Depraved Indifference. Joseph Teller

the subpoena after all,” he said. “Soon as they saw it, they decided to make things easy.”

      Vintage Jimmy Chipmunk. Jaywalker had no real idea how he’d gotten the stuff, whether it had been through force, threats, bribery, extortion or what. Then again, he didn’t care. He’d done his part legally, by filling out the subpoenas. How Jimmy served them, or if he served them at all, was strictly Jimmy’s business.

      He peeked into the envelope. Inside were maybe twenty or thirty sheets of paper, some loose, some stapled or paper-clipped together. Just by thumbing the edges of them, Jaywalker could see that they were police reports, diagrams of the crash scene, photocopies of photographs, and other documents relating to Carter Drake’s case.

      “You’re the best,” he said.

      “Nuthin to it,” said Jimmy Chipmunk.

      

      Back in his apartment, Jaywalker spent a couple of hours reviewing the documents, organizing them into subject headings and making handwritten notes. But he was no more than five minutes into the process when it became readily apparent to him that District Attorney Abraham Firestone had done his homework.

      First, he’d had his investigators thoroughly go over the crash sight. They’d been able to backtrack the path of the van, beginning at the end, where it had come to rest and ended up in flames. As it had gone over the embankment, it had not only torn up the grass, but it had uprooted shrubs and even left marks on rocks and trees that it had bounced off of after leaving the highway. But perhaps most telling were the skid marks the van’s tires had left on the pavement.

      Skid marks, Jaywalker knew, could tell a story all by themselves. They were created by a driver hitting the brakes hard enough to lock up the vehicle’s wheels on a dry, or relatively dry, surface. From the rubber left on that surface, a trained observer could tell exactly where the vehicle had been when the wheels first locked, in what direction it had been heading and how it continued once the brakes were applied. Furthermore, from measuring the length of the marks and adjusting for the coefficient of friction—a fancy way of describing the stickiness of the road surface at the time—it was possible to compute the speed the vehicle had been traveling.

      And the results were telling.

      The van had been right where it was supposed to be when its brakes locked up, squarely in its northbound lane and a good two feet from the double yellow center line. Its brakes had engaged and begun to slow it without any noticeable “fishtailing” or “drift” to either the left or right. Then there’d come a point where, still standing on his brakes, the van’s driver had steered to his right, no doubt attempting to evade the southbound vehicle in his lane. Only when he’d left the pavement altogether and was on the narrow cinder shoulder of the road had the driver tried to correct back to the left. But it had been too late. A twelve-foot stretch with a complete absence of skid marks or tracks of any sort indicated that the van had taken off at that point, literally becoming airborne, before touching down again on the downslope of the embankment. The rest, as they say, was history.

      The posted speed limit on that stretch of highway was fifty miles per hour. Allowing for a margin of error of 5 mph either way, Firestone’s investigators had been able to conclude that at the time the driver hit the brakes and locked up the wheels, the van had been moving at approximately forty-seven miles an hour.

      As for the oncoming vehicle, there was no way to estimate its speed because it had left no skid marks at all. Which meant that its driver had never tried to stop—either before, during or after the incident.

      What Firestone had done next was to have his investigators—and he’d assigned at least four of them to the task, on a full-time basis—go even further back in time, in an attempt to track Carter Drake’s movements over the twelve hours that had preceded the crash. What they’d done was to interview witnesses, people who’d been with Drake the previous afternoon and evening. And although the names of those people had been blacked out in the copies of the documents Jimmy Chipmunk had dug up, a number of tantalizing clues emerged from the interview reports. There was, for example the “Sports Bar.” And there were “Bartender A” and “Bartender B,” along with the occasional un-redacted pronoun revealing that one was male and the other female. And there were “Customers 1, 2, 3, 4 and 5.” Finally, there was a word that kept popping up in the investigators’ conversations with those bartenders and customers, a single pesky word that Jaywalker lost count of after the tenth repetition or so.

      And that word was tequila.

      Since Carter Drake hadn’t bothered to stop and stick around after running the van off the road, it followed that he’d gone home, or at least someplace else. He hadn’t turned himself in for another fourteen hours, no doubt figuring that any alcohol he’d consumed the night before would no longer be detectable in his system. And he’d been right about that. What he hadn’t counted on was that the authorities could nevertheless show that he’d been drunk, by proving it circumstantially. In other words, if the prosecution could reconstruct the previous evening and put, say, ten drinks into Drake, they wouldn’t need a blood test or a Breathalyzer; they could prove his intoxication through a combination of eyewitness accounts and expert testimony. It was an unusual way of doing it, but a creative one. And as far as Jaywalker was concerned, there was nothing legally objectionable about it.

      Which meant he had some interviewing of his own to do.

      

      That evening, Jaywalker got a call from Judah Mermel-stein. Drake had called him from jail, he said.

      “He told me he’s finished writing out some statement you asked him to do.”

      “Good,” said Jaywalker.

      “What kind of statement?” Mermelstein asked.

      “Facts,” said Jaywalker. “I want his account of everything he can remember, starting twenty-four hours before the accident and continuing all the way up to his arraignment.”

      “Aren’t you afraid it’ll get read on the way out?”

      “Of course I am,” Jaywalker admitted. “But I was also afraid to talk on their phones. I’m not exactly covered by lawyer-client privilege. And even if I was, I wouldn’t trust law-enforcement types to play by the rules.”

       “Really?”

      Over the phone, it was hard to tell if Mermelstein was truly shocked or was putting Jaywalker on.

      “Really,” said Jaywalker, deciding to play it safely down the middle. “I used to be one of them, in a previous life.”

      “How about I go in and visit Drake tomorrow?” Mermelstein suggested. “It’s a schlep for you, but it’s right around the corner from here. And it’ll probably be easier for me to get the papers from him. You’d probably have to sign your life away, wait two weeks for approval, and submit to a body-cavity search.”

      “Good idea,” said Jaywalker.

      “The body-cavity search?”

      “I think I’ll take a pass on that, thanks.” But the exchange brought a smile to Jaywalker’s face. Not only was Mermelstein offering to save him time and aggravation, but he’d demonstrated that he understood how dysfunctional bureaucracies operated, or failed to operate. And that he possessed a sense of humor, without which a lawyer was definitely in the wrong business.

      Or was Mermelstein’s offer his way of saying he wanted to see Carter Drake’s statement for himself? Perhaps Jaywalker’s little homework assignment for Drake had somehow ruffled Mermelstein’s feathers. Then again, he was Drake’s lawyer, at least for the next seven or eight months or so, which made the statement every bit as much his business as it was Jaywalker’s. No doubt Jaywalker was being paranoid in attributing an ulterior motive to Mer-melstein. But he couldn’t help it; paranoia was one of the occupational hazards of being a criminal defense lawyer. Sooner or later you learned to suspect absolutely everyone and everything. Giving fellow human beings the benefit of the doubt