Fatal February

by Barbara Levenson

  I took the picture from Karl and showed it to Judge Arnold. “This is a layout of the Kahn home, the Yarmouth home, and the street in front of the houses. It’s relevant to Ms. Kahn’s testimony.”

  “Okay, Counsel, the clerk may mark it into evidence,” the judge said.

  “Now, Ms. Kahn, do you recognize what is in this photo?”

  “Of course. There’s my house and the pool, and here is Lillian’s house and driveway, and there’s our street. See, you can see how I had a bird’s-eye view of their house from my pool.”

  “When you saw Lillian drive into her garage, do you know what time it was?”

  “Yes, right after I saw her I looked at my watch, and when I saw it was already three o’clock, I was pissed. Excuse me Judge,” Cassie smiled at Judge Arnold, “I mean, I was angry.”

  “What were you angry about?” I asked.

  “The caterer who was doing the Sunday party was supposed to call me at two thirty so I could give her a final headcount and she could tell me if she was able to get all the seafood I had ordered. You know how scarce stone crabs have been lately. Well, I guess she thought I should just sit there and wait all day for her to call, so that’s why I was angry.”

  “What happened next?”

  “Well, I stood up to go in the house and call the caterer, and just then I saw a woman running down the sidewalk from the Yarmouths’ house toward our house. She stopped for a couple of seconds right in front of our yard and stepped out of her shoes. They were those high wedges. I think they’re by Remeau. Anyway, they’re hard to run in, so I guess that’s why she took them off and she ran down the street to a little red BMW parked in front of the house on the other side of my house.”

  I removed the photos of Maddie from the envelope and showed those to Karl. He looked startled.

  “Any objection, Mr. Morris?” the judge asked.

  Karl passed the photos to the other prosecutors, who looked at them and passed them back to me as I waited at the end of their table.

  “I guess not, Judge.”

  The clerk marked the photos and I placed them on the arm of the witness chair.

  “Ms. Kahn, would you look at these photos and tell me if you recognize the person in the photos?”

  “This looks like the woman who ran down the street that I just told you about. The thing that is so distinctive about her is that reddish-blonde hair. What a gorgeous color.”

  “Can you show us on the photo of your house, exactly where the woman stopped? Just put an X there with this pen.” Cassie marked a space in the first photo, just in front of her house on the sidewalk.

  “Do you recall anything else about that day?”

  “Well, later my maid came and told me that there were police cars and an ambulance next door. Then a young officer came to the door and asked me about the stuff I just told you, and then later on I went outside to see what had happened. A lot of the neighborhood was standing out there. They said Gary was dead. And then we saw the police lead Lillian out of the house in handcuffs. It was unbelievable.”

  “Did the police or the prosecutor ever contact you again?”

  “No, none of them did. The only person who contacted me was you.”

  “Your witness, Mr. Morris” I said. I hoped that Cassie would give shorter answers to Karl, but I didn’t hold out much hope. She was enjoying her role way too much.

  “Ms. Kahn, good afternoon. I’m Assistant State Attorney Karl Morris. I’m going to ask you a few questions on behalf of the State.”

  “I know how it works, Mr. Morris. My husband’s a lawyer and I watch all the Law and Order shows on TV.”

  “Ms. Kahn, you said these photos look like the woman you saw. Are you sure it’s the same person?”

  “What makes me think it is, is the hair. I’m always observant of hair. I used to be a stylist years ago, before I met my husband, and that’s really a great color job.”

  “But you can’t be one hundred percent sure?”

  “Well, if it’s not the same person, there’s some colorist who is getting that distinct color, and I sure would like to make an appointment with her.” The audience laughed, and Cassie smiled at the judge, who smiled back before he went back to concentrating on her neckline.

  “You don’t know who this woman is, do you?”

  “No, I don’t know her.”

  “You’ve lived next door to the Yarmouths for a long time. Did you ever see them argue or fight?”

