Corrupted (37 page)

“Thank you, Mr. Stokowski.” Bennie had almost forgotten something. “I have one last question. You testified that my client said to Mr. Grusini, ‘Do you know what day this is?' Is that correct?”

“Yes.”

“Did you ever find out what my client meant?”

“No.”

“Thank you, Mr. Stokowski, I have no further questions.” Bennie turned and walked away, leaving the question hanging in the air. There was nothing wrong with leaving the jurors a mystery, after all.

“No redirect, Your Honor!” Martinez said, already on his feet. “The Commonwealth would like to call its third witness.”

Judge Patterson, thinking about a midmorning break, asked Martinez for a proffer, and Martinez said that the next three witnesses were bar patrons who would corroborate Stokowski's version of the bar fight. Bennie had seen this coming, objected as their being cumulative, and offered to stipulate to the facts of the bar fight as established by Stokowski. Martinez agreed, and Bennie sat down, satisfied.

Martinez also put up an IT expert who had examined Jason's laptop and testified about the number of times that he Googled Richie, Ackermann, and Richie's home address, as well as searched Richie's Facebook page (five times daily), his Instagram account (three times), and Twitter account (three times daily). Bennie didn't cross-examine, because sometimes, a lawyer had to know when to shut up.

Judge Patterson faced the jury. “Ladies and gentlemen, this has been a lot of testimony to absorb in a short time. You are dismissed for a midmorning break.”

 

CHAPTER FORTY-SEVEN

Bennie and Lou headed down the long hallway of white cinderblock, which led to the secured conference room for defendants and defense counsel. Bennie looked over at Lou, hoisting her purse to her shoulder. “How are we doing, Coach?”

“Not bad.”

“That's what I thought,” Bennie said, tense, as they walked along. “Do you think I needed to recross Stokowski?”

“No, you made the right call.” Lou flashed her an encouraging smile. “I like the way it's going in, but we got hurt on motive statements from the uniform. The jury didn't like it.”

“I know.

“And the computer stalking. The jury didn't like that, either. It hurts us.”

“I had to leave it alone. It is what it is.”

“Agree. On the plus side, the mugshot really worked. Before that, they were shooting Jason the hairy eyeball. But once that picture came up, I think they felt sorry for him.”

“Good.”

“I'm watching two guys in the back row, a black one and a white one. They're about my age, the accountant and a steamfitter, and they look at each other every time you talk. I can't tell if they don't like what you're saying or they can't hear you. Talk slower.”

“I hate talking slow.”

“They're both from Delaware County, one from Norwood and one from Aston. Throw in some Delaware County references. Show 'em you know the terrain.”

“But I don't.”

“Say Pica's, it's a pizza place. Everybody knows Pica's. Even that brunette from
30 Rock
, she's talking about Pica's all the time. She's from Upper Darby, you know?”

“Really? Tina Fey?”

“Yes, everybody knows that. You need to get out.” Lou chuckled, then it faded. “I'll tell you another thing, the press is trying to figure out why you're on this case. I told them no comment, but all they have to do is Google your name and Jason's to connect the dots.”

“Actually, it's not that easy. Jason's records were sealed because he was a juvenile and they were eventually expunged. Anyway I don't have a problem with that. Let them do their homework.” They reached a locked gray door, where a uniformed sheriff standing guard broke into a dentured smile when he saw Lou.

“Lou Jacobs, as I live and breathe!”

“Dan, that you?” Lou clapped him on the arm. “I thought you were retired.”

“I'm tired, not retired.” The sheriff unlocked the door. “How the hell have you been?”

“Can't complain,” Lou answered, standing aside to let Bennie into the conference room, a small windowless box with scuffed white walls and four black chairs, one of which held Jason, his hands cuffed.

“Hey, Jason,” Bennie said, sitting down with her purse and pad on her lap, while Lou closed the door behind them and sat down.

Jason looked up, nervous. “Bennie, I'm confused. You told the jury it was self-defense, but like I said, I was framed. Somebody put the knife in my hand.”

