Final Verdict

by William Bernhardt

  “This collection is far too valuable for the average art gallery. He’d need a broker. Someone experienced at handling highly valuable art.”

  “Someone like the victim. Christopher Andrus.”

  “Yes. But we haven’t been able to trace the provenance of many of those paintings. To put it more simply—we don’t know where Sweeney got them. If he obtained them by...inappropriate means, or illegal means, any relationship with a broker would present a danger. Which might explain—”

  “Objection,” Dan said. “The witness is speculating. And this is not his area of expertise.”

  “Goes to motive, your honor,” Jazlyn argued. “The existence of someone who knew that the paintings were illegally obtained, and thus unsellable, posed a threat to the defendant’s financial recovery. And the fact that they argued—”

  “I’m sustaining the objection,” Judge Smulders said. “And I will remind you that if you are going to make a lengthy talking objection, you need to approach the bench and do it quietly.”

  “Yes, your honor. I understand. We will call another witness at a later time who can testify about the angry meeting between the defendant and the victim. No more questions.”

  Beside him, Dan heard Sweeney grunting. “Damn bean-counter.”

  He turned. “Not a fan?”

  “If his own business was making any money, he wouldn’t be working for the government. Loser.”

  Dan sighed. “But I still need to cross.”

  “Two words. Cloud computing.”

  And the most embarrassing thing was that he immediately understood what Sweeney was saying.

  Dan rose and stood a few feet from the witness. “You didn’t say anything during your testimony about my client’s more recent financial ventures.”

  Busey shrugged. “I wasn’t asked.”

  “Are you familiar with SweeCirrus?’

  “The cloud-computing venture? Sure. But it’s new and thus far hasn’t generated profits.”

  “A new venture requires startup cash, doesn’t it?”

  “Or course.”

  “Where did my client get the startup cash?”

  Busey paused for a moment. “I don’t know.”

  “You spent days poring over those records. You’ve told the jury you’re an expert in every aspect of my client’s business. But you don’t know how he funded this new operation, one that is projected to make more money than all his other ventures combined in two years or less?”

  “I can’t review the books for businesses that don’t exist yet.”

  “Would you be surprised to learn that my client redirected the cash from failing operations to fund the new one? What you’re suggesting is criminal is actually just smart. Abandoning less profitable ventures and initiating new ones.”

  “I doubt a cloud-computing business would be enough—”

  “Are you aware that Amazon makes more money from its cloud-computing operations than it does from retailing? And it’s the most profitable retailer in the United States. If Sweeney could capture even ten percent of that business, it would cure his financial problems, wouldn’t it?”

  “There’s still the matter of the failed bio—”

  “Is SweeTech the only corporation that ever made a bad investment?”

  “Of course not.”

  “In fact, it’s fairly common, isn’t it? It’s the cost of doing business. You never get anywhere if you don’t take risks. But not all risks pay off.”

  “That is certainly true.”

  “I will suggest, Dr. Busey, that you ignored the obvious in pursuit of a motive that does not exist. Everything you’ve discussed can be explained as commonplace corporate reorganization. All these accusations about funneling cash are unfounded and, frankly, unprofessional. Did the district attorney’s office encourage you to make these statements?”

  “I object,” Jazlyn said. “Counsel is suggesting the witness was encouraged to make statements that are not—”

  “You wouldn’t put him on the stand unless you thought he could help your case. You don’t have a real motive so you’re trying to invent one with incomprehensible babble about corporate financing. You’re just slinging mud.”

  “Your honor,” Jazlyn said, “I renew my objection and call for a bench conference.”

  Judge Smulders pursed his lips. “No need. I’m ruling now. The objection is overruled. The defense is well within its rights. This is cross-examination.”

  Jazlyn was seething and Dan could see it, but she sat down. He was always pleased to win an objection—but hoped he hadn’t lost a friend in the process.

  “Dr. Busey, do you have any proof that any illegal crime organization is or was funneling cash through my client’s businesses?”

