MD01 - Special Circumstances

by Sheldon Siegel

  In fact, he handles it pretty well. "Mr. Daley," he says, "it's a standard clause in every life insurance policy. Of course, I never thought about the suicide exclusion clause. I was much more concerned with the loss of Mr. Holmes. We'd certainly miss him and his contribution, but we're a large firm with many productive partners."

  So there.

  That didn't go very well. Now for some fun. "Mr. Pat-ton," I say, "you have an ongoing social relationship with Elizabeth Holmes, don't you?"

  "We're friends."

  "Would it be fair to say your relationship is more than just friends?"

  "Objection. Mr. Patton's social life is not at issue here."

  "On the contrary, Your Honor, his social life very much is at issue here."

  "Overruled."

  "Mr. Patton, would it be fair to say that you and Mrs. Holmes are now ‘an item?"

  "I don't know what you mean."

  "I think you do. You and Mrs. Holmes have a romantic relationship, don't you?"

  "That's not true. We're just good friends." He's starting to turn red.

  "Mr. Patton," I say in a measured tone, "I'm prepared to introduce evidence that you and Mrs. Holmes have spent more than a few nights together in the last few months. And I'm prepared to introduce pictures of you and Mrs. Holmes together on a beach in Mexico." He's very unhappy. "I'll ask you again, Mr. Patton. Do you and Mrs. Holmes have a romantic relationship?"

  "All right. We have a romantic relationship. What's the big deal? We used to be married."

  "And how long has this romantic relationship been going on?"

  He looks away from me. "For a couple of months."

  I was hoping he'd say a couple of years. I move closer to him. "Mr. Patton, are you aware that there was a five-million-dollar life insurance policy on Mr. Holmes's life?"

  "Yes."

  "And are you aware that the policy named Mrs. Holmes as the beneficiary?"

  "Yes."

  "And your former brother-in-law, Perry Guilford, is the firm's insurance agent, right?"

  "Yes."

  "And he was the insurance agent for Mr. Holmes, right?"

  "Yes."

  "Mr. Patton, isn't it true that your former brother-in-law told you that Mr. Holmes was going to change his life insurance policy after he and Mrs. Holmes separated? And isn't it true that your girlfriend, Mrs. Holmes, was going to be removed as a beneficiary of that policy?"

  "I haven't the slightest idea what you're talking about, Mr. Daley."

  Sure. I'm convinced. "You're friends with your partner, Charles Stern, right?"

  "Yes."

  "And are you aware that Mr. Holmes had asked Mr. Stern to draft an amendment of Mr. Holmes's will when his marriage was on the ropes?"

  He doesn't deny it. "Yes."

  "And you were aware that as soon as Mrs. Holmes filed for divorce, she was going to be written out of the will, right?"

  He takes off his glasses. "Once again, Mr. Daley, your jump in logic is nothing short of remarkable. I had no idea what the will said before Mr. Holmes died. It was none of my business. And if you're suggesting that I had some financial motivation to kill Mr. Holmes, you're crazy."

  "That is exactly what I'm suggesting, Mr. Patton. If Mr. Holmes committed suicide, the firm was going to lose twenty million dollars. And you will be forever known in the legal community as the managing partner who presided over the dissolution of what was once the largest and most profitable law firm on the West Coast."

  "Objection. Mr. Daley has started his closing argument a little early."

  "Sustained."

  "Mr. Patton, how much money will the firm get from the life insurance policy if they can pin this crime on Mr. Friedman?"

  "Objection. Argumentative."

  "Sustained."

  I rephrase the question.

  "Twenty million dollars."

  "And how much money was your girlfriend, Mrs. Holmes, supposed to get under the terms of the will that Bob Holmes was about to change just prior to his death?"

  "Objection."

  "Overruled."

  "Five million dollars."

  "And how much money was Mrs. Holmes supposed to get from the life insurance policy that he was about to change just prior to his death?"

  "Five million dollars."

  "So, Mr. Patton, isn't it fair to say that you had about thirty million reasons to hope Mr. Holmes died? Especially if it was a murder, and not a suicide?"

  "Objection. Argumentative."

  "Sustained."

