“LOTELLO.”
“Mortimer here. My office. This Wednesday morning. Ten o’clock.”
“Thank …” Lotello was interrupted by the dial tone, but not before a huge grin had spread across his face from ear to ear. Sounds like Mortimer and I won’t be swilling a few beers anytime soon. It sure is nice to have friends in high places, Beth. I could really get used to this kind of influence.
CHAPTER 80
Wednesday, July 29, 10:00 a.m.
“GOOD MORNING. I’M FRANK Lotello. Here to see Mr. Mortimer.”
“Of course, Mr. Lotello. Good morning. They’re expecting you. Please follow me.”
The receptionist escorted Lotello into Mortimer’s large, well-equipped office. Mortimer and Hollister were already comfortably seated around a conference table. “Good morning, Detective. Nice to see you again. I believe you’ve already met Mr. Hollister?”
“I have. Good morning, gentlemen. I appreciate your willingness to meet with me today.” Thanks to Brooks. And certainly not to you two arrogant slime bags.
“No problem,” said Mortimer. “We always want to cooperate with D.C.’s finest. Please help yourself: we have coffee, juice, water, rolls, and muffins.”
“I’m good. Thanks.”
“Okay then.” Mortimer got right to it. “What can we do for you?”
So far Hollister hadn’t said a word or given Lotello so much as a nod. He wondered if Hollister was going to say anything at all. Or just let Mortimer do the talking. “First of all, Mr. Mortimer, if it’s okay with you and your client, I’d like to record this meeting,” Lotello said, taking out his tape recorder and setting it down on the table.
“Sorry, Detective.” Mortimer smiled and responded without skipping a beat. “That would not be appropriate.”
“Why’s that? I just want to make sure I don’t miss anything. Or get anything said here today incorrect.”
“I’m sure you won’t make any mistakes, Detective. Mr. Hollister’s here voluntarily. It’s in poor taste to treat him like he’s giving you his deposition.”
Voluntarily? Oh yeah, right. Sure he is. And they’re not going to let me level the two-to-one playing field on what Hollister might actually say in this meeting. If eventually he gets around to saying anything at all. But I had to give it a shot. “Okay. Mr. Hollister, would you please—”
“Hold on a second, Detective. If I may ask, is Mr. Hollister under arrest?”
“Not at all.”
“Is he suspected of committing a crime?”
Lotello was impressed. If not happy. Mortimer was very good. And very tricky. Of course Lotello suspected Hollister of committing, or at least arranging and conspiring to commit, several crimes. Three murders in particular. But Lotello couldn’t officially state that Hollister was yet a suspect. “Mr. Hollister’s certainly not a suspect in any official sense of the word, Mr. Mortimer. However, he is a person of interest. Would you feel better if I read him his rights?”
“That won’t be necessary. I just wanted to put our cards on the table and know precisely where we stand. I’ve advised Mr. Hollister of his rights if and when he’s suspected of committing some crime. I’ll expect you to tell me if at any time during this meeting he does officially become a suspect.”
“Got it. May I proceed now?”
“By all means, Detective. Please do.”
“Thank you. Mr. Hollister, where were you on the evening of February fifth?”
“Detective, I’ve—”
“Hold it, Blaine. I don’t want you answering that question just yet. Why are you asking Mr. Hollister that question, Detective?”
“Mr. Mortimer, I believe you know perfectly well why I’m asking that question. The late Senator Jane Wells was murdered, and her body then raped, on the night of February fifth. I’d like to know if Mr. Hollister can account for his whereabouts on that evening.”
“Aside from the question of whether a body already dead can be legally raped, I thought you said that Mr. Hollister’s not a suspect in any crime.”
“He’s not a suspect. At least not yet. If he can account for his time that evening, that will continue to be the case. If he can’t, then he may well become a suspect. That remains to be seen.”
“Detective, for the time being, I’m going to advise Mr. Hollister not to answer your question. I prefer to see where this discussion is headed.”
“Mr. Hollister, are you refusing to answer my question?”
Hollister finally completed a single thought for the first time since the meeting started. “I pay my counsel a great deal of money for his advice. It’d be pretty silly for me not to follow it.”
“So you are declining to answer my question?”
“Correct. At least for now, I consider my hands tied. I’d like to cooperate, but I won’t ignore my counsel’s advice.”
“Very well. Mr. Hollister, were you acquainted with the late Senator Wells?”
Sensing no resistance from Mortimer to that question, Hollister responded. “I was.”
“When did you first meet Senator Wells?”
Again no objection from Mortimer. “I don’t recall really. Probably about two or three years ago.”
“What were the circumstances under which you first met the senator?”
“Hmm. I don’t believe I recall.”
“Do you recall how many times you had occasion to speak with the senator in the two or three years before her death?”
“I could guess. But I don’t actually recall. Are you asking me to guess?”
“I would appreciate your best estimate.”
“Hold on, Blaine,” interjected Mortimer. “If you have a reasonable estimate, you can answer, but I don’t want you to guess.”
“I would estimate speaking with Wells on two or three occasions in the few months before her death. I have no sense of the number of times further back than that.”
