Counsel (Counsel #1) (11 page)

Over the following days, I have little time to think of anything other than work. At night, however, even on those occasions when I come home feeling mentally exhausted, my mind returns to that conversation. I find myself thinking that Eleanor's actions might well have been borne out of love and some misguided idea of protecting me. It does little to assuage my feelings of hurt and abandonment, though, or the memories of listening helplessly while she was being hurt. Nor does it lessen my anger and resentment at the memory of the hunger and neglect I suffered when she’d been too drunk or drugged to care for me.

Those feelings may always linger, but I’ve started to view them differently. In time, I hope to forgive Eleanor, absolve myself of guilt, and let go of my anger. Mom’s right, I have to leave that shit behind.

The day of Justin’s trial finally arrives, and Jodi and I are first to arrive at court. Early in my career, Bristly gave me what I view as invaluable advice; know as much as you can about the presiding judge, gain the respect and cooperation of court personnel, check out an unfamiliar venue, and finally, always arrive before your opponent. "It exhibits confidence and that you’re ready," he said.

Standard procedures and rules govern courtroom behavior, but every judge has his or her preferences and idiosyncrasies that they introduce to their courtrooms. Judge Bolton, who is presiding over this trial, is very set in his ways and forbids attorneys from entering the well without permission or moving around while court is in session, so, I'll be addressing court from in front of the prosecution table. I prefer the freedom to move around because I believe impacting the jury is not just about what you say, but also about what you do. For me, that includes where I walk, where I stand or which juror I choose to make direct eye contact with when making a particular point. A good trial attorney should be like a good actor, well rehearsed, but open to improvisation. Abiding by Judge Bolton’s rules is just another improvisation.

"All set," Jodi announces as we finish checking the audio-visual equipment. With just over half an hour to proceedings, we agree to make a quick restroom stop and meet back here. A familiar voice calls my name as I make my way back.

"I didn't expect to see you here," I turn to greet Jon.

"I couldn’t miss the start of these trials. I can only stay for one session, though."

"It's great to have you here," I tell him, clapping him on the shoulder.

Jodi’s already seated, and much to my surprise, after quickly glancing around, Jon leans in to kiss her cheek. I smile at the sheepish look he gives me, resisting the urge to tease either or both of them.

We’re chatting about the Bonacci evidence and its impact on our cases when Jodi draws my attention to the defense contingent’s arrival. Court is called to order a short time later.

I take up my position when invited to make the prosecution’s opening address. "Good Morning, Your Honor, Counsels, Ladies, and Gentlemen of the Jury. My name is Adam Thorne, and it is my privilege to represent the Commonwealth in this trial."

"The defendant, Justin Wade, stands charged with three crimes under the Commonwealth’s prostitution laws; namely, that of sharing in the earnings of prostitution, procuring persons to enter into a place of and practice prostitution, and keeping a house of ill fame.

"He is a man educated in and one who has sworn to uphold the law. He is an elected official and holds a position of trust in our community. He is a man who should have known better,
done
better than flout the very laws he swore to uphold. Yet the defendant, supposedly a pillar of our community, did just that.

"During the course of this trial, the Commonwealth will prove that the defendant
willingly
entered into the agreement granting him equity in Fidelity Properties. We will prove that Fidelity owns a chain of nightclubs, from which a sophisticated and very profitable prostitution business was run." I pause, allowing my gaze to linger on a juror I know to be the mother of girls.

"He became part owner of a business that deliberately and callously targeted and enticed young, often vulnerable, women into selling their bodies into prostitution. In some instances, those exploited were no more than seventeen years of age, still children in the eyes of the law," I say before looking away.

"Defense Counsel will, no doubt, seek to convince you that his client had been unaware of the true nature of Fidelity’s business. Justin Wade, he will claim, had been deliberately misled.

"We will prove the contrary. We will provide
indisputable
evidence that the defendant knew about the illegal nature of at least
one
of the nightclubs owned by Fidelity when signing the agreement granting him ownership. We will prove not only that he had been
aware
of the prostitution conducted from that establishment, but that he also
participated
in its criminal activities. We will prove that he shared in the profits of prostitution. The Commonwealth, Your Honor, Ladies, and Gentlemen, will prove, without doubt, that Justin Wade is guilty of the charges brought against him."

