Incriminating Evidence (6 page)

“Are you kidding me?” she asked. “Of course I want to continue. We can’t let them think that this will in any way impact the resolve of the prosecutor’s office. Simon Hernandez must face a jury for his crimes, and I intend to be the person prosecuting him.” If anything, these latest events made her more determined to push forward strongly. Yes, she knew they had to keep their guard up, but she refused to let fear dictate how she would live her life.

“I’m going to get out of here. You have extra security outside and, of course, Zach. So you will be secure,” Brodie said.

“Thank you.”

Brodie left, and now it was just her and Zach inside the safe house.

“You have a lot you want to say,” Zach said.

“You’re right. I don’t want you to beat yourself up over this. No one is perfect. I imagine that other FBI agents in your position would have acted the same way. You were just doing your job.”

He shook his head. “That was a world-class error, Jessica. And that’s why we need to talk.”

“All right.” She had an idea of where this was going, and she already didn’t like it. But she was going to hear him out.

“I’ve talked this over with Brodie, and he agrees. If you would prefer to have another FBI agent step in and replace me, then we will make that happen. As soon as tomorrow morning, in fact. Brodie has a couple of guys lined up.”

She shook her head. “No way. Would you expect me to just give up on you right now over one misstep?”

“I wouldn’t blame you one bit for wanting another agent on your security detail. I promise you it won’t hurt my feelings. I have to be objective about this. My lack of experience showed in that courtroom. I can’t deny that fact, and you shouldn’t, either. No matter how nice you want to be about everything that happened today.”

Now she was getting worked up. “Don’t do this, Zach. You’re selling yourself short. We all make mistakes. And I am glad you acted today, because what if that had been a gun? If you hadn’t reacted the way you did, I would definitely be dead. So if it means that sometimes we’re wrong in an effort to keep ourselves safe, that’s something I can more than live with.”

“Are you certain about this? Because I’m fully prepared to walk away.”

“You better not. You made a commitment to me, and you are going to stick it out. This is no time to run away. And you can tell the FBI that you are the only agent I will accept working with me.”

“I can’t believe you’ve placed so much trust in me.”

“Honestly, I can’t, either, but it feels right. And I do trust you—with my life. Don’t ever forget that.” She reached out and touched his hand. Finding contentment in the connection between the two of them. And maybe even a longing for something more. “You’ve been there for me each step of the way. So I’m here for you right now. I know this is tough for you, but it’s all part of becoming a better agent.”

He squeezed her hand. “I really appreciate you saying that.”

“And who knows? What if I totally lose it during my opening statement tomorrow?”

He smiled. “Then we’d be even, I guess. But I know that won’t happen. You’ve got this, Jessica. I can tell by the look in your eyes.”

“Thanks. It’s almost like I get a do-over. I was so nervous today. I have a feeling I won’t be nearly as nervous tomorrow. So at the end of the day, maybe it all worked out for the best.”

“I’m here for you. I wouldn’t want to have it any other way, and you need to know that.”

“Thank you.” She fought back the tears that were threatening to fill her eyes. Zach was a good guy. She’d experienced so much pain in her life. But letting Zach in wasn’t bringing her hurt—just the opposite. He was trying his best to protect her and keep her safe. She wasn’t used to anyone standing up for her. It was a job she had done by herself all her life, but having him by her side now felt right. And she didn’t want to let him go.

His phone rang, and she watched as he took it out of his jacket and answered. She listened to the one-sided conversation but couldn’t put together exactly what was going on. She waited for him to finish the call and then looked up at him as he frowned deeply.

“What’s wrong?”

“That was Brodie. He just got a call from the court.”

“And?” She wondered what they’d have to say about all of this.

“Judge Walker is unhappy about the entire situation. She has agreed to meet me in the morning. Brodie says she isn’t convinced that there wasn’t some sort of purposeful action on my part to delay things. That doesn’t make any sense to me, but I’ll have to convince her that I was just doing what I thought was best in the moment. All I can do is tell the truth. Brodie mentioned that by the end of the conversation she seemed more receptive.” He let out a breath. “She expects the parties to be back in the courtroom at nine a.m. tomorrow.”

“That reminds me. I need to talk to Ian and check in with him.”

“Okay, but since I feel like we have a totally open line of communication, I need to say something else.”

