by Denise Irwin
Before Smyth moved forward to the Attempted Murder charge, he asked the jury members if there were any questions. When Juror Eight raised his hand, Smyth nodded to him to pose his question.
“Mr. Smyth, do you have evidence to prove that the defendant was laundering money?”
“Yes sir, we do.” Smyth went through the photos on the screen where Grossman was depicted carrying crates into the casino. “We believe that he managed to skim money from those crates. Additionally, I presented the signed receipt by the casino staff member who accepted that delivery. That receipt coupled with Agent Henson’s photos lead us to believe that Grossman knew there was money in those crates.”
“Mr. Smyth, how do you know there was money in those crates if they were labeled ‘fresh vegetables?”
Smyth knew he was repeating what he’d just said, but if wasn’t crystal-clear in the jurors’ minds; he’d never get the indictment he needed.
“FBI Agent Cassandra took these pictures near 10:00 pm while working undercover at the casino. We learned that the crates in these photos,” Smyth reversed the slide back to show the one with the crates in the casino kitchen, “A member of the kitchen staff signed the delivery receipt 7:30 that morning. If the crates contained vegetables from 7:30 in the morning until 10:00 that night, the vegetables would have gone into the trash, as they would have wilted. What we have learned from a number of casino money laundering investigations is that passing the money using fresh vegetable crates was very common. Does that answer your question? If it doesn’t, I’ll go into further detail.”
“Was the owner involved?”
“The owner had received anonymous threats to use his casino or pay the consequences. He contacted the Federal Bureau of Investigation. The Bureau asked that he continue to operate his business as usual until it could get someone in to investigate the case.”
When Juror Eight nodded that, he understood Smyth moved on to the evidence for the charge of Attempted Murder of a Federal Law Enforcement Officer. “Before I show you the photos of the victim, I’m bound to warn you the photos are graphic.”
Smyth put the photos of Cassie on the screen as he handed the jury members the printed photographs.
“This is FBI Agent Cassandra Henson shackled to the wall in the defendant’s basement. She lay on that basement floor with her arms shacked at shoulder height for four days. You can see in this photo that her wrists are bleeding.” Smyth advanced to the next photo. “Her mouth is duct taped to prevent her from speaking or calling for help.”
Smyth advanced to the next photo, “You can see in this photo that she was lying in her own urine and feces. She told the police that she had lain in her own urine and feces without food or water for four days while shackled to the wall. We have a hospital medical report, as evidence that Agent Henson was near death when police officers rescued her. The hospital report indicates it wasn’t likely that she could have lasted another twenty-four hours.”
Smyth looked at the jurors’ faces and saw everything from disgust to shock on them.
Juror Six raised her hand, “Mr. Smyth, may I please be excused for a moment?”
“Of course you can. We’ll not move forward until you return.”
Smyth noted there were several jurors who looked nauseous by the photos on the large screen monitor. He debated whether he should turn the monitor off or let them see those heinous pictures until she returned. He left them up.
When Juror Six returned, Smyth asked if anyone had questions.
Juror Four raised her hand. “Mr. Smyth, who found Agent Henson in Grossman’s basement?”
“A private investigator from Baltimore found her. Agent Henson was investigating money laundering in the Chariot casino. She provided the owner with contact information for Private Investigator, Sam Marksman. She asked the owner to call the Investigator if she did not report for work. Investigator Marksman found Agent Henson.”
Juror Three raised his hand. “Did this Investigator have a warrant to enter the house?”
“No, sir, he did not. When he arrived at Grossman’s house, the Investigator went to the house to ascertain whether Agent Henson was inside the house. Prior to approaching the property, he used an infrared device that indicated that the yard and house were covered with laser beams.”
Juror Three then asked, “Was the investigator charged with home invasion.”
“No, he was not. Due to the extenuating circumstance that a life was in danger, he was not charged. Additionally, Investigator Marksman has worked on a great deal of investigations as a consultant to the FBI.”
