Part 5 (1/2)

”Your mother's sister?”

”Yes.”

”I'm so sorry. But my parents are trying to help him get a work permit. He really shouldn't leave anytime soon, Julio. Can you tell him this?”

”It's his mother, Theo. If your mother were dying wouldn't you want to go home?”

”Sure.”

”Plus, he's still pretty nervous about getting involved. Just last week some of his friends who worked in an apple orchard not far from here got arrested because they didn't have the papers, you know, and now they're in jail somewhere, waiting to be sent back to El Salvador. It's not easy living like this, Theo. It may be hard for you to understand, but Bobby doesn't want to be involved. He doesn't trust everyone like you do.”

”Okay. I get it.”

Hector and Rita were back with Judge, bored with him now and ready to hand over the leash. Judge was tired of the attention and wanted to leave. Theo said good-bye to the Penas and pedaled away.

Chapter 11.

Theo's favorite teacher was Mr. Mount, his homeroom teacher and faculty adviser for the Debate Team. He was in his mid-thirties, still single, and p.r.o.ne to flirting with the young female teachers, and he had a happy, laid-back att.i.tude about life that the boys adored. His family was full of lawyers and he himself had finished law school and worked for one less than pleasant year with a big firm in Chicago. He loved teaching, enjoyed being around kids, and had decided that he belonged in a cla.s.sroom and not a courtroom. He taught Government at third period, and was often inclined to let the boys discuss whatever they wanted as long as it was remotely related to politics, history, or the law. Also, he gave easy tests.

With Duffy all over the news, there was little doubt about what the cla.s.s would dwell on Monday morning.

”I have a question,” Darren said not long after Mr. Mount called the cla.s.s to order.

”What is it, Darren?”

”The newspaper said that Pete Duffy might fight extradition back to Strattenburg. What does that mean?”

Mr. Mount glanced at Theo, but chose to handle it himself. Theo knew more about the law than anyone in the room, except Mr. Mount, but Theo was often reluctant to dominate the discussions. He didn't want to appear to be a know-it-all.

Mr. Mount said, ”Good question. Extradition is a legal process whereby a person who is arrested in one state is sent back to the state where the crime occurred. Obviously, this person does not want to return to the place where he's in trouble, so he often tries to block the transfer. It's always a waste of time because eventually the courts see to it that he gets s.h.i.+pped back. The only time it gets sticky is where one state has the death penalty and the other state does not. But even then, the defendant loses. It's more of a problem between countries because the United States does not have extradition treaties with all other countries. You guys ever see the movie The Great Train Robbery?”

A few hands went up.

”It's the true story of a train robbery in England, around nineteen sixty or so. This gang stopped a train loaded with money and made a clean escape. Eventually they all got caught, with the exception of one guy who made it down to Brazil, the same place Duffy was headed. At the time, Brazil did not have an extradition treaty with the United Kingdom, and so this guy was able to live a pretty good life down there and the British police couldn't touch him.”

”What happened to him?” Darren asked.

”He eventually got homesick and returned to London. I think he died in prison.”

”I have another question,” Woody said. ”My dad says it's unheard of for a guy charged with murder to be able to post a bond and stay out of jail while he's waiting on his trial. Somehow Pete Duffy got around this, and look what happened. He was rich, so he got a special deal, right? My dad says anyone else would've been locked up and not able to run away. I don't understand this bond thing.”

Mr. Mount looked at Theo again. Theo said, ”Well, your dad is right. Most judges will not even consider a bond in a murder case. For other cases, say for example embezzlement, say you got caught stealing money from your boss, a serious crime but nothing violent, then, your lawyer would ask the judge to set a reasonable bond. The prosecutor always wants a high bond, the defendant a low one. Say the judge sets the bond at fifty thousand dollars. You would then go to a bail bondsman and put up ten percent in cash. He writes the bond, you get out while you wait for your trial, and everybody's happy. If you don't show up in court, the bail bondsman has the right to track you down and bring you back.”

”What's the difference between bail and bond?” Woody asked.

”Nothing really. Lawyers use either word. They say 'My client's bond is five thousand dollars,' and they say, 'My client's bail is five thousand dollars.' They mean the same thing.”

”So how did Duffy get a bond?”

”He had money. His bail was set at a million dollars, and he put up some land worth that much. He didn't go through a bail bondsman, but his lawyer arranged the deal with the court.”

”What happened when he disappeared?”

”The county took his land. Just like that.”

”Does he get it back now that he's been found?”

”No. He lost it forever. According to my dad, the county plans to sell the land and keep the cash.”

”Can he get another bond now?”

”No, not after jumping bond the first time. No judge would consider bail for an escapee.”

”Can we watch the trial again, Mr. Mount?” asked Ricardo.

Mr. Mount smiled and said, ”We will try, that's all I can promise. I doubt if it will happen anytime soon.”

”I wonder how they caught him,” Brian said.

If you only knew, Theo said to himself.

During afternoon study hall, Theo asked Mr. Mount if he could be excused for a few minutes. He needed to run some vague errand. Mr. Mount looked at him suspiciously but agreed anyway. Theo might flirt with trouble from time to time, but he would never do anything terrible.

He found Julio on the playground, again playing soccer. Julio took a break from the game and stood next to Theo as they watched the action. ”Any luck with Bobby?” Theo asked quietly.

”Yes, I saw him last night. I told him what you told me and he's really nervous. He is wondering why he should get involved in a murder trial. He has everything to lose and nothing to gain, and he really doesn't care if this Duffy guy goes to jail or not. That, plus he's really worried about his mother.”

”Can't blame him for that.”

”You know, Theo, it would have been better if Duffy was never caught.”

”Maybe you're right,” Theo said, as he suddenly felt guilty again. But guilty of what? He had spotted a fugitive and done what was right. ”Tell Bobby things will be okay, all right, Julio? He's got to cooperate with the police.”

”Maybe I'll let you tell him.”

”I'll do that.”

As he walked back to homeroom, he mentally kicked himself for getting in so deep. He'd stuck his nose into somebody else's business and now he wished he hadn't. The Duffy circus would once again take over the town, and with it there would be the possibility of bad guys poking around. If it somehow leaked that Theo and Ike were responsible for Duffy's capture, things might get rough. And Bobby Escobar might vanish at any moment.

After school, Theo checked in at the Boone & Boone law office. Elsa informed him that he had worn the same s.h.i.+rt twice last week and she was tired of looking at it. He said thanks and went to his office, a small room in the back that was once used for storage. When everyone was busy, he left Judge behind, sneaked out the back door, and rode his bike downtown where he met April Finnemore at Guff's Frozen Yogurt on Main Street.

Theo ordered his favorite-chocolate smothered with crushed Oreos. April never had the same thing twice. She was an artist, a creative type, and always trying something new. Theo didn't understand this, and she didn't understand why Theo was so rigid in his routines. He lived by the clock and rarely tried anything new. He blamed his parents. After sampling three types, while Theo waited impatiently, she finally selected pistachio with walnuts.

Walnuts? But Theo said nothing. They found their favorite booth, one with privacy. She began firmly with, ”Now, I want to know why you missed school last Thursday and Friday.”