The Fugitive (6 page)

T
heo's favorite teacher was Mr. Mount, his homeroom teacher and faculty adviser for the Debate Team. He was in his mid-thirties, still single, and prone to flirting with the young female teachers, and he had a happy, laid-back attitude about life that the boys adored. His family was full of lawyers and he himself had finished law school and worked for one less than pleasant year with a big firm in Chicago. He loved teaching, enjoyed being around kids, and had decided that he belonged in a classroom and not a courtroom. He taught Government at third period, and was often inclined to let the boys discuss whatever they wanted as long as it was remotely related to politics, history, or the law. Also, he gave easy tests.

With Duffy all over the news, there was little doubt about what the class would dwell on Monday morning.

“I have a question,” Darren said not long after Mr. Mount called the class to order.

“What is it, Darren?”

“The newspaper said that Pete Duffy might fight extradition back to Strattenburg. What does that mean?”

Mr. Mount glanced at Theo, but chose to handle it himself. Theo knew more about the law than anyone in the room, except Mr. Mount, but Theo was often reluctant to dominate the discussions. He didn't want to appear to be a know-it-all.

Mr. Mount said, “Good question. Extradition is a legal process whereby a person who is arrested in one state is sent back to the state where the crime occurred. Obviously, this person does not want to return to the place where he's in trouble, so he often tries to block the transfer. It's always a waste of time because eventually the courts see to it that he gets shipped back. The only time it gets sticky is where one state has the death penalty and the other state does not. But even then, the defendant loses. It's more of a problem between countries because the United States does not have extradition treaties with all other countries. You guys ever see the movie
The Great Train Robbery
?
”

A few hands went up.

“It's the true story of a train robbery in England, around nineteen sixty or so. This gang stopped a train loaded with money and made a clean escape. Eventually they all got caught, with the exception of one guy who made it down to Brazil, the same place Duffy was headed. At the time, Brazil did not have an extradition treaty with the United Kingdom, and so this guy was able to live a pretty good life down there and the British police couldn't touch him.”

“What happened to him?” Darren asked.

“He eventually got homesick and returned to London. I think he died in prison.”

“I have another question,” Woody said. “My dad says it's unheard of for a guy charged with murder to be able to post a bond and stay out of jail while he's waiting on his trial. Somehow Pete Duffy got around this, and look what happened. He was rich, so he got a special deal, right? My dad says anyone else would've been locked up and not able to run away. I don't understand this bond thing.”

Mr. Mount looked at Theo again. Theo said, “Well, your dad is right. Most judges will not even consider a bond in a murder case. For other cases, say for example embezzlement, say you got caught stealing money from your boss, a serious crime but nothing violent, then, your lawyer would ask the judge to set a reasonable bond. The prosecutor always wants a high bond, the defendant a low one. Say the judge sets the bond at fifty thousand dollars. You would then go to a bail bondsman and put up ten percent in cash. He writes the bond, you get out while you wait for your trial, and everybody's happy. If you don't show up in court, the bail bondsman has the right to track you down and bring you back.”

“What's the difference between bail and bond?” Woody asked.

“Nothing really. Lawyers use either word. They say ‘My client's bond is five thousand dollars,' and they say, ‘My client's bail is five thousand dollars.' They mean the same thing.”

“So how did Duffy get a bond?”

“He had money. His bail was set at a million dollars, and he put up some land worth that much. He didn't go through a bail bondsman, but his lawyer arranged the deal with the court.”

“What happened when he disappeared?”

“The county took his land. Just like that.”

“Does he get it back now that he's been found?”

“No. He lost it forever. According to my dad, the county plans to sell the land and keep the cash.”

“Can he get another bond now?”

“No, not after jumping bond the first time. No judge would consider bail for an escapee.”

“Can we watch the trial again, Mr. Mount?” asked Ricardo.

Mr. Mount smiled and said, “We will try, that's all I can promise. I doubt if it will happen anytime soon.”

“I wonder how they caught him,” Brian said.

If you only knew,
Theo said to himself.