Juror Four raised her hand. “Is it safe to assume that the Investigator knew Agent Henson?”
“Yes, he worked with Agent Henson on a previous case of investigating money laundering.”
“Thank you.”
Smyth moved to the next charge for Making a Bomb, “May I draw your attention to the monitor. These photos depict the de-activated bomb in Grossman’s basement. The State Police Bomb Squad shot these photos after they removed Agent Henson from the house. The laser beams in the defendant’s basement connected to an explosive device that would activate the bomb if any single beam was broken.”
Juror Five raised his hand. “Who uncovered the bomb?”
“Investigator Marksman found it. When he entered the house, his first priority was finding Agent Henson. He presumed a locked door led to the basement. He kicked the door in and slowly descended the staircase to the basement. His infrared camera showed the laser beams in the basement. Halfway down the stairs he stooped down on the step and saw Agent Henson shackled to the wall. He asked her if there was a bomb. When she nodded to him that there was, both Agent Henson and Investigator Marksman testified to the police that she used her eyes to guide him to the bomb since her mouth was duct taped shut. While the Investigator was stooped on that step, the local police arrived to the property, and that’ when the Investigator requested that the bomb squad be called.”
Smyth’s intuition told him, he at least had their full attention. The questions they asked were well composed indicating that they’d heard and understood every word he’d told them. At this point, he was a little worried about Juror Six since she looked overwhelmed. He needed to make sure when he interviewed the witnesses there was no doubt in her mind before she voted on the indictment.
“On the charge of Impersonating a Federal Law Enforcement Officer, FBI Agent Farlow obtained the defendant’s fingerprints. The defendant had presented himself as FBI agent to the Boston Office. The Federal Bureau of Investigation analyzed Grossman’s prints. The prints matched Grossman’s prints on file. The FBI analysis revealed that the defendant was a convicted felon and had served prison sentences for those convictions.”
Juror Nine held his hand up, “If this Grossman was not an FBI agent and had a rap sheet for felonious crimes, who allowed him work on this case? Was he a snitch, or did he present himself as an agent?”
“The Boston FBI Director indicated that he received a recommendation from someone higher in Bureau to pair Henson and Grossman on the case.”
“Is this director on your witness list?”
“Yes sir he is.”
Juror Nine looked satisfied with what Smyth told him.
“Members of the Jury, those are the four charges filed against the defendant. We have presented you with evidence for each charge. Before we move to the witness list, does anyone need a short break?”
Juror Six was the only member who excused herself to use the restroom. Smyth wasn’t surprised. As she left to use the restroom, she looked as though she alone carried the weight of this case on her shoulders.
When she returned, it looked to Smyth that she had mustered the strength to move on.
“I’ve put together a list of witnesses that I’ll interview. You may ask the witnesses any question pertinent to your final judgment. As a Grand Jury, you also have the right to request that we subpoena additional witnesses. I’m going to bring Agent Henson in first.�
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Smyth left through a back door for the jury room. The Deputy Marshals had Cassie in a room down the hall. Cassie smiled when Smyth entered the room, “If I’m right, you’re Assistant US Attorney Philip Smyth, and you’re about to tell me it’s show time.”
Before he walked her to the jury room, he told her, “Agent Henson, it’s a pleasure to officially meet you.”
“How did the jury react to your opening summary?”
“They hung on every word and asked good, concrete, questions.”
“That’s an excellent sign. Okay, I’m ready.”
“Cassie, weren’t you a blonde?”
“Yes sir, I was until Marksman demanded that I cut and dye my hair.”
“Since I’ve shown your photos to the jury, I’m going to question you about that red hair.”
“Is Sam on the witness list?”
“Yes he is, Agent Henson.”
When Cassie took her seat in the witness box, she smiled and made eye contact with each of the sixteen members. Smyth introduced her to the jury. “Members of the Jury, this is FBI Agent Cassandra Henson with the Boston office. I’m going to ask Agent Henson a series of questions, after which you will be given the opportunity to ask her questions.”
