Rogue Lawyer (13 page)

Sanity slowly arrives in the Renfro disaster. Under pressure from all sides, but especially from my pal at the
Chronicle,
the City flounders with its response. The chief of police has gone mum, claiming he can't comment because of pending litigation. The mayor is running for cover, obviously trying to create some distance. Hot on his ass are his enemies, some city councilmen who enjoy the grandstanding and would like to have his job. They are in a minority, though, because no one really wants trouble with the police department.

Sadly, dissent nowadays is considered unpatriotic, and in our post-9/11 atmosphere any criticism of those in uniform, any uniform, is stifled. Being labeled soft on crime or soft on terror is a politician's curse.

I'm feeding everything to my pal at the newspaper. Citing unnamed sources, he's having a ball hammering away at the cops and their tactics, screwups, and attempts to cover up. Using materials from my files, he runs a lengthy piece about the history of botched invasions and excessive force.

I'm getting as much press as I can possibly generate. I cannot lie and say I don't love this; indeed, I live for it.

The defendants file a motion with Judge Samson and ask him to, in effect, put a muzzle on “all lawyers involved in the civil lawsuit.” Judge Samson denies the motion without even the benefit of a hearing. Right now, the attorneys for the City are terrified of the judge and running for cover. I'm firing as many bullets as possible.

I practice alone, without a real office and certainly without a real staff. It's extremely difficult for a lone gunman like me to engage in high-powered civil and criminal litigation without some support, which is where the two Harrys come in. Harry Gross and Harry Skulnick run a fifteen-lawyer shop in a converted warehouse downtown by the river. They do mostly appellate work and try to avoid jury trials, and thus spend their hours buried in books and pushing legal pads and briefs around their desks. Our arrangement is simple: They do my research and paperwork, and I give them one-third of the fees. This allows them to play it safe, to keep some distance from me, my clients, and the people I tend to irritate. They will prepare a stack of motions an inch thick, hand it to me for my review and signature, and nothing can be traced back to them. They toil away behind locked doors and never worry about the police. In the case of Sonny Werth—the client who woke up with the tank roaring into his den—the City settled for a million bucks. My cut was 25 percent. The two Harrys got a nice check and everybody was happy, except for Sonny.

In this state, all damages in civil cases are capped at $1 million. This is because the wise people who make the laws in our state legislature decided ten years ago that their judgment was far superior to that of the actual jurors who hear the evidence and evaluate the damages. They, the lawmakers, were hoodwinked by the insurance companies who are still funding the national tort reform movement, a political crusade that has been wildly successful. Virtually every state has fallen in line with caps on damages and other laws designed to keep folks away from the courthouse. So far, no one has seen a decline in insurance rates. An investigative report by my pal at the
Chronicle
revealed that 90 percent of our legislators took campaign money from the insurance industry. And this is considered a democracy.

Every street lawyer in this state can tell you a horror story of a badly maimed and permanently injured client who, after medical expenses, got almost nothing.

Not long after slamming the courthouse doors, these same wise and courageous legislators passed another law that prohibits homeowners from firing upon cops who invade their homes, regardless of whether the cops have the right home or not. So when Doug Renfro hit the floor and began firing his pistol, he was violating the law, with no real defense.

What about the real criminals? Well, our legislators passed yet another law that grants criminal immunity to SWAT teams who get a bit carried away and shoot the wrong person. In the Renfro disaster, four cops fired at least thirty-eight rounds. It's not clear who actually shot Doug and his wife, and it doesn't matter. They are all immune from criminal prosecution.

I spend hours with Doug trying to explain these legal principles, none of which make sense. He wants to know why his wife's life is worth only $1 million. I explain that his state senator voted for this cap on damages—and that he also takes money from insurance lobbyists—so perhaps Doug should contact this elected official and bitch about the way he votes.

Doug asks, “Then why did we sue for $50 million when the most we can get is only $1 million?” Another question with a long answer. First, it's called making a statement. We're angry and fighting back, and suing for $50 million sounds much more aggressive than a mere $1 million. Second, a quirk in this already screwed-up law prohibits the jurors from knowing about the $1 million cap. They can sit through a month of testimony, evaluate the evidence, deliberate thoughtfully, and return a proper verdict of, say, $5 to $10 million. Then they go home, and the next day the judge quietly reduces the verdict down to the cap. The newspaper might trumpet another big verdict, but the lawyers and judges (and insurance companies) know the truth.

