Compelling Evidence (42 page)

witness seems to think so," I tell Nelson. Wrik down. : "But you were not under any court order, You pelled to call the police, to volunteer this story forgot about, this tale of marital woe that you say vv. you by Mr. Potter, were you?"

"No. I called because I thought it was important."@,‐W "We've been over all this," says Nelson. "So we have," says Acosta. "Mr. Madriani, move

"Certainly, Your Honoi. Let's talk about Mr.'. M I say. "Did you know that your partner Mr. : I'm. ro M Ben Potter's will?"

"Objectioni" says Nelson. "I thought we agreedl evant."

"Maybe you agreed it was. I did not," I tell him. to make an offer of proof, Your Honor, out of the iwitness, demonstrating that this is not only ‐14.. Talia Potter's defense."

Acosta waves us up, a little sidebar at the far ‐;;oi‐ Irk*'.,: away from Skarpellos. 111111 I tell him that other witnesses we will .In hu ed together, will show its relevance sh that the Greek had a great deal to gain from 17V Potter. I show them the operative .paragraph of le, part that makes, Skarpellos his principal M717; Talia Potter cannot be.

Nelson argues, under his silence him. "This witness has lied to your own

'twiqi

"Have you checked his alibi for the night of the w‐7 "We have,"

he says. "It's ironcl;W.11 k@ "It's a lie," I say. "He has tampered with

‐:work. I will prove it."

.11 These are serious charges, and Acosta is taking We back away from the bench. ‐44, 141 "I will allow it," says the judge. A major i( @,‐: briefest moment of whispered argument. I can rq, effect on the jury.

They are wondering what I Coconut that would make such a difference.

,IMR. Skarpellos," I say, "did you know that Hazeltine prepared a will for Ben Pottert' "I don't know, I may have."

"Did you ever talk to Mr. Hazeltine about that He pauses, looking at me.

The lie in his eyes " his lips. He's wondering if I have talked to I'M4@@ : OR him to the stand. Mostly he is wondering if Hazeltine will 0@,Tj: perjury to conceal what happens in every law office with confidence that is chewed over by lawyers who believe they it, @ from the canon that a client's secret is sacred. r7v might have," he says.

61pit might have talked about Ben Potter's will with Mr. 4 ,"jaa;i Surely you'd remember something like that?". I say. gp,it;, talk about a lot of things in the office. I can't remember all." see You discuss confidential attorney‐client information am*ong yourselves in the office. This is sort of like gossay. @Zlrc " He says this with a good deal of contempt. "Sometimes to talk among colleagues, to discuss things, advice, You know." you telling us that Mr. Hazeltine came to you and asked 1101 advice on how to draft Mr. Potter's will?" his shoulders have a five of their own, shrugging like trying to get this monkey off his back. "He might have," can't remembert' I can't remember." of%o let's make this clear," I say. "For the record, Mr. jl.@l t@, isn't it true that you and Mr. Hazeltine discussed Mon's will and that Mr.

Hazeltine told you that you had ‐7, as Mr. Potter's principal beneficiary in die event that @ might happen to Mrs. Potter? Isn't that true?"

"C a calculated risk. But then I know the dynamics of that the firm, and what Tony Skarpellos can exact from the might have," he says. might havet' I thunder at him we talked about it. All right?" right," I iay.

I ease the pitch of my voice back down, a little, as if to say

"See how

easy that was?" il and head for the counsel table and a drink of water, like a major point that has just been scored. As I pour T 77M, w, Harry slides his note pad sideways. The next item agenda. I replace the copy of Ben's will, which I've been a d pull another document from files Harry's organized n table.."'=k at Tony in the box. "Mr. Skarpellos, you were interviewed by RJ7 after the death of Mr. Potter, is that coffectt, "Early the next morning," he says. He tells got him out of bed at three in the morning to ‐wrrmnf@:` was dead. "I assume you immediately went to the of ce'r' "Right away."

"Who did you talk to?"

"The guy heading up the investigation. V7=e, "Good," I say. I'm moving in front of the .,ii ingly pleased that I have gotten him this far. "Do you remember what you talked about Canard?"

"It was confusing," he says. "A lot of chaos all over the place." :"But what did you talk about?"

"He asked me if I knew of any reason wh his

own life."

"And what did you say?"

"I never bought the suicide," he says. "I told I nod that we are in agreement, at least‐ ou maybe I've finally buried the hatchet, like muilqww., up. Skarpellos is breathing a little easier now. "What else did you talk about?"

"He asked if I knew of anybody who might tti‐l anybody with a grudge."

