Counsel (Counsel #1) (15 page)

"Do you keep a diary?"

"I don't, but my secretary keeps one for me."

"So your secretary would know the date of that meeting?"

"She would normally, but Senator Wade called my direct line. I scheduled the meeting myself for a time outside of normal office hours. I don't think I told Shirley… sorry, that's my secretary. I don't think I told her about the meeting."

"So you can't be certain of the date?"

"No, I can't."

"Do you know whether it was before or after February first?"

"I'm not sure."

"I suggest that the meeting took place
after
that date; that the meeting, in fact, occurred after the defendant signed the contract for Fidelity. You and he went through a farcical meeting. It was a bit like shutting the stable doors after the horse had bolted, wasn’t it, Mr. Jones?"

"Objection, conclusion
and
badgering," Tom interjects.

"Sustained." Judge Bolton rules. Tom’s right; it had been pure conjecture on my part, but I’d wondered since hearing about the timing of that meeting whether Justin had instigated it to detract from his deliberate failure to conduct due diligence. I can’t help feeling that he’d probably counted on the fact that the dates would, over time, become vague, therefore allowing him to get away with his ruse.

"Would you tell the court what transpired during that first meeting?"

"Senator Wade outlined the details of the Fidelity contract, and we discussed the costs of buying into the company."

"Were you aware of Fidelity Properties before the defendant brought the company to your attention?"

"No. It’s privately owned, so it would not have been on our radar as a potential investment opportunity."

"Did the defendant provide you with any details on the company?"

"The senator informed me that he’d conducted some basic research. He said Fidelity is in the business of commercial property development and that the company was, at the time, valued at just under half a billion dollars."

"Did you not consider four hundred and twenty thousand dollars for a thirty percent share in a half billion dollar company low?"

"I did."

"Did you raise this fact with the defendant?"

"I did, and he said that Mr. Cordi felt he had a lot to offer the company."

"Did you ask what that was?"

"Well, no, it would have been rude. The senator’s a very smart and very well connected man. I simply assumed that Mr. Cordi valued his keen mind and connections."

"Did it not seem strange to you, knowing the defendant's high level of intelligence and the fact that he is a trained lawyer, that he would
not
question Mr. Cordi’s willingness to practically gift him a significant share of his business?

"It did, but…"

"Objection, Your Honor, asked and answered," Tom calls out.

"Sustained. Move on, Counselor."

"Mr. Jones, why did your company not conduct a thorough due diligence of Fidelity Properties? Why did you not uncover the existence of the nightclubs owned and operated by Sigma, a subsidiary of that company?"

Jones flushes bright red and runs a finger around his shirt collar. "I understood that the senator didn’t require us to conduct due diligence."

"Are you saying that you, a senior partner in a highly reputable accounting firm, went along with a suggestion that it was
not necessary
to conduct a proper investigation into a company before becoming an owner?"

"As I've said, Senator Wade indicated that it was not necessary."

"Mr. Jones, did you willingly go along with the defendant's suggestion?"

"As I said…"

"Yes or no, Mr. Jones, did you or did you not
unquestioningly
go along with the defendant's suggestion?"

"No, I did not."

"What did you say to counter the defendant’s suggestion?"

"I advised Senator Wade that it would be in his best interests to adhere to normal practices."

"And what was his response?"

"He said he'd take care of his own best interests."

"That's it? He said he'd take care of his
own
best interests?"

"Asked and answered, Your Honor," Tom interjects.

"Sustained." Judge Bolton replies. I move on, undeterred by the adverse decision. In my view, I’ve successfully managed to raise doubts about Justin’s motives. Now I just have to cement those doubts in the juror’s minds.

"Mr. Jones, did you not think it strange that the defendant, a trained lawyer, would suggest it unnecessary to conduct a thorough investigation into a company he was considering becoming a part owner of?"

"Well…"

"Yes or no, Mr. Jones?"

"I did."

"In your many years of experience with clients, especially learned ones such as the defendant, did you view his directive as unusual?"

