Part 56 (2/2)
Freeman shook her head.
”You have something to add, Ms. Freeman?”
”Your Honor, I think defense counsel has treated the court and the justice system with nothing but contempt from the start of this trial. He didn't even answer your question just now. He didn't say it wasn't his plan, Your Honor. He just said he had no idea. Those are two separate things and they underline the fact that defense counsel is sneaky and has tried to sabotage this trial from the start. He has now succeeded. All along Opparizio was a Fifth witness-a straw man he could set up in front of the jury and then knock down when he took the Fifth. That was the plan and if that is not a subverting of the adversarial system, then I don't know what is.”
I glanced at Aronson. She looked mortified and maybe even swayed by Freeman's statement.
”Judge,” I said calmly, ”I can only say one thing to Ms. Freeman. Prove it. If she's so sure this was some kind of master plan then she can try to prove it. The truth is, and my young, idealistic colleague here can back me on this, we did not even become aware of Opparizio's organized crime connections until just recently. My investigator literally stumbled across them while tracking back all of Opparizio's holdings as listed in his SEC filings. The police and prosecution had the opportunity to do this but either chose to ignore it or came up short of the mark. I think counsel's upset largely extends from that, not what tactics I employ in court.”
The judge, who was still leaning back and looking at the ceiling, made a waving gesture with his hand. I didn't know what it meant.
”Judge?”
Perry swung the chair around and leaned forward, addressing all three of us.
”So what do we do about this?”
He looked at me first. I glanced at Aronson to see if she had something to offer but she looked frozen in place. I turned back to the judge.
”I don't think there is anything that can be done. The witness invoked the Fifth. He's done testifying. We can't go on with him selectively using the Fifth whenever or wherever he wants. He invoked, he's done. Next witness. I have one more and then I'm done, too. I'll be ready to give my closing tomorrow morning.”
Freeman could no longer take it sitting down. She stood up and started pacing a short pattern near the window.
”This is so unfair and so much a part of Mr. Haller's plan. He brings out the testimony he wants on direct, then pushes Opparizio into the Fifth, and then the state gets no cross, no redress at all. Is that even remotely fair, Your Honor?”
Perry didn't answer. He didn't have to. Everybody in the room knew the situation was unfair to the state. Freeman now had no opportunity to question Opparizio.
”I'm going to strike his entire testimony,” Perry declared. ”I'll tell the jury not to consider it.”
Freeman folded her arms across her chest and shook her head in frustration.
”That's a h.e.l.luva big bell to un-ring,” she said. ”This is a disaster for the prosecution, Judge. It's completely unfair.”
I said nothing because Freeman was right. The judge could tell the jurors not to consider anything Opparizio had said but it was too late. The message was delivered and was floating around in all their heads. Just as I had intended.
”Sadly, I see no alternative,” Perry said. ”We'll take lunch now and I'll be thinking further on the issue. I suggest you three do the same. If you come up with something else before one, I will certainly entertain it.”
No one said anything. It was hard to believe it had come to this. The end of the case in sight. And things falling just as planned.
”That means you can all leave now,” Perry added. ”I'll tell the deputy that Mr. Opparizio is relieved as a witness. He probably has the whole media throng in the hallway waiting to devour him. And he probably blames you for that, Mr. Haller. You might want to steer clear of him while he's in the courthouse.”
”Yes, Your Honor.”
Perry picked up the phone to call the deputy as we headed toward the door. I followed Freeman out and down the hallway to the courtroom. I was expecting it when she turned on me with nothing but pure and piercing anger in her eyes.
”Now I know, Haller.”
”Now you know what?”
”Why you and Maggie will never get back together again.”
That put a pause in my step and Aronson walked right into me from behind. Freeman turned back around and kept going.
”That was a low blow, Mickey,” Aronson said.
I watched Freeman go through the door to the courtroom.
”No,” I said. ”It wasn't.”
Fifty-one.
My last witness was my trusty investigator. Dennis ”Cisco” Wojciechowski took the witness stand after lunch, after the judge told the jurors that all of Louis Opparizio's testimony was stricken from the record. Cisco had to spell his last name twice for the clerk but that was expected. He was indeed wearing the same s.h.i.+rt from the day before, but no jacket and no tie. The fluorescent lighting in the courtroom made the black ink chains that wrapped his biceps clearly visible through the stretched sleeves of the pale blue s.h.i.+rt.
”I'm just going to call you Dennis, if that is okay,” I said. ”It will be easier on the court reporter.”
Polite laughter rolled through the courtroom.
”That's fine with me,” the witness said.
”Okay, now, you work for me handling investigations for the defense, is that correct, Dennis?”
”Yes, that's what I do.”
”And you worked extensively for the defense on the Mitch.e.l.l Bondurant murder investigation, correct?”
”Correct. You could say that I piggybacked my investigation on the police investigation, checking to see if they missed anything or maybe got something wrong.”
”Did you work from investigative materials that were turned over to the defense by the prosecution?”
”Yes, I did.”
”Included in that material was a list of license plate numbers, correct?”
”Yes, the garage at WestLand National had a camera positioned over the drive-in entrance. Detectives Kurlen and Longstreth studied the recording from the camera and wrote down the plate number of every car that entered the garage between seven, when the garage opened, and nine, when it was determined that Mr. Bondurant was already dead. They then ran the plates through the law enforcement computer to see if any of the owners had criminal records or should be further investigated for other reasons.”
”And were any further investigations generated from this list?”
”According to their investigative records, no.”
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