Brash Endeavor, page 25
By the time I got home I had decided not to tell Rebekah anything yet as I wasn't sure about Gena, nor had I given up on finding the $13,000 needed for her defense. One nice thing about practicing law you never knew when someone might drop in and dump a nice retainer on you. When I arrived home Rebekah met me at the door obviously very excited about something.
"What's going on Babe?" I said.
"You won't believe it but we got a call on your advertisement about Bird's accident. A guy called and said he drove by the accident almost immediately after it happened. Mom is on her way over to watch the kids. We're meeting this guy at the Denny's in Richardson at 7:30."
"Oh that's great, Babe. I hope he saw something that will help."
Several minutes later Mom arrived and we left for Denny's. When we arrived the man wasn't there yet so we got a booth and waited. "So how was your day, Babe," I asked.
"Pretty good, Stanley came home with a smiley face today. He was the best citizen in his class."
"I bet he was proud of himself."
"He certainly was. Marcia was fussy all day. She wouldn't eat anything and she refused to sleep. I think she must be teething."
"Hmm."
As we were talking a short, stout, bald headed man walked in the restaurant. He talked to the waitress and she pointed toward us. The man walked over. "Hello, are you the Turners?"
"Yes," Rebekah said.
"Hi, I'm Paul Singleton . . . I called about your ad."
"Please have a seat," I said.
Mr. Singleton sat down in the booth across from Rebekah and I and smiled.
"Rebekah tells me you saw the accident on Central Expressway the other night," I said.
"Yes, I got there just after it had happened."
"So what exactly did you see?"
"Well, as I approached the two cars, the man driving the rear car got out. He was a little shaken but seemed all right," Singleton said. "It was a few minutes before the other man got out of his car."
"That would have been Bird," I said.
"Is that his name?" Singleton asked.
"Right."
"I parked on the side of the road and observed what was going on just in case I would be needed as a witness. I remember the man driving the rear car was very upset and wanted to know why Bird suddenly stopped. I overheard Bird claim a dog ran in front of him."
"Did you see any dog?"
"No, but he could have run off by the time I got there."
"How did Bird react to the accident?" I said.
"He attended to his wife as you would expect until the paramedics showed up but he didn't cry or anything. He was really nervous though and had trouble talking coherently to the paramedics and police when they arrived."
"I suppose he could have been in shock over the accident," I said.
"Was Sheila Logan unconscious after the accident?" Rebekah asked.
"I think so, I never saw her move or say anything."
"Well, did you see anything else that might be significant?"
"No . . . well just something kind of curious," Mr. Singleton said.
"What?"
"Bird was real concerned about his wife's purse. He made the driver of the ambulance wait while he went back to get it. They told him to forget it but he insisted his wife had to have it."
"Maybe she was carrying a lot of money or something," I said.
"I don't know but it was kind of weird," Mr. Singleton said.
"Well, thanks for your help. Rebekah's got your address and telephone number, so we'll call you if we need you at the time of trial," I said, and then pulled an envelope out of my pocket. "Here is the reward we mentioned in the ad. It's a hundred dollars."
"Thank you, I appreciate this very much."
Rebekah's spirits had been greatly lifted by the meeting with Mr. Singleton. For the first time since her arrest she seemed to have thrown off the shackles of depression and was her old, cheerful self again. When we got home she joked and played with the children just like old times. As much as I loved seeing her this way I couldn't feel any joy as the weight of eminent financial disaster loomed heavy on my mind. After the kids went to bed Rebekah laid down beside me on the sofa. I put my arm around her and stroked her long black hair.
"I feel much better doing something to prove I'm innocent," Rebekah said, "Just sitting around and waiting for something to happen is hard. You have too much time to think and worry."
"I know what you mean. When things get bad at work the only way I can get that sick feeling out of my stomach is to start working on solving the problem one way or another," I replied.
"What can I do to help Ken prove me innocent?"
"Well you could probably go over all the evidence as it's gathered and help him from a medical standpoint. He probably could use some technical assistance since I doubt if he has had any medical training. I'll suggest it to him the next time we meet."
"Good, I just don't want to sit around here all day and worry."
"I know. I'll tell the kids to keep you real busy from now on so you won't have time to think. How about that?"
"You don't need to give them any special instructions on that."
