Chapter 29
As she waited for the petition to arrive via internet, she checked out Mr. Hammer, a lawyer she had never heard of, but then there were at least a million of them in D.C.
The big city was far away from Braxton in so many ways.
His firm had ten lawyers with an office on Connecticut Avenue and another one in Arlington.
It was a typical lawyer’s website, with lots of bluster and self-congratulations.
Mr. Hammer represented Jerry and Clyde Korsak, two stepsons of Ms. Eleanor Barnett, who had passed away the day before.
His clients were concerned about the “mysterious circumstances” surrounding her death and wanted to get to the bottom of things.
They requested that all funeral and burial arrangements be stopped, or “held in abeyance” in lawyer talk, until an autopsy could be performed.
At the bottom of the second page, Mr. Hammer stated that a copy of the petition was being emailed simultaneously to the Honorable Simon F. Latch, attorney for Eleanor Barnett.
Attorney Latch was at his desk studying Vegas lines for bowl games, with his coffee, when the email came across.
In one dreadful split second he forgot about football and yelled an expletive.
His office door was open but the place was empty.
Tillie, of course, had the entire day off.
There were no appointments. Simon was still in his boxers.
In the middle of his desk was a small bowl filled with low-fat Greek yogurt, blueberries, and granola, and he had been preparing to dive in. Now, he stared at the food with no desire whatsoever. His stomach churned. He fought off a wave of nausea.
Was this the beginning of the end? Was his grand scheme and scam finally unraveling?
What could possibly be mysterious about Netty’s death?
He had watched her deteriorate as pneumonia set in.
The coughing, fevers, labored breathing—all the symptoms were there and he had discussed her condition with the nurses and the doctors.
An eighty-five-year-old woman got banged up in a car wreck, couldn’t walk, didn’t eat much, took plenty of meds, and slowly withered away. Where was the mystery?
Now the vultures were swarming.
Once he had collected his thoughts, somewhat, and the room had stopped spinning, he thought about calling Mr. Teddy Hammer and cursing him. But the more diplomatic and beneficial approach might be to call with a professional hello and dig for information. Either call was a bad idea.
He searched Hammer’s firm, absorbed the first image of the man, and loathed everything about him.
Age about fifty, expensive dark suit, chubby cheeks, puffy eyes, the cocky smirk of a street lawyer who knew how to hurt you.
His firm wasn’t much; the usual collection of hustlers trying to portray an image of a blue-ribbon D.C. firm with plenty of connections.
There were so many baffling scenarios, but the one that was most disturbing was the fact that Jerry and Clyde had joined forces.
When Simon had quizzed Eleanor about them, she had always given the impression that the stepsons lived in separate worlds and didn’t like each other.
Now the two outlaws had teamed up with an aggressive lawyer to wreak havoc with Eleanor’s death.
When Simon walked into the courtroom at exactly ten-thirty, Judge Pointer was already on the bench and chatting with a clerk.
A court reporter filed her nails as she waited, obviously irritated at being called in on a holiday.
Simon introduced himself to Teddy Hammer, who was alone.
The only spectator in the room was Detective Roger Barr, who sat in the front row and flipped through a magazine.
They were in Courtroom B, a much smaller room and one used for non-jury trials.
Judge Pointer preferred it over the larger, grander courtroom because it was more intimate, plus the HVAC system was more reliable.
She had been given her judgeship fourteen years earlier by the General Assembly, no messy campaigns to worry about, and she was well regarded by the bar.
After a round of all the obligatory pleasantries, she called things to order and the court reporter began recording the proceedings.
Judge Pointer said, “This is an expedited matter that would normally require notice to all parties and some preparation, but, as I understand things, Ms. Barnett died yesterday and there is some concern over what happens next with her remains. Mr. Latch, you are her attorney? Please keep your seat.”
“I suppose I am, Your Honor. I prepared her last will and testament and I have a power of attorney over her affairs, but I have not been appointed by the court to handle her estate. I’m sort of in limbo here.”
