He labored over the chart as the courtroom fell silent. The only sound was the death rattle of an ancient air conditioner that proved no match for a Philadelphia summer. It strained to cool the large Victorian courtroom, one of the most ornate in City Hall. The courtroom was surrounded by rose marble wainscoting and its high ceiling was painted robin’s-egg blue with gold crown molding. A mahogany rail contained the jury, and I stole another glance at them. The old woman and the pregnant mother in the front row were with me all the way. But I couldn’t read the grim-faced engineer who’d been peering at me all morning. Was he sympathetic or suspicious?
“I’m done,” Costello said, and thrust the exhibit at me in a Speedy Gonzales fit of pique. We don’t need no steenking badges.
“Thank you,” I said, meaning it. It was a mistake not to keep the exhibit. You’ll see why. “Mr. Costello, have you had an adequate opportunity to read Joint Exhibit 121?”
“Yeh.”
“This isn’t the first time you’ve seen these documents, is it, sir?” My voice echoed in the empty courtroom. There were no spectators in the pews, not even the homeless. The Free Library was cooler, and this trial was boring even me until today.
“Nah,” Costello said. “I seen it before.”
“You prepared the memorandum yourself, didn’t you?”
“Yeh.” Costello shifted in the direction of his lawyer, George W. Vandivoort IV, the stiff-necked fellow at the defense table. Vandivoort wore a pin-striped suit, horn-rimmed glasses, and a bright-eyed expression. He manifested none of the grief of a man who had buried his own mother only days ago, which was fine with me. I had rehearsed enough grief for both of us.
“Mr. Costello, did you send Exhibit 121 to Bob Brown, director of operations at Northfolk Paper, with a copy to Mr. Saltzman?”
Costello paused, at a loss without the memo in front of him. Who can remember what they just read? Nobody. Who would ask for the memo back? Everybody except an Italian male. “I think so,” he said slowly.
“And you sent Mr. Rizzo a blind copy, isn’t that correct, sir?”
He tried to remember. “Yeh.”
“Just so I’m clear on this, a blind copy is when you send a memo or letter to someone, but the memo doesn’t show that you did, isn’t that right?” A point with no legal significance, but juries hate blind copies.
“Yeh. It’s standard procedure to Mr. Rizzo, Mr. Dell’Orefice, and Mr. Facelli.”
Even better, it sounded like the Mafia. I glanced at one of the black jurors, who was frowning deeply. He lived in Southeast Philly on the ragged fringe of the Italian neighborhood, and had undoubtedly taken his share of abuse. His frown meant I had collected six jurors so far. But what about the engineer? I tried to look sadder.
Suddenly an authoritative cough issued from the direction of the judge’s paneled dais. “Ms. Morrone, I don’t appreciate what you’re doing,” snapped the Honorable Gordon H. Kroungold, a sharp Democrat who was elevated to the bench from an estates practice, where nobody would ever dream of exploiting someone’s death. At least not in open court. “I don’t appreciate what you’re doing at all.”
“I’m proceeding as quickly as I can, Your Honor,” I said, looking innocently up at the dais. It towered above my head, having been built in a time when we thought judges belonged on pedestals.
“That’s not what I meant, Ms. Morrone.” Judge Kroungold smoothed down a triangle of frizzy hair with an open hand. He wetted his hair down with water every morning, but after the second witness it would reattain its loft. “It’s your demeanor I’m having a problem with, counsel.”
Stay calm. Your mother’s not even cold, poor baby. “I’m afraid I don’t understand, Your Honor.”
Judge Kroungold’s dark eyes glowered. “Approach the bench, Ms. Morrone. You, too, Mr. Vandivoort.”
“Of course, Your Honor,” Vandivoort said, jumping up and hustling over. His mother’s death had put such a spring into his step that he almost beat me to the dais. An inheritance, no doubt.
“Ms. Morrone, what the hell do you think you’re doing?” Judge Kroungold asked, stretching down over his desk. “Is this some kind of stunt?”
Gulp. “I beg your pardon?”
“Don’t act like you don’t know what I’m talking about.”
“Your Honor?”
“Please.” Judge Kroungold looked around for his court reporter and waved him over irritably. “Wesley, I want this on the record.”
