Mary gasped. “I can’t believe he’s doing this. This must be what he meant on the phone, before. But this is defamation. This is slander.”
“No, it’s not.” Judy shook her head, looking grave. “It not defamation if it’s a statement of opinion, and he’s couching it in those terms. Defamation arises when it’s a misstatement of fact that damages somebody’s reputation. For example, it’s defamation to say ‘he was drunk in the operating room,’ but it’s not defamation to say, ‘I believe he’s a drunk.’ And, truth is an absolute defense. The statements of fact, like the fact that we were called in to the police station, or that John said he believed he was discriminated against, are true. It’s not defamation, but he’s killing us and the firm.”
“MARE, HE’S NOT GONNA GET AWAY WITH THIS! I’M TELLIN’ THE BOYS! HE CAN’T TALK ABOUT YOU THAT WAY! I ALWAYS HATED HIM AND HIS SPACONE FAMILY!”
“Va, fanculo!” Mary’s mother shook her fist at the television, and Mary didn’t translate the Italian, which was self-explanatory.
Machiavelli continued, “So ask yourself? Who stands to gain the most if John Foxman, the key witness against them, ends up dead? Murdered?”
The reporter shook her head. “But these are only allegations, isn’t that correct?”
“That’s up to your viewers.” Machiavelli turned to the camera and looked into it directly. “Everybody out there can make up their own minds. The main witness against Mary DiNunzio, Judy Carrier, and Bennie Rosato was found murdered. He was the only male lawyer who worked at this all-female law firm, and he had already come forward to say that he was leaving them because he felt that he would not make partner there, as a man. How far will these lawyers go to protect themselves and their corrupt law firm? Do we have to spell it out?”
Suddenly Machiavelli held up a video on his phone, showing uniformed police officers leaving the building that held Rosato & DiNunzio, carrying several cardboard boxes and a large desktop computer. “If the partners weren’t suspects, why would police be raiding their office today, taking John Foxman’s office computer and files? I have the footage right here, you can see for yourself!”
“When did that happen?” Mary asked, horrified.
Judy recoiled. “When we were with William. Oh no, I hope they didn’t search my office too. And what about my apartment? Do you think they searched my apartment? My laptop?”
“God, I hope not.” Mary’s mind raced. Things were happening so fast, she could barely keep up. “I don’t think they have enough for a search warrant against you yet, or Bennie or me. They can seize John’s property as part of the investigation, but not yours.”
On the TV, the reporter turned, shaken, to the camera. “This is a live interview, and certainly, these views do not necessarily represent the views of our station, management, or anyone in its—”
Mary pressed Off on the TV remote, plunging them into stunned silence. Until her and Judy’s cell phones started ringing like crazy.
CHAPTER TWENTY-FOUR
Mary hurried off the elevator with Judy, waddling as fast as she could with a bellyful of baby and ravioli. The lights were on in the reception area, and they hurried past the reception desk and down the hall, but their steps slowed as they passed John’s office, where Judy’s face fell into crestfallen lines. John’s large desktop computer was gone, his typically neat bookshelves had been searched, and his desk drawers hung open, with some of the files missing. Black smudges of fingerprint dust marred the tan file cabinets, the surface of his cherrywood desk, and even the doorknob.
Judy stopped, stunned. “I can’t believe that they took his stuff, just like that.”
Mary put an arm around her. “Don’t let it get to you, honey. It’s standard operating procedure. But they don’t have enough to search you yet. And we’ll do our damnedest to make sure they never do.”
“Thanks.” Judy let Mary guide her toward the conference room, where Bennie, Anne, Roger, and Isaac were sitting around a table covered with London Technologies documents, empty pizza boxes, and styrofoam coffee cups. The combined odors of caffeine and anchovies hung in the air, making Mary feel almost sick to her stomach. Or it could’ve been the circumstances.
“So they showed up with a search warrant?” Mary gestured at John’s office.
Bennie nodded. “I would’ve called you but didn’t since you were with John’s brother.”
