It was now Friday morning and everyone was present in the courtroom at 8:55am and the atmosphere was electrically charged. The prosecution’s first witness had been resurrected from the dead to all intents and purposes and her testimony would be nothing short of explosive. All the defendants were edgy, if not terrified, but they had been warned not to show it. Swartz and his colleagues had told them to remain stoic throughout and above all remain calm no matter what. Whether they could however was an altogether different matter.
“All rise” said the bailiff and Judge Graham walked into the courtroom at precisely 9:00am.
“Good morning everyone, have you deposed, Miss Hogarth, Mr. Swartz?”
“Yes your honor we have.”
“So we are good to go then.”
“Yes ma’am we are on this side of the aisle.”
“Call your first witness Miss Dixon.”
“I call Jennifer Hogarth to the stand.”
Jenny walked in wearing a light grey business suit and a white blouse. She looked every bit the professional woman that she was – but that suit did not camouflage her hour glass figure. She was a good looking woman and she walked up to the front of the court with quiet confidence.
Jenny was then sworn in and ushered into the witness box.
“Good morning, Miss Hogarth, could you state your name and occupation for the court please?”
“Jennifer Hogarth and I am a forensic accountant.”
“Thank you, may I call you Jenny?”
“Yes please do, I prefer it that way.”
“Early last year you were sent over to Coyne Investments to conduct an audit were you not?”
“Yes, my boss sent me over there as the SEC had requested us to go over the books with a fine tooth comb. They had just completed their own audit, but they were of the opinion that things were not quite right and so they called us.”
“Why your firm in particular?”
“We are highly regarded in our field and we have often been sought out for other government work.”
“I assume they were satisfied with your performance then since they are still calling upon you?”
“It would seem so ma’am, yes.”
“Did you in fact discover any accounting irregularities during your investigative work at Coyne and if so what were they?”
“I did discover irregularities, yes Ma’am, they were offshore accounts and money was being paid into them but not showing up on Coyne’s books.”
“In your own words then Jenny, tell us what you discovered and how you discovered it. Dumb it down for us none accounting types if you would please.”
“When I started over at Coyne I met with the president Robert Welch and he assured me that his company’s books were in good order. He genuinely believed that and after my initial cursory glance at them I too drew that conclusion. However, there was one ledger I was examining that seemed to concern the Chief Financial Officer, Mr. Johnson over there in the dock, more so than the others. Once I appeared to be satisfied with that ledger and placed it on the desk he never returned. To me that suggested that the problem would be in that ledger and that the CFO figured I had missed it along with the SEC. I then piled the other ledgers on top of it as I examined them. However, I later slid that one from the bottom and laid it open on my desk and placed the pencil holder in front of the spines of the ledgers making it impossible for anyone to see which one I was reviewing. I could now take my time and thoroughly examine each entry. They all looked good, it had been very cleverly done and I very nearly missed it. In the margins at the side of the page were pencil jottings containing letters and numbers. At first glance they meant nothing. Then I noticed that they kept appearing on other pages, similar in format, but using different letters and numbers. I copied them down and I went over to my boss’s house to pick his brains and see if any sense could be made from it all.”
“Did Mr. Bishop come up with any possibilities?”
“Yes he did, being a keen yachtsman he recognized the letter and number sequences as GPS co-ordinates.”
“GPS coordinates, what does that mean for those of us not familiar with yachting?”
“GPS stands for Global Positioning System and it allows people to know exactly where they are on the planet by using satellite signals to pinpoint there exact position, in this case to an accuracy of within fifty feet.”
“Carry on Jenny”
“When John, I mean Mr. Bishop, checked them out they revealed the locations to be in foreign banking havens and the other sets of figures were coded, so we assumed they would be the account numbers.”
“So you now knew exactly were the banks were located, but you didn’t yet have the actual account numbers.”
“That is correct.”
“How did you manage to figure those out?”
“Well I didn’t actually; one of the girls in Coyne told me how the numbers were arrived at. We had gone out after work for a drink together and I guess she had one too many. Anyway she began telling me how smart her boyfriend was and how he had told her about this special code he had devised and how he arrived at it. Mr. Bishop took it from there.”