  Busey looked thoroughly chastened. “No.”

  “Do you have any proof that my client was in any way at any time connected to the illegal video-porn operation?”

  “No.”

  “And in fact, when he found out about it, my client was the first to call for the closure of the shelters and arranged for all the women housed in them to be transferred to other facilities at his own personal expense.”

  “I didn’t mean to give offense—”

  “Well, I take offense,” Dan said. “I take offense to this entire misleading line of irrelevant testimony. This is beneath the integrity of this court and an offense to all right-thinking people. You may step down, sir. I have no more questions.”

  He was not surprised that Jazlyn chose not to re-direct.

  Sweeney leaned in close. “Looks like you finally found your fire.”

  Dan said nothing. He was glad he’d been able to bury someone who might have been a damaging witness. But getting praise from Conrad Sweeney still made his skin crawl.

  Chapter 30

  Jimmy was not surprised when Shawna, the County Clerk, texted him suggesting a meeting. They’d been friends and worked together for years. Even in recent times, when the heat was on and Shawna was far too involved with Conrad Sweeney, they’d continued to see one another—but usually in secluded, low-profile venues. It was clear that she did not want people to know she was meeting with a member of Dan Pike’s law firm.

  But this time she suggested meeting at the kids’ playground behind the courthouse childcare center. There could not be a more visible location.

  Had she finally stopped fearing Sweeney and his minions?

  Or had she stopped caring what happened to her?

  He found her on the swing set. Since she was swaying on the far right swing, it seemed natural to plop down into the swing beside her.

  “What’s going down, compadre?”

  “Big news shaking, Jimmy.”

  He straightened his cardigan. “Talking about the trial in Courtroom One?”

  “No. Talking about me. I’ve tendered my resignation.”

  Jimmy’s eyes bulged. “You’re quitting? But you’ve been in the clerk’s office—”

  “All the more reason. The courthouse needs new blood. And I need a change. I’m going to make a fresh start.”

  “I haven’t heard a thing about this.”

  “That’s the way I wanted it. A formal announcement will be made at the end of the week. At the end of the month, I ride off into the sunset.”

  “What brought this on? I mean, I knew you were unhappy, but—”

  “Unhappy is putting it mildly. I got in way too deep.”

  “With Sweeney.”

  The mere mention of his name seemed to give her a shiver. “I thought I was doing the right thing. Helping my nephew the only way I knew how. But the price was too great.”

  “Because Sweeney kept calling in the marker. Over and over again.”

  “Every time he needed information. Every time he wanted a room bugged. He had me by the short hairs, so to speak.”

  Something wasn’t clicking. “That’s been true for some time. What’s changed?”

  Shawna cast her eyes downward. He could tell she didn�
�t want to proceed.

  “You’re Lori Lemaris,” he said.

  She blinked. “Um...excuse me?”

  “Clark Kent’s college sweetheart. He loved her dearly—he always falls for girls with double-L initials—but when he discovered Lori was a mermaid from Atlantis, the romance seemed impractical.”

  Shawna laughed, despite herself. “I would imagine so.”

  “The point is, Lori wasn’t trying to deceive him. She knew Clark was Superman and she loved him. She just couldn’t force herself to tell him the truth. Because she knew it would end the romance. But hiding the truth only makes matters worse.”

  Shawna gave him a wry smile. “Very subtle, Jimmy.”

  “When you’ve read as many comics as I have, you can always find an appropriate analogy.”

  “Here’s what I haven’t told you yet. I won’t even ask you to keep quiet. I trust your discretion.”

  “Understood.”

  She took a deep breath. “That other murder? The guy who flew out the window?”

  “Fabian Fuentes.”

  “Right. Everyone assumes Sweeney killed him. But here’s the truth. It was defensive, sort of. Fuentes almost killed Sweeney.”

  “How do you know that?”

  Shawna clenched her eyes shut. “Because I was there.”

