Wild Justice (9 page)

21 The Cardoni case had created big-city parking problems in Cedar City, and Amanda drove around town for fifteen minutes looking for a space. At the courthouse, Amanda went to the head of the line of people waiting for the first available seat in Judge Brody s courtroom and showed her bar card to the guard. Frank was conferring with Cardoni at the defense counsel s table while they waited for the judge to make his entrance. Their client was wearing a charcoal gray business suit, a white silk shirt and a blue tie with narrow yellow stripes. Amanda could understand why someone as sophisticated as Justine Castle would fall for the surgeon. He had rugged good looks and broad shoulders. He also looked dangerous, leaning slightly forward, tense, like a hunted animal. You made it, Frank said with a smile. I almost didn t. There isn t a place to park in the whole town. I got lucky over by Stokely s. Vince, you remember my daughter, Amanda? She helped me research the motion, and I wanted her as second chair in case we re faced with a tricky legal issue. Cardoni barely acknowledged Amanda. She forced herself to smile at him and took her seat. She was glad that her father was sitting between her and their client. Amanda had barely gotten her papers out of her attachase when a door opened behind the dais and the judge entered the courtroom. The bailiff rapped his gavel, and everyone stood until Judge Brody indicated that they could be seated. Are you gentlemen ready to proceed? Brody asked. Scofield nodded from his counsel table. Ready for Dr. Cardoni, Your Honor, Frank Jaffe said. Opening statement, Mr. Jaffe? A brief one, Your Honor. We are seeking to suppress every piece of evidence gathered at a cabin in Milton County and Dr. Cardoni s home in Multnomah County. The state searched the Milton County house without a warrant, so it bears the burden of convincing the court of the existence of an exception to the state and federal rules requiring government agents to procure a warrant before searching a citizen s home. The search of Dr. Cardoni s Portland residence was conducted pursuant to a warrant, but the warrant was issued because of information in an affidavit. We contend that the evidence discussed in the affidavit was obtained during an illegal warrantless search of the Milton County home. If the court agrees, we ask you to suppress the evidence gathered in Portland under the fruit of the poisonous tree doctrine, which I have discussed in the memorandum of law submitted by me in support of this motion. Very well. Mr. Scofield, what is your position? Scofield rose slowly. He rocked in place as he spoke. Well, Judge, Detective Robert Vasquez, a Portland police detective, received an anonymous tip informing him that the defendant was holding two kilos of cocaine in his home up here in Milton County. He ll tell you that he corroborated the tip, then had to act fast because he learned that the sale of the coke was imminent. He rushed up here and searched the house without a warrant because he had established exigent circumstances. As it was, he missed the sale. As the court knows, a police officer does not have to stop and get a search warrant if he has reason to believe that stopping to get the warrant will lead to the loss or destruction of the very evidence that he wants to seize. Of course, if the search here in Milton County was okay, there was nothing wrong with using the evidence found in the mountain home as the basis for probable cause in the warrant affidavit for the defendant s Portland house. Who s your first witness, Mr. Scofield? Judge Brody asked. The State calls Sherri Watson. Watson was the receptionist at vice and narcotics who had transferred the anonymous call to Vasquez. After she testified that the call had in fact been phoned in to police headquarters, Scofield called Bobby Vasquez to the stand. Vasquez was wearing a navy blue sports jacket and tan slacks. Amanda thought he looked nervous when he took the oath. He took a sip of water as he waited for the district attorney s first question. Please tell the court the circumstances that led you to search the Milton County cabin without a warrant, Scofield asked after the detective recounted his background in police work. I was at my desk in vice and narcotics writing a police report when the receptionist put through a caller who wanted to report a crime. I was the only one available, so it was chance that I caught the call. What did the caller tell you? Scofield asked. The informant said that Dr. Vincent Cardoni was going to sell two kilos of cocaine. Did the caller tell you where the defendant was keeping the cocaine? Yes, sir. In a mountain cabin here in Milton County. Did you obtain a warrant to search the cabin? No, sir. The caller never identified him- or herself. The tip was anonymous. I knew I needed corroboration before I could go to a judge. Did you try to corroborate the call? Scofield asked. Yes, sir. I confronted a known drug dealer who knew the person who had sold Dr. Cardoni the cocaine, and he confirmed that Cardoni was going to sell the two kilos. Did your informant know who was buying the two kilos of cocaine from the defendant? No. Just that Dr. Cardoni was selling and that the two kilos were