by Shenda Paul
"So the defendant ordered you to manage and extend criminal activities in your territory, and those activities included drug dealing, prostitution, extortion, and loan sharking. Is that correct?"
"That’s what a leader does. You keep your turf clean and make money any way you can."
"But the drug operation was your primary focus; is that correct?"
"It's the most profitable, so yeah."
"Tell the court how the drug operation you managed for the defendant worked?"
"Victor used to drop off my district’s stash every Sunday and give me any new orders from the boss. I gave him the last week’s earnings and my report."
I turn to accept the evidence that Jodi’s holding out, then hand it to the court officer, who, in turn, passes it to Moretti.
"Mr. Moretti, do you recognize the first document you’re holding?" I ask, having given him a few moments to scrutinize it.
"Yeah."
"And is that your signature on the last page?"
He glances at the page. "Yeah," he answers.
"Can you explain how your signature came to be on that record of intake?"
"District leaders took turns to check the shipments when they came in from suppliers to make sure it was what the boss ordered before we handed over the money. We had to sign the form to say that everything was okay. If anything was missing or the stuff wasn’t good quality, the boss would know who to blame."
"Where did you get the money to pay for these shipments?"
"Victor would tell us where the drop would be made; he gave us the money then."
"And what did you do with the drugs after you received them?"
"We dropped it off at Victor’s."
"So you played a part in drug trafficking?"
"I did what the boss told me to. No one argued when they got an order."
"Do you recognize the second document you’re holding?"
"It’s a weekly report for my district," he says after glancing at it.
"And is that also your signature on the report?"
"Yeah," he confirms as I project the document onscreen.
"This, Your Honor, Ladies, and Gentlemen, is Exhibit Five, the report the witness just identified. You will note details recorded; quantities of heroin, cocaine, even marijuana sold and the income those drugs generated. These columns here, list revenue from their so-called protection services, street prostitution, and other miscellaneous sources. The Cordis ran a tight ship, leaving little room for their employees to cheat, as you can see," I pause, allowing jurors time to take notes before turning back to the witness stand.
"Would you explain the circumstances under which you met Lorcan Walsh, Mr. Moretti?"
"Like I said; he refused to pay protection money, so I convinced him."
"You mean you threatened him?"
"Yeah, I threatened him—he had plenty of balls for an old guy, though."
"So you decided to deal with him as you've already described?"
"I didn't do it, but yeah, he was dealt with."
"Explain what you mean by dealt with?"
"Like I said, I'm smart. I had another problem, so I killed two birds with one stone," he says, looking decidedly smug.
"How was Mr. Walsh dealt with?"
"Some guy, Ealy, couldn’t pay his debt, so me and Nate grabbed him, fed him coke, then I made him torch Walsh's car. Two birds, one stone."
"Are you referring to Gary Ealy?"
"Yeah."
"When you say fed him coke, what exactly do you mean?"
"We shot him up with coke."
"Injected him forcibly and against his will?"
"Well, he was tied up at the time," he answers flippantly.
"The Nate you referred to; is that Nathanial Barnes, who worked as a Cordi street lieutenant?"
"That’s him."
"No further questions, Your Honor," I conclude, and Jones is invited to cross-examine.
"Mr. Moretti, you claim that no plea bargain was made in exchange for your testimony?" he asks.
"I already said that; you deaf or something?"
"The witness will answer the question," Judge West reprimands. Moretti, unchastened, responds with a cursory ‘yeah’.
"You've testified that my client employed you for five years, is that correct," Jones, his face flushed with embarrassment, asks.
"Yeah."
"How many times did you actually meet my client?"
"Three or four."
"Was it three, or was it four?" Jones snaps.
"Okay, three." Fico shrugs nonchalantly.
"The first meeting, according to you, took place when Mr. Cordi offered you a job; and the second, you allege, was when he promoted you to district leader. Will you tell the court about the third supposed meeting?"
