B.A. Hammer Returns Ch. 11

We returned to the courtroom the next morning. The DA spoke as soon as the judge called the room to order.

"Your honor, we still have no idea how that money was moved. However, we wish to continue our case."

"Proceed Mr. Berrington. Call your next witness."

"I call Nicholas Donald." Here we go. We will finally hear what his story is. He looked very nervous.

"Mr. Donald let's start with that money. Did you move that money?"

"No sir. I have no idea how that got moved into my account."

"Do you know the defendant?"

"Yes, he is a translator for the company I work for."

"Have you had any dealings with him?"

"Just at work."

"Are you acquainted with the victim?"

"I saw him at the company. He came to a couple of meetings I attended."

"Was the defendant at any of these meetings?"

"Just one."

"What is your job at Redthorne?"

"I am an account rep for several of our customers."

"Do you have any customers in Afghanistan?"

"Mostly American companies, but I did do some business with Afghan companies."

"Did the defendant assist you with the Afghan companies, translating, etc.?"

"Yes, occasionally."

"Did the defendant ever confide in you about his personal life?"

"He told me he had trouble getting some of his family out of Afghanistan and wondered if I could see about getting him a raise at work. He seemed desperate for money."

"Did that change at any time?"

"Yes, for the last year or so he stopped talking about needing money."

As Berrington turned away, he casually spoke. "I wonder why."

"Your honor, I object." Brick was up and steamed.

"Mr. Berrington, you know better than that. His snide comment is stricken, and the jury is instructed to disregard the DA's comment."

"I apologize, your honor. Your witness."

Brick sat at this desk for a full minute staring at Donald. Just as the judge was starting to ask him if he had any questions, Brick stood up. "Mr. Donald, how long have you worked at Redthorne?"

"Nearly fifteen years."

"And how long has the defendant worked there?"

"I'm not sure."

"Let me refresh your memory. He has been there five years. Now, let's move on to Mr. Carrington. You say you only were in meetings with him. Were you ever at his apartment?"

"Never."

"Really, you sure about that? What if I told you your fingerprints were found in his apartment?"

Before Berrington could object, a shaken Donald admitted. "Okay, maybe once or twice, but it has been a while."

Berrington just sat down. "First you say you only saw him at meetings, now you admit you have been to his apartment. I wonder what else you are hiding?"

Berrington couldn't let that pass. "Your honor..."

"I apologize, your honor. Mr. Donald, when was the last time you were at his apartment."

"I don't remember."

"A week, a month, a year. You are going to have to be more specific sir."

"I don't remember, a month or so."

"A month or so. Then can you please explain this." Brick laid the picture of him under the streetlight in front of him.

"Mr. Blackstone, you know you can't use evidence that is not approved by the court first." The judge held her hand out and took the photo. Berrington was right there to look at it next.

"I object, your honor. He can't just bring things like this into court without warning."

"Mr. Blackstone?"

"Your honor, this was taken the night of the murder outside of Mr. Carrington's building. Mr. Donald walked right by the police officer's car. They did not stop him. I saw no reason to think they were interested in him. I didn't know who he was until much later."

"You will need to produce the person who took this photo to lay the proper foundation."

"I can do that, your honor. However, I don't think we need to give Mr. Donald time to consult with his bosses, or time to think up an excuse. May I show him the photo on the contingency that I will be able to provide the proper foundation. The man who took this picture is on my witness list."

"Is he here presently?"

"No, your honor, it is not time for my case. He is working. I can have him here tomorrow."

"Very well. I will allow Mr. Donald to answer your questions. However, if your witness does not satisfy me, I will strike this entire line of questioning."

"Understood, your honor. Now Mr. Donald, what do you have to say about being outside of the victim's apartment building at 11:15 PM on the night of the murder?"

If Donald could have crawled under the floor right then, he would have. He was looking at the DA, the other Redthorne people in the courtroom, anyone who might help him with that answer. "I didn't kill him. I didn't. OK, I told Ahmad to be there, and I let him in, but then I left. I have no idea what happened after I left."

There was a stunned silence in the courtroom. Berrington just looked down, quietly. Donald was looking for help anywhere he could, but his people wouldn't even look at him.