"Yes. Clients generally prefer more rather than less investigation into potential business acquisitions."

"Your Honor, I have no further questions," I announce. Tom declines to redirect, Connor Jones is excused, and Judge Bolton calls for a short recess.

Jon calls just as we’re about to re-enter court.

"You should know that Mick O'Flaherty appears to have skipped town," he says after a brief greeting.

"Why would he run
now
?" I ask.

"We've uncovered information on the Riviera girl, which he may have gotten wind of."

"What is it and why the hell would he care?"

"It seems that O'Flaherty and Perez may be involved in Maria’s abduction. We're checking our leads now, but we believe they’ve both absconded."

"I can't talk about this now, we’re about to walk into court. Can we meet later tonight or tomorrow morning?" I ask.

"Sorry, I'll be out of town for a couple of days following up on these leads. I'll contact you as soon as I get back, okay?"

"Sure, Jon. Take care."

"Will do," he says and hangs up.

"What was that all about?" Jodi asks.

"Jon’s unearthed information that implicates O’Flaherty and Perez in Maria’s abduction. O’Flaherty, it seems, has fled."

"Oh! Well, this will be interesting," she replies just as her phone rings.

"It’s Jon," she announces.

"Talk to him; I’ll go ahead," I say, already walking away."

Minutes before court is due to resume, a young man approaches the defense table to quietly confer with Tom. Their faces are partially obscured, making it difficult for me to see what's being said, but Tom looks distinctly agitated. When the man leaves, he turns to speak with Justin and his co-counsel. It appears that O'Flaherty’s, indeed, made a run for it.

Court is called to order, and O’Flaherty’s name is called several times. He doesn’t appear.

"Counsel?" Judge Bolton questions Tom impatiently.

"Your Honor, permission to approach?" he asks. We both make our way forward when Judge Bolton beckons.

"Your Honor, Michael O’Flaherty, a key witness, has failed to appear. I need to confer with my client."

"Do you have other witnesses to call, Mr. Martin?"

"None, Your Honor. Michael O'Flaherty was to be our last."

"Mr. Thorne?" Judge Bolton turns to me. I could object, and the court then has the choice to uphold or overturn my objection, but I have nothing to gain by doing so, and my job is not simply to prosecute. An integral part of my responsibility is to ensure that justice is served. For that to happen, Defense must be granted the best opportunity to prove their client's innocence.

Tom seems surprised when I don’t object, but then he’s never understood my motivation in becoming a prosecutor and probably never will.

"How much time do you need, Mr. Martin?" Judge Bolton asks.

"My client and I need sufficient time to discuss and consider our position, Your Honor."

"You're testing the court's patience, Counsel. You do realize that I could simply call for closing arguments, don’t you?" he replies testily.

"I do, Your Honor; but I ask that the court makes its decision in the best interests of my client," Tom diplomatically replies. Judge Bolton nods curtly and motions for us to step back.

"Court will reconvene at ten a.m. tomorrow morning," he announces.

"What do you think they’ll do now?" Jodi asks on our way back to the office.

"He may have another witness up his sleeve, or as a long shot, they could decide that Justin should take the stand."

"Do you
really
think he’d do that?"

"Defense counsels rarely take the risk; but to be honest, in this case, it may be their last and possibly best hope. Justin can be extremely persuasive.

"How do you feel about cross-examining him?"

"I came to the realization a long time ago that no matter what my personal feelings, I have to do my job. I’ve managed, since then, to inure myself against getting too personally involved."

"What made you reach that conclusion?"

"In one of my early cases, I had to prosecute a man who molested and then brutally murdered a young girl."

"Oh…" Jodi exclaims, looking appalled.

"That case tore at my heart strings and truly challenged my ability to remain objective, but with Bristly’s guidance, I realized that if I couldn’t remain impartial, I wouldn’t have a chance of getting justice for that little girl and her devastated family. Prosecuting Justin Wade doesn't come close to the emotional conflict I faced then. "

"I don't know if I could face something like that," she says, looking genuinely stricken.

