“Okay. What do you think? Is it something you can use?”
“Maybe, yeah, I think so. I’ll get it to her lawyer. It’s worth a couple grand and I’ll make sure you get it,” Tony promised. “I don’t have it on me…”
“Hey, I trust you and thanks. I’ll keep digging and see what I can come up with.”
Carvelli stood up, put on his overcoat, folded the papers and placed them in the inside pocket of his coat. As he was leaving, just before he opened the front door, he turned back to Baker.
“Do something for me. When you get a chance, check out a guy that worked at CAR Securities. His name is Robert Judd, with two d’s.”
“Who is he?” Baker asked.
“He’s the victim in our case. It just occurred to me, we need to check him out, too. See what you can find.”
“I’ll do that,” Baker said.
Carvelli scurried back to his car and when he got in it made a call from his cell. He talked to Carolyn, who told him Marc was on the phone but he would be available when Tony arrived.
Ten minutes later, Tony parked behind the Reardon Building. The rain had almost stopped so he walked less hurriedly to the back door of Marc’s office.
“So what did your mystery hacker come up with?” Marc asked Tony after the two men had taken seats in Marc’s office.
Tony removed the report from his coat Paul Baker had typed up for him. He laid it on Marc’s desk, then sat back.
“You can take your coat off,” Marc said.
“I’m still cold,” Tony replied. “Why is it that forty degrees in October is freezing your ass off time but by February forty degrees will feel like a miracle?”
“Minnesota weather. We like to think it keeps the riff-raff out,” Marc answered.
“If only it did,” Carvelli said. Tony stood up, removed his leather overcoat and placed it on the other client chair.
“Okay,” he began when he sat down. “My guy dug a little deeper and he came up with more interesting little tidbits.
“At the end of May, a couple of the CAR guys took a one day trip to Panama. Victor Espinosa and Walter Pascal.”
“A one-day business trip to Panama? Raises some questions, but by itself, not incriminating,” Marc said.
“I’m not done. He also found out that Espinosa went to college at the same place and time as a guy by the name of Pablo Quinones. Quinones is known by the DEA as the number two guy of a southern Mexican drug cartel run by a sociopath…”
“Aren’t they all?”
“…by the name of Javier Ruiz Torres, aka El Callado, the Quiet One. Sounds like he’s watched The Godfather a few times.
“When Victor Espinosa and Walter Pascal made their quick trip to Panama, my guy found out that Pablo Quinones and his boss were there at the same time.
“Cynical ex-cop that I am and cynical lawyer that you are, neither one of us believes this is a coincidence,” Tony said.
“They’re washing money for a Mexican drug cartel,” Marc said.
“Looks like it,” Tony agreed.
“That’s living dangerously,” Marc added.
“Which makes me wonder if Rob Judd found out about this and…”
“We would have another possible motive to kill Rob Judd,” Marc said.
“Unlikely,” Tony said. “If the cartel did it, Maddy would be dead, too. They wouldn’t leave a witness and they wouldn’t take the chance that Rob told Maddy about it.”
“I don’t care,” Marc said leaning back in his chair. “I just want another possibility to point at to create reasonable doubt. It’s not my job to figure out who did it for sure.”
“Is a judge going to let you bring this in without more than just a plane ride for these guys?”
“That’s the question,” Marc said. “Probably not. I need to get one of these guys on a witness stand. This Pascal guy would be the one. He’s the one Rob went to with the problems about the securities fraud. He went to Panama, also. He would know what’s going on.”
“I thought you hit him with a subpoena to testify at your hearing coming up,” Tony said. “What’s it called?”
“A motion to compel. I want those records Rob showed this Pascal guy to show they had motive to kill him. CAR Securities and Gondeck are both fighting it.”
“What do you think?” Tony asked.
“I think we’re going to lose,” Marc said. “I can’t prove any of it without Maddy testifying. Even then, it would be pretty thin. ‘My dead boyfriend told me about this.’ I’m not sure that would be good enough.”