It makes no sense, but bear in mind this law was written by the same conspirators who insert endless gibberish into your insurance policies.

Doug asks, “But how can a cop kick in my door and shoot me with immunity, but if I return fire I'm a criminal looking at twenty years?” The simple answer is because they are cops. The complicated answer is that our lawmakers often pass laws that are not fair.

My client is still in mourning, but some of the shock and grief are beginning to subside. His thinking is getting clearer; reality is setting in. His wife is gone, murdered by men who will not be held accountable. Her life is worth only $1 million. And he, Mr. Doug Renfro, is in the midst of a criminal prosecution that will one day drag him into a courtroom where his only hope will be a hung jury.

The road to justice is filled with barriers and land mines, most of them created by men and women who claim to be seeking justice.

My little cage fighter, Tadeo Zapate, has won his last four fights, all by brutal knockouts. That's eleven in a row, with only three career losses, all on points. He's now thirty-second in the world bantamweight rankings and moving up nicely. UFC promoters are taking notice. There's talk of a fight in Vegas in six months, if he keeps winning. Oscar, his trainer, and Norberto, his manager, tell me they can't keep the kid out of the gym. He is focused, hungry, almost manic in his quest for a title fight. They work him hard and are convinced he can be a top-five contender.

Tonight he fights a tough black kid with the stage name of Crush. I've seen Crush fight twice and he doesn't worry me. He's just a brawler, a street fighter with limited training in mixed martial arts. In both fights he got knocked out late in the third round because of fatigue. He starts with a bang, cannot pace himself, and pays for it at the end.

I wake up with a bad case of butterflies, thinking of nothing but the fight, and cannot eat breakfast. I'm puttering around the apartment late in the afternoon when Judith calls my cell. There's an emergency—her college roommate has been seriously injured in an auto accident in Chicago. Judith is racing to the airport. Ava, her partner, is out of town, so it's up to me to man up and be a father. I bite my tongue and do not tell her that I have plans. It's fight night!

We meet at the park and she delivers our son, his duffel bag, and a barrage of warnings and instructions. Normally, I'd snap back and we'd argue, but Starcher seems to be in good spirits and eager to get away from her. I've never met her college roommate, so I don't inquire. She storms off, jumps in her car, and disappears. Over pizza, I ask Starcher if he's ever seen a cage fight on television. Of course not! His mothers monitor everything he reads, watches, eats, drinks, and thinks.

Last month, though, he spent the night with a friend, Tony, who has a big brother named Zack, and late that night Zack pulled out a laptop and they watched all manner of evil, including an Ultimate Fight.

I ask, “How was it?”

“Pretty cool,” he says with a grin. “You're not mad?”

“Of course not. I love those fights.”

I go on to explain how our night will go. The kid's face lights up like I've never seen. I make him swear that he will not, under any circumstances, tell his mothers about going to the fights. I explain that I have no choice; that I have to be there as part of a team; and that under normal circumstances he would not be invited. “Let me handle your mother,” I say, without much confidence, but then I realize he will be grilled mercilessly about the evening.

“Let's just say we had pizza and watched TV in my apartment, which will be the truth because we're eating pizza now and we'll turn on the television when we get to my apartment.”

For a second he looks confused, then lights up again.

Back at my apartment, he watches a cartoon while I change clothes. He likes my shiny yellow jacket with “Tadeo Zapate” emblazoned across the back, and it takes me a while to explain that I work the corner. Each fighter has a corner team to help him between rounds, and, well, I'm in charge of water and anything else that Tadeo might need. No, I'm not really that necessary, but it sure is a lot of fun.

Partner picks us up in the black van and we ride to the city auditorium. For the next two hours, Partner will do the babysitting, a new role for him. Driver, bodyguard, errand boy, investigator, confidant, strategist, and now this. He doesn't mind. I pull some strings and get them two seats on the floor, six rows back from the cage. Once they are situated with popcorn and sodas, I tell Starcher that I have to go check on my fighter. He's excited, wide-eyed, chattering away to Partner, who's already his best friend. Though I know the kid is safe, I'm still worried. Worried that his mother will find out and sue me again for neglect, corruption of a minor, and anything else she can possibly throw at me. Worried also that with this crowd anything can happen. I watch a lot of fights and have often thought that it's safer inside the ring than out in the crowd. The fans are drinking and rowdy and they want blood.