During afternoon study hall, Theo asked Mr. Mount if he could be excused for a few minutes. He needed to run some vague errand. Mr. Mount looked at him suspiciously but agreed anyway. Theo might flirt with trouble from time to time, but he would never do anything terrible.

He found Julio on the playground, again playing soccer. Julio took a break from the game and stood next to Theo as they watched the action. “Any luck with Bobby?” Theo asked quietly.

“Yes, I saw him last night. I told him what you told me and he's really nervous. He is wondering why he should get involved in a murder trial. He has everything to lose and nothing to gain, and he really doesn't care if this Duffy guy goes to jail or not. That, plus he's really worried about his mother.”

“Can't blame him for that.”

“You know, Theo, it would have been better if Duffy was never caught.”

“Maybe you're right,” Theo said, as he suddenly felt guilty again. But guilty of what? He had spotted a fugitive and done what was right. “Tell Bobby things will be okay, all right, Julio? He's got to cooperate with the police.”

“Maybe I'll let you tell him.”

“I'll do that.”

As he walked back to homeroom, he mentally kicked himself for getting in so deep. He'd stuck his nose into somebody else's business and now he wished he hadn't. The Duffy circus would once again take over the town, and with it there would be the possibility of bad guys poking around. If it somehow leaked that Theo and Ike were responsible for Duffy's capture, things might get rough. And Bobby Escobar might vanish at any moment.

After school, Theo checked in at the Boone & Boone law office. Elsa informed him that he had worn the same shirt twice last week and she was tired of looking at it. He said thanks and went to his office, a small room in the back that was once used for storage. When everyone was busy, he left Judge behind, sneaked out the back door, and rode his bike downtown where he met April Finnemore at Guff's Frozen Yogurt on Main Street.

Theo ordered his favorite—chocolate smothered with crushed Oreos. April never had the same thing twice. She was an artist, a creative type, and always trying something new. Theo didn't understand this, and she didn't understand why Theo was so rigid in his routines. He lived by the clock and rarely tried anything new. He blamed his parents. After sampling three types, while Theo waited impatiently, she finally selected pistachio with walnuts.

Walnuts? But Theo said nothing. They found their favorite booth, one with privacy. She began firmly with, “Now, I want to know why you missed school last Thursday and Friday.”

“I'm not supposed to say.”

“You've been acting weird, Theo. What's going on?”

April was the one friend who could keep secrets. She came from a broken family where there was a lot of strange behavior, a lot of goofiness that would be embarrassing if people knew about it. Thus, she had learned to stay quiet at an early age. She could also spot trouble. If Theo was worried or frightened or in a foul mood, leave it to April to zero in with her usual, “Okay, Theo, what's going on?” He always told her and he always felt better. She told him things, too, usually stuff about her family, but also her dreams of getting away, of becoming a great artist and living in Paris. Most boys would have little patience with such foolishness, but Theo adored April and he was always willing to listen.

He took a bite, wiped some Oreos off his lip with a napkin, looked around to make sure no one was listening, and said, “Well, have you seen this story about Pete Duffy getting caught?”

“Of course. It's all over the news.”

“Here's what really happened.”

He told her everything.

“But, Theo, what you did was brave and honorable. You're responsible for bringing a murderer to justice. At the moment when you saw him and realized who he was, you had no choice but to do what you did. I'm very proud of you. I can't think of another kid who could have done that. You caught him twice.”

“But what if he knows who I am? If you had seen the look on his face when they walked him away in handcuffs, you'd be pretty scared.”

“He's not going to hurt you. He's in enough trouble. Besides, I doubt if he recognized you. You've never met the man. You're just a thirteen-year-old kid he saw in the airport when he must have been in shock. I wouldn't worry about that.”

“Okay, what about Bobby Escobar? He's about to be on the hot seat and he's probably terrified. I've really complicated his life.”

“He's also the star witness. You gotta believe the police will take care of their star witness. Right?”

“I guess. But Duffy has some thugs I sort of bumped into during the first trial. They're probably still around.”

“Maybe not. They might've skipped town when Duffy did. And let's say they are still here. What do they gain by harming you? You're just a kid. If they beat you up, how does that help Duffy with his murder trial?”

“I won't care if I'm beat up.”