Satisfied that what I’ve said has resonated with the jury, I thank the court. My gaze locks with Justin’s when returning to my seat. His face is pale and impassive, but his eyes reflect a mixture of shame and anger. I understand his reaction to what he’s been forced to listen to, at having his family, friends and electorate hear it, and I can’t deny the momentary pang of regret I feel that his life, which held so much potential, has come to this.

Tom rises to his feet to deliver his opening address.

"My client does not dispute the documented evidence that the prosecutor will, no doubt, present during this trial, Your Honor, Ladies, and Gentlemen; but we will show that he was misled. Mr. Wade had no knowledge of Fidelity Properties’ illegal dealings until police revealed the fact during their questioning of my client. He is yet another victim of Joseph Cordi, who deliberately set out to deceive my client for the sole purpose of capitalizing on his and his family's esteemed reputations to advance his nefarious business interests.

"Mr. Wade entered into the Fidelity contract in
good faith
; he entrusted reputable professionals with the task of conducting investigations into the company
before
signing the contract to purchase equity. The
sole
reason my client entered into the contract was because he believed property development to be a sound financial investment.

"The prosecutor has spoken of and will, no doubt, present evidence of my client having availed himself of the sexual services on offer at a particular nightclub. My client is human like all of us, and he succumbed to human weaknesses like many of us; but he is
not
on trial for soliciting for sex.

"My client, Your Honor, Ladies, and Gentlemen, is innocent of the charges brought against him," he concludes.

His statement contained no surprises. He’s acknowledged the weight of evidence against Justin, claiming that he’d been taken advantage of, as we expected he would. He’s cleverly sought to neutralize Justin’s participation in prostitution as a failure of moral judgment. He was correct in his assertion that Justin has not been charged with soliciting, but I don’t intend to present the fact that he’d engaged in sex at Liaison as a crime. I intend to use his actions as indisputable evidence that he’d had first-hand knowledge of Joseph’s prostitution business
prior
to entering into the agreement for Fidelity; that
despite
that knowledge, he chose to enter into a business partnership with a man he knew to be a criminal.

Judge Bolton waits until court has settled once more before inviting me to make the Commonwealth’s case. I nod to the court officer, giving him our prearranged signal to turn on the audio-visual equipment. "Your Honor, if the court pleases, we’d like to present visual evidence," I request permission to step into the well. He inclines his head.

"What you see before you, Your Honor, Ladies, and Gentlemen, is Exhibit One-A, the first page in the agreement between the defendant, Justin Wade, and Joseph Cordi for the purchase of equity in Fidelity Properties. Until the signing of this agreement, Mr. Cordi had been the sole owner." I direct a laser pointer at the screen, highlighting the relevant information.

"I ask that you note the key points; namely, the identities of the parties to the agreement, the thirty percent equity that is being agreed upon and the four hundred and twenty thousand dollars charged for a third share in a company, valued at close to half a billion dollars.

"These facts will have bearing on later evidence you will see and testimony you will hear." I pause, waiting as jurors take notes and change the visual only when they've all stopped writing.

"This is Exhibit One-B, which, as you can see, bears the signatures of Justin Wade, the defendant, and Joseph Cordi. I ask that you also note the name of the witness to the agreement as one, Carmen Bonacci, and the date the agreement was signed as February first, two thousand and thirteen.

"This next page is tabled as Exhibit One-C. It is a listing of Fidelity Properties' assets, which had been appended to the contract. Please note this line, which simply reads Sigma…. right here." I pause, highlighting the relevant place.

"This information will prove vital to testimony you will later hear." When the last juror finally raises his head, I continue.

"Your Honor, if it pleases the court, we call Professor Janice Robertson."

She’s sworn in and when I ask, states her name, occupation and her specialty as corporate governance. Under questioning, she confirms that Justin, a qualified lawyer, would have been required to study contracts law. A key component of that, she informs the court, is learning about the importance of due diligence.

"Would you explain what due diligence is, Professor?" I ask.

