Final Verdict

by William Bernhardt

  “Garrett Wainwright. Isn’t it true that Christopher Andrus visited my client at his office on numerous previous occasions?”

  “I do recall seeing him before.”

  “Fairly frequent visitor, isn’t he?”

  “Not so much lately.”

  Because Sweeney didn’t have the cash for expensive luxury items anymore. “So how can we know that the footage purportedly taken shortly before Andrus’ death wasn’t taken ten years earlier?”

  “The recordings are all categorized, filed, and organized. By time and date. Like I said. Metadata.”

  “You told me that could be altered.”

  “Only by someone with access to the recordings.”

  “And you just told me you granted access to the police department. How many people there had access?”

  “I don’t know.”

  “Did the District Attorney’s office also have access?”

  “I...don’t know.”

  “Did the police department grant access to anyone outside the department?”

  “I have no way of knowing that.”

  “Do you even know who inside the police department had access?”

  Jazlyn rose to her feet. “Your honor, if counsel is suggesting that anyone in my office tampered with those recordings, I can assure you it is not true. And I am appalled—”

  Dan cut in. “I don’t have any reason to believe that the district attorney has done anything improper. My point is obvious. Many people had access to those files. And these days, changing metadata doesn’t require a super-hacker. A talented high school coder could do it.”

  “That doesn’t prove anyone did.”

  Dan bowed his head. “Since I haven’t heard an actual objection, may I proceed?”

  Jazlyn settled into her chair, but her expression left little doubt about her current emotional state.

  Dan activated the television monitor near the jury box. “I’m going to play the footage in question so the jury can see what we’re talking about. All the footage taken from SweeTech security cameras has been stipulated to by the parties and pre-admitted by agreement.” He pushed a button. “This is the footage from the day we’re discussing, taken shortly after the alleged meeting at Beachcombers and about twenty hours before the remains were found in the freezer.”

  Dan watched the footage, though he had seen it a thousand times. Garrett had screened it for him forward and backward, in real-time and slo-mo, full-screen and with selective enlargements.

  The elevator doors opened, just barely visible in the lower left part of the screen. Two men emerged, Sweeney first, Andrus trailing in his wake. Both wore somber expressions, but no one looked scared, and Andrus was walking of his own volition. They strolled down the corridor without speaking. Sweeney opened the door to his office and they both went inside. Unfortunately, there were no security cameras inside Sweeney’s office, much less his mancave, so there was no footage showing what happened next.

  “Mr. Norris, does that appear to be the footage in question?”

  “That’s it.”

  “Good. Now let me show you something else.”

  Dan pushed a few more buttons. A moment later, the screen lit.

  The new footage appeared to be the same as what Dan showed before. Sweeney and Andrus exited the elevator, crossed the corridor, and entered Sweeney’s office.

  “Looks like the same footage, doesn’t it?”

  Norris squinted. “You mean it isn’t?”

  “According to the metadata, this footage is from eighteen months earlier. We only found it because my researcher is relentless.”

  “Andrus did visit frequently. I’m not surprised you could find similar footage.”

  “We didn’t find similar footage, sir. We found identical footage.”

  “That’s not possible...”

  “Did you notice that both men were wearing the same clothes?”

  “I believe...the defendant favors white suits.”

  “And Andrus? Does he wear the same clothes every day?”

  “Well...”

  “Let me show you something else.” Dan froze the frame, then turned the enlargement dial, focusing on a tall ashtray beside the elevator doors. “Note the stubbed cigarette—because the exact same cigarette is in the exact same position in the previous footage. Now look at this.” He scrolled down to the opening for trash below the ashtray. “See the newspaper sticking out? Thanks to digital enhancement, I can zoom in on the date. You see?”

  Everyone did.

  “Eighteen months before. Now I’m going to return to the footage supposedly shot just before the murder.” He switched back to the first recording, then focused on the ashtray. “Same newspaper. Same date.”