“Were you treated well by the accounting staff at Coyne – by that I mean were they cooperative?”
“Yes they were, they were not in any way hostile towards me.”
“Were any of them involved in covering up these “Irregularities” as you put it?”
“Yes ma’am, one girl was involved, but quite innocently. Her boss had told her that what she was doing was necessary in order to fool anyone involved in corporate espionage who may be trying to determine if Coyne was a takeover target. She bought that explanation.”
“Is her boss in this courtroom right now, Jenny?”
“Yes ma’am he is, its Mr. Bryant sitting in the dock.”
“Objection your Honor, this is hearsay, we have yet to hear the name of this mythical witness.”
“Overruled, Mr. Swartz, you’ll have an opportunity to cross examine the witness shortly.”
Melanie then turned around and faced the defense benches.
“If the defense is so concerned about the name of this employee I can assure them that she is available to be called as a witness if she is required. The prosecution did not call her as a witness in order to spare her that ordeal, but I am quite sure that the defense knows full well who that employee is. However, if her direct testimony is going to be needed I can send someone to bring her to the court.
Swartz was once again on his feet.
“I think the defense can forgo that witnesses corroboration if that is all she would be testifying about your honor.”
“Very well, carry on Miss Dixon said the judge.
“Jenny, at this time did you know how the money was being funneled into those offshore accounts and what activities they related to?”
“No I did not know at that time, I had no idea. I suspected” ----,
Swartz was on his feet once more.
“Objection your honor, speculation, the witness did not have any evidence of any wrongdoing.
“Sustained”
“Let me rephrase that, Jenny,”
“Were you suspicious about the origin of the funds going into those accounts?”
“Yes I was as there seemed to be no associated receipts or invoices relative to those transactions.”
“Did you communicate this fact to anyone or inquire about the lack of said paperwork?”
“No I did not, at least not at that time.”
“Not at that time – does that mean that you did later at some point?”
“Yes I told Mr. Sumner one evening when I had one too many drinks.”
“Were you dating Mr. Sumner at the time, Jenny?”
“I guess you could call it that.”
“You Guess, does that imply that you may see it differently?”
“I certainly do now, yes. He only started dating me to glean information about how much I had discovered.”
“Did you tell him anything?”
“Yes I’m afraid I did. I told him he was a naughty boy for trying to fool us and that I knew about those accounts.”
“Then what happened?”
“Then I was kidnapped a day or so later.”
“Are the kidnappers in this courtroom?”
“No ma’am, the men that actually kidnapped me are not. However, their employers are and they are the ones who interrogated me, beat me and one of them raped me.”
There was a gasp from the jury and Swartz knew right then that they were against his clients and it would take a miracle to win this case.
“Let me get this straight, Jenny” said Melanie. You were kidnapped then beaten in order for them to find out just what you had discovered and once they found out what you had found out you were raped as well.”
“Yes ma’am that is correct.”
“Can you describe to the court exactly what happened to you and who was responsible?”
This was the moment Swartz and his colleagues were afraid of. They all just sat there stone faced awaiting this damning testimony.
“When I was kidnapped I was taken to a house out in the country somewhere. I was taken into a room and tied to a chair. The men who kidnapped me then left. I never saw their faces as they were wearing masks, but I would recognize their voices if I heard them again. Then the Riccolli brothers came in and interrogated me. When I refused to answer or they thought I was lying they would hit me. They were wearing leather gloves with steel studs in them. Sometimes they would backhand me; at others they would punch me hard.”
“Where exactly did they punch you?”
“Sometimes it was on my face at others on my breasts or on my stomach.”
“Carry on please, Jenny”
“The Riccolli’s were then joined by Mr. Bryant and he then joined in the fun.”
“Was he wearing studded gloves also?”