The jury was fascinated with Henson. Smyth figured they were shocked to see a beautiful dignified woman sitting before them. She’d brought what she referred to as her ‘FBI’ suit, which was a fitted black jacket, a straight-line black skirt, a white blouse, along with a pair of low-heeled black shoes. Her red curls bounced when she moved her head. Smyth knew this was not her first Grand Jury appearance. She looked too confident for this to be her first.
“Agent Henson, can you please explain to the jury how it was that you were in Bruce Grossman’s personal home.”
“Yes, of course.” Cassie shifted in her chair to address the jury rather than the prosecutor. “I was asked by my Director in Boston to work with another agent to investigate a money laundering case in New Jersey.”
“What is the name of the agent, you were told you’d be working with?
“My boss told me I’d be working with an agent out of Oregon, Joe told me his name was Bruce Grossman.”
“Had you ever worked with Agent Grossman in the past?”
“No sir, the first time I met him was the morning before we left from Boston bound for New Jersey. Bruce Grossman was in the office kitchen when I arrived to work, so I introduced myself to him.”
“Did this case the two of you were investigating require working undercover?”
“Yes sir.”
“Agent Henson, when you were assigned this undercover investigation for money laundering, were you working under your legal name?”
“No, the US Marshal’s WITSEC, I’m sorry, the US Marshal’s Witness Security division issued me a new identity which included a new Social Security Number and driver’s license.”
“What was your new name on this case?”
“I worked under the name of Rebecca Grossman, posing as Bruce Grossman’s wife.”
“Your partner for this investigation was Agent Bruce Grossman, is that correct?”
“Yes sir, that’s correct.”
“Mr. Grossman was not given a new identity?”
“No sir. My Director explained that Mr. Grossman lived for many years in Atlantic City where he worked his way through college driving a vendor delivery truck. Since he was well known in the community, he used his legal name during the investigation.”
“Agent Henson, can you please explain the plan for this investigation?”
“The Bureau provides the investigation team with a list of suspected businesses where money is laundered. The agents then obtain jobs within the suspected business or a job associated to the business in question. The Chariot Casino was on our targeted list. In this investigation, I was able to obtain a job working for the Chariot, as a bartender. Grossman secured a job with a trucking business that delivered fresh vegetables to the same casino.”
“When the Chariot casino hired you, you’re first day of work was the evening shift on Wednesday, October 3 is that correct?”
“Yes, I was assigned the 4:00 to 10:00 pm shift.”
“How many days did you work for the Chariot?”
“One day.”
“Did you uncover any evidence that would support the claim that the Chariot Casino was involved in money laundering?”
“Yes sir, I did. Halfway through my shift, one of the dealers offered to tend the bar, so I could use the restroom. The restroom was on the other side of the kitchen doors. I ducked my head to introduce myself and saw crates stacked against the wall labeled as fresh vegetables. I knew if there were vegetables in those crates, they had spoiled sitting in the kitchen all day. I suspected that the crates contained cash. I took several photos with my cell phone camera. I transferred the photos to one of the dealer’s cell phone. When I saw the crates in the casino’s kitchen, I was suspicious that Mr. Grossman may have known there was money rather than vegetables in the crates. Mr. Grossman told me he had made a vegetable delivery that morning. I asked Mr. Grossman if he knew what was in those crates; he told me he didn’t look in them on his first day of work.”
“What were you suspicious of if the defendant told you he hadn’t looked into those boxes to confirm that they held cash rather than vegetables? I’m under the impression that once a delivery is made, the driver is no longer involved with any aspect of the deliver.”
“When I arrived to his house that evening, he confessed to me that he knew those crates contained money. He also showed me boxes full of cash in his basement, which he claimed was the money he’d been paid for delivering the crates.”
