stopped in the street by a drunk who tries to bend his ear with a sad story of how tough it is to get a drink in New York. What does that man do? He shakes off the drunk and gets away from there; the last thing he does is invite the drunk up to his apartment to sober him up. In this town? Al Hogan could have made mincemeat of Neeley on the stand. Not only have gotten Billy off, but probably have given Neeley some grief with the law.â
Steve nodded slowly. âThen why didnât he think of it?â He suddenly remembered something and looked a bit sheepish. âAlthough, to tell the truth, I didnât see it myself.â
âAl Hogan would have seen it as quickly as I did,â Ross said. âWhich simply means he didnât use the defense because Billy Dupaul wouldnât let him. Billy had fired one attorney, and was probably ready to fire another if he felt he had to. And poor Al Hogan needed the work. Which could also mean â¦â He paused, thinking.
Sharon said, âWhich could mean what?â
âIt could mean that Dupaul, quite possibly, was telling the truthâor at least the truth as he saw it. Which, unfortunately, isnât always the same thing.â Ross nodded his head. âWell, itâs something to think about. Letâs get on. What finally happened in that bar?â
âThe man Dupaul was fightingâthis Riessâwent down from a blow from Dupaul and struck his head on the edge of one of the kegs Dupaul had been lugging in when the argument started. The man fractured his skull. The prosecution dug up a witness who claimed he saw Dupaul pull out his bung-starter, which can be claimed to be a weapon. The prosecution pushed that point, of course, and also brought in Dupaulâs first convictionââ
Steve saw the expression on Rossâs face, and nodded.
âYes, sir, I know itâs inadmissible, but Mr. Hogan was half asleep during the trial, as far as I could determine; he died the following month, if you recall. The judge warned the DAâs table several times, but in the long run the impression remained with the jury. Dupaul, after a very brief trial, was found guilty of second-degree assault. It made him a second-offender.â
Ross remembered the words of Jerry Coughlin regarding juries and the impressions they retained. The newspapermanâs words were, unfortunately, all too true. Still, Ross couldnât think of a better system to protect the innocent than the jury system.
âWhat happened to this man Riess?â
âHe recovered completely. Heâs probably starting fights in other bars right this minute.â
âAnd Dupaul was sentenced to what?â
âSeven and a half to twenty years as a second-offender.â
Ross whistled. âThatâs quite a penalty for a random fight in a bar, especially considering that nobody got killed or permanently injured.â
âWell,â Steve said, âI suppose the man could have died. And the DAâs office, pushed by Gorman, as I hear it, really poured on the law-and-order bit; bloodthirsty killers roving the streetsâthose were his exact words. It must have had the proper effect on the judge to get Dupaul that stiff a sentence.â
âAnd heâs served so much of it, so far?â
âWell, he went in in late December, 1968, and this is late October ⦠A few months less than four years. Incidentally, when Louis Gorman became Chief Assistant District Attorney, he served notice on the parole board that when, as, and if Dupaul ever became eligible for parole, he, personally, would oppose it vigorously. That was before Raymond Neeley died, of course. Now heâs pushing for the murder charge for all heâs worth.â
Ross looked surprised.
âWhere did you get that information about Gormanâs statement to the parole board?â
Steve Sadler grinned. âThatâs off-the-record information, Hank. From friends
Joyce Chng, Nicolette Barischoff, A.C. Buchanan, Sarah Pinsker