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PART TWO. THE CAMPAIGN 10 page

"No," Barry said, tugging at his own tie.

"Seven, maybe eight years ago, before the lawsuits started, the EPA came to Bowmore and started their mischief. The locals there had been complaining for years, but EPA is not known for swift action. They poked around, ran some tests, became somewhat alarmed, then got pretty agitated. We were watching all this very closely. We had people all over the place. Hell, we have people inside the EPA. Maybe we cut some corners with our waste, I don't know, but the bureaucrats really became aggressive.

They were talking about criminal investigations, calling in the U.S. attorney, bad stuff, but still kept internal. They were on the verge of going public with all sorts of demands-a zillion-dollar cleanup, horrendous fines, maybe even a shutdown. A man named Gabbard was CEO of Krane at the time; he's gone now, but a decent sort who knew how to persuade.

I sent Gabbard to Washington with a blank check. Several blank checks. He got with hour lobbyists and set up a new PAC, another one that supposedly worked to further the interests of chemical and plastics manufacturers. They mapped out a plan, the key to which was getting Senator Rudd on our side. They're scared of him down there, and if he wants the EPA to get lost, then you can forget the EPA. Rudd's been on the Appropriations Committee for a hundred years, and if EPA threatens to buck him, then he simply threatens to cut their funding. It's complicated, but it's also very simple. Plus, this is Mississippi, Rudd's backyard, and he had more contacts and clout than anyone else. So our boys at the new PAC wined and dined Rudd, and he knew exactly what was happening. He's a simpleton, but he's played the game for so long he's written most of the rules."

Platters of shrimp and noodles arrived and were casually ignored. Another round of drinks.

"Rudd finally decided that he needed a million bucks for his campaign account, and we agreed to route it through all the dummy corporations and fronts that you guys use to hide it. Congress has made it legal, but it would otherwise be known as bribery.Then Rudd wanted something else. Turns out he's got this slightly retarded grandson who has some weird fixation on elephants. Kid loves elephants. Got pictures all over his walls. Watches wildlife videos. And so on. And what The Senator would really like is one of those first-class, four-star African safaris so he can take his grandson to see a bunch of elephants. No problem. Then he decides that the entire family would enjoy such a trip, so our lobbyists arrange the damned thing. Twenty-eight people, two private jets, fifteen days in the African bush drinking Dom Perignon, eating lobster and steak, and, of course, gawking at a thousand elephants. The bill was close to three hundred grand and he never had a clue it was paid for by me."

"A bargain."

"An absolute bargain. He buried the EPA and they fled Bowmore. They couldn't touch us. And, as a side benefit, Senator Rudd is now an expert on all issues dealing with Africa. AIDS, genocide, famine, human rights abuses-you name it and he's an expert because he spent two weeks in the Kenyan outback watching wild game from the back of a Land Rover."



They shared a laugh and made the first advance upon the noodles. "Did you ever contact him when the lawsuits started?" Barry asked.

"No. The lawyers took over with a vengeance. I remember one conversation with Gabbard about Rudd, but it was the combined wisdom back then that politics would not mix with the litigation. We were pretty confident. How wrong we were."

They ate for a few minutes, but neither seemed thrilled with the food.

"Our boy's name is Ron Fisk," Barry said as he handed over a large manila envelope.

"Here are the basics. Some photos, a background check, no more than eight pages, at your request."

"Fisk?"

"That's him."

Brianna's mother was in the area, her twice-yearly drop-in, and for such visits Carl insisted that they use the mansion in the Hamptons and leave him alone in the city. Her mother was two years younger than Carl and fancied herself attractive enough to catch his eye. He spent less than an hour a year in her presence, and each time caught himself practically praying that Brianna had a different set of genes. He loathed the woman. The mother of a trophy wife is not automatically a trophy mother-in-law, and she is usually much too enamored with the topic of money. Carl had loathed each of his mothers-in-law. He detested the very notion that he had a mother-in-law in the first place.