  "Come on, Mr. Patton. You had all the incentive in the world. You had a chance to save the firm. You had a chance to help your girlfriend. You'd look like a hero. What more could you want?"

  "Your Honor," Skipper wails. "Move to strike."

  "Sustained."

  Patton is starting to foam. "Look, you little jerk," he blurts out, "I'm going to haul you into court and sue you for slander. These preposterous, unsubstantiated charges…"

  "Your Honor," I say calmly, "would you please instruct the witness that he is supposed to answer questions and not make speeches."

  She pounds her gavel and looks at him. "Mr. Patton," she says, "please."

  He manages to bluster, "Yes, Your Honor."

  "Mr. Patton," I say, without looking at him, "what was your relationship with Diana Kennedy?"

  "She was an associate at our firm," he says.

  "Was she a good lawyer?"

  "Yes. She got very good reviews."

  "And did she get good reviews in bed, Mr. Patton?"

  "Objection."

  "Sustained. Mr. Daley, please."

  "I'll rephrase. Mr. Patton, isn't it true that you thought Ms. Kennedy was very attractive?"

  "Everyone at the firm would probably agree that Ms. Kennedy was very attractive."

  "And isn't it a fact that you asked her out on several occasions?"

  "No. That would have been inappropriate."

  "Really, Mr. Patton? Your colleague Mr. Holmes apparently came out the other way on that particular moral dilemma."

  "I wasn't privy to Bob's private life."

  "But you were attracted to her, weren't you?"

  "She was a professional colleague. Nothing more."

  Sure. "Mr. Patton, isn't it true that you asked her to sleep with you at the firm retreat last year?"

  Skipper leaps up. "Your Honor, for God's sake," he cries.

  "Your Honor," I say, "it's a completely relevant question."

  "Overruled. The witness will answer."

  "No," Patton says. "I did no such thing."

  "Isn't it true she left your party because you wouldn't leave her alone?"

  "Absolutely not."

  "Isn't it true you followed her back to her room and attacked her?"

  "No."

  "Mr. Patton, isn't it true the firm has had to pay four multimillion-dollar settlements to female associates who have accused you of sexual harassment?"

  He glares at me. Then he looks helplessly at Skipper.

  "Isn't it true, Mr. Patton?"

  He mutters through clenched teeth, "The firm has set- tied various cases involving unsubstantiated charges. We decided we didn't want the publicity or the trial costs."

  Right. I glance at the phone company supervisor. I get right back into Patton's face. "Isn't it true that Ms. Kennedy made a claim against you for sexual harassment? And that you were negotiating a substantial settlement with her?"

  "No."

  "Isn't it true she threatened to go to the newspapers if the firm didn't agree to her demands?"

  "No."

  "Mr. Patton, if you don't start telling the truth, I'll call witnesses who will."

  He addresses the jury. "Mr. Daley's claims are entirely without merit."

  "Mr. Patton, isn't it true that you killed Diana Kennedy because she threatened to expose your pattern of sexual harassment to the media? And isn't it true you killed Bob Holmes because he threatened you with expulsion from the firm because of you
r escapades? And so that the firm and your girlfriend could collect the insurance money?"

  His response is concise, the tone incredulous. "No, Mr. Daley. That is not true."

  Patton eyes the jury. I look at Rosie. She closes her eyes.

  I look at the ceiling and exhale melodramatically. "No further questions."

  54

  I NEED HER TO CALMLY ASSASSINATE ALL OF THE PROSECUTION'S KEY WITNESSES

  "The defense is still battling uphill. Mr. Daley has done a decent job so far."

  —NEWSCENTER 4 LEGAL ANALYST MORTON GOLDBERG. TUESDAY, APRIL 14.

  "My name is Doris Charlotte Fontaine."

  "What was your relationship to Robert Holmes?" I ask.

  "I was his secretary."

  At ten-thirty the next morning, Doris is dressed in her finest schoolmarm attire: a navy blue dress, a small, decorative pin and a minimal amount of makeup. Her glasses hang from a small gold chain around her neck. I want her to project the very embodiment of the voice of reason. In the simplest terms, I need her to calmly assassinate all of the prosecution's key witnesses. And I want Skipper to look like an arrogant ass if he tries to interrupt her.

  "Ms. Fontaine," I begin, "could you please tell us how long you worked for Mr. Holmes?"