By Friday I hadn't heard from Gena and I was beginning to get panicky. It was less than three weeks to her trial and I had no idea where she was. I decided to call her mother and see if she had heard from her. I called at 8:00 a.m. hoping to catch her at home.
"Have you heard from Gena lately?" I asked.
"No, after she got out she called to thank me for putting up the bond money but that's the last I’ve heard from her. . . . Is everything okay?" Mrs. Lombardi asked.
"Yes, everything is fine, but if you hear from Gena have her call me, okay. I need to get with her to work on her case."
"Okay, I will."
"Oh . . . one other thing. I've hired a company to try to find your husband."
"What on earth for?"
"I don't know, I just have a feeling we need to find him. Has anyone called you looking for him?"
"No, not that I know of."
"Well, I expect to hear from them any day now so when I do I'll let you know what I find out."
"Okay, bye."
"Bye."
For several minutes I starred out my window at the busy street below contemplating my next move in trying to locate Gena. A thunderstorm was rolling in from the West and I could see lightning flashing in the distance. The telephone began to ring, but as loud as it was, it couldn't penetrate the depth of my concentration. Rebekah had often complained of this as she would often try unsuccessfully to engage me in conversation when my mind was in this state. Such an attempt was always futile and she got very aggravated when I failed to respond to her.
"Aren't you going to answer that phone?" General Burton yelled from his office.
"Oh yes, I'm sorry," I said as I picked up the telephone.
"This is Joe over at International Tracers, we've found your man."
"You did, that's great," I said. "Where is he?"
"Mt. Olivet Cemetery in Seattle, Washington," he said.
"He's dead then?"
"Well, he doesn't run the place."
"Okay, thank you. Can you get me a death certificate?"
"Sure, but it'll be another eight bucks."
"No, problem, just add it to my bill."
After I hung up the phone I rushed into General Burton's office. "I didn't even hear you come in?" I said.
"You were off in never-never land so I didn't want to interrupt you."
"I'm sorry. I get that way whenever I've got big problems," I said.
"Things aren't going so well?" the General asked.
"Well, they weren't, but I just got a break."
I told him about Gena's father and the life insurance.
"That's uncanny, Stan."
"I know. Anyway, now my client's mother can collect her insurance money and I can get paid."
"That always helps. How much does she owe you?"
"Fifteen hundred for the bankruptcy I did and then whatever we agree upon for the criminal matter. I should get at least half of what I need for Rebekah's defense."
"It has been a good day then," the General said.
"Now, if I could only find my client," I replied.
"You lost your client?"
"Well, temporarily. I'm sure she'll show up. She better anyway otherwise I'm going to have to make good on her bond."
"You're on her bond?"
"Yeah, I'm afraid so."
"How much."
"Twenty-five thousand."
"Oh no, Stan. Why did you do that?"
"I felt sorry for her, I guess, sitting there all locked up in the county jail."
"I don't know Stan, you may be too soft to be a lawyer. I am not sure you're going to make it," the General observed.
"What do you mean? I've already made it and nothing can keep me from being successful. I may never be rich, but I'll be a damn good attorney."
As I was talking to General Burton the phone rang again. I excused myself, went back to my desk, and picked up the phone. It was Debbie at the bank.
"I just wanted to tell you that a wire transfer just came through. The money is in your account."
"Oh, thank God! Hallelujah! Thanks so much for calling. You made my day!"
She laughed. "No problem."
I went immediately to the bank and had two cashier's checks made out to Worldwide Savings and Loan for the payments and had them delivered over to Mark Pointer immediately. Then I called Rebekah and the investors and gave them the wonderful news. I felt better than I had for some time, so I went home to share my joy and relief with Rebekah.
28
DEATH CLAIM
On the following Monday morning I received a registered mail notice. Wondering who would be sending me registered mail, I drove immediately to the Post Office. As I walked inside a strange feeling of deja vu struck me. I had seen this place before in my dream. I went up to the counter and rang the bell. A man in a grey uniform came over and took my green receipt. He walked off and then returned with an envelope. "Okay, here you go. I'll need you to sign this receipt please."
"Sure," I said as I took the envelope from his hand and jotted my signature on the dotted line.
As I was leaving the building I opened the letter and pulled out it's content. It was entitled, "CERTIFICATE OF DEATH." Upon closer inspection it was the death certificate of Michael Roman Lombardi.