  The jury stirred. This had suddenly become interesting.

  “I will submit, Mr. Norris, that the footage from eighteen months ago was copied and mislabeled as footage taken shortly before Andrus’ death. And the only reason to do that, of course, would be to frame my client by putting Andrus in a place where he never was.”

  “Objection,” Jazlyn said. “Is this cross or closing? He’s giving a speech.”

  “Sustained.”

  “And furthermore,” Jazlyn said, more quietly, “the defendant is the person with the easiest access to the security camera footage. Maybe there was something he didn’t want the police to see.”

  “So he replaced it with incriminating footage certain to get him arrested?” Dan asked.

  Jazlyn’s jaw tightened. “Maybe the original footage showed him lugging in the body. Or parts of it.”

  “You can’t even prove Andrus was at my client’s office on the day in question.”

  “I can prove part of him was. The part Detective Kakazu found in the freezer.”

  “This will stop immediately!” Judge Smulders banged his gavel, then rose to his feet, towering over them. “What did I say before about speaking objections, counsel?”

  Dan thought it was best to remain quiet. Jazlyn did the same.

  “The jury will make its decision based upon the evidence. And nothing else. This bickering will end now. And it will never be repeated. Understood?”

  Judge Smulders waited a few moments before continuing. “Do you have anything more, Mr. Pike?”

  “I’m afraid I do.” He approached the witness. “We can see that at some point prior to the arrival of the police, the original recording was replaced with footage from an earlier visit. Mr. Norris...were you on duty the day the police discovered the body?”

  “I’ve already said I was.”

  “Is it possible you...left your post for a while?”

  “No.”

  “Got hungry? Fell asleep. Had a date? Forgot to activate the cameras?”

  “Absolutely not.”

  “I think you did. And when news of the murder broke, you realized everyone would want to see that missing footage. So you found some old Andrus footage and substituted it for what was missing because you weren’t there.”

  “That is absolutely untrue.”

  “I’m sorry to hear that. Because the only other possible explanation is that someone made this substitution as part of a deliberate effort, a conspiracy even, to frame my client.”

  Chapter 39

  During a brief recess, while Dan contemplated how best to handle the next, all-important witness, Jimmy rushed up behind him. “Found it.”

  “Fantastic. Did you give copies to Jazlyn?”

  “Of course.”

  Dan took the documents, scanned them, and smiled. “I knew you wouldn’t disappoint me.”

  Jimmy tucked his thumbs inside his cardigan pockets. “If there’s a way to work this town, I’m the one who can find it.”

  “How well I know that.” Dan glanced up. “Good to have you back on the team.”

  “I—never said—”

  “Nonetheless.” He faced his partner. “I want to apologize.”

  “You don’t have to do that.”

  “I
do. I was arrogant and presumptuous and—”

  “You? Daniel Pike?”

  He laughed in spite of himself. “But I know this team is stronger with you on it.”

  “Oh stop. You’re the superstar. I’m the weakest link and always have been.”

  “No.” He took Jimmy by both shoulders and looked him straight in the eyes. “You’re the heart and soul of this team. And you always have been.”

  If it was possible, he thought Jimmy might be blushing.

  Jimmy found a seat in the gallery and Dan sat beside Maria.

  “Nicely done,” she said. “But I thought I was the heart and soul of this team.”

  “You’re the spunk and spitfire. And the brains.”

  “Well played.”

  After the judge returned, Dan recalled Clint Dilbert, the man who supposedly overheard a heated conversation between Sweeney and the victim at Beachcombers.

  Jazlyn rose. “Objection, your honor. This witness has already been on the stand. Opposing counsel had a chance to cross.”

  “The testimony I plan to elicit breaks new ground,” Dan explained. “It’s outside the scope of Ms. Prentice’s direct. Plus we have new evidence. We have shared copies with opposing counsel. Not that we are obligated to do so. But in the interests of fairness, we did.”

