in memphis
you won she asks
i won
50 million dollars
yeah
but the money is not in the bank yet
rudy
what can i say
it’s not that difficult
we had a great jury and the facts were
clear
yeah right it happens every day
you’re right
right now
i am the greatest
that’s better
she says
chapter 14
the last beating
on saturday morning the phone rings
this is cliff riker
i start the tape recorder
what do you want
where’s my wife
you’re lucky she’s not dead i’m going to
get you mr big
keep talking the recorder is on
the call ends
i call butch and tell him about my short
conversation with mr riker
butch plans to get cliff alone
mention the phone call and tell him to
stop threatening me
where there will be trouble
this is butch’s idea of a good time
our date on saturday is very similar to
the one on friday
except the movie is different
there are a few laughs a little more
touching
but not nearly
enough she really wants to get out of
that gray suit
they wash it for her once a day
but she’s sick of it
she wants to be pretty again
and she wants her clothes
she is sure that cliff will be playing
baseball tonight
he never misses a game
so we drive past the baseball field at
about seven
then go to the apartment to get her
things
i parked the car
and take a deep breath
are you scared
she asks
yes
i reach under the car seat and get my
gun
we go to her door
the key fits we’re in
hurry kelly i say
i put the gun on the kitchen counter the
place is a mess
i feel like a thief
every movement makes too much noise
my heart is beating loudly as i carry
things from the bedroom to the front
door
that’s enough i finally say
let’s get out of here
there’s a slight noise at the door
someone is trying to get in
she takes a step toward the door
and it flies open
cliff riker crashes into the room
kelly
i’m home he shouts as he sees her fall
over a chair
he swings his baseball bat directly at
my head
you bastard
he shouts
the bat just misses me i run at him
get the gun i shout to kelly
he’s quick and strong
i’ll kill you
he shouts swinging again
missing again
my foot lands perfectly between his legs
he drops the bat
i’ve got it
i swing hard and hit him directly across
his left ear
and the noise is almost sickening
bones break
he falls to his hands and knees then
raises his head and starts to get up
my second swing starts at the ceiling
and falls with all the force i can find
i bring it back down with hatred and
fear and it lands solidly across the top
of his head
then kelly blocks me
stop it rudy
i stop
look at her and then at cliff
he’s flat on his stomach making horrible
sounds
i’m going to kill the bastard kelly
i say breathing heavily still scared
give me the bat
she says
what
give me the bat
and leave
i’m amazed at how calm she is at this
moment
she knows exactly what has to be done
what
i ask looking at her looking at him
she takes a bat from my hands
leave
you were not here tonight
i’ll call you later
okay
okay
i step into the kitchen
pick up the gun
we look at each other
i step outside
close the door quietly behind me
and look around for neighbors
i feel sick
after 10 minutes the first police car
arrives
a second quickly follows
then an ambulance
i sit low in my car in a crowded parking
lot watching it all
kelly’s in there alone and scared and
answering a hundred questions
and here i sit
hoping no one sees me
should i go and save her he can’t be
dead
i think i’ll go back in there
the fear hits hard
i want them to carry cliff out and take
him to the hospital
i suddenly want him to live
get up cliff
walk out of there
but cliff doesn’t walk out
he’s carried out
the sheet is over his face
he’s dead
i open the door and disappear into the
crowd
he’s finally killed her
i hear someone say
police dream in and out
i listen carefully to what’s being said
in case anyone saw a stranger leave
their apartment
minutes later kelly comes out with a
policeman on each side
she looks tiny and scared
they place her in the back of a police
car and leave
i walk quickly to my car and drive to
the police station
i’m taken to a room where kelly sits
alone waiting to be questioned
i enter with a detective named
smotherton
kelly’s surprised to see me
but manages to stay calm
another officer arrives with the tape
recorder
after he turns it on
i say i’m rudy baylor lawyer for kelly
reicher
today is monday february 15
we’re at the central police station
memphis
i’m present because i received a call
from my client at about 7 45 tonight
she had just called 9-1-1
and said she thought her husband was
dead
smotherton starts with basic questions
about kelly and cliff
like birth dates marriage employment