"Let me see if I have your testimony straight now. You went from only seeing Carrington at the office, to being in his apartment a month before to being there the night of the murder. Is the latest story the correct one?"

"I swear it is."

"I'm finished with this witness, your honor, for now." Brick sat down in obvious disgust.

Berrington stood up. "I call Sam Jones."

Sam Jones came to the stand. He was the opposite of Donald. Confident in every way. Once seated, he looked straight at Brick and smiled.

Berrington began. "Mr. Jones, are you employed by Redthorne?"

"Yes, I am their lobbyist in Washington."

"In the course of your job, did you have occasion to meet Mr. Carrington?"

"Yes, I met him through his boss, Senator Minton. The Senator asked me to deal with Carrington concerning my business for Redthorne in Washington. I did so."

"Were you ever in meetings that had Redthorne people and Carrington?"

"Yes, once. I introduced Carrington to Isaiha Cummings. He is the CEO of Redthorne. I brought Carrington into a meeting and introduced him to everyone in the meeting."

"Was the defendant in the meeting?"

"Not that I remember."

"Your witness, Mr. Blackstone."

"Thank you. Nice to finally meet you, Mr. Jones. I have heard a great deal about you."

"I hope you won't form any judgements about me without finding out for yourself first?"

"I am pretty sure I have a good idea. Now, Mr. Jones did you help Redthorne during their time in Afghanistan?"

"I did. I lobbied for them with the military and the government of Afghanistan. I can say we helped the war effort with the needed supplies to hold off the Taliban."

"I see. And did you help them with the shipments to Ukraine?"

Berrington couldn't get out of his seat fast enough. "Your honor, I object. It's irrelevant, immaterial, and not proper cross-examination. I didn't cover anything about Ukraine in my original questioning."

"Your honor, Mr. Berrington opened the door when he asked Mr. Jones about his job with Redthorne. I believe that gives me the right to see what that job entails."

"I agree. The objection is overruled. Answer the question, Mr. Jones."

"Glad to, your honor. I have no idea what Mr. Blackstone is referring to. I just established Redthorne in the military community. Whatever they may or may not have done since that time is unknown to me."

"No more questions for now, your honor." Brick sat down, but he didn't try to hide the smile on his face. As Jones walked by, he looked at Brick and winked so only this side of the room could see it. The judge, DA or jury could not see it.

The judge asked Berrington how much more he had before he was finished.

"Your honor, I still need to find out where the defendant's money went. Other than that, I believe I have established the defendant's quilt."

The judge looked at Brick. "Mr. Blackstone, will you be able to start your case tomorrow?"

"Yes, your honor."

"We are dismissed until tomorrow."

Stevie was waiting for me when I got back to the office.

"What did you say to SDS? They dropped Redthorne this morning like last week's newspapers. There is widespread speculation on the street they may file bankruptcy by the end of the week."

"I'm not surprised. I warned SDS their name would be all over the papers by the end of the week. Brick dropped the name of Ukraine in court today and several of the Redthorne people turned white. We have them."

I went to Brick's office to discuss our next move.

"I will start tomorrow with a dismissal motion. The judge won't issue it, but I want the jury to see how thin their case is. Then, I will call the Senator as my first witness. Then I will call Ned Knowles to verify he took the photo in question and give his details. My case may only take a day."

I nodded and headed home. Mary was lying on the couch. She is very close now. Maybe a week or so. "My love, you look radiating."

"I look like a cow about to give birth. I want this kid out of me now."

"Just a little while longer, sweetheart. When you see that little face, all of this will be forgotten."

"You are right. I'm just tired. I think I'm going to bed." I helped her up and into the bedroom. I helped her get ready for bed and into bed. I kissed her goodnight and headed in to talk to Kitty.

"How's things here been?"

"Quiet as church mice. I think this is almost over."

"I agree. Rumor has it Redthorne may file for bankruptcy by the end of the week. This case should be over in the next day or so. I am so ready to just be a father and take my wife to the hospital when it is time."

Kitty smiled, "And I will be ready to get back to my life. Although I must admit, it has been nice to see how the other side lives. I will miss the comfort."

"Anytime you want to change careers, if Fat Tony allows you, I will take you and Burt in a heartbeat, and that is a promise." She smiled as I headed to bed.

