The Lawyer's Lawyer

CHAPTER Forty-Nine



Sam Jeffries had one major obstacle left in his quest to try and make Jack Tobin pay for the murder of his daughter, Kathleen. He had to convince the new state attorney, Robert Merton, to prosecute Tobin for the murder of Thomas Felton.

Merton had made his reputation as an aggressive prosecutor but as the state attorney, he’d been rather conservative. He had made the decision not to prosecute Thomas Felton for the attempted murder of Stacey Kincaid, a decision that ultimately resulted in the murder of Kathleen Jeffries. Consequently, there was no love lost between him and Sam. Still, Sam needed Merton’s help to prosecute Jack, and that was the most important thing right now. In his crazy mind, he needed the attorney who had made the decision to set Felton free, to prosecute the attorney who had started the process to set Felton free. It was nuts, and it made for strange bedfellows but Sam didn’t care. He just wanted his revenge.

The two men met in Merton’s corner office, the one he’d been occupying for just a short period of time. Sam quickly went over the evidence he had concocted against Jack. Merton had many of the same questions Danni did. Sam answered them all. His conversation with Danni had prepared him well.

“This is insanity, Sam,” Merton said finally. “You want me to prosecute one of the most famous lawyers in Florida, maybe the whole United States.”

“That’s right.”

“This guy probably doesn’t have a speeding ticket on his record.”

“So?”

“So I’m not going to commit political suicide here. If you recall, I’m the guy who wouldn’t prosecute Felton on that attempted murder charge.”

“Yeah. How did that work for you? You think you’ve got a shot at dogcatcher next election?”

“At least I can explain that decision and leave myself a chance. I prosecute Tobin and lose, I may as well leave the state.”

“Let me give you a different perspective,” Sam said. “Let’s say the people in this county want Tobin prosecuted. Let’s say they’re angry at him for getting Felton off and for giving Felton the opportunity to kill my daughter. And let’s say, as Kathleen’s father, I’m grateful to you for at least taking the shot. Don’t you think with my support, win or lose, you have a better chance at re-election by prosecuting this case? You took action. You didn’t sit on your ass and let Tobin walk away when I presented you with these facts. People are going to appreciate that, Bob. It will make up for your past inaction.”

Sam watched as Merton took in his words. He could see they’d had the desired effect by the look on Merton’s face. He looked surprised. He hadn’t thought of the situation in that light. But he still wasn’t ready to take the big bite from the apple.

“Tobin will move for a change of venue. It won’t even be tried here. People won’t give a shit.”

A change of venue was a request to move the trial somewhere else on the premise that the defendant would not get a fair trial in the jurisdiction where the criminal act had occurred. Evidence had to be presented for the court to grant a motion to change venue. Sam had anticipated this argument as well and he had an answer.

“What would be the basis for a motion for change of venue—that people here are angry at Tobin for getting Felton released, therefore he can’t get a fair trial? You’ve got a great counter-argument. Think about it: The people here all know or at least believe that Felton was a serial killer. The fact that, in the eyes of the law, Felton was an innocent man at the time of his death is not going to make a difference here. Everybody here is going to know that Tobin is being prosecuted for ridding this county of a serial killer. That should even out any sentiment against Tobin and give you a pretty compelling response to any motion Tobin or his lawyer can file.

“They need evidence as well and they’re not going to get it. I know Art Grumman, the editor of the Oakville Sun, real well. I’ve gotten his kids out of a few scrapes. He owes me. I’ll make sure there are no editorials about Tobin’s guilt, and I’ll get the rabble-rousers under control, too. There will be no demonstrations or any of that crap. Tobin will be tried here in Apache County, I promise you. And if you try the case and seek the death penalty, win or lose, you will be re-elected to office. Hell, with the publicity from this case, you may become attorney general or governor.”

It was a compelling argument by a man committed to his cause. All of Merton’s fears about what would happen if he tried to prosecute Jack were replaced by new fears about what would certainly happen if he didn’t.

“Okay,” he said to Sam. “I’ll take this case to the grand jury and let them decide. But I want your commitment that you will support me for re-election.”

“You’ve got it but only on the condition that you try this case yourself.”

“Done.”