supposedly in the doctor s cabin. So he corroborated the anonymous caller s statement that the drugs were in Milton County? Yes, sir. Now that you had corroboration, why didn t you get a warrant? There wasn t time. I talked to this informant in the afternoon. He said the sale was going down that day. It takes about an hour and a half to drive to the defendant s house from Portland. I was afraid that I would miss the sale if I waited for a judge to issue a warrant. Tell the judge what happened when you arrived at the cabin. I gained entry to the house. Once I was inside I noticed a padlock on one of the doors on the bottom floor. This made me suspicious, and I concluded that it was probable that the defendant had locked the room to protect his contraband. How did you open the lock? With a lock pick I had with me. Did you find cocaine in the ground-floor room? Yes, sir, Vasquez answered grimly. What else did you find? The severed heads of two Caucasian females. There was a stir in the courtroom, and Judge Brody rapped his gavel. While order was being restored, Vasquez took a drink of water. Can you identify these items, Detective Vasquez? Scofield asked. Vasquez took three photographs from the district attorney and identified them as different views of the refrigerator and its contents. Scofield handed the photos to the judge and moved to enter them into evidence for purposes of the hearing. Brody s face drained of color when he saw the pictures. The judge looked at the evidence quickly, then turned the photographs facedown. After finding the severed heads, did you call the Milton County Sheriff s Department? Yes, sir. What happened then? Representatives of that department, the Oregon State Police, and the Portland Police Bureau arrived at the scene and conducted a thorough examination of the premises. Were a number of physical items, including numerous pieces of scientific evidence, seized from the cabin? Yes, sir. Your Honor, I am handing you State s exhibit one. It is a list of all the items seized from the cabin. Rather than having Detective Vasquez take up court time, Mr. Jaffe and I have stipulated that this is the evidence that the defendant wishes to suppress. Do you so stipulate, Mr. Jaffe? the judge asked. Yes, Your Honor. Very well, the stipulation will be accepted and the list will be admitted into evidence. Proceed, Mr. Scofield. Scofield walked Vasquez through the search of the Portland home, then concluded his questioning. Your witness, Mr. Jaffe. Frank leaned back in his chair and studied the policeman. Vasquez sat quietly, looking very professional. Detective Vasquez, how many other officers accompanied you to the cabin when you made the search? None. Frank looked bewildered. You expected to meet two or more men who were trafficking in cocaine, did you not? Yes, sir. You presumed that they would be dangerous, didn t you? I didn t know. Isn t it true that drug dealers often carry guns? Yes. Are they frequently violent men? They can be. And you went to meet these drug dealers, who were most probably armed, without backup? It was stupid. In retrospect, I guess I should have brought help or called on Sheriff Mills to assist me. So you lay your failure to bring backup to stupidity? Vasquez nodded. I should have known better. Could there have been another reason why you drove to the cabin alone? Vasquez thought for a moment. I m afraid I don t understand the question. Well, Detective, if there had been other officers there, they would have witnessed your illegal entry into the cabin and could have testified against you, couldn t they? Objection, Scofield said. The court will decide if the entry was illegal. Sustained, Judge Brody agreed. Detective Vasquez, have you read the fingerprint report from the Oregon State Police? Yes, sir. Were your prints lifted from the crime scene? No. And why is that? I wore latex gloves. Why would you do that? Vasquez hesitated. He had not anticipated this question. I, uh . . . It was a crime scene, Counselor. I didn t want to confuse the forensic experts. What confusion could there be? Your prints are on file. It would be very easy to eliminate them. I didn t want to cause the lab extra work. Or leave incriminating evidence of an illegal break-in? Frank asked. Objection, Scofield said. Sustained, Brody said. Stop throwing mud on this officer s reputation and move on, Mr. Jaffe. Yes, Your Honor. Detective Vasquez, you testified that you met the informant who corroborated the anonymous caller on the afternoon of the day you searched the cabin? That s correct. As soon as you had your corroboration, you drove to Milton County? Yes. I felt I had to go immediately or risk missing the sale of the cocaine. I gather that the informant who corroborated your information was the only witness you talked to that day before heading for Milton County? Right. What is the name of the person who corroborated your information on the day of the search? I m afraid I can t reveal that, Mr. Jaffe. He spoke to me on a guarantee of confidentiality. Your Honor, I ask the court to instruct the witness to answer. Otherwise you will be in the position of having one anonymous informant corroborating another. Brody turned to Vasquez. Why won t you reveal this man s name? He would