  “No, everyone knew they were a great couple. They traveled a lot together and played golf and went out on their boat. They always seemed to be having fun. Gary was a fun guy, always telling jokes, and Lillian hung on everything he said. They always looked like an ad in a magazine, so attractive.”

  “Okay, nothing further, Judge.”

  “No redirect, Judge. I smiled at Cassie as she left the courtroom.

  “The defense calls Jonathan Katz,” I said, motioning to Catherine. She hurried out the door with the bailiff, who was feeling cheated out of his job of ushering in the witnesses. They both returned a minute later on either side of Jonathan. The clerk swore him in and he took his seat in the witness chair.

  “Will you state your name and occupation, please?”

  “Yes, I am Jonathan Katz. I am a board-certified attorney in the field of estate planning and probate law.”

  “Are you and I related?”

  “Yes, I am your sister. I mean you are my sister. I am your brother. Excuse me Judge. I’m not used to being a witness. I usually ask all the questions,” he said. Laughter rippled from the audience.

  “Are you acquainted with the Yarmouth family?”

  “Yes, I was Gary Yarmouth’s attorney, and through him, I met the other members of his family over the last several years.”

  “Are you the attorney responsible for drawing Gary Yarmouth’s will?”

  “Yes, that’s correct.”

  “After Gary’s death, did anything unusual happen regarding that will?”

  “Shortly after his death, a young woman came to my office, unannounced and without an appointment.”

  I retrieved the photos of Maddie from the evidence table and showed them to Jonathan. “Do you recognize the woman in these photos?”

  “Yes, that’s the woman who came charging into my office. Her name is Maddie Rodriguez.”

  “Your Honor, I respectfully request that your prior ruling regarding hearsay be in effect during the testimony of this witness. Ms. Rodriguez has absented herself from this court proceeding and is still unavailable,” I said.

  “Any news of your missing witness?” the judge asked Karl, who shook his head ‘no.’ “Yes, my ruling still stands, Ms. Katz. Proceed, please.”

  “Now, Mr. Katz, had you had any prior contact with this woman before she came to your office?”

  “She phoned my office a day before she came there in person. She asked if I was the lawyer who had Gary’s will. I told her I was. She told me her name and stated that she was a beneficiary. I told her that was incorrect. She became irate and called me a liar. I suggested that if she had some proof that she was mentioned in Gary’s will, she should produce it, and I further told her she should hire an attorney to represent her.”

  “When was the next time you heard from Ms. Rodriguz.”

  “That was when she appeared in my office. I was in a client conference, but I could hear her shouting at my secretary. She was demanding to see me. I escorted her into a conference room. She began shouting obscenities at me and demanded to see Gary’s will. I told her it would be made public in a few weeks and she would see for herself that there was no mention of her. She must have believed he was going to provide for her, because she just wouldn’t quit screaming at me. I finally threatened to call the police if she didn’t leave. She said I was going to be sorry.”

  “Did you take that as a threat?”

  “Oh, yes. I had a meeting with our security officers in the building and told them not to let her into my offices
again. Her temper was out of control.”

  “When was the last time you had worked on Gary’s will?”

  “In December he revised his will for tax purposes, putting their home and other real estate in Lillian’s name instead of their joint names. He said he wanted to be sure that Lillian and his family were protected. He placed some of his investments in the trust he had created for his children.”

  “Thank you. Your witness, Mr. Morris.”

  Karl moved to the lectern with the yellow pad he had been writing on. “Mr. Katz, it’s a fact that Maddie Rodriguez did not benefit from Mr. Yarmouth’s death, correct?”

  “Yes, but it’s clear she didn’t know that.”

  “Just yes or no will do, sir,” Karl said.

  “Objection, Judge. The witness is allowed to explain his answer,” I said.

  “Objection is sustained. The witness’s explanation remains in the record.”

  “Lillian Yarmouth benefited greatly when her spouse died, didn’t she?” Karl was becoming snide.

