The Defendants: Crime Fiction & Legal Thriller (Thaddeus Murfee Legal Thriller Series Book 1)

by John Ellsworth

  Thaddeus thanked the Judge and continued.

  “So you say that as a result of the conversation reflected in Defendant’s Exhibit 1, and as a result of your conversation with Mister Franey, you reviewed books and records of Victor Harrow?”

  She nodded. “I did. Special Agent Giovanni and I went to Mister Harrow’s mobile office. We were graciously allowed by Bruce Blongeir access to any records we requested.”

  “What records did you request?”

  “I reviewed the general ledger. Agent Giovanni reviewed bank statements.”

  “And what did you discover, if anything, in the general ledger?”

  “Objection, “said SAAG Barre, again jumping to her feet. “These records are hearsay.”

  “No, your Honor,” Thaddeus disagreed. “Business records exception. I can lay the foundation.”

  “I think there’s enough foundation. Objection overruled. Please proceed with your answer, Agent Pepper.”

  “Thank you. You asked what I discovered in the general ledger. I found a dozen or more instances in this current year where Victor Harrow was making transfers of large amounts of cash to an account he kept in the Cayman Islands.”

  “Where did the money go from there?”

  “First National Bank of the Americas, Chicago.”

  “And what happened to the money there?”

  “It was withdrawn from the bank by two well-known organized crime figures. Ricardo Moltinari and Johnny Bladanni.”

  “Do you know where the money went from there?”

  “I—we do.”

  “Where would that be?”

  “To the Governor himself.”

  A group gasp went up from the jury. Judge Prelate pushed his glasses up on his forehead and blinked several times. The bailiff sat up and opened his eyes. The Clerk of the Court looked up from her screen and smiled at the people filling the courtroom. General murmurs were heard making their way among the spectators. Thaddeus paused and appeared to be examining his notes. Truth was, he was letting the damning testimony sink in. He had just created reasonable doubt and he knew it.

  “Hold it,” he slowly began. “How do you know Victor Harrow’s money made its way from what you have characterized as well-known mob figures, to the Governor of Illinois?”

  She patted her blue folder. “I have excerpts of other conversations. The Governor and Attorney General talking. The Governor and Ricardo Moltinari talking. Money being exchanged. Names being tossed around, especially Victor Harrow’s name.”

  “Why Victor Harrow’s name?”

  “Because Victor stopped paying off six months before his homicide and the Governor and the AG were—shall we say, very upset.”

  “Did they want him dead?”

  “They wanted him made an example of. That’s as close to ‘dead’ as we get.”

  “Please hand those documents to the Clerk. I’m going to ask her to mark those as Defendant’s Exhibits consecutively by conversation date and time.”

  The Clerk nodded. She understood and she would see to it.

  Thaddeus told the court that was all the questions he had. He figured it best to quit while he was ahead. The trial manuals did say that. He didn’t want to push it and suddenly get an answer that convicted his client of something.

  “Your witness, Counsel,” the Judge said to Barre, “you may cross-examine.”

  Barre rose to her feet. “Now let me shift gears a bit. Do you know anything about the arrest of my client Ermeline Ransom?”

  “Vaguely.”

  “From your investigation, do you know anything about the gun and knife found at her residence.”

  “Nothing.”

  “So Ermeline could have shot Victor Harrow and you wouldn’t know anything about that, correct?”

  “Correct.”

  “And in none of your recordings have you heard anything about the shooting, correct?”

  “Correct.”

  “You’re not here to tell the jury she’s innocent, are you?”

  “Absolutely not. I have no idea about that.”

  At that moment Thaddeus could feel his defense slipping away. Ermeline was starting to sound guilty again, and he was sure the jury was having the same response to the line of questioning.

  “Do you know anything about her fingerprints on the gun?”

  “I do not.”

  “You don’t know when she handled the gun, do you?”

  “No.”

  “She could have handled the gun when she shot Victor Harrow for all you know, correct?”

  “Correct.”

  “And in none of your recordings is there anything about fingerprints on the gun, correct?”

  “Correct. I know nothing about the fingerprints.”