“No he had no gloves on. He took off his belt and sort of flicked it at me and it stung like hell. The three of them then untied me from the chair and undressed me and made me stand there naked while they poked fun at me. It was most humiliating. They said they were going to make me pay for poking my nose into places it didn’t belong. Bryant kept flicking me with his belt and he was aiming for my groin area each time. I did my best to avoid these blows, but I was not always successful. I would scream in pain, but they didn’t care. This is the price you pay for being nosy, Dom Riccolli said. Then they left the room. They told Bryant I was his to do as he liked with until the others arrived. I was then tied to the table. He flicked me repeatedly with his belt and then he threw himself at me and raped me. I kicked and screamed and I fought like hell, but he was too big and strong for me to overcome. Then when he left I was taken into a room with other women. They were being shipped to Africa as sex slaves I learned later. Then we were taken down to the docks, the smell of the docks is unmistakable However, prior to their departure they had to be shown the penalties for disobedience.”
“What did that entail, Jenny?”
“That meant that one girl had to volunteer to stand naked within a circle of the other women and they would watch as she was beaten. When nobody volunteered the man came back and said they would all be beaten if they didn’t pick a candidate and undress her themselves if necessary. Having been through that ordeal I was considered to be the weakest and so they undressed me and threw me in the middle. I was told to get on my hands and knees and when I didn’t he made me. He gave me a vicious kick to the back of my knees and I simply fell to the ground. I was then given the whip treatment once more. This time I could not protect myself and my rear end was red raw as were my other sensitive areas. It was at this time I was rescued by the government agents.”
“No further questions for Miss Hogarth at this time your honor, but we may wish to recall her later.”
“Very well Miss Dixon.”
“Mr. Swartz I assume you and you colleagues may wish to ask one or two questions of this witness.”
“Oh yes your honor that we do.”
“Well in view of the lateness of the morning I think we should adjourn until after lunch. That way the witness’s testimony will not be broken up or disjointed due to lunch. Court will reconvene and 1:00 pm.”
***
Swartz and his co-counsel were debating long and hard over lunch as to how to proceed with Jenny on the stand. One mistake here and it was all over. They didn’t want to question her as they all knew her answers would be crucifying to their respective clients. They had to question her as not to do so would have been fatal. So they decided to ask the least damaging questions and try to spin them in a more favorable light – or try to at least.
The court resumed right in time and Mr. Swartz rose to cross examine Jenny.
“Miss Hogarth, or would you prefer to be addressed as Jenny?” asked Swartz.
“Miss Hogarth will do nicely thank you.”
“As you wish Miss Hogarth” responded Swartz brushing aside the rebuff.
“When you examined the ledgers initially what did you find wrong with them?”
“Initially, nothing, they all seemed to be well maintained and in good order.”
“I see, but you did find something that apparently aroused your suspicions?”
“Yes I did”
“You mentioned in your testimony that there were pencil jottings in the margins, is that correct?”
“Were these jottings the cause of your suspicions?”
“They aroused my curiosity, yes.”
“That is not what I asked you, Miss Hogarth. I asked if they were the cause of your suspicions.”
“They added to them yes, but simply being asked by the SEC to perform a so called routine audit aroused my suspicions. Bishop, Knight & Rook are seldom called in to perform such audits. The SEC felt that something was not right at Coyne Investments and that their books may have been doctored and that is why we were called in.”
“So the SEC was the root cause of your suspicions?”
“I guess you could say that, yes.”
“Did it ever occur to you that they may have planted those entries in the margin?”
“No it did not.”
“Could one of their people have done it – I mean is it possible?”
“If you are asking if someone could write jottings in pencil in the margins of ledgers, yes it is possible. Having them coincide with offshore bank accounts and be encoded by Mr. Bryant’s personal code makes it rather unlikely.”
Swartz then snarled at her. I simply asked if it were possible. A simple yes or no would suffice. He then turned to the judge, could you ask the witness to merely answer the question asked and not to editorialize please you honor.
“Mr. Swartz, you did not specifically request Miss Hogarth to answer either Yes or No. If in future you wish to do so please say exactly that. Miss Hogarth answered your question appropriately given the way it was phrased. Please continue.”
“Miss Hogarth, you just mentioned Mr. Bryant’s personal code, how did you come to learn about that?”
