Shadow of Power

But Tuchio pipes up first. “Besides, there is no way to know whether the letter is authentic.”

“Let me suggest that we put the letter aside for the moment and take up the question of the video,” I tell them.

“Well, there’s no basis for that to come in at all,” says Tuchio. “It’s hearsay, and there’s still no foundation. Good luck,” he says.

I go back to my original argument that it’s all one big package; pictures of the letter in the video serve to verify that the two documents, the one in the video and the item taken from the murder scene, are the same thing. Since the video shows the interested players huddled over the item, why not let the jury in on the secret so that everybody knows?

There’s not the slightest chance in the world that Qui

Precisely, and since every judge wants to play Solomon, we’re down to the basic questions: What part of the baby is he willing to give me, and how do we sever it?

“We could stay here and argue all night,” I say. “But Mr. Tuchio made a point, and I think it’s a good one.”

“You agree with something Tuchio said?” Qui

“At this particular moment, I’m tired, Your Honor. Forgive me.”

“No, that’s all right. What were these words of wisdom?”

“The question of authenticity. We will stipulate to the fact that there’s no way we can prove that the letter is authentic, but that’s not really at issue here.”

“It sure is,” says Tuchio.

“No, the letter is physical evidence taken from the scene of a murder. The presumption, and it’s a reasonable one, is that the killer took it. The unanswered question is why. Now, if the pages on that paper were blank, there wouldn’t be an issue. We would have to tell the jury that the idiot took blank paper. Except they aren’t blank. There are words on them. But here’s the kicker. We’re not offering those words to prove the truth of what is stated in the letter, so there’s no issue of hearsay. The question goes to motive. Why did the killer take the letter in the first place, and that’s a question of fact for the jury.”

Qui

“No,” says Tuchio. “He’s not. There’s still a question of authenticity. Is the letter real?”

“No,” I say. “In this setting, as a matter of law, it doesn’t matter whether it’s real. The killer took it because he had a reason to take it. That reason is an issue for the jury.”

“Well, why do you think he took it?” says Tuchio.

“That’s for me to know and you to find out. There is a question of authenticity, but it doesn’t have anything to do with the law,” I say. “Or this case. It has to do with public safety.”

And here comes the hook for Qui

“So let me make a suggestion. Tomorrow you turn off the lights in the courtroom and we go dark. The eyes of the world are on this place right now. The federal government is threatening to come and take the letter away. The court sends out a press release tonight, to every media outlet it can find. In the press release, you tell the world that there is a letter. It purports to be in the hand of Jefferson, but the court ca

“Or,” says Tuchio, “the court could order that the letter not be read in court. Much simpler,” he says.

“But to draw the jury right to the edge of the railing,” I tell Qui

“No, I like Mr. Madriani’s idea,” says Qui

There’s a knock on the door. It opens, and the bailiff sticks his head in. “Your Honor, the governor’s on the phone.”

“The governor?”

“Yeah, they got a big problem up in South Central L.A. He wants to talk to you.”

“Man has a problem. And I have a solution. Good timing!” says Qui

“No.” The bailiff is halfway down the hall. “She went home.”

He looks at me. “You any good at writing press releases? I have to take a phone call.”

29

We have rested our case. The trial of Carl Arnsberg is over, and so we await the verdict.

I’m home watching television. It’s nighttime, the courthouse is closed, but the sky is lit up. Two of the buses used to barricade the front of the building are burning, black smoke spiraling into the sky. People have been gathering since after the revelations of the letter, and now thousands of demonstrators have converged on the courthouse. They have smashed windows on storefronts and set fire to vehicles. There is talk of calling out the National Guard. Riots have broken out in Detroit and Chicago, and so far three people are dead.

There is now concern that when the rest of the world wakens to news of the Jefferson Letter and the pictures of violence in America, mayhem may spread and go international. There are preparations being made in some of the nations of Africa and on the island of Haiti, where martial law has already been declared.

All the best-laid plans went forth, Qui

Having Qui

To read the letter to the jury, Harry and I employed the talents of an antiquarian and historian, a professor from Stanford who was an expert on the colonial period. Rather than lending credence to the letter, the witness testified that he could not verify the authenticity of the writing based on the copy. He stated that while the handwriting certainly appeared genuine, he was guarded, in that certain stylistic features in the letter and word usage left him harboring doubt. At one point he went so far as to say he was dubious. Then he read and explained the contents of the letter to the jury.