  “What?”

  “Sweeney had gathered all his minions. He was in serious trouble and had assignments for everyone. But Fuentes tried to kill him.”

  “So Sweeney killed him first.”

  “Not exactly.”

  “Someone else killed him?”

  “Can we just leave it at that?”

  “Shawna, this is important. You need to go to the police.”

  “If I do, the next person behind bars will be me.”

  “Was someone else there? Someone free to speak?”

  “Marjorie was there. The court reporter who screwed Dan over. And some turncoat cop. I don’t know his name.” She paused. “Marjorie disappeared right after. She regrets her involvement with Sweeney as much as I do, so please don’t chase her down.”

  Shawna had screwed up royally, but he still didn’t want to see her arrested. “I suppose if Fuentes was trying to kill Sweeney, the person who shoved him out the window didn’t exactly commit murder.”

  “Exactly. It was justifiable homicide.”

  “Why are you telling me this?”

  “Because I’m aware that your firm is currently defending Sweeney. Everyone assumes Sweeney killed Fuentes. But he didn’t. And if he didn’t commit that murder...it’s just possible he didn’t kill Andrus either.”

  Jimmy’s voice dropped. “Dan should know about this.”

  “That’s why I’m telling you. And...there’s more.”

  Jimmy stiffened. They were getting close to a line he didn’t want to cross. She wanted to help with the current case. Which he wanted nothing to do with.

  He pushed the ground with his feet, moving the swing. “You should probably talk to Dan.”

  “I don’t know Dan. I know you. I trust you.”

  “Yeah, but—”

  “Something hinky is going on at the DA’s office.”

  A deep furrow crossed his brow. “Jazlyn is doing something crooked? I don’t believe it. The main reason she ran for the office was to eliminate the corruption of her predecessor.”

  “I know,” Shawna said. “But still...it is what it is.”

  He closed his eyes. He wanted nothing to do with this case. Nothing whatsoever. But here it was, thrust in his face, whether he wanted it or not. “Maybe you’d better tell me what you know.”

  Shawna grabbed the chain on his swing to stop it. She forced him to look at her, eye-to-eye. “One of the people on the prosecution witness list isn’t testifying voluntarily.”

  “They subpoenaed him? They would have to reveal—”

  “Originally. They originally subpoenaed him. Filed it in my office, as they should. Signed by a judge. And they brought him in. Had a few conversations.”

  “Worked him over?”

  “The next thing I knew, the subpoena was withdrawn and he was testifying voluntarily.”

  “They made a deal.”

  “Certainly looks that way.”

  “But the original subpoena would still be in the file.”

  “Not anymore. They got it expunged. Got a judge to sign off on that, too. No trace left behind.”

  “And no notice to the defense.” He pondered. “I don’t even know if that violates a rule. But it certainly is...unusual.”

  “To put it mildly.”

  “Deceptive, to put it strongly.” He paused. “On cross, Dan could ask the witness if he’s made a deal. But people in that situation often say no and it’s not a complete falsehood. A deal may have been discussed but never finalized. In some instances, formal discussion is not necessary. A guy behind bars expects early release if he testifies. Everyone already knows what the deal will be—after the trial is over.”

  Shawna nodded. “At any rate, the whole procedure raises a lot of questions. I wanted you to know. I don’t want your team to be blindsided.”

  “And this is where it all gets...complicated.” Jimmy pursed his lips. “I should have told you this sooner. I’m not actually working on this case.”

  “I thought you guys always worked as a team.”

  “Not this time.”

  “But you can still tell Dan, right?”

  “Shawna...I’ve sworn I won’t have anything to do with this case.”

  Shawna looked distraught. “Are you resigning from the firm?”

  “I’m thinking about it.”

  “But—why?”

  “Shawna—it’s Sweeney!” His teeth clenched. “He’s a bigot. Racist. Sexist. Homophobe. He worked with sex traffickers and the same organ smugglers who made it so difficult for your nephew to get the kidney he needed. He needs to be put away. And I don’t care how it happens.”

