Special Circumstances (46 page)

In fact, he handles it pretty well.
“Mr. Daley,” he says, “it’s a standard clause in every life insurancepolicy. Of course, I never thought about the suicide exclusion clause.I was much more concerned with the loss of Mr.
Holmes. We’d certainly miss him and his contribution, but we’re alarge firm with many productive partners.”
So there.
That didn’t go very well. Now for some fun.
“Mr. Patton,” I say, “you have an ongoing social relationship withElizabeth Holmes, don’t you?”
“We’re friends.”
“Would it be fair to say your relationship is more than justfriends?”
“Objection. Mr. Patton’s social life is not at issue here.”
“On the contrary, Your Honor, his social life very much is at issuehere.”
“Overruled.”
“Mr. Patton, would it be fair to say that you and Mrs. Holmes are now‘an item’?”
“I don’t know what you mean.”
“I think you do. You and Mrs. Holmes have a romantic relationship,don’t you?”
“That’s not true. We’re just good friends.” He’s starting to turnred.
“Mr. Patton,” I say in a measured tone, “I’m prepared to introduceevidence that you and Mrs. Holmes have spent more than a few nightstogether in the last few months. And I’m prepared to introducepictures of you and Mrs. Holmes together on a beach in Mexico.” He’svery unhappy.
“I’ll ask you again, Mr. Patton. Do you and Mrs. Holmes have aromantic relationship?”
“All right. We have a romantic relationship. What’s the big deal? Weused to be married.”
“And how long has this romantic relationship been going on?”
He looks away from me.
“For a couple of months.”
I was hoping he’d say a couple of years. I move closer to him.
“Mr. Patton, are you aware that there was a five-million-dollar lifeinsurance policy on Mr.
Holmes’s life?”
“Yes.”
“And are you aware that the policy named Mrs. Holmes as thebeneficiary?”
“Yes.”
“And your former brother-in-law. Perry Guilford, is the firm’sinsurance agent, right?”
“Yes.”
“And he was the insurance agent for Mr. Holmes, right?”
“Yes.”
“Mr. Patton, isn’t it true that your former brother-in-law told youthat Mr.
Holmes was going to change his life insurance policy after he and Mrs.Holmes separated? And isn’t it true that your girlfriend, Mrs. Holmes,was going to be removed as a beneficiary of that policy?”
“I haven’t the slightest idea what you’re talking about, Mr. Daley.”
Sure. I’m convinced.
“You’re friends with your partner, Charles Stern, right?”
“Yes.”
“And are you aware that Mr. Holmes had asked Mr. Stern to draft anamendment of Mr. Holmes’s will when his marriage was on the ropes?”
He doesn’t deny it.
“Yes.”
“And you were aware that as soon as Mrs. Holmes filed for divorce, shewas going to be written out of the will, right?”
He takes off his glasses.
“Once again, Mr. Daley, your jump in logic is nothing short ofremarkable. I had no idea what the will said before Mr. Holmesdied.
It was none of my business. And if you’re suggesting that I had somefinancial motivation to kill Mr. Holmes, you’re crazy.”
“That is exactly what I’m suggesting, Mr. Patton. If Mr. Holmescommitted suicide, the firm was going to lose twenty million dollars.And you will be forever known in the legal community as the managingpartner who presided over the dissolution of what was once the largestand most profitable law firm on the West Coast.”
“Objection. Mr. Daley has started his closing argument a littleearly.”
“Sustained.”
“Mr. Patton, how much money will the firm get from the life insurancepolicy if they can pin this crime on Mr. Friedman?”
“Objection. Argumentative.”
“Sustained.”
I rephrase the question.
“Twenty million dollars.”
“And how much money was your girlfriend, Mrs. Holmes, supposed to getunder the terms of the will that Bob Holmes was about to change justprior to his death?”
“Objection.”
“Overruled.”
“Five million dollars.”
“And how much money was Mrs. Holmes supposed to get from the lifeinsurance policy that he was about to change just prior to hisdeath?”
“Five million dollars.”
“So, Mr. Patton, isn’t it fair to say that you had about thirtymillion reasons to hope Mr. Holmes died? Especially if it was amurder, and not a suicide?”
“Objection. Argumentative.”
“Sustained.”
“Come on, Mr. Patton. You had all the incentive in the world. Youhad a chance to save the firm. You had a chance to help yourgirlfriend. You’d look like a hero. What more could you want?”
“Your Honor,” Skipper wails.
“Move to strike.”
“Sustained,” Patton is starting to foam.
“Look, you little jerk,” he blurts out, “I’m going to haul you intocourt and sue you for slander. These preposterous, unsubstantiatedcharges…”
“Your Honor,” I say calmly, “would you please instruct the witness thathe is supposed to answer questions and not make speeches.”
She pounds her gavel and looks at him.
“Mr. Patton,” she says, “please.”
He manages to bluster, “Yes, Your Honor.”