children
she answers patiently
her left eye is still black and blue
the bandage is still on her forehead
she’s really scared
she describes the attacks on her in
detail and smotherton sends the other
detective to get the records of cliff’s
three other beatings
she talks about the baseball bat and the
time he broke her ankle with it
she talks about the last beating and the
decision to leave and hide
than to file for divorce
why did you go home tonight
smotherton asks
to get my clothes
i was certain he wouldn’t be there
where have you been staying for the past
few days
a home for women
here in memphis
how did you get to your apartment
tonight
my heart misses a beat
but she’s already thought about it
i drove my car
she
says where is it now
in the parking lot outside my apartment
can we take a look at it
not until i do i say remembering that
i’m a lawyer
how did you get in the apartment
i used my key
what did you do when you got inside
i went to the bedroom
and started packing clothes
how long were you there before mr riker
came home
10 minutes maybe
what happened then
i interrupt at this point
she’s not going to answer that until
i’ve had a chance to talk to her
this interview is now at an end
i push the stop button on the recorder
smotherton writes something on a sheet
of paper and hands it to me
this will be treated as a killing
but morgan wilson’s office which deals
with family violence will consider the
circumstances
you’re keeping her here
i have no choice
i can’t just let her go
i’m going to jail
kelly says
we have no choice ma’am
smotherton says
suddenly much nicer
your lawyer can probably get you out
tomorrow
but i can’t just free you because i want
to
he leaves the room
and i reach across and take her hand
it’s okay kelly
i’ll get you out as soon as possible
how much time could i spend in jail
you have to be found guilty first
and that’s not going to happen
promise
i promise
are you scared
she carefully wipes her eyes and thinks
for a long time
he has a large family
and they’re all just like him
all heavy drinking
violent men
i can’t think of anything to say to this
i’m scared of them too
they can’t make me go to the funeral can
they
no
good
they come for her a few minutes later
and i watch them lead her down the hall
when they stop at an elevator kelly
turns toward me
i wave slowly
then she’s gone
chapter 15
winners and losers
morgan wilson is a beautiful woman of
about forty
she has a firm handshake and a smile
that says
i’m a busy woman don’t waste my time
her office is full of files but very
neat and organized
i get tired just looking at all this
work to be done
we take our seats
then she realizes
the 50 million dollar guy
she asks with a very different smile now
that’s me
congratulations
she says
she wants to hear about my good fortune
i give her a description of the trial
and what it was like to hear the verdict
then i tell her why i’m here
she’s a thorough listener and takes lots
of notes
i hand her copies of the new divorce
file
the old one and the records of cliff’s
previous visits to the police station
i described the injuries left by a few
of the worst beatings and promised to
have kelly’s medical records by the end
of the day
that poor girl
morgan says
how big is she
about five foot five
110 pounds
how did she beat him to death
she was scared
he was drunk
somehow she got her hands on the bat
good for her
she says
and i can’t believe it
she’s completely on kelly’s side
i’d love to get her out of jail
i need to get the file and read it
but i’ll call the clerk and tell him we
have no objection
where is she living
in one of those women’s homes
but the poor thing is in jail right now
and she’s still black and blue from the
last beating
morgan waves at all her files
that’s my life
we agreed to meet at nine tomorrow
morning
the next day at the office the phone
rings
it’s peter corsa jackie lemanchek’s
lawyer in cleveland
corsa congratulates me on the verdict
then tells me some strange stuff is
happening at great benefit
the fbi arrived at the head offices of
great benefit in cleveland this morning
and started removing records
almost all the employees were sent home
and told not to come back for two days
a newspaper story says pin khan the
parent company has serious financial
problems
there’s not much i can say
i killed a man 18 hours ago
and it’s hard to concentrate on other
things
he promises to keep me informed
it seems to take forever
but i finally see kelly walking toward
me
smiling
and i quickly take her to my car
i tell her about threatening calls about
her that have been made to the prison
we suspect it’s his crazy family