  “Even if it’s for a crime he didn’t commit?”

  “Yes!” Jimmy pushed out of the swing, barely able to contain himself. “He’s Satan, for God’s sake. He needs to be sent to hell and kept there.”

  Shawna’s head bowed. “I...see.”

  “You think I’m wrong?”

  She licked her lips, obviously thinking before she spoke. “Jimmy...no one has more cause to despise Sweeney than I do. He’s ruined my life. I’m hoping to start over now, but even as I do, I know he could come after me. I hope he’ll be too busy with his own troubles. But it would be safer for me if he were in prison.” She drew in her breath. “But I still don’t want him convicted for a crime he didn’t commit. I couldn’t live with that.”

  Jimmy grabbed a fistful of dirt, slowly letting it trickle through his fingers. “I...could.”

  “I don’t understand.”

  “That’s exactly right. You don’t understand what it’s like to live in this country as a Black man. A gay Black man. As if it weren’t bad enough having to look over your shoulder, constantly worrying about cops or white supremacists or gay-bashing religious zealots, you’ve also got big business bigots like Sweeney doing the same things but more subtly. This man represents everything that needs to be changed in this nation.”

  Shawna rose from the swing. “I don’t disagree with a thing you’ve said. But you’re not addressing the problem the right way.”

  “Are you going to give me a lecture on appropriate social activism?”

  “No. I’m going to ask you to look deep inside your own heart. Dan needs this information. And you need this team.”

  “I got along just fine before Mr. K drafted me into this weirdness.”

  “You’ve told me many times this is the best job you’ve ever had.”

  “Doesn’t mean I’m dependent upon it.”

  “Maybe not financially. But your teammates are your best friends.”

  “Dan betrayed that friendship.”

  “Dan? Your Aquaman?”

  “Everyt
hing has changed. And there’s no going back.”

  “There’s always a road back, Jimmy. If you want it. You just have to decide what’s most important.”

  “You’re not hearing me.”

  “I am. But I may know you better than you know yourself. You love this job and you love your team. Don’t let one ugly trial spoil that. I don’t know if taking this case was right or wrong, but I know Dan thinks it’s the right thing to do or he wouldn’t be doing it. Sometimes we have to support the ones we love. Even when we think they’re making a big mistake.” She paused. “As we all do.”

  Jimmy crossed his arms. “I will not walk this back. Conrad Sweeney is reprehensible and I will not participate in his exoneration. Nor will I assist or associate with those who do. Call me old-fashioned if you like, but there is a difference between good and evil in this world. And Sweeney is the most evil person in this world.”

  “You may be right.” She reached out and touched him on the side of his face. “But Dan is one of the best.”

  Chapter 31

  Dan returned to the courtroom the next day feeling upbeat. They’d weathered the initial volley of prosecution witnesses. Jazlyn’s first-day slate didn’t help Sweeney, but they didn’t nail him to the lethal-injection gurney, either. If she wanted to win a case for first-degree murder, she would have to present more damning evidence than this.

  Unfortunately, Dan knew Jazlyn wouldn’t have brought the charges if she didn’t think she could win. And she was usually a good judge of cases.

  He spotted a familiar face in the gallery. Took him a minute to recall who it was. Colin Baxter. He was a hacker Garrett had used in a previous case. Baxter created what he called a “fingerprint glove,” something that allowed him to break into an iPhone.

  He extended a hand. “Daniel Pike.”

  Baxter nodded. “I know who you are.” Young. Hair down to his shoulders. Pale skin. Needed to get out more. “You’re famous around here.”

  “What brings you to the courtroom?”

  Baxter shrugged. “It’s Wednesday. There’s no new Star Trek till tomorrow.”

  “Got any business here?”

  “Am I being cross-examined?”

  Dan smiled. “Not yet.”