Judith sat and watched Moscone for a minute as he looked at the wall, his hands clasped behind him.
“How did her death affect you, Mr. Moscone?”
“Carl, please. I internalize my grief. I was deeply affected, and feel a great loneliness and loss which hasn’t lessened. But I understand what happened, and I have great empathy for the impossible dilemma Mitchell faced. I do not blame Victoria’s death on him. I did expect Grant Richardson would be emotionally devastated, because for all his buffoonery and dishonesty, I know he truly loved her. I also know the man wears his feelings on his sleeve, so to speak. But I did not expect vengeance. I feel very badly for your captain because I am very opposed to using criminal law to address honest human errors of any sort. It is a bastardization of the law.”
“Of course, I couldn’t agree more,” Judith echoed.
“That’s why I’ve been here every day watching, Judith. May I call you Judith?”
“Certainly.”
“I would have preferred to stay silent about Grant and Victoria’s relationship, but I can’t allow this miscarriage of justice. I was simply hoping this case would be dismissed, or that by the time it went to the jury, it would be an inevitable acquittal and I could stay silent. But it didn’t and I can’t. You are very impressive, by the way.”
“Thank you, but I’m really a corporate lawyer.”
“Oh, I know. All the more impressive.”
“But why now, at the eleventh hour?”
“Because you’re going to lose.”
“Why do you say that?”
“Technically, Richardson is right on the law, and it’s the law that’s wrong and far too broad and poorly written. But it’s time the judge knows that this entire prosecution is a personal vendetta. I hope we’re not too late. He may be willing to quash the indictment and dismiss this prosecution without forcing it into an appeal. Perhaps I should have come forward earlier, and I apologize for not doing so.”
“Richardson will just file it again.”
“Someone else will have to do it without his participation once the world knows why he did this to begin with, and there’s the little fact about double jeopardy attaching when the jury is sworn in.”
“You sound very familiar with the law?”
“I went to law school and passed the New York Bar a very long time ago, then quickly decided I’d rather hire lawyers on Wall Street than be one. But I do keep up. Now. How do we proceed?”
CHAPTER FORTY-THREE
Present Day — September 15 — Day Eight of the trial
Courtroom 5D, Lindsey-Flanigan Courthouse, Denver
The urgent request from the defense to bring Judge Gonzales back to the bench in open court had been met with an irritated order to assemble both legal teams in his chambers. The rancid memory of the last time she had entered Gonzales’ small office flashed in high definition across her mind as Richardson came through the door angry to be summoned back to the courthouse without a verdict. Judith looked at the district attorney, surprised to feel a tinge of pity for the man, if not for his love and his loss and the impending destruction of his career, then for the seismic shock she was about to deliver.
Carl Moscone was waiting in the same conference room, out of sight, but available if needed.
“All right, Counsellors, what’s so urgent?” the judge said, settling his considerable bulk behind his desk.
“Your Honor,” Judith began, “…we are prepared to move in open court for the dismissal of the indictment against Captain Mitchell on the grounds of prosecutorial misconduct and prejudice.”
Both Judge Gonzales and Grant Richardson looked at Judith as if she’d lost it.
“What are you talking about, Ms. Winston?” the judge asked.
“I would prefer to present this in open court on the record, Your Honor.”
“That may be your wish, but I want to know what the hell you’re talking about?”
Judith glanced at Richardson who still had no clue.
“Just after you sent the jury out to deliberate, Your Honor, I was approached by a prominent member of the community with information based on firsthand knowledge that explains Mr. Richardson’s vehement and puzzling prosecution of Captain Mitchell. This information constitutes grounds for immediate dismissal of the indictment.”
“And what, Ms. Winston, would that information be?”
“That the hidden and undisclosed impetus for this prosecution was the death aboard Regal Airlines Flight 12 of Ms. Victoria Moscone, and the fact that Mrs. Moscone and Grant Richardson had been involved in a long term and ongoing romantic and sexual relationship for many years.”
‘WHAT?” Richardson snapped, his eyes suddenly wide. “Who the hell made that allegation?”
She turned to bore her eyes into his, speaking slowly.
“Mr. Carl Moscone, who, by the way, is here in the courthouse waiting for an opportunity to testify under oath if necessary.”
Gonzales sat back in his chair as if trying to widen the scope of his vision as he looked at Richardson, who was trying not to stammer.
“Is this true, Mr. District Attorney?”
“Judge,” Richardson began, but Gonzales raised a hand to stop him, sitting forward suddenly, his eyes narrowing. “Be… very… careful, counselor, with your next statements and answers. I will jail you on criminal contempt if you lie to me, is that understood? Clearly?”
“Yes, Your Honor. Of course.”
“Did you have a romantic and sexual relationship with Victoria Moscone, who perished in the crash of Regal Twelve?”
Grant Richardson’s shoulders slumped ever so slightly as he exhaled and nodded. “Yes, but that did not…”
“That’s enough!” the judge snapped. “We’re re-convening in open court immediately.”
Ten minutes later, with Marty and the defense team as well as the prosecution team back in court, and the court recorder in position, Judge Gonzales entered the courtroom and sat down, banging his gavel angrily.
“Court is now in session. Ms. Winston? I believe you have a motion to make?”
“Yes, Your Honor. I move for the immediate dismissal of the indictment for second degree murder true billed against Captain Mitchell on the grounds that the grand jury was misled and not informed about a fatal personal conflict of interest on the part of the District Attorney who brought the case. Specifically, malicious prosecution which constitutes prosecutorial misconduct during grand jury proceedings also constitutes valid grounds for attacking an indictment, and such indictment must be dismissed if the defendant has suffered actual prejudice or been the target of prosecutorial misconduct, which includes a prosecutor hiding a major personal conflict of interest. In this case…”
Grant Richardson was on his feet, his interruption totally unexpected.
“Your Honor, the State moves at this time for dismissal of the indictment and all charges against Captain Mitchell.”
The bailiff entered quietly and passed a note to the judge, who looked at it and shook his head.
“Hold everything and everyone in place,” the judge instructed. Nodding, the bailiff scurried from the courtroom as Gonzales returned his gaze to Richardson.
“Counselor, do I understand you to be moving on behalf of the State to do precisely what Ms. Winston is requesting?”
“Yes, Your Honor.”
“And, I presume, your intention is to obviate the necessity of Ms. Winston presenting her evidence for quashing the indictment and dismissing this circus?”
“Ah… yes, Your Honor… in essence, her testimony is not needed.”