i don’t want to discuss last night
and she’s not ready for it either
peter courser calls the office while i’m
hiding kelly
great benefits millions have disappeared
the money was taken out by pin khan and
sent to europe
deck looks like death
we sit in my office for a long time
without a word
we haven’t discussed it yet
but we both know that we’ve gone from
being paper millionaires
to having no money at all
the phone rings
deck answers it and listens for a minute
this guy
says he’s going to kill you
that’s not the worst phone call of the
day
i wouldn’t mind getting shot right now
he says
the side of kelly makes me feel better
we eat in her room
with the door locked and my gun on a
chair
there is a short story about cliff riker
in wednesday’s newspaper
nothing about great benefit
then a message arrives from peter
course’s office
mr wilfred keeley was arrested yesterday
afternoon as he and his wife were
waiting to board a flight to london
they claimed to be going away for a
quick holiday
they could not however produce the name
of a hotel anywhere in europe where they
had reservations
it appears that great benefit has been
robbed by its parent company over the
past two months
the cash went to safe banks all around
the world
anyway
it’s gone
morgan wilson has examined kelly’s file
and she wants to drop the case
her boss al vance isn’t so sure
it’s very simple mr vance i say
if you take it to trial
you’ll lose
i’ll wave that bat in front of the jury
you guys will look terrible trying to
put her in jail
he’s right al
morgan says
we couldn’t win
al needed to hear that from both of us
and agrees to dismiss it
morgan promises to send me a letter this
afternoon
i thank them
and leave quickly i almost run through
the parking lot to my car
they’re examining a bullet hole in the
office window when i arrive
deck was in the front office and the
bullet missed him by no more than 10
feet
his first call was to butch who came
immediately
deck tells us he’s fine but his voice is
very shaky
butch says he’ll wait just below the
window and catch them if they come back
god help the rikers if they plan another
drive-by shooting
deck and i decide on a private lunch and
we agree on a simple arrangement
deck gets the files he wants
and i get two thousand dollars to be
paid within 90 days
we agree on the details as we eat
and the business part of the separation
is easy
the personal side is not
we both know that deck has no future
i
talked to bruiser last night
dex says
where is he
the bahamas
is prince with him
yeah
this is good news
and i’m glad to hear it i’m sure dec has
known for some time
so
they’re safe i say
yeah
the money’s still here you know
how much
four million
it’s what they made from the clubs
it’s in memphis
they want me to take it to miami
don’t do it deck it’ll take two days and
it will make me rich
be careful deck
we shake hands
you made history rudy you know that
we did it together
yeah
and what do we have to show for it now
old war stories
deck’s eyes are wet
i watch him drive away
i go to my bank and take out my savings
twenty eight hundred dollars
i hide the bills under the seat of my
car
it’s nearly dark when i knock on the
black’s front door
dot opens it and almost smiles when she
sees me
over coffee i gently tell her the news
about great benefit
we probably won’t get a penny ever
i’m not surprised at her reaction
her eyes shine
and her face is happy as she listens
there appear to be several complicated
reasons for great benefits death
but right now it’s important for doc to
believe she caused it
she put them out of business
one little woman
destroyed those bastards
she’ll go to donny ray’s grave tomorrow
and tell him
kelly is waiting anxiously at the home
we sign the paperwork and thank everyone
then we hold hands and walk quickly to
the car
take a deep breath
and drive away
the guns under the seat
but i’ve stopped worrying
which direction i ask when we get to the
highway that circles the city
we laugh at this because it is so
wonderful
it doesn’t matter where we go
i’d like to see the mountains and snow
she says
i think we can find some
she moves closer
it’s amazing how little we’ve planned
for this
we didn’t know until this morning that
she’d be able to leave
we’ll settle in a place where no one can
find us
kelly and i will talk about cliff’s
death one of these days
but not anytime soon
we’ll pick a small college town because
she wants to go to school
she’s only 20.
i’d love to teach history in high school
that shouldn’t be hard to do
after all
i have seven years of college
i will not for any reason ever be
involved with the law
ever
you