“Relax, Theo, you're worrying too much.”

“Okay, here's something else to worry about. This is a long shot, but I do think about it. Let's say Duffy goes to trial, gets convicted of murder, and the jury gives him the death penalty. Then one day they walk him into the death chamber down at Deep Rock Prison, put a needle in his arm, and it's lights-out. If they execute him, I'll get some of the blame.”

“Look, Theo, you always say you believe in the law, right?”

“Of course.”

“And the law in this state says that if a person is convicted of capital murder, then that person deserves the death penalty. I don't agree with that, but it's the law. Nobody will blame you just because they followed the law.”

Theo swallowed some frozen yogurt and tried to think of something else to worry about. Thinking of nothing, he said, “You don't believe in the death penalty?”

“No, I think it's awful. Don't tell me you want the state to execute people.”

“I don't know, to be honest. My dad is in favor of capital punishment. My mom agrees with you. They argue about it and I hear both sides. What are you supposed to do with serial killers and terrorists?”

“That's why we have prisons, to lock up nasty people and keep them away from us.”

“So, if they prove Pete Duffy strangled his wife just to collect a million bucks in life insurance, you think he should be sent to prison for the rest of his life?”

“Yes. What do you think they should do with him?”

“I don't know. I'll have to think about it. But if his thugs come after me, then I'm in favor of the death penalty.”

“Relax, Theo. You're worrying too much.”

“Thanks, April. I always feel better when I talk to you.”

“That's what friends are for, Theo.”

“And please don't tell anyone.”

“Stop worrying.”

• • •

Ike wasn't worried either. He was sipping on a beer and listening to old Motown tunes when Theo and Judge arrived for the mandatory Monday afternoon meeting.

“Any news?” Theo asked. Ike drank and played poker with some old guys, retired judges and policemen, even some shadier types who had never been caught by the police and had never faced judges. He took great pride in collecting the gossip.

“There's a rumor that Duffy will not fight extradition. He could be back here in a couple of days. Things are looking bad for the old boy. He's broke and probably can't afford to hire Clifford Nance again, probably can't hire any lawyer with any talent. He lost a million bucks on his bond, and that lovely home out in Waverly Creek is about to be owned by the bank.”

“Who'll be his lawyer?”

“I have no idea. He'll find someone, some hungry lawyer looking for a big case. Would you take his case, Theo, if you were a young lawyer in town? You say you want to be a big courtroom lawyer.”

“I don't think so. He looks pretty guilty.”

“He's innocent until proven guilty. Lawyers don't always get to choose their clients, and most criminal defendants are guilty anyway. Someone has to represent him.”

“He's guilty of escape. That's ten years right there. Not much a lawyer can do with that.”

“Right. I have a hunch Duffy might want to cut a deal, a plea bargain. He pleads guilty to the murder, avoids a trial, and in return the state agrees not to pursue the death penalty. Happens all the time. He'll spend the rest of his life in prison, where he belongs, but at least he'll be alive.”

“How bad is prison, Ike?” Theo asked cautiously. It was a subject that had always been off-limits.

Ike kicked back and put his feet on his desk. He sipped beer from the bottle and thought for a long time. “You could say I got lucky, Theo, because I was not in a terrible prison. They're all bad, you know, because you're locked away and forgotten. I lost everything, including my family. My name, respect, profession, self-worth, everything. That's what you think about when you're in prison—all the things you take for granted. It was awful, just awful. But, I was not in a place where bad things happened to us. Sure there was some violence, but I never got hurt. I made friends. I met other men who had been there much longer, and they were surviving. We had jobs, got paid, read thousands of books, had access to newspapers and magazines, watched television, sometimes old movies, wrote letters, exercised. The food was terrible but I actually got healthier in prison because I stopped smoking and drinking and jogged every day.” He took another sip and stared at a wall. “The prison Duffy will go to will be much worse, but it will still be something he can survive. If he goes to death row and waits for an execution, he'll be placed in a cell by himself and locked up there for twenty-three hours a day. Bottom line, Theo, if I were Pete Duffy, I'd beg for a plea bargain and avoid death row. He'll be alive and that's worth a lot.”