  “Not really. She and her husband owned the real estate jointly, so she would have had all of it anyway when he died. It just lessened the inheritance tax consequences for future generations.”

  “Well, didn’t she get everything when he died? Insurance, investments?”

  “No, the insurance and investments went to the children. Lillian owned the controlling interest in the stock in Elite Wines, and she had a good deal of money of her own left to her by her father.”

  “May I have a moment, Your Honor, while I confer with co-counsel?” Karl asked.

  The judge nodded and Karl and his underlings whispered for a few minutes.

  Karl returned to the lectern. “You love your sister, don’t you, Mr. Katz?”

  “Sometimes.” The audience chuckled and the judge laughed out loud.

  “You were instrumental in getting the defendant to hire her, weren’t you?”

  “I made the introduction, but the choice of a lawyer was up to Mrs. Yarmouth.”

  “Well, it didn’t hurt to have your recommendation, did it?”

  “No, it didn’t.”

  “And you’d like to see her win this big case wouldn’t you?”

  “Listen, Mr. Morris, I’ve been practicing law in this county for eighteen years. I am an officer of the court, and I think you are insinuating that I would lie to help my sister. Neither she nor I would permit such a thing.” Jonathan’s scowl turned his placid face into a thunderstorm. He almost never lost his temper, but when he did, everyone with a brain got out of his way.

  “I’m done, Judge.” Karl sat down.

  “Redirect, Ms. Katz?” the judge asked.

  “Yes, Your Honor. Mr. Katz, I didn’t go over your résumé when you took the stand, but I need to ask you about your background. Did you graduate from law school with any honors?”

  I graduated from the University of Miami School of Law, magna cum laude, and I received a special award for rewriting and helping enact a new honor code that is still in use today.”

  “Have you received any awards during the time you’ve practiced law other than passing your board certification?”

  “Yes, I received the Supreme Court annual pro bono award for representing, at no cost, all of the occupants of the Baptist Home for the disabled and aged. Most of them had no opportunity to have wills leaving their personal effects to loved ones. My office drew wills for over forty of the elderly. I also received an award from Lambda Legal Defense for representing several young men dying of AIDS. I assisted them in readying their estates and made sure that their partners received the bequests that were legally left to them. This was also with no fees charged. There have been others. Do you want me to continue?’

  “No, I think this clearly shows your reputation as an attorney,” I said, as I moved back to the defense table. Jonathan left the witness chair, and I saw him sit down in the back of the courtroom with Carlos.

  “The defense calls Bob Rose of the Rose Investigation Service,” I said. Catherine and the bailiff paraded up the aisle and out the door again. In a few minutes they reappeared with Bob Rose. Rose looked like his name; a round placid face, sunburned to a florid color. Beneath the quiet manner were thorns just waiting to fend off anyone who challenged him. I almost licked my lips. He was the perfect witness to illustrate the lack of investigation of this case.

  Rose gave a loud “I do” to his witness oath and took his seat. He opened his briefcase and removed his report, adjusted his glasses, and nodded his readiness to proceed.

  “Please tell the court your name and occupation,” I began.

  “I am Robert Rose. I own and operate the Rose Investigation Service, which has been in business since nineteen eighty-one.”

  “Were you ever consulted in your capacity as a private investigator by Gary Yarmouth?”

  “Yes, that’s correct.”

  “When did you first meet with him?”

  “It was December twenty-third. He came to my office and retained me to investigate the background of a woman employed at the Omni Hotel named Maddie Rodriguez. He also wanted us to give him a report on her activities. He believed she was stalking him.”

  “Objection.” Charlene Montavo, third in command for the state was on her feet, shouting. “This is all hearsay, Judge.”

  “This clearly falls under the exception of unavailability. You can’t be more unavailable than when you are dead,” I said.

  Karl tugged on Charlene’s jacket, pulling her back to her chair.

  “Objection overruled,” Judge Arnold said. He was sitting forward in his chair, his pen poised over his notepad. He was definitely interested in this witness.

