“There’s a difference between genetics and ‘genetic destiny,’ which suggests some biological hand of fate that we’re powerless to fight. It isn’t Huntington’s Disease, or some biological aliment that can be traced to a single gene. Doctors can perform a test to see if someone has the specific mutation that might increase the likelihood that they will develop Huntington’s. There is no isolated, deterministic gene that will make someone become a murderer.”
“I believe the theory is that the murder gene makes someone more likely to commit a violent crime. A combination of anger, rage, lack of impulse control—”
“That’s a lot of baloney. Almost anyone could be capable of murder, given the right circumstances. Desperate people are pushed to desperate actions.”
“Remind me, are you a licensed psychologist?”
He exhaled heavily. “You know I’m not.”
“A medical doctor?”
“No.”
“So these opinions you’re spouting are just your...pseudo-scientific baloney?”
“No, it’s me trying to prevent you from misleading the jury. Just as your client was trying to mislead people at the press conference. And trashing my rep in the process.”
“You’ve acknowledged that various factors can make someone more likely to commit murder. Like perhaps psychopathy. Lack of empathy. Neuroticism. Do you think those factors could be inherited?”
“I don’t know. Perhaps.”
“And some genetically inheritable genes”—She glanced at her notes—“such as monoamine oxidase A, sometimes called MAO-A, can mutate and cause Brunner syndrome, which has been linked to a wide variety of psychiatric disorders, including extreme antisocial behavior, correct?”
“I’ve read about that.”
“So could those be called murder genes?”
“Your client implied that I’ve inherited something from my father—who was completely innocent—that led to me being charged with a murder—of which I was completely innocent.”
“According to you. The jury in your father’s case felt differently.” She flipped another page in her outline. “You have made statements suggesting that Dr. Sweeney is involved in a South American cartel.”
“I have seen his fingerprints all over the sex-trafficking ring I helped bust. I believe there are ties between Sweeney and the organ-smuggling ring I also helped bust. The assassination of the man called The Captain took place right above us in this very courthouse.”
Caldwell gave him a patronizing look. “Then why haven’t the police pressed charges against Dr. Sweeney?”
“I’m still gathering evidence.”
“Which is a lawyerly way of saying you can’t prove it, right?”
“Not at this time.” He turned his head toward Sweeney. “But the time will come. Just wait and see.”
“Is that some kind of threat?”
“More like a guarantee.” He could see Maria signaling him to be quiet, but he couldn’t stop himself. “Justice will prevail. I will make sure of it.”
“You have a personal vendetta against my client, don’t you?”
“I wouldn’t put it that way.”
“In your own juvenile way, you blame him for your father’s arrest and murder.”
“I know he was involved. I know he put Ellison up to his false testimony.”
“But you can’t prove it.”
He bit down on his lower lip. “Not yet. But soon.”
“More threats. I know you see yourself as Zorro, a crusader for justice, but you know what I see? A little boy who was torn apart when he lost his father. As a coping mechanism, he created a scapegoat. My client. You set up this confrontation at the shelter to create a vengeance lawsuit. But you know what, Mr. Pike? Your father is dead. I’m sorry to be blunt, but he’s dead and there’s nothing you can do to help him now. When you attack my client, one of the leading citizens of this city, you not only do not help your father, you dishonor his memory.”
“Objection,” Maria said, but Caldwell kept on rolling.
“Here are the sad blunt facts. Your father was a murderer. He passed some of his violent, law-flouting tendencies to you. And no matter how many problems you cause for Dr. Sweeney, your father will remain dead. Another jury just like this one found him guilty by unanimous verdict and quite properly convicted him. Nothing can change that.”
“Object—”
She pivoted toward the judge. “Your honor, I have no more questions. At this time, I would like to formally make a motion to dismiss the plaintiff’s claims. He has not proved his case. Not even close.”
