Counsel (Counsel #1) (14 page)

There’s no immediate response. I turn to see Justin whispering agitatedly to Tom while his co-counsel listens with a look of concern.

"Counsel?" Judge Bolton prompts tersely.

"I apologize, Your Honor. With the court’s permission, I need a few moments to confer with my client." Tom turns to Justin when granted permission. A quiet and obviously heated discussion ensues. Justin shakes his head angrily. "Leave her alone; she doesn't deserve this shit," he tells Tom. I can't see Tom’s reply, but Justin responds angrily. "Just fucking do as I say, or I'll fire your ass right now." He stares Tom down.

"No questions, Your Honor," Tom finally announces.

I watch her leave, eyes glistening and head held high. The woman remains a mystery to me. All I know is that she confounds me, and for the first time since first appearing in a courtroom, I can, with all honesty, say that I've found no joy in breaking down a witness.

"Court is adjourned. We'll reconvene at ten tomorrow morning," Judge Bolton announces, thankfully, ending the day’s ordeal.

"What is it, Adam?" Cait demands, watching me closely.

I know from experience that she won't give up until I tell her something. The thing is, I’m not too sure
what
to say. I'm still trying to sort it out in my own mind. When we left court, she suggested that we have dinner. I declined, knowing her intention, but she dug her heels in.

"Dinner will be ready when you get home. You can shower and relax before we eat," she insisted. I know my sister well enough to know that by eat she meant talk.

"I have a lot of work to do, and I really won't be good company. Why don't I take you and Matt out over the weekend?" I countered.

"Matt won't be joining us. Be home by eight, big brother," she replied, and I wished, for a fleeting moment, that I hadn’t given her a key to my apartment. So here we are now; Cait looking at me expectantly, either oblivious or not caring about the internal battle I’m waging.

"Adam!" she exclaims impatiently.

"I’m conflicted," I finally say.

"About the case? Justin’s an adult; he knew what he was doing…well, even if he didn't know
everything
, he knew enough. And that deal he made for that poor woman…"

"You think she had no choice in the matter?" I ask sharply. She scrutinizes me with narrowed eyes.

"This is about
her
isn't it?"

"It's not about her. Let's not discuss her."

"You can't fool me, and stop fooling yourself. I noticed your reaction when you saw her on that bench. What's going on?"

"I need a drink for this, do you want anything?" I ask, resigning myself to the interrogation to come.

"Just water," she replies, looking on in concern as I pour myself an unusually large brandy.

Once I start, the words seem to gush out like water from a burst dam. I tell about the first time I met Angelique. Cait laughs so much, she has to hold her stomach when I relate how she’d called me melodramatic and then given me a false name. "She has spirit and a sense of humor. I like that," she chortles.

She smiles knowingly as I relate my reaction at seeing Angelique in the viewing room and laughs uproariously when I describe our first encounter and my subsequent discovery of her identity as the runaway driver. Mirth turns to concern when I describe my dream featuring Eleanor and Angelique. I do
not
share the one about her being in my bed; there’s no way I'm going to let anyone, even Cait, know just how deeply she affects me.

"Oh, Adam, don't you see what's happening?"

"Of course, I see. This case has stirred up my past. I get
that
!"

"It's painful, I know, but I think it's a good thing if it helps you to finally accept that Eleanor was a victim. She had little or no support, Adam. I'd like to think that in her position, I'd have done differently, but then I'd never have to find that out, would I? I’ve always had Mom and Dad, and then you; and Matt would never abandon me like your father did Eleanor. Sorry…" She kisses my cheek apologetically. "But do you hear what I'm saying?"

I nod. "I've accepted that Eleanor was victimized, but I'm still trying to come to terms with it all."

"And Adam…" She touches my face to ensure she has my full attention.

"I think your feelings for Angelique Bain go deeper than seeing Eleanor in her…" She holds up a hand to stop my interruption. "I've never seen you look at a woman the way you look at her."

"
How
do I look at her?" I ask, the words unthinkingly leaving my mouth.

"With longing," she says decisively.

'Caitlin, I don’t…"

Her light laugh echoes throughout the room. "Oh big brother, you may fool yourself, but you don't fool me." Her face softens as she clasps my hand. "If you're interested in her, you should explore your feelings."