“All right. What’s on your mind?”

“I don’t trust Ian. He clearly has strong ambitions. I think he’s reaping all the benefits of this trial without having to actually put himself on the line.” Zach stood up and started pacing around the kitchen. “It bothers me that he’s using you like that.”

She stood and walked over to Zach. “But I don’t see it like that at all. This is an opportunity of a lifetime. He could take it away and do it himself or reassign it to a senior prosecutor. But he didn’t do that. He’s given me the chance to prove myself as a first-year lawyer. That’s something I can’t turn away from.”

“Even if it’s your life on the line?”

She smiled. “I have the best security team in the world. Even with all the threats, I’m perfectly safe. As long as you and your guys keep doing your job, then it will be fine.”

“I appreciate your faith in us especially after what happened today.”

“I don’t want you to think another thought about that. I need you fully back and engaged tomorrow for the resumption of trial.”

“And you need to get some rest. You’ve got a big day tomorrow.”

“Don’t worry. I’m ready. It will take a lot more than this to stop me from doing my job.” And she meant every word.

SIX

M
uch to her surprise, Jessica woke up the next morning having slept better than she had in days. Last night, she’d been forthright with Zach. She did appreciate the FBI team. They were top-notch, and seeing them in action gave her a level of comfort. Zach’s overreaction might not have been justified, but she appreciated his effort and attention to the threats. She had meant it when she had said that she didn’t want anyone else in charge of her security.

And this afternoon as she sat at the counsel’s table readying herself for her opening statement, she maintained her focus. It occurred to her as she gripped a red pen tightly in her hand that she was angry. The Hernandez family thought they could bully her into submission, but that wasn’t how she operated. No, she was going to face down Simon and try her best to get a conviction—even against all the obstacles that had piled up in her way.

“The floor is yours for opening statements, Ms. Hughes,” Judge Walker said.

Because of her reputation of being tough on criminals, Jessica felt she had an ally in Judge Walker. But the judge would still be fair in her rulings even if Hernandez was guilty.

She looked back and saw that Zach was in the front row. He gave her a slight nod. She had this.

“Thank you, Your Honor. And good afternoon, ladies and gentlemen of the jury.” Much to her surprise, the defense hadn’t moved for a new jury after yesterday’s events, but the judge had ordered it. So now with the new jury they had spent the morning picking, they were ready to go.

“The evidence will show that the defendant, Mr. Simon Hernandez, is guilty of multiple criminal counts of money laundering under the federal and state laws. Let me unpack that just a little bit for you. The first count of money laundering is that the defendant, Simon Hernandez, engaged in financial transactions, involving the proceeds of crimes, in order to conceal the fact of the underlying criminal activity. The second count of money laundering is that Mr. Hernandez engaged in financial transactions involving criminal proceeds in order to evade taxes on the income produced by his criminal activity. And the final count alleges that Mr. Hernandez transported funds generated by criminal activities into and out of the United States in order to promote his criminal activities.”

She made direct eye contact with each and every juror as she walked them through the charges in more detail, giving them a preview of what was to come. It wasn’t her style to be inflammatory or over-the-top. Financial crimes were difficult to simplify and even more difficult to discuss in a manner that didn’t put the jury to sleep. This case didn’t have the purely emotional appeal a murder case would. But the jury stayed with her during the forty-five-minute opening statement.

When she sat down, she felt she’d done the best job she could. Now it was time to watch Mateo in action. It was guaranteed to be a show. Mateo was known as being a highly flamboyant and animated defense attorney.

“I’m Mateo Tyson. I represent Mr. Hernandez. I won’t take as much time today as Ms. Hughes took, and the reason behind that is actually pretty simple. The state has the burden of proof in this case. And the state simply won’t be able to produce a shred of credible evidence tying Mr. Hernandez to any of these alleged crimes. Regardless of all of the smoke and mirrors from Ms. Hughes, at the end of the trial you will have to ask yourself if the state has proven their case beyond a reasonable doubt. And I am confident that once all the evidence is presented, my client will be acquitted.”