  Judge Smulders looked at Jazlyn. “True?”

  “Yes. But these documents don’t reveal anything relevant to this case.”

  “I strongly disagree,” Dan said. “They change everything. As will be readily apparent.”

  Judge Smulders pondered. “If this testimony is going to change everything, I can hardly forbid it. But I will be paying attention, Mr. Pike. If it starts to sound redundant, or like something that should’ve been raised earlier, I will shut you down.”

  “Understood, you honor.”

  The judge peered into the gallery. “Mr. Dilbert, I believe you’ve been subpoenaed.”

  Dilbert rose. “But—I never agreed—”

  “Yes, criminal trials are full of surprises. That’s what makes them exciting. Please take the stand.”

  Dilbert grudgingly dragged himself forward.

  “Mr. Dilbert, during your previous appearance, you testified that you witnessed an angry conversation between my client and the deceased.”

  “Already said that.”

  “And you claimed you came to the police voluntarily.”

  “Yeah.”

  “And you said you received no inducements for testimony.”

  “I got nothin’.”

  “But that isn’t entirely true, is it?”

  A hush fell over the courtroom. He had their attention. Now he had to deliver.

  “I don’t know what you’re talking about.”

  Dan could see Jazlyn preparing to rise. “Let’s take your statement apart piece by piece. You didn’t volunteer, did you? The police picked you up on a warrant. That warrant is our latest exhibit. Which I’ve already shared with opposing counsel.”

  Jazlyn rose. “Your honor, I’ve never seen this before but, even if it’s true, it’s irrelevant.”

  “No, it’s keenly relevant,” Dan explained. “It’s part of a sadly all-too-common law enforcement ruse to disguise the motivations of a witness. They hid this warrant from us.”

  “Not very well,” Jazlyn mumbled.

  “They had it expunged from the court records.”

  Judge Smulders frowned. “If this was expunged, why do you have it? The whole point of expungement is to make it unavailable.”

  “I have a teammate who knows the records systems inside out. And has friends.”

  “This is still highly unorthodox. Expunged documents are not meant to be used in any future capacity.”

  “But it’s important to the case, your honor.”

  Smulders tossed the document down. “Very well. Proceed.”

  “Mr. Dilbert, is it true that, prior to your testimony, you were brought in by the police? And questioned?”

  “Sure, but nothing came of it,” Dilbert said. “They released me. It was later that I came back to them with information.”

  “Of your own free will.”

  “Right. Because I saw that fight at the bar and, after I read on my phone that the guy got butchered up, I thought it might be important.”

  Something didn’t make sense, but he wasn’t nailing it down. “Did the police ask you to follow Sweeney? Or Andrus?”

  “Definitely not.”

  “Then why did you go to Beachcombers?”

  “I said this already. My daughter bartends there.”

  The look in Dilbert’s eye triggered something in Dan’s brain.

  “I go whenever I can,” Dilbert continued. “Gives me a chance to catch up with her. Every daddy loves his daughter.”

  Bingo. Dan stepped closer to the witness. “When you testified before, you emphatically stated that you received nothing of benefit in exchange for your testimony.”

  “That’s true.”

  “Because you didn’t get anything. It was your daughter who benefitted. You made a deal to testify in exchange for some benefit to your daughter.”

  Dilbert did not immediately reply. His eyes darted to someone in the gallery. Undercover cop, perhaps?

  “What was it? A drug offense? Was she peddling drugs in the alley behind the bar? I know others have done it before.”

  Dilbert stuttered, but no words emerged.

  “You are under oath, sir. It’s one thing to hide the truth. But if you commit actual perjury, you could go to prison for a long time. And any deal you made for your daughter will be revoked.”

  Still Dilbert didn’t speak.