be in great danger, Your Honor. He could even be killed. I see. Well, I m not going to risk that, Mr. Jaffe. If you are implying that no such witness exists, I ll just have to judge Detective Vasquez s credibility. And I assume that you will suppress all of the evidence if you conclude that the officer is lying? Of course, Brody answered with a scowl, but you re a far way from establishing that, Mr. Jaffe. The ghost of a smile played on Frank s lips as he told the court that he had no more questions of the witness. After a brief redirect examination of Vasquez, Fred Scofield summoned several more police witnesses. Judge Brody called a halt to the proceedings a little before noon, and the spectators rushed for the door. Frank and Fred Scofield walked over to the judge and had a quiet conversation at the bench while Amanda started collecting her papers. How do you think your father did? Cardoni asked. I think he scored some points, Amanda answered without looking at the doctor. Cardoni grew quiet. Amanda finished packing her attachase. You don t like me, do you? The question startled Amanda. She forced herself to look at Cardoni. He was slouched in his chair, studying her. I don t know you well enough to like you or dislike you, Dr. Cardoni, but I am working very hard to help you. That s nice of you, considering the fee I m paying your firm. This has nothing to do with the fee, Doctor. I work hard for all of our clients. How hard can you work when you think I killed those people? Amanda colored. My belief in your guilt or innocence has no effect on my professional performance, she answered stiffly. Well, it matters to me, Cardoni said just as the guards who were going to escort him to the jail appeared. Cardoni turned away from Amanda and put his hands behind his back. Amanda was relieved that their conversation was over. Frank returned to the table while the guards were securing Cardoni s handcuffs. The judge has some matters in other cases at one-thirty, he said to his client. We should start at two. Fred is resting, so it s our turn to put on witnesses after lunch. I ll see you in court. The guards led Cardoni away. You going to Stokely s? Frank asked Amanda. Where else? Want to join me? Sorry, I can t. I have a lot to do during the lunch hour. Eat a big slice of pie for me. You bet, Amanda said. Just as she reached the courtroom door she turned slightly and saw Cardoni watching her. His scrutiny unsettled her, but she forced herself to meet his eyes. For a moment she refused to back down. Then a thought occurred to her. It did not take much courage to confront a prisoner in manacles who was surrounded by guards. Would she have the courage to stare him down if he was loose? The odds were that Cardoni would be convicted, but Frank was very good. What if he won freedom for the surgeon? Would he remember her brazen stare? Amanda s mouth went dry. She decided that she did not want to antagonize Cardoni; she did not want him thinking about her at all. Amanda broke eye contact and hurried out of the courtroom.

22 Any witnesses for the defendant, Mr. Jaffe? I do have a witness, Your Honor. He s waiting in the hall. May I get him? Amanda watched her father walk up the aisle and into the courthouse corridor and return with a hulking, bald-headed man. Fred Scofield frowned, and Bobby Vasquez turned ash gray. Please state your name for the record, the bailiff instructed the witness after swearing him in. Arthur Wayne Prochaska. Mr. Prochaska, how are you employed? Frank asked. I manage a couple of bars in Portland. Would one of those bars be the Rebel Tavern? Yeah. Mr. Prochaska, Frank asked, do you know a police officer named Robert Vasquez? Sure, I know Bobby. Can you point him out for the record? Prochaska grinned and pointed directly at Vasquez. He s the good-lookin fella sitting behind the DA. When is the last time you spoke with Officer Vasquez? Prochaska looked thoughtful for a moment. We met at the Rebel the day he found those heads. It was afternoon. I read about them heads in the paper the next day. Why did you meet with Officer Vasquez on that day? He asked me to, Prochaska answered with a shrug. I wasn t doing anything, so I said okay. Did Officer Vasquez explain why he wanted to talk to you? Yeah. He said a friend of mine sold some doctor cocaine. I told Bobby I didn t know anything about it. To tell the truth, I was pissed off that he would ask me to rat out a friend. Was the doctor he asked you about Vincent Cardoni? Right. That was the guy. Cardoni. Did you know Dr. Cardoni? Never heard of him until Bobby showed up. Did you tell that to Officer Vasquez? Yeah. Did Officer Vasquez try to bribe you? I don t know if you d call it a bribe. The cops do it all the time. You know, they bust you, then they tell you they ll go easy on you if you ll tell them about someone else. And Officer Vasquez tried to bargain with you in that manner? Yeah. I was waiting on charges of possession with intent. He said he d talk to the feds if I told him about this doctor. Only I couldn t, because I didn t know him. Mr. Prochaska, Officer Vasquez has testified under oath about a conversation he alleges occurred on the afternoon of the day that he discovered the heads of the dead women. Was anyone else with you