what?”
“Clerk-magistrate. The clerk-magistrate reports to the Chelsea District Court of Suffolk County. That's the civil side of the county's judicial system, versus the criminal side. You probably didn't know—hell, I sure didn't know—but any person can seek a clerk-magistrate hearing for probable cause that (a) a crime has been committed, and (b) that the defendant did it. If the clerk-magistrate finds in favor of probable cause, then the clerk-magistrate can issue criminal charges against the defendant, even though it's a civil court. Basically, any civilian can run around the DA's office and, using the clerk-magistrate, pursue their own criminal case, with their own personal lawyer and their own personal funds. You might want to ask, Bobby, what this has to do with you.”
“What does this have to do with me?” Bobby asked wearily.
“At four forty-five this evening, Maryanne Gagnon, wife of Suffolk Superior Court Judge James Gagnon and mother of Jimmy Gagnon, filed a motion for a hearing with the clerk-magistrate. She's arguing there's probable cause that a murder was committed, and that you did it.”
Bobby made the mistake of closing his eyes. The world promptly spun sickeningly.
“Judge Gagnon's not waiting for the DA's office, Bobby. He doesn't give a damn what their investigators find, he doesn't give a damn what the hell our department finds. He's gunning for you himself.”
“I thought . . . I thought as Massachusetts state employees we were protected from all that. The Mass. Tort Claims Act. As long as we're on the job, someone can only sue the state, not us.”
“Yeah, nobody can bring a civil suit against you specifically. But this isn't a civil suit, Bobby. This is a probable cause hearing to press criminal charges. This is a felony. This is, if you're found guilty, you go to jail. This isn't some guy looking to ease his bereavement by collecting cold hard cash, Bobby. This is a guy looking to destroy your life.”
Bobby's legs gave out and he went down hard, tilting wildly to the left, before Bruni caught his arm and brought him back to center. The lieutenant joined him on the curb. They sat, tucked hidden between two cars, and for a while, neither of them spoke.
“Jesus,” Bobby said at last.
“I'm sorry, Bobby. Honest to God, I've never heard of anything like this. Do you have a lawyer?”
“I thought the union provided a lawyer.”
“Union can't help. This is a case brought against you personally, not the State of Mass. or the department. For this, you're on your own.”
Bobby placed his head in his hands. He was too tired, too drunk for this. He felt as if November had leached all the fight out of his bones, and he had nothing left.
“It was a righteous shoot,” he said.
“No one I know is saying otherwise.”
“The man was going to kill his wife.”
“I listened to the tape of the command center's conversation this afternoon. You followed procedure, Bobby. You documented events, you detailed what was happening, and you did what you were trained to do. Maybe no one else will ever say this, but I'm proud of you, Bobby. You had a job to do, and you didn't back down.”
Bobby couldn't talk anymore. He had to pinch the bridge of his nose to quell the moisture suddenly stinging his eyes. God, he was tired. Worse, he was drunk.
“Will it work?” Bobby asked at last. “Guy's a judge. He's got money, he's got influence. Shit, I can't afford a real suit on what I make. Does that mean he wins?”
“I don't know,” Bruni said, but he sighed heavily, which meant he knew enough.
“I don't understand. Jimmy had a gun. Jimmy was pointing it at his wife and child. Doesn't that mean anything to anyone? To even his parents?”
“It's a little complicated.”
“Why, because he's rich, because he's got a house in Back Bay? Beating your family is beating your family. I don't care how much money you got!”
The lieutenant grew quiet.
“What?” Bobby demanded to know.
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