[Damien Harrington 01.0] The Alibi

by Rachel Sinclair

  “Well, you said two things. One, the charges were trumped up, and then you said that you had to take the fall for the real criminals. So, were you in prison because the charges were trumped up or because you had to take the fall? Those are two different scenarios.”

  “Well, I was in the joint five years ago because I got caught burglarizing a restaurant, but I knew the guy, and I wasn’t burglarizing nothing. I was there lawfully, and the guy actually gave me some artwork and lamps from the place, and then he called the cops on me. I didn’t even get the chance to sell that stuff. I think I was set up with that one. Anyhow, I only served three months and I was out.”

  “Three months in jail or in prison?”

  “Prison. The big house.”

  “So you went down for a felony and not a misdemeanor, right?”

  “Right.”

  “And you were also in prison just two years ago, right?”

  “Right. Again, I was only in for a few months, though, so it was no biggie.”

  “No biggie. Why were you in prison two years ago?”

  “I was nailed for drug dealing, but I wasn’t dealing. I got some drugs from some guy that I didn’t really know, and I sold some to friends. I guess they weren’t my friends after all, because I went to prison, even though the cops really wanted the guy who sold me the drugs in the first place. So, that was why I feel that I was taking the fall for a bigger fish.”

  “And now you are-“

  “I’m the proud owner of a restaurant downtown, man. Right in the middle of Power and Light – Enzo’s.” He smiled at the jury. “You all are invited to come on down and dine on some real Italian food, man. I got a little old Italian grandmother from the old country cooking for me.” He put his fingers to his mouth and kissed them. “You won’t get none better.”

  The jury laughed and Enzo laughed along with them.

  I suddenly knew why this guy was able to charm those beautiful women and convince them to go home with him. That was one thing that I was confused about, but, when he started talking, I stopped wondering. Women ate men like Enzo up.

  “So, do you have any background in the restaurant business?”

  “What, you mean, before I opened my restaurant?”

  “Yeah, before you opened your restaurant.”

  “No, man. I mean, I’ve always been a mean cook. I’ve always made red sauce and meatballs that make women-“ He smiled. “Well, you know, they tell me my food is better than sex, and I’ll leave it at that.”

  The jury laughed again.

  “So, you got out of prison, most recently in the past two years, and you haven’t been in the restaurant business prior, yet you got a sweet spot downtown. Is that what you’re telling the court?”

  “That’s what I’m saying.”

  “Mr. Degrazio, are you involved with the Italian mafia?”

  He stared at me, unsmiling. “No. But your buddy Joey Caruso is, and he has it in for your buddy Nick, so you better watch your back.” He raised an eyebrow and crossed his arms in front of him.

  I didn’t move to strike that as unresponsive. He was brushing me back, and I took the warning.

  I turned my back to him and collected myself. I was burning close to the line, and I didn’t want to go over it. “Mr. Degrazio, I notice that you have a black eye. Do you mind telling the court how you got that shiner?”

  “That’s none of your business and I don’t have to answer that question.” He looked pointedly at Ally, who stood up.

  “Objection, relevance,” she said.

  “Counselor, what is the relevance of asking this witness about why he got that black eye?”

  “I’m simply trying to establish his character,” I said. “If he’s some kind of a street brawler, then that goes to his overall character. Since he’s the prosecutor’s star witness against my client, I feel that I have a right to delve into as much of his background and character as possible.”

  Judge Reiner nodded his head. “I’ll allow it. Mr. Degrazio, please answer the question.”

  I smiled. I had the feeling that the judge was just as curious about the black eye as I was.

  Enzo’s friendly banter and demeanor was gone. In its place was the other Enzo. I could see it in his eyes and his body language. His eyes were narrowed and burning hatred. His body was suddenly closed – his arms were crossed and he was sitting up in his chair. His prior stance in his chair was leaning back, his right arm on the ledge above the table, his right foot crossed over his left knee. His stance now was completely different.

