The Two-Witness Rule: A Novel

by William Eleazer

  The Two-Witness Rule

  The Two-Witness Rule

  A Novel

  by

  William Eleazer

  * * *

  Elex Publishers, Inc.

  St. Petersburg, Florida

  The Two-Witness Rule Copyright © 2015

  By William Eleazer

  All rights reserved. No part of this publication (except for brief quotations in articles or reviews) may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without authorization by the publisher.

  This is a book of fiction. Names, characters, and incidents are products of the author’s imagination or are used fictitiously. Any resemblance to actual events or persons, living or dead, is entirely coincidental. Real places are occasionally used to give a sense of reality, but all events involving such places are fictional.

  ISBN-10: 0982474717

  ISBN (Print): 9780982474716

  ISBN (eBook): 9780982474723

  Library of Congress Control Number: 2015937097

  Elex Publishers, Incorporated, Saint Petersburg, Florida

  Published by

  Elex Publishers, Inc.

  5 Crescent Place South

  St. Petersburg, Florida 33711

  Contact publishers at www.elexpublishers.com or call (800)-546-ELEX (3539)

  Background cover photo of Forsyth Park Fountain by Gary Mazzie. Used by permission. For other work by Gary Mazzie, see www.garystravels.com

  First Edition

  Dedication

  As with my first two novels, Savannah Law and The Indictments, The Two-Witness Rule is dedicated to the citizens of Savannah, Georgia, the beautiful city that has inspired so many artists and writers.

  Other Novels by William Eleazer

  Savannah Law, 2010 Gold Medal Winner for Adult Fiction, awarded by the Florida Publishers Association. A young professor’s obsession with a female student at Savannah College of Law takes a surprising turn after Max Gordon, one of the nation’s most successful criminal defense attorneys, arrives in Savannah for a high profile trial. Its aftermath leaves the lives of all involved changed forever. This is a novel about the law, jury trials, lawyers, law schools, and law students. If you love Savannah, the city, you will love Savannah Law, the novel.

  The Indictments, © 2012. A brazen robbery by a masked man at one of Savannah’s finest restaurants results in the murder of a teenage girl and murder indictments against two defendants. The Indictments is a sequel to Savannah Law and brings back Scott Marino, the young assistant DA, to once more face ace defense attorney Max Gordon in a Chatham County courtroom. With beautiful Savannah as the locale, this legal thriller will give you many hours of enjoyable and exciting reading. The colorful characters and realistic courtroom drama in The Indictments will keep you riveted on the twisting plot until the unforgettable final chapter, making it a perfect read for the beach or while sitting by the fire on a cold winter day!

  The Two-Witness Rule

  On the trial of a defendant charged with perjury, the judge should instruct the jury on the two-witness rule.

  Potts v. State, 8 Ga. App. 799 (1949)