“Would it be more than ten times or less than ten times?”
“Would what be more or less than ten times?”
“The number of times you spoke with her over the past two or three years.”
“I would just be guessing. Mr. Mortimer instructed me not to do that.”
“What was the nature of your relationship with the senator?”
“Hey, Detective,” Mortimer cut in, “you’re skating pretty close to the edge with that question. Mr. Hollister’s entitled to his privacy. For that matter, so is the senator.”
“The senator’s dead, Mr. Mortimer. She’s no longer entitled to any privacy. As for Mr. Hollister—”
“Let’s not haggle, Detective. You can answer the question, Blaine.”
“I’m sorry, what was the question?”
“What was the nature of your relationship with Wells?”
“I was one of her constituents. I made donations to her campaign and to some of her projects. I spoke with her on occasion about my political views and perspectives. To make sure she was aware of what they were.”
“Apart from that representative/constituent relationship, did you ever see the senator on a purely social basis?”
“Don’t answer that, Blaine. Detective, I said you were skating near the edge. You just crossed over it. Blaine, I advise you not to answer that question. I believe it’s an invasion of your privacy.”
“Are you going to answer the question, Mr. Hollister?”
“What’s the question?”
“Did you and the senator ever see each other socially?”
“You mean apart from talking politics?”
“That’s right.”
“I’m not going to answer that question on the advice of counsel.”
“Do you have any other reason?”
“Any other reason for what?”
“Any other reason you’re not going to answer that question?”
“No.”
Lotello could see that Hollister was too well prepared. He was not getting anywhere with his questions. And he wasn’t going to. It was time for hi
m to report back to Judge Brooks. “Gentlemen, I want to thank you for your time. But I’m afraid we’re not getting anywhere meaningful. I’m not placing you under arrest today, Mr. Hollister, but you may soon leave me no choice but to open an official investigation into your possible complicity in the murders of Senator Jane Wells, Deputy Secretary of the Treasury Jody DiMarco, and SEC Chairman Derrick Johnson. I don’t want you leaving town without the prior written authorization of the D.C. police.”
“That’s utterly absurd, Lotello. Do you mind my asking you why you think Mr. Hollister may have anything to do with the commission of these serious crimes?”
“I do mind, Mr. Mortimer. Again, thank you both for your time this morning. I’ll be in touch.”
“No other questions for Mr. Hollister at this time, Detective? It seems a shame not to ask any more questions you may have while we’re all here.”
Yeah, a shame not to give you guys any more free discovery of what’s on my mind than I already have. There’s no reason to do that when I’m not going to get any useful answers. “No, Mr. Mortimer, I think we’ve gone as far as we can for today. I’ll show myself out. I will be in touch.”
“Well, then,” Mortimer responded, “have a nice day, Detective.”
Hollister didn’t say anything further.
* * *
AS SOON AS HE exited the meeting, Lotello wrote down everything that had been said. At least as best as he could recall it. The good news was that the meeting was brief enough for Lotello to accurately write down almost everything that was said. The bad news was that not much of any consequence actually was said. Time to update Brooks?
CHAPTER 81
Thursday, July 30, 8:15 a.m.
BROOKS WAS NOT AS “caught unawares” the second time as he was in the case of Lotello’s first unscheduled early-morning knock on his car door. “Good morning, Detective. I trust you have something more to report. Hop in. I’ll give you a short tour through the streets of D.C. Notice I said short. Otherwise, I might have to charge you for the gas.” Brooks said nothing to Lotello about his own research efforts.
Lotello began by playing the recording he had made of his meeting with Thomas. Brooks listened carefully, start to finish, nodding almost imperceptibly on occasion. When the tape ended, he asked Lotello to play it once more. After listening a second time, Brooks asked Lotello how his meeting went with Mortimer and Hollister.
“I’m afraid not very well, Judge. I was pretty much stonewalled from start to finish. I was not allowed to record the meeting. I did bring some notes I made immediately following the meeting.”
Brooks pulled into the parking lot of a local pharmacy. “How’s your handwriting?”
“Not bad.”
“Okay. Please let me see them.”
Lotello handed over the notes. Brooks read them through a couple of times. He then put his car back into drive and headed back to the courthouse parking lot. “Okay, Detective, here’s what I’d like you to do: Number one, please be sure you preserve and safeguard both the recording you made and your notes. It would also be a good idea for you personally to make a couple of copies of each for safekeeping. Number two, I believe you said you are acquainted with Deputy PD Klein. The lawyer who is defending Mr. Norman?”
“Yes.”
“Good. Please get ahold of her and inform her of what you have told me this morning. Don’t tell her about our meetings. Just tell her about the meetings you’ve had with Thomas and with Hollister and Mortimer.”
“Should I give her copies of the recording and my notes?”
“That’s strictly up to you and her. Thank you for your assistance, Detective. Close the door on the way out.”
“That’s it, Judge?”
“In terms of anything I’ve been asking you to do, yes. That’s it. What you do from here on is solely a matter of whatever you’d do in the ordinary course of your duties. I would, however, encourage you to watch your back. Carefully.”