when you spoke with Officer Vasquez? No. Officer Vasquez testified that the person he talked to said that Dr. Cardoni purchased two kilos of cocaine from someone the informant knew. Dr. Cardoni allegedly was holding the cocaine in a cabin in Milton County and was going to sell it that afternoon. Do you remember saying anything like that to Officer Vasquez? Prochaska laughed. I think Bobby got caught with his pants down when he broke into the cabin, so he made this stuff up. Objection, Your Honor, Scofield said. Speculation, nonresponsive. I move to strike the answer. Objection sustained, Brody said. He looked angry, and his tone was harsh when he ordered Prochaska to confine his answer to the question he had been asked. Mr. Prochaska, do you deny that you gave Officer Vasquez information about Dr. Cardoni? Yeah, absolutely. That s why I m testifying. I don t want no one spreading lies about me. Your witness, Mr. Scofield. Fred Scofield s lips formed a grim smile as he studied Art Prochaska. The dealer s reputation was well known, and he could not wait to get at him. Have you ever been convicted of a crime, Mr. Prochaska? he asked calmly. Yeah, several. But none lately. Why don t you tell Judge Brody your criminal history? Okay. Let s see. I got a couple of assaults. I was down at the state pen for two years. There s some drug stuff. I was busted a few times, but they didn t prove it except once. I did do a few years on that. Mr. Prochaska, you are the right-hand man of Martin Breach, a notorious drug dealer, are you not? His enforcer? Martin is my business partner. I don t know about that other stuff. Mr. Breach has a reputation for killing people who inform on him, doesn t he? I never seen it. If you admitted that you informed on Mr. Breach, it would put you at some risk, wouldn t it? I would never do something like that. I don t believe in it. Not even to save yourself from serving a fifteen-year sentence in a federal penitentiary? No, sir. Besides, those charges are gonna be dropped. But you didn t know that when Officer Vasquez talked to you. I suspected they might be, Prochaska answered with a smirk. Isn t it true that you did corroborate Officer Vasquez s information but are afraid to admit it for fear that Martin Breach will kill you? Vasquez was lying if he says I told him that stuff. Scofield smiled. We have only your word for that against the word of an officer of the law, don t we? Hey, I got proof he lied. Scofield paled. What proof? Do you think I m dumb enough to meet a cop and not protect myself? Bobby and me had our chat in the men s john, where I got surveillance equipment. I taped the whole conversation. Scofield turned toward Vasquez. The policeman looked sick. Frank leaped to his feet, a cassette in his hand. He had been waiting for this moment. I have the tape of the conversation, Your Honor. I think we should play it and resolve this dispute between the witnesses. Objection, Your Honor, Scofield said. His voice was shaking. On what grounds? Brody asked angrily. Uh, if . . . if there is such a tape, it was recorded surreptitiously. That violates Oregon law. Brody glared at the district attorney. Mr. Scofield, your question opened the door for this evidence. And I ll tell you something else: If someone is lying in my courtroom, I want to know about it. I don t care if that tape was made by Iraqi terrorists. We are going to hear it right now. Play the tape, Mr. Jaffe. Frank placed the cassette in a boom box that he had brought with him from Portland. When he hit the play button, everyone in the court heard a door slam shut and the sound of a brief struggle. Then Bobby Vasquez said, Long time, Art. The tape spun along. When Prochaska turned down Vasquez s offer to help him with his federal charges, Judge Brody s eyes narrowed, and he cast a withering glance at Vasquez. Then Prochaska told Vasquez that he did not know Vincent Cardoni and refused to talk about Martin Breach. By the time the tape wound to a halt Judge Brody was furious, Scofield was shell-shocked and Vasquez was staring at his feet. Vincent Cardoni smiled triumphantly. I want Officer Vasquez back on the witness stand immediately, Brody ordered Scofield. I believe Officer Vasquez should seek counsel before answering any questions about the tape we ve just heard, Scofield said, casting a quick, angry look at the detective. Quite right, quite right, Mr. Scofield. Thank you for correcting me. Officer Vasquez better get one hell of a lawyer, because his criminal conduct has forced me to suppress every piece of evidence seized at the house in Milton County and every piece of evidence seized from Dr. Cardoni s home in Portland. I grant this motion regretfully, but I have no choice, Mr. Scofield, because your star witness is a damned liar. Judge Brody glared at Vasquez. Nine people have been slaughtered, Detective. Horribly butchered. I make no pronouncement as to the guilt or innocence of Dr. Cardoni. I haven t heard the evidence in this case. I do know that the person who killed those people is probably going to escape his justly deserved punishment because of you. I hope you can live with that. Frank stood up to speak. Your Honor, will you reconsider your decision on bail for Dr. Cardoni? In order for bail to be