The court reporter, an older black man with oddly grayish skin, picked up the stenography machine by its steel tripod and huddled with us at the front of the dais. A sidebar conversation is out of the jury’s hearing, but not the appellate court’s. The word disbarment flitted across my mind, but I shooed it away.
“Ms. Morrone,” Judge Kroungold said, “please tell me, on the record, that I’m not seeing what I think I’m seeing.”
“I don’t understand what you mean, Your Honor. What is it you’re seeing?”
“No, Ms. Morrone. No, no, no. Nuh-uh. You tell me exactly what you’re doing.” Judge Kroungold leaned so far over that I experienced a fine spray of judicial saliva. “You tell me. Right now.”
“I’m conducting my cross-examination of this final witness, Your Honor.”
The judge’s liver-colored lips set in a determined line. “So it would appear. But let me state for the record that you seem very tired today, Ms. Morrone. Very lethargic. One would even say that you seem depressed.”
I didn’t know he cared. “Your Honor, I am tired. It’s been a long trial and I’ve worked this case myself. I don’t have the associates Mr. Vandivoort does, from Webster & Dunne,” I said, loud enough for the jury to hear.
Judge Kroungold’s eyes slipped toward the jury, then bored down into me. “Lower your voice, counsel. Now.”
Win some, lose some. “Yes, sir.”
“I never would have expected to see something like this in my courtroom. For God’s sake, you’re even wearing a black suit!”
“I noticed that, too,” Vandivoort added, as it began to dawn on him.
“Your Honor,” I said, “I’ve worn this suit to court many times.”
“Not in this trial you haven’t,” the judge spat back. Literally. “And no makeup. Last week you had on lipstick, but not today. What happened to that pink lipstick? Too bright?”
Time to raise him. “Your Honor, why are we discussing my clothing and makeup in court? Do you make comments of this sort to the male attorneys who appear before you?”
Judge Kroungold blinked, then his eyes narrowed. “You know damn well I wasn’t making . . .comments.”
“With all due respect, Your Honor, I find your comments inappropriate. I object to them and to the tenor of this entire sidebar as an unfortunate example of gender bias.”
His mouth fell so far open I could see his bridgework. “What? I’m not biased against you. In fact, I took great pains in my instruction not to tell the jury whose mother had died, in order to avoid undue sympathy for the defense. You, Ms. Morrone, are giving the jury the distinct and entirely false impression that it was your mother who died and not Mr. Vandivoort’s.”
“What?” I said, sounding as shocked as possible. At the same nanosecond, a quart of adrenaline dumped into my bloodstream and a familiar rush surged into my nerves, setting them tingling, jangling, and twanging like the strings of an electric guitar. Believe. “Your Honor, I would never do such a thing! I couldn’t even begin to do such a thing. Who can divine what a jury is thinking, much less attempt to control it?”
Judge Kroungold’s eyes glittered. “Oh, really. Then you won’t mind if I suggest to the jury that the death was in Mr. Vandivoort’s family, not yours.”
Shit. Was he bluffing, too? This game could cost me my license to play cards—I mean, practice law. “On the contrary, Your Honor. I would object to any attempt to gain the jury’s sympathy for male counsel, who you are clearly favoring. In fact, I move that you recuse yourself immediately on the g
rounds that you are partial to defense counsel, sir.”
Judge Kroungold reddened. “Recuse myself? Step down? On the last day of the trial?”
Up the ante. “Yes, sir. I wasn’t sure until today, but now you’ve made your sexism quite clear.”
“My sexism?” He practically choked on the word, since he fancied himself a liberal with a true respect for women. Like Bill Clinton.
“Are you denying my motion, Your Honor?”
“I most certainly am! It’s absurd. Frivolous! You’d lose on appeal,” Judge Kroungold shot back, but he twitched the tiniest bit.
It was my opening and I drove for it. I had a straight flush and a dead mother. I believed. “With all due respect, Your Honor, I disagree. This sidebar is interrupting my cross-examination of a critical witness. Every minute I stand here prejudices my client’s case. If I could proceed, perhaps I could put this ugly incident behind me. Mr. Vandivoort didn’t object to my questioning, after all.”
Kroungold snapped his head in Vandivoort’s direction. “Mr. Vandivoort, don’t you have an objection?”
