by J J Miller
“No, but it’s relative,” said Slovak. “What I lent to Chip I could afford to lose, and I knew he would pay me back.”
“Because he was foolish with his own money?”
“He made a couple of bad investments. He’s hardly Robinson Crusoe in that regard.”
“The court has heard that the defendant was hungry for money, desperate even. We’ve heard he was out to make some fast money. That’s true, is it not?”
“I don’t think that’s fair.”
“We’re not here to talk about what’s fair, Mr. Slovak. We’re interested in what’s true. We are trying to ascertain the character of a man charged with committing a double murder. And he was driven by money, wasn’t he?”
“I wouldn’t say that.”
“But when you approached him to join HardShell, you told him that the job paid extremely well, no doubt?”
“Naturally. Everyone wants to know the pay when they’re talking about changing jobs.”
“Did he tell you that he was in debt then?”
“He did mention an investment that went bad.”
“Is that when you offered him the loan?”
“Yes.”
Winter’s confidence was way up now. He positioned himself beside the lectern, his hands now clasped in front, his body swaying ever so slightly back and forth as he rocked on his feet.
“Mr. Slovak. Did the defendant ask you if there was any extra money to be earned in the job?”
“Yes. That’s when we talked about the financial services I’d put together to offer clients. I thought Chip, being a personable sort of guy, would do well as a sales rep. In that capacity, he could earn commission on every client he signed up.”
“So you then trained him up on establishing crypto accounts and that sort of thing?”
“Yes. He needed some basic training so he could answer most of the things clients would want to know, and boost their confidence.”
“That seems very generous of you, to offer him such an attractive package. No wonder he jumped on board.”
“It was a win-win for him and HardShell.”
“Mr. Slovak,” said Winter, his voice ringing with confidence now that he had the cross-examination back under control. “We now understand that the defendant was heavily indebted to you. He owed you money and you gave him a job. But you were heavily indebted to him, weren’t you?”
Shit. He knows.
I’d told Slovak I wanted to keep this out of the courtroom, and he understood why. Now, put on the spot by Winter, he wasn’t sure what to say. He looked at me then addressed Winter.
“I’m not sure what you mean exactly,” he said, unconvincingly.
“I think you know exactly what I mean. The defendant saved your life in Iraq. You were wounded and exposed to the enemy and the defendant dragged you to safety. I mean, that’s putting it in a nutshell but does it ring a bell?”
“Yes. He saved my life.”
“And you have remained indebted to the defendant ever since, haven’t you?”
“Yes, figuratively.”
“I’d suggest there’s nothing figurative about it, Mr. Slovak. If not for the actions of the defendant, you would be dead. Are you telling the court you do not feel a deep sense of gratitude toward the defendant?”
“Anyone would.”
“But a debt of such magnitude—you would never do anything to harm him.”
“Is that a question?”
“No. But this is. Would you say you are truly able to testify without bias in this case, a case in which the man to whom you owe your life needs you to vouch for him?”
“I’ve said he wasn’t perfect.”
“Yes. But he could be reckless and take great risks, couldn’t he?”
Slovak remained silent.
“Mr. Slovak? The defendant was desperate to make money, wasn’t he?”
Slovak bowed his head. I watched him with dread. He nodded, “Yes.”
“He had everything needed to commit this crime. The motive, the know-how, and the ruthlessness, didn’t he?”
“You’re twisting it—”
“Did you ever think that Chip Bowman was guilty?”
“What does it matter what I think?”
“Oh, it matters. Just as it matters that bullets from his gun ended up in the bodies of his co-workers, your co-workers. What about your loyalty to those men? What about your loyalty to their families and loved ones? Or do they not count?”
“No. I mean, of course they do.”
“Do they not deserve justice? Do they not deserve the truth?”
“Yes.”
“I think it’s time you put justice for the victims of this heinous crime above personal loyalty, Mr. Slovak. Do you think the defendant killed those men?”
Slovak bowed his head. “I’d like to think not.”
An excited murmur sprang from the gallery.
Winter stood silently for a few moments, letting Slovak’s response hang there.
“Well, that’s a ringing endorsement if ever I’ve heard one. Nothing further.”
Winter gathered up his notes with an air of satisfaction and stepped back to his table.
With Slovak’s testimony at an end, I rested my case. Judge Birch declared that the court would adjourn for the day and that closing arguments would begin the next morning, with the jury instructions to follow.
I barely heard the sound of the gavel after Judge Birch spoke. I was already thinking about my closing statement. The way I saw it, none of those jurors could have a resolute conviction about either Chip’s guilt nor innocence.
It was a such a close case. Not what I wanted, and now it appeared that my words could be the deciding factor.
More than ever, Chip’s fate was in my hands.
Chapter 42
Winter moved to the lectern, which was now pivoted to face the jury, and without pausing began to speak. He was itching to start, and drive the final nail home in the State’s case against Chip. Like me, he would have taken nothing for granted. He would have reasoned that neither of us had put a lock on this case.