  It was as if somebody had flipped a switch and he had turned into somebody else right before my eyes. “I got it from a chick,” he said. “She got pissed at me and she hauled off and hit me.”

  I closed my eyes, suddenly realizing something. It was always at the back of my mind, but this shiner, and his story about a woman doing that to him, brought it to the fore – Enzo was still a sex offender. He was still out in the world, raping women. That was the consequences of the course that I took in this case, when I decided to take Gina’s advice and not pin the murder of Vittorio on the actual perpetrator, Enzo – a sex offender was still loose on the streets, and he would be for the time being. There was little that I could do about it right at the moment, though. I had to get through this trial. Maybe after everything was said and done, I could find some way to make sure that Enzo ended up where he belonged – behind bars. Hopefully for the rest of his life.

  I paced back and forth. “Now, you testified that Gina told you that she killed your brother, is that correct?”

  “Yeah, that’s what I said. She told me that.”

  “And she told you that she killed Vittorio because she wanted to collect the bounty that Francesco Veraldi had placed on Vittorio’s head, is that right?”

  “Yeah, that’s right.”

  “But she never actually collected that money, did she?”

  “I don’t know, man. I only know that she wanted to collect it. That’s all I know.”

  “So, she never actually told you that she collected that money, did she?”

  “I don’t know, man. I don’t know.”

  “You didn’t ask Francesco Veraldi if he paid up, did you?”

  “No,” he said, shrugging, and I suddenly knew that Francesco did pay up. He paid Enzo. I could tell it in his eyes.

  “Are you and Gina close?”

  “No, we’re not.”

  “You’re not. Yet, she told you some pretty intimate things, didn’t she?”

  “What do you mean by that?”

  “She told you that she killed your brother. That’s a pretty private matter, isn’t it?”

  “Yeah, it is.”

  “Why would she tell you about it?”

  “I don’t know, man, you’ll have to ask her that question.”

  “I will. I just want to make it clear what you’re asking the court to believe. You’re asking this court to believe that a woman who isn’t close to you admitted that she killed your brother for money. She told you this, yet she didn’t disclose to you whether or not she actually collected that money. Is that what you’re trying to say?”

  “Yes, that’s what I’m trying to say.”

  “And you didn’t actually see her kill Vittorio, did you?”

  “No, I didn’t.”

  “Mr. Degrazio, were you aware that Vittorio and Gina had physical fights?”

  “Yeah, I told that other lawyer that. I told her that Gina beat up Vittorio pretty bad.”

  “Did you visit him in the hospital when Gina beat him up with a baseball bat?”

  “Sure, I did.”

  “Would it surprise you to know that the autopsy of Vittorio did not show that he had any previously broken bones?” I knew that to be true, and I was going to re-call the ME to testify to this.

  “Yeah, that would surprise me.” The cocky Enzo was back. “Look, man, I don’t know for sure that Vittorio had broken bones and knees and shit like that. He just told me that.
He might have been exaggerating.”

  “Exaggerating.” I nodded my head. “What a great euphemism. You aren’t exaggerating right now, you’re lying, aren’t you? Vittorio never had any broken bones, because Gina never attacked him with a baseball bat, did she?”

  “I said I don’t know.”

  “Oh, now you don’t know. You sure seemed to know before, didn’t you? You never said on the stand that you didn’t really know if Vittorio was beat up by Gina, you said that he definitely was, didn’t you?”

  “Yeah, I said that.”

  “And you testified on direct that Gina told you that he was going to kill your own brother, and that she was going to kill him for money. Isn’t that right?”

  “Yes, that was what I said on the stand earlier.”

  “So, Gina is telling you that she wanted to kill your brother, and you just said ‘oh good?’ I mean, you didn’t try to stop her or try to talk her out of it or, God forbid, you never thought to go the police about it?”

  “No, man, I didn’t.”

  “And why not?”

  “Because I didn’t believe that she would actually do it, man. I didn’t think that she had the guts to go through with it.”

