Judge and Jury Page 10

  And what would they be willing to do to maintain the secret?

  He didn’t have any answers. But he needed to be very careful. Because if anyone discovered he was excavating long buried secrets—the next unseen assassin might be coming for him.

  Chapter 14

  Dan barely slept. The wind was high and the waves rocked his boat all night long. On most occasions, a little weather helped him sleep.

  Not this time.

  So perhaps, instead of blaming the weather, he needed to admit the truth. Conrad Sweeney scared the hell out of him. And he was about to meet the man face to face.

  They had met once before. Sweeney had arranged the meeting in an extremely foggy sauna, and Dan was convinced he did that to mitigate Dan’s powers of observation, his ability to read faces and absorb minute details that later became important. They had never once been seated in a normal room together.

  But today that was about to change. Maria was taking Sweeney’s deposition.

  Sweeney had made excuses and delayed as long as possible. They had taken all the other depos first. But it was finally going to happen.

  As before, the Friedman & Collins receptionist escorted he and Maria to the conference room. All at once, he realized he was holding his breath.

  The door opened.

  Sweeney wasn’t there.

  The court reporter, Marilyn, sat before her transcribing machine, fingers poised. The two opposing attorneys, Caldwell and Drake, weren’t there yet.

  Dan pulled a legal pad out of his backpack. He was making the all-important decision about which pen to use when he felt a nudge from Maria.

  He looked up. She silently tilted her head toward the court reporter.

  He widened his eyes. Yes?

  She titled her head again, even more forcefully.

  The message was clear. Observe already.

  He shifted his position casually and gave the court reporter the once-over. Everything seemed much as before...

  No. She had a new purse. Blue. Compact. Like a combo between a clutch and a regular purse.

  He leaned in toward Maria. “New purse?” he whispered.

  “Kelly.”

  He shrugged. “It’s a tote bag.”

  “It’s a multi-thousand dollar accessory.”

  He scrunched up his face. “For a purse?”

  “For a Kelly bag. Named for Grace Kelly. Like the Birkin bag, named for the singer Jane Birkin, who favored them. They’re made exclusively by Hermès. You can’t get one for less than seven K. And yet they are so in demand that there’s a long waitlist and a secondary collectors market for them. Unlike almost everything else in the fashion world, they increase in value.”

  “I assume you have several.”

  “Are you joking? Not in my budget. And I have a pretty generous clothes budget. But a Kelly? No way.”

  The light began to dawn. “But our court reporter has one?”

  Maria nodded her head slowly.

  “Maybe she...inherited it from a rich aunt.”

  “She’d sell it.”

  “Maybe it’s a knockoff.”

  Maria shook her head. “Look at it. Saddle-stitched. Swivel latch. Trust my eye, Dan. It’s the real deal.”

  He gave Marjorie another casual glance. He didn’t want to get all class-elitist, but you didn’t expect a court reporter to be sporting designer goods. If she was so well accessorized that Maria was drooling...something strange was going on.

  The door to the conference room opened. Caldwell and Drake entered and took their seats.

  Still no deponent.

  “Where is he?” Dan said, trying not to make it sound like a growl.

  “No cause for concern,” Caldwell said, in her usual matter-of-fact manner. “Dr. Sweeney will appear. By videoconference.” She pointed at the small video screen mounted on the wall.

  “Why isn’t—”

  Maria laid a hand on his shoulder. A gentle reminder. I’m the lawyer here, not you. “We thought the witness would appear in person,” she said.

  “Read the local rules. A deponent may appear by videoconference.”

  “If approved by both sides,” Maria added.

  “Do you object? I don’t know why you would. You’ll be able to ask him any question you want.”

  “But you neglected to obtain my consent.”

  “You’ve been pushing for this deposition since you filed the case. I thought you were anxious to do it.”

  “I am, but—”

  “Dr. Sweeney is a busy man, as anyone who hasn’t been living in a cave already knows. He has three major deals pending plus a new Sweeney Shelter in its final stages. It’s a miracle he could carve away enough time to do this by teleconference. If you want to want an in-person appearance...” She shook her head. “I don’t know. It might be months.”

  “We’ll get a subpoena.”

  “Suit yourself. It won’t free up Dr. Sweeney’s schedule, and I don’t see Judge Fernandez asking him to put aside his business for your convenience. Especially after he hears that you had a chance to take the depo by videoconference and turned it down.”

  Maria pursed her lips. Dan didn’t need any special gifts to know what was going through her head. The opposition lawyers were violating the fundamental principles of professional collegiality—and didn’t care. But if she didn’t take this opportunity to depose Sweeney, she might not get another one for months. She might not get another one at all.

  “Give me a minute.” She leaned toward Dan and whispered. “Why is he doing this?”

  Dan didn’t hesitate. “Same reason our last meeting was in a steambath. He heard that I can read people. He doesn’t want to give me the chance.”

  “You’ll still be able to see him.”

  “It’s not the same.”

  “Do you want me to object?”

  “No. I’m ready to get this done.”

  She nodded, then turned back to face the lawyers on the other side of the immense conference table. “Very well. Let’s proceed.”