Fathers, Sons & Sisters
Fathers, Sons & Sisters
Chapter 27
Dan tried to sit still on the sofa but found it impossible. He stood and paced, not that pacing made anything better. Normally he enjoyed team meetings, but he didn’t like anything about this one. For one thing, he should be leading the team meeting, but he wasn’t. Maria was the lead attorney because he was the client. Again.
For another thing, they had finished putting on their case and it sucked. It wasn’t Maria’s fault. He filed this suit to get people talking, to gather evidence, but it wasn’t working. Worse, they were losing the case. They had barely survived the motion to dismiss, probably only because Fernandez was a cautious judge and wanted to hear all the evidence before he reached any suit-ending conclusions.
According to Garrett, he might have a sister, or half-sister, he knew nothing about it. Who was caring for her? If Fisher got custody, what happened to her after he was shot? And why had no one ever mentioned this to him before? He didn’t want to be selfish, but he didn’t need another emotional trauma tearing him up. And he couldn’t stand the thought that she might be...in a bad situation.
And worst of all, he’d put his friends in danger. Someone shot at him and for all he knew they might be next. He was certain Sweeney had targeted everyone he knew.
Jake Kakazu came by to give them a status report, an unusual courtesy. More and more he realized he hadn’t given Kakazu the credit he deserved.
“We’re doing all the arm-twisting we can,” Kakazu explained, “trying to get this guy to talk.” He was referring to Miguel Mendez, the one remaining member of the organ-smuggling arrestees. “He’s got a good lawyer who wants to cut a deal. But Jazlyn has taken complete immunity off the table.”
“Good for her,” Garrett commented. “He needs to be off the streets. For a long time.”
“Agreed. But until he gets what he wants, he has no incentive to talk.”
“Sentence reduction?” Jimmy suggested. “White-collar criminal prison?”
“Believe me, we’ve tried it all. His lawyer is holding out of the Full Monty. Which I suppose is the right move for his client. But it isn’t helping us shut down the smuggling ring.” He glanced at Dan. “Or find their collaborators here on the mainland.”
“I appreciate your efforts,” Dan said. “If there’s anything I can do to assist...”
“You’ve already been an enormous help, and believe me, I won’t forget it. No one in my department will forget it.”
“Except one, perhaps. Any closer to finding out who your mole might be?”
“Unfortunately, no. It’s hard for me to believe someone on my force might work with these vile people. But I suppose money turns heads.”
“This might be completely unrelated...” Dan said. “But do you remember the silver flask in Camila’s case? The one that disappeared from the evidence locker?”
“And later turned up in your office?”
“Yeah. I’m sure you don’t believe this, but I didn’t put it there.”
“In fact, I do believe it.”
“You don’t think I’m crooked enough to hide evidence?”
Jake smiled. “I don’t think you’re stupid enough to put it in your own office.”
Even Jimmy chuckled.
“But actually,” Jake said, “why would you do that? You won the case in the courtroom, as you usually do, by p
aying attention to people and figuring out what really happened. You’re almost more like a detective than a lawyer. You don’t need to resort to stealing evidence. That wasn’t even the most important piece of evidence in the case. It makes no sense.”
“I appreciate that, Jake. My point was, if you could figure out who had access to that evidence locker...”
“I might find the mole?”
“I’m almost certain of it. Makes sense that Sweeney would have a confederate in the police department. He does everywhere else. And the same man who stole the flask is also probably feeding Sweeney info about your investigation into the cartel.”
Jake made a note on his phone. “I’ll check into it. We’re still moving heaven and earth to figure out who took potshots at you at the Pier. The Chief has made that investigation Priority One.”
“But...?”
“So far, nothing. We know where the sniper sat. There’s a gift shop near the entrance where we believe he fired. We found what looks like a rudimentary sniper’s nest. It’s the perfect location, and it would be easy to get in and out of without attracting much notice.”
“Spent shells?”
“Don’t I wish. This guy wasn’t that careless.”