“One of Mr. Bryant’s employees told me about it one night after work.”
“Oh so you took her out after work one night, let her get drunk perhaps and pumped her for information.”
“No, that was not the case at all. Yes we had imbibed a few drinks but I did not grill her for information as you are suggesting.”
“She just happened to blurt out all those secret codes and you were on hand to write them down I suppose.”
“No that is not what occurred. As I mentioned we had had a few drinks and the subject of boyfriends came up. During the course of that conversation she began bragging about how smart her boyfriend was and that is how I learned about the coding system.”
“So you didn’t try just a little bit to coerce this information out of her?”
Melanie was on her feet in an instant, Objection your honor – “asked and answered”. Mr. Swartz is trying to entrap the witness.”
“Sustained, move on please Mr. Swartz.”
“These so called false accounts, did you determine how much was going into them or where those deposits came from?”
“No I did not”
“So there could have been a perfectly good explanation for those accounts, did you ever ask any one about them?”
“No I did not”
“Why not, Miss Hogarth, there could have been a perfectly innocent explanation for their existence could there not?” He then hastily added, just Yes or No will do Miss Hogarth.
“Yes”
“So let’s see where we are right now. The SEC made you suspicious about the books of this firm. You found pencil jottings in the margins, jottings that you agree could have been planted there by someone else, although you consider that to be unlikely. Then in addition to that you do not know how much money was going into those accounts or where those monies came from and you agree that there could be a good explanation for them. Does that sum up your testimony so far Miss Hogarth, Yes or No please?”
“Yes” said Jenny.
“So would it be fair to say at this point that you only had suspicions and no actual proof of any wrong doing Miss Hogarth. Again, please answer either Yes or No?”
“Yes”
“At this point your honor I will hand the witness over to Mr. Jack Irvine who is representing Mr. Bryant in this matter.”
“Very well Mr. Swartz.”
Jack Irvine then stands up.
“Miss Hogarth, have you at any time in your life taken any narcotics, prescribed or otherwise?”
“I suspect I have in prescription form, although I can’t recall which right now.”
“Only in prescription form, never recreationally.”
“That is correct.”
“You stated in your testimony that you were kidnapped, but you couldn’t see the faces of your kidnappers due to their masks. Is that correct?”
“What kind of masks were they wearing?”
“They were plastic I think, kid’s masks”
“You think, or you know for a fact?”
“I think they were plastic action figure masks.”
“You think, but you aren’t sure, is that right.”
“Yes”
“Did they drug you when they kidnapped you?”
“No I don’t think so”
“You don’t think so or you know for sure that they didn’t.”
“I don’t think so.”
“You don’t seem to be too sure of anything do you Miss Hogarth, could that possibly be because you were under the influence of drugs or drink at the time?”
“No it could not.”
“You don’t think it could or you are sure it couldn’t?”
“I know I didn’t take any drugs and I certainly had not had a drink that day, so if any drugs were found in my system I did not take them voluntarily.”
“Oh so you are covering yourself are you. I didn’t take any, but if they were found in my blood, someone else must have given them to me is that what you are saying Miss Hogarth?”
“Yes Mr. Irvine that is exactly what I’m saying.”
“Well your memory seems to be less than stellar so far, let’s move on to the kidnapper’s attire. What were they wearing when they attacked you?”
“They were all dressed in black from head to toe.”
“Ah Yes, the ubiquitous men in black; now who could forget that minor detail? Once they left the room and the accused came in, that’s Mr. Dominic Riccolli and Mr. Aldo Riccolli according to you, what were they wearing?”
“They too were wearing black.”
“Ah Yes; and with black studded gloves too, right?”
“Yes that is correct.”
“Well that’s certainly easy to remember isn’t it, nothing confusing about that. You could hardly forget such vivid attire, an important point in a trial.”
“You are quite correct, Mr. Irvine, when you have been subjected to that type of intimidation and the beatings that went with it there is little to be confused about. Your mind is totally focused. I shall never ever forget what your clients put me through.”