"It’s a process undertaken to confirm material facts relating to a business, person or persons before entering into a contract. In terms of conducting investigations into a company, key areas are taught as being critical. They include verifying the company’s legal status, scrutinizing its finances, inspecting its physical assets, the existence of any leasing agreements, and contractual obligations. It is also imperative that potential buyers obtain guarantees that information provided during negotiations is complete and accurate. In reality, due diligence is nothing more than common sense."

"It’s nothing more than common sense," I repeat because it’s a good thought, exactly what I want to leave embedded in jurors’ minds.

Prompted by me, she asserts that, as a trained lawyer, Justin would have known of the need to conduct thorough due diligence before signing the Fidelity agreement, and that verifying the ownership and assets of a company are critical to ascertaining its legitimacy and value.

Under cross-examination, Tom predictably asks whether it is possible that certain things may be overlooked or remain undiscovered.

"It is possible but not highly probable…" She says, but he interjects.

"Please restrict yourself to answering only the question asked, Professor," he directs. "Is it
possible
for pertinent information to be overlooked?"

"It is," she concedes.

"Thank you. Your Honor, no further questions," he announces.

"Professor Robertson, would you tell the court under what circumstances, in your expert opinion, something as crucial as verifying a company's assets may be overlooked?" I then ask.

"It is possible but highly unlikely if standard processes are adhered to and conducted by someone who knows what they’re doing."

I pose my final question then, one I 'd always intended to ask during redirect because
this
is the last piece of information I want the jury to retain.

"Given that errors can occur in due diligence, should ignorance or oversight absolve anyone who’s signed a legally binding contract from blame for any resultant wrongdoing within a company?"

"It may well be a mitigating factor, but it does not absolve an owner, director or executive of a company from responsibility or liability. Companies can only act through individuals and can, consequently, only be held responsible through the individuals who own or operate them. Failure to perform one’s duty or ignorance should not, in my view, be used to argue against blame or culpability," she replies.

Paul Ryan takes the stand next and, once sworn in, I ask preliminary questions about his role as General Manager of Fidelity before focusing on Justin’s association with the company.

"Mr. Ryan, would you please describe the circumstances whereby you first discovered the defendant's ownership status?" I ask.

"Mr. Cordi advised the executive team of the changed ownership status at our management meeting at the beginning of April, two thousand thirteen."

"Would you clarify which Mr. Cordi you are referring to?"

"Mr. Joseph Cordi."

"Can you recall exactly what he said about the matter?"

"He simply notified us that the business had acquired a new owner, then went on to say that Senator Justin Wade owned a thirty percent share of the company."

"Who else was told?"

"I'm not sure exactly how many people were told. The company isn’t publicly listed, and Senator Wade's shareholding didn’t impact on operations, so there hadn’t been any reason to make formal announcements. We didn't necessarily hide the fact, but Mr. Cordi decided not to publicize it."

"Did you not think that strange, Mr. Ryan?"

"I might have thought it a bit unusual, but I wasn’t overly concerned. Mr. Cordi can be unconventional at times, and Fidelity
is
a privately owned company. There were no legal requirements to make a public announcement."

"Have you met the defendant?"

"Senator Wade attended an executive meeting after the announcement."

"
An
executive meeting? So you’ve only met the defendant once?"

"That's correct."

"Did the defendant actively participate in that meeting?"

"He didn't have much to say, but he did ask to be sent the executive financial pack each month."

"Would you explain what this pack is, please?"

"It comprises the profit and loss, balance sheet, cash flow statements and a management overview and status report. The pack was forwarded to Senator Wade and Mr. Cordi by the end of the second week of each month."

I illuminate the first page of the report mentioned. "Your Honor, Ladies, and Gentlemen, this document is cataloged as Exhibit Two-A. It’s Fidelity Properties’ profit and loss report for April, two thousand and thirteen.

"It’s essentially an account of income and expenditure. Fidelity’s income, as you can see, is reported as originating from three areas. Leasing and Rentals, which is self-explanatory and Asset Sales, also readily understood, are expected revenue streams from an organization that lists itself as being in the business of commercial property development.