  “Was the deal written down? Were charges brought against your daughter and then dropped? Do you think we can’t find the paper trail?” Dan came closer, his voice rising. “We found the expunged warrant. We’ll uncover this immunity deal, too. And when we do, you’ll be looking at a prison sentence. As will your daughter. You won’t be able to catch up with her when both of you are behind bars.”

  Dilbert looked stricken. His eyes darted all over the place.

  “The court wants the truth, sir. This is your daughter’s last chance.”

  Jazlyn rose, but Dilbert spoke first. “I was just trying to help Suzie.” His voice was high-pitched and strained. “She’s my little girl. Any father would do what I did.”

  Dan exhaled. At long last. “That’s no excuse for perjury.”

  “It’s not her first time.” Tears rushed to Dilbert’s eyes. “She’s looking at five years minimum.”

  Dan checked the faces in the jury. They looked uncomfortable. No one enjoyed seeing someone suffer like this. He decided to go easy. Cruelty wouldn’t help Sweeney’s case.

  “So the arrangement was that if you testified, the charges against your daughter would disappear?”

  Dilbert nodded. “And they did.”

  “Did the police tell you what to say?” He didn’t bother eliciting the names. He knew Internal Affairs would be investigating soon.

  “No. I knew what they wanted.”

  “Mr. Dilbert, were you even at the bar that night?”

  “Yeah. And I saw Sweeney and Andrus and the woman.”

  “But there was no fight?”

  “No. I think they made an appointment to meet later. But they just talked.”

  Jazlyn shot up. “Which does not in any way prove the defendant did not commit this murder.”

  True. But there was no fight, and there was no security footage showing Andrus going to Sweeney’s office. Sweeney was still the top suspect. The body parts were in his freezer. But piece-by-piece, Dan was dismantling the prosecution case.

  “Let me also add,” Jazlyn said, “that I had no knowledge whatsoever of any deal or arrangement regarding this witness or his daughter.”

  “And let me also add,” Dan said, “that I absolutely believe the district attorney. There may have been some underhanded actions at the SPPD, but I don’t believe M
s. Prentice knew about it. I’ve known her for years, know her to have great integrity, and know that she would never call a witness she thought might be tainted.”

  Smulders nodded. “I appreciate that counsel.” He turned toward the jury box. “I will instruct the members of this jury to disregard the prior testimony of this witness. But then, I suspect you already have.”

  Chapter 40

  Hernandez slammed his fist down on the tiny table in the dimly lit motel room. His anger was palpable. He could feel it. And he wanted to make sure his two associates could feel it as well.

  “This is intolerable!” he bellowed. He knew he should probably keep his voice down. These walls were thin. The hotel was filled with cockroaches. Not bugs. Human cockroaches, people who would sell their own mothers for a dime bag of low-grade cocaine.

  Jose and Santiago sat on the filthy bedspread. They looked worried. Good. They damn well should be. Neither spoke. That was also good. He wanted them cowed. He wanted them humiliated. And desperate to redeem themselves. “Explain yourselves.”

  Jose looked at his comrade, who looked back at him. “I did as you asked. I eliminated Lombardi. I terrified the sister.”

  “Not well enough. Her brother continues to work for our enemy. She herself appears in the courtroom assisting. It seems you cannot even frighten a frail woman, Jose. Perhaps you are more a woman than a man.”

  “You told me not to kill her. You said you didn’t want her seriously injured.”

  “You failed to even frighten her.”

  “Forgive me, sir, but I can assure you she was frightened. Terrified.”

  “If you want her killed,” Santiago added, “we can make that happen. But I do not believe she will be scared away. Any more than Pike has been.”

  “So we just let Sweeney slip through our fingers?”

  “He is on trial for murder. My contacts say he is likely to be convicted.”

  “I have read the news reports. One by one, that stupid lawyer has undermined the prosecution witnesses.”

  “But Sweeney is still the most likely suspect. And when a crime as ugly as this one occurs...jurors see clearly. They want to feel safe. They want to put someone behind bars, whether sufficient proof is there or not.”