“That allegation has yet to be proven, Miss Hogarth. After all, your mind may not have seen the true picture if you were under the influence of drugs. Whether you took them voluntarily, or not, as you seem to claim one could easily get confused about what really happened.”
“Oh really Mr. Irvine” responded Jenny. “Trust me, I was not then and am not now confused. I was beaten by those men and raped by Mr. Bryant and slick lawyering cannot change that. If I was supposed to be drugged so that I would not remember the facts – then guess what - it didn’t work. I do remember, and quite clearly, who did what to me.”
Irvine then sat down. He daren’t pursue Jenny any more. She was as sharp as a razor, would avoid his pitfalls and the jury would go against him for sure if he attacked her. He had no other choice but to sit down.
“You may step down Miss Hogarth said the judge, but you may be recalled later.”
Melanie then asked her second chair Mr. Paul Harvey to take the next witness. Melanie had explained to Sarah that Bryant had been the man they had met in the hotel bar that night and that she would have Harvey cross examine him to avoid potential bias charges. Sarah agreed it might be best. But it turned out it was unnecessary – Bryant hadn’t recognized either Melanie or Sarah. He was so wrapped up in himself he had forgotten them, totally.
Paul Harvey then called Mr. Bryant to the stand.
“Mr. Bryant please state your full name and occupation to the court please.”
“Jon Bryant and I am a vice president in the finance department of Coyne Investments.”
“Did you have any interaction with Miss Hogarth while she was conducting her audit over at Coyne Investments?”
“No sir, I did not.”
“Your boss Mr. Johnson did though did he not?”
“Yes sir I believe he did.”
“Do you recall being asked about a taxi receipt from one of your many trips to Lagos in Nigeria. Keep in mind Mr. Bryant that you are under oath?”
“Yes I do remember that.”
“Oh so you did in fact have an interaction with Miss Hogarth after all.”
“I guess so, I had forgotten about that incident.”
“Did she in fact ask you if you had an office in Lagos?”
“Yes she did, she wanted to see if she could get her firm to send her there to continue her investigation over there and maybe fit in a vacation while she was there.”
“Did you explain about that receipt to Miss Hogarth’s satisfaction?”
“Yes I did.”
“Did it make you annoyed to have been caught out like that?”
“No why should it?”
“It shouldn’t Mr. Bryant, but why else would you be so incensed as to rape and beat her like you did?”
Irvine was on his feet in a flash, Objection your honor. There is absolutely no truth in that allegation whatsoever, and it has not been proven otherwise.”
“Sustained”
“So Mr. Bryant, you maintain that you did not rape Miss Hogarth is that correct?”
“It most certainly is.”
“Does the name “The Abuku Prince” mean anything to you – and again I remind you that you are under oath, Mr. Bryant?”
“No it does not; I’m not a gambler, sir.”
“Why do you say that, Mr. Bryant?”
“Because it sounds rather like a racehorse’s name and I was pointing out that I don’t gamble.”
“Oh I think you do Mr. Bryant, you are gambling right now. You are gambling that that I can’t prove that you raped Miss Hogarth and several other women who were rescued from the Abuku Prince. That is the ship you know nothing about and the women who were on board it. Your amnesia is unlikely to save you here Mr. Bryant. I do have witnesses to substantiate my claims and they are indeed willing to testify. All you have to do is deny that you raped Miss Hogarth once more and I shall bring them in to testify.”
Irvine was on his feet in a flash, “This is coercion your honor and bordering on blackmail”
“Oh really, Mr. Irvine? I don’t quite see it that way. The prosecution was simply trying to save the witnesses some potential embarrassment on the stand. I am quite sure that you would vigorously question them as is your right. Your client rolled the dice simply by denying the accusation; Mr. Harvey it seems is calling your client a liar and is now intent on proving it. Objection overruled.”
“Your honor, my client wishes to revise his previous denial and will in fact state that he did have sexual relations with Miss Hogarth.”
Melanie jumped up at once.
“Sexual relations Mr. Irvine, come on, this was not a romantic and consensual interlude. Mr. Bryant raped her and he has to admit to that charge. I will not allow it to be read into the record in any other format or sugar coated in any way.”