"Me and Nate were sorting out a dealer when the boss pulled up. He rolled down his window, told me to get in, and told the driver to take a hike. He asked me how I found out that one of my lieutenants was cutting coke. I said I regularly plant users to check on my guys. He told me I did good and to deliver the thief to Victor."
"And that was your full conversation with my client?"
"In a nutshell."
"Were any witnesses present at these alleged meetings with Mr. Cordi?"
"Victor was at the first two, and Nate was there the last time."
"Victor Perez is not available to support your assertions, and Mr. Barnes may well claim to have seen you enter the car, but he was not, according to you, present for your alleged conversation. Why should the court believe the word of convicted criminals?"
"I have nothing to lose by telling the truth."
"Mr. Moretti, I suggest that you were not employed by my client, that you, Nate Barnes, and this Victor Perez worked for yourselves, or some other person or persons; that you and your actual bosses used the Cordi family’s past reputation to gain credibility on the streets. Then, when you and your other accomplices were arrested, Perez fled. You invented your story in the hope of a plea bargain, did you not?"
"Objection, Your Honor; badgering," I interject
"Sustained," Judge West decides.
"I have no further questions for the witness, Your Honor," Jones announces.
"Does the Commonwealth wish to redirect?" I’m asked and take to my feet once more.
"Mr. Moretti, when asked about your conversation with the defendant in his car, you responded by saying, 'in a nutshell.’ What exactly did you mean?"
"That’s about what he said."
"So it was a general overview of your conversation, not exactly what was said?"
"That's what in a nutshell means," he counters.
"Thank you for the vocabulary lesson," I respond impassively. "Would you tell the court exactly what you remember Mr. Cordi saying when he lowered his car window?"
"The boss said, I’m told you caught someone stealing from me. Get in here, let him deal with that."
"Mr. Cordi said the dealer stole from him; not from you or anyone else but from him specifically? Are you sure about that?"
"Pretty sure, yeah."
"Would Mr. Barnes have been able to overhear this part of the conversation?"
"Sure. He was standing right next to me."
"No further questions, Your Honor."
Nathaniel Barnes takes the stand next and corroborates Moretti's testimony. When I ask about that particular incident with Joseph, he responds by saying, "Mr. Cordi said, I heard someone’s been stealing from me. Get in the car, let him deal with that."
"Are you sure about the wording?" I press.
"Positive," he says unhesitatingly, confirming what I’d hoped he would, that Joseph said ‘stealing from me’, thereby discrediting claims that the Cordis were set up by rival criminals.
Travis Jones fails to rattle Barnes under cross, and then, just as he’d done w
ith Moretti, challenges his motives for testifying. Barnes doesn't falter in his assertion that he’d hoped for but hadn’t received a plea bargain.
Lorcan Walsh and Gary Ealy are called in succession. Before questioning Gary, I disclose details of his pending trial for arson on Lorcan’s car and the plea bargain reached. Travis Jones, as I knew he would, challenges his motives for testifying, but my pre-emption and Ealy’s harrowing retelling of his abduction, forced drugging, and subsequent fall into crime effectively neutralizes his efforts.
Judge West instructs the jury on the need not to discuss the trial outside of the deliberating room before he adjourns court for the day. Jodi and I leave via the side door without drawing the attention of the press and hail down a cab two blocks away.
That evening, Jon pops his head into my office. "Picking Jodi up?" I ask.
"Yeah, I’m taking her to dinner, and I just wanted to let you know I’m flying to Texas tomorrow morning to interview Perez and a guy, Andres Vega, who was arrested with him."
"We may get some useful information from him. What about the girls?"
"They've been hospitalized; both are still too out of it to make much sense. They'll probably have to go into rehab, but the Texans will interview them as soon as they can. In the meantime, both girls’ DNA samples have been sent to the Mexican authorities to cross-match against the Riviera family.