  Caldwell nodded. “The usual stipulations?”

  “We will show you precisely the same professional courtesy you have shown us,” Maria replied.

  “Meaning?”

  “No stipulations.”

  “As you wish.”

  Caldwell flipped a switch, probably activating Airplay, and a picture appeared on the video monitor.

  Conrad Sweeney was seated in a dark room. It might be his office. It was impossible to tell. He was in front of the camera but not all that close to it. They could see him—but just barely.

  “I’m not going to get a damn thing,” Dan muttered.

  “You never know,” Maria whispered. “You’re amazing sometimes. You might get a clue without even realizing it.”

  Dan shook his head. “Not unless he holds up a Kelly bag.”

  Maria spent the first ten minutes asking preliminary questions, establishing the witness’s identity, address, occupation, and educational history. Some attorneys spent more than an hour on this kind of material, but he personally thought that was more to run the clock than because it produced useful information, so they kept it to a minimum. Sweeney remained responsive and polite. He wasn’t friendly, and he didn’t elaborate. Why would he? As far as any observer could tell, he was in complete control of the situation.

  “Mr. Sweeney, I’d like—”

  “Excuse me,” Drake said, leaning in. “But it’s Dr. Sweeney.”

  She knew that, of course. “I’m sorry. Is he a medical doctor? Does he have a Ph.D.?”

  Sweeney chuckled. “It’s a honorary university degree. They made such a big deal out of it. Named a student center after me too.”

  After a sizeable donation, no doubt.

  Sweeney continued. “But you may call me whatever you like, young lady. Call me Connie, if you like.”

  Maria blinked. “Connie?”

  “That’s what my friends call me.”

  He has friends? “Thanks
, but we should probably keep it professional. Dr. Sweeney, you made a public statement that my client’s father, Samuel Pike, was a murderer.”

  He didn’t blink. “Matter of public record. Man was convicted for first-degree murder. Died in prison, as I understand it.”

  “Are you aware of any other criminal activity by Ethan Pike?”

  “I haven’t looked into it.”

  “Do you have any personal knowledge pertaining to the murder?”

  “Depends on what you call personal knowledge.”

  “Were you there?”

  He hesitated. Only an instant, but Dan caught it. “No.”

  “Have you talked to anyone who was?”

  “As I think you’re aware, I know Bradley Ellison.”

  “How do you know him?”

  “He’s one of my oldest acquaintances. I knew him when he was a young rookie officer and I was just getting started in tech. Back when hi-tech meant 300-baud dial-up modems and computer screens only came in green. We worked on some charitable projects back then. A policeman’s retirement fundraiser, I believe.”

  “You’ve employed him, haven’t you?”

  “Yes. Bradley has worked for me on many occasions. He’s a former police officer. Retired as detective captain, I believe. And his eyewitness testimony was critical to the Pike conviction.”

  “Have you discussed this case with Mr. Ellison?”

  “It has come up once or twice.”

  “In what context?”

  Sweeney slowed, drawing in his breath. One disadvantage of not being in the same room as the deponent, of course, was that he was also not in the same room as his lawyers. Consulting them was more difficult. “Mr. Ellison was recently called as a witness in a case your client handled. The Ossie Coleman matter. He has also worked for me as an investigator on many occasions.”

  “What were those matters?”

  “To which I will object,” Caldwell said. “Relevance.”

  Maria nodded. “You may answer the question, Dr. Sweeney.”

  “But she objected.”

  “But objections are reserved until the time of trial.”

  “Are they?” Drake said, eyebrows arched. “I never heard you agree to that stipulation.”

  Maria’s face made it clear she was tired of dicking around with Sweeney and especially unwilling to tolerate a conversation with the dick of dicks. “You decide how you want to play it Nick. But you’re decisions sticks for the rest of the case.”

  He waved his hand in the air, grinning. “Fine. You can answer the question, Dr. Sweeney. If the deposition is used at trial, we’ll renew our objection.”

  Sweeney nodded. “I had some concerns about the city government. As you’ll recall, our mayor, Camila Pérez, was accused of criminal activity. More than once. I asked him to look into it.”

  “You were spying on the mayor.”

  Sweeney was nonplussed. “If you choose to put it that way.”

  “And you thought that was appropriate?”

  “I thought it was necessary. And given what we now know—I was right. I was awake while others were sleeping. In fact,” he said, letting his eyes wonder, “some people were sleeping with the enemy.”

  Dan bit down on his lip. “Smart ass,” he muttered.

  “Emphasis on the ‘smart,’” Maria muttered back. She addressed the television screen. “Do you have any more information about the murder?”

  “No. Just what Ellison told me.”

  “Has Ellison ever spoken poorly about Ethan Pike?”

  Another meaningful pause. “That’s a complex question. I’ve heard Bradley say he liked Ethan Pike and considered him an excellent officer. But he also thought Pike was ...unnecessarily violent. Which proved to be true in the worst possible way.”

  “Anything other than the alleged murder? Other instances of violence?”

  “I don’t know. You should ask Bradley.”

  He had a serious feeling Sweeney was dancing around something. But what?