So they were gone. The Fifth Avenue penthouse was all his. Brianna had loaded up Sadler MacGregor, the Russian nanny, her assistant, her nutritionist, and a maid or two and headed out in a small caravan to the island, where she could invade their fine home up there and abuse the staff.

Carl stepped from his private elevator, came face-to-face with Abused Imelda, cursed at the sight of her, ignored his valet, dismissed the rest of the staff, and when he was finally alone in the wonderful privacy of his bedroom, he put on his pajamas, a bathrobe, and heavy wool socks. He found a cigar, poured a single malt, and stepped out onto the small terrace overlooking Fifth Avenue and Central Park.

The air was raw and windy, perfect.

Rinehart had cautioned him against fretting the details of the campaign. "You don't want to know everything," he said more than once. "Trust me. This is my profession, and I'm very good at what I do."

But Rinehart had never lost a billion dollars. According to one newspaper article, about Carl no less, only six other men had ever lost a billion dollars in one day.

Barry would never know the humiliation of falling so fast and so hard in this city.

Friends become harder to find. Carl's jokes were not funny. Certain portions of the social circuit seemed to be closed (though he knew this was ever so temporary). Even his wife seemed a bit colder and less fawning. Not to mention the cold shoulders from those who really mattered-the bankers, fund managers, investment gurus, the elite of Wall Street.

As the wind reddened his cheeks, he looked slowly around at the buildings up and down Fifth Avenue. Billionaires everywhere. Did anyone feel sorry for him, or were they delighted at his fall? He knew the answer because he had taken so much delight when others had stumbled.

Keep laughing, boys, he said with a long pull on the malt. Laugh your asses off, because I, Carl Trudeau, now have a new secret weapon. His name is Ron Fisk, a nice, gullible young man purchased (offshore) by me for chump change.

Three blocks to the north, at the top of a building Carl could barely see, was the penthouse of Pete Flint, one of his many enemies. Two weeks earlier, Pete had made the cover of Hedge Fund Reports, dressed in an ill-fitting designer suit. He was obviously gaining weight. The story raved about Pete and his fund and, in particular, a spectacular final quarter last year, thanks almost solely to his shrewd shorting of Krane Chemical. Pete claimed to have made a half-billion dollars on Krane because of his brilliant prediction that the trial would end badly. Carl's name wasn't mentioned; it wasn't necessary. It was common knowledge that he'd lost a billion, and there was Pete Flint claiming to have raked in half of it. The humiliation was beyond painful.

Mr. Flint knew nothing about Mr. Fisk. By the time he heard his name, it would be too late and Carl would have his money back. Plus a lot more.

 


Chapter 15

The winter meeting of the Mississippi Trial Advocates (MTA) was held each year in Jackson, in early February while the legislature was still in session.

It was usually a weekend affair with speeches, seminars, political updates, and the like. Because the Paytons currently had the hottest verdict in the state, the trial lawyers wanted to hear from them. Mary Grace demurred. She was an active member, but it wasn't her scene. The gatherings typically included long cocktail hours and war stories from the trenches. Girls were not excluded, but they didn't exactly fit in, either. And someone needed to stay home with Mack and Liza.

Wes reluctantly volunteered. He, too, was an active member, but the winter meetings were usually boring. The summer conventions at the beach were more fun and family oriented, and the Payton clan had attended two of them.

Wes drove to Jackson on a Saturday morning and found the mini-convention at a downtown hotel. He parked far away so none of his fellow trial lawyers would see what he was driving these days. They were noted for their flashy cars and other toys, and Wes, at the moment, was embarrassed by the ragged Taurus that had survived the trip from Hattiesburg.

He would not spend the night, because he could not afford a hundred bucks for a room.

It could be argued that he was a millionaire, in someone's calculation, but three months after the verdict he was still squeezing every dime. Any payday from the Bowmore mess was a distant dream. Even with the verdict, he still questioned his sanity in getting involved with the litigation.

