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.