“Mr. Patton,” I say, without looking at him, “what was yourrelationship with Diana Kennedy?”
“She was an associate at our firm,” he says.
“Was she a good lawyer?”
“Yes. She got very good reviews.”
“And did she get good reviews in bed, Mr. Patton?”
“Objection.”
“Sustained. Mr. Daley, please.”
“I’ll rephrase. Mr. Patton, isn’t it true that you thought Ms.Kennedy was very attractive?”
“Everyone at the firm would probably agree that Ms. Kennedy was veryattractive.”
“And isn’t it a fact that you asked her out on several occasions?”
“No. That would have been inappropriate.”
“Really, Mr. Patton? Your colleague Mr. Holmes apparently came outthe other way on that particular moral dilemma.”
“I wasn’t privy to Bob’s private life.”
“But you were attracted to her, weren’t you?”
“She was a professional colleague. Nothing more.”
Sure.
“Mr. Patton, isn’t it true that you asked her to sleep with you at thefirm retreat last year?”
Skipper leaps up.
“Your Honor, for Cod’s sake,” he cries.
“Your Honor,” I say, “it’s a completely relevant question.”
“Overruled. The witness will answer.”
“No,” Patton says.
“I did no such thing.”
“Isn’t it true she left your party because you wouldn’t leave heralone?”
“Absolutely not.”
“Isn’t it true you followed her back to her room and attacked her?”
No.
“Mr. Patton, isn’t it true the firm has had to pay four multimillion-dollar settlements to female associates who have accused you of sexualharassment?”
He glares at me. Then he looks helplessly at Skipper.
“Isn’t it true, Mr. Patton?”
He mutters through clenched teeth, “The firm has settled various casesinvolving unsubstantiated charges. We decided we didn’t want thepublicity or the trial costs.”
Right. I glance at the phone company supervisor. I get right backinto Patron’s face.
“Isn’t it true that Ms. Kennedy made a claim against you for sexualharassment? And that you were negotiating a substantial settlementwith her?”
“No.”
“Isn’t it true she threatened to go to the newspapers if the firmdidn’t agree to her demands?”
“No.”
“Mr. Patton, if you don’t start telling the truth, I’ll call witnesseswho will.”
He addresses the jury.
“Mr. Daley’s claims are entirely without merit.”
“Mr. Patton, isn’t it true that you killed Diana Kennedy because shethreatened to expose your pattern of sexual harassment to the media?And isn’t it true you killed Bob Holmes because he threatened you withexpulsion from the firm because of your escapades? And so that thefirm and your girlfriend could collect the insurance money?”
His response is concise, the tone incredulous.
“No, Mr. Daley. That is not true.”
Patton eyes the jury. I look at Rosie. She closes her eyes.
I look at the ceiling and exhale melodramatically.
“No further questions.”
CHAPTER 54
I NEED HER TO CALMLY ASSASSINATE ALL OF THE PROSECUTION’S KEY
WITNESSES
“The defense is still battling uphill. Mr. Daley has done a decentjob so far.”
—news center 4 LEGAL ANALYST morton goldberg. tuesday, april 14.
“My name is Doris Charlotte Fontaine.”
“What was your relationship to Robert Holmes?” I ask.
“I was his secretary.”
At ten-thirty the next morning, Doris is dressed in her finestschoolmarm attire: a navy blue dress, a small, decorative pin and aminimal amount of makeup. Her glasses hang from a small gold chainaround her neck. I want her to project the very embodiment of thevoice of reason. In the simplest terms, I need her to calmlyassassinate all of the prosecution’s key witnesses. And I want Skipperto look like an arrogant ass if he tries to interrupt her.
“Ms. Fontaine,” I begin, “could you please tell us how long you workedfor Mr.
Holmes?”
She smiles politely. Nice touch, Doris.
“Twenty-two years. From the day he started.”
“I see. You must have been very close.”
Skipper starts to stand, then stops. Good idea. It’s too soon to becombative.
“We were. We’d been through a lot together.”
“It’s unusual to see such loyalty.” I remind myself not to let thingsget too thick.
“Ms. Fontaine,” I continue, “could you please tell us where you wereon the evening of December thirtieth?”
“Of course. I was in the Simpson and Gates offices, assisting Mr.Holmes on a big closing.”
“How many people were working on the deal?”
She bobs her head back and forth as if she’s counting.
“Probably about fifty,” she decides.
“When did you go home?”
“Around eight o’clock. We were having a going-away party for Mr. Gatesthat evening.” She looks at Skipper.
“I stopped by for a few minutes. I live out in the avenues. I gothome around nine.”
She’s hitting the right notes. The jury seems to like her.
“Ms. Fontaine,” I continue, “could you please describe Mr. Holmes’smood that night?”
“Objection,” Skipper says.
“State of mind.”
“Your Honor,” I say, “I’m not asking for a medical determination. I’masking her to describe her observation of his mood, based upon her manyyears of experience working with him.”