denied in an aggravated murder case it must appear to the court that the state will be able to prove its case at trial by clear and convincing evidence. Now that the court has suppressed all of the state s evidence, it is unlikely that the case will go to trial. I don t even see how Mr. Scofield can appeal your ruling in good faith. I ask that the court release Dr. Cardoni on his own recognizance. I am also putting Mr. Scofield on notice that I am moving against his indictment on the grounds that it was obtained through the submission to the grand jury of illegally obtained evidence and police perjury. Frank handed the original of his motion, which he had prepared in advance of the hearing, to Judge Brody and gave a copy to the district attorney. As soon as Brody finished skimming the new motion his head dropped. When he raised it, his eyes blazed with anger. You have tied my hands with your unprofessional conduct, Mr. Scofield. I have no idea how Vasquez took you in. Your preparation for this motion to suppress borders on the criminal. You won your motion to deny bail by promising that you would produce all sorts of evidence against Dr. Cardoni. Now you can t present any of it. Your motion to release Dr. Cardoni on his own recognizance is granted, Mr. Jaffe. I will take the motion to dismiss under advisement. Mr. Scofield, you have thirty days to file a notice of appeal from any of my rulings or they will become final. Court is in recess. Judge Brody fled to his chambers. Thank you, Frank, Cardoni told Amanda s father. Then he looked at her. And thank you, Amanda. I know you think I m guilty, but Frank s told me how hard you ve worked for me, and I appreciate it. Amanda was surprised at how sincere Cardoni sounded, but it didn t change her opinion. What had just happened frightened her. Frank was a magician in the courtroom, but his latest trick could have horrifying consequences. Reporters mobbed Frank in the corridor outside the courtroom. Amanda forgot her misgivings as she was caught up in the action. Some of the reporters directed their questions to her, and it dawned on Amanda that she was a celebrity, if only for the length of a sound bite. After the furor died down, father and daughter walked to Stokely s to eat dinner. Frank was uncharacteristically quiet after a victory of this magnitude. What happens to Cardoni now? Amanda asked. He ll be processed out of jail, Herb will drive him home and he ll try to put his life back together. So it s over? It should be. Art Prochaska s testimony was the legal equivalent of a nuclear weapon. There isn t any evidence left for the State to use. How long have you known about Prochaska? He called Friday evening. So you knew we d win all along. There s no such thing as a sure thing, but this is as close as I ve ever gotten. Frank noticed the look on Amanda s face and added, I hope you re not upset that I didn t tell you about Art. No, that s okay, Amanda answered, but she was upset. They walked in silence for half a block. Then Amanda s thoughts shifted to Cardoni. I know I should be excited because we won, but I just . . . I think he killed those people, Dad. I don t feel so good about this one myself, Frank admitted. If he s guilty, they can t try him, can they? Nope. I did too good a job. Vincent s free and clear. What if he does it again? Frank put his arm around Amanda s shoulders. His closeness was comforting, but it could not make her forget the videotape or the still pictures of the nine corpses. About three years after I started out I second-chaired a terrible case with Phil Lomax. Two young children and their baby-sitter were murdered during a home burglary. The crime was brutal. The defendant was a very bad actor. Totally unrepentant, cruel, with a long history of prior vicious assaults. The DA was certain she had the right man, but the evidence was paper thin. We fought our guts out, and the chances of conviction were about fifty-fifty by the end of the trial. After the jury went out, Phil and I went to one bar to wait and the DA and her staff went to another. The jury came back four hours later with a guilty verdict. About a month later I bumped into one of the DA s investigators. He told me that Phil and I had been the subject of discussion while the prosecutor and her assistants were waiting for the verdict. They thought that we were very ethical lawyers who had fought hard but had also fought clean. They respected us as people and they had come to the conclusion that we d sleep better with a conviction than an acquittal. They were right. I was actually relieved that we had lost, even though I gave one hundred and ten percent for our client. Do you feel bad now? Do you hear me bragging about our victory, Amanda? As a professional, I m proud that I did my job. As an officer of the court, I feel good about exposing perjury by someone who is sworn to protect us and uphold the Constitution. What Vasquez did was inexcusable. But I m also a human being and I m worried. So I pray that Vincent Cardoni is an innocent man who has been wrongly accused. If he s guilty, I pray that this experience has frightened him so much that he won t hurt anyone else. Frank gave Amanda s hand a squeeze. This is not an easy business, Amanda. It s not easy at all.