  “Did you inquire with Francesco about the bounty on your brother’s head?”

  “Did I ask Francesco about that?”

  “Yes.”

  “No way, man. I’m not trying to get in the middle of that mess, man. I’m a clean restaurant owner. I don’t need no mobster getting up in my business. I figured it was better just to leave it alone.”

  “Just leave it alone. Your brother’s life is in danger, and you just chose to leave it alone. Gina Degrazio was telling you that she wanted to kill your brother for money, and you just chose to leave it alone. Is that what you’re saying?”

  “That’s what I’m saying.”

  I nodded my head. I had broken him down, and showed how many times he had lied, and I knew that my work was done. The man had no credibility. I was able to show that, and I felt satisfied. “I have nothing further for this witness.”

  “Counselor,” Judge Reiner said, addressing Ally, “any redirect?”

  “No, your honor.”

  “The witness is excused. Ms. Hughes, please call your next witness.”

  “The state calls Gianni Ricci,” Ally said.

  Gianni Ricci was apparently the mobster who Ally was calling to establish that Francesco Veraldi had put a price on Vittorio’s head. I knew what he was going to testify to, and that was that he was going to testify that Francesco Veraldi put the bounty on Vittorio’s head, and that Gina knew about the bounty, and apparently Gina was interested in it.

  I also knew how I was going to break him down – little by little, piece by piece, just like I brought down the lying sack of shit Enzo. I wasn’t intimidated by him any more than I was intimidated by Enzo.

  Gianni Ricci was short, about 5’4”, with jet-black hair that was slicked on his head. He was slight and muscular and looked like somebody who missed his calling as a light-weight prize fighter. He had the same cocky walk that Enzo had, and I had a feeling that he was going to be all attitude, just like Enzo.

  The bailiff swore him in, and Ally asked him to state his name for the record. He recited it, and Ally got down to business.

  “Mr. Ricci, can you please tell the court why you are here today?”

  “Yeah. I’m here to tell the court about the bounty my boss, Francesco Veraldi, put on the head of Vittorio Degrazio.”

  “Tell the court what you know about that.”

  “Well, the guy who died, Vittorio, he was working for another family, the Colombo family. And he was caught spying on my boss, Francesco Veraldi. He not only was spying, but he was selling secrets to the Colombos. That’s a very bad thing,” he said, shaking his head. “It cost Francesco a lot of money, a lot of men and a lot of turf. So, Francesco put a price on Vittorio’s head. He wanted him dead, and he didn’t really care who did it, as long as it was done.”

  “And Gina knew about this bounty on Vittorio’s head?”

  “Yeah, she knew.”

  “How do you know that she knew?”

  “She called me up and asked me about it.”

  “She did? And what did you tell her?”

  “I told her that she could collect if she killed Vittorio.”

  “And what did she tell you?”

  “She said that it was as good as done.”

  “I have nothing further.” Ally sat down.

  “Counselor,” Judge Reiner said to me. “Your witness.”

  I stood up and approached Gianni. “Mr. Ricci,” I said, “what kind of arrangement do you have with Ms. Hughes?”

  “What do you mean?”

  “I mean, what has Ms. Hughes offered you in exchange for your testimony?”

  “Nothing.”

  “Nothing. Really? So, you came in here to testify against a dangerous mobster, and you asked for nothing in return? No kind of protection or no offer to put you into the witness protection program? Nothing like that?”

  “I’m not testifying against a dangerous mobster. I’m testifying against your client, Gina Degrazio.”

  “Oh, really? You mean, you weren’t just telling the court that Francesco Veraldi put a bounty on Vittorio Degrazio’s head, a bounty that you testified my client accepted?”

  “Yes, I was.”

  “And you don’t think that your testimony is going to raise suspicions against Mr. Veraldi and put him behind bars for ordering this hit?”

  “No.”

  I cocked my head. “And why is that?”

  “The prosecutor’s office gave Francesco immunity on that.”

