Chapter 13

When Jarrod and Nick reached the police station and talked to Sgt. Emerson, the man named LeBeau hadn't yet arrived from San Francisco. Jarrod filled Sgt. Emerson in on his meeting with the Board of Conduct and made out the complaint against Sidney Case. Nick declined to file a complaint against him, "For the time being," Nick said. "If he cooperates, I'll skip the complaint. If he doesn't, I'll file one."

"Are you staying in town or heading back to Stockton today?" Sgt. Emerson said.

"We'll stay until you talk to LeBeau," Jarrod said. "Though I suspect you don't want us here when you do."

"I'm expecting LeBeau on the noon train from San Francisco," the sergeant said. "Come back at about four o'clock and I'll bring you up to date."

Jarrod and Nick headed back to the hotel dining room for lunch. Nick was a little concerned because Jarrod was very quiet. Those blue eyes were darkened, and when the food came, Jarrod picked at it more than he ate it.

"You're still worried about the Board of Conduct," Nick said quietly.

"Not exactly," Jarrod said.

"Then what exactly?"

Jarrod sighed. "You know how you felt like you were being watched? I feel like something is going on behind our backs."

"Why?"

Jarrod squinted at something, something in the air that Nick didn't see. "Because we haven't seen Dysart or his muscle men all day. Because you didn't catch them watching you. I just wonder – if we haven't seen Dysart, what's he been up to?"

"Eat your lunch," Nick said. "You think better when you eat."

Jarrod took a few bites, but his eyes were still fixed on that something in the air, still squinting. Nick tried not to give it any more thought, but now Jarrod had him wondering too. Where was Dysart? Why was he completely out of sight? Nick knew Jarrod had better instincts for this sort of thing than he had. Was Big Brother onto something?

They took a long time with lunch, then went up the street to the Palace where Nick had found a poker game the day before. Nick sat down to play some cards, but Jarrod stayed at the bar, nursing one shot of whiskey and then another. Nick kept an eye on him, too much. He didn't play the best hands of cards he'd ever played.

The hours crept by until four o'clock finally arrived. "Come on," Jarrod said, and he and Nick left for the police station.

Sgt. Emerson made them wait, which made Jarrod even more suspicious. "Maybe he's just still questioning that LeBeau guy, or Sidney," Nick said.

"Maybe," Jarrod said, but Nick could tell he didn't really mean it.

It was going on five when Nick got up to pace, his back getting to him again. Jarrod stayed seated, still thinking – and he almost missed seeing someone he knew coming out from the interview rooms area and heading straight out the door. The man didn't even look Jarrod's way, but Jarrod's eyes followed him.

And Nick noticed.

Nick sat down behind his older brother again. "Who was that?"

"Henry Oglethorpe," Jarrod said. "One of the best defense attorneys in Sacramento."

"But somebody you don't like," Nick said, noticing the darkening in Jarrod's eyes again.

"Somebody who might be doing something behind my back," Jarrod said.

Sgt. Emerson came out from the interview rooms area. "Sorry to keep you waiting, Jarrod. Why don't you two come back to my office?"

To Jarrod, Emerson didn't look very comfortable. He didn't look upset. He didn't look happy either. Just uncomfortable. Jarrod and Nick got up and followed him back to his office, where he let them in and closed the door.

"Sit down," Sgt. Emerson said.

Jarrod sat, but Nick said, "If it's all right with you, I'll stand. My back is bothering me."

"So is mine," Jarrod said. "I've been getting the feeling that something has been going on behind it. I saw Henry Oglethorpe go out."

Sgt. Emerson sat down behind his desk and nodded. "He saw both Sidney Case and Cal LeBeau. He was here almost the minute they brought LeBeau in, and he said right away, in front of LeBeau, that he'd been retained to represent him. I had to give them time together, and when Oglethorpe came out, he said LeBeau wouldn't make any statement at all except that he'd plead guilty for trying to break into your office in San Francisco. Beyond that, LeBeau had nothing to say and Oglethorpe wouldn't allow him to be questioned without him present – but it didn't matter, because LeBeau would say nothing except resort to his rights under the Fifth Amendment. He didn't say one word more."

Jarrod sighed, watching the other shoe falling to the floor.

"How can he get away with that?" Nick asked. "I thought the Fifth Amendment meant you didn't have to incriminate yourself. How can you plead guilty and then claim you won't incriminate yourself? Can't you make him incriminate other people?"

"He's within his rights not to say more, even if the pleads guilty," Sgt. Emerson said. "I couldn't break him."

"If you plead guilty to one thing, you still can't be led into incriminating yourself on something else," Jarrod said. "What about Sidney Case?"

"Well, guess what?" Sgt. Emerson said.

Jarrod broke in before the sergeant could say anything more. "Oglethorpe saw him too and he's clammed up as well."

