by Sims, R.
Wesley got up to do damage control on redirect examination. “Ms. Peters, why did you not tell the investors that Eric Adkins was the inventor of the Herbyte computer?”
“Because that’s not what Kevin wanted, and Kevin was influenced by Eric and Dexter.”
“Eric and the defendant?”
“Yes, sir.”
“Nothing further from this witness, Your Honor.”
Janet stood and said, “Re-cross, Your Honor. One more question.”
The Judge gave her the go-ahead with a simple nod.
Janet remained standing at her table and said, “Ms. Peters, whose idea was it to get a gun from your brother and find Eric Adkins?”
“There was no intention to use the…”
“A name, Ms. Peters. I’m looking for a name. Would you like to refresh your memory with the statement you gave after your arrest in Harrisburg, Pennsylvania?”
Sherri hesitated. “Can you repeat the question?” She was buying time. How would she stop the truth from sounding so—
“Tell the jury who came up with a plan to get a gun from your drug-dealing brother and hunt Eric Adkins down.”
Sherri exhaled and said, “We weren’t hunting anybody down…”
“Back to the question, Ms. Peters.”
“I did. It-it…was my idea.”
Janet smiled at her. “Well, at least you tried to warn your boyfriend about dealing with criminals. Nothing further, Your Honor.”
CHAPTER 100
Dana had no idea where she was. The large room in which she was being detained had been fully furnished as a bedroom but had no windows. It was an underground bunker equipped with bedroom furniture, a small television, a bathroom, a thermostat for a heating and cooling system, a small refrigerator, and a microwave. Dana had seven days’ worth of clothes, but she’d been detained for more than three weeks now.
Some days she washed clothes in the bathtub and hung them in front of a vent to dry. She’d even laughed once at the idea of washing clothes with a bar of Tone soap. Today, though, she found nothing funny. While watching live coverage of Dexter’s trial, she became envious of Janet’s performance as a lawyer. She thought Janet was doing a good job. And then she wondered whether Dexter would have left Janet in the hands of her kidnappers for three weeks. She kept telling herself that he wouldn’t have. And she was starting to dislike Dexter more and more each day.
***
“Are you here testifying on your own volition?” Janet said to Kevin Orwells.
“What? I don’t know what you mean?”
“Are you testifying because of your patriotic duty, or is it because the prosecutor promised you a deal for fifteen years in prison?”
“My lawyer made it clear that Mr. Henderson can only make a recommendation; the judge doesn’t have to accept it.”
“I stand corrected. Are you testifying because you’re a patriot, or because you want Mr. Henderson to make that recommendation for you?”
Kevin said, “I’m testifying because Dexter and Eric got me involved in a crime that I didn’t even know I was committing.”
Janet stared at him for a moment then said, “Interesting. Very interesting. I want to throw three words at you: knowingly, intentionally, and willingly. Do those words mean anything to you?”
“Probably the same thing they mean to you.”
Janet nodded her head. “Good.” She walked to the defense’s table and picked up a 9-page document. “The Honorable Judge Garrison would not have accepted your guilty plea were it not for this statement of yours, admitting to certain criminal acts in which you knowingly, intentionally, and willingly committed.” She turned toward the judge. “Your Honor, the Defense would like to introduce its exhibit 14.”
The judge looked at Wesley but received no objection. “Defendant’s Exhibit 14 is admitted without objection.”
Janet turned toward the witness again. “Mr. Orwells, did you lie to the judge or are you lying to us?”
“Lie about what?” Kevin was in a bind and he knew it.
“Under oath, you told the Honorable Judge Garrison that you knowingly, intentionally, and willingly committed the acts to which you pled guilty. Isn’t that what you told him?”
“Well…yes, in so many words.”
“And now you’re under oath again, and you’ve told this jury that you didn’t know you were committing a crime. On which occasion were you lying?”
Kevin was trapped. If he admitted that he’d lied to the judge, he knew his plea deal would be recalled and that he’d likely face twenty-five to life after trial. Not to mention a perjury charge. If he admitted that he’d lied to the jury instead…Well, same damn difference.
CHAPTER 101
“Mr. Orwells, would you like for me to repeat the question?”
“I made a mistake. I was trying to say I didn’t know the full extent of Dexter and Eric’s plan. I didn’t know they would…we would commit the crime and I would be their scapegoat.”
“I see,” Janet said. “Did the police tell you what to say in your statement or even your testimony here today?”
Wesley was up now. “Objection, Your Honor. Counsel has no basis for such innuendo.”
Janet said, “Your Honor, may I request a side bar?”
The judge used his hands to motion Janet and Wesley to his bench. When they arrived the judge said, “Ms. Ingram, what’s this all about?”
“Your Honor, Mr. Orwells’ girlfriend gave a statement to police after the two of them were arrested at the traffic stop in Harrisburg and…”
“Counsel, what does that have to do with your loaded line of questioning?”
“Ms. Peters’ statement suggests that she and this witness knew nothing about the crimes until it was too late. The witness has admitted something similar. If it is true that Mr. Orwells knew nothing about the crimes, I think it is fair to ask him whether any officer has force-fed him the facts revealed in his statement before signing his guilty plea.”