At this moment, I couldn’t help but revise my take on the state of play. I told myself, again, that I must have seeded significant doubt into the jury’s collective mind. Enough, anyway, to have them question deeply whether or not they could, in all good conscience, convict my client.
Could Winter now negate my gains with his words?
“Ladies and gentlemen of the jury, over these past days we have sought to present to you how two good men came to die. Two men who were executed in a brazen bid to steal a fortune in cash and legal cannabis.
“We have no idea where the stolen assets are, but that is where the speculation ends.
“The evidence I have presented, the evidence that was compiled by diligent, professional men and women, experts in their field, tells a tragic story of unchecked greed stampeding over every virtue.
“It tells the story of one man who was so out of his depth financially, who was so far from his material ambitions, so far from the life that he desperately wanted, that he stooped to plot against, to deceive, and to kill the people who trusted him the most.
“His co-workers Nathaniel Reed and Bo Hendriks, had put their lives on the line for their country. And at HardShell, while the risk was less than that of war but still very great and very real, they put their lives on the line for each other.
“And what did the defendant do? He used that implicit trust against them. He ditched the honor of duty and commitment.
“Driven by greed, he planned an audacious, murderous money grab. He waited until the most vulnerable moment to kill the men that he knew would stand in his way. He knew they were professionals of the highest caliber. He knew that they would carry out their job of keeping their cargo safe with unerring vigor. He knew that to get the money he needed to kill them in cold blood. And to kill them he had to have the advantage of surprise and the grace of trust.
“And so that’s what
he did. He waited until his two co-workers were close. They were probably just chewing the fat about what they were going to do after the shift. They’d just worked four ten-hour days. They were about to get four days off. Maybe go fishing. Hiking. Camping. Spend some time with their loved ones. But none of those simple plans would ever come to be. Because at that moment, the defendant drew his weapon fast and put a bullet straight through Bo Hendricks’ forehead. Bo was no longer a friend, a co-worker, to the defendant. He was an obstacle. He was a life that had to be extinguished for the defendant’s own gain.
“Quickly, the defendant swung his weapon at Nathaniel Reed. But as he did so, Nathaniel, who had just seen his best friend executed, was quick to respond. He drew his weapon, and seeing the defendant’s gun now pointed at him, fired as soon as he could. The premature shot did not reach its desired mark. It struck the defendant in the leg, just as he fired into Nathaniel’s face.
“But Nathaniel’s bullet is akin to him pointing a finger at his killer. He succeeded in hitting his target, at least. He succeeded, then, in telling us who his murderer was.
“The defendant made sure of his cold-blooded work. He fired another bullet into each man’s head. And then, as blood drained from his leg wound, he collapsed.
“This is not a scenario that required imagination to put together. All it required were the facts. Ladies and gentlemen, the facts tell the story here. They tell it without reservation and without wonder. There are no gaps here. As you have seen, the bullets, the fingerprints, the science have all built a rock-solid account of what happened that terrible night.
“How the defendant planned to get away with this horrific crime is not our concern.
“Our concern is the evidence presented.
“It’s unequivocal. The bullets that killed Nathaniel and Bo were fired from the defendant’s gun. No one’s fingerprints other than his were on that weapon.
“We know the defendant was in debt, and that he had big plans for the future. But those plans required a lot of money. The kind of money that he didn’t have. The kind of money he could not earn fast enough for his liking.
“So, he took a diabolical short-cut.
“And no, it does not look like he acted alone. But we are not here to find out who his accomplice or accomplices were. The defendant’s not going to come clean and tell us now. He’s lied to everyone.
“He’s lied to his wife.
“He’s lied to his boss.
“He’s lied to his friends.
“He’s lied to his co-workers.
“And he’s lied to the court. To us.
“Well, those lies are no match for the truth of evidence.
“I have presented the case for the State as diligently and as thoroughly as I possibly could. Now, it’s up to you.
“It’s up to you to see that justice is done for the families and friends of Nathaniel and Bo.
“It’s up to you to hear the loud and clear message the evidence is telling you.
“It’s up to you to see that this heinous crime does not go unpunished.
“On the weight of such compelling and overwhelming evidence, the only verdict that will deliver justice here is guilty.
“Thank you.”
Chapter 43
“Good luck, Mr. Madison,” said Chip quietly as I pushed my seat back to stand. Chip’s words almost stopped me in my tracks. There was something about the tone—a humility, a sincerity—that struck me as being utterly selfless. Here, at his most critical moment of need, when no one could blame him for feeling overwrought with what might befall him, Chip was rooting for me like I deserved to excel, as though I’d earned it.
But how much was any amount of fine oratory worth if the man beside me was jailed for the rest of his life?
Nothing.
I had to reach the jury. I had to.
“Ladies and gentlemen, the nature of a trial is by its very nature adversarial. One side argues vehemently to get you to see things their way and the other tries equally hard to do the same.
“There is common ground, though, in that we are not assessing different evidence here. And as ridiculous, as astounding as it sounds, you can be asked to believe stories that barely alike but which are borne of the very same evidence.