"Oglethorpe has him pleading guilty to stealing your files and assaulting you and your brother here," Sgt. Emerson said.

"And I'll bet he didn't identify LeBeau as the man he gave the files to," Jarrod said.

"That's right," Sgt. Emerson said. "And as with LeBeau, Oglethorpe won't allow questioning without him being present and Sidney was standing by his rights under the Fifth Amendment too."

Jarrod suddenly pounded the sergeant's desk and stood straight up. "Damn it, Jason, the fix is in!"

"And it's in good and solid," the sergeant said, not standing up. "I tried questioning both LeBeau and Case with Oglethorpe there, and neither one of them would say a thing. Oglethorpe is gonna plead Sidney guilty on Monday morning and take the maximum penalty if that's what the state wants. Oglethorpe wants LeBeau sent back to San Francisco, and since the marshal who brought him here is still here, they're both leaving on the eight o'clock train tonight."

"Dysart is behind this," Jarrod said. "He's behind every bit of it!"

"I think you're right," Sgt. Emerson said, "but with both LeBeau and Case pleading guilty and taking the Fifth otherwise, there's not a damned thing I can do about it. I'm sorry, Jarrod."

"You can question Dysart!" Nick demanded.

Sgt. Emerson shook his head. "I have absolutely no cause to bring him in. I've got nothing at all on him."

"There's got to be a money trail," Jarrod said. "I'll bet anything Dysart paid them off and is paying for Oglethorpe."

"He may very well be," Sgt. Emerson said, "but you know if he is, he's got two or three layers of go-betweens working for him. Sorting it all out is gonna be next to impossible. I sure don't have the manpower to do it."

Jarrod growled and turned away from the desk, saying, "And my files are still gone."

"If I were a betting man, I'd say your files are definitely gone," Sgt. Emerson said. "If Dysart had them, they're the only things he could get caught with that would incriminate him. He's destroyed them by now."

Jarrod and Nick glared at each other now, angry and exasperated.

Sgt. Emerson said, "Jarrod, if I were you and your brother, I'd get out of Sacramento and go back to Stockton before you find yourselves getting into trouble here. And if you happen to chance upon Dysart, I'd turn around and walk the other way. The mood you're in now is gonna get you in one of my cells, if you don't get out of town."

Jarrod and Nick both knew he was right, but they were both burning up.

Sgt. Emerson said, "I'm sorry it turned out this way, but I guarantee you this. If something turns up that gives me reason to go for Dysart – whether it's about your case or anybody else's – I'll get him in here. And I'll keep you informed."

Jarrod finally sighed and slumped, knowing that was the best he was going to get out of this – and silently hoping the fix didn't go somewhere else too and this all wasn't a prelude to him being disbarred.

"All right," Jarrod said. "I'll keep you informed too, if something else happens down in Stockton. Come on, Nick. Let's check out and head home on the next train."

"Jarrod – " Nick started to protest.

"Nick, what we need to do now – what I need to do now – is cool off. Let's go home. Thanks, Jason."

Jarrod went right out of the room, and Nick reluctantly followed him. As soon as they were out on the street, Nick said, "Jarrod – "

And Jarrod cut him off again. "We can't do anything here now, Nick. Jason is right. Oglethorpe and LeBeau and Case have us locked in. We can only be glad they're gonna do some time."

"What are you gonna say to the Board of Conduct about this?"

"I'll write to them once we get home, but I bet they already know what's going on, and I'll bet anything Dysart's already talked to his man Rickards and I won't be disbarred."

"You sure about that?"

"No, but if that's not what happens, I'll drink Brady Creek. I'll probably find out for sure next week, and in the meantime I'm not suspended. I'll go about my business as usual."

"What if they disbar you?"

"They won't, because they know I'll fight it, and every man on that Board knows it, even Rickards. Dysart is pulling back to live to fight another day. Well, I will too. Come on. Let's go pack and go home."

They headed straight for the hotel – and stopped short when they saw Dysart's two muscle men standing beside the front door. No Dysart, just his muscle. Nick was in a full glare mood, and Jarrod's blue eyes were flashing too. They didn't go the other way as Sgt. Emerson had recommended. They headed straight for the muscle men.

And the muscle men just stepped aside. Jarrod and Nick continued to glare. The men stared back, not exactly glaring, but not very friendly either. Jarrod walked right by them and into the hotel. Nick resisted the urge to push his way by as he followed Jarrod. The muscle men did not follow them in.

"If I could – " Nick murmured as he and Jarrod went up the stairs to their room.

"Yeah, I know you would, and so would I," Jarrod said. "But that was just a power message. Let's stick with the plan. Live to fight another day."

"When my back is all healed up, I hope," Nick said. "Because I'm looking forward to that day."