"You can and will. Every prosecutor, at some stage, comes up against a case that touches him or her personally. You'll be fine when your time comes. You truly care about the victims, and you're a brilliant prosecutor," I tell her honestly.

"Thanks," she says almost bashfully. "I guess we'll find out tomorrow if he takes the stand or not."

"Yes, but whatever happens, we're ready." I smile, acknowledging her modesty.

"Do you need me to listen to your closing?" she offers.

"Thanks, but I'll be fine. I'll go over it at home tonight."

"Just call if you need me, Adam."

"You have a free night now that Jon's away?" I tease. "Seriously, though, I'm thrilled for both of you," I add, smiling to let her how genuinely happy I am about their budding relationship.

"Thanks. He's a truly a great guy, but we're just getting to know each other. We're taking it slow."

"Nothing wrong with slow, but I know it won't be long before you're ready to move things along. You're perfect for each other."

"I know." She smiles bashfully. We part ways outside her office with the promise to meet early the next morning.

Cait calls before I leave for home to confirm her pregnancy, and after an excited and emotional conversation, we agree on a weekend celebratory dinner.

Mom calls soon after, practically jumping out of her skin when talking about her and Dad's joy at becoming grandparents. She’s thrilled about our planned family celebration and asks about the case. When I tell her I'm about to rehearse my closing argument, she says goodbye with a gentle, parting shot. "Of course, there's only one thing that would make me happier."

"What's that?" I ask.

"If
both
of my children made me a grandmother."

"I’ll see you on Saturday," I reply, laughing lightly. "I love you; tell Dad I say hi." I may have dismissed the subject out of hand, but it doesn’t stop the tiny pang of longing.

I stay up pretty late going over my closing argument and preparing various contingencies for different approaches I think Tom may adopt in the light of O’Flaherty’s no-show. Despite the late, I should probably say early hour, I set my alarm in time to go for a run because I want to be sharp tomorrow.

We arrive at court early, but not early enough to dodge the gathering media whose anticipation, it appears, is at an all-time high.

"Mr. Thorne, do you think you'll gain a conviction?" a female reporter asks.

"Adam, this way!" a male voice yells out.

"Guess this is the end of your friendship with the senator, Adam?" a third snidely suggests.

"The jury will decide the outcome of this trial," I respond evenly, grasping Jodi’s arm to steady her as we jostle our way through the over-eager group.

"What a circus!" she mutters, peering over her shoulder as we enter the lobby. I turn to see Justin and his entourage struggling to make their way in. Cynthia clings to his arm like a limpet while cameras and microphones are pushed into their faces. I can hear the shouted questions from here. Justin ignores them, jaw firmly clamped shut as he moves through the melee. They make it to the door just as I turn to lead Jodi toward the courtroom.

.

.

A buzz breaks out in court when Justin is called to the stand, and Judge Bolton calls for order.

I’m not at all surprised. There’s no legal requirement for Justin to testify, but he has a right to do so. The decision belongs to a defendant, not his or her attorney or anyone else; so this, I know, is Justin’s choice.

There are advantages and disadvantages in a defendant taking the stand. The advantages are that it provides a forum for him or her to make a personal appeal to the jury and a chance to counter any adverse testimony or evidence. The disadvantages are that a defendant can be cross-examined about
everything
. Prosecutors are generally granted wide latitude, and providing that a defendant had been advised of his or her Fifth Amendment, which includes the right to remain silent, and Sixth Amendment, the right to an attorney before questioning, every statement made to police is admissible and can be used to discredit him or her during cross-examination.

I understand Justin’s decision. The documented evidence against him is pretty conclusive. Testimonies against him have been equally damning, and those speaking in his favor haven't made compelling arguments. He is the only person left who can effectively counter both the evidence and witness testimonies.

He appears calm and resolved as he’s sworn in and then takes his seat in the witness box.

"Senator…how do you prefer to be addressed?" Tom asks.

"I've taken leave of absence from my public duties for now, so I’d prefer to be referred to as Mr.," he replies.

"Thank you, Mr. Wade. Would you please tell the court how and why you chose to become a member of Liaison?"