  “And with the knife, she could have used the knife to carve E-R-M in Victor’s forehead and you wouldn’t know anything about that, correct?”

  “That’s correct.”

  “You’re not telling the jury you have any evidence that she didn’t carve him up, are you?”

  “I am not. I wouldn’t know that.”

  “That is all.”

  Thaddeus had his chance to re-direct, but it was flat and simply repeated what he had gone over before. At the end, he felt like Ermeline’s defense had slipped away. All they had proven was that the Governor and AG had talked and that Victor had to be an example. That wasn’t the same as proof that they had done it. He had been warned by Killen Erwin, Jr.: you must prove her innocence beyond a reasonable doubt: that’s the reality of what you’re up against. As it stood when SA Pauline Pepper was excused from the courtroom, the Illinois governor, like governors before him, was guilty of something, but as of yet nobody even knew that for sure.

  Thaddeus then asked the court for a conference in chambers. The judge agreed and a procession followed him from the courtroom into his conference room. The participants included Thaddeus, SAAG Barre, the Clerk, the court reporter, and Ermeline. Her deputy waited just outside the glass door. Judge Prelate disappeared into his connecting office and emerged minutes later without his robe. He was dunking a tea bag into a white mug. “Sorry,” he shrugged. “Only have one cup.” Everyone nodded; nobody wanted anything else.

  All right, said Judge Prelate, taking his place at the head of the long conference table. “Back on the record. What did you have to offer, Mister Murfee?”

  “Judge, I would next like to play for the jury a video I obtained from Ermeline’s ex-husband. His name is Hector Ransom.”

  “I know Hector,” said the Judge. It was a small town. Everyone knew everyone.

  “Right. Well, my paralegal and I went to Chicago the day you let us off at three. We located Hector and took his statement. I would like to play that statement for the jury.”

  Judge Prelate smiled. “I’m sure the Special Assistant Attorney General has something to say about that. Madam?”

  SAAG Barre smiled for the first time. Now that the jury couldn’t see. “Hearsay. It gives me no chance to cross-examine the witness. Totally object. I would like a copy, though, as this also is new, just like the rest of Mister Murfee’s case.”

  “The court will have to sustain that objection. Mister Murfee the statement is hearsay, pure and simple, and the State has to be given the opportunity to cross-examine the witness. Couldn’t you have asked him to come here and given an evidentiary statement? Or noticed it for his residence or place of work in Chicago?”

  “Not really. He’s very nomadic, Judge.”

  “You mean he’s a ghost.”

  “Exactly, your honor, he’s here one day and gone the next.”

  “Do you know where he is now?”

  “No.” He didn’t want the SAAG getting to his witness and sandpapering him. He had to get there first, before Miss Barre.

  “Well, that should conclude this hearing. Let the record show this evidentiary conference took place in my conference room, out of the hearing of the jury. Anything else, Counsel?”

  No one had
anything else, and Thaddeus left the room.

  34

  He discussed what had just happened with Ermeline and when she understood that they weren’t going to be allowed to play Hector’s statement her eyes filled with tears. “That’s so unfair,” she said. “He finally tells the truth and the jury doesn’t even get to hear it?” Thaddeus said he was sorry, but that appeared to be the end of it.

  That appeared to be the end of it until he returned to his office and told Christine what had happened with the statement.

  “That’s why we have him locked up in jail, Thad. We can subpoena him.”

  “How, a subpoena isn’t any good on a prisoner. The Cook County Jail would only laugh at us.”

  “Aha, you’ve misjudged me again. They will honor it if it’s in a certain form.”

  He frowned. “What form? What am I missing?”

  “Simple. We file a writ of habeas corpus ad testificandum. That means ‘produce the body for testimony.’”

  “Habeas corpus? For testimony.”

  “Damn, man. Did you pass the bar exam in this state or not? Let me draft it. I’ll have it ready by the time you go back to court so you can file it and have it served on Cook County.”

  “Good enough. Damn. Thanks so much.”