A city councilwoman in some place like Wichita tried to pass an ordinance that would prohibit anyone under the age of eighteen from being admitted to a cage fight. It failed, but there is some wisdom behind it. Since there's no such law in our city, young Starcher Whitly has a ringside seat.

Zapate versus Crush is the main event, which is fantastic, of course, right where we want to be, but it requires a long wait through the undercard. Tonight there are five warm-ups, so the evening will move painfully slowly.

I check in with Team Zapate and everyone is in good spirits. Subdued, as always, but quite confident. Tadeo is still in street clothes, lying on a table with his headphones on. His brother Miguel says he's ready. Oscar whispers that it will be a first-round knockout. I hang around for a few minutes but can't stand the tension. I leave and walk through a tunnel to a lower level where my little gang of criminals is waiting in a supply room. Slide, the convicted murderer, has been losing lately and has cut back on his wagers. Nino, the meth dealer, has, as always, a pocketful of cash and is splashing it around. Denardo, the Mafia wannabe, doesn't like any of the fights. Johnny is absent. Frankie, the old guy and our scorekeeper, is nursing a double scotch, probably not his first. We work through the undercard and place our bets. As usual, no one will bet against my man. I chide them, taunt them, curse them, but they don't budge. I offer $10,000 for a first-round knockout but get no takers. Frustrated, I leave with only $5,000 on the table, a grand for each bout on the undercard.

I pay eight bucks for a watered-down beer and climb to the nosebleed section, which is packed. A sellout, standing room only. Tadeo is becoming a big draw in his hometown, and I hammered the promoter for a guaranteed purse. Eight thousand dollars—win, lose, or draw. I lean on a steel beam above the top row and watch the first fight. I can barely see my kid in the crowd, way down there.

I lose my bets on the first four fights, win the fifth, then hustle to the dressing room. Team Zapate crowds around its hero, who also wears bright yellow. We look like a sack of organic lemons. We walk him through the tunnel and into the lights, and the crowd goes wild. I wave at Starcher and he waves back with a huge smile on his face.

Round 1. Three minutes of boredom as Crush, to our surprise, does not charge across the ring like a mad dog. Instead, he plays defense and escapes serious damage. Using a left jab that at times is hard to see, Tadeo opens a cut over Crush's right eye. Late in the round, Crush returns the favor with a nasty gash across Tadeo's forehead. Oscar manages to close it between rounds. Cuts are not that critical in cage fighting because the fights are so short. In boxing, a first-round cut is terrifying because it becomes a target for the next half hour.

Round 2. They hit the deck and grapple for the first half of the round. Crush has a strong upper body and Tadeo is unable to pin him. Boos can be heard. Back on their feet, they spar and kick with neither scoring much. Just before the bell, Tadeo lands a hard right to the jaw that would have flattened any of the last dozen or so men he's faced, but Crush stays on his feet. As Tadeo goes in for the kill, Crush manages to grab his waist and hang on until the bell. Suddenly I don't like this fight. Tadeo is clearly ahead on points, but I don't trust judges.

Perhaps it's the nature of my profession.

I like knockouts, not decisions.

Round 3. Having paced himself, Crush figures he's got some gas in the tank. He charges across the ring and surprises everyone with a wild flurry that ignites the crowd. It's certainly exciting, but not damaging. Tadeo covers well, then lands a couple of hard jabs that draw more blood. Crush charges again, and again. Tadeo, the boxer, picks his openings and shoots jabs that land beautifully. I'm screaming, the crowd is screaming, the floor seems to be shaking. Meanwhile, the clock is ticking and Crush is still out there, charging and charging, his face a bloody mess. He lands a wild right and Tadeo goes down, but only for a second. Crush leaps on top of him and they kick and claw and finally manage to untangle. Tadeo has not gone this late in a fight in a long time, and he begins to press. Crush charges again, and for the final minute they go toe-to-toe in the center of the ring, just two mad dogs beating the crap out of each other.

My heart is pounding, my stomach is rolling, and I'm just the water boy. We assure Tadeo he's won again as we wait and wait. Finally, the referee walks the fighters to the center of the ring. The announcer proclaims a split decision, with Crush winning by a point. A thunderous wave of booing and screaming rocks the auditorium. Tadeo is stunned, shocked, his mouth wide open, his swollen eyes filled with hate. The fans are throwing things at the cage and we're on the verge of a riot.

The next fifteen seconds will change Tadeo's life forever.