“I always try to do that, Judge.”
“Thanks again, Lotello. I suspect we might be seeing more of each other before this matter is concluded.”
“Yes, sir. Is it appropriate for me to ask what is going to happen next on your end?”
“It really isn’t, Detective. But you’ll know soon enough.”
CHAPTER 82
Thursday, July 30, 10:00 p.m.
BROOK’S WIFE, ELOISE, WAS nothing if not protective of her husband. She didn’t like it when he brought his work home with him. “How much longer are you going to be working tonight, dear?”
“Just a little while longer. A little more reading. A little more thinking and organizing. I’ll be along soon.”
“Not too much longer, please. You know I don’t like it when you don’t eat on time. And when you stay up all hours of the night.”
“I understand. Just a little while longer.”
Sitting in his home office, Brooks collected his thoughts. What a kettle offish! The executive and legislative branches of our government have seemingly lost their moral compasses. Brought our economy to its knees. If not worse. Possibly much worse. Some shadow operative of the CRP has done God knows exactly what. Possibly leading to poor Bernie’s death in one way or another.
Did it upset Bernie so badly that he truly died of natural causes? Did it upset him so badly that he took his own life? He sounded down when he called me. Did Thomas do something more directly to contribute to poor Bernie’s death? And does this buck stop with Thomas? Or, unthinkably, does it go higher up the ladder? Possibly into the White House? If so, how far up that ladder does it go? Are we possibly confronting another presidential meltdown here? Is Hollister involved in any of this? If so, how?
And what, pray tell, am I now supposed to do with the Norman case? How could Norman properly be convicted under these circumstances? No way is this trial going to play out the way I first thought. Certainly not if Klein seeks to defend Norman as I now have no doubt she will. Especially after she hears from Lotello. The reverberations of this trial are going to be unlike any case I’ve ever tried. Maybe unlike any case any judge has ever tried.
This has been a long, tough week. They’re going to get longer and tougher before all of this is over. Eloise may be right. She usually is. I probably ought to get some sleep. While I still can. If I still can.
PART FIVE
THE TRIAL
August 3–7
Adversity is the first path to truth.
—BYRON
I was married by a judge, I should have asked for a jury.
—GROUCHO MARX
CHAPTER 83
Monday, August 3, 9:30 a.m.
THE CASE CALLED, AND appearances made, counsel watched Brooks for some indication of how he intended to proceed next. So did the public gallery seating area to the rear of the courtroom, occupied by members of the media as well as the professional and amateur judicial observers.
“Counsel, I believe we have some pretrial motions still pending?”
Both Klein and Reilly nodded in agreement.
“The clerk has called for a jury panel. The panel should be here in thirty to forty minutes. That’s about how long we have to get through our remaining motions. Which of course must be heard outside the presence of the potential jurors. We’ll then turn to selecting our jury from the panel.
“As counsel knows, in response to the budget crisis facing our D.C. court system, and other local court systems around the country, our D.C. appellate court, working with local bar associations, has come up with a ‘fast-track’ trial process that allows us to try cases on an expedited basis without offending any due-process rights. We will be trying this case under the new fast-track rules.
“I’d like to see our jury seated before the end of the day. In spite of the common misconception that it requires days, if not weeks, to select a jury, it took only one day to select the jury in the 2006 Texas trial of Kenneth Lay and Jeffrey Skilling in the Enron securities fraud case. That case was almost as n
otorious as this one. And certainly more complex. With disciplined and efficient hard work, we should be ready for opening statements by each side tomorrow morning. I would expect the prosecution to call its first witness before lunch.
“My notes show two remaining motions for us to hear and decide this morning. If the jury panel arrives before we dispose of these motions, the clerk will keep them out in the hallway until we are ready for them.
“First, there’s the defense motion in limine not to allow the prosecution to present to the jury any evidence of the defendant’s alleged admissions against interest. Essentially that he said he would—and did—get even.
“Second, there’s the defense motion to be allowed to defend on the grounds of justifiable or excusable homicide—the justification or excuse being the alleged gross abdication of public responsibility on the part of our executive and legislative branches of government, and the resulting so-called impact on the defendant and his immediate family. By the way, from here on out, we will all refer to this defense simply as justifiable homicide. The words ‘or excusable’ are redundant in this case. They don’t add anything. Having to say them over and over wastes a lot of time.
“On the first motion, my tentative ruling is to deny the defense motion. To allow the jury to hear the defendant’s repeated admissions. Mr. Reilly, I assume you have no arguments to advance on this motion?”
“Not unless the defense offers anything new I may wish to oppose.”
“Ms. Klein, any new arguments on this motion?”
“No, Your Honor, just that—”
“Ms. Klein, what do you not understand about the word new? Do you have anything new I have not previously heard from you?”
“No, Your Honor, I do not.”
“Then my tentative ruling will be my final one and this evidence will conceptually be admissible. Of course, the defense will be entitled to object to any particular item of possible admission on the grounds that it is uniquely inappropriate on the basis of its own facts and circumstances.
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