Dig Two Graves Ch. 04

At least this time Susie has to look away. Only for a moment though, and when she looks back into my eyes, the prosecutor's mask is in place.

Bill pulls another document from his portfolio. "This is a copy of the original document you gave my client," Bill says, handing each of them a copy of the "original" affidavit. "We are curious if either of you noticed the decidedly different tone between the first and second pages of the affidavit you apparently believe to be the truthful one. Did you notice the first page is a harassment complaint? The second page accuses my client of poor leadership skills, as if it is a performance evaluation. These two pages don't fit together."

"That's an opinion you and your client seem to share by yourselves." Vicky Gambino says.

"Susie," I blurt out, again forgetting my promise. "Heidi told me she never saw that first page. She says the original first page was my performance appraisal. She says she signed the second page and was told to initial both pages. She says there was no notary there!"

"Of course she'll say that Jake. You've coerced her into covering your ass! Has anyone noticed that this woman signed two completely different affidavits? Doesn't this speak of her character?"

"You know damn well of Heidi's character," I challenge.

"Now that's what I want to see, my husband sticking up for his lover against his wife."

I look at her flabbergasted. "Pot calling the kettle black," I simply respond. But at the same time I see Susie's resolve weakening a little. She knows I speak the truth about Heidi's character. She may have lost all faith in me, but she hasn't about Heidi.

"How come Heidi hasn't said anything about this until now? She would have known about the affidavit last week," Susie challenges.

"Heidi's brother has had a drug relapse and was jailed. Heidi's been down in Houston with her family trying to take care of the situation. Of interest, would either of you venture a guess as to who actually secured the signature on this document?" Bill asks, waving his hand at the copy of the initial affidavit."

Neither one of them rise to Bill's bait. "The HR Executive Director herself, Ms. Hinckley, went all the way out to Heidi's house to get Heidi's signature, just hours before Heidi left to go to Houston. Hinckley offered to help Heidi with her brother's problem. She told Heidi not to worry about how much time she needed to spend in Houston, to spend all the time she needed. Hinckley even told her that my client personally sent her out to see Heidi with instructions not to worry about any family leave. Jake didn't send Ms. Hinckley out on that trip. Why would an Executive HR Director go so far out of the way to help Jake's former secretary without even telling Jake? Why wouldn't she send one of the several HR representatives that work under her? And that's not to mention the fact Jake didn't even know about any problems with Heidi's brother until yesterday. And it's our understanding that Ms. Hinckley is a close personal and professional ally of Mr. Schmidt, someone you have recently allied yourself with if I'm not mistaken.

Susie glances at me at the reference of her and Schmidt. For a moment she pales, but then almost as quickly the hard prosecutor mask descends and she theatrically throws up her hands. "None of these arguments matter," she says. "The pictures themselves condemn you. Even if the woman in the pictures is not Heidi, you obviously were fucking somebody. I'm not divorcing Heidi. I'm divorcing you."

Bill's hand again tightens on my forearm cautioning me. Bill looks at Vicky and says, "It's our understanding from the meeting yesterday there were two and only two points of contention leading to the suit for divorce. While both are damning on their own, together they make an impelling case. We have already cast significant doubt about the first contention, the affidavit. We have even more information that will completely shred any remaining doubt about the initial affidavit and prove it to be forged. The second contention is the pictures about which we have raised significant doubts. Wouldn't it make sense for everyone to cool down, take a step back, and get the facts before proceeding?"

"The original affidavit hasn't been proven false," says Vicky Gambino. "As far as anyone knows, Ms. Bevis is in those photographs and she's now trying to cover up for her boss. After accusing him she's had second thoughts and doesn't want to bite the future hand that will feed her. Nothing has proven that the original document is not valid."

Bill looks at me and I subtly shake my head about revealing the information about the tattoo at this time. It doesn't appear that either of them is receptive.

"As just said, there is data that will shred any doubts about the original affidavit. We only need the time and opportunity to present it."