According to the Greek a little strange, but then considered the questions oj Play as part of the police ritual. According to Tony, Ben was a prince, a man he told this to Canard. "It was all pretty routine?"

I say. "The questions

"Sure. "I suppose they asked you where you were that stack K, in the police report I have taken from Harry's on the table. "Yeah. They asked."

"What did you tell them?"

X "I went to a basketball game in the city that

"Oakland?" I say. He

nods. I remind him about the record and the court ‐iwls k puts it in words. : "Um,vt played that night?" I say. t looks at me, more than a little contempt in the eyes. ;#T;@ Lakers," he says. "L.A." He's smiling, like "rry that %olic won?" @61csp know, I can't remember. It was just a preseason exhibihe ‐says. "We left before the game ended and with all the "le , FTM%'fft night‐the next morning," he corrects himself, dn't really seem important."

W‐Wir, M Z r;@," I say. "You say 'we' left early. bid you go game with someone else?"

"W& don't you read the police report, in your hand there, s. Skarpellos smiles at the jury, like

"What am 1, some says here you

went to the game with a woman, Susan MLJ,. This Ms. Hawley is a friend?"

‐Z M‐‐ L she's a friend." '"Have you known her long?" Uicii Honor, where is this going?" Nelson up out of his 6'em‐mr‐mitcs, counsel. Does this have a point, Mr. Madrianit9 11J;T‐ you'll bear with me, Your Honor."

Jejy patience is getting short," says Acosta. you known Ms. Hawley long?" I say. !,A couple of years." *',' Mor, you say she's a social friend, or commercial. Was this he says. Tony's all puffed up, the Greek version of like this woman is somehow his badge of virility. yo udidn't hire her for the eveningt' ik, eyes are two flaming caldrons. Honor, I object. The witness shouldn't be subjected to @@Mof abuse," says Nelson.

He's trying toput himself verbetween us. A reprise of his role in my office the day of the s deposition. Tony is starting to get up out of his chair. Madriani." Acosta's got the gavel in his hand, like he too af, after me. il on the Coconut for a little more latitude. it quick,"

he says. is fuming. There are whispered rantings. into Meeks's '141s, back to the counsel table. Harry has the document waiting for me as I arrive. I slip it between the pages of report. "Mr. Skarpellos, did you ever have any kind of Ms. Hawley that could in any way be termed owww4l(W I linger on the last word a little.."Your Honor, I resent this," he says. The Gieeir the jury will think if they see this woman.

The looking for Hawley‐ Bets are, they will tag her

"Answer the

question," says Acosta. Skarpellos looks at him, like

"What is this,

day?"

"D id you ever have any dealings with Ms. 14 in any way be termed commercial? Was she ever a firm?"

I think he knows what I have. He knows we've 1111.7" 10" m,k firm's trust account records. This, it seems, was @ w Harry and I never expected. If nothing else, it to which Tony Skarpellos had treated the firm's his personal slush fund. "She'sa: friend," he says. "Nothing more."

"Are you sure you want to stick with that?"

He looks at me with no answer, the bushy i. of contempt. "Mr.

Skarpellos, I have a certified copy of a it from the middle of the police report. I woul@ at it and, tell me if that is your signature on the i, He studies it for several seconds, looking at' I'let payee and back to his own name scrawled in a signature line. "We can have an expert come in and igowl .1 your signature with that on the check if you like.‐‐ "It's mine," he says. "Then can you explain to the jury why it thirteenth of last year you made this check out, 44 firm's client trust account, in the amount of U.T.M. Jike@l dollars, payable to Susan Hawleyt' I take T:Ms7%"@,@ check back from him and wave it a little in the He's been tracking me, his mind just far "0'. @w can tell he's come up with something. He ta full height in the chair, his head cocked jlq($JILIII.I.@ "That was a personal loan," he declares. "A personal loan," 1‐howl. "Do you often ‐[email protected]

"What were the terms of this

loan?" I ask. "What do you mean?" he says. "The terms"" I say. "N'at interest dfcl you 01mr‐H simple or compound, how long did Ms. Hawley the loan?"

"We never discussed that," he says. "Was there anything in writing other than the lmf@' check?" I say. "No."

"I see. So you just wrote a check for ZVI, dollars, without any promissory note, no statement to be paid, or the term for repayment, no 4 1 the money is for, and you come here and you O@jalv believe that this twenty‐five‐thousand‐dollar check w‐1 Ms. Hawley?"

"That's what it ‐was," he says. "No," I say. "That's not what it was, and you and it. That twenty‐five thousand dollars was to buy .1 Potter's Ms. Hawley, an alibi for the night of Ben that true?"