  I retrieved the photos of Maddie again and showed them to Bob Rose. “Do you recognize the woman in these photos?”

  “Yes, that is the woman that we began investigating on December twenty-seventh and continued to check on her activities until February second or third of this year.”

  “I am showing the State a copy of your report dated this February. Did you author this report yourself, sir?”

  “Yes, I wrote the report and turned it over to Gary Yarmouth.”

  “Was this report made in the ordinary course of your business, and has it been in your possession since it was written?”

  “Yes to both questions. I always maintain the original report and send a copy to the client for whom the report was made.”

  The prosecutors were engrossed in reading the report. Karl Morris looked pale. He would have looked worse if he had realized that the big boss, Jason, was watching at the back of the courtroom. “No objection at this time, Judge,” Karl said.

  “Now, Mr. Rose, tell us what you learned from your surveillance of Ms. Rodriguez,” I continued my questioning.

  “We followed her in her automobile on the evenings of December thirtieth and thirty-first to the Yarmouth residence. She parked across the street. We observed her watching the house with binoculars. She also made calls on a cell phone. On the thirty-first she followed the Yarmouth automobile, a Lexus SUV, to a yacht club. She tried to enter the parking area of the club, but was turned away by security.”

  “Did you note what kind of car she drove?”

  “Oh, yes, she drove the same car on all the occasions that we surveilled her. It was a 380 BMW, color red, Florida tag H 38 DC. We observed her on ten other occasions outside of the Yarmouth residence during January and February. On January thirtieth she went up to the residence and placed something in the mailbox at one thirty p.m. On February second, we observed her entering a condo building in Miami Beach at fifty-eight-oh-one Collins Avenue. The Yar-mouths own a condo in that building. She entered the building around eleven a. m. and returned to her car at twelve forty-five. There was no doubt that she was stalking Gary Yarmouth and his family.”

  “You stated that you were also requested to investigate the background of Maddie Rodriguez. Did you author a report on her background?”

  “Yes, we performe
d a thorough background check, and interviewed various witnesses, and checked documents where indicated.”

  “Tell the court what information you uncovered.”

  “We verified that she was a graduate of Florida International University. We verified her employment with the Omni Hotel Corporation. We also verified that she had been married briefly to a Joaquin Serrano in 1997 while they were both students. They were divorced that same year. We were unable to find Mr. Serrano. He had not been seen or heard from by anyone since their divorce.

  “We learned that Maddie had resided with Bertram Olensky, manager of the Omni hotel in Ft. Lauderdale. This was in 1999. Mr. Olensky was sixty years old at the time and had just divorced his wife. Mr. Olensky disappeared in 2001. He had tendered his resignation to the hotel by letter and with no notice. We interviewed his ex-wife. She had not heard from him since 2001, and had been searching for him as he owed her a great deal of alimony.

  “In 2003, Maddie had an affair with Morris Meier, a vice president of Ross Food Distributors. We located Mr. Meier who was now living in another county in Florida with his wife. He stated that he had terminated the affair after a few months, and was apprehensive about Maddie finding him. We noted that he described her as unstable. She had informed his wife of the affair and both had observed her uncontrolled temper.”

  “Did you meet with Mr. Yarmouth at any other time?”

  “I met with him again in my office on February third, and went over some of the points in my report that I sent to him a day later. I suggested he call the police and get a restraining order against her and seek stalking charges against her. He said he couldn’t do this without causing a scandal, that he loved his wife and wouldn’t want to end his marriage, and that he would have to cut his losses somehow. He said he would pay Maddie off, if necessary.”

  “Thank you, Mr. Rose. I have no further questions,” I said as I took my seat. I looked over at Lillian, who was crying. Catherine handed her more tissues. Sherry was leaning over the railing, patting Lillian’s shoulder. She was crying, too, but Brett sat stone-faced, staring straight ahead. I was glad that I had decided not to call him as a witness. He would be dealing with his anger for a long time.