Blood Money

Jack glanced at Andie, then addressed the judge. “My attacker told me that if I did not lead him to Sydney Bennett, he would hurt someone I love. Rene Fenning is someone I used to date. Years ago. She was on her way to meet me for coffee when she was murdered. Her body was found with the words ‘someone you love’ written on her abdomen.”

All eyes-the judge’s, the prosecutor’s, the assistant U.S. attorney’s-were suddenly aimed at Andie.

Andie shifted uncomfortably. “This, uh, isn’t what it sounds like.”

“No, not at all,” said Jack.

“Well, isn’t that special,” the judge said. “If we could all step out of Peyton Place for a moment, let me ask you for this clarification, Mr. Swyteck. I see the link between the man who bribed Mr. Hewitt and the one who called the FBI. I see the link between the man who attacked you and the one who murdered Dr. Fenning. But I don’t see the link between the two. What is it?”

Jack said, “The link is a conversation I had with Sydney Bennett on the telephone early Saturday morning. She called me. She was terrified. She told me that the man she met at the airport was named Merselus, that he tried to strangle her, and that she was now on her own, on the run, afraid for her life, and afraid to come into court.”

The prosecutor raised both hands in the air like an umpire. “Hold on a second. Judge, I know this is just a proffer, but the court can’t seriously allow this evidence into the record. For one thing, how does the defense intend to introduce this evidence? Is Mr. Swyteck going to be a witness?”

“That’s where Agent Henning comes in,” said Jack. “We live together. She overheard the conversation.”

The judge looked straight at Andie, down the length of the long rectangular table. “Agent Henning, is it true that you heard Ms. Bennett say all those things to Mr. Swyteck?”

“Actually, I heard only one side of the conversation. I heard Jack talking to her. Then he told me what she said after they hung up.”

The prosecutor groaned. “So we’ve got double hearsay,” she said. “The defense proposes to have Agent Henning tell the court what Mr. Swyteck told her that Sydney Bennett said to him. I think maybe I’ll object,” she said, adding a dose of sarcasm.

“Ms. Crawford has a point,” said the judge. “And you’ve got an attorney-client privilege problem on top of it. A lawyer can’t just come into court and reveal the things his client said to him unless his client has agreed to waive the privilege.”

“With all due respect, that seems a bit hypertechnical,” said Jack. “I’m confident that Sydney Bennett would waive the privilege under the circumstances and allow me to tell you what she said.”

“That’s not for you to decide,” the judge said. “The privilege belongs to the client. Only the client can waive it.”

If the judge himself was mounting that kind of opposition, Jack could feel all momentum slipping away. The prosecutor seized on it.

“Plus,” said Crawford, “we’re left with the fact that this highly unreliable evidence proves nothing. The issue here is whether Sydney Bennett was involved in bribing a juror. This hearing isn’t about who killed Dr. Fenning.”

Jack responded, “Judge, it all comes down to one thing: This Merselus, whoever he may be, is obsessed with Sydney Bennett. It fits with our theory that he bribed the juror on his own in order to get Sydney acquitted. When things didn’t go well between him and Sydney at the airport and Sydney ran away from him, he attacked me to find her. When that didn’t work, he killed Dr. Fenning to show me that he fully intends to act on his threats. When that didn’t work, he called the FBI to make sure they arrested Hewitt red-handed when he collected his bribe.”

“I don’t get that last part,” said the judge.

“He knew that Hewitt’s arrest would force Sydney to come out of hiding and return to this courtroom. The bottom line, Your Honor, is that if you force Sydney Bennett to come out of hiding to defend this motion, you are playing into this killer’s hands.”

“Oh, come on,” said the prosecutor. “That’s a sky-is-falling argument if I ever heard one. If anything, Merselus is an old boyfriend-some rich sugar daddy, I daresay-who bribed a juror to get her acquitted, and then once she got out of jail, she dumped him. She used him, just like she uses everybody else in her life. He got mad and made an anonymous call to the FBI to get Brian Hewitt caught collecting his bribe. That would put Sydney back in jail, where she belongs.”

The judge considered it. “Ms. Crawford actually does have a way of making things fit.”

The judge’s leaning was no surprise to Jack. It had been clear throughout the trial that he was of the mind that Sydney Bennett had murdered her daughter. The prosecutor continued to hammer away.

“Judge, we are talking about a manipulative, conniving woman who murdered her two-year-old daughter and was caught embracing the man who bought off a juror.”

“Okay, I have your argument,” said the judge. “Let me tell you where I come out. Mr. Swyteck, as the record stands now, I believe the prosecution has demonstrated that Sydney Bennett is sufficiently connected to the jury tampering in this case to justify overturning the verdict of not guilty.”

“Judge, but-”

“Don’t interrupt,” the judge said. “Since we do have the FBI here, I’m feeling charitable today. I’ll give you seventy-two hours to bring in Sydney Bennett. I’m not forcing her to testify, but I am telling you that, even if I allowed you to go forward with the evidence you’ve proffered, it isn’t enough to save your client’s not-guilty verdict. If she isn’t here in this courtroom within seventy-two hours, I will enter an order granting the prosecution’s motion to set aside the verdict on the grounds of jury tampering. And I will issue a warrant for the arrest of Sydney Bennett. That’s my ruling. Are we clear?”

“Yes, Your Honor.”

“Very well,” said the judge. “Mr. Swyteck, notify my assistant if and when you are ready to proceed.”

Chapter Forty-Four

We should send her to New Jersey,” said Theo.

Jack was back at his house on Key Biscayne with Theo and his grandmother. Immediately after finding the threat from Merselus on the back of the JUSTICE FOR SALE sign, Jack had put Theo on an airplane to bring Abuela back to Miami.

“New Jersey?” said Jack. He was standing in the kitchen, and Theo was seated on one of the barstools at the granite counter. Abuela was in the bathroom. “Why New Jersey?”

“It’s where they film that show that’s all over the Internet-Shit Abuelas Say. She’d be awesome.”

“Theo, I can’t begin to count the number of reasons why that would be a bad idea.”

“Half serious, remember?”

“Got it.”

The toilet flushed in the bathroom down the hall. It was Abuela’s fourth visit since the plane had landed. That happened when she was nervous.

“Where your mop?” she asked as she entered Jack’s office.

“My map of what?”

“No mapa. Mop. El bano. Ay! Dios mio.”

“Abuela, we have a cleaning service.”

“What they clean? Your wallet?”

“New Jersey,” said Theo, his voice rising.

Jack ignored him. “Sit, please.”

Theo helped her up onto the barstool beside him. Jack came closer to the counter, leaning toward her. “I know all this back and forth from Tampa to Miami must seem really crazy to you, but I don’t want you to worry. You’ll be safe here.”

“I stay here with you?”

“Yeah. I talked it over with Andie, and that’s the best thing.”