"I can't, and I won't, Cait. She's involved in this case; she's worked as a prostitute …" She cuts me off with a dismissive gesture.

"The case ends soon, and anyone can tell she's not
just
a prostitute; well not by normal standards anyway. The woman on that stand today has been used and hurt. You know nothing about her other than the evidence you’ve gathered; deep down you know that.
That's
why you told Jodi to talk to her. Don't judge her until you know more about her, Adam.

"Anyway, I have some news for you," she changes the subject abruptly. "I'm pregnant."

"
What
?" I lean back to better see her face.

"I performed a home test a week ago, and I have an appointment to see an obstetrician tomorrow."

"That's why you refused wine with dinner; actually, you haven’t been drinking alcohol for some time. I'm so damned stupid…and so happy. Congratulations, Sis." I pull her into my arms to kiss the top of her head. "Have you told Mom and Dad?"

"I'll tell them when I get confirmation."

"Text me as soon as you know. I'll take the family out to celebrate on Saturday; you choose the restaurant," I promise, unable to wipe the smile from my face. "Mom’s going to be over the moon. We have to get the renovations done as soon as possible, what can I do to help?"

"It’s all under control, thanks. Matt was going to call you to let you know we plan on starting work in the next few weeks."

"Good! I can't wait to be an uncle. Are you feeling all right?"

"Slow down, Adam. I can't imagine what you’ll be like when you're an expectant father."

We spend the rest of the time before she leaves talking about family and their upcoming renovations. That night, I fall asleep easily, the thought of my sister and her family living next door providing a feeling of contentment I haven’t felt in quite some time.

.

.

In court the next morning, Tom prepares to question the first defense witness.

"Professor, would you please state your full name and occupation?" he asks.

"I’m Kevin Lambert, a lecturer in law at New England."

"How long have you been teaching law, Professor?"

"It’s been close to eighteen years."

"Thank you, Professor. Would you please explain the meaning of the term ad idem?"

"Ad idem is a term used in contract law. It’s best described as a meeting of the minds and essentially means when two parties share the same understanding of an agreement made. If either one has a misunderstanding or his or her understanding differs from the other, then the contract is deemed invalid."

"So there would have to be a meeting of the minds or mutual understanding for a contract to be deemed valid?"

"Most definitely."

"Would it be considered a mutual understanding if one of those parties is under a misapprehension or has been knowingly or unknowingly misled, Professor?"

"It would most certainly not be."

"In your view, should ignorance either of the law or circumstance be a mitigating factor in determining guilt?"

"Consensus is that the law cannot accept ignorance as a defense. I understand the rationale, but it is my belief, in jurisprudence, that it should be considered and as such, taken into account when determining guilt or sentencing."

"Are you saying, in your expert opinion, that a party who had been misled should have that fact taken into account in determining his or her guilt?"

"Objection, Your Honor. Asked and answered," I interject.

"Sustained," Judge Bolton decides. Satisfied that he's made his point, Tom announces ‘no questions’, and I’m invited to cross.

"Professor, would you tell the court what the term capacity means in the eyes of the law?"

"It's the determination of whether a person had a legal right, power or competency to perform an act and the ability to understand the consequences of their actions."

"Would a qualified lawyer be deemed competent to negotiate a contract?"

"Yes, if…"

"Yes or no, Professor.
Would
a qualified lawyer be deemed competent to negotiate a contract?"

"Yes, he or she would."

"And would that same lawyer, if he or she were deemed to be of sound mind and under no duress, be seen as having the mental faculty and professional knowledge to understand what investigations should be undertaken before entering into a binding contract?"

"Yes; if the person is judged not to have diminished mental capacity."

"Would you explain the term jurisprudence, please?"

"It means the theory or philosophy of the law."

"It is your stated opinion, that in
jurisprudence
, ignorance should be taken into account when assessing guilt or culpability, is that correct?"

"It is."

"So, what you are saying is that,
in theory
, you believe that ignorance should be taken into account?"

"Yes, I am."

"What about in practice?"

"I'm not sure I understand your question?"

"Professor, your view is based on a
philosophical
argument or view of the law, is that right?"

