Hostile Witness

“Mr. Conca

Conca

“Mr. Conca

All eyes were on Chester, Jimmy especially was staring hard, leaning forward, his jaw thrust out, his head shaking back and forth just slightly, but enough to let Chester know exactly what he wanted to hear.

“Victor has my complete confidence,” said Chester in a clear voice. “He has my consent to ask any question he seeks fit to ask.”

Prescott twitched when Conca

“Fine,” said the judge. “Mr. Prescott, I will be sending a report to the bar association immediately after today’s session. Mr. Carl, you may continue.”

“You’re betraying me,” Jimmy growled at Chester.

“Quiet,” said the judge.

“After all I’ve done for you,” shouted Jimmy for all to hear, including the jury. “You were in the gutter when I found you.”

“Mr. Prescott,” said the judge. “Restrain your client or I’ll hold him in contempt.”

Prescott grabbed hold of Jimmy’s arm, but Jimmy was already in Chester’s face, their noses not five inches apart. “You’re stabbing me in the back, you ungrateful bastard,” said Jimmy Moore.

“Go to hell, Councilman,” said Chester. “And maybe we’ll room together there.”

I understood exactly where Conca

“It’s all there, Chet,” I had said, pacing back and forth as I spoke. “What jurors to pick, what voir dire to ask, how to present evidence, how to argue, it’s all there. The report gives a scientifically designed method for convincing the jury that Jimmy Moore was betrayed by a greedy subordinate who was interested only in taking as much as he could grab hold of, the politics be damned. He’s going to climb out of this mess on your back, Chet, leaving you struggling for breath in the deep shit. He is letting you take his fall.”

“He’s not going to do that to me,” he said wearily.

“Yes, he is. He’s been doing it all along. He told me so himself. And Chester?”

He looked up at me.

“You know it. You’ve known it from the first.”

Chester didn’t give me an answer right then. He needed to think about it, he said. He was in a silk robe. From the bedroom a sweet, drowsy voice had asked, “Is everything all right, baby?” But everything wasn’t all right. I hadn’t even asked him his decision before I stood to examine the preacher, but I didn’t doubt what he would do. Chet’s greatest trait was his loyalty, and the one thing loyalty can never abide is betrayal.

“That’s enough from both of you,” said the judge, with steel in his grating voice. “Another word and you’ll both be in contempt. You may continue, Mr. Carl. And Mr. Carl.”

“Yes, Your Honor.”

“It’s good to see you back from the dead.”

“Thank you, sir,” I said.

When the warring parties had been seated and I was back at the podium, I stood very straight and stared directly into the witness’s eyes until he squirmed just a bit. Then I started.

“Now, Reverend, you testified that you believe Councilman Moore to be a righteous man, an adherent to the laws of God and man both.”

“That’s right, sir,” he answered.

“Now tell me, Reverend, you’ve met the councilman’s wife.”

“Yes, sir. Leslie Moore is a lovely woman.”

“What about his mistress, Reverend, have you met his mistress?”

Prescott leaped to his feet and bellowed his objection.

Judge Gimbel waved us to the bench, leaned forward, and said in a low rasping voice, “Explain yourself, Mr. Carl.”

“Last I heard, Your Honor,” I said calmly, “adultery was a violation of both God’s law and the penal code. Now the reverend has testified as to his opinion of the councilman’s law-abiding character as well as his adherence to God’s law. I am now entitled to ask questions about that opinion, as well as to inquire on specific instances of the councilman’s conduct. Rule 405(a) of the Federal Rules of Evidence allows this precise question.”

“Rule 405(a)?” asked Judge Gimbel. He snapped at his clerk and a leatherbound volume was immediately brought to him. He licked his thumb and paged through the book. “Rule 405(a), Rule 405(a). Here it is, Rule 405(a). Hmmmmm.” He slammed the book shut. “Yes, all right, I’ll allow it. Objection overruled.”

“But Your Honor,” protested Prescott. “This is far beyond anything relevant to the crime charged.”

“That’s enough, Mr. Prescott. You opened the door, so now don’t be surprised when Mr. Carl marches through it. Read your rules before you call your next witness.”

“But Judge…”

“It’s Rule… What rule is it, Mr. Carl?”

“Rule 405(a), Your Honor.”

“Precisely. Now go back to your seat and sit down, Mr. Prescott. You can ask your question, Mr. Carl.”

“Thank you, sir.”

I stepped back to the podium and stared sweetly at the jurors as I said, “Now, Reverend, I’ll repeat the question. Have you ever met Councilman Moore’s mistress?”

The reverend hesitated just enough so that the whole courtroom knew he was lying and then said, “No.”

I turned my attention to him sharply. “You’re under oath now, sir,” I said. “You have sworn on the Bible to speak only the truth. Are you telling me you have never met Veronica Ashland?”

The reverend looked nervously at Jimmy, at the judge, and then said, “I have been introduced to Miss Ashland.”

“Pretty woman, isn’t she?”

“My my, yes.” He paused for a second and involuntarily licked his lips. “As are all God’s creatures,” he added.

“And you knew that Miss Ashland was Jimmy Moore’s mistress.”

“I had been told that, yes,” said the reverend.

“Objection, hearsay,” shouted Prescott.

“Sustained, answer is stricken.”

“How did Councilman Moore introduce her to you, Reverend?” I asked.

“As a dear friend.”

“But you knew that to mean mistress?”

“Well, sir, the councilman is a very passionate man.”

“That means you knew her to be his mistress.”

The reverend looked at Jimmy with pleading eyes and then said, “That’s what I assumed.”

“Now you’ve been with the councilman on one or two of his evenings out with his limousine and Miss Ashland, haven’t you?” I glanced over at Chet and the reverend followed my gaze and knew immediately all that I knew.

Staring at Chester, he said, “Yes, that’s right.”

“You drank champagne with the councilman and Miss Ashland.”