"I sincerely doubt that and I am tiring of all this grandstanding," chirps in Susie. "Jake, believe me, I took a firm look at the evidence. It made me sick to my stomach. I then had experts look at it and they confirmed it. This charade that you and your lawyer insist on presenting only makes you look all the more desperate and despicable."

"Desperate and despicable? To have arrived at the conclusions you have proves one thing that you failed to look objectively and also failed to consider all the facts. It's obvious for one thing that you have completely ignored any issues of character. After you see what we have to show you this morning I'm confident you'll be looking at it quite differently. What we will show you will completely obliterate the two pieces of evidence you are set to hang me with." I literally clinch my teeth to prevent myself from adding any more comments about the previous Friday and ... well as Bud said it's not the right time or place. At least not right now. In the back of my mind I have to wonder why I am even sitting here?

"Jake, this isn't a game. This isn't something you have to win at all cost, even to make stuff up."

Suddenly I know why I am still sitting here wanting to prove my innocence. "Whatever we show you can be easily authenticated, or at least already has been. But you're wrong to some degree. You're right, it's not a game. But it is something I have to win. You accused me of something extremely egregious. Something I would never consider doing. You impugned my dignity and my character. And you punished me severely, both emotionally and physically for something I never did. Even if you refuse to see the light, what we have done the past few days to completely disprove everything you have thrown at me is important to me. It is up to you to determine if it is important to you, and eventually us."

"Thank you for those brilliant remarks counselor," Susie retorts sarcastically.

I smile back at her, mainly because I know it pisses her off when she's trying to get under my skin and I just smile back.

To head off a deteriorating conversation Bill interjects, "Do either of you know about the invisible printer codes the U.S. Secret Service requires printer manufactures to print on each sheet of paper?" Not surprisingly, Susie knows all about it. However Vicky Gambino has never heard of it. I sit back and sip my coffee while Susie in her normal concise and efficient ways brings her lawyer up to speed.

"So what about these invisible codes?" Vicky asks.

"Are you aware that the two sheets that make up the supposedly "original" affidavit you gave me on Monday were printed at different times on the same day?

"Wouldn't that make sense?" Vicky asks. "The sheets would come out of the printer at slightly different times."

"Yes it would," Bill counter. "Except in this case, the second sheet was printed at 7:03 AM. The first sheet was printed fifteen hours later at 10:13 PM. That sheet was printed after the affidavit was signed by Heidi and supposedly notarized. It was printed hours after Heidi got on a plane and was in Houston. If Heidi was in Houston, how did her initials get on that page?"

I watch as Susie sits a bit straighter and skeptically narrows her eyes. "You can prove this?"

"You can prove it yourself. Your staff has even more expertise than what we are able to provide. It's something that could have easily been done before," Bill counters with a dig. Bill reaches down into his portfolio and rifles through several folders until he finds the one he wants. "Here you are," he throws the folder on the table. "This is the same folder and same original so-called affidavit you gave me Monday. Have your experts go through it."

She pulls the folder off the table and opens it, checking the contents. "I will," she says emotionlessly.

"So assuming they were printed at different times. That doesn't necessarily prove anything malicious as you claim. Perhaps there was a typographical error and they just reprinted the first sheet?"

"Ms. Gambino," Bill quickly speaks up. "I'm sure you're aware that would never be done with a document that was supposedly notarized. But more importantly ... if they did reprint the first sheet, how did you explain Heidi's initials on it? Remember Heidi was in Houston by the time that sheet was printed."

"Not only that," I add. Heidi's initials on the first sheet are not in ink, but in toner. The same toner used to print the first sheet. This fact confirms Heidi's recent affidavit that she had never seen or initialed that page."

"I think we have sufficiently proven that at least the first sheet of the affidavit you have presented is in fact a forgery. That not only was it not signed by Heidi Bevis, but in fact she never even saw that page until it was presented to her this week by Jake." Bill adds.

Without admitting anything, the look on both Susie's and Gambino's face told me all I needed to know. They know that affidavit was forged.

"I do hope you realize," Bill adds. "The very fact the affidavit is a forgery also introduces malicious intent."

"I hope you are not suggesting my client forged that affidavit or has done anything maliciously!" Vicky quickly says.

