When Men Betray (41 page)

“Y
OUR HONOR
,
THE
next witness I will call is Janis Harold, a respected lawyer and much-admired member of this community. She served as counsel for both of Senator Robinson's campaigns for governor as well as his campaign for senator.” Maggie distributed campaign documents that had been drafted by Janis and signed by both Russell and Woody. They'd been in the packet Janis gave me on Monday.

“First, Ms. Harold will say she witnessed the close working relationship between the senator and Woody. She will also testify that she acted as personal counsel to both Senator Robinson and Mr. Cole. She drafted estate-planning documents for both and provided tax advice to the senator on a regular basis. She will testify that during the last campaign an opposition-research project was conducted under her direction that investigated every rumor or bit of gossip there was about the senator or his opponent.”

Sam rose quickly. “Your Honor, I'm concerned where we're going here. Does counsel think he can smear the senator in chambers? Gossip about the senator is not relevant to this murder trial.”

I shook my head. “Actually, I've committed to my client and will commit to the prosecution that I have no plans to tarnish the senator's reputation. The prosecution would have this court believe that Mr. Cole was a disgruntled employee, and I intend to establish the
truth. Mr. Cole was so trusted that, other than the senator himself, Woody Cole alone had access to the opposition research. Not even the senator's wife could touch it, as Ms. Harold's testimony will establish. I have no intention of introducing any documents that were placed in those files. I simply want to establish the trust relationship and make everyone aware that these files exist.”

Marshall said dryly, “I believe we are all now aware of their existence.”

“Your Honor, Ms. Harold will also testify that on the Tuesday after his argument with the senator, the defendant asked her to prepare a trust instrument by which he placed almost all his assets in trust for the benefit of his mother, his former wife, my daughter, and ultimately, a foundation to benefit the environment. Ms. Harold will testify that the terms of this trust are irrevocable, and that on Wednesday afternoon, the defendant executed this trust. All of his assets are in it except for an amount he left in his bank account to cover expenses he expected his mother to have.”

Maggie produced copies of the trust and a statement showing the value held in trust.

Marshall kept his face carefully neutral, but Sam couldn't help himself. “Well, I'll be damned.”

“It came as a surprise to me, too,” I said, looking at Sam.

Sam stood.

Marshall said, “Mr. Prosecutor, do you wish to say something?”

“Well, I guess I'm surprised and confused. I wasn't aware of the defendant's wealth, so I wonder why the defense is establishing it here. I proved premeditation when I presented my case in chief; now it appears that the defense is going to great lengths to support my proof.”

Marshall looked at me to respond.

“That's one view of the reason Woody Cole would create such a trust the day before the senator's death. But an equally valid conclusion would be that Woody was planning his
own
death, and that's what concerned Ms. Harold. She will testify that she was concerned that Woody planned to commit suicide, not murder.”

I had touched a button. “Counsel is arguing and putting words in Ms. Harold's mouth.” This time, Sam had taken the bait.

“In anticipation of the prosecution's concern, I asked Ms. Harold to write her own affidavit without my involvement. I'll present this affidavit to the court as soon as I complete this proffer.”

Deflated, Sam sat back down. My next problem was Marshall.

“I'm not concerned about counsel fabricating proffered testimony. He'd find himself in contempt and sleeping in our holding cell. My question is why we don't put these people on the stand and go forward with the proof the old-fashioned way.”

“Judge, we are now to the point where I think you'll understand my unusual request. Janis Harold will testify that, despite her long legal relationship with Senator Robinson, she learned only a month ago that another law firm had been hired to set up a Super PAC to support the senator's national ambitions.

“Janis Harold learned about the other law firm's work on this project from the defendant. Subsequently, lawyers at this firm called to give her the details and confirmed that the director of this new Super PAC would be one Philip ‘Woody' Cole. In other words, she will testify that Woody was not fired, but in fact had been tapped to guide and promote Russell's future political ambitions. She'll testify that the law firm that organized this Super PAC is my former law firm, Banks and Tuohey. She'll also testify that I was surprised to learn these facts just this week. She assumed that I'd been involved.”

Marshall looked confused. “Your former firm?”

I told him that I was no longer affiliated with Banks and Tuohey. He didn't press the issue, and I offered nothing more.

Sam couldn't stand it. “Your Honor, so what if the argument between Woody and Russell wasn't about his being fired? Is Ms. Harold going to testify that they didn't argue?”

“Oh, they argued all right, and I'll get to what about soon enough. Let me cover a few minor points before I get to the last segment of Ms. Harold's testimony. She will testify that the senator asked her for tax advice concerning his duck club. The senator wanted to deduct some of the expenses of his duck club as business expenses, and, since he occasionally used it during campaigns, he wanted to charge some of its expenses to his campaign as well. The senator told her that he had kept a record of who visited the duck club and the business or political purpose for each visit.

“Ms. Harold will also say that, in her opinion, Woody was as sane as she was.”

Sam simply shook his head. I knew he couldn't figure out why I was throwing away all my defenses.

“If necessary, I'll supplement her testimony with proof that my former firm did establish the Super PAC—to be known as the ‘Peace through Truth Fund.'

