Oliphant, Burch, and everyone else was startled.
“Mr. Burch?” the judge asked.
“Well, Your Honor, I’m not sure the defense can be ready.”
“You want separate trials, Mr. Burch. You’ve spent the last two hours begging for them, so we’re going to have separate trials. Surely you can be ready in a month.”
Jesse glanced at Haberstroh, who appeared pale, stunned, and ready to bolt.
Burch fumbled some papers, then huddled with an associate. For Jesse, it was a rare moment to enjoy watching the great trial lawyer lose his footing.
Burch finally said, “Okay, Your Honor. We’ll be ready.”
* * *
Two days later, Keith was leaving the courthouse when a stranger opened the door for him and said, “Say, you got a minute?” He stuck out a hand and said, “Name’s George Haberstroh, brother of Fritz.”
Keith shook his hand and said, “Keith Rudy. A pleasure.”
They walked away from the main entrance and stood under a tree. George said, “This conversation never happened, okay?”
“We’ll see.”
“No, I need your word. Gotta keep this quiet, you understand?”
“What’s up?”
“Well, obviously, my brother is in some deep shit. We’re not from around here, you see. He came down years ago after he got out. Always had a knack for finding trouble. I don’t think he did anything wrong at the club, you know? He was just an employee, doing what Malco wanted. Now he’s facing a pretty nasty indictment. With a bunch of thugs, if you ask me.”
Keith, still in his rookie season, wasn’t sure what to say but didn’t like the situation. He nodded as if to say, “Go on.”
Haberstroh continued, “Fritz knows Malco will sell him out to save his own skin. Fritz prefers to save his first. He can’t do any more time, especially in one of these prisons down here.”
Keith said, “He’s got a lawyer, one of the best.”
“He doesn’t trust Joshua Burch and he damned sure doesn’t trust his co-defendants.”
“We shouldn’t be talking.”
“Why not? I’m not the defendant. You’re not the DA. My brother wants out, okay? He may be stupid but he’s not a criminal and he did nothing wrong at that nightclub. Sure the girls were whoring but he didn’t make the rules. He got none of the money. Malco paid him a salary to do what he was told.”
Keith almost walked away but realized the opportunity. He knew the indictment inside and out because he and his father had discussed it for months. They had spent hours dissecting the criminal activity, the criminals, and the possible trial strategies by both sides. Jesse indicted Haberstroh and the other two managers for the sole purpose of squeezing their balls until they turned on Malco.
The turning had just begun. “What am I supposed to do?” Keith asked.
“Please talk to your father and get Fritz out of this mess.”
“Is he willing to testify against Malco?”
“He’s willing to do anything to save his own neck.”
“Does he appreciate the danger?”
“Of course he does, but Fritz survived four years in a tough prison in Missouri. He’s not exactly a pushover. If he walks, he’ll never be seen around here again.”
Keith took a deep breath and looked around. “Okay, I’ll talk to the DA.”
“Thanks. How can I contact you?”