"That's a lie," he says. "Is it really?"

"That's a damn lie," he says, hoping this latter ‐"ill impact with the jury. But his body English falls i convey either anger or indignation.

If demeanor count for much, the only emotion now apparent is fear. He's still sputtering from the witness box. "Not

"You've hated me from the

beginning, because friend Acosta's on his gavel, hammenng away. He coming. "You were his enemy," he says. "You and her."

Acosta's now up out of his chair, towenng tri‐, hammering on the railing around the witness Tony's ear. He is bellowing at the Greek, at the

"Mr.

Skarpellos, another word and I'll hold you in says. Skarpellos is one sentence, one angry burst and Acosta knows it. Ambition, judicial ia I .

@M P eyes. If he had a gag, even a garrote, he would wl'@ Skarpellos splits an infinitive, stops in ‐s‐eftiffmm the angry judge, and reins in his wrath. ‐I will have no more of this," says Acosta. He points his ".: like a blunted sword at the Greek. Their eyes meet and coconut makes plain who is in charge here. Halting, never A UP eye contact, like he's warding off some mongrel dog 16a for an opening, the judge finally takes his seat, ucounsel."

He looks at me. "Are you finished?" uite, Your Honor." tw1Vr;1;,1et on with it." 4, have the certified copy of the Greek's check marked for

`7FF4WUR#)o and move it into evidence. There's no objection Nelson.

Meeks is making notes. I can tell by the way he the Greek that these are little mental ticklers to take a at the statutes on embezzlement. MM, at Skarpellos. "As I recall, you told police the morning or.‐ murder that you couldn't think of anyone who might kill Potter. Is that correct?"

adrenal Wow, at me. He's breathing heavily now, a lot of ine . *de that barrel chest. insi MM.‐L that's right." k‐mi it true, Mr. Skarpellos, that you yourself had a heated ‐7 m , with the victim, Ben Potter, only a few days before he @01,711rrr "!@ looks back up at Acosta. "This is bullshit," he says. I d ,0 on' t to put up with this." Jlai; witness will answer the question," says Acosta. "And he W W his language while he's in my courtroom." tkim‐for‐1, Your Honor. I apologize. But this is not true. I never vs argument with Ben Potter. We were good partners."

you should so testify," says Acosta. "But watch your i,‐," Acosta hods toward me to continue. X it true, Mr. Skarpellos, that in fact Mr.

Potter had discovi'vitt you had taken sizable sums from the firm's client trust diverting those moneys to your own personal use, and 41T‐.'gave you an ultimatum, that unless you paid that money restored it to the trust account, he would report you to the tmoo is garbage. I don't have to answer that." it true that Ben Potter discovered you

‐stealing money trust account and threatened to report you to the bar, to You disbarred from the practice of law?" 0,7 s garbage," he says. I don't know where you're hearing

"I've warned you once, Mr. Skarpellos. I

won't I don't accept that kind of language inmy 6011111 1 are a lot of indignant looks flashing from the like maybe the judiciary and the courts are some o temperance league. "Mat question can be yes or no,"

saysacosta. "No," says Skarpellos. "Are you telling us that you never took any wo@ trust accountt' "I'm taking the Fifth," he says. I retreat to the counsel table and retrieve the

"Besides the check," I say, "that

you wrote to it true that you failed to pay over funds owing to one Melvin Plotkin, for whom your firm had MT‐.r.T*a

two‐hundred‐and‐fifty‐diousand‐dollar injury caset' "Where did you hear thatt' he says. "A lotta I hand him a copy of the forinal letter of ‐qo) Plotkin with the bar. Mr. Plotkin had made five . firm for payment over a period of seven months. 0 the case had gone to the Greek, imploring him to the client, but Skarpellos had ignored them. es" C the inside dealings on this, anxious to implicate M searched for the letter dictated by Ben to Jo ox the bar. So far we have been unable to find this iwol the Plotkin letter is the.next best thing. "I ask you to examine this letter, Mr. 1, whether you've ever seen a copy of it before."

Again he looks at it, but his eyes are not M I M‐, He's stalling for time. ‐11 "Where did you get this?" he says. "There's nary finding in this case, no action taken by investigations are supposed to be confidential."

"Not from a criminal courts subpoena," I tell :,X‐@ "Your Honor, this is a terrible breach of *@ii@ invasion of privacy," he says. He gets no sympathy from the judge. "I would ask you again, have you ever seen zp@x Mr. Skarpellos? You will notice that you are at the bottom," I tell him.