  What the hell? “Immunity on what?”

  “Immunity on the murder of Vittorio.”

  I nodded my head. It all became clear. Ally was going to get my client, and she was going to do anything in her power to do it. Even if that meant giving a mobster immunity. I had to wonder if she hated me that much, had that much personal animosity towards me that she was going to go above and beyond the call of duty to get my client. She apparently had Francesco Veraldi dead to rights for this murder, and she chose to bypass him, a powerful mobster, in favor of sealing Gina’s fate.

  “Okay. So, she gave Francesco immunity, so that you could feel free to testify against my client. Is that what you’re telling me?”

  “That’s what I’m telling you.”

  “I see.” I looked over at Ally, and saw that she conveniently was looking down at her notes. “So, you testified that Gina told Francesco that it ‘was as good as done’ when Francesco asked her if she would kill Vittorio for him. Correct?”

  “Yes.”

  “But Gina never actually received that money, did she?”

  “I don’t know the answer to that.”

  “Really? What is your role in the Veraldi organization?”

  “My role?”

  “Yes, your role.”

  “I’m his right-hand man.”

  “You are.” I nodded. “So, as Francesco’s right-hand man, did you ask him, directly, if he ever paid Gina?”

  “No, I never asked him.”

  “But you were the go-between on this gambit, weren’t you?”

  “What does that mean?”

  “I mean, you were the one who was speaking with Gina and relaying her messages to Francesco, right?”

  “I guess.”

  “May I remind you what you were saying on the stand earlier? You said that Gina called you and asked about the bounty, and you told her about it, and she said ‘consider it done.’”

  “Yeah, that’s what I said.”

  “Which makes you the go-between.”

  “I still don’t know what you mean.”

  I sighed. “Mr. Ricci, did Francesco Veraldi himself call Gina and talk to her about the bounty on Vittorio?”

  “No.”

  “In fact, you talked to Gina, and relayed the message to Mr. Veraldi, right?�
��

  “Right.”

  “Then you were the go-between.” This is like pulling goddamn teeth. I had to wonder if this guy was dumb, or just playing dumb. “Now, since you were the one who was dealing with Ms. Degrazio, why didn’t you follow up and find out if she actually got that money?”

  “I don’t know. I guess I just didn’t care. Listen, I got a lot to do. Lots of things on my plate. Lots of responsibility to the organization. I don’t always get down in weeds. I’m not a details guy. I’m more of a big-picture guy.”

  “Then would it come as a surprise to you to know that Ms. Degrazio never actually received a dime of that money?”

  “I guess.”

  “You guess. Why would that not be a surprise to you? Weren’t you the one who verified that she was going to do it?”

  He shrugged. “Listen, I didn’t get that involved. I talked to Gina only the one time, and she said ‘consider it done,’ and that was it. I moved onto the next project after that.”

  “You didn’t get that involved. So why are you testifying in court today? Why would you testify if you didn’t really have that much involvement, and you didn’t really know exactly what happened? Why would you come to court today if you didn’t know what the outcome was on this deal? What are you bringing to the table, here?”

  “Objection,” Ally said. “Badgering the witness.”

  “Sustained. Mr. Harrington, please ask one question at a time.”

  I nodded my head and took a deep breath. “Mr. Ricci, if you weren’t really that involved in this bounty deal, then why would you be here testifying in court about it?”

  He leaned back in his chair and said nothing.

  “Mr. Ricci, did you also get immunity from prosecution on this deal? After all, you were involved in it, no matter what you say, and you would be criminally liable for even helping to set this up. Were you provided with immunity in exchange for your testimony?”

  “Yes,” he said, and I heard the jury titter and groan. “I was.”

  “I have nothing further.”

  I looked over at Ally, who knew that she was going to have to try to do clean-up, but I doubted that she knew how. Ally didn’t have a ton of trial experience, so she didn’t yet know how to deal with situations where her witness was made into mince-meat.

  “Counselor, any re-direct?”