Lunch was in the grand ballroom with seating for two hundred, an impressive crowd.

As the preliminaries dragged on, Wes, from his seat on the dais, studied the crowd.

Trial lawyers, always a colorful and eclectic bunch. Cowboys, rogues, radicals, longhairs, corporate suits, flamboyant mavericks, bikers, deacons, good ole boys, street hustlers, pure ambulance chasers, faces from billboards and yellow pages and early morning television.

They were anything but boring. They fought among themselves like a violent family, yet they had the ability to stop bickering, circle the wagons, and attack their enemies. They came from the cities, where they feuded over cases and clients, and they came from the small towns, where they honed their skills before simple jurors reluctant to part with anyone's money. Some had jets and buzzed around the country piecing together the latest class action in the latest mass tort. Others were repulsed by the mass tort game and clung proudly to the tradition of trying legitimate cases one at a time. The new breed were entrepreneurs who filed cases in bulk and settled them that way, rarely facing a jury. Others lived for the thrill of the courtroom.

A few did their work in firms where they pooled money and talent, but firms of trial lawyers were notoriously difficult to keep together. Most were lone gunmen too eccentric to keep much of a staff. Some made millions each year, others scraped by, most were in the $250,000 range. A few were broke at the moment. Many were up one year and down the next, always on the roller coaster and always willing to roll the dice.

If they shared anything, it was a streak of fierce independence and the thrill of representing David against Goliath.

On the political right, there is the establishment, the money, and big business and the myriad groups it finances. On the left, there are the minorities, labor unions, schoolteachers, and the trial lawyers. Only the trial lawyers have money, and it's pocket change compared with big business.

Though there were times when Wes wanted to choke them as a whole, he felt at home here. These were his colleagues, his fellow warriors, and he admired them. They could be arrogant, bullish, dogmatic, and they were often their own worst enemies. But no one fought as hard for the little guy.

As they lunched on cold chicken and even colder broccoli, the chairman of the legislative affairs committee delivered a rather bleak update on various bills that were still alive over at the capitol. The tort reformers were back and pushing hard to enact measures designed to curtail liability and close courthouse doors. He was followed by the chairman of political affairs, who was more upbeat. Judicial elections were in November, and though it was too early in the year to be sure, it appeared as though their "good" judges at both the trial and the appellate levels would not draw serious opposition.

After frozen pie and coffee, Wes Payton was introduced and received a rousing welcome.

He began by apologizing for the absence of his co-counsel, the real brains behind the Bowmore litigation. She hated to miss the event but believed she was needed more at home with the kids. Wes then launched into a long recap of the Baker trial, the verdict, and the current state of other lawsuits against Krane Chemical.

Among such a crowd, a $41 million verdict was a much-revered trophy, and they couldhave listened for hours to the man who obtained it. Only a few had felt firsthand the thrill of such a victory, and all of them had swallowed the bitter pill of a bad verdict.

When he finished, there was another round of boisterous applause, then an impromptu question-and-answer session. Which experts had been effective? How much were the litigation expenses? (Wes politely refused to give the amount. Even in a room of big spenders, the sum was too painful to discuss.) What was the status of settlement talks, if any? How would the class action affect the defendant? What about the appeal?

Wes could have talked for hours and kept his audience.

Later that afternoon, during an early cocktail hour, he held court again, answering more questions, deflecting more gossip. A group that was circling a toxic dump in the northern part of the state descended on him and wheedled advice.

Would he take a look at their file? Recommend some experts? Come visit the site?

He finally escaped by going to the bar, and there he bumped into Barbara MeUinger, the savvy and battle-weary executive director of the MTA and its chief lobbyist.

"Got a minute?" she asked, and they retreated to a corner where no one could hear them.

"I've picked up a frightening rumor," she said, sipping gin and watching the crowd.

MeUinger had spent twenty years in the halls of the capitol and could read the terrain like no other. And she was not prone to gossip. She heard more than anyone, but when she passed along a rumor, it was usually more than just that.