I looked at Vandivoort, dead-on. “Can you really believe I would do such a terrible thing, George?” The pot is yours if you can call me a liar to my face. In open court on the record.
Vandivoort looked at Judge Kroungold, then at me, and back again. “Uh . . .I have no objection,” he said, folding even easier than my Uncle Sal. Vandivoort was too much of a gentleman, that was his problem. Biology is destiny. It’s in the cards.
“Then may I proceed, Your Honor?”
“Wait a minute, I’m not done with you, Ms. Morrone. Stay here.” Judge Kroungold scowled at Vandivoort. “Mr. Vandivoort, take your seat.”
What was this? Not according to Hoyle, surely.
Judge Kroungold signaled to Wesley as soon as Vandivoort bounced away, and Wesley got the convenient urge to stop typing and crack his knuckles.
What gives?
Judge Kroungold leaned over the dais. “I’ve been reading about you in the newspapers, Ms. Morrone, so I can’t say I’m surprised by your showmanship. But I warn you. Play all the tricks you want. It might work in this case, but it won’t work in Sullivan. You’re in over your head in Sullivan.
It gave me a start, like he was jinxing me, but I couldn’t think about Sullivan now. ‘Then may I proceed, sir?”
“Of course, Ms. Morrone,” Judge Kroungold said loudly. “Ladies first.” He leaned back and waved to Wesley to go back on the record.
“Thank you, Your Honor,” I said, and turned to face my jury. But not before I remembered my bereavement and brushed an ersatz tear from my eye.
Which is when I caught a glistening behind the engineer’s glasses.
Winner take all.
Copyright © 1996 by Lisa Scottoline. All rights reserved.
Legal Tender
Benedetta “Bennie” Rosato is a maverick lawyer who prosecutes police misconduct and excessive-force cases, and business at her firm of Rosato & Biscardi has never been better.
Then, without warning, a savage murder tears the firm apart. All evidence points to Bennie, who has motive aplenty and an unconfirmable alibi. Her world turns upside down as the lawyer becomes the client, and the cops she once prosecuted are now after her, with a vengeance.
To prove her innocence, Bennie probes deep into the murder. Then another killing takes place. Running for her life, Bennie is a fugitive armed only with her wits and courage. She will find the real killer — or die trying.
Los Angeles Times: “A fast-paced, suspenseful and tongue-in-cheek legal thriller.”
Chapter One
I edged forward on my pew in the gallery so I wouldn’t miss a single word. My ex-lover’s new girlfriend, Eve Eberlein, was about to be publicly humiliated by the Honorable Edward J. Thompson. I wanted to dance with joy right there in the courtroom. Hell hath no fury like a lawyer scorned.
“Let me remind you of something you have plainly forgotten, Ms. Eberlein,” Judge Thompson was saying between discreetly clenched teeth. A bald, gentlemanly judge, his legendary patience had been tested by Eve’s attack on the elderly witness. “This is a court of law. There are rules of conduct. Civility, manners. One doesn’t check common courtesy at the door of my courtroom.”
“Your Honor, this witness is not being candid with the Court,” Eve said. Her spiky brunette cut bounced in defiance as she stood before the dais, in perfect makeup and a red knit suit that fit her curves like an Ace bandage. Not that I was jealous.
“Utter nonsense, Ms. Eberlein!” Judge Thompson scoffed, peering down through reading glasses that matched his robe. “I will not permit you to cast aspersions on the character of a witness. You have asked her the same question over and over, and she’s told you she doesn’t remember where the Cetor file is. She retired two years ago, if you recall. Move on to your next question, counsel.”
“With all due respect, Your Honor, Mrs. Debs was the records custodian at Wellroth Chemical and she remembers perfectly well where the Cetor file is. I tell you, the witness is lying to the Court!” Eve pointed like a manicured Zola at Mrs. Debs, whose powdered skin flushed a deep pink.
“My goodness!” she exclaimed, hand fluttering to the pearls at her chest. Mrs. Debs had a halo of fuzzy gray hair and a face as honest as Aunt Bea’s. “I would never, ever lie to a court!” she said, and anybody with any sense could see she was telling the truth. “Heavens, I swore on a Bible!”
“Ms. Eberlein!” Judge Thompson exploded. “You’re out of order!” He grabbed his gavel and pounded it hard. Crak! Crak! Crak!