“Jason, you keep saying that, but as I keep telling you, we tried everything to investigate who might have framed you and we couldn't come up with anything.” Bennie stayed patient, even though she had explained this many times before. “Nobody on Richie's side would talk to us, and now it's time for trial. I can't just say ‘he was framed' because I have nothing to support that theory, so I came up with a theory I can support. Self-defense. You knew I was going to do that, remember?”

“Yes.”

“And you said it was okay, which it is. It's my job.”

“Yes.

“I don't understand one other thing.” Jason bit the cuticle on his thumb, despite his handcuffs. “You said to the jury that it's never the defendant's burden to prove anything. So why do we need a theory and support and all that?”

“Good question.” Bennie could see how she had confused him. “Support and proof aren't the same thing. We don't have to
prove
anything, that's harder, but we have to come up with something to say,
anything
. That's not proving a theory, it's supporting one. I'm trying to do that without you because I can't put you up and I have nothing else, no other choice.”

“But you can say it was self-defense, like you told the jury. Why isn't that good enough?”

“Because I'm not a witness. I'm not sworn in and I have no personal knowledge. What a lawyer like me says in court is not evidence. It's argument. That's why in an opening, lawyers always have to say ‘the evidence will show that,' or ‘the testimony will be that.'” Bennie tried to explain. “I'm doing exactly what you called me for. I'm giving you a perfect defense, with nothing to go on. You need to get on board with this. I won't put you on the stand, but you have to let me do my job. Do you know what the penalty is for first-degree murder? It's life without parole.”

“I know that, I know that.”

“You didn't want to enter a plea because you don't want more time in prison. If we lose, that's exactly what's going to happen.”

“I know that, too.” Jason bit his nail again, and Bennie could see that his fingers were trembling.

“Do you want to change your mind and make a deal? I think I could get it back. Martinez doesn't know that you don't want to get on the stand. He thinks you're going to get up and say that you killed Richie in self-defense.”

“But if you make a deal, I have to go to prison, for like, ten years.”

“Yes, at least, that's right.” Bennie recalled that they had discussed it at the prison, too.

“Can you get less?”

“No. Remember what I told you, it's all about the economics, the money. When we turned down the Commonwealth's offer, we made them spend money. They have to prepare a case, and that takes lawyers, investigators, secretaries, and staff. It's expensive, and if you make the Commonwealth pay, then they hold it against you.”

“But the guys in lockup, they've been telling me what a ballbuster Martinez is. It's not like I never told a lie, but if you put me up there and he starts working me over, I'll screw it
all
up.”

Bennie knew it was true. “I said, I won't put you up there and ask you to lie. That's suborning perjury. I've never done that before and I'm not going to do it now.”

“Then what are you going to do?”

Lou looked over, frowning, and Bennie knew he had the same question.

“I will keep developing reasonable doubt and I'll try to offer support for our theory the way I have been, by inference. You never know. Maybe a witness will give me an opening, or maybe I can make the cross-examination seem like more than it is. That's up to me.”

Bennie looked at Jason. “Is there anything else you want to ask me? Any questions I missed or anything you think I should cover?”

“No.” Jason bit his lip, showing his jagged incisor. “I'm sorry, I feel like I'm really messing this up.”

“You don't have to drive this bus. I do.” Bennie turned to Lou. “How about you, Coach? Anything I should be doing that I'm not?”

“The Delco reference. Pica's.”

“I'm above that sort of chicanery.”

“The hell you are.” Lou smiled. “By the way, how did you know it was hunting season?”

“I didn't.” Bennie turned to Jason. “Was I right?”

“Yes.”

“The hits just keep on coming,” Bennie said, managing a smile.

 

CHAPTER FORTY-EIGHT

Emily Ratigan, the waitress from Eddie's, looked miserable as she was sworn in and sat in the witness box, casting a regretful eye at Jason. Her red hair was longer, falling to her chin and framing her soft baby face. She'd covered her freckled cheeks with foundation, but she had only light makeup on her greenish eyes, and she'd dressed up for court in a cropped navy jacket, with a white camisole and jeans.