The judge looked at Wesley. “Mr. Henderson, your response?”
Wesley said, “Your Honor, the witness has admitted that he made a mistake, and the jury can decide whether that explains away his inconsistencies. For counsel to imply that a policeman or government agent has coaxed this witness to produce testimony that is beyond the scope of his personal knowledge is utterly insane, and I strongly object to such nonsense. The impression cannot be easily shuffled to the bottom of a juror’s memory.”
“Your Honor”
The judge cut Janet off and said, “I’ve heard both positions. Ms. Ingram, I’m going to ask that you refrain from your suggestive questioning until you can show some supporting evidence.”
Janet had already planted the seed of prosecutorial misconduct in the minds of the jurors. The judge’s ruling didn’t mean a thing to her.
Wesley said, “Your Honor, could you ask the jury to disregard counsel’s last question, and sort of remind them of the essence of the question?”
“Don’t hold your breath. You may bring it up on redirect if you wish, and correct it then, but I certainly won’t remind them. Now, let us resume.”
Wesley returned to his table while Janet walked to the middle of the floor. She turned toward the witness and said, “Mr. Orwells, for the record, I don’t believe for one minute that the police coerced you to make any statements.” There, she’d corrected things for Wesley. The pleasure was all hers, though.
Wesley didn’t like the shit Janet had just pulled. Belaboring the issue on redirect would only make matters worse now. Janet said, “One final question, Mr. Orwells.” She stared at him for a full eight seconds. She clearly had everyone’s attention. “Did anyone from the prosecutor’s office pressure you to testify about matters of which you have no knowledge?”
Wesley said, “Objection, Your Honor!” He was up again.
Janet said, “Question withdrawn. No further questions.”
CHAPTER 102
Dexter arrived at Janet’s home
in Santa Clarita at 6:35 pm. He used a key to enter the residence then met with her at the kitchen table. She’d picked up two takeout dinners from a Chinese restaurant.
Dexter sat across from her and said, “Did I tell you how good you were at cross-examining Kevin today?”
She smiled. “That’s only your third time telling me. You mind telling me why you wanted the judge to chew me out? We have no evidence of coaxing and fabrication of statements.”
He got up from the table. “You’ll see soon enough. I wish I knew whom the prosecutor actually intended to call on that super-sized witness list.” He headed for the bathroom to wash his hands.
“Why don’t you first figure out which ones would have to be called in order to make the government’s case? Sherri, two case agents, and Kevin have been called so far. Only thirty-four more on the list.”
From the bathroom, while washing his hands, Dexter said, “I don’t know whether Henderson will call Agent Phillip Walters, but he certainly won’t call Agent Frey.”
“And just how do you know that?”
“I’ll explain it later. He won’t call Troy Epps, and he won’t call anyone who would highlight me as a victim of identity fraud. Henderson doesn’t plan to use any evidence that he knows I put in his lap, not unless he wants to look like a fool.” He returned to the kitchen and flicked water at Janet’s face from across the table.
Janet tried to dodge the water as she laughed. “Stop it, you psycho.”
He sat down and opened his Styrofoam meal container. “He’ll call Eric. He’ll call my brother. I don’t think he’ll call the real Geneva Lansing because she can only implicate Troy Epps.”
“There are seven other investigators on the witness list…” She stopped when she saw him about to cut her off.
“And none of them is going to hurt our case. IRS Agent Heather Branzworth won’t be called; she would only prove that I’m the victim of identity fraud.” He began forking at his shrimp-fried rice. “The witness list is long only because that serves as an intimidation tactic. Makes most defendants plead guilty, avoiding a trial.”
“Do you think you can get Dana released from Ramsey’s goons without jeopardizing your own safety?” Janet asked.
“Dana will be freed without harm. That’s the most important thing. As for my safety, I will probably be killed once they get the money.”
***
On the fourth day of trial, billionaire investor Doug Ramsey showed up. Dexter noticed him but disregarded his presence.
Wesley was finishing up the direct examination of an FBI agent named josh Garret. Josh had investigated the crimes of ID fraud and had gone wherever the trail led him, which had been well beyond the United States.
Wesley said, “And the money was wired to the Cayman bank then to Switzerland, back to Cayman and then to Nigeria?”
“That’s correct. Well, most of it was wired to Nigeria, just over $2.5 billion. The rest, minus the transfer fees, was withdrawn in bearer bonds and $5 million in cash at the Cayman bank.”
Wesley headed toward his table to look at some notes. Before reaching the table he said, “Why is there no video from the bank to show that the defendant and a companion personally appeared to make the withdrawal?”
Josh said, “The bank executives claim that their cameras were down at the time due to upgrades or repairs.”
“And does that sound likely to you?”
“Possible but not likely, especially since the bank president of Nigeria claims that his cameras, too, were down when the $2.5 billion were withdrawn as bearer bonds.”
Wesley expected Janet to object to his next question. “Based on your twelve years investigating crimes of ID fraud, could you explain why the cameras failed whenever physical withdrawals were made?”
Janet pretended to be noting something on her Samsung Galaxy Tab.
