“We’ve had more success, yes.”
“Much more success,” said Jack. “Through June of this year, a period of just six months, Brothers for Freedom rescued thirty-seven rafters.”
“Thirty-eight, actually. One of the women we rescued was eight months pregnant.”
“You must be proud of that.”
“I’m proud of all my people. We just keep getting better at what we do.”
“And more efficient, too,” said Jack. “Brothers for Freedom filed fewer FAA flight plans this year than in any previous year, has it not?”
“That’s true.”
“You purchased less fuel this year than in any previous year, correct?”
“That’s right,” said Pintado.
“And interestingly enough, according to INS estimates, the total number of rafters leaving Cuba is down by almost twenty percent this year when compared to previous years.”
“I don’t know the exact figures, but I can’t argue with those numbers.”
“So, even though you were flying less, and even though there were fewer rafters to be found, your rescues increased dramatically in the first six months of this year. All because you suddenly became better at what you were doing?”
“I think so, yes,” said Pintado.
“Or was it because you simply had better information?”
“I’m sorry, I don’t understand. Better information about what?”
“Better information about where the rafters were going to be…and where the Coast Guard wasn’t going to be?”
“Objection, Your Honor,” said the prosecutor. “There has been absolutely no evidence adduced at this trial to suggest that Mr. Pintado has a source at the U.S. Coast Guard.”
“Objection sustained.”
“Let me lay the proper foundation,” said Jack. He took a step closer and said, “Mr. Pintado, you testified earlier that your son’s best friend at the naval base was who?”
“Lieutenant Damont Johnson.”
“And which branch of service is Lieutenant Johnson in?”
He glared at Jack, then said quietly, “Coast Guard.”
Jack paused, not quite sure how far to press his point. Any jury had a low tolerance for bashing the victim’s family, but the chances of getting this witness back for a third round of questioning was virtually nil. Jack had to take his shot.
“One last question, sir. Since your son died in June-in other words, since Captain Pintado’s friendship with Lieutenant Johnson ended-how many undocumented Cuban migrants has Brothers for Freedom rescued at sea?”
Pintado seemed ready to strangle Jack. “None,” he said quietly.
It was the answer the defense needed, yet Jack hardly felt vindicated. He genuinely felt sorry for him, even sympathized with his views, but someone may well have decided that Mr. Pintado’s cause was a cause worth killing for, either in support or opposition. It was up to Jack to make the jury see that, even if he wasn’t ready to plunge into Theo’s drug theory.
But the groundwork had been laid.
“Thank you, sir,” said Jack. “No further questions.”
41
Trial ended midafternoon on Monday so that the judge could deal with an unspecified emergency, perhaps a crucial pretrial hearing in another case, perhaps a teenage daughter who’d locked her keys in the car. Jack stopped by the prosecutor’s office before heading for the parking lot. Torres gave him ten minutes alone, just the two of them.
“What is she looking for?” asked Torres. He was seated behind his desk, not a single scrap of paper on it. He’d obviously swept it clean before allowing the enemy into his office. Jack had always taken the same precaution as a prosecutor. There wasn’t a criminal defense lawyer in the business who couldn’t speed-read upside-down and backward.
“Excuse me?” said Jack from his seat in the armchair.
“Your client. I assume that’s why you’re here. What’s she looking for, manslaughter?”
“I’m not here to deal.”
“Good. Because the best I can do is murder one with life imprisonment. I’ll give up the death penalty.”
“Life’s a long time for an innocent woman.”
Torres let out a deep chuckle.
Jack kept a straight face. “You got the wrong defendant.”
“You got the wrong client.”
“Where’s Lieutenant Damont Johnson?”
Torres worked a pencil through his fingers like a miniature baton. “Your guess is as good as mine.”
“Funny how his name keeps coming up at trial. Never in a good light. I’d love to give him the opportunity to explain himself.”
“Not a chance.”
“Why are you hiding him?”
“Why are you after him?”
“Because I think he can tell the jury who really killed Oscar Pintado.”
Torres folded his hands atop his desk and looked straight at Jack. “I think the jury already knows who killed Oscar Pintado. Her name is Lindsey Hart.”
“I hear Johnson is in Miami.”
“What of it?”
“Are you holding him for rebuttal, or are you just trying to keep me from getting to him?”
“That’s none of your business.”
“It’s totally my business,” said Jack. “So far, you’ve kept Johnson away from me, and you’ve even managed to keep me from talking to my own-” He stopped himself short of saying “my own son.” “Talking to my client’s own son,” he said, correcting himself. “Those are probably the two key witnesses in the case.”
“You’re free to put the boy on the stand. The judge’s order only prevents you from interviewing him, not calling him as a witness.”
“I don’t think either one of us wants to put the victim’s child on the stand.”
“We gotta do what we gotta do.”
“That’s what I’m telling you: I don’t think I have to go anywhere near the boy, if you’ll give me Johnson.”
He smiled again. “Very creative, Swyteck. For the good of the child, you want me to give you Lieutenant Damont Johnson.”
“There’s no good reason for you to keep Johnson out of this.”
“That may be true. But you’re not giving me a good enough reason to put him in.”
“Brian Pintado isn’t a good enough reason?”
“Not even close.”
Jack scoffed lightly, looked away. “Nice to know you care, Hector.”
“Yeah, yeah. Shame on me for playing to win. If you’ll excuse me now, I have a cross-examination to prepare for. I have a sneaking suspicion that a guilty defendant may soon be taking the stand in her own defense.”
Jack rose and started toward the door, forcing himself to keep putting one foot in front of the other. He’d come here determined not to let this get personal, but it was the first time he’d been alone with the prosecutor since…he didn’t know how long. Definitely since the eye-opening talk about his mother that he’d had with Kiko at Mario’s Market.