"I think it's clear that your client has done several things quite maliciously!" I add hotly.

Bill's squeezing hand again forces me to close my mouth.

"We are not insinuating that your client had anything to do with forging that affidavit. We even have evidence as to who did. It is a shame that your client didn't execute sufficient due diligence to discover this information for herself. It only took us, with much less resources, a few hours once we had the document in our possession. But then we suspected it was false to begin with while your client did not." Bill holds up his hand to quench an objection from Gambino. "We wish to move on and present other information to you."

Again reaching down into his portfolio, Bill produces another folder. Opening it he distributes two copies of the badge log data for the day the initial affidavit was printed. We had already highlighted the pertinent information of when access was gained to the floor as well as highlighted to who those badges belonged. Bill explains what the documents are, and specifically emphasizes that at the time the second sheet was printed at 7:03AM, the badge log indicates only two people on the floor. Bill pauses while he let both women determine for themselves that those two individuals were Hinckley and Schmidt.

Unable to contain myself, "I know who gave you that affidavit Susie. And I also know that you are aware the two of us have been adversaries for years. You knew he has long had it in for me. You should have considered that from the start. He set me up, and you backed him." I glare at Susie, and for once she doesn't hold my gaze and looks away.

Bill says, "Now for what was certainly the more damaging evidence ... the photographs. Yesterday we discussed the very short time period the photographs were taken. We also discussed about how my client didn't move during that time period."

"So you're admitting it's you in that photograph?" Susie asks me directly.

"Yes, unfortunately." I reply.

"So even if that isn't Heidi, you still cheated on me with a woman that looks like Heidi. Maybe you even fantasized it was Heidi?" Susie challenges.

"Do you really think so little of me that you have to manufacture my failings?" I reply hotly. I gather myself and press on. "Yes it is me in that photograph. And no it isn't Heidi. If you look closely at this last picture, you'll see the top of a tattoo at the very base of her back. Heidi, as you might guess Susie, doesn't have any tattoos."

"I'm convinced it isn't Heidi Jake. Heidi's not the problem. You're the problem Jake." Susie says with her anger returning.

"What I would like is a chance to present our findings without being challenged on each and every point," Bill says.

Susie looks at Gambino and then back at me. "No," she says simply.

"Fine," Bill says. "It will only slow up our presentation, it will not change it. First, the reason Jake didn't move in the photographs is because he was drugged."

"Drugged!" Susie says. "How do you know that? And why wouldn't you have disclosed that on Monday!"

"I'll come back to that later. Right now I'm going to press on. Second, these photographs were staged. We have already agreed to the points about the clock and calendar."

"No we haven't agreed. You discussed and we discounted it." Susie challenges again. "Nothing was agreed upon."

"First, do you really think my client is that stupid to allow photographs of him to be taken while cheating? Second, we've already proven that one of your two major issues was maliciously forged. We know quite a bit of effort was put forth to manufacture a fake affidavit. You don't think that casts any doubt on the issue of the photographs? That the people behind the affidavit wouldn't go as far as to stage the photographs?"

"With great effort I'll refrain from commenting on how stupid your client may be. And there can be several reasons why the clock and calendar are positioned as they are."

"What about the water bottle?" Bill asks.

"The water bottle? What about it? You're not suggesting the hotel doesn't sell or provide water?"

"This hotel has an exclusive contract with Mountain Ice. They don't provide any other kind. They don't sell them in the vending machines, not in the dining rooms, nor in room service. If you look closely that water bottle is of the brand Aquafina. It doesn't belong."

"You could have brought that water bottle in yourself."

"True, and he did. And he was given that water bottle by Mr. Schmidt."

"How convenient, it's all Schmidt's fault?" Susie challenges. "He's the reason you cheated?"

"No, this entire situation is not entirely his fault. It's also partially yours," I hiss. "And I did not cheat!"

Bill only glares at me this time, and I settle back into my chair fuming.