The next morning, the courtroom was packed. The overflow room was also filled. When everyone was seated, the judge spoke. "Mr. Blackstone, are you ready to begin?"

"Yes, your honor. I would like first to file a motion for dismissal. The prosecution has not proved their case. With Donald's admission, it is fifty-fifty that he killed Carrington. There is certainly reasonable doubt."

"Mr. Blackstone, the motion is denied. Let's hear your case and let the jury decide."

"Very well, your honor. I would like to begin with my opening statement."

"Ladies and Gentlemen of the jury. I am sorry you are here for this. As many of you may have begun to surmise, the prosecution's case is mostly circumstantial and inferences. There is very little hard evidence. I will show you that the defendant was not the person who had the most to lose with Mr. Carrington staying alive. I will show you a large conspiracy to illicitly move weapons around the world, and that it began to unravel. Someone needed to silence Mr. Carrington, and they needed a fall guy. All I ask is that you remember, any reasonable doubt means my client is innocent."

"I call Ned Knowles as my first witness."

Ned came to the stand and was sworn in. "Mr. Knowles, what is your profession?"

"I am a private investigator."

"Do you work for B.A. Hammer?"

"Yes."

"Would you relate the events of August 20^th last, please?"

He proceeded to narrate his testimony exactly as he had told me in the beginning.

"Did you take this photo?"

"I did, on the evening of August 20^th, at 11:15 PM."

"Thank you. Your honor, I wish this photo to be entered into evidence as Defense exhibit number 1."

"Mr. Berrington."

"No objection."

"So ordered."

"Your witness, counselor."

Berrington didn't even look up. "No questions."

Brick stood up. "I call Senator Mark Minton." The back door swung open, and the Senator came into the room with his security detail to a lot of buzzing. So much so the judge had to silence the room.

"Senator, I am sorry that you must be here for this."

"No, Mr. Blackstone. A man that worked for me for many years is dead, and I want to find out who is responsible."

"Thank you, sir. Now, when did you begin to suspect that Mr. Carrington might have dirty hands?"

"A few months ago. I started seeing him with Sam Jones in restaurants, and other places, A little too often to my liking. I took an opportunity that I knew he would be out of town to come to New York to my offices. While my staff was at lunch, I took the key to his desk and opened his files. There was one envelope at the bottom of his desk. It was under a false bottom. I made copies of everything in the envelope, put them back, and came to see you. I asked you to investigate him for me."

Brick handed him an envelope. "Is this the envelope you gave me?"

The Senator took everything out of the envelope and looked at each page carefully." Yes, these are his private files."

"Your honor, as you can see, there is a bank ledger here, as well as incorporation papers for a company called "Better World, Inc". There is also an id card with the name of Samuel Butters. The picture is of Carrington. I would like to enter this material into evidence."

Berrington spoke up. "We know about this, your honor. We have no objection."

"So ordered."

"Now Senator, let's move on to weapon wavers for sending military hardware to our NATO allies. You are on the defense committee, is that correct?"

"It is."

"So, you would be familiar with the procedure for a company securing a waver to ship hardware to our NATO allies?"

"I would."

"What made you suspect your chief of staff?"

"He was meeting with Sam Jones and one day Carrington asked me about the waver process for a country like Romania. We aren't sending any hardware to Romania at that moment, so I was surprised he would bring them up. That is what made me begin to be suspicious."

"Thank you, Senator. Your witness."

"No questions."

"I call Nathanial Livingston." Livingston came up and was sworn.

"Mr. Livingston, I believe you are well regarded as a signature expert." There was a snicker that rumbled through the courtroom.

The judge dropped her gavel on the desk. "That's enough of that. Anymore, and I will clear this room."

Brick looked at Berrington, but he just waved. "Mr. Livingston, I show you this bank account signature card. Here is the card the defendant signed in front of all of us before. I ask you to compare them and give me your expert opinion."? Livingston took out a magnifying glass and carefully examined the two signatures for several minutes.

"No, they are not the same person. It is close. This one is very good, but there are differences."

"Your honor if I may have Mr. Berrington come to the front of the courtroom." He and Berrington spoke quietly to the judge for a few minutes.

The judge then ordered a ten-minute recess and the three of them disappeared into her chambers. They returned after fifteen minutes. Barrington was obviously unhappy.