"I truly hope one of theirs does. The Rivieras deserves for their nightmare to end, although, another’s just about to start. Rehab's brutal, and who knows what other trauma those girls have suffered that they’ll have to deal with," Jon adds.
"Are you sure you're going to be all right?" I ask, recalling his experience with Elise.
"I'll be fine; I just want to nail these bastards. You know, if our suspicions prove correct, Perez won’t be the only one facing a murder charge."
"I’m not an advocate of the death penalty, but it would be interesting to see if Joseph maintains his arrogance when told that a possible lethal injection awaits him," I reply grimly.
"Well, if that doesn’t wipe the smug look off his face, nothing will. Have a good night, Adam," Jon says before turning to leave.
"You too, and have a safe trip," I call out.
Chapter Nine
In court, the next morning, I call O’Flaherty to the stand.
"Michael Connor O'Flaherty," he replies when asked to state his name.
"Mr. O'Flaherty, you are currently on remand awaiting trial, are you not?" I ask.
" I am."
"Would you state the charges you’re facing, please?"
"I've been falsely charged with running a house of ill fame and sex trafficking," he says, making his resentment clear.
"Did a court determine that you have a case to answer?"
"Yeah, but I’m innocent."
"Did a court determine that you have a case to answer?"
"Yes," he concedes.
"So, it would be true to state that you’ve been charged with prostitution-related crimes?"
"Yes," he says.
"The charge of child enticement has since been added to those you’ve mentioned, has it not?"
"I didn’t…."
"You are not on trial here, Mr. O’Flaherty. Are you also facing a charge of child enticement?"
"Yes."
"Have you been offered any incentive to testify today?"
"No, I haven’t," he replies churlishly.
"Are you acquainted with the defendant, Joseph Cordi?"
"Mr. Cordi is… was my boss," he says, casting a nervous glance at the defense table. I turn to see Joseph staring at him with narrowed eyes. When he sees me watching, his mouth lifts into a malicious smirk.
"Ignore the defendant’s attempts at intimidation, Mr. O’Flaherty," I tell him, deliberately drawing attention to Joseph’s behavior.
"How did you meet Joseph Cordi?" I ask.
"We met eight years ago when he visited a club I was managing."
His responses are irritatingly hesitant, but I remain confident that, in the end, O’Flaherty’s desire for a lessened sentence will win out over any fear he still holds for Joseph Cordi.
"Tell the court about your most recent relationship with the defendant," I ask more firmly.
"I was employed by Mr. Cordi."
"In what capacity?"
"As the manager at Liaison."
"Liaison is one of several clubs owned by the defendant and closed down for trading in prostitution, was it not?"
"Yes."
"You were employed as more than a club manager, though, weren’t you, Mr. O’Flaherty?"
"I don't know what you mean," he says, his eyes darting around nervously.
"Were you not also employed to recruit women as prostitutes?"
"I managed Liaison; I know nothing about hiring prostitutes," he says.
I hold his glance in silent challenge, but he looks away. Jodi and I spent hours taking his deposition and now, it seems, O’Flaherty’s trying to withdraw that testimony. I turn to address the bench.
"Your Honor, the Commonwealth moves to declare the witness hostile," I announce, and Judge West motions for a sidebar discussion.
"The witness is rescinding testimony contained in an affidavit given in the presence of his lawyer only days go, Your Honor. Mr. O'Flaherty's testimony is vital to the Commonwealth’s case, and I’ve already drawn the court’s attention to the defendant’s attempts at intimidation. The witness fears reprisal, and I believe the only way we'll get him to tell the truth, under these circumstances, is if I'm able to treat him as hostile," I explain.
"Your Honor," Jones counters, "this is a tactical ploy to gain the court’s sympathy."
"All I’m interested in is gaining the truth," I argue.
"I'm granting the request," Judge West rules.
"Your honor…" Jones protests but falls silent at the judge’s interruption.