I returned to the office and called Mrs. Lombardi. I explained to her what I had done and that now she could claim the hundred thousand dollar face amount of the insurance policy, less the loan she took out on it, of course. She was shocked to hear of her husband's death but seemed relieved to finally have found him. She agreed to file a claim immediately and send me $6,500 for my legal services on behalf of Gena just as quick as she got the money. Death claims usually are processed pretty fast, so I figured within a week or ten days I'd get the money.
When I returned to the office there was a message that Tony had called. I wondered momentarily why he would be calling me, but then I remembered the bankruptcy suit I had filed. I picked up the phone and returned his call.
"Mr. Turner, what is this lawsuit you filed against me?"
"It's a preference suit, under the Bankruptcy Code if a creditor gets paid within ninety days of filing bankruptcy he has to give the money back otherwise it would be unfair to the other creditors," I replied.
"I've never heard of that before," Tony said.
"Well, whether you heard of it or not it's the law."
"But she owed me that money."
"I know, but it doesn't matter. You've got to give it back. If you don't do it voluntarily then the Court will make you give it back plus Court Costs and attorney fees."
"Damn it! I can't believe this."
"If you give it back right now, I'll waive attorney's fees and court costs."
Tony was silent for several seconds, then he said, "What if I refuse to give it back?"
"Well, once the Court grants me judgment I'll send over a U.S. Marshall to collect the money. If you refuse to pay it he'll start taking your property and selling it."
"You son of a bitch!"
"Hey, I didn't make the laws. Write your congressman."
"This stinks."
"It hasn't been fun for Gena either. So, what's it gonna be?"
"Okay, okay. What the hell. Should I bring you a check?"
"That would be fine or I could meet you at your bank."
"Okay, I'll meet you at Republic National Bank in downtown Dallas at one thirty today," Tony said.
"Fine, I'll be there."
When I hung up the phone my adrenalin was pumping furiously. My strategy was working perfectly. If I could get the money from Tony, then I might be able to call the DA and get him to drop the charges immediately. Then it wouldn't matter if I ever found Gena as the bond would be released when the charges were dropped.
I picked up the phone and called Syd Brim. The receptionist gave me the usual run-around about Mr. Brim being in conference, so I told her it was an emergency. She wasn't impressed.
"What sort of an emergency?" she said.
"Listen, if you don't get him on the phone right now I'm coming over there and kick the damn door down. I've got to talk to him immediately and it's none of your damn business why!"
"You don't need to get hostile. I'll see if I can find him."
"Hello, who is this?"
"Stan Turner."
"Who?"
"Remember your co-counsel on the Lombardi case."
"What case?"
"Gena Lombardi, do you remember her?"
"Not actually, but what do you want."
"Would you mind if I talked to the DA? I think I can get him to drop the charges."
"Oh really, sure I don't care. What ya got?"
"Restitution and lots of evidence that she didn't intend to defraud anybody," I said.
"Go ahead, what do we have to lose," Syd replied evenly.
"Good, thanks. I'll let you know what happens."
"Great, catch you later."
Feeling like I was on a roll I called the DA's office. I didn't know who had been assigned to the case, so I asked the receptionist to research who was handling the Gena Lombardi case. After waiting on the phone about five minutes she came back on and advised me Miss Jean Sommers was prosecuting the case and that she would connect me.
"Yes."
"We've never spoken before, but I'm co-counsel on the Gena Lombardi case."
"Oh really, I wasn't aware we had any co-counsel."
"Well, I took the case as a favor, I haven't been paid anything. Miss Lombardi talked me into being co-counsel."
"Okay, so what can I do for you?"
"Drop your case against Gena Lombardi."
"Pardon me?"
"Well, let me put it this way. What would it take for you to drop your case against Gena Lombardi," I replied.
"I don't know what you're driving at."
"Well, if I could provide immediate restitution of all monies lost and show you that you couldn't possibly win the case at trial, would you drop the case?"
"Maybe, but let's not talk fantasy. We know Gena Lombardi doesn't have any money for restitution and I've got several witnesses all ready to testify that she received their money in the mail but failed to deliver the merchandise. The statute even contains a presumption of intent to defraud in these circumstances."
"That's true, but it's a rebuttable presumption and I'm going to prove that Gena reasonably believed that she could deliver the merchandise when she took that money from your witnesses. I am going to show how her boyfriend, Tony, took the money without her knowledge or consent and that is why the goods were not delivered."