Martinez addressed her at a distance from the witness box. “Ms. Ratigan, you did not want to appear today to testify in court, did you?”

“No.”

“And you're appearing today only because you were subpoenaed to appear, isn't that correct?”

“Yes.”

“Ms. Ratigan, why is it that you had to be subpoenaed to appear to testify?”

“Because I like Jason and consider him a friend.”

Martinez faced Judge Patterson. “Your Honor, I would like to qualify Ms. Ratigan as a hostile witness.”

“No objection,” Bennie said, having no grounds. Martinez's calling Emily as a hostile witness enabled him to question her as if he were cross-examining her.

Judge Patterson nodded. “Proceed, Mr. Martinez.”

Martinez faced the witness. “Ms. Ratigan, please tell the jury how you came to be friends with the defendant.”

“I wait tables at Eddie's, and he comes in there to eat dinner.”

“Ms. Ratigan, isn't it true that he comes in to eat dinner almost every night, that he sits at the same table?”

“Yes, he's a regular.”

“Isn't it also true that his table is out of the way and is not easily visible from other areas of the bar?”

“Yes.”

“Ms. Ratigan, isn't it true that the restaurant is divided from the bar by a wooden divider that also conceals the defendant's table from view of the bar area?”

Emily pursed her lips. “I wouldn't say it
conceals
it, but it makes it hard to see the table.”

“Fine, I stand corrected.” Martinez paused. “Isn't it true that defendant, when he sits at his table, always sits at the seat on the right, which gives him an unobstructed view of the bar?”

“Yes.”

“And isn't it also true that the defendant has been in the dining area a number of times when the victim in this case has been sitting at the bar, alone or with friends?”

“Yes, that's true.”

“Ms. Ratigan, you said you consider yourself friends with the defendant, yet he did not tell you that he knew the victim in this case, did he?”

“No,” Emily answered, after a moment. “But I don't think that means anything. There's a lot about his life he didn't tell me. He didn't tell me that he was in Kids-for-Cash—”

“Move to strike as unresponsive.” Martinez whirled around to face the judge.

Bennie rose. “Objection, Your Honor. There's no reason to strike that from the record. It was completely responsive, and Mr. Martinez just didn't like the answer he got.”

Judge Patterson arched an eyebrow. “Ms. Rosato, spare us the editorializing. Still, there's no reason to strike the witness's answer. Please proceed, Mr. Martinez.”

“Ms. Ratigan, moving on to the night this murder occurred. You were there that evening in the bar, were you not?”

“Yes.”

“Ms. Ratigan, how did the fight in the bar start?”

“Objection, Your Honor.” Bennie stood up. “This has been asked and answered. We provided for this by stipulation, and I would stipulate to Ms. Ratigan's testimony as well.”

Martinez looked over. “Then I have no further questions, Your Honor.”

Judge Patterson turned to Bennie. “Ms. Rosato?”

“Yes, Your Honor, I have a few questions.” Bennie approached Emily with a smile. “Thank you for coming today. We're interested in hearing the truth, so you don't have to feel bad about being here.”

“Thank you.”

“Ms. Ratigan, please tell the jury, since you're a friend of Jason's, what kind of person is he?”

Martinez rose, frowning. “Objection, Your Honor. Is defense counsel turning the witness into a character witness, as we speak?”

Bennie addressed the judge. “Your Honor, as a matter of fact, I am. Evidence Rule 404(2)(c) is an exception to the general rule and provides that in a homicide case, the prosecutor may offer evidence of the victim's so-called ‘trait of peacefulness' to rebut evidence that the victim was the first aggressor. That applies as well to the defendant.”

“Correct, counsel. Overruled, Mr. Martinez. Proceed, Ms. Rosato.”

“Ms. Ratigan, please tell the jury what you think of Jason's nature, in this regard.”

Emily tilted her face toward the jury. “Jason is a definitely peaceful, very nice man. We always talked when he came in for dinner and he was always very kind. He never raised his voice or made any fuss at all. Everybody on the staff likes him, and he always tips us really well, even though he doesn't make a lot of money. He left me a—”