Meanwhile, Mark Biscardi, my ex-boyfriend and still-current law partner, was fake-reading exhibits at counsel table. He was downplaying the debacle for the jury’s benefit, but was undoubtedly listening to every syllable. I hoped he remembered my prediction that Eve would crash and burn today, so I could say I told you so.
“I object, Your Honor!” shouted plaintiff’s counsel, Gerry McIllvaine. “Ms. Eberlein’s conduct toward this witness is an outrage! An outrage!” McIllvaine, a trial veteran, had been standing out of the crossfire, keeping his mouth shut until it was time to grandstand for the jury. All the courtroom’s a stage, and all the men and women in it merely lawyers.
Then, suddenly, I began to focus on the jury box. Most of the jurors in the front row were scowling at Eve as Judge Thompson continued his lecture. Two jurors in the back, retirees like Mrs. Debs, bore a prim smile at Eve’s comeuppance. Eve had alienated the lot, and it would taint their view of the defendant’s case. Unfortunately, this was a high-stakes trial and the defendant was a major client of my law firm, Rosato & Biscardi, alias R & B.
Damn. I sat up straighter and looked worriedly at Mark, but he was stuck playing with the trial exhibits. He and I had started R & B seven years ago and watched it grow into one of the most successful litigation boutiques in Philadelphia. I cared about the firm so much I couldn’t even enjoy watching Eve screw up something besides my love life. Something had to be done.
I stood up in the middle of the proceedings, calling attention to myself without a word because of my height, a full six feet. It’s a great height for a trial lawyer, but as a teenager I stood by so many punchbowls I got sick from the fumes. I grew up to be taller, blonder, and stronger, so that now I looked like an Amazon with a law degree.
“Ouch!” said the lawyer sitting next to me, as I trounced solidly on his wingtip.
“Oh, excuse me,” I yelped, almost as loudly as Judge Thompson, still scolding Eve with the jury’s rapt attention.
“Shhh,” said another lawyer.
“Sorry, so sorry,” I chirped, struggling out of the crowded row like a boor going for Budweiser in the second inning. I noticed out of the corner of my eye that one of the jurors, the Hispanic man on the end, was being successfully distracted. “Oops! Sorry about that,” I practically shouted.
Once out of the row, I strode past the bar of the court to counsel table, where my ex-beloved was sweating armholes into his En
glish pinstripes. As Mark turned to see what the commotion was, I leaned close to his dark, wavy hair and breathed in his expensive creme rinse. “You’re fucked, hombre,” I whispered, with some pleasure.
“It’s her first time out,” he hissed back. “She made a mistake.”
“No, you made a mistake. I told you she isn’t a trial lawyer. She can’t connect with people, she’s too cold. Now hold up an exhibit so we can fight in peace.”
Mark grabbed an exhibit and ducked behind it. “What’s happening with the jury? This is killing us.”
I snuck a peek sideways. Most of the jurors were watching me and Mark by now. I wondered if any recognized me, infamous radical lawyer Bennie Rosato. I could only hope my hair looked less incendiary than usual. “The jury’s wondering whether we’re still sleeping together. Where’s the client, Haupt? He’s the cheese, right?”
“Yeah, Dr. Otto Haupt. Guy with the steel glasses in the front row. How’s he taking it?”
I checked the reaction of the aforementioned, but his expression was a double-breasted blank. “He’s a suit, not a face. And no more excuses for your new girlfriend. Deal with her.”
“What do you want me to do, spank her?”
“You wish.” He’d tried it with me once but I’d laughed myself silly. “Keep her at second-chair. Don’t let her take any more witnesses.”
“She needs to work on her people skills, that’s all.”
“I hate that expression, ‘people skills.’ What does that mean? You either have a heart or you don’t.”
He flashed me a photogenic smile. “Why are you here, Bennie? Do I need to take this shit from you, now? In the middle of trial?”
“It’s the least you can do, I’m about to save your ass. Grab the glass next to that file.” I picked up a pitcher of water from counsel table. It was heavy and cold, and there were even some ice cubes left. Perfect.
“Why am I doing this?” He reached for the glass.
“Don’t you remember Leo Melly, the transvestite who wanted to march in the Columbus Day parade? From the old days, when you fought for things that mattered, like the right to wear puce in broad daylight?”
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