“It looks like you’re fishing.”
“I am fishing,” Marc admitted. “Anything on the waiter?”
“Nothing new. The cops found a thousand bucks in twenties in an envelope that he had in his dorm room. Certainly looks like the payoff he got to drug Maddy. But I haven’t found anyone who can substantiate it. What about the doctor?”
“The doctor can testify she was drugged. We need Maddy to get on the stand to testify that this kid was the waiter at the party who served her. A few days later, he’s dead and the cops found the money. But without Maddy to testify, to draw the link between being drugged, his disappearance and murder and the money, I don’t see Judge Graham even allowing it in.”
“Maddy may have to testify,” Tony said.
“Even if she does, that doesn’t mean she didn’t go nuts and stab and kill Rob. That’s what Gondeck will argue. We need solid motive for our ‘some other dude did it’ defense.”
“We’re running out of time,” Tony glumly replied. “Can we continue it?”
“I don’t think so. I already got one continuance. Gondeck opposed it and made the point that I was the one who wouldn’t waive Maddy’s right to a speedy trial. He said he was ready to go. I’m not sure Graham would go along with it.”
“Now, what?” Tony asked.
“Madeline may have to take the stand and that’s a bad idea. Steve will easily show that everything she says is speculation. She was the one found with the knife in her hand covered in Rob’s blood. And they have pictures,” Marc said. “The rest of it will look like defense desperation.”
“Which is exactly what it is,” Tony said.
“Which is exactly what it is,” Marc agreed.
THIRTY-ONE
Marc, Tony and Maddy were let into the back hallway of the courtroom by Tony’s court deputy friend and the twenty dollar gratuity. When the three of them passed through the security door they almost ran into Steve Gondeck and Jennifer Moore who were also sneaking in the back way. What could have been an awkward moment passed with relief for everyone when Maddy put her hand out to Gondeck.
“Hi, Steve,” she said.
As they shook hands, Maddy added, “I hope you don’t mind if I don’t wish you good luck.”
Amid the mild laughter, Gondeck smiled and started to say, “I just wish I didn’t…”
“It’s okay. I understand,” Maddy said. “Let’s just leave it at that.”
Maddy turned to Jennifer, said ‘hello’ and shook her hand as well.
When they were in the courtroom and seated at their table, Marc turned to Maddy.
“That was pretty classy,” he whispered.
“Oh, not so much,” Maddy whispered back. “I want him thinking about how much he doesn’t want to do what he has to do.”
“You sly little devil,” Marc smiled. “It probably won’t work…”
“But it can’t hurt,” Maddy finished. “Besides, you didn’t see it but I gave him my best bedroom eyes, FM look. That will give him something to think about.”
Marc laughed then said, “You are devious. Remind me to stay on your good side.”
Marc swiveled around in his chair to look at the prosecution’s side. Besides Gondeck and Moore, there were four more lawyers seated at or behind them along the rail. He also noticed two men in business suits in the front row behind them. One of them was Corbin Reed who was leaning forward talking to one of the lawyers. The other
, looking more than a little anxious was Walter Pascal, the man Marc had served with a subpoena to be here today to testify.
Marc heard the doors open and turned to see the small mob of media rushing in. None of the seats had been set aside for them which brought on a mad scramble to get up front. A couple of the more optimistic ones rushed to the rail behind Marc, then shoved microphones at him and tried to ask questions. Marc smiled, gave them his ‘no comment’ and turned back toward the bench.
“All rise,” the court deputy intoned when Judge Graham came through the door behind the bench. It was 9:20 and the normally punctual Graham took a moment to apologize for being tardy. Marc and Steve Gondeck stole a quick glance at each other surprised by Graham’s contrition. It was rare indeed that a judge would apologize for being late onto the bench.
Graham read the case name and court file number into the record. The lawyers all spoke their names and whom they represented, also for the record.
“We’re here on a defense motion to compel discovery from a nonparty business, CAR Securities Management. Is that correct, Mr. Kadella?”