He suddenly whirls and throws a hard right into the left side of Crush's face. It's a sucker punch, a vicious one that Crush never saw coming. He crumples to the mat, out cold. Instantly, Tadeo attacks the referee, who's also black, and pummels him with a flurry. The ref stumbles and lands against the cage, half sitting up, and Tadeo pounces on him with a furious barrage of punches. For a few seconds, everyone is too stunned to react. They are, after all, in a cage, and it takes time to mount a rescue. By the time Norberto tackles Tadeo, the poor ref is unconscious.

The auditorium erupts as fights break out everywhere. Tadeo's fans, most of them Hispanic, and Crush's fans, most of whom are black and heavily outnumbered, attack each other like gangs in the street. Cups of beer and cartons of popcorn rain down like confetti. A security guard nearby gets hit over the head with a folding chair. It's total chaos and no one is safe. I forget about the carnage inside the cage and sprint for my son. He's not in his seat, but through the melee I see the hulking figure of Partner as they make their escape. I go after them, and within seconds we are safe. As we duck out of the auditorium, we pass panicked police running toward the action. In the van, I clutch Starcher in the front seat as Partner takes the side streets. I say, “Are you okay, bud?”

He says, “Let's do it again.”

Minutes later, we enter my apartment and take a deep breath. I get drinks—beers for Partner and me and a soda for Starcher—and we turn on the local news. The story is still unfolding and the reporters are frantic. The kid is excited and talks enough to let me know he's not traumatized. I try in vain to explain what happened.

Partner sleeps on the sofa. I wake him at 4:00 a.m. to talk strategy. He leaves for the city jail, to try and find Tadeo, and for the hospital, to dig for information about the referee. I can't shake the image of Tadeo pounding the guy's face. He was knocked cold from the first punch and there were dozens afterward, all delivered by a man completely out of his mind. I try not to think about what's next for my fighter.

I grind beans, and while the coffee is brewing I go online to check the news. Fortunately, no one has died yet, but at least twenty people are in the hospital. Rescue personnel are still on the scene. And the blame is being heaped upon one Tadeo Zapate, age twenty-two, an up-and-coming cage fighter who's now locked away in the city jail.

Judith calls at 6:30 to check on her son. She's hours away and knows nothing about the riot we survived. I ask about her college roommate. She is surviving but things look bad. Judith will be home tomorrow, Sunday, and I assure her the kid will be just fine. All is well.

With some luck, she'll never know.

Luck, though, is not going my way. A few minutes after our brief chat, I check the
Chronicle
online. The late edition managed to catch the breaking story down at the old auditorium, and on the front page is a rather large color photo of two people racing toward an exit. One is Partner, and he's holding a kid. Starcher seems to be staring at the photographer, as if posing for the shot. Their names are not given; there was no time to ask. But to those who know him, his identity is indisputable.

How long before one of Judith's friends sees the photo and gives her a call? How long before she opens her laptop and sees for herself? While I wait, I turn on the television and go to
SportsCenter
. The story is irresistible because it's all right there, on video, blow by blow by blow. I get sick watching it again and again.

Partner calls from the hospital with the news that the referee, a guy named Sean King, is still in surgery. It's no surprise that Partner is not the only person sniffing around the corridors waiting for any bit of news. He's heard of “massive head wounds,” but has no details. He's already been to the jail, where a contact confirmed that Mr. Zapate is safely locked away and not receiving visitors.

At 8:00 a.m., our blundering chief of police decides the world should hear from him. He arranges a press conference, one of those little muscle pageants in which a thick wall of uniformed white men line up behind the chief and scowl at the reporters while acting as though they really don't want to be seen. For thirty minutes the chief talks and answers questions and reveals not a single fact that wasn't posted online two hours earlier. He's obviously enjoying the moment because nothing can be blamed on him or his men. Just as I'm getting bored, Judith calls.

The conversation is predictable—tense, bitchy, and accusatory. She's seen the front-page photo of her son escaping the melee and she wants answers, and now, dammit. I assure her our son is sleeping soundly and probably dreaming of a fine day with his father. She says she's catching an early flight and will be in the City by 5:00 p.m., which is the precise moment I'm supposed to meet her in the park and hand him over. She'll file papers first thing Monday morning to terminate all visitation rights. File away, I say, because it won't work. No judge in town will totally exclude me from seeing my son once a month. And, who knows, maybe the judge we draw is a fan of cage fighting. She curses and I curse back and we finally get off the phone.