"I was invited by Mr. Joseph Cordi to meet him and some influential businessmen there."

"Did you know the true nature of the club's business when you accepted his invitation?"

"I did not," he answers decisively.

"What was your first perception of the club?"

"It reminded me of a gentleman’s club I once had the privilege of visiting in London."

"When did you realize it was more than that?"

"I'd been visiting infrequently for months to meet with businessmen whose company I enjoyed. One or more of the hostesses often joined the men, and on that particular occasion, I questioned one of the men at our table about it. He told me that enjoying the company of female employees was part of the benefits of being a member."

"So you were not aware of these benefits when first invited to the club by Mr. Cordi?"

"I was not."

"What was your response to learning this information?"

"I assumed he meant it was purely for company over drinks. I didn't think anything more of it and decided shortly after to join the club myself as I found it a pleasant place to unwind and relax in good company."

"You didn’t seek membership immediately after your first visit?"

"No, despite Mr. Cordi’s attempts at persuading me."

"How soon after gaining membership did you discover the truth about the female company?"

"A couple of weeks after. A man left the table in the company of a hostess and returned alone. He openly discussed the woman's sexual prowess with another man present. I asked a third man whether they’d both dated her. He laughed at my assumption, and then informed me that every female worker at the club was employed to have sex with its members."

"How did you respond?"

"I was shocked, obviously, but I was assured that the women were doing it freely, enjoyed what they did and were well compensated. My companions argued that if the women weren't doing it at Liaison, they'd be doing it in less safe places. They said the club had strict rules and guidelines, which protected both members and female workers."

"What did you do after that?"

"I struggled with the fact that women were being paid to have sex and stayed away, for about a month, I think. I found that I missed the company and stimulating discussions I’d had with some of the people I met there. When I did return, I made sure not to do more than socialize with the females over a drink."

"But things changed, did they not?"

"Yes, I'm ashamed to admit that I did what I swore not to. I succumbed to temptation. What I did was wrong, but I truly started to believe what I'd been told, and my interactions with Ms.Perkins convinced me. It was obvious that she hadn’t been coerced, in fact, she told me just how much she enjoyed her occupation."

Tom then asks the court officer to hand Justin two documents. He asks that they be tabled as Exhibits One and explains that it’s the first page of the contract securing Angelique Bain’s services and Exhibit Two-A, B and C, key pages from the Fidelity Properties Contract.

"Are you familiar with the documents you've just been handed?" he asks Justin.

"I am."

"Could you confirm that the signature on both documents is yours?"

"They both are," he replies without hesitation.

"Would you tell the court why you entered into the contract to secure Ms. Bain’s services?"

"I watched Ms. Bain dance and was instantly captivated. She was different from the other female employees, not just in her dance routine, but also in appearance and demeanor. When she eventually accepted my invitation to join me for a drink, I found her to be charming, bright and refreshingly naive. She’s a beautiful woman, without any artifice, and I wanted to know her, but she left the club shortly after. I questioned Mr. Cordi about her, and his response was that she thought herself above the other women but that she would almost certainly be back. He called me months later to say she’d returned and was working as an escort. I remarked that I’d hate to see her sleep with other men, and he said he had the power to prevent that. He named a price for her company that I think he believed I’d balk at, but I instantly agreed."

"So you paid for Ms. Bain’s company?"

"I did."

"Why, if she was already escorting and available to you, did you decide to enter into a contract for her exclusive services?"

"Joseph Cordi broke his word, and I didn't think she should have to sleep around."

"So you entered into the agreement for Ms. Bain's benefit?"

"Primarily, yes."

"Why did you agree to purchase equity in Fidelity Properties?"

"Joseph Cordi wouldn’t enter into the agreement for Ms. Bain unless I also agreed to his business offer. I tried to negotiate, but he remained adamant that the contract for her was dependent upon my entering into the Fidelity partnership. I agreed for two reasons; firstly, because I couldn’t secure Ms. Bain’s services without doing so, and secondly, because I believe commercial property development to be a sound investment."