Marc stood and affirmed for the judge that he was correct.
“I have read your pleadings and memorandums and am thoroughly versed in the facts and law of this matter,” Graham continued. “I understand you want to call a witness, Mr. Kadella.”
When the judge said this, Graham’s eyes flicked upward to the courtroom’s entrance. A woman with short, blonde hair slipped in and quietly took a seat toward the back. Holly Byrnes had arrived to keep an eye on the FBI’s CAR Securities’ snitch.
Still standing, Marc confirmed that the judge was correct.
“Okay. Before we get to that does either side have any new or additional facts or case law not contained in your pleadings?”
“No, your Honor,” Marc said. Reading Graham’s almost indifferent attitude, Marc was getting a bad feeling about how this hearing was going to go.
“Mr. Gondeck?” Graham asked.
“No, your Honor.”
“Mr. Kadella, have you taken this witnesses statement or deposition?”
“No, your Honor. He has not cooperated.”
“Is he here?” Graham asked looking over the small crowd.
“Yes, your Honor,” Marc replied.
“Well, let’s get him up here and find out what he has to say.”
Marc called Walter Pascal who stood up along with two other men in fairly expensive business suits. They all came through the gate and Graham held up a hand to stop them.
“Which one of you is Mr. Pascal?” Graham asked.
Walter acknowledged he was and Graham waved him forward.
“You gentlemen must be lawyers for Mr. Pascal and the company he works for along with these others,” Graham said.
“Yes, your Honor,” the older one answered.
“I’ve read your briefs, all two hundred and sixty pages, and now you want to put your objection on the record. Go ahead.”
For the next ten minutes, the older man prattled on basically repeating the same argument presented in the brief submitted to the court. Marc spun around in his chair to face him. The man was barely three feet away, still standing in front of the gate. Marc stretched out his legs, laced his fingers together on his stomach and stared at the lawyer as if he was giving Lincoln’s second inaugural address. Steve Gondeck saw this and quickly turned away to avoid laughing. All the while Judge Graham was acting attentive but thinking, please shut up and sit down.
When he finally finished, Graham politely said, “Thank you, I’ll certainly take that into consideration.” While thinking, if I can remember any of it.
Graham looked at the deputy as the two interlopers returned to their seats.
“Okay. Swear him in and let’s get on with it.”
For the next half hour, Marc and Pascal sparred over Pascal’s knowledge of mortgage-backed securities being held by CAR Securities Management. Pascal denied everything. He denied that Rob Judd had ever mentioned a problem to him. He denied any knowledge or evidence that these securities were not backed by the appropriate mortgages. And he denied Patrick McGarry ever mentioned a problem to him or anyone else at CAR Securities.
Finally, a very frustrated Marc Kadella asked, “Isn’t it true that CAR Securities Management has a serious problem with these mortgage-backed securities?”
“Asked and answered, repeatedly,” Gondeck objected.
“Sustained,” an impatient Judge Graham ruled.
“Isn’t it true,” Marc continued, deciding to roll the dice one more time. “CAR Securities had a significant motive to silence both Patrick McGarry and Robert Judd?”
“Your Honor!” Gondeck almost yelled jumping out of his chair.
“That’s it!” Graham loudly proclaimed. “Don’t answer that,” he told Pascal. “Mr. Kadella, you’re done.”
“Mr. Gondeck, do you have any questions for this witness?” Graham asked.
Still standing Gondeck thought about it for a moment then said, “No, your Honor.”
Pascal was excused and smugly walked back to his seat.
Graham looked at Marc and said, “I am unconvinced that you have made the case that your client’s defense will be harmed if you are not allowed to review what are clearly proprietary documents from CAR Securities. Defense motion to compel compliance with their subpoena duces tecum is therefore denied. I’ll see counsel in chambers.”
Graham left the bench and the media made a scramble for the door. While Walter Pascal was leaving flanked by his two-lawyer escort, he made eye contact with Holly Byrnes. Knowing he had perjured himself, Pascal quickly looked away from her. Even though she was there to make sure he kept his mouth shut, her contempt for him was palpable.
