41

That morning Stone headed for the district attorney’s office in a cab, but they were stopped dead by a huge traffic jam going downtown. Stone called Bob Cantor’s cell number.

“Cantor.”

“Bob, it’s Stone. Have you got Herbie?”

“Yep, we’re sitting in the D.A.’s waiting room.”

“I’m stuck in a huge traffic jam. Just know that I’ll be there at the earliest possible moment.”

“Do the best you can.”

“And you hang on to Herbie.”

“Don’t worry about that.”

Stone sweated his way through the jam and arrived at the D.A.’s office twenty minutes late. Cantor and Herbie were not in the waiting room.

“They’re in with Dierdre Monahan,” the receptionist said. “You can go in.”

The idea of Herbie in Dierdre’s office without an attorney to keep him quiet horrified Stone, and he practically ran down the hallway toward Dierdre’s office.

Dierdre and Cantor seemed to be having a nice conversation without any participation by Herbie. “Good afternoon, Stone,” she said pointedly.

“I’m sorry, Dierdre,” he said, shaking her hand. “I’ve been stuck in a traffic jam for half an hour.”

“Of course you have,” she said, pointing at a chair.

“Didn’t you tell her, Bob?”

“Of course I did.”

“Dierdre, I hope you haven’t been talking to my client without his attorney present.”

“I haven’t said a word to him,” she said innocently.

“That’s right, she hasn’t,” Cantor confirmed.

“Now, Stone, what do you propose we do about this charge of first-degree murder?”

“Now, wait a minute…” Herbie began to say.

“Shut up, Herbie,” Stone said, “and don’t open your mouth again until I tell you to.” He turned to the A.D.A. “Now, Dierdre, as I explained on the phone, these two goons have been after Herbie for a couple of weeks, seeking payment of illegal gambling debts. They’ve beaten him on the street, kidnapped him and held him under the threat of death. Obviously, they found him at home in his own apartment, and Herbie had to defend himself. Anyone would have done the same in the circumstances. I want the charges dropped immediately and my client released.”

“I didn’t kill anybody,” Herbie said.

Stone rounded on him. “Herbie, don’t open your mouth…” Stone stared at him dumbly. “What did you say?”

“I said, ‘I didn’t kill anybody.’”

Stone was flabbergasted. He had been at the point of having the charges dismissed, and suddenly Herbie was off on some other tangent.

“I want to hear this,” Dierdre said. “Go on, Mr. Fisher.”

“Don’t say a word, Herbie,” Stone said.

“But I’m innocent.”

“Your client says he’s innocent, Stone,” Dierdre said. “I’d like to know why he feels that way.”

“I’d like to speak to my client alone for a few minutes,” Stone said.