"It is."

"How would your theory relate in a
practical
sense? In this courtroom and others across the country, the world even, attorneys and judges deal with the
practice
of the law, not philosophical debate. So I'm asking, how do you see your theoretical approach to ignorance being enacted?"

"Well…" He starts, but I interrupt.

"Is it your view that the negligent or the deceitful should be allowed to trade on ignorance, be it real or contrived? Is
that
what you truly believe… what you are advocating Professor? That the Commonwealth,
this
court, should excuse a person who is a trained lawyer on the basis of his or her plea of ignorance or having been misled? Should this court simply ignore the fact that he or she had been schooled in contract law?"

"Objection, you honor, badgering!"

"Your Honor, I am merely asking the witness to expound on a theoretical response he's given the court."

"Overruled, but Counselor, you are walking a fine line," Judge Bolton warns me.

"No further questions, Your Honor," I declare.

Tom, probably realizing that he’ll only further muddy the waters by having his witness expound on his theory, declines to redirect. He calls their second witness, Connor Jones, a certified public accountant, whose firm has acted for Justin for many years. The man looks decidedly uneasy when taking the stand. Tom’s questions reveal that Justin conducted preliminary investigations into Fidelity before passing the contract onto Jones, Jones, and Herbert for review. Jones also confirms that his company manages all Fidelity's accounting and financial matters on Justin's behalf.

"Mr. Jones, how often is profit from Fidelity's business dispensed to its owners?" Tom asks.

"Half-yearly," he replies.

"Does the money go directly to my client, or is it channeled through your company?"

"The funds are deposited into an account we set up on Senator Wade’s instructions."

"Does your company undertake the management and financial reporting of this account?"

"We do for all Senator Wade’s business interests. We also prepare quarterly reports for the senator, prepare and lodge annual accounts with the IRS and pay any taxes when required."

"How often did my client draw down on funds received from Fidelity?"

"Senator Wade didn’t ask for any of those funds to be transferred to his personal accounts. They, along with revenue from his other business interests were reinvested."

"Does he manage his own investments?"

"The senator is very astute financially and holds strong views on how his funds should be invested, but we are responsible for managing his investments and all accounting related matters. He meets with the J.J. and H team quarterly to review results.

"Has my client ever asked you to do anything illegal, Mr. Jones?"

"No, Sir. The senator has always been meticulous in his business dealings."

Although not blatant in his questioning, Tom has managed to indirectly implicate the accountants in the oversight in due diligence. He’s also successfully distanced his client from the day-to-day management and the actual use of the funds from an illegal business. In the process, he’s also gained an endorsement of Justin’s meticulous and ethical approach to business. He thanks Jones and informs the court that he has no further questions.

If Connor Jones had been uneasy when first taking the stand, he's looking downright uncomfortable as he waits for my first question. I wonder just how much his trepidation is linked to his fear of negatively impacting his company's relationship with a valuable and longstanding family of clients because Jones, Jones, and Herbert don't only manage Justin’s affairs, they've been accountants to the Wade family for decades.

We had, prior to trial, gained permission to subpoena the last eighteen months of Justin’s bank statements. Jones was truthful when testifying that Justin hadn’t drawn down income from his Fidelity related bank account. Those funds have now been frozen and are subject to forfeiture.

Sigma, the subsidiary of Fidelity Properties and its operations, including all its nightclubs, have been forcibly closed down. Fidelity Properties have been ordered to forfeit the revenue and any interest received from Sigma. Investigations into Fidelity and other legitimate Cordi businesses have also been opened to ensure that they hadn’t been used to launder the proceeds from the sale of drugs and other crimes.

"Mr. Jones, do you recall meeting with the defendant to discuss his purchase of equity into Fidelity Properties?" I ask.

"I do," he replies.

"How many meetings were there?"

"The senator and I met twice."

"Would you explain how those meetings came about?"

"Senator Wade called me to set up a meeting to discuss a new business venture. We arranged to meet at our offices later that evening."

"Do you remember the date?"

"It was in either late January or early February of two thousand thirteen, I think."

"Can you be more exact, Mr. Jones?"

"I'm unsure of the exact date," he says, his voice strained.