Jimmy shook his head. “We’ll probably never learn who fired those shots.”
“But we already know who hired him,” Dan said. “What we need to learn is why. Why was it so important to silence Jaquith?”
“Or you,” Jake said quietly.
“If he had wanted me dead, I’d be dead. Possible he wanted us both dead and he didn’t have time to get to me before I ducked out of sight. But I think Jaquith was the first target.”
Jake made his way toward the door. “In any case, I wanted to assure you that we’re still working on it. And we’ll keep you informed. Are you taking safety precautions?”
“Like you wouldn’t believe,” Jimmy groused. “We have security everywhere. Someone dogs my steps every time I leave the office.”
“Good. Let me know if you see anything suspicious. And...” He hesitated. “Good luck in court.”
That surprised him. Was it possible Kakazu cared about the outcome? Was it possible the cops, who normally despised him, were actually rooting for his this time around? That they wanted Sweeney taken down just as much as he did?
Made him feel good to think so, anyway.
After Jake left, they returned to the case. “As I see it,” Maria said, “we have to accomplish two things. Obviously, we have to undermine Sweeney’s counterclaim. But we also have to take every possible opportunity to bolster our own case. Because frankly, so far, I don’t think we’ve convinced the jury we’re entitled to damages.”
“We’ll have a chance to call rebuttal witnesses,” he said, “after Sweeney finishes his case. We should be prepared to make the most of it.”
“Anyone in mind?”
“Not yet. I need to see what Sweeney’s lawyers have up their sleeves. I’ve gone over their witness and exhibit lists, but I still only have the vaguest glimmer of an idea what they plan to do.”
“Just got an email from Mr. K,” Garrett announced. “He can’t phone in to the meeting, but he wants us to know he’s following the case and supporting us one hundred percent. He’s glad we survived the motion to dismiss. He wants us to treat this as we would any case he assigned. Give it our full attention, he writes.”
“Best boss ever,” Jimmy commented.
“How does he follow the case?” Maria asked.
“How doesn’t he know anything?” Dan replied. “And yet, he always seems to know everything about everything.”
“True. And a little scary.”
“What do you see as Sweeney’s problem proving that he’s been slandered?”
“Much the same as yours, actually. Damages.”
He understood. Proving slander was hard enough. But to be entitled to any monetary award from a jury, you had to show that you had been injured financially. That’s why Caldwell had spent so much time inquiring about whether there had been any damage to Dan’s professional reputation. The jury could award punitive damages, too, to punish the offending party—but only if there were actual damages.
“Actually,” Garrett said, “I think Sweeney’s case is much stronger than yours.”
Dan’s eyebrow rose. “Excuse me?”
“I’m talking about damages. Your income stream is fine. Your only financial interruption occurred because you decided to take a sabbatical and investigate your father’s case. Sweeney, on the other hand, has suffered some serious financial loss.es I don’t know everything because he keeps a tight lid on his financials. And I don’t have access to IRS records.”
“What?” Jimmy said. “Our master hacker can’t get into the IRS databases?”
Garrett tucked in his chin. “I didn’t say I couldn’t. I said I don’t. It’s a federal crime.”
Dan smiled. “How much do you know?”
“I know Sweeney lost a bucketload on that bad deal with the Coleman heir. Like half a billion bucks in bad investment. I think he’s lost a lot of the illegal income—what he normally lauders through his tech companies—diminish. Maybe it’s just a temporary cessation, but I suspect the cartel will be looking for a different place to bring their goods in the future. With a different contact on the mainland.”
Maria jumped in. “Is there any evidence that Dan’s statement at the press conference impacted Sweeney’s income?”
“Not that I’m aware of. But I’m sure Caldwell and Drake have something up their sleeves. They’re too smart to let an essential element of the claim drop without trying to prop it up.”
“I don’t own enough to salvage Sweeney’s business,” Dan said.