Mateo went on and covered a few factual points, but, true to his word, his opening was about half as long as hers and presented with the ease and technique of someone who’d been lawyering for twenty-five years. She knew she had the harder job. Especially since they’d killed off her star witness. But unfortunately she couldn’t say that. The reason for Denise’s unavailability for trial was prohibited from being discussed because it had been determined by the judge to be unduly prejudicial to the jury. Of course, if the jury heard that the star witness had been murdered just days ago, it would impact their thinking. Which is why the judge barred the introduction of that evidence. So Jessica was stuck with what she had. Which admittedly wasn’t much.

“Call your first witness, Ms. Hughes.”

The rest of the afternoon progressed with Jessica laying out her case the best way she could. But she could see the skepticism apparent on the faces of a few of the jurors. By the time the judge decided to recess, Jessica was ready to call it a day.

She made the mistake of looking over at Simon, and he grinned at her. The man was certainly trying to get into her head. But she wouldn’t succumb to his games—whether they were mental or physical threats.

“Good job,” Zach said into her ear.

She turned to face him. “Thank you.”

“Let’s get you out of here.”

“That would be great.” She needed to decompress after a full day in court.

By the time they got back to the safe house, she was ravenous and glad that one of the agents had dinner brought in quickly.

As she sat across the table from Zach, she wanted to know his thoughts. “I have to ask—how do you think it went today? And before you answer, you don’t have to be diplomatic. You won’t hurt my feelings. I want your honest opinion.”

He nodded. “Don’t worry. I think you’ll find out soon enough that I’m a straight shooter. Maybe to a fault. I think your performance was strong. You were in command of the evidence and had a strong presence in front of the jury. But I think there are some big evidentiary holes that we both knew would be a problem.”

“You’re right. I noticed a few jurors seemed particularly skeptical about some of what I presented and the connections I was trying to make.”

“You can only do what you can with what you have. As long as you do your best, then that’s all anyone can ask for.”

She rubbed her temples. “And if Simon walks, then what?”

“There’s always the investigation into Ana. She’s even dirtier than Simon.”

“I don’t know if the state would want to immediately take her on if Simon is acquitted.”

“Nothing you can do about that, either. All you can do is focus on what is in your ability to control.”

“I hear you. But it’s easier said than done.” Worrying about things that were out of her control was one of her weak points.

“Did you happen to see who was sitting in the back row of the courtroom?”

“Luke Hernandez?”

“Yes. And he was there yesterday, too.”

Zach just wouldn’t give up on his pursuit of Luke. “Are we back to that again?”

“Yes. Don’t you think it’s strange? Why would he be coming to his brother’s trial if not to show support?”

She leaned forward. “Maybe he wants to see his brother be held responsible for his crimes. Have you even considered that?”

He crossed his arms. “I like my theory better.”

“But Luke is not our problem. Even if he wanted to be there because his brother was on trial, I don’t think that’s a crime.”

“It’s just the optics of the entire thing. The message that it sends that a member of the Miami police department would be in any way supporting the defense.”

“I think you should focus your time elsewhere.”

“I know I won’t be able to convince you without evidence directly tying Luke back to the family. Regardless of his exact intentions, I don’t trust him.”

* * *

After sitting through three days of trial, Zach was anxious to know what verdict the jury had reached. While Jessica had done an admirable job, he was worried that the jurors would find more than enough reasonable doubt. But Jessica didn’t really seem fazed by much—whether it was an attack on her life or the possibility of an acquittal. She stayed strong and continued to impress him by the minute. He admired her tenacity and ability to push through in the face of adversity.

As the jurors were led back into the courtroom, he took a few deep breaths. His focus still remained on Jessica’s security.

“Have you reached a verdict?” Judge Walker asked the foreperson.

The foreperson stood. “Yes, Your Honor. We have.”

Zach watched on with anticipation as the verdict was handed to the judge to review and then back to the foreperson. He looked over at Jessica, who sat devoid of any expression. His stomach tightened as he felt certain he knew what words were going to come out of the foreperson’s mouth.

“On the first count of money laundering, we the jury find Simon Hernandez not guilty.”

The foreperson kept on reading, finding Simon not guilty on all three counts. The courtroom crowd started talking, which drew consternation from the judge.

After the judge dismissed the jury and court was officially out of session, Zach walked up to Jessica, who was gathering her things at counsel’s table.

“I’m going to have to take a few questions from the media. Ian said I would need to do that regardless of the outcome.” She put her laptop bag over her shoulder. “I have to act like this is just business as usual.”

