The Fifth Witness - Michael Connelly [172]
I glanced at Aronson. She looked mortified and maybe even swayed by Freeman’s statement.
“Judge,” I said calmly, “I can only say one thing to Ms. Freeman. Prove it. If she’s so sure this was some kind of master plan then she can try to prove it. The truth is, and my young, idealistic colleague here can back me on this, we did not even become aware of Opparizio’s organized crime connections until just recently. My investigator literally stumbled across them while tracking back all of Opparizio’s holdings as listed in his SEC filings. The police and prosecution had the opportunity to do this but either chose to ignore it or came up short of the mark. I think counsel’s upset largely extends from that, not what tactics I employ in court.”
The judge, who was still leaning back and looking at the ceiling, made a waving gesture with his hand. I didn’t know what it meant.
“Judge?”
Perry swung the chair around and leaned forward, addressing all three of us.
“So what do we do about this?”
He looked at me first. I glanced at Aronson to see if she had something to offer but she looked frozen in place. I turned back to the judge.
“I don’t think there is anything that can be done. The witness invoked the Fifth. He’s done testifying. We can’t go on with him selectively using the Fifth whenever or wherever he wants. He invoked, he’s done. Next witness. I have one more and then I’m done, too. I’ll be ready to give my closing tomorrow morning.”
Freeman could no longer take it sitting down. She stood up and started pacing a short pattern near the window.
“This is so unfair and so much a part of Mr. Haller’s plan. He brings out the testimony he wants on direct, then pushes Opparizio into the Fifth, and then the state gets no cross, no redress at all. Is that even remotely fair, Your Honor?”
Perry didn’t answer. He didn’t have to. Everybody in the room knew the situation was unfair to the state. Freeman now had no opportunity to question Opparizio.
“I’m going to strike his entire testimony,” Perry declared. “I’ll tell the jury not to consider it.”
Freeman folded her arms across her chest and shook her head in frustration.
“That’s a helluva big bell to un-ring,” she said. “This is a disaster for the prosecution, Judge. It’s completely unfair.”
I said nothing because Freeman was right. The judge could tell the jurors not to consider anything Opparizio had said but it was too late. The message was delivered and was floating around in all their heads. Just as I had intended.
“Sadly, I see no alternative,” Perry said. “We’ll take lunch now and I’ll be thinking further on the issue. I suggest you three do the same. If you come up with something else before one, I will certainly entertain it.”
No one said anything. It was hard to believe it had come to this. The end of the case in sight. And things falling just as planned.
“That means you can all leave now,” Perry added. “I’ll tell the deputy that Mr. Opparizio is relieved as a witness. He probably has the whole media throng in the hallway waiting to devour him. And he probably blames you for that, Mr. Haller. You might want to steer clear of him while he’s in the courthouse.”
“Yes, Your Honor.”
Perry picked up the phone to call the deputy as we headed toward the door. I followed Freeman out and down the hallway to the courtroom. I was expecting it when she turned on me with nothing but pure and piercing anger in her eyes.
“Now I know, Haller.”
“Now you know what?”
“Why you and Maggie will never get back together again.”
That put a pause in my step and Aronson walked right into me from behind. Freeman turned back around and kept going.
“That was a low blow, Mickey,” Aronson said.
I watched Freeman go through the door to the courtroom.
“No,” I said. “It wasn’t.”