“He would derive a great deal of pleasure out of driving you into bankruptcy.”
“I’d survive.”
“If his sniper reappears, you might not.”
That sobering comment put a damper on the meeting. Even persuaded Dan to finally sit down.
“The truth is,” Garrett continued, “this is an extremely dangerous case. I know you want the truth. I know you think the truth shall set you free.” He paused. “But it isn’t worth dying for.”
“I think it is.”
“Do the rest of us get to vote?”
He bit down hard. He had about reached his limit with Garrett’s constant criticism. But he also knew there was some truth to it. “Ok, change of topic. Garrett, have you learned anything about my...sister?”
Garrett pushed away from his laptop. “You’re not going to like this.”
“Skip the trigger warning and spill.”
“Since her last foster home, I think she’s lived on the streets. She committed a lot of petty crime. She was completely alone.” He drew in his breath. “And now I think she’s homeless.”
Dan felt his stomach drop. “That...can’t be right.”
“It certainly looks that way.”
Maria reached out and took his hand. “It’s okay, Dan. It’s not your fault.”
“That she’s out there alone? When she has a brother who could give her anything?”
Garrett commented. “She probably doesn’t even know you exist. She’s had a tough life. First taken from her adoptive parents by Fisher. Then abandoned after his death. Then...”
“Spit it out, Garrett.”
“You can imagine as well as I can. Drugs. Shoplifting. Juvy court. Maybe even...worse things.”
“If she’s out there,” Maria said, “we’ll find her. As soon as we finish this case, we’ll make it our top priority.”
“I’m making it my top priority now.” Dan pulled his hand away. “Garrett, do you have any more leads?”
“I know where the largest concentrations of homeless people are in the city. I can’t be sure she hasn’t left the city, of course. But it’s a good place to start. I thought I’d go out tonight—”
“I’ll go.”
“I’m not sure that’s such a good—”
“I’m doing it.”
Maria jumped in. “I’m not saying you shouldn’t do this, Dan, but I am saying that right now, you should be focused on the trial.”
“The trial will be over by five.”
He didn’t need special skills to read her face. She wasn’t pleased about this. But she knew the futility of arguing with him.
The room fell silent. After several seconds, Dan spoke.
“About my sister, Garrett. Did she have a name?”
He nodded. “The name on her birth certificate is Dinah.”
“Of course.” His eyes drifted down. “Like the cat in Alice’s Adventures in Wonderland, my mother’s favorite book.” He drew in his breath. “That’s the name she would give her daughter. And she would expect me to protect my sister to the best of my ability. She would count on me to look after her. No matter what.”
Chapter 28
Dan entered the courtroom, still distracted and distraught. Just as well he wasn’t lead counsel. He probably wouldn’t be in top form. Let Maria deal with motions and objections and cross-examinations. His brain was still obsessing over Sweeney and cartels and snipers.
And Dinah.
And soon as he and Maria passed through the courtroom doors, Drake headed their way. He stopped them mid-aisle.
“Ok,” Drake said to Maria, “I’ve got a deal for you. I assume that since your client is a lawyer, it’s okay if I discuss this in his presence.”
“Of course,” Maria answered.
“And by the way, Maria, I love that outfit. G&B?”
“Versace. I thought the jury might appreciate it if I improved the view a bit. What’s the offer, anyway?”
Drake wore an aftershave so strong Dan wanted to pinch his nose shut. “Just to be clear, this is a one-time offer. You take it now or never. Five-minute window. After that, it’s gone.”
“Offer rejected,” Dan said.
Drake blinked. “Wait—don’t you want to hear it first?”
“Nah. Anything offered that obnoxiously I’m going to turn down just for the hell of it.”
Maria laid her hand on Dan’s arm. “I believe we have an ethical obligation to listen to offers and make a good-faith effort to settle the case if possible. Remember—civil court. Not criminal.”
Judge and Jury Page 19