Brick began again. "You honor, this photo came to my office anonymously in the last few days. I wish to show it to the witness based on our conversation in your chambers. It is only for the purpose of identification."

"You may show the witness the photo." Brick handed the photo to Livingston.

"Do you recognize this individual?"

"Yeah, it is me."

"Are you aware of where this photo was taken?"

"No but it says on the back that it is a picture taken from the security cameras of the First National Bank."

"That is what it says. Does it have a date on it?"

"Yes, August 15^th."

"Were you in that bank on that day?"

"I don't remember what days, but I have accounts there. I go there often."

"Thank you, Mr. Livingston. You witness."

Berrington charged into this like he knew this was the case. "Mr. Livingston, you are calling yourself a signature expert now. Are there any other skills you may be known for?"

"I have advised clients on detecting forgeries on several occasions."

"Detecting forgeries, is that what you are calling it? How many times have you been charged with forgery, Mr. Livingston?"

"I have never been convicted of any crimes, sir, and you know it."

"SO, charged, but not convicted."

"Your honor, is this a character assassination or questioning?"

"You made your point, Mr. Berrington. You can move on now."

"Of course, your honor. You say you were in that bank on that day?"

"No, I said I don't remember what days I go to the bank, do you?"

"So, you are going to tell us you have no idea where this picture came from?"

"Yeah, I don't have access to the bank's security rooms. Someone in the bank must have snapped this picture and sent it to the defense."

"We don't need your speculation, Mr. Livingston."

"Well, that's all I got for you. I have no idea."

"No more questions."

Brick stood up. "I wish to cross-examine Mary Thomas now."

As she took the stand, the judge reminded her she was still under oath.

"Now, Miss Thomas, just a few points. How many people do you think you deal with on an average day?"

"I have no idea."

"Five, or ten?"

"No, more than that, I am sure."

"Okay, we'll say fifteen a day. How is it you remembered my client from more than a month ago?"

"I don't know how, I just did."

"I see, did you pick him out of a lineup?"

"No, I wasn't shown any people."

"I see. Did anyone help you prepare for your testimony? You know, what to expect, that sort of thing?"

"Yes, someone from the police department."

"Did anyone show you any pictures of anyone to help you?"

"I object to the inference, your honor."

"Your honor, Mr. Berrington can object to the question, but we need to know the answer."

"I agree. The witness will answer the question."

"I will repeat the question. Did anyone show you any pictures before you made your identification?'

"Yes, sort of. A police officer had a picture of the defendant on his desk while he was talking to me. He then gave me a set of pictures to pick one out. The defendant was the only one I recognized."

"I understand what you mean now. Let me show this other picture." Brick handed her the photo of Livingston. "Could this have been the man you saw on August 15^th?"

She held the picture and looked at it. "It could be, they look alike."

"Thank you, Miss Thomas. I am finished here."

Berrington didn't get up. "No questions."

"I wish to see the lieutenant next, please."

Lieutenant Ligeti came back to the stand.

"We just have a couple of things to clear up, sir. It won't take long. The gun residue on the defendant's hand and clothes. Let me ask you, if someone was unconscious, could someone with gloves place the gun in his hand and fire the weapon. Would that not satisfy what you found?"

"Theoretically, it could."

"You heard the coroner testify about the second bullet not causing any bleeding."

"I did."

"As an expert on murder in your job, would that possibly lead to you to surmise the second bullet was fired after the victim was already dead?"

"We have no proof of that."

"I'm not asking you for proof. I am asking your expert opinion if that is possible."

"It is possible."

"Thank you, Lt.," Brick turned to the judge. "Your honor, I would like to enter these signed affidavits from the tenants on Carrington's floor and immediately above and below his apartment."

"What are they in reference to, Mr. Blackstone."

"These are sworn affidavits that none of them heard the shot or called the police."

"Mr. Berrington?"

"No objection."

"So ordered."

"Now, lieutenant, I want to ask you about that anonymous phone call tipping the police. None of the neighbors heard anything. The only person who could have called you was the killer. Can you think of any reason why my client would have called you?"

"I don't speculate."

"It would appear everyone was guessing here, but never mind. I am finished with this witness."