“Finally, Your Honor, Ms. Harold will testify that on Wednesday, the day before the shooting, Woody brought her a large envelope containing what we now know to be a guest register maintained at Russell's duck club. Ms. Harold will say that Woody asked her to store the book with the opposition-research files. Since then, a second register that augments the first has been found. I will present both of these books as exhibits. To help differentiate between the two books, I'll refer to the one signed by the guests as the register and the one kept privately by Russell as the journal.”

As Maggie distributed copies of the two books, Sam complained sharply, “I believe counsel said he didn't intend to introduce anything from the opposition research. Moreover, if this is confidential information, how did counsel get ahold of it?”

I turned to Marshall, “May I respond?”

He nodded.

“The only thing that ties the guest register to the opposition research is my client's request that Ms. Harold store it in the same place. Even if it could be considered opposition research, the one person who is able to remove something from those files is my client, or someone who has his power of attorney—which I do.”

I could hear Woody starting to fidget. I gave him a stern look, and he remained silent.

“Counsel, it may be that you have the right to do with them as you please, but what is their relevance to this proceeding?”

“Your Honor, if you'll allow me, I can answer all the court's questions.”

“I've already let you go this far, so go ahead, counsel, but please tell us where you're going, because I'm missing something.”

Okay, Marshall, what is it you don't get?

“Your Honor, a subsequent witness will identify both books as the
records of the guests who came to Russell Robinson's duck club over the last several years. She'll say that guests filled out the first register as they entered or left the club. The senator kept the second book privately. She'll testify that he periodically collected the register and referred to it as he made entries in his journal. A handwriting expert will verify that the journal is solely in the senator's handwriting. For example, if you examine the two books side by side, you will see on the first page of the register the entry:
November twenty-ninth two thousand three—Billy Wagner, Michael Kubek, and Mike Thompson—three mallards—great morning, great food, and even better company
. Then, if you go to the journal, on the same date, the entry reads in Russell's handwriting:
Wagner, Kubek, and Thompson—Poultry producers—discussed upcoming legislation
.

“If you leaf through both books you'll see that, for almost every guest, there is a corresponding entry in Russell's journal. He never let anyone know he was keeping it. He kept it in a locked chest by his bed. The subsequent witness, who worked at the duck club for years, can identify those who were frequent guests at the club. She'll tell you which ones hunted, which ones drank too much, and which ones conducted business. She'll say there were times when people met at the duck club without Russell being present, and she can tell you who they were, whether they hunted or not, and which ones brought girlfriends.”

I knew this would draw a rise from Sam.

“I thought counsel wasn't going to try to smear the senator. Just who is this mystery witness?” His voice was full of indignation.

“The witness is Ms. Bea Taylor, the cook and housekeeper for the senator's duck club. Some of her testimony will be corroborated by the guide who took the hunters out, but most of it is based on her own knowledge and her personal records.” I made it a point to keep my tone neutral.

Sam was livid. “I suppose that's why you wanted everything in private—so this Bea woman won't be hounded by the press until she writes a tell-all book. Do you represent her as well? Your Honor, we've had enough of this. If Ms. Taylor, whoever she is, has anything relevant to say about the murder, then let her climb into the witness chair and testify.”

Sam was losing it, and I needed him to quit being a jerk prosecutor. In the most serious voice I could muster, I began, “Sam, I understand your frustration. You don't trust my motives. You think I'm playing lawyer games. Trust me, I'm not. Bea Taylor is real and a critical witness to a conspiracy—a cunning conspiracy to manipulate the price of oil, along with many other crimes.”

The room was as silent as a tomb. Woody stared at his prison-issued, lace-less shoes.

“That's why my life is in danger. I believe Bea Taylor's life is in danger as well. You're damn right I want to protect her, but not because of any book—you should know better than that. She doesn't understand the significance of what she knows or saw, but I do. And I fully intend to protect her—not just for her sake, but for your sake and for the sake of everyone in this room.”

I looked at the first friend I'd made in Little Rock.

“Sam, think about the Kent affair. Remember telling me that Woody didn't take a minute to consider whether you might have had a really good reason for the way you handled that case? Remember saying, ‘He never stopped to think that I was trying to tell him something?' Well maybe, just maybe, you need to pause and think. Maybe I'm trying to tell
you
something.”

The silence thickened. Marshall cleared his throat and growled, “I don't know what's going on here, but you've gone from defending a murder case to suggesting the existence of some oil pricing conspiracy. I've given you a lot of latitude here, but it's time for an explanation—now!”

“Your Honor, if the court and Sam will allow me to tell you what I know without the formality of a proffer, I believe I can get everyone up to speed very quickly. Sam has his probable cause to bind Woody over to trial. If you'll allow me to bring it all into context, I think both of you will understand what's really at stake.”

Marshall rolled his eyes. “Anything within reason, just speed it up so we're not sitting here in the dark.” He looked at Sam, “Counsel?”

Sam gave me a ghost of his old grin, “No tricks?”

“No tricks.”

“No objection, Your Honor. Let's hear what Jack has to say.”