“There was no mention about searching Judy’s office or ours, was there?”
“No, they don’t have enough, and they knew they’d have to have their ducks in a row before they come at us.”
“Do you believe Machiavelli is going after us this way?” Mary eased into a chair. “I tell you, this is what he does. He even called me and Judy this morning, pressuring us to settle. He said he was going to use John’s murder against us.”
Judy sat down, next to Mary. “I have to admit, that TV interview scared the crap out of me. He spoke directly to the camera, pressuring the police to arrest me. To investigate all of us. He’s peddling that conspiracy theory like it’s real. We could all end up in jail.”
Mary shuddered. “I thought my parents were going to have a heart attack. They never heard my name on TV that way. He accused me of being a murderer. He accused all of us of being murderers.”
Anne looked grave, turning to Mary and Judy. “He’s ruining our reputation. Jim and Sanjay called and they’re nervous.”
Bennie’s eyes flashed with cold anger. “We’re going to fight back, that’s what were going to do. I will not lose Jim and Sanjay. I will not lose any other business.”
“What’s going on? Have you lost other clients already? I think mine are running scared, too.” Mary’s clients had been calling on her cell nonstop, so she’d put her phone on silent.
“Yes, we didn’t get Nutrex. You know, that independent stock brokerage that we put on the dog-and-pony show for?”
“What happened?” Mary asked, aghast. Nutrex wanted to bring a massive securities fraud action against the big-time stock brokerages and they had interviewed the top firms in Philly, including Rosato & DiNunzio, two weeks ago.
“They passed on us. No explanation. I got an email from the general counsel. Not even a call.”
“But he told you that we were a shoo-in, didn’t he?”
“Yes, but now that were being accused of murdering one of our own, they’re not hiring us.” Bennie’s eyes glittered with resentment. “Do you know how much business that would’ve been?”
“So what do we do? How can we fight this? He’s ruining our reputation and he’s putting Judy in jeopardy. He’s putting all of us in jeopardy.” Mary noticed suddenly that Roger had remained silent and still while they were yapping away, like the calm eye of a lawyer hurricane. “Roger, what do you think?”
“I think we have a worthy adversary.” Roger smiled calmly, linking his fingers on the table behind a half-finished garden salad.
“So what do you think? What do we do? Hold a press conference? Counter what he said? We have to react.”
“No.” Roger shook his head. “We don’t have to react.”
“Why not?” Mary shot back.
“Nick Machiavelli is doing what he does. In other words, he’s performing in a way that’s consistent with who he is. Whether it’s because he is a genuine ancestor of Prince Niccolò Machiavelli, he epitomizes Machiavelli’s ethos.”
“Does this matter?” Mary felt her patience wearing thin. They had all been accused of murder on national television, and even worse, somebody had killed John and broken William’s heart. And Judy’s.
“Yes, Mary, it does matter. Machiavelli’s way is, ‘The end justifies the means.’ If we understand his way, then we can predict his next move.”
“Okay, now we’re talking. How do we take him down?” Mary rolled her chair closer to the conference table, or as close as she could get. The baby was remarkably quiet, so maybe it didn’t mind anchovies as much as its mother.
“We do not ‘take him dow
n.’” Roger made air quotes. “We do not counter, fight back, or engage.”
“We don’t?” Mary felt deflated.
“No. I have already had this conversation with Bennie, and she agrees. I hope you and Judy will see it my way, as well.” Roger cleared his throat primly. “Given Machiavelli’s way, as we just discussed, he will continue to ratchet up his attacks on the firm. We can predict that with absolute certainty, now that we understand his ethos.”
“And we’re going to take it lying down?”
“I don’t know how to deal with that statement, so I won’t.” Roger’s eyelids fluttered, apparently involuntarily. “We do not meet his energy with coequal, oppositional energy. It would be counterproductive over the long term. We wait and issue a brief written statement to the effect that we are mourning the loss of our friend and colleague John Foxman and remain one hundred percent behind efforts by the authorities to bring his killer to justice.”