“Okay, let’s proceed.”
Simon jumped in with “And Your Honor, just to be on the safe side, I suggest that this hearing be closed and the record secured, for now anyway.”
Hammer said, “We have no problem with that.”
Judge Pointer said, “Well, the only spectator I can see right now is Detective Barr with the Braxton Police. Mr. Barr, do you mind stepping outside? We’ll call you if we need you.”
Barr was irritated and glared at Simon as he left the courtroom.
Judge Pointer said, “Mr. Hammer, it’s your petition. You have the floor.”
“Thank you, Your Honor. It’s really quite simple.
I represent the two stepsons of Ms. Eleanor Barnett.
She passed yesterday. It appears as though Mr. Latch is eager to have her remains cremated.
Indeed, at this moment she’s being held in the cooling unit in the basement of Cupit & Moke Funeral Home, just down the street.
We are in no position to make accusations or arouse suspicion, but my clients would like to know the exact cause of death before she is buried.
Thus, they request a time-out and an autopsy. ”
Simon had made the decision years earlier to avoid courtrooms if at all possible.
He loathed trial work and had never felt comfortable on his feet.
The courtrooms he frequented did not have jury boxes or counsel tables.
Most matters were not contested. It was obvious to him that Teddy Hammer was a smooth brawler who had addressed many judges and juries.
Simon replied, “Ms. Barnett was in the hospital for two weeks before she died. She was treated by the best doctors in town. I was there every day. I watched her slowly succumb to pneumonia. Her doctors tried everything, including a ventilator for the final two days. They have no doubt she died of pneumonia. There is no need for an autopsy.”
Judge Pointer asked, “And you prepared her last will and testament?”
“That’s correct.”
“And in that will did she give instructions as to her final arrangements?”
“No, ma’am. Those instructions were given in a subsequent document, her advance directive.”
“And when did she sign that?”
“Twelve days ago.”
“In the hospital?”
“Yes.”
“And it was prepared by you?”
“Yes.”
The judge seemed suspicious. Indeed, an air of suspicion seemed to settle in the courtroom.
Hammer read it perfectly and said, “Your Honor, my clients believe that their father and stepmother owned a burial policy issued by Cupit & Moke, and it provides for funeral services and a burial next to their father at the Eternal Springs Cemetery. It covers embalming, preparation, a nice casket, a memorial service, and burial. The works. There’s nothing in that policy about cremation. ”
“Mr. Latch?”
“It’s simple, Your Honor,” Simon said. “Ms. Barnett changed her mind. We discussed it many times. Cremation is gaining popularity across the country and she liked the idea.”
“Do you have copies of her advance directive?”
“Of course.” Simon quickly handed a copy to the judge and one to Hammer.
They took their time and read every word.
When they finished, Hammer said, “Your Honor, Ms. Barnett can be cremated next week, after an autopsy, as per her wishes. There’s no problem.
And there’s no rush. It’s a holiday weekend.
Everybody is off work on Monday. Let the family get the autopsy and have that peace of mind, and if it proves the cause of death was pneumonia, then she can be cremated. No problem.”
Judge Pointer pushed her file away and said, “Okay, here’s what we’ll do.
I’ll grant the injunction and order the funeral home to transport the remains for an autopsy.
In the meantime, I will order that all estate proceedings be held in abeyance until after the autopsy and after the burial.
At that time, we will meet again and decide how to proceed with probate.
This record of this hearing is sealed, as is the file.
All participants are ordered to keep this matter confidential. Understood?”
Both lawyers nodded and agreed. Judge Pointer adjourned the hearing and disappeared. Simon and Teddy stood and shook hands. Simon asked, “So who does the autopsy?”
“The chief medical examiner at the crime lab in Richmond.”
Crime? Simon took a deep breath and tried to speak.
Teddy flashed a conspiratorial look that spoke volumes, and said, “Off the record, Mr. Latch, but there’s a good chance your client did not die of natural causes.”