"They're coming after McCarthy," she said.

"They?" Wes was standing next to her, also watching the crowd.

"The usual suspects-Commerce Council and that group of thugs."

"They can't beat McCarthy."

"Well, they can certainly try."

"Does she know it?" Wes had lost interest in his diet soda.

"I don't think so. No one knows it."

"Do they have a candidate?"

"If they do, I don't know who it is. But they have a knack for finding people to run."

What, exactly, was Wes supposed to say or do? Campaign funding was the only defense, and he couldn't contribute a dime.

"Do these guys know?" he asked, nodding at the little pockets of conversation.

"Not yet. We're lying low right now, waiting. McCarthy, typically, has no money in the bank. The Supremes think they're invincible, above politics and all that, and by the time an opponent pops up, they've been lulled to sleep."

"You got a plan?"

"No. It's wait and see for now. And pray that it's only a rumor.

Two years ago, in the McElwayne race, they waited until the last minute to announce, and by then they had a million plus in the bank."

"But we won that race."

"Indeed. But tell me you were not terrified."

"Beyond terrified."

An aging hippie with a ponytail lurched forward and boomed, "Y'all kicked their assesdown there." His opening gave every impression that he would consume at least the next half hour of Wes's life. Barbara began her escape. "To be continued," she whispered.

Driving home, Wes savored the occasion for a few miles, then slipped into a dark funk over the McCarthy rumor. He kept nothing from Mary Grace, and after dinner that night they slipped out of the apartment and went for a long walk. Ramona and the children were watching an old movie.

Like all good lawyers, they had always watched the supreme court carefully. They read and discussed every opinion, a habit they started when their partnership began and one they clung to with conviction. In the old days, membership on the court changed little. Openings were created by deaths, and the temporary appointments usually became permanent. Over the years, the governors had wisely chosen the fill-ins, and the court was respected. Noisy campaigns were unheard-of. The court took pride in keeping politics out of its agenda and rulings. But the genteel days were changing.

"But we beat them with McElwayne," she said more than once.

"By three thousand votes."

"It's a win."

Two years earlier, when Justice Jimmy McElwayne got himself ambushed, the Paytons had been too mired in the Bowmore litigation to contribute financially. Instead, they had devoted what little spare time they had to a local committee. They had even worked the polls on Election Day.

"We've won the trial, Wes, and we're not losing the appeal," she said.

"Agreed."

"It's probably just a rumor."

The following Monday afternoon, Ron and Doreen Fisk sneaked away from Brookhaven and drove to Jackson for a late meeting with Tony Zachary. There were some people they needed to meet.

It had been agreed that Tony would serve as the official director of the campaign.

The first person he brought into the conference room was the proposed director of finance, a sharply dressed young man with a long history of statewide campaigns, in a dozen states no less. His name was Vancona, and he quickly, and confidently, laid out the basic structure of their financial plan. He used a laptop and a projector and everything was flashed against a white screen, in vivid color. On the income side, the coalition of supporters would contribute $2.5 million. Many of these were the folks Ron had met in Washington, and for good measure Vancona presented a long list of groups. The names were a blur, but the sheer number was impressive. They could expect another $500,000 from individual donors around the district, moneys that would be generated when Ron hit the stump and began to win friends and impress folks.

"I know how to raise the money," Vancona said more than once, but without being offensive.

Three million dollars was the magic number, and it virtually guaranteed a win. Ron and Doreen were overwhelmed.

Tony watched them carefully. They weren't stupid. They were just as easily misled as anyone else would be under the circumstances. They asked a few questions, but only because they had to.

On the expense side, Vancona had all the numbers. Television, radio, and newspaper ads, direct mail, travel, salaries (his would be $90,000 for the venture), office rental, all the way down to bumper stickers, yard signs, billboards, and rental cars.

His grand total was $2.8 million, which left some wiggle room.

Tony slid over two thick binders, each majestically labeled: "SUPREME COURT, SOUTHERN DISTRICT, RON FISK VERSUS SHEILA MCCARTHY CONFIDENTIAL."