“And we’ll deny the allegations of murder and conspiracy, won’t we?”
“No, we’re not even going to refer to those allegations.” Roger glanced at Bennie, who nodded in grudging acceptance, so he continued. “We are going to defuse the situation. We are going to not react to him in a way that he expects. It will defang him. It will disarm him. It will take the sting out of his accusations. It will isolate him. It will show him for who he is, a bully, spouting lies.”
“In other words, we’re not adding fuel to the fire.” Mary got it, though it wasn’t her instinct. “But I hate letting such personal accusations stand. It’s outrageous.”
Judy remained silent, as did Isaac, though Mary guessed that Isaac was already up to speed with the game plan.
Roger nodded slowly. “Mary, I understand your position. I hope I have your consent to do things my way. As I told you when you interviewed me, we have different energies. My way to think about this is that we set our path and follow it. Cleave to it, and in the end, we will find ourselves where we need to be.”
“Haikus aside, does that mean we win?”
“In the long run, yes.” Roger smiled, just the slightest. “So do I have your consent? I’d like you and Judy to be on board, since Bennie has already said yes.”
“Okay,” Mary answered, trying to make peace.
“I agree, Roger,” Judy said quietly.
“Thank you. Isaac and I will draft the statement and will show it to you before we issue it tomorrow. In the meantime, to the extent the press cycle returns to the story, they will rerun ad infinitum the footage of Mary and Judy outside the Roundhouse. Given our silence, they will have no other choice. That will inure to our benefit.”
“That’s true,” Mary said, brightening.
“Excellent.” Roger looked up suddenly, as Lou entered the conference room, looking uncharacteristically disheveled. His steely-gray hair was out of place, and his navy-blue sportcoat was wrinkled, though he still looked natty with his loosened tie and khaki pants.
“Folks, I’m getting too old for this. I been knockin’ on doors all day. I feel like I used to when I was a beat cop, back in the day.” Lou rolled out the chair next to Mary and flopped down. “And then on the way home, I hear Machiavelli on the radio in the car. He’s got some nerve, doesn’t he? I want to punch that kid in the face.”
Bennie made a hurry-up motion. “Lou, how did it go? I’m dying to know what you found out. Next time, make sure you charge your phone, so we don’t have to wait all day to hear from you.”
“I tried to find a pay phone.” Lou shrugged, defensively. “I looked everywhere. First I got one that had no receiver, then I got one that had no dial. It’s a disgrace! I never understand why these knuckleheads break—”
“Lou, what did you learn?” Bennie asked, urgent.
“Okay, relax.” Lou grabbed a Coke from the table, popped the tab, and took a slug. “Let me tell it right. First off, so Mary told me that the cops told her and Judy that they had two witnesses. One was John’s next-door neighbor, who heard them fighting and puts her there the night of the murder.”
Judy looked over. “Right, she lives to the left of John’s house. Her name is Linda Stallworthy.”
“Right. Linda. I talked to her.” Lou nodded. “The other witness they had was a lady out the back, who saw through the window. She was an eyewitness but she didn’t hear anything. She saw Judy and John fighting in the apartment. She’s the website designer, remember?”
“Right.” Bennie nodded. “Did you talk to her, too?”
“Yes, pretty girl but too skinny, in her thirties. Barbara Mulcahy.”
“And what did she say?” Bennie asked, defaulting instantly to cross-examination mode.
“Don’t rush me.” Lou put up a wrinkled hand. “The headline is this. They both identify Judy positively. The next-door neighbor, Linda, she likes you, Judy. She said you’ve been seeing John for a while, so she’s going to confirm that for the cops, but she also said you never fought before, that it was very unusual for you to fight. She told me that she told the cops that too, but I guess they didn’t tell you that.”
“No, they didn’t. We never fought, really.” Judy swallowed hard, and Mary patted her hand.
Bennie asked, “Lou, what did Barbara Mulcahy say? The one who saw through the back window.”