  Contents

  Chapter One: Thursday, June 5, 2008

  Chapter Two: Thursday, June 5

  Chapter Three: Tuesday, June 17

  Chapter Four: Thursday, June 26

  Chapter Five: Thursday, June 26

  Chapter Six: Monday, June 30

  Chapter Seven: Thursday, July 3

  Chapter Eight: Monday, July 7

  Chapter Nine: Tuesday, July 8

  Chapter Ten: Wednesday, July 9

  Chapter Eleven: Wednesday, July 30

  Chapter Twelve: Thursday, August 7

  Chapter Thirteen

  Chapter Fourteen: Friday, August 8

  Chapter Fifteen: Saturday, August 9

  Chapter Sixteen: Sunday, August 10

  Chapter Seventeen: Monday, August 11

  Chapter Eighteen: Monday, August 11

  Chapter Nineteen: Monday, August 11

  Chapter Twenty: Tuesday, August 12

  Chapter Twenty-One: Wednesday, August 13

  Chapter Twenty-Two: Wednesday, August 13

  Chapter Twenty-Three: Wednesday, August 13

  Chapter Twenty-Four: Thursday, August 14

  Chapter Twenty-Five: Saturday, August 16

  Chapter Twenty-Six: Monday, August 18

  Chapter Twenty-Seven: Thursday, August 28

  Chapter Twenty-Eight: Wednesday, September 10

  Chapter Twenty-Nine: Monday, October 5

  Chapter Thirty: Wednesday, November 12

  Chapter Thirty-One: Monday, November 17

  Chapter Thirty-Two: Monday, November 17

  Chapter Thirty-Three: Tuesday, November 18

  Chapter Thirty-Four: Wednesday, November 19

  Chapter Thirty-Five: Wednesday, November 19

  Chapter Thirty-Six: Wednesday, November 19

  Chapter Thirty-Seven: Wednesday, November 19

  Chapter Thirty-Eight: Thursday, November 20

  Chapter Thirty-Nine: Thursday, November 20

  Chapter Forty: Thursday, November 20

  Chapter One

  Thursday, June 5, 2008

  Attorney Max Gordon stood a few feet in front of the judge’s bench in Courtroom K of the Chatham County Courthouse. He was in familiar surroundings. Although he was from Chicago, he had served as defense counsel in three felony trials in this same courtroom.

  A short, rotund man, Gordon had a sharp pointed nose and thinning hair, parted in the middle and held in place by a thick layer of hair spray. His diminutive size and appearance was quite deceptive, as he was one of the nation’s best known and most successful criminal defense attorneys. His reputation—combined with the fact that his client in those three previous trials was John Harrison, son of David Harrison, a former Georgia senator and then-candidate for governor—created media frenzy during each trial. All of the trials were televised live throughout the state and served as a front-page news story in all Georgia newspapers.

  “Maxwell E. Gordon, how do you plead?”

  Max Gordon had heard a similar question asked hundreds of times in his career as a defense attorney, but this was the first time the question was preceded by his name. But there he was, standing stooped with a colorless and tightened face, looking down at the carpet in front of the judge’s bench. He lifted his head as Judge Vesely finished the question. Before he could answer, his attorney answered for him.

  “The defendant pleads not guilty, Your Honor. We waive formal reading of the indictment but request a copy and a list of witnesses. We are going to opt in on discovery and we request trial by jury. We ask for ten days to file motions.”

  Gordon’s attorney, Charles Samarkos, was one of Savannah’s most experienced and respected criminal defense attorneys. Gordon had hired him immediately after being arrested on charges of subornation of perjury and influencing witnesses. The indictments alleged that Gordon paid two eyewitnesses to testify falsely at Harrison’s second trial. That second trial was a retrial for a robbery conviction that had been overturned by the Georgia Court of Appeals. The acquittal meant that Harrison was free, after serving almost a year in prison. But his freedom was short lived. He was arrested within days after his acquittal, this time for felony murder of a teenage girl during the commission of another robbery. Once again Gordon traveled to Savannah to defend him, but th
is time Gordon was unsuccessful, and his client was convicted.

  Scott Marino, the young assistant DA who had assisted in prosecuting all three of the Harrison trials and who was now assigned to this case, stood at the prosecution table. He spoke immediately after Samarkos.

  “Your Honor, I would like to be heard now on a matter concerning the bail arrangements for Mr. Gordon.”

  Samarkos and Gordon turned quickly toward the young prosecutor, both with puzzled looks on their faces. Samarkos spoke before Scott could continue.

  “Your Honor, that was settled by Judge Feather at a bond hearing the morning after his arrest. There is nothing to be heard. At the bond hearing, the state argued for a $100,000 bail bond and we argued for his release on his personal recognizance. Mr. Gordon is one of the most respected attorneys in the entire country. There is zero chance he would not show to fight these outrageous charges. The request for a monetary bond in this case was—and remains—a preposterous overreach by the district attorney. While almost any monetary bond could be easily met by Mr. Gordon, we vigorously fought monetary bail because it was a professional insult rather than a measure to ensure Mr. Gordon’s presence for trial. Judge Feather set a $10,000 bond. We disagree with it, but we accept it. Now apparently the DA’s office is not satisfied with this amount. So be it. They had their chance. There is no matter to discuss.”