"It's all in there," he said.

Ron flipped some pages, asked a few benign questions.

Tony nodded gravely as if his boy had genuine insight.

The next visitor-Vancona stayed in the room, a member of the team now-was a saucy sixty-year-old woman from D.C. whose specialty was advertising. She introduced herself as Kat something or other. Ron had to glance at his notebook to confirm-Broussard.

Next to her name was her title: Director of Advertising.

Where had Tony found all these people?

Kat was filled with big-city hyperactivity. Her firm specialized in state races and had worked in over a hundred.

What's your winning percentage? Ron wanted to ask, but Kat left few openings for questions. She adored his face and voice and felt confident they would put together the "visuals" that would adequately convey his depth and sincerity. Wisely, she spent most of her time looking at Doreen as she talked, and the girls connected. Kat took a seat.

Communications would be handled by a Jackson firm. Its boss was another fast-talking lady named Candace Grume, and, not surprisingly, she had vast experience in these matters. She explained that a successful campaign must coordinate in communications at all times. "Loose lips sink ships," she chirped. "They also lose elections." The current governor was a client, and she saved the best for last. Her firm had represented Senator Rudd for over a decade. Enough said.

She yielded the floor to the pollster, a brainy statistician named Tedford who managed to claim, in less than five minutes, that he had correctly predicted the outcome of virtually every race in recent history. He was from Atlanta. If you're from the big city of Atlanta and you find yourself in the outback, then it's important to remind everyone there that you are indeed from Atlanta. After twenty minutes they were tired of Tedford.

The field coordinator was not from Atlanta but from Jackson. His name was Hobbs, and Hobbs looked vaguely familiar, at least to Ron. He boasted that he had been running successful campaigns in the state- sometimes out front, sometimes in the background-for fifteen years. He threw out the names of his winners without a thought of mentioning his losers. He preached about the necessity of local organization, grassroots democracy, knocking on doors, turning out the vote, and so on. He had an oily voice, and at times his eyes glowed with the fervor of a street preacher.

Ron disliked him immediately. Later, Doreen would admit she found him charming.

Two hours after the parade began, Doreen was almost catatonic, and Ron's notepad was bristling with the drivel he wrote in an effort to remain engaged.

The team was now complete. Five well-paid professionals. Six including Tony, but his salary would be covered by Judicial Vision. Ron, poring through his notebook while Hobbs was ranting, found the column that projected "professional salaries" at $200,000 and "consultants" at $175,000. He made a note to quiz Tony about these amounts later. They seemed much too high, but then what did he know about the ins and outs of a high-powered campaign?

They broke for coffee, and Tony herded the others out of the room. They left with warm farewells, excitement about the thrilling race ahead, and promises to meet again as soon as possible.

When Tony was alone again with his clients, he suddenly looked tired. "Look, I know this is a lot. Forgive me, but everybody is busy and time is crucial. I thought one big meeting would work better than a bunch of smaller ones."

"No problem," Ron managed to say. The coffee was working.

"Remember, this is your campaign," Tony continued, straight-faced.

"Are you sure about that?" Doreen asked. "Doesn't really feel like it."

"Oh yes, Doreen. I've assembled the best team available, but you can cut any one of them right now. Just say the word, and I'll be on the phone finding a replacement.

Someone you don't like?"

"No, it's just that-"

"It's overwhelming," Ron admitted. "That's all."

"Of course it is. It's a major campaign."

"Major campaigns don't have to be overwhelming. I realize I'm a novice here, but I'm not naive. Two years ago in the McElwayne race, the challenger raised and spent about two million dollars and ran a great race. Now we're tossing around numbers that are far more than that. Where is the money coming from?"

Tony snapped on his reading glasses and reached for a binder. "Well, I thought we covered that," he said. "Vancona went over the numbers."

"I can read, Tony," Ron shot across the table. "I see the names and amounts. That's not the question. I want to know why these people are willing to pony up three million bucks to support someone they've never heard of."