Judge Chen gives Doris a small smile.
“Overruled.”
Doris says Bob appeared extremely upset that night. The deal wasn’tgoing well.
“We weren’t sure Mr. Russo would authorize us to proceed with theclosing,” she says.
“He was worried about his bonus. Wouldn’t you be upset?” she asksrhetorically. Skipper could object to her asking a question, butwisely chooses not to.
“Ms. Fontaine,” I continue, “is there any other reason why Mr. Holmesmay have been upset?”
“Yes. Mrs. Holmes served him with divorce papers.” She says he wassurprised and repeats that he was very upset.
“Do you know what caused the breakup of their marriage?”
“Mr. Holmes was seeing another woman. She threw him out.”
“Do you know who that other woman was?”
“It was Diana Kennedy.”
“You’ve testified Mr. Holmes was surprised and distraught when thepapers were served. Shouldn’t he have expected it? He was seeinganother woman and his wife threw him out. Why would he have beensurprised when Mrs. Holmes served him with divorce papers?”
“He tried to reconcile with his wife because Ms. Kennedy had told himshe didn’t want to see him anymore.”
“Ms. Kennedy broke off their relationship?”
“Yes. Emphatically, I might add.” She’s doing better than she did inour rehearsals.
“So,” I say, “after Ms. Kennedy dumped him, he tried to reconcile withhis wife?”
“Yes. It didn’t work out. In late December, Mrs. Holmes’sinvestigator caught him with another woman.”
“Was it Ms. Kennedy?”
“No. It was a different woman. That’s when she decided to file thedivorce papers.”
A half hour later, we are still discussing Bob’s love life.
“Ms. Fontaine,” I say, “are you sure Mr. Holmes and Ms. Kennedy wereno longer seeing each other on December thirtieth?”
“Yes, Mr. Daley. I was always aware of the women in his life. Fromtime to time, Mr. Holmes asked me to cover for him.”
“You mean he asked you to make up stories so Mrs. Holmes didn’t findout about his affairs?”
“Yes,” she replies quietly.
“Can you identify the woman he was seeing in late December?”
“He never mentioned her name. He said he’d tell me when the time wasright.”
“Could it have been Diana Kennedy?”
“No.”
I pause.
“Was it Dr. Kathy Chandler?”
“I don’t know.”
“Let’s switch gears,” I say.
“Were you aware that Joel Friedman and Diana Kennedy had beenromantically involved at some point in the fall of last year?”
“No, I wasn’t.”
“It’s been suggested Mr. Friedman and Ms. Kennedy were still involvedin late December. Do you have any knowledge of that?”
“No.”
“It’s also been suggested that Ms. Kennedy informed Mr. Friedman onDecember thirtieth that she was seeing Bob Holmes. Do you have anyknowledge of that?”
“No, sir, I don’t.”
“Well, Ms. Fontaine, would it surprise you to find out severalwitnesses in this courtroom have suggested Mr. Friedman killed Mr.Holmes because Ms. Kennedy dumped Mr. Friedman in favor of Mr.Holmes, and he was jealous?”
“Objection. Speculative.”
“Overruled.”
Doris tugs at her hair.
“Yes, Mr. Daley, that would surprise me. Ms. Kennedy’s relationshipwith Mr. Holmes was over. There was nothing for Joel to be jealousabout. How many times do I have to say it? Diana broke up with Bob inthe beginning of December.”
“Thank you, Ms. Fontaine.”
“Ms. Fontaine,” I say a little later, “let’s talk a little bit aboutVince Russo’s deal.”
She explains that Russo wasn’t happy about selling his father’sbusiness.
“There was great doubt as to whether it would close,” she says.
“Ultimately, it didn’t and Mr. Russo disappeared.”
“Was Mr. Russo distraught on the evening of December thirtieth?”
“Objection. State of mind.”
“Sustained.”
“I’ll try it another way,” I say.
“How long have you known Mr. Russo?”
“About ten years.”
“Did he spend a lot of time at the S and G offices?”
“Yes. He was in the office at least twice a week.”
“Based upon your knowledge as an acquaintance of Mr. Russo for aboutten years, did it appear to you that Mr. Russo was distraught on theevening of December thirtieth?”
Skipper starts to stand, but McNulty stops him.
“Yes,” Doris says, “he appeared very unhappy about selling hiscompany.”
“I see. And could you please describe Mr. Russo’s behavior thatnight?”
“Erratic. At one point while I was standing outside the mainconference room, Mr. Russo stormed out the door while he was screamingat Mr. Holmes. He was angry because he had been told that thepurchase price for his company was going to be reduced by forty milliondollars.”
No reaction from the jury.
“Is it fair to say Mr. Russo was extremely upset that night?”
“Yes.”
Rosie nods. Time to move on. Judge Chen interrupts me to ask how muchlonger I’ll be questioning Doris. I say a couple more hours. Shedecides to adjourn for lunch.