  Scott looked up at Judge Vesely, awaiting her response. The judge said nothing, but extended an open hand toward Scott, indicating permission for him to respond.

  “Your Honor,” Scott said, “I am not proposing any change in the bail amount. As Mr. Samarkos correctly states, Judge Feather has settled that. But what we are not satisfied with is this attorney, who is under an indictment for these serious felonies, continuing to appear in court representing defendants in numerous cases in various jurisdictions across the country.”

  Scott turned and faced Gordon before continuing. “These are very grave crimes. Mr. Gordon is charged not only with being aware that perjury was to be committed, but he was the monetary force behind it. These crimes are classic crimen falsi crimes, the embodiment of dishonesty and corruption.”

  His voice was sharp as he continued, his eyes fixed sternly on Max Gordon. “Perjured testimony strikes at the very core of the criminal justice system.”

  He paused briefly, then turned to face Judge Vesely. “But more than that, Your Honor, by securing the acquittal of John Harrison by perjured testimony, he put the defendant on the street where he was able to secure a weapon, commit a robbery, and kill an innocent teenager during that robbery. Angela Voss, a young high school senior, out with her family celebrating the news of her scholarship to Emory—murdered by John Harrison. She would still be alive except for Max Gordon’s criminal acts, as outlined in this indictment. Conviction on the two counts of subornation of perjury carries a possible sentence of twenty years confinement with at least two years mandatory. This man should be precluded from setting foot in any courthouse as a defense attorney until he answers these charges in this courthouse as a defendant.”

  As Max Gordon’s face reddened, his eyebrows squeezed together into a sharp crease. He lowered his head, clenched his jaw, and his tightened eyes looked directly at the floor. This was a new situation for Gordon. Here he was in his favorite environment, a courtroom, and all he could do was repeatedly open and close his fingers in a tight fist. He bit his lip but remained silent, as he knew he must.

  “Mr. Samarkos, do you wish to respond?” asked Judge Vesely.

  “Of course, Your Honor. And may I emphasize that I am appalled at such an unlawful and outrageous request being made by this assistant district attorney. Mr. Marino seems to misconstrue an accusation with conviction. He presents no authority for this court to impose such restrictions as part of bail. Mr. Gordon is licensed to practice law in Illinois, New York, and Ohio, and only those states can impose such restrictions on his practice. Such action as requested by Mr. Marino is without precedence, and I trust Your Honor will quickly deny it.”

  Judge Vesely looked toward Scott. “Mr. Marino, did you argue for this additional sanction at the initial bail hearing?”

  “No, Your Honor. And I regret that I did not.”

  “No need for regret, Mr. Marino, as I’m sure it would have been denied, just as I’m going to do. There will be no such restriction added. But I caution Mr. Gordon to follow the rules of each state in which he is licensed. Some states require that upon being arrested, the attorney notify the state bar or some governmental agency. That is the attorney’s responsibility, not mine. Now, for a date for hearing motions. I’m here only for this arraignment. This is Judge McCabe’s case. He is in trials this week and next week, but he informed me he wants to hear motions in this case on June 26. Is that satisfactory with counsel?”

  Scott quickly checked his cell phone where he maintained a copy of his calendar. He was the first to respond. “Yes, Your Honor, that’s satisfactory with the prosecution.”

  The defendant and his counsel were quickly involved in a hushed but animated discussion. Samarkos turned to the judge and said, “Your Honor, may I have a few moments to confer with my client?”

  “Yes, take a moment, Mr. Samarkos.”

  Samarkos and Gordon turned and moved a few steps backward and continued their quiet conversation. Scott could not hear them, but there was obviously a conflict with the date. Scott sat down at the prosecutor’s table and waited. Finally Samarkos turned and faced the judge.