“Agent Gibson, when the defendant showed you the boxes in the basement, did you think that he may have been involved with money laundering?”
“Yes sir, I did.”
“Agent Henson, I’d like to move onto the second charge for the Attempted Murder of an FBI Agent. Did he threaten your life?”
“Yes sir, he did. He held me at gunpoint and told me that now I knew he was a part of the money-laundering scheme, he couldn’t let me go. He went on to say that he wasn’t going to kill me just yet since we had not consummated our marriage.”
“Did the defendant restrain you?”
“Yes sir, he did. When he forced me into the basement, he pushed me to the floor, turned me onto my back, and shackled my arms at shoulder height to the basement wall.”
“Agent Henson, there is a dead dog lying at your feet in this photo, was this your dog?”
Cassie choked back the urge to scream. “His name was Brutus, he was my dog. He and I were partners in the FBI’s canine unit. Tears trickled down her cheeks.
“Agent Henson, I know these are hard questions. Do you want to take a break?”
“No, counselor taking a break won’t change what happened to my dog. After Grossman shackled me to the basement wall, he sent my dog down the steps. Brutus lay at my feet to protect me. The average dog in any situation tries to protect his owner. When Grossman started down the steps, Brutus rose to protect me, and Grossman shot him in the chest.”
“Agent Henson, you just stated that you trained with Brutus in the Canine Unit and that when he rose to protect you, Grossman shot him in the chest. Does that mean your dog felt your life was in danger?”
“Yes sir, it does.”
Cassie couldn’t get her emotions back into the box in her head and she openly sobbed as she told Smyth, “Yes, sir, that’s correct.”
“Agent Henson, the police uncovered a bomb in the defendant’s house. Did Mr. Grossman indicate if he’d made the bomb?”
“No sir, he did not. He did; however, tell me to lay still, and that if I didn’t, a bomb would go off.”
Smyth called for a recess. He’d been questioning her over an hour. “Members of the Jury, I’m going to recess for fifteen minutes. There’s coffee in the chamber meeting room.”
When the jury left the
room, Smyth walked to the witness stand, “Cassie, I am, so sorry to have put you through those questions.”
“I’m okay. Brutus was my partner, so when you asked about him, it just brought back the memory of his being killed.”
“Do you want to take a break yourself?”
“No, I just want to get this done. Grossman’s here in the building, isn’t he?”
“Yes, he’s confined in the US Marshal’s lock up. Cassie, Grossman was charged with Impersonating a Federal Law Enforcement Officer, so after the break, I’ll ask questions on that charge. I’ll also ask about your red hair.”
Cassie smiled, “I can handle that.”
When the jury returned from the break, Smyth addressed them. “Before I turn the questioning to the jury, I have two more questions for Agent Henson.”
The jury looked from Smyth to Cassie as he asked, “Agent Henson, were you under the impression that Bruce Grossman was a fellow FBI Agent?”
“Yes sir, I was. The Boston Director made the assignment and stated that I would be working with an agent out of Oregon.”
“When did you learn that he was not an agent?”
“I was in the hospital when I was told that he wasn’t an agent.”
“Are you up for one last question?”
“Yes sir, I am.”
“The photos taken by the police, and shown earlier this morning to the jury indicate that your hair was much longer and was blonde. You now have short red hair.”
Cassie smiled at Smyth, “Investigator Marksman arranged for a safehouse for me. As part of his requirements to keep me safe, he told his fiancée to cut my blonde hair and dye it a different color.”
“Thank you, Agent Henson. Members of the jury, you may ask Agent Henson questions if you need to clarify her testimony.”
Juror Fifteen raised his hand. “Agent Henson, if Mr. Grossman isn’t an agent, did you at any time become suspicious of his credentials?”
“Yes sir, I did. When I took the photos in the casino’s kitchen, I suspected that Mr. Grossman was a member of the money-laundering outfit we were investigating. When he showed me the boxes of money in the basement, he confirmed it himself.”