The judge looked at Jack Irvine.
“Well Mr. Irvine, what is your client’s response to that edict from the prosecutor?”
Irvine was over a barrel and he knew it. He had no other option but to admit to it. If he didn’t and other girls came out and corroborated, or worse, even added to the charge he was doomed. All he could do was admit it and try to mitigate it by saying his client was drunk or something.
“My client will stipulate to the rape charge your honor.”
“The prosecution will accept that admission your honor.”
“Very well, move on please Miss Dixon.”
Paul Harvey then sat down and Melanie resumed as the prosecutor.
“I call Mr. Dominic Riccolli to the stand.”
He was duly sworn in and Melanie then laid into him.
“Mr. Riccolli you have heard the testimony so far and the accusations leveled against you. Do you dispute them or do you accept them as being true?”
“They are all lies.”
“I see, so even Mr. Bryant’s admission did not sway you. Miss Hogarth laid it all out on the table and explained what had happened to her and Mr. Bryant finally admitted to it – but you will not is that correct?”
“Damn right it is, I did nothing.”
“Mr. Riccolli, I have witnesses who can prove that you did these things. Are you sure you still wish to dispute them?”
“I do nothing wrong, have many enemies, people lie to get me out of way.”
The judge looked at Jusef Rubinsky, Mr. Riccolli’s lawyer.
“My client did not heed my advice your honor. He wishes me to proceed with his defense on all charges.”
“Very well Mr. Rubinsky.”
Melanie then stood up and requested a brief adjournment.
“Your honor the prosecution requests an adjournment to add several more witnesses to our list, those women from the Abuku Prince and also the captain of that vessel plus the Baltimore harbour master.”
The look on the defense lawyers faces was one of dismay. To a man they knew that they were going to be crucified by these witnesses and all hope of a plea bargain or reduced sentences was fading fast. Their clients had to fold right now or face significant jail time at the very least. The Coyne crew, with the exception of Bryant would get the least amount of time, The Riccolli’s and Bryant the most. This of course was all before the weapons charges would be brought up. They just had to get that issue off the table for now. A separate trial would be the ideal outcome, preferably one that none of them would be involved in. They had seen the evidence and they had seen this jury’s demeanor towards their clients already, it was not good. They had to sever the weapons case. Their best argument for that was to say that the jury would be tainted and biased due to this current human trafficking and rape trial.
During the adjournment all the defense lawyers huddled in a group. Each one trying to make it look to their Mafia bosses that they were worth every penny of their retainers. In reality they were all tied to the railway tracks and a freight train was heading their way at full speed and they all knew it. If those girls from the Abuku Prince ever got on the stand the lawyers felt that they too may be thrown in jail for life by merely defending these men. Oh all the girls were hookers, pole dancers, and not exactly amongst the town’s elite – but once they started recounting what had happened to them it was game over. They all knew that they could never allow that. Each one of them had approached Melanie separately seeking a plea for their client. Melanie was not interested, she was out for blood on this one and the defense knew it. All they could do was to approach the judge and change all their pleas to guilty and throw themselves upon the mercy of the court. The jury could be dismissed and a sentencing date could be given. They could apply for bail, but they all knew that a snowball in hell would have a better chance.
Jacob Swartz now sought a hearing in chambers with the judge together with the prosecution and the other defense attorneys. They put it to the judge that they would plead guilty to all charges relating to the African slavery and diamond smuggling, if a separate trial could be arranged for the arms and weapons case. To introduce that issue to this jury would be prejudicial and if their clients were seen to plead guilty to these charges, they may infer that they were guilty of these other charges also.
Sarah Graham thought for a moment.
“I agree Mr. Swartz it just might taint the jury, so I will sever those charges and arrange for a new trial date on those charges.”
“I will formally change our collective pleas to guilty, your honor, once the court resumes.
“Very well Mr. Swartz so be it. Miss Dixon I assume you are on board with this.”
“Yes your honor I am.”
“Well we are done here, 9:00 am in the morning then. Good day to you all.”