"You will have the opportunity to challenge the witness under cross-examination, Counsel. Step back, gentlemen," he says, his tone allowing no further discussion.
"Mr. O'Flaherty, would you describe Mr. Cordi as an intimidating man?" I ask.
"He can be."
"Have you ever seen Mr. Cordi intimidate anyone?"
"I can't remember," he says, casting a furtive glance at Joseph.
"So you don't recall the defendant ordering Victor Perez to cut off a man's ear?
"I know nothing about that," he insists.
I project a visual onto the overhead screen. "This, Your Honor, Ladies, and Gentlemen, is a copy of the witness's signed testimony provided in the presence of his attorney," I say, slowly moving through the pages before leaving the last illuminated.
I retrieve the original document from Jodi and ask that the court officer hand it to O’Flaherty. "Is the document you’re looking at identical to the one now on screen?
"Mr. O’Flaherty?" I prompt at his hesitation.
"Yes."
"Would you verify your signature on the document, please?" I ask, and he glances nervously at the defense table once more.
"The witness will ignore the defendant and answer the question," Judge West directs.
"Did you or did you not provide the affidavit you are holding?" I repeat for good measure.
"Yes," O’Flaherty concedes, sounding defeated.
"Will you now relate the incident where you witnessed Joseph Cordi ordering a man's ear be severed from his head?"
He licks his lips nervously and casts another glance at Joseph. Judge West intervenes before I can.
"The defendant no longer poses a threat to you, Mr. O’Flaherty," he says, before turning to Jones. "Counsel, your client is cautioned and will be removed if he continues his intimidatory tactics."
Jones seems genuinely taken aback. He'd either not noticed Joseph’s behavior or actually believed that I’d been pulling
a stunt. Bryce, meanwhile, is quietly speaking with Joseph, who impatiently shrugs his hand from his arm.
"Mr. O'Flaherty?" I remind him. He turns his head to face me and releases an audible sigh before speaking.
"I was with Mr. Cordi, Chris, the manager of Rendevu, and Victor Perez in Chris' office. Victor suddenly jumped up and opened the door. This guy, Jonny somebody, fell into the room; it was obvious that he was listening. Victor punched him in the face and asked Chris to get some plastic bags.
"Jonny was practically pissing himself. Victor just laughed as Chris spread the plastic on the floor like he ordered and put a chair on it. Victor pushed the guy onto it and cuffed his arms behind his back. He asked Mr. Cordi what he wanted him to do. ‘I believe in an eye for an eye, don’t you?’ Mr. Cordi said. ‘I agree,’ Victor laughed. ‘One or two ears?’ he asked Jonny. Jonny pleaded with snot and tears running down his face. ‘I’m feeling generous today, we’ll settle for one,’ Victor said.
"I wanted to throw up, and Chris also looked pretty sick when Victor pulled out a knife. He asked Jonny which ear he listened with. Jonny begged, saying over and over that he wasn’t. Victor told him if he didn't tell him, he’d cut off both ears to make sure he got the right one. Jonny finally pointed to his left ear, and he really did piss his pants when Victor grabbed hold of it. Mr. Cordi said wait, and Jonny started to thank him, but Mr. Cordi just asked Chris to get him a Cuban. He lit up, and then told Victor to make it slow."
Joseph appears unmoved by the telling of this shocking tale. O’Flaherty avoids looking at him again, and the rest of his testimony is incident free. He attests to having recruited or identified women as potential prostitutes and confirms that Amy Sanders, Jasmine Thomas, and Linda Hall had been among those he’d drafted.
He also confirms that he’d been present during discussions between Perez and Joseph about drug deals and corroborates information we’d learned during interviews with Moretti; that each district raised a minimum of ten million dollars annually through the sale of drugs. Joseph had six districts in his territory and Enzo five, netting the Cordis over one hundred million dollars from their local distribution network alone.
Under cross-examination, Jones tries valiantly but fails to discredit O'Flaherty's testimony.