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Whether Dan liked it or not, he knew the jury would see this case as a grudge match between two men who despised one another. Maria did her best to call other witnesses and to suggest other ideas, but he knew that wasn’t fooling anyone. This was Pike vs. Sweeney, strong men who had crossed each other’s paths and interfered with each other’s plans too many times. One of them was telling the truth and one of them was lying. Possibly both were lying. But the jury would be forced to choose sides. Did they believe the wildly successful tech magnate and philanthropist, or the lawyer who had made a career out of protecting the accused?
Maria called a law professor, Philip Morrison, who had reviewed Dan’s father’s case and the courthouse files. He testified that although Dan’s father was convicted of murder, there was never any suggestion of a connection to organized crime, nor was there any reason to suspect that he had any such connections.
Despite the fact that they normally sat on opposite sides of the courtroom, Jake Kakazu agreed to testify for Dan. Though he talked about some of the cases he and Dan had worked together, and noted that Dan had always cooperated with the police, Jake primarily talked about the organ-smuggling raid. He established that Dan was the one who brought them the lead. In the course of his investigation into his father’s past, he learned that the cartel was skirting the port authorities and bringing some kind of cargo in late at night. According to Jake, he asked Dan to act as their front man. Past events had made Jake concerned that the department had a mole, that any of their officers might be recognized. He asked Dan to pretend to be the buyer and he agreed, despite the obvious danger. Jake also noted that when the shooting started, Dan did not run. He stood his ground, which was more than he might expect from some trained police officers.
That had to improve the jury’s opinion of him at least a little, didn’t it?
Despite her best efforts, Maria was only delaying the inevitable. Dan had to take the stand. Sweeney had already said his piece, so he had to do the same.
Maria called Dan’s name and he took his place in the hot seat. He marveled at how nervous he was. He’d been in courtrooms and spoken to juries many times—but always as an advocate, not a witness in his own case. Speaking on someone else’s behalf was an entirely different experience. Now he was in the awkward position of trying to convince people to believe him—and he didn’t like it.
Maria wasted little time unveiling his background. Most of it the jury already knew. He was a criminal defense attorney, he had worked on several controversial cases, and he helped the police on more than one occasion.
“Mr. Pike.” Maria was doing a good job keeping a straight face. It was probably a challenge to call someone “Mr. Pike” when not long before you’d planted a big hot wet one right on his lips. “Why did you go to the shelter on the day in question?”
“I wanted to speak to the defendant. Mr. Sweeney.”
“Why?”
“I’d been investigating what happened to my father. I’ve become convinced that there was much more to that story than came out at trial. I also found indications that Sweeney was involved. He knew Ellison and most of the other officers involved. He may have even known my father. I wanted to ask him about it.”
“Was that all?”
“No. As I mentioned, I’ve worked with the police to derail a South American cartel involved in sex trafficking and organ smuggling. I will be the first to admit I don’t know everything there is to know about these crooks, but time and again, I’ve seen Sweeney’s fingerprints. I don’t know the full extent of his involvement. Some members of the police believe he—”
“Objection,” Caldwell said. “Hearsay.”
The judge nodded. “Sustained.”
Maria continued. “What happened when you arrived at the shelter?”
“I asked a question. The defendant spotted me in the crowd. He started making statements I thought were defamatory. I replied.”
“You interrupted the press conference?”
“He asked for questions. I gave him one.”
“Are you a member of the press?” Maria was asking the questions she knew Caldwell would ask on cross. Better to get it out of the way up front.
“No. But nothing Sweeney said restricted questions to members of the press. He said, and I quote, Are there any questions? So I asked him a question.”
“What did you ask him?”
He watched the jury with a little side-eye. They did appear interested. He couldn’t be sure how much of they believed, but at least they weren’t dozing off. “I asked about his connection to the cartel, of course.”
“Did he deny it?”
“You heard the recording. I don’t think he ever actually denied it. Instead, he launched into a completely unrelated attack, first on my father, then on me.”
Maria took a few steps toward the jury box. “Mr. Pike, I’m sure you know what some people may be thinking. What you call attacks, the defendant calls facts. Or his constitutionally protected opinion.”
“If he had stopped at saying my father was convicted of murder, I might agree with that. There is much we don’t know about that case, much I believe was covered up, but he was convicted. But Sweeney didn’t stop there. He said my father was a dirty cop. That’s just a flat-out lie. He was never even accused of misconduct the entire time he served the public as a police officer. In fact, his record was exemplary and he was up for promotion.”
“I’m sure they will say the murder conviction makes him dirty.”
“No. That term suggests he did something dishonest as a police officer. That he was on the take. That’s a lie.”
Maria nodded. “Was there anything else in the defendant’s statement you found slanderous?”
Dan leaned forward a bit. “Much. He talked some nonsense about a murder gene.”
“And what is that?”
“That’s a reference to a pop psychology idea currently in vogue in some circles. I might add that there is no scientific basis for it and it has never been adopted by any reputable scientist or scientific agency. But it has been featured on television programs and shows up on the internet in tweets and such. The idea is that an inclination toward violent crime is hereditary. He was basically saying my father was a murder and therefore so was I. Which is a complete lie on all counts.”
“Just to be clear, Mr. Pike, have you ever committed a murder?”
“Never.”
“Do you feel you have violent or murderous tendencies?”
“Just the opposite. I have a reputation for keeping a level head when others might lose theirs. But if people heard him say I had the murder gene, are they likely to hire me as a lawyer?”
“I understand. Was there anything else Mr. Sweeney said that you found offensive?”
“Yes. He suggested that both my father and I have ties to organized crime. We don’t. We never have. No one, other than Sweeney has ever suggested that we do. It’s a complete falsehood. And an ironic one since, as I said, there are many indications that Sweeney has ties to a major South American cartel and has for decades. This could be the true explanation for his enormous wealth and—”
“Objection,” Caldwell said. “The witness has answered the question.”
“Sustained.” Judge Fernandez looked at Maria directly. “Anything else, counsel?” Clearly, he thought her job was done.
“Just one more question, your honor. Mr. Pike, do you believe these statements by the defendant have injured you?”
He didn’t miss a beat. “I know they have. I’ve had no new potential clients contact me since the incident. I normally get several a week. Part of it, I think, is the defendant’s suggestions that I’m dishonest or associated with crimelords. But part of it is simply that the defendant is a rich and highly prominent member of our city—with a reputation for taking strong action against his enemies. No one wants to get on Sweeney’s bad side. Similarly, no one wants to be associated with the lawyer he has declared to be his public enemy number one.”
“Any other damage you’ve suffered?”
“Yes. I...personally have experienced a great deal of...mental anguish. As you can imagine, this is a painful memory the defendant gratuitously trotted out in public. I know my father was wrongfully convicted. That’s why I’ve devoted so much time to investigating it. Sweeney did this for a specific purpose. To hurt me. Which it did.”
“Thank you. Pass the witness.”
He took a deep breath. He’d survived the direct examination, which was the softball part of the ballgame, but he was breathing deeply, his heart was racing, and he feared sweat was trickling down the side of his face. He’d practically melted, and that was with his friend asking the questions.
But the worst was yet to come.