Tony slowly peeled off his reading glasses with an air of exasperation. "Ron, haven't we covered this a dozen times? Last year, Judicial Vision spent almost four million to elect a guy in Illinois. We spent close to six million in Texas. These numbers are outrageous, but winning has become very expensive. Who's writing the checks?

The folks you met in Washington. The economic development movement. The conservative Christians. Doctors who are being abused by the system. These are people who are demanding change, and they are willing to pay for it."

Ron drank some more coffee and looked at Doreen. A long, silent moment passed. Tony re-shifted, cleared his throat, and said softly, "Look, if you want out, then just say the word. It's not too late."

"I'm not quitting, Tony," Ron said. "But this is too much for one day. All these professional consultants and-"

"I'll handle these people. That's my job. Yours is to hit the stump and convince the voters you're the man. The voters, Ron and Doreen, will never see these people.

They will never see me, thank God. You are the candidate. It's your face, your ideas, your youth and enthusiasm that will convince them. Not me. Not a bunch of staff members."

Fatigue overcame them and the conversation lagged. Ron and Doreen gathered up the bulky notebooks and said their goodbyes. The drive home was quiet, but not unpleasant. By the time they drove through an empty downtown Brookhaven, they were once again excited by the challenge.

The Honorable Ronald M. Fisk, Justice, Mississippi Supreme Court.

 


Chapter 16

Justice McCarthy eased into her office late Saturday morning and found it deserted.

She flipped through her mail as she turned on her computer. Online, at her official e-mail address, there was the usual court business. At her personal address, there was a note from her daughter confirming dinner that night at her home in Biloxi.

There were notes from two men, one she'd been dating and one who was still a possibility.

She wore jeans, sneakers, and a brown tweed riding jacket her ex-husband gave her many years ago. There was no weekend dress code at the supreme court because only the clerks showed up.

Her chief clerk, Paul, materialized without a sound and said, "Good morning."

"What are you doing here?" she asked.

"The usual. Reading briefs."

"Anything of interest?"

"No." He tossed a magazine on her desk and said, "This one is on the way. Could be fun."

"What is it?"

"The big verdict from Cancer County. Forty-one million dollars. Bowmore."

"Oh yes," she said, picking up the magazine. Every lawyer and judge in the state claimed to know someone who knew something about the Baker verdict. The coverage had been extensive, during the trial and especially afterward.

It was often discussed by Paul and the other clerks. They were already watching it, anticipating the arrival in a few months of the appellate briefs.

The article covered all aspects of the Bowmore waste site and the litigation it created.

There were photos of the town, desolate and boarded up; photos of Mary Grace peering at the razor wire outside the Krane plant and sitting with Jeannette Baker under a shade tree, each holding a bottle of water; photos of twenty of the alleged victims blacks, whites, kids, and old folks. The central character, though, was Mary Grace, and her importance grew as the paragraphs flew by. It was her case, her cause. Bowmore was her town and her friends were dying.

Sheila finished the article and was suddenly bored with the office. The drive to Biloxi would take three hours. She left without seeing another person and headed south, in no particular hurry. She stopped for gas in Hattiesburg and, on a whim, turned east, suddenly curious about Cancer County.

When she presided over trials, Judge McCarthy often sneaked to the scene of the dispute for a furtive firsthand look at the site. The murky details of a tanker collision on a busy bridge became much clearer after she spent an hour on the bridge, alone, at night, at the precise moment of the accident. In a murder case, the defendant's claim of self-defense was discounted by her after she ventured into the alleyway where the body was found. A light from a warehouse window glared down, illuminating the spot. During the trial of a wrongful death at a railroad crossing, she drove the street night and day, twice stopping for trains, and became convinced the driver was at fault. She kept these opinions to herself, of course. The jury was the trier of fact, not the judge, but a strange curiosity often attracted her to the scene. She wanted to know the truth.


Date: 2015-12-17; view: 340


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