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Work in Progress: Dark Moon, A Novel – Chapter Two

CHAPTER TWO
Her second thoughts about Jim Mitchell began the moment she walked out of Trend, and they continued as she rang the bell at his Pacific Beach bungalow the following night. The house stood out from its beige stucco neighbors in a fresh coat of olive green paint with bright red begonias smiling from the flowerbeds. Not only did he seem strong and wise, seasoned in the ways of the world and his own man, he also appeared to have an artistic streak. She liked him; but, at the same time, she questioned her decision to hire him. This was a new experience for her. She had advanced in the competitive world of Craig, Weller because she was smart and because she had excellent judgment. She rarely had any reason to think twice once she’d made a decision.
But Jim presented a number of challenges beginning with his dark hair, decisively dimpled chin, and firm, square-jawed good looks. He was six feet, two hundred pounds of well-honed muscle that any woman would have found attractive, and she never dated or slept with anyone she worked with. It was a rule set in stone. And even though Jim’s background meant he knew his way around the tough world of criminal defense, he had the kindest brown eyes she had ever seen; and their empathy tempted her to open up about herself in a way she would never have considered with anyone else. But never looking back was another implacable rule. Finally, his honesty about his responsibility for the loss of his marriage and his love for his former wife, surprisingly tugged at her heart, an organ that was nearly impossible to touch after years spent turning herself into one of the toughest lawyers on Wall Street. So Sarah considered telling Jim Mitchell the deal was off as soon as they had settled down to dinner on his charming patio in the ocean-scented remnants of the soft summer evening.
But she hesitated. He was not the average private detective. Even his dress that night was not average California casual. No slouchy knit shirts and faded jeans. Instead, he wore an I-mean-business blue Oxford cloth shirt, sleeves rolled back to the elbows, and impeccable tan linen slacks. Everything about him broadcast confidence and professionalism. If she searched the entire west coast for an investigator to work on behalf of Alexa Reed, she couldn’t do better than Jim. And loyalty to her client was, according to the cannons of legal ethics, her top priority.
“Where did you learn to cook like this?” She had just tasted the lamb chops in a delicate mustard cream sauce with tiny spring peas and braised leeks.
“You were expecting steaks from the butane grill.” His eyes teased her.
“Most definitely. You do not look like a sous chef.”
He grinned. “Thank you, I think. My mother came from old money. Her father was an investment banker and a Cravath client. She insisted on having a professional chef. I liked hanging out in the kitchens to learn about cooking. Drove my old man nuts because he was afraid I’d go to culinary school.”
“You’d have been very successful.”
“Doubtless. But in the end, I wanted to catch the bad guys more.” He smiled. “My cooking skills came in handy when I was living on a government salary and couldn’t afford five-star restaurants.”
“And now you can?”
“In theory. My father died three years ago and left me, his only child, his fortune along with my mother’s money. In trust, of course. But the monthly payments have made me financially independent. It’s unlikely I’ll ever need to touch the capital.”
“So why keep working? And on the side of the bad guys?”
“I keep working because I love doing investigations. Every one is a new story, with a new plot, and new characters. And the clients aren’t ‘bad guys.’ They’re innocent people I’m keeping out of prison. I’m still on the side of justice.”
“Well, then, you may not want to work on Alexa Reed’s case. She’s very guilty.”
“Tell me about it.”
Sarah sighed and traced patterns on the base of her wine glass with one finger. “In the interests of full disclosure, I should let you know that I didn’t want this case.”
“How’d you get it, then?”
“When I left Craig, Lewis and set up shop out here alone, I brought a few clients with me who are based in Los Angeles. One was accused of masterminding a Ponzi scheme, two others were indicted for insider trading, and the fourth was on the hook for racketeering.”
“Isn’t defending clients under the Racketeer Influenced and Corrupt Organizations Act a speciality of yours?”
She felt herself stiffen and hoped he didn’t notice. “I’ve done a few RICO cases, that’s true.”
“But you won one of the most influential and toughest cases of all time, the Joey Menendez case.”
Sarah’s mouth went dry at the name, and she gulped a sip of wine to make her tongue work. “How’d you know about Menendez?”
“It’s famous throughout law enforcement. You persuaded a jury to acquit the head of the Menendez drug cartel of six counts of murder for hire and twenty counts of extortion. No one ever thought that would happen, including the U.S. Attorney who opposed you. What’s wrong? You look upset.”
“No. Of course not.” But she gripped the base of the wine glass to keep her hands from shaking. He was violating one of her iconoclastic rules: don’t look back. She needed to change the subject quickly. “Anyway, I didn’t want the Alexa Reed case.”
“So how’d you become counsel of record then?”
“In a word: blackmail. Last month I settled all but one of the four cases I started with. I’ve picked up one or two new ones as I’ve gone along, but they are all out of L.A. I haven’t developed any business in San Diego. So I put my name on the list of attorneys willing to accept trial court appointments for indigent defendants. Yesterday morning, Hal Remington, who heads the appointments panel called and insisted I come to his office at 10 a.m.”
“He couldn’t offer you the case on the phone?”