  She smiles politely. Nice touch, Doris. "Twenty-two years. From the day he started."

  "I see. You must have been very close."

  Skipper starts to stand, then stops. Good idea. It's too soon to be combative.

  "We were. We'd been through a lot together."

  "It's unusual to see such loyalty." I remind myself not to let things get too thick. "Ms. Fontaine," I continue, "could you please tell us where you were on the evening of December thirtieth?"

  "Of course. I was in the Simpson and Gates offices, assisting Mr. Holmes on a big closing."

  "How many people were working on the deal?"

  She bobs her head back and forth as if she's counting. "Probably about fifty," she decides.

  "When did you go home?"

  "Around eight o'clock. We were having a going-away party for Mr. Gates that evening." She looks at Skipper. "I stopped by for a few minutes. I live out in the avenues. I got home around nine."

  She's hitting the right notes. The jury seems to like her. "Ms. Fontaine," I continue, "could you please describe Mr. Holmes's mood that night?"

  "Objection," Skipper says. "State of mind."

  "Your Honor," I say, "I'm not asking for a medical determination. I'm asking her to describe her observation of his mood, based upon her many years of experience working with him."

  Judge Chen gives Doris a small smile. "Overruled."

  Doris says Bob appeared extremely upset that night. The deal wasn't going well. "We weren't sure Mr. Russo would authorize us to proceed with the closing," she says. "He was worried about his bonus. Wouldn't you be upset?" she asks rhetorically. Skipper could object to her asking a question, but wisely chooses not to.

  "Ms. Fontaine," I continue, "is there any other reason why Mr. Holmes may have been upset?"

  "Yes. Mrs. Holmes served him with divorce papers." She says he was surprised and repeats that he was very upset.

  "Do you know what caused the breakup of their marriage?"

  "Mr. Holmes was seeing another woman. She threw him out."

  "Do you know who that other woman was?"

  "It was Diana Kennedy."

  "You've testified Mr. Holmes was surprised and distraught when the papers were served. Shouldn't he have expected it? He was seeing another woman and his wife threw him out. Why would he have been surprised when Mrs. Holmes served him with divorce papers?"

  "He tried to reconcile with his wife because Ms. Kennedy had told him she didn't want to see him anymore."

  "Ms. Kennedy broke off their relationship?"

  "Yes. Emphatically, I might add." She's doing better than she did in our rehearsals.

  "So," I say, "after Ms. Kennedy dumped him, he tried to reconcile with his wife?"

  "Yes. It didn't work out. In late December, Mrs. Holmes's investigator caught him with another woman."

  "Was it Ms. Kennedy?"

  "No. It was a different woman. That's when she decided to file the divorce papers."

  A half hour later, we are still discussing Bob's love life. "Ms. Fontaine," I say, "are you sure Mr. Holmes and Ms. Kennedy were no longer seeing each other on December thirtieth?"

  "Yes, Mr. Daley. I was always aware of the women in his life. From time to time, Mr. Holmesaskedmeto cover forhim."

  "You mean he asked you to make up stories so Mrs. Holmes didn't find out about his affairs?"

  "Yes," she replies quietly.

  "Can you identify the woman he was seeing in late December?"

  "He never mentioned her name. He said he'd tell me when the time was right."

  "Could it have been Diana Kennedy?"

  "No."

  I pause. "Was it Dr. Kathy Chandler?"

  "I don't know."

  "Let's switch gears," I say. "Were you aware that Joel Friedman and Diana Kennedy had been romantically involved at some point in the fall of last year?"

  "No, I wasn't."

  "It's been suggested Mr. Friedman and Ms. Kennedy were still involved in late December. Do you have any knowledge of that?"

  "No."

  "It's also been suggested that Ms. Kennedy informed Mr. Friedman on December thirtieth that she was seeing Bob Holmes. Do you have any knowledge of that?"

  "No, sir, I don't."

  "Well, Ms. Fontaine, would it surprise you to find out several witnesses in this courtroom have suggested Mr. Friedman killed Mr. Holmes because Ms. Kennedy dumped Mr. Friedman in favor of Mr. Holmes, and he was jealous?"

  "Objection. Speculative."

  "Overruled."