"There's a witness. A Mr. Weston was with both Jake and Mr. Schmidt. We have not yet had time to interview Mr. Weston but we are confident that when we do, he'll be able to confirm that Schmidt came back with the last round of drinks and a bottle of water for Jake. That was about 15 minutes before Jake began to feel drowsy. At that time he said goodnight to both Weston and Schmidt and retired to his room, alone I might add."

I smile as Susie begins to look down at her hands. She always does that when she's stressed or feels a situation slipping away.

"Have you seen one of those flip calendars at a hotel?" Bill probes.

Susie raises her eyes. "I'm not the one that needs to be answering questions."

"I'll take your avoidance of the question that you have not seen that type of calendar at a hotel. Or have you?"

"No!" She says emphatically.

"Wanna know who has one of those calendars on his desk?" I add, improvising. I had no idea if Schmidt has one of those calendars or not, but I see an opportunity to bluff.

Susie doesn't answer, her eyes glancing back downward toward her hands.

"We can prove there was a third person in the room."

"You have evidence someone else was in the room?" Vicky asks.

"First, we know the camera was moved. The calendar and clock were turned so that they would establish a time and date for the person taking the pictures. This again goes to the question as to why you would think my client would allow a third party take pictures of him cheating? Or is it more likely he was being set up as we have already proven with the affidavit."

"How do you know the camera wasn't on a tripod? It looks the same angle to me." Vicky asks, with Susie now being quiet and looking at her hands.

Bill explains about the blow up on the pictures and the angle of the clock and the calendar. He then reaches back into his portfolio and extracts the folder with the negatives. Tossing it on the desk near the other folders he invites them to have their own experts examine it as closely as we did.

I look back at Susie. She was now wringing her hands together, her vision fixed. I don't even know if she is still listening.

"Jake, you said you had evidence you were drugged?" Susie suddenly says, drawing herself back into the conversation.

Bill intercedes, "Direct evidence ... no. Lots of circumstantial evidence ... yes. We don't have a water bottle to test. We can't run a blood test on Jake at this late date. But how do you think these pictures were taken. Have you noticed there's no evidence that Jake has even managed penetration with the woman in the photographs?"

"Oh come on," Susie challenges unbelievingly and standing up.

I blurt, "Look for yourself Susie, except look with your eyes open this time. Look without being blinded by what you wanted to believe I was capable of doing. Would it make a difference to you to know that I woke up the next morning with my pants on?"

Susie glances up at me and then back to the pictures. Shaking her head she sits down.

"Jake, everything you've been saying is all directed along the lines of you being set up. Why would he go to these extremes?"

"Susie, you already know he went to the extreme of forging an affidavit! And you already know why! I've been telling you for several months now. He went to those extremes for several reasons and they aren't even that farfetched when you consider the goal. We were both striving for one partnership, a very lucrative partnership. One of us was going to make it. There is a person behind all of this and you know it. You know it as well as you know me. The other reason is that the two of us simply don't like each other, but I think his attitude goes beyond and borders on jealously and hate. Nothing would make him happier than to stick it to me as hard as he could and then rub my nose in it. But he needed someone close to me to make it really hurt."

I watch as all the color drains out of Susie's face. I can see she now realizes fully how much she had been duped. I wonder if she's started to realize that even if she didn't stick the blade in my back, she had a hand in twisting it.

Vicky asks if we have similar evidence of a setup concerning the photographs."

Bill retrieves a VHS tape that Bud had created from different segments of the hotel's security system. After getting permission he walks over to the side of her office and turn on the TV. Inserting the tape, he grabs the remote control and retreats back to our side of the table.

"This is the security monitor tape for the floor of Jake's hotel room on the night these pictures were taken." He presses the fast forward button until the clock says 1:23 AM. He backs the tape up a minute and decides to let the video tape do all the talking. A few seconds later we see the elevator doors open and two people emerge and walk down the hall. They stop and use a key card to enter a room. He fast-forwards the tape again until it reads 1:35 AM. A few moments later the same two people emerge from the room and turn away from the camera continuing down the hallway. They push open another door marked by the sigh "Stairwell" and disappear. He reverses the tape up and plays the whole sequence again.