McCoy studies the witness’s face. Walter Benjamin hasprobably asked himself that very question countless times since February. WhySam Dillon? Why did I have to choose Sam?
“We hired Sam because he knew his way around the capital, soto speak. He was a former state senator. He was a Republican. He was verygood.”
“And why a Republican?”
“The state House is Republican. By a slim majority, but amajority nonetheless. And the governor is, too.”
McGaffrey pauses. McCoy holds her breath.
There is no mention of the state Senate.
McCoy smiles.
“Would it be fair to say that Sam Dillon was one of the mostinfluential lobbyists in the game?”
The prosecutor, Roger Ogren, squirms in his seat.
“Absolutely,” Benjamin says.
“Did Sam Dillon lobby on behalf of Flanagan-Maxx in lastyear’s legislative session?”
“Yes. Last year’s veto session.”
“Can you explain that to the Court?”
The witness looks at the judge. “For two weeks in November,the legislature reconvenes to consider legislation that was vetoed by thegovernor. They decide whether to override the veto. But technically, they canconsider other legislation as well. We had introduced a bill in the Houseduring the regular legislative session last year, but it was carried over tothe veto session. It was during veto session that they voted on it.”
“Are you familiar with House Bill 1551?”
“I am.”
“What is House Bill 1551?”
Anyone with a pulse in this town knows about House Bill1551, if not by number. Anyone who has read the accounts since the grandjury was convened in February knows the dirty details, which Walter Benjaminwill now reluctantly impart. House Bill 1551 was the bill in the state’sHouse of Representatives that put Divalpro on the prior-approval list. SamDillon, for all of his considerable talents as a lobbyist, couldn’t get thebill passed during the regular legislative session. By all accounts, he had theHouse and Governor Trotter but was short in the Senate, by three votes to beexact. The problem was Flanagan-Maxx itself, a large drug company that did nothave many friends in the legislature, particularly not in theDemocratic-controlled Senate. The lobbies for the elderly and the poor, havingfought for years for more dollars for the Medicaid program, argued fiercelyagainst a bill that would prevent the savings of millions once the genericscame aboard.
Dillon couldn’t get it out of the Senate, long and short,and the Speaker of the House wasn’t going to call it for a vote, and have hismembers take the heat, just to see it die in the Senate. So Sam Dillon askedthe Speaker of the House to hold the bill over until veto session, hoping thatthe summer recess might change some minds.
Miracle of miracles, it did. Three senators switched theirvotes, and in the space of twenty-four hours, both the House and Senate passed HouseBill 1551 and sent it to the governor. Why, precisely, these three senatorschanged their votes over summer recess is the focus of the federal grand juryinvestigation.
“So it’s law right now,” McGaffrey concludes. “State lawrecognizes Divalpro as being on the prior-approval list, once its patentexpires this summer.”
“Correct.” For having accomplished such a feat, WalterBenjamin looks remarkably unhappy about it.
And the judge is about to hear why.
Ron McGaffrey clears his throat, strangles the lectern oneach side. “Now, Mr. Benjamin, in the course of your duties as director ofintergovernmental affairs, has it come to your attention that Sam Dillon mayhave used illicit means to gain the support of certain members of the statelegislature?”
Roger Ogren stands as the witness begins his answer.
“I am not aware that-”
“Object to the form-”
“-there has been any proof — ”
“-of the question, Your Honor. Object to form.”
“Enough.” Judge Wallace Wilderburth holds out his hand. Heis heavyset, a sour-faced judge with small eyes, a thick flat nose, andprominent jowls. McCoy can’t resist the comparison to a bulldog.
“Rephrase, Counsel,” the judge instructs.
“All right.” McGaffrey pauses. “Mr. Benjamin, were yousubpoenaed before a grand jury in this state?”
“Yes, I was.”
“By the United States attorney’s office?”
“Yes.”
“And you were also questioned by the FBI?”
“I was.”
McCoy is on alert now. “Take five,” she mumbles.
“Is this an investigation called Operation Public Trust?”
“Yes.”
“And as far as you understand it, the federal government islooking into whether lawmakers were bribed to get the Divalpro prior-approvallegislation passed in this state.”
“Take five,” McCoy mumbles again through her teeth.
“That is my understanding,” says Benjamin.
“You testified before the grand jury.”
“Yes, I did. And I have been advised by my counsel not toanswer any questions in relation to that testimony.”
“Oh.” McGaffrey looks at the judge. “You’re invoking theFifth Amendment.”
“I am.”
The judge reacts to that. So do the reporters in theaudience, scribbling notes furiously and whispering to one another, probablytrying to confirm the precise questions Benjamin is refusing to answer. Therewill be a trial transcript at the day’s end, but in today’s news-right-nowsetting, they want to go with this stuff this afternoon. This is the firstpublic discussion of the scandal, and a top executive for Flanagan-Maxx isasserting the Fifth Amendment.
“Well,” says McGaffrey, “I wouldn’t want you to incriminateyourself.”
“Objection.”
“Sustained.”
“You paid a hundred thousand dollars to Sam Dillon, sir?”
“Yes.”
“Do you know how that money was used?”
“I refuse to answer.”
“Do you know whether any of that money was used to bribelawmakers to vote for House Bill 1551?”
“I invoke my rights under the Fifth Amendment.”
“Did you talk to Sam Dillon about that? Did you ask him ifhe ever bribed lawmakers?”
“I won’t answer that, sir.”
“Did Sam Dillon tell you he bribed lawmakers?”
“Objection,” says Roger Ogren. “Calls for hearsay.”
“Sustained.”
“Did Sam Dillon talk to you in any way, shape, or form aboutthe topic of bribing state officials to get House Bill 1551 passed?”
“I won’t answer that.”
“Counsel.” The judge stares over his reading glasses,frowning at McGaffrey. “He’s asserted his rights with regard to this line ofquestioning. Move on.”
McCoy releases her breath. Good.
“Thank you, Your Honor.”
McCoy chuckles. She has seen lawyers do this before, whenshe’s testified at a trial or suppression hearing-