“How is this possible?
“It’s possible because of this irrefutable fact—none of us knows exactly what happened that night.
“The prosecution rests their argument on the fact that the two victims were killed with the defendant’s weapon.
“They say that this is how it went down. We had two shots here, then two more, and then one last shot. So this is how the defendant killed those men and ended up with a bullet in his leg.
“Now unlike my friend sitting at the prosecution table, I don’t claim to know the exact order of those bullets being fired. No one can. Not even the defendant. He can’t remember what happened. And the fact that he can’t remember anything about the night has been attacked.
“It’s an explanation, not an excuse. Chip Bowman can’t remember anything because he was out cold. Now that blow to the head gave him the perfect excuse to lie, to feed the police details that he wanted them to believe. But he did no such thing. He did not seek to mislead. He simply couldn’t remember. He told the police that, over and over again.
“Think about that.
“Remember: you owe it to this man to presume that he is innocent. Don’t you ever forget that. It is your duty to hold fast to that principle until all doubt has been removed.
“You have to entertain the possibility that the blow to the back of Chip’s head did not come from hitting the ground as he collapsed. He was knocked out by one of the robbers. If they were going to get their hands on that fortune, they needed Chip out of the way. Why? Because he’s honest. He’d never allow it.
“And whoever struck Chip might have been known to Nate and Bo. Another colleague perhaps. Maybe the three of them had planned it together. And Nate and Bo were double-crossed. Maybe the killer didn’t want to share after all. So he took Nate’s gun and put a bullet into Chip’s leg, letting him live so that he took the blame. After the killer shot Nate and Bo with Chip’s gun, all he had to do was plant the gun in Chip’s unconscious hand.
“Why shouldn’t you believe that story? It’s just as credible as the story the prosecution has proffered. Like I said, same evidence, different story.
“The victims knew their killer. Yes, we are certain of that. They were shot with Chip’s gun. Yes, we are certain of that. And there’s someone out there who has gotten away with murder. Yes, we are certain of that too.
“This story is no more far-fetched than the prosecution’s. I would argue it is less so. Remember what you heard earlier in this court, how innocent civilians in Iraq were murdered and then had weapons planted on them so they could be classed as insurgents.
“Nate and Bo were accused of doing this exact thing in Iraq to escape the reach of the law.
“The other thing we’re certain of is that it was an inside job. The person who killed Nate and Bo knew them well. They knew him, and on that night had no reason to distrust him. And this person, the real perpetrator of this terrible crime, is still out there, laughing at having set up Chip Bowman, and counting his piles of money and cannabis.
“You have heard about the ruthlessness of the men who are employed in this industry. You have heard of the robberies that have preyed upon cannabis businesses in recent times. You have heard that it has become as lawless as the Wild West.
“But as I have shown you, Chip Bowman is no cowboy. To judge his character, go by his proven actions. Go by the fact that he went to his boss to express his concern that there might be some illegal activity going on. Go by the fact that he did this because he wanted to do things right. Yes, he wanted to make money. But he wanted to do that the right way, the honest way.
“Chip Bowman worked hard. He did extra shifts, undertook sales work, to bring in more money.
“Yes, h
e had debts. But he had set about recovering them in the right way, the honest way. He put his head down and did the work.
“You cannot simply assume that his poor financial position makes him a desperate villain, a man who planned to kill to get his hands on a fortune. How many times have you heard of millionaires being broke at least once in their lives before going on to strike it rich?
“Members of the jury, if you buy the prosecution’s argument that my client is guilty, then you must ask where was his out? How did he envision getting away with it? Because that has not been presented.
“The prosecution is happy to say Chip Bowman had debts, so he was desperate, and so he had motive. Well, if he was that determined, if he was that smart, then how did he end up unconscious with a bullet in his leg?
“The law says you must rid yourself of all reasonable doubt before reaching your decision. You cannot in good conscience tell me there is no room for doubt in the case against Chip Bowman.
“Unless you can honestly say there’s no reasonable explanation other than the version presented to you by the prosecution, then you must find the defendant Chip Bowman not guilty.
“Thank you once again for your time.”
Chapter 44
“Will they let him come home?”
Carrie Bowman’s voice was tinged with strained hope. We were driving from the court back to my office, where Megan was looking after Carrie’s two girls. It wasn’t the first time Carrie had sought my reassurance. Positivity from her husband’s lawyer was a rope for her to cling on to, particularly after hearing Winter portray Chip as a cold-blooded killer.
Carrie’s predicament was never lost on me. Her presence in court was a reminder that if I failed, her husband would never come home, her daughters, Hannah and Tracy, would never see their father anywhere else other than inside a prison.
“I can’t say for sure, Carrie, but I’m optimistic.”
I always spoke candidly with Carrie, never promised what I couldn’t deliver. But I did promise to do absolutely everything in my power to bring Chip back to her. And, in the event of him being found guilty, I would be straight onto an appeal.
