New York Dead

hysterically about how I had tried to rape her.” “Did you ever get your hand on her breast — inside her dress, I mean?”
    “Yes, but just for a minute.”
    “Herbert, is that all that happened? Is there any more? I have to know if I’m going to be able to give you a proper defense.”
    “I swear to you, that was all there was to it. If the police car hadn’t just happened to show up, it would have been all over in a minute. She would either have calmed down, or she would have gotten out of the van. This whole thing about attempted rape is completely crazy. Oh, I forgot, the policemen gave me a breath test — made me blow up one of those balloons.” “Did they indicate what the results were?”
    “No, I asked them, but they didn’t answer.”
    “Did they give the girl the same test?”
    “I don’t know, I didn’t see them do that. They put me in the back of the police car while they were talking to her and calming her down.”
    “All right, you go with the officer back to the holding cell, and, when they bring you before the bench, I’ll be waiting for you.”
    Van Fleet stuck out his hand. “Thank you for coming, Stone; I really appreciate this. I didn’t want to get my mother involved, you know?”
    “I know, Herb. Maybe we can deal with this without her knowing about it; we’ll see.”

    When the charges were read against Herbert Van Fleet, Stone pointed out to the judge that Van Fleet had no record of arrests or of criminal activity, that he was gainfully employed in a supervisory position, and that he was a responsible member of the community. He mentioned also that the woman making the complaint was unharmed, unless she had a hangover, and that there were no witnesses to support her complaint. He asked that Van Fleet be released on his own recognizance. The judge thought for about three seconds, then set bail at ten thousand dollars and ordered the release of Van Fleet’s vehicle. An hour later, Stone and Van Fleet met in front of the courthouse, and Van Fleet thanked him profusely.
    “What happens next?” Van Fleet asked.
    “If you want me to represent you, what I’ll do first is to try to prevent the case going to trial. The district attorney might offer us a deal, but I don’t think we’d take it. If what you’ve told me is the truth, and there were no witnesses to any of this, then it’s your word against the girl’s. In fact, it sounds to me as though the police officers should have dealt with this on the spot, just put the girl in a cab and sent her home, then lectured you and let you go.” “I’d like you to represent me,” Van Fleet said.
    “All right; my fee will be ten thousand dollars, including tonight’s court appearance — that’s if I can negotiate this without a trial. If we have to go to trial, I’ll represent you on the basis of two hundred dollars an hour, with a guaranteed minimum of twenty-five thousand dollars, which will include any previous pretrial negotiations. And my fee will be payable in advance, as is customary with criminal cases.” Van Fleet thought for a moment.
    “Of course, I’m sure you can find another lawyer who will do it for less, and you’re free to retain anyone you wish. At the moment, all you owe me is a thousand dollars.” Stone watched the man think. He didn’t mention that he knew of the altercation outside Elaine’s some months before, and he thought that Van Fleet might be guiltier than he was admitting.
    “All right, that’s acceptable,” Van Fleet said finally. “I’ll give you a check for ten thousand dollars right now.”
    Stone nodded and watched while Van Fleet wrote the check. They shook hands. “I’ll call you as soon as I find out which assistant DA your case has been assigned to, and after I’ve had a chance to talk to him.” “Good night, then, and thank you again for coming down here and getting me out.”
    Stone watched the man walk to his van and drive away, then he caught a cab uptown.

    Later in the week, Stone visited the offices of the district attorney and found the assistant DA assigned to Van Fleet’s case. She was a rather plain young woman named Mendel. She offered him the other chair in her tiny cubicle, then flipped quickly through the file.
    “Your client is a potentially dangerous man, Mr. Barrington,” she said. “If the police had not arrived on the scene, chances are this young woman would have been raped.”
    “Come on, at a traffic light?” Stone said derisively.