  Thaddeus’ next witness was Attorney Fletcher T. Franey. He laid foundation for Fletcher’s role in the case, Yes, he had had a conversation with the Attorney General himself, Yes, he had done some research at the courthouse, but then suddenly the witness examination went cold: Attorney Franey, it seemed, was going to take the Fifth Amendment. It happened when Thaddeus asked him what he had discussed with the Attorney General.”

  Franey looked at the Judge. “Your Honor, I take the Fifth Amendment. I cannot answer that question on the grounds it may tend to incriminate me.”

  “Mister Franey,” said the judge, “have you discussed this with your lawyer?”

  “I can’t afford a lawyer, your Honor. I’m representing myself here. And I take the Fifth!”

  “Very well, Counsel you’ll have to delve into a different area. The witness cannot be forced by this court to incriminate himself.”

  Whereupon Thaddeus broke it off. But, the damage was done. The jury now had their suspicions about Franey and his role in Victor’s murder—however large or small that might be. A certain degree of doubt, however small, had been injected back into the case by Thaddeus. Franey had done what Thaddeus had wanted him to do. He excused the witness when the State had no cross-examination. It appeared the Assistant AG didn’t want to get into that mess involving her boss for all the money in all the banks. She returned her attention to her notes.

  Thaddeus then asked for a recess for the day, so he could procure his next witness. It was only two p.m., but the Judge grudgingly allowed it, first making Thaddeus promise that he would rest his defense the next day, that they wouldn’t have to go into Friday.

  35

  Christine’s writ of habeas corpus ad testificandum was filed in the Circuit Court of Hickam County, where it was immediately signed by Judge Prelate, and then it was sent by courier to Chicago, c/o Cook County Jail. By seven a.m. the next morning two burly Cook County Sheriff’s Department deputies pulled up in front of the Hickam County Jail and delivered Hector Ransom to the temporary custody of the Hickam County Sheriff, for delivery to the court when it convened at nine a.m. Simple, enough, thought Thaddeus, who would be forever grateful to Christine for the whole idea.

  Court was convened and Thaddeus called Hector Ransom as his first witness. Hector was escorted into the courtroom and down the long aisle by two deputies. He was wearing Cook County orange, flip-flops with socks, and handcuffs. When they crossed through the swinging gate they removed his handcuffs so he could take the oath. He was sworn and sat down in the witness chair, dramatically rubbing his wrists as if he might have a lawsuit against the Sheriff for brutality. His face was anything but friendly and Thaddeus guessed he hadn’t been sleeping much since being taken into custody in Chicago. Finally he forgot about his wrists and looked around. He blinked. He looked at Ermeline who only glared at him. If looks could kill.

  “State your name,” Thaddeus began.

  “Hector Ransom.”

  “Mister Ransom, what is your usual occupation?”

  “Welder.”

  “Where do you reside?”

  “Cook County Jail. Used to be Lauralei Arms Hotel in Chicago. But I been evicted from there for no rent.”

  “And how long have you been in the Cook County Jail?”

  “Ever since you sent Christine to talk to me. Same night.”

  “That’s been several days then?”

  Hector looked around the room. He looked at the ceiling, thinking. “I don’t wanna talk about that. My public defender says I shouldn’t talk about the credit card stuff.”

  Thaddeus looked at the jury. They were rapt, paying close attention. Good.

  “What credit card stuff are you talking about?”

  “I think you know that.”

  “But the jury doesn’t know. Please tell the jury about the charges you’re facing.”

  “Well, the cops say I took Ermeline’s credit card.”

  “Ermeline Ransom, your ex-wife?”

  “Yep. Right there beside you.”

  “Did you take her credit card?”

  “No. I haven’t seen her in over a year. How could I?”

  Thaddeus looked hard at the witness. He tried to bore into him with his eyes. He could feel the anger rising in his chest, burning, like someone who has been betrayed. “You haven’t seen her in over a year?”

  “Nossir.”

  “But that’s not what you told Christine, was it?”

  “I don’t know. I don’t know what I told that. Bitch. Can I say that?”

  Judge Prelate gave the witness an icy state. “You can. You are allowed to express yourself in my courtroom. It might help the jury understand who you are and what you can tell us about the case.”