  “Your Honor, I am available for the hearing on June 26, but Mr. Gordon is scheduled for a federal criminal trial in Cleveland that week, a trial which is expected to last three weeks.”

  Judge Vesely pushed her body back forcefully into her chair, and her face made a stern expression. Scott quickly rose and said, “May I be heard, Your Honor?”

  But before Judge Vesely could reply, he continued. “This is exactly why I asked that this defendant’s bail be modified to preclude him from setting foot in any courthouse until he answers these charges in this courthouse. I submit, that as a condition of continuing his bail, he should be prohibited from appearing as an attorney in any court in any jurisdiction, federal or state.”

  Samarkos turned quickly toward the judge. “Your Honor, this is outrageous. We have already—”

  Judge Vesely cut him off before he could continue. “Counsel,” she said, leaning forward and in a loud and obviously annoyed voice. “Enough! This is a serious issue! And counsel—all of you—be seated.”

  She paused, and in a calmer voice, continued. “Frankly this is the first case I’ve had in which the defendant is a defense attorney and actively trying cases in various jurisdictions. In fact, as far as I can recall, this is the first time I’ve had any case involving an attorney as an accused. We’ve had our share in Savannah, but fortunately they haven’t landed on my docket.” Then she sat back in her chair, resting her elbows on its arms, and folding her hands across her lap. She looked across the courtroom at a far wall, her face appearing to be in deep thought. The courtroom stilled.

  “Perhaps I should revisit my decision on bail conditions,” she said quietly, almost to herself.

  Samarkos was once again on his feet. “Your Honor, I believe I have a solution, if I may be heard.”

  “Of course, Mr. Samarkos. Let’s see how your solution compares to the one I’m about to announce.”

  “After conferring with Mr. Gordon, Your Honor, it appears there is no conflict after all. He has agreed to waive his personal appearance at all pretrial hearings. He is satisfied with my representing him in his absence on June 26 and all future pretrial hearings, and we will present that in writing. His bail conditions will thus need no modification.”

  “Then that should settle any conflict. Do you agree, Mr. Marino?”

  Scott stood and faced the judge. There was a look of displeasure on his face as he spoke. “Your Honor, I do not
agree. This defendant should be appearing at all pretrial hearings. He’s out on bail, and requiring his appearance at pretrial hearings is one way to assure he’s around for trial. Additionally, he needs to be present so that he understands the status of the case should there be plea discussions. If he’s not here, observing what is taking place at these pretrial hearings, how can he make an informed decision should there be a plea offer? This defendant is facing serious felony charges—charges of instigating perjury, Your Honor, perjury—in an armed robbery trial. He should not be out and about in the country serving as defense counsel in any trial, anywhere.”

  As Scott spoke, Max Gordon’s face and neck once again reddened. His neck veins expanded and his lips tightened. He placed his right hand on the side of his neck and patted it rapidly with his fingers. His breathing was short and rapid. Samarkos glanced at him with concern and was about to stand and object to Scott’s comments when Judge Vesely interrupted.

  “Mr. Marino, I have ruled on the bail conditions. And it is customary for a party to waive his or her right to appear in person at any pretrial hearings. Mr. Samarkos, since you have offered to place that waiver in the record in written form, we will leave it at that. Judge McCabe will hear any motions counsel may have at nine a.m. on June 26. Now, anything else from counsel?”

  Neither counsel had anything further. Judge Vesely called the next case on the morning’s docket, and Scott picked up his file and prepared to leave the courtroom. As he passed the defense table, he heard Max Gordon say to Samarkos in a loud whisper, “Get that arrogant son-of-a-bitch off this case!”

  Scott turned to face Gordon and smiled. Gordon clenched both fists and took a step toward Scott. Samarkos quickly extended his left arm over Gordon’s chest. Scott turned and headed for the exit.