  Maria tapped her pen on her legal pad. “In the public statements that form the basis of this suit, you mentioned organized crime. You said Dan came from a family of criminals. Organized crime. Were you referring to my client’s father again?”

  Sweeney nodded. “And your client himself.”

  “Do you have reason to believe my client’s father was involved in organized crime?”

  “Again, it would be best if you deposed Bradley.”

  “I already did. He didn’t mention this.”

  “I guess you didn’t ask the right questions.”

  Maria tucked in her chin. “You’ve known Bradley for a long time. What about Dan’s father? Did you know him?”

  “I...knew of him.”

  Something about the way he said it triggered something in Dan’s head. He leaned forward. “Did you know Jack Fisher?”

  Sweeney didn’t appear thrown by the change in questioner. He licked his lips slowly. “I...did, yes.”

  Dan and Maria exchanged a look. “How did you know him?” Maria asked.

  “Bradley introduced us. Jack was thinking about leaving the force. I believe he was having some financial problems, but so many years have passed, it’s hard to recall all the details.”

  “What changed his mind about leaving?”

  “I really don’t know. I suppose he found another way to resolve his financial problems.”

  “Do you have any additional information to support your claim that my client’s father was a criminal?”

  “Nothing comes to mind.”

  “Then—”

  “But I have been busy of late. Sometimes I forget things.”

  Dan wasn’t fooled. Sweeney was leaving himself an escape hatch. If they discovered something later, he’d claim he’d forgotten about it.

  “What about my client himself?” Maria asked. “You also claimed he was a criminal.”

  Sweeney glanced down. Did he have notes? “I believe I said he was involved with criminals. Which is an unassailable fact. And he has a reputation for being...dishonest and disreputable.”

  “If Dan’s such a horrible person...why did you offer him a job?”

  Sweeney smiled. “That was a long time ago.”

  “But why? You wouldn’t want a crook working for you.”

  “Like every other successful businessman in this country, I am subject to a constant deluge of lawsuits. Some even more trivial than this one. I can always use an effective attorney.”

  “Even if he’s a criminal.”

  “I never said—”

  “In fact, at some point, you offered him a judicial appointment, didn’t you?”

  Sweeney thought for a moment, then said simply. “No.”

  “You suggested the possibility.”

  “I have many friends in this town. But I do not have judicial appointments to dispense like candy.”

  “It was a bribe. You were trying to get my client to drop a case.”

  “That is simply not true.”

  “You were angry when he resisted you. So you started spreading lies.”

  “I have said nothing that wasn’t true. Your client has spent a lifetime consorting with criminals.”

  “And when you say consorting, you mean, representing?”

  “Among other things. He dated a criminal. He defended a young woman who was in clear violation of immigration law. And of course, he himself has been accused of murder.”

  “And cleared.”

  “But the situation would never have occurred if your client did not spend so much time with the criminal element, the kind of people who hire hit men on the internet or pay money to be excited by leather-clad dominatrices. As my father used to say, When you hang with sleaze, you become sleaze.”

  He could feel Maria’s frustration. Sweeney was choosing his words carefully, defending himself without saying anything that could lead to additional problems. He’d been baited once. He would not be baited again.

  “You me
ntioned organized crime.”

  “You client has repeatedly been connected to a South American cartel involved in sex trafficking and organ smuggling.”

  “Involved as the man who put his own life in danger to stop those evil practices.”

  “And yet, somehow, he always seems to know what these scumbags are up to, doesn’t he?”

  “Because he investigates.”

  “Excuse me,” Caldwell said, leaning in. “Was there a question in there somewhere?”

  “I’ll rephrase. Do you have any evidence suggesting that my client aided a South American cartel? Or any other criminal organization?”

  “Not at this time.”

  Maria’s brows knitted. “Does that mean you’re looking for some? That you might get some later?”

  Sweeney shrugged. “You’re conducting discovery. So am I.”

  “I’m not aware of any outstanding discovery requests.”

  “Court-sanctioned discovery rarely leads to much, in my experience.”

  Maria’s back stiffened. “Are you talking about private investigators? Are you have my client investigated? Or followed?”

  Sweeney appeared completely unruffled. “He initiated this attack on my character.”

  “Don’t you mean, this defense of his own character?”

  “I do not. He came after me. Quite deliberately. Threatened my business. My livelihood. Did he think I would take that quietly? My business empire was not built by taking things quietly.”

  Maria turned to the opposing lawyers. “I’m formally requesting the production of any and all reports, documents, photos, or anything else in the possession of or obtained by Dr. Sweeney that relates to my client.”

  Sweeney answered for them. “I regret that I will not be able to comply.”

  “Why not?” she snapped.

  “Because I don’t want to.”

  Drake jumped in. “Anything obtained by us or our client through a private investigator in preparation for trial would be privileged work product and thus not subject to discovery.”

  “That’s crap and you know it.”

  “I don’t know that at all.”

  “I’ll file a motion to produce.”

  “Feel free. You’ll lose. You want to see what we’ve got? Come to trial and find out.” His eyes wondered to Dan. “You might be sorry your started this mess.”