  “Well, she come to my room. I had a date that night and she all but broke in. Made my date wait in the hall. Naked, too.”

  “Did you discuss Ermeline’s case with her?”

  “Nope. She only asked me about the credit card. And about some gun. I told her I didn’t know nothing’ about no gun. Period.”

  “What happened then?”

  “She threatened me, but I wouldn’t budge. Bitch don’t scare me.”

  “Christine Susmann you’re talking about?”

  “That’s the one.”

  “My paralegal and secretary.”

  “If you say so.”

  Thaddeus stood and crossed to the Clerk’s desk. He lifted the silver gun for Hector to see. “Ever seen this gun before?”

  “I don’t know. Probably not. I ain’t much on guns.”

  “But it’s true, is it not, that you planted this gun in Ermeline Ransom’s house a few months ago?”

  “Hell no. Why would I do that?”

  “That’s what I’d like to ask you. Why would you do that?”

  “I didn’t do that. I’ve never seen that gun before. And I bet it ain’t got my fingerprints on it, am I right?”

  “You are right. So you wiped your prints off the gun when you planted it, correct?”

  “Hell no.”

  “You were wearing gloves when you handled the gun, correct?”

  “Hell no.”

  Hector smiled. He was beginning to warm to this cat and mouse game. Thaddeus could feel the blood rising in his neck and face. He was angry and his hands clenched into fists. He would love to attack this son of a bitch and pummel him, for all the trouble and horror he’d caused Ermeline and, indirectly, Thaddeus too. Not to mention getting shot and almost dying on his front porch. Not to mention the trouble Hector had caused his own son, Jaime, who had been separated from his mother for four months now. You rotten son of a bitch, he thought. I’m going to nail your ass.

  “Your Honor,” Thaddeus said suddenly. �
��Can we take the morning recess now?”

  “We may although it’s early. Let’s return at ten o’clock. We’re adjourned.”

  Thaddeus ducked out of the courtroom and limped quickly back to his office. He dragged the bum leg up the stairs with the cane. He explained to Christine how Hector was totally lying on the stand. Evidently he had been told the recorded statement couldn’t be used in court and he was just going to make up whatever came to him at any moment. Christine became enraged and then had an idea. She told Thaddeus what she thought they should do. Thaddeus hurried back to court, a grim smile on his face. This should be fun, he thought. Let’s get this done.

  Christine Susmann walked quickly across the street and up the courthouse steps. She hurried inside and went through the security checkpoint. The red gym bag she was carrying went through X-ray. The deputies unzipped it and looked inside. “There’s nothing here,” they commented. She told them she knew that. She told them she would be filling it with her boss’s legal papers when she left. They nodded they understood and let her through. She went up the double stairs and through the double doors of the Hickam County Courtroom. Court was not yet in session. She walked right up to the bar and through the swinging gate. She took a seat in the lawyers’ row where she had a direct line of sight to Victor. She placed the large red bag on her lap and sat back. This should be interesting.

  Judge Prelate met with two out-of-town attorneys and their client in the conference room while the morning recess proceeded. He heard the uncontested divorce they had brought for him and signed the divorce decree. Justice was once again done in Hickam County, Judge Prelate thought, with a sigh. It was a mindless, never-ending game, the divorce racket. Deep down he hated it and he wished the legislature would take divorce out of the courts and make it a simple civil matter. File the papers with the Clerk and the Clerk issues the divorce decree. Some days he thought otherwise, but today he was sick of it. Then it was time to convene court and he went back to his place on the bench.

  Hector Ransom was returned to the witness stand. It was only when he was seated and looking around that he first noticed Christine Susmann. And with the red bag! The same one she had brought to his room and shocked him with. The same one she had threatened to wire to his testicles if he didn’t get real and get honest then and there. Sweat broke out on his forehead and his underarms were instantly clammy. Damn, he thought, who let this maniac in here! Then he couldn’t control himself and his hands began to shake. She was less then fifteen feet from him. And she had the cattle prod in her bag! How in the hell had they let her into court with that!