'I certainly do.'
'And that would be difficult if she were in prison?' he asks.
'It would. Which makes me glad the truth is on her side.'
Dylan objects, and he and Kevin fight it out for a while in a bench conference. When it concludes, Dylan veers off from this area and focuses on my involvement with Oscar Garcia. His contention is that I was less than zealous in my representation of Oscar, questioning me about my inability to uncover the bank tapes in the supermarket. The clear implication is I was throwing Oscar to the wolves to make sure Laurie stayed in the clear.
Dylan asks, 'If Mr. Garcia had been convicted, then Ms. Collins would likely not have been charged. Isn't that true?'
'I can't answer that. You're the one who charges people without regard to the facts, so you might want to testify after I do.'
The jury laughs, which pleases me but infuriates Dylan. We spar for a little while longer, but he seems even happier to finally let me off the stand than I am to get off.
The testimony went very well. We got out the story about Stynes without having to reveal what we know about his military connection to Dorsey, even without revealing that his real name is Cahill. The less of this that comes out before Hobbs takes the stand, the better. That's if we can get Hobbs to take the stand.
Tomorrow will be the key to the entire trial, and Kevin and I go over our approach until past midnight. Marcus calls to report that the subpoenas have been served and that Hobbs was furious to receive one. Marcus served that one personally. He thought the level of Hobbs's anger was pretty funny; the fact that Hobbs might well be a Green Beret killing machine did not intimidate him. If I ever meet someone who intimidates Marcus, I am going to be very afraid of that person.
Simply put, we have to make Hobbs look bad on the stand. So bad that suspicion gets cast on him and away from Laurie. We cannot prove that he murdered anyone, but we can prove some other facts, and the trick will be to get him to perjure himself by denying those facts. It's risky; if he detects our strategy, he can just admit to the facts and explain them away with minimal embarrassment. That would be it for our defense.
Which means that would be it for Laurie.
DYLAN HAS SMOKE COMING OUT OF HIS EARS when I arrive in court. He has been confronted by a roomful of potential witnesses that we have subpoenaed, none of whom were on our witness list. Which means he has not prepared for any of them.
Those witnesses consist of four members of the Paterson Police Department, including Pete Stanton, as well as three FBI agents. Two of those agents are Darrin Hobbs, who is angry at the imposition, and Cindy Spodek, who is secretly privy to our scheme and nervous about her crucial role in it.
Before the jury is called in, Dylan objects to the witnesses' appearance, based on our not having put them on our list, and also based on relevance. Hatchet agrees to hear argument on the matter, and I suggest that we might as well let the witnesses be in the courtroom to hear the argument themselves, as well as each other's subsequent testimony, should it be admitted. Dylan agrees, as I hoped and expected he would.
If we don't get these witnesses in, we are dead in the water. 'Your Honor,' I say, 'these people were not included on our witness list because they are rebuttal witnesses, called to rebut the specific testimony of Captain Franks.'
Hatchet is properly suspicious of my motivation here, since this is clearly overkill to rebut a relatively innocuous witness like Franks. 'I didn't realize Captain Franks was that powerful a witness, nor that significant a part of this case,' he observes dryly.
'Respectfully, Your Honor, I disagree. He portrayed Lieutenant Dorsey as cut down in the prime of life just before reaching sainthood. I believe these witnesses will paint a truer picture, and it is important for the jury to hear that truth.'
'This is a delaying tactic, Your Honor,' Dylan argues. 'As well as an attempt to muddy the water and blame the victim. I urge you not to allow it.'
I jump in before Hatchet can say anything negative to our side; this is not an issue I can be passive about. 'Your Honor, it is entirely possible that all of these witnesses will not be necessary. And if you determine that I am not eliciting significant and relevant facts, you can stop me in my tracks with a ruling.'
Hatchet stares another hole through my forehead. 'Are you saying you will abide by my future rulings? Is that your idea of a concession?'
He's caught me; I can't help smiling. 'No, Your Honor. I am saying that you will find I would never waste the court's time.'
Hatchet lets the witnesses testify, putting me on a short leash by announcing he will not let this drag out if he feels it's repetitive. He also takes pains to confirm that I am not using Hobbs's presence as a backdoor attempt to get in the FBI report that he has already ruled out. I feign horror at even the prospect of it.
I do have another request of Hatchet. 'Your Honor, if we call Special Agent Hobbs, I would like to qualify him as an adverse witness. He has been antagonistic toward the defense throughout these proceedings.'
Qualifying a witness as adverse, or hostile, allows me to question him as if it were a cross-examination, giving me the leeway to ask leading questions. At this point the request does not seem to be a big deal to Hatchet or Dylan, and it is granted without objection. Satisfied that I've gotten what I need, I call FBI agent Albert Connolly.
Connolly had been mentioned in the FBI report as one of the agents involved in the surveillance of Petrone's people and therefore of Dorsey. There is really nothing I want to get from Connolly; I am merely questioning him so that Hobbs will not realize that he is being targeted. When Hobbs is asked the same questions that he has heard asked of Connolly, he will be less likely to realize that we are laying a trap.
So, with Hobbs and Cindy Spodek watching from the gallery, I have Connolly identify himself and describe his role in the Petrone investigation.
With a glance at Hatchet, I tell Connolly, 'I am not interested in the details of your investigation. I am simply trying to get your knowledge and impressions of Lieutenant Dorsey. Do you understand?'
'Yes, sir,' he says.
'Good. Had you known or had any contact with Lieutenant Dorsey before you encountered him on this investigation?'
'No, I had not.'
'Did you have occasion to have any direct conversations with him during the investigation?'
'No.'
I take him through his observations of Dorsey during this investigation. My questions are brief and designed to elicit quick responses, since there is a very real danger that Hatchet will intervene.
Connolly says that he really hadn't had much occasion to watch Dorsey, nor had he had much knowledge of his activities. Clearly, Dorsey was involved with members of organized crime, in ways that his police bosses would not have approved.
'Are you familiar with a man named Roger Cahill, who also goes by the name Geoffrey Stynes?'
'I am not.'
I let Connolly off the stand, and Dylan does not cross-examine. Instead, he calls for a bench conference, during which he again asks Hatchet to stop 'this unproductive waste of the court's time.' Since it is out of earshot of Hobbs, I promise that I will not call four of the seven witnesses I brought in today and will end the parade after only two more, Agents Hobbs and Spodek. Hatchet accepts the compromise, and I call Darrin Hobbs to the stand.
I can count on zero fingers the number of times I've seen witnesses knowingly make self-incriminating statements. I would love trials to be like the one in
'Good morning, Agent Hobbs.'
'Good morning.'
'As I told Agent Connolly, I am not interested in the details of your investigation. I am simply trying to get your knowledge and impressions of Lieutenant Dorsey. Do you understand?'
'I do.'