“She confirms what the cop said too, that she was worried about Judy’s safety during the fight. Not that John took a swing or anything, on account of she had an abusive ex. She didn’t hear anything but she saw it. So there’s nothing new there.” Lou took another slug of Coke. “Barbara stopped watching the window after you left, but you know what time you left. She just knows that she looked back at the window and you weren’t there.”
“Did she see John?”
“No.” Lou frowned, his concern folding into the deep lines of his tanned face. “So, that could mean that the killer had already come and gone, unless you can see him on the floor from the window. I don’t know the angle of the window.”
Judy grimaced. “I don’t think you can, but I’m not sure.”
Lou eyed her with sympathy. “Sorry, honey. This can’t be easy for you.”
Mary rubbed Judy’s back. “She’s doing amazing, poor thing.”
Lou took another slug of Coke. “So I talked to eight other neighbors, three on the same side of the street as John and four on the opposite. Hold on a second, I wrote it down. The addresses.” He tugged an old red notebook from his jacket pocket, flipped it open, and read silently to himself.
Bennie looked at him like he was nuts. “Lou, wanna let us in on it?”
“Nah. Waste a time.” Lou flipped the notebook closed. “It was just the details, like house numbers and names. I’ll type it up for you later. Bottom line, none of them saw anything, none of them heard anything. None of them could identify Judy from a picture. One of ’em had hair the same color pink. They’re yuppies, they’re never home, they got a bunch of wacky artsy jobs. I got nothin’ from them.”
Bennie nodded. “What about surveillance cameras? Did you find any other cameras?”
“No.” Lou shook his head, buckling his lower lip. “There’s no camera at the other intersection because there’s no traffic light there, only a stop sign. I stopped in at six restaurants and an art gallery on that three-block strip. No cameras, so far. I’ll draw ya a map later and show you exactly who I talked to and where.” Lou sighed. “Now, one of the managers in the Mexican restaurant on that block was out today and will be back tomorrow, so I’ll follow up. And I’ll call up some of my guys on the force and ask them where are any other cameras they know of. Then I’ll follow up.”
Mary knew it was a tough break. “Okay, that sucks, but let’s stay with my original theory, which is, unfortunately, proving a negative. We can’t show yet that somebody else came from the opposite direction. But the police can’t show that there was nobody else but Judy. So we have to keep hammering that it had to have been someone who came in after she left the apartment.” Mary glanced at Judy,
who was on edge. “I just can’t figure out why anybody would want to kill John. Can you?”
“No, not at all.”
“He got along with the neighbors?”
“He hardly knew them. He was private. You know how he was.”
“Was he ever burglarized before?”
“Not that I know of.”
“Never mugged or anything?”
“No.” Judy raked her fingers through her hair. “I just can’t believe they suspect me of killing him. This is a nightmare.”
“Honey, don’t worry, they need a lot more than they have to meet reasonable doubt.”
“That’s true,” Bennie added. “It’s not enough to charge you, Carrier.”
“What more do they need?” Judy raked her hands through her hair again. “I should know, but I can’t even think. It’s been a horrible day.” She looked over at Roger, almost apologetically. “And I’m trying, but I don’t feel very centered right now.”
Roger’s expression softened. “That’s completely understandable, Judy. I have some thoughts that may help you with your loss, which I can let you have at a more appropriate time. As you know, there is much in the teachings about passing on to the next stage.”
“Yes, in Buddhism, too.” Judy sighed. “But I have more immediate worries, like the police.”
“Of course. I’m not a criminal lawyer, so this is beyond my ken.”
Bennie leaned forward. “Carrier, before they can charge you, they need physical evidence, for starters. Trace evidence, like DNA, hair, fibers, fingerprints, maybe blood.”
Judy bit her lip. “But my blood, hair and prints will be all over his apartment, and sooner or later, the cops are going to call me back in. I’m going to have to give samples. I don’t have a right to refuse that.”
Mary’s thoughts raced. “But not on the murder weapon, right? The detectives told us that they think John was killed using the base of a lamp. Did you touch the base of the lamp?”
Feared Page 17