“Apparently not.” Her hands had stopped shaking, and she paused to fortify herself with a sip of wine.
“So what happened?”
“I found his office in the basement of the old Justice Building on the third try. They’ve hidden it pretty well. Remington turned out to be a scruffy version of Ichabod Crane, slouched behind a desk so covered in paper, I doubt he’s ever filed anything in his entire career. He told me he was appointing me on Alexa Reed’s case, and I said no.”
Jim leaned over and poured more Australian Shiraz into her class as he asked, “And then?”
“And then he said if I didn’t take the case, I’d never work in this town. He’d personally guarantee it.”
“I didn’t know whether to believe him or laugh in his face.”
“I hope you believed him.”
“What do you mean?”
“People have their own way here. Money and influence talk.”
“But surely they follow the state bar’s ethical rules just like everyone else?”
“Some do. Some don’t. Have you ever heard of Patrick Frega?”
She shook her head.
“He was a San Diego attorney. Back in 1992, he was caught by us feds bribing two very willing superior court judges. They all three got disbarred and sentenced to federal prison. What did you tell Remington after he threatened to blackball you?”
“I told him I couldn’t take the Reed case because I’m not death qualified in California. Alexa is facing the death penalty because it was a double murder.”
“And then what?”
“Remington said my death qualification in New York was enough, and I’d better take the case. Then he leaned over his desk and said, ‘For a woman who graduated number three in her class from Yale, you’re kind of dense. You’re getting this case because you aren’t qualified, and you’ll lose it because that’s exactly what Coleman Reed wants. He wants the woman who killed his son to die by lethal injection as quickly as possible. You and twelve citizens of this city are going to oblige him. You were hand-picked because you look qualified, but you aren’t.”
“He actually said that?”
“I wish I’d been wearing a wire. I asked him what made him think I’d lose; after all, I did graduate number three, and I’m a quick study.”
“And?”
“And he said, ‘Yeah, you were editor of the law review at Yale. Big f’ing deal. That means nothing in this town. I’m It when it comes to handing out defense work. You want to survive professionally? Better not win Alexa Reed’s case.’
“When I reminded him that was unethical, he laughed and said, ‘Then go tell the state bar. You’ll never prove a word out of my mouth. There’s only me and you in this room, and I’ve been appointing lawyers for twenty years. Everyone knows me, but you’re some New York hot-shot who doesn’t belong here. It’s my word against yours, and mine will win. Why don’t you go back where you belong?”
“Wow. So you took the case?”
“He made me angry. I wasn’t going to let anyone treat me like that.”
“Who had the case before you?”
“Trevor Martin. He represented her at the preliminary hearing. I picked up her file from his office yesterday, but I didn’t get a chance to talk to him. I read his withdrawal motion. He claims his mother has inoperable brain cancer, but I think he just doesn’t want to lose a high-profile case.”
Jim reached over to refill her glass one more time, but she put her hand over it. “No, thanks. I’m driving.”
“You can stay here. I have a guest room.”
She looked through the open french doors into his living room, full of an eclectic mix of old and new furniture, antiques and Ikea pieces. Maple and mahogany and a few painted chairs and chests here and there. Cozy and comfortable. The kind of room you’d be tempted to put your feet up in and snuggle into a soft throw on the sofa. Jim was probably like that, too. Safe and comforting. She reminded herself she didn’t get close to men who were like that. She had one-night stands with married men like David, and men she’d never see again. But men like Jim, who were capable of relationships, were dangerous to the self-contained, tightly controlled world she had created.
Her dark eyes locked onto his mellow, softer ones. “No, thanks. And let’s get one rule very clear: I never sleep with anyone I work with.”
“I wasn’t inviting you into my room. There really are two.” He grinned, and the tension broke. “Now, tell me why we’re going to lose.”
She shrugged. “Simple really. She did it. June 2 was a Sunday night. Meggie, who’s six and Sam, who’s five, were with their father at his house on Mount Soledad in La Jolla. Alexa was alone in her rented place in Pacific Beach. Ronald Brigman, who lived about ten minutes away from Michael, had a surveillance camera recording traffic at his front door. The video footage shows Alexa arriving alone at 9:00 p.m. but doesn’t show her leaving. Brigman was killed around 11:00 that night and Michael was shot about twenty minutes later. Meggie called Alexa on her cell phone around 11:15, and the call pinged off a tower that shows Alexa moving from Brigman’s to Michael’s. The Glock .9 millimeter used in both murders was registered to her and was found next to Michael’s body. Ballistics show five bullets in Brigman, and four in Michael, all from her Glock.”
“A Glock magazine in California only holds ten rounds. So I’m assuming there was one left in the magazine?”
“No idea. I haven’t read anything other than Trevor Martin’s motion to withdraw. I’m going to look over the police reports and ballistics evidence tomorrow. I’m meeting with Martin at 10:00 on Monday morning.”
“Do you want me there?”
“No. I don’t expect him to be a witness in her case, and he’ll open up to me better if we’re alone. But I’m going to the jail to see Alexa Tuesday afternoon. I’ll need you then. Two o’clock.”
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