Josh said, “Sure. Obviously, a bank executive was paid large sums of money to lose the recordings. Withdrawing money as bearer bonds clearly breaks the wire trail.”
CHAPTER 103
Wesley said, “Help us understand why bearer bonds would be preferred by the defendant.”
Janet still did not object.
Josh said, “Let’s say you found a hundred-dollar bill on the sidewalk. If you took it to Wal-Mart, for instance, and bought something with it, the cashier would not ask how you got the money, as long as it’s not counterfeit. Bearer bonds are like cash, and its monetary value is confirmed by the issuing bank or company.”
“I see,” said Wesley. He’d already know this, of course, but was merely fleshing it out for the jury. “Why would one bank issue bonds for $3 billion? That’s a lot of cash to back up.”
“My investigation revealed that the bonds are backed by two different banks in different countries.”
“Could both of them have been paid of?”
“Most likely, both of them were. Unfortunately, my investigative power is limited outside of the United States.”
“Thank you, Mr. Garret. Answer any questions the defense may have.”
Janet was out of her chair and headed toward the witness before Wesley could reach his table. She stopped eight feet from Josh and said, “Mr. Garret, do you know the name of the bank president in Nigeria?”
“Are we talking about the bank that received more than $2.5 billion from your client?”
“No. I’m referring to the bank that issued just over $2.5 billion in bearer bonds.”
“That would be the same bank and same transaction that involves your client.”
Janet said, “We’ll let the jury decide that. Do you know that bank president’s name?”
“Mr. Sakan Bhuta of the Nigeria Central Bank of Africa.”
“Is there a strategic reason why neither you nor Mr. Henderson mentioned the fact that Mr. Bhuta invested and lost $10 million in the Herbyte investment scam?”
“I was never asked about Mr. Bhuta.”
“Well, let me ask you about him. After Mr. Bhuta lost millions of dollars in the scam, did you discover any evidence to support your speculation that he must have helped the perpetrator who duped him out of his own money?”
“No.”
“And do you have any evidence that Mr. Bhuta or his bank suppressed, concealed, destroyed, or discarded relevant video recordings?”
“As I’ve said, I don’t have the power to conduct a full investigation outside of the…”
“Your answer is no, you don’t have such evidence?”
Josh quietly sighed. “I don’t have that evidence.”
Janet said, “You’ve had a chance to look at video recordings from three major airports, correct?”
“I have.”
“Do any of those videos show my client traveling to or from Nigeria, the Caymans, Switzerland, or any place outside of the U.S. during the times in question?”
Josh hesitated. He looked at Janet and smiled. “Of Course.”
CHAPTER 104
Janet was stunned. She hadn’t expected such an answer from Josh. “And you can produce those videos that show my client in those major airports?”
He said, “You’ve already seen them. Mr. Wesley presented them while he was questioning me, remember?”
Janet felt relieved. “I remember Government Exhibits 28, 29, and 30 focusing on a Mr. Larry Grover.”
“Right. That’s the defendant, which is why he’s charged with identity theft. Like I’ve said, his own brother told us that he was traveling as Larry Grover.”
“I’m sure we’ll have the opportunity to hear from his brother. Until then, do you have any non-hearsay evidence that may support your theories of identity theft?”
Josh just looked at her.
“I didn’t think so. No further questions.”
***
Wesley had just started his direct examination of Geneva Lansing. Her empty wheelchair was parked next to the witness stand.
Dexter leaned over and whispered to Janet, “I can’t believe he actually called
her.”
Janet said, “Is she going to be a problem?”
“A big problem.”
Wesley said, “And have you ever met the defendant before?”
“No. I only saw him in the newspaper and on the news,” Geneva said.
“And is that the first time you ever saw or heard the defendant’s name?”
“Unh-unh. Troy wrote me a few letters and named Dexter Parker one or two times.”
“Wait. Tell us who Troy is.”
“Troy Epps. He was just a pen pal. He’s doing time at a prison in Scranton, Pennsylvania.”
“Was Troy in prison when you were writing to him?”
“That’s what I just said.”
“Okay. Would…Can you tell us why Troy would write to you about the defendant?”
Geneva shifted in her seat and almost cut her eyes at Dexter but caught herself. “Troy and a guy named Eric…something…was planning to set this Dexter Parker guy up.”
This surprised Wesley. He didn’t want to ask his next question but had to. “How would they set the defendant up?”
She said, “The letters didn’t explain everything, but Dexter was supposed to take the fall for something Eric was going to do. Troy said him and Eric would be rich but Dexter would go back to prison. He said Dexter is perfect because he has an extensive finance background. Something like that.”
Wesley knew this witness had put a serious dent in his case. Damn near totaled it. Her prior statements had not revealed any of the matter to which she had just testified. He glanced at her wheelchair and said, “Your Honor, may I request a side bar?”
Judge Garrison signaled for him and Janet to approach the bench.
Wesley stood next to Janet and said, “Your Honor, my witness’ testimony does not reflect the statement she gave to Agent Walters and Frey.” There were no microphones and the jury could not hear the discussion.
The judge said, “That doesn’t sound like something I can rule on.”