cash retainer because, as he said to Ben and Helen while drinking a cup of take-out coffee in his second-floor office above the hardware store, he wasn’t at all sure that when everything was said and done they would have a cent left to pay him.
“If it’s as hopeless as all that,” Helen asked the lawyer, whose name was Joe Bonifacio, “then what do you suggest we do?”
“Two things,” said Bonifacio. He must have been around the same age as Helen and Ben, sallow and sharp-eyed, and dressed as if for yard work; though he was polite and engaged, she couldn’t help feeling there was something obligatory, something ginned up, about his interest in them. You’d have thought he saw a case like this every day. He had apparently spent his whole life, apart from college and law school, right there in Rensselaer Valley, which made it remarkable that Helen couldn’t remember ever seeing him before. “One, Ben, we have to start to lay the groundwork for the idea that you are not responsible for your actions, that they were committed in an altered state. You admit nothing, you apologize for nothing. Let me ask you this: had you been under any particular stress in the weeks or months leading up to the incident in question?”
“No,” said Ben.
“Yes,” said Helen, looking at her husband in amazement. “Yes, he was. He was emotionally unstable. We have a doctor who will surely testify to that. Well, not a doctor, really, but close enough.”
“Stop it,” Ben said coolly to her. “I don’t want to be a coward now. Let it fall on me. If I’m going out, I don’t want to go out as one of those guys claiming he’s not responsible for his actions.”
Which Helen actually found somewhat moving, insofar as she could be moved by anything to do with Ben these days; but when she looked over at Bonifacio, he wore a smirk like he was enjoying a bad TV show. How he must have hated guys like Ben, Helen thought—lawyers who rode off to Manhattan every morning while he climbed the stairs beside the hardware store and tried to act outraged over whatever sad grievance one of the locals might bring in.
“Here’s the thing to remember, though, Ben,” he said. “It doesn’t all fall on you. If you want to go the noble route, while you’re off in jailwriting your memoirs or whatever, your wife and your daughter will be put out of their house, and any money you have anywhere will be taken away from them faster than you can say ‘mea maxima culpa,’ all right? Now I am sure you would like to avoid their having to suffer for your sins any more than absolutely necessary, and if you want to avoid that, or at least negotiate it, the only way to do so is to find a way to contest the idea of your guilt.”
Ben’s response was an acquiescent sigh. His usual practice was trusts and estates, but at bottom, Helen saw, both men were lawyers, and shared an acceptance of the immutable truth of what Bonifacio was saying.
“So here’s what we do. Ben will be voluntarily committed to an institution in Danbury called Stages, maybe you’ve heard of it, where he will be treated for his chronic depression, bipolar syndrome, attention deficit disorder, panic attacks, alcoholism—”
“I don’t really have a drinking problem,” Ben said.
“Did I ask you if you did?” said Bonifacio, not unkindly. “You’ll recall I said there are two things you need to do, and that’s number one. Now, as to the rape charge.” Helen winced but did not correct him. “It’s my opinion that they know there’s no there there, in terms of evidence, and that their plan is to withdraw the charge before trial no matter what. They just threw it because they know that you’ll never get the stink of it off you. And the reason that’s smart, as I’m sure Ben has figured out, is that it softens the ground for the civil case, which in my opinion is where this whole flaming bag of poo has been aimed from the beginning. We have to start insulating you