Marc had whispered to Tony and Maddy to wait for him. He then swiveled in his chair to follow the judge.
“You may be in for an ass-chewing,” Gondeck said with a big grin while looking down at Marc, still seated at the defense table.
Marc stood up, shrugged his shoulders and said, “Won’t be the first and won’t be the last time either. I’m sure you’ve had your share, too.”
“Oh, yeah,” Gondeck nodded his head still smiling. “They’re always more fun to watch, though.”
As the two of them, along with Jennifer Moore, were walking through the courtroom, Marc whispered to Gondeck. “Forget the week in Hawaii with her. The deal’s off.”
“Damn. And I was counting on it.”
As Gondeck and Moore were taking their seats, Marc preemptively said, “That man committed perjury at least a dozen times, your Honor.”
Graham had removed his robes, was sitting behind his desk and said, “Okay. Bring me proof and I’ll put him in jail. You didn’t make your case, Marc.”
“You’re not going to bite off his ass for what he did in your courtroom?” Gondeck asked showing his disappointment.
“No,” Graham replied smiling. “You know why?” he asked rhetorically. He pointed at Marc and said, “Because I believe him. I think your guy was lying his ass off in there. How did our Mr. Kadella know these things? You think he just made it all up? His client told him and Rob Judd told her.”
“Your Honor,” Gondeck solemnly began, “if you’re biased I’ll have to ask you to recuse yourself.”
“Relax, Steve,” Graham said. “This case will be decided by what happens in that courtroom. Not by what anyone, especially myself, believes. Okay?”
“Yes, sir,” Gondeck said.
“Now, the reason I brought you back here, I heard from the court of appeals on the TV cameras in the courtroom. I got their decision just before court in an email. That’s why I was late.” While saying this, Graham handed a copy to each of them.
“I’m going to appeal,” Marc said.
“Go ahead, but I’m not granting a continuance. They ruled we could not show prejudice so the cameras are in.”
“Great, I’ll have to get a haircut and shave every day,” Gondeck joked.
> “You can use my makeup,” Jennifer told him.
“He certainly could use some,” Marc zinged him. “I have something else,” Marc said pulling several documents from his briefcase. He handed copies to Graham and the prosecutors.
“And this is?” Graham asked.
“Discovery,” Marc said. “The night of Robert Judd’s murder, my client was surreptitiously drugged. She was slipped a large dose of roofies and LSD, enough to knock out a horse. She was physically incapable of attacking Robert Judd.”
THIRTY-TWO
“No way, no way!” Gondeck loudly proclaimed. “How long have you been sitting on this? No way is this to be allowed.”
“You’ll excuse me, Mr. Gondeck, if I’m the one who asks those questions and makes those decisions,” Graham icily said.
“Sorry, your Honor,” a calmer, chastened Gondeck said.
“What about this, Marc? How long have you been sitting on this?” Graham turned to Kadella and asked.
“Since the murder,” Marc shrugged. “I took her to a doctor that day. They took blood and urine samples and had them checked.”
Gondeck and Jennifer Moore both looked like they were going to say something. Graham held up a hand to stop them.
“They could’ve done the same thing. They still can. I made sure my guy got enough samples and preserved them for additional testing. You can send them to your lab anytime you want, Steve,” Marc replied trying to act as innocent as possible.
“There isn’t enough time,” Jennifer said knowing this argument was weak.
“Yes, there is,” Graham said.
Graham folded his hands together and looked down at his desktop pondering the problem. After a minute he looked up.
“I’ll allow it to come in but as I see it, you have a problem. Unless you can get someone to testify how she was drugged, it’s likely your client is going to have to take the stand. Have you thought about that?” Graham told Marc. “Unless you can bring in the person who drugged her.”
Marc Kadella Legal Mysteries Vol 1-6 (Marc Kadella Series) Page 242