“I’m sorry about that. I’ll be right beside you, though.” And he meant it. He was going to stick close to Jessica, not only for her own security but also for the moral support. Even though they were both expecting a not-guilty verdict, it was still tough to have to manage the aftermath. He didn’t envy her position one bit. And he wasn’t going to take any chances with her safety. Even though the trial was over, an official threat assessment still needed to take place.

She looked up at him. “The media hounds will be right outside the courthouse wanting to get statements and ask questions.”

“Understood. Better for you to just get this over with, then.”

He guided her out the courtroom doors and down the long corridor to the front exit of the building. They still had their FBI team working the perimeter and assisting him with Jessica’s security. He felt pretty sure that between all the agents, she’d be secure in speaking with the media.

“Here goes nothing.” She stepped out of the building onto the courthouse steps, where there was a crowd of reporters waiting for her.

He was on high alert as he scoped out all the faces. The likelihood of something happening right after the acquittal would be low given that the Hernandez family was probably too focused on celebrating. But he was still cautious as he surveyed the crowd. The flashing lights from the photographers drove him crazy, but there was nothing he could do about it.

“Ms. Hughes,” one female reporter yelled out. “What do you think about the jury’s verdict?”

He looked on and prepared himself for the worst, but Jessica kept her composure and made direct eye contact with the reporter. “I respect the jury’s decision and appreciate them taking time out of their schedules to do their civic duty.”

“But you can’t feel good about this?” the reporter followed up.

“I’m obviously disappointed, but that’s the nature of litigation and our criminal justice system. It’s much harder for the prosecution to prove beyond a reasonable doubt. We have those checks and balances in the system for a reason, and I also respect that. At the end of the day, of course, my hope was for a guilty verdict on all three counts, but that didn’t happen. We will move on from this and continue with our business at the prosecutor’s office.”

A male reporter stepped forward. “How do you answer criticism that you never should’ve been the one trying this case to begin with since you just graduated law school and haven’t even been at the prosecutor’s office for a full year?”

Ugh.
Talk about a low blow. Zach had confidence that Jessica wouldn’t be so easily rattled by comments about her level of experience.

She smoothed down her suit jacket and straightened her shoulders, standing tall. “While you are correct about me being a fairly new lawyer, I worked on this case for months under a very seasoned lawyer who, because of health reasons, had to step aside. I was fully prepared, and I did the best I could do with the evidence I had.”

The male reporter took a step forward. “And why was your case so weak?”

“Our case wasn’t as strong as we would’ve liked, but a lot of that was beyond our control.”

“Why didn’t you have better evidence, though?” another reporter chimed in.

“We had an eyewitness that unfortunately was murdered before the trial.”

A loud set of gasps rippled throughout the crowd. Zach was surprised, too. He hadn’t expected Jessica to put that out there like that. But she acted as if she knew exactly what she was doing.

“What do you mean?” the reporter asked.

“Why didn’t we hear about this?” another reporter yelled.

The media circus had just gone from one ring to three. He stayed close to Jessica, keeping his eyes on the crowd.

“I can explain. You never heard about our witness because we were subject to a gag order on this topic. But now that the case is over, I can speak freely.”

“Who was this person?”

“Her name was Denise Landers, and she worked for the Hernandez family, handling their accounting. Suspiciously, right before trial, our star witness was murdered. I don’t think I have to spell it out for any of you. So that obviously impacted our case.”

“What would Ms. Landers have testified to?”

“As an accountant for Simon Hernandez, she had personal knowledge of facts that would have substantiated all aspects of the case.”

The reporters kept yelling out questions, but Jessica was done. “Thank you, everyone.” She nodded toward Zach, and he took her by the arm and escorted her down the steps to where the SUV was waiting for them.

Once in the safety of his SUV, he looked over at her. “You’re putting on a very brave face, but I know you have to be upset.”

She nodded. “I am, but this outcome wasn’t unexpected.”

“You threw me a curveball back there. I had no idea you were going to bring up Denise’s murder to the media.”

“I had Ian’s approval to do so once the verdict was issued. And when they went in for the kill, I figured I would give them something to think about. If nothing else, it certainly raises the possibility of Simon’s guilt at least with the public and in the media. It’s a very small victory, but it’s something.”