  Doris tugs at her hair. "Yes, Mr. Daley, that would surprise me. Ms. Kennedy's relationship with Mr. Holmes was over. There was nothing for Joel to be jealous about. How many times do I have to say it? Diana broke up with Bob in the beginning of December."

  "Thank you, Ms. Fontaine."

  "Ms. Fontaine," I say a little later, "let's talk a little bit about Vince Russo's deal."

  She explains that Russo wasn't happy about selling his father's business. "There was great doubt as to whether it would close," she says. "Ultimately, it didn't and Mr. Russo disappeared."

  "Was Mr. Russo distraught on the evening of December thirtieth?"

  "Objection. State of mind."

  "Sustained."

  "I'll try it another way," I say. "How long have you known Mr. Russo?"

  "About ten years."

  "Did he spend a lot of time at the S and G offices?"

  "Yes. He was in the office at least twice a week."

  "Based upon your knowledge as an acquaintance of Mr. Russo for about ten years, did it appear to you that Mr. Russo was distraught on the evening of December thirtieth?"

  Skipper starts to stand, but McNulty stops him.

  "Yes," Doris says, "he appeared very unhappy about selling his company."

  "I see. And could you please describe Mr. Russo's behavior that night?"

  "Erratic. At one point while I was standing outside the main conference room, Mr. Russo stormed out the door while he was screaming at Mr. Holmes. He was angry because he had been told that the purchase price for his company was going to be reduced by forty million dollars."

  No reaction from the jury. "Is it fair to say Mr. Russo was extremely upset that night?"

  "Yes."

  Rosie nods. Time to move on. Judge Chen interrupts me to ask how much longer I'll be questioning Doris. I say a couple more hours. She decides to adjourn for lunch.

  Rosie, Doris, Joel and I eat sandwiches in the consultation room. "So far, so good," Rosie says. "You've created a plausible argument for suicide. You've cast doubt on the jealous-rage theory. And you've established motive for Russo." She turns to Doris. "You're doing great."

  Doris shrugs. "Let's see how it goes. It's easy wi
th Mike asking the questions."

  She's right. "We've got about another hour, Doris. I need you to slay one more dragon for me this afternoon. Just follow my lead and keep the answers short. Just the way we talked about it."

  "You got it."

  "Did you hear anything from Pete?" Rosie asks.

  "I talked to Rolanda. He called and said the banker won't reveal the names of the income beneficiaries or the remaindermen of the International Charitable Trust. Wendy is looking for a judge."

  Joel changes the subject. "When do I get to testify?" he asks.

  "We'll talk about it later. If everything goes well today, we won't need you."

  "But I want to."

  "We'll talk about it later," I say again.

  We begin the afternoon session at one o'clock. "Ms. Fontaine," I say, "are you acquainted with a man named Arthur Patton?"

  "Yes. He is the managing partner of Simpson and Gates. I've known him for many years."

  "Are you familiar with an incident involving Mr. Patton and Ms. Kennedy at the Silverado Country Club in October of last year?"

  "Yes I am."

  "How did you become aware of this incident?"

  "The firm conducted an internal investigation."

  "How did you become aware of the internal investigation?"

  "My boss, Mr. Holmes, was in charge of the investigation. He told me about it. Mr. Friedman was interviewed in the course of the investigation. He told me about it, too."

  "I see. And why didn't you come forward with this information when the police first questioned you?"

  "They didn't ask me. And I didn't think it was relevant. It was a confidential, internal investigation. The matter was closed."

  "Can you tell us about the nature of the investigation?"

  Skipper stands. "Your Honor, I must object. Any testimony that Ms. Fontaine is about to give on this investigation is inadmissible hearsay." It's a legitimate objection. I glance at the jury. The phone company supervisor seems perturbed.

  "Your Honor," I say, "rather than argue the merits of this objection, we would like to handle this issue in a different manner. We would like to introduce into evidence a memorandum prepared by Mr. Holmes which was dated December fifteenth of last year and was addressed to the Simpson and Gates executive committee." Rosie hands copies of a memo to Skipper and to the judge. "This memorandum sets forth the official findings of a special investigative committee appointed by the Simpson and Gates executive committee with respect to the so-called Silverado Incident."