“Will do. Should I see if he’s connected with Senior? Maybe he’s the one who set him up with the photographer.”
“That’s a good idea,” Frank said. Then he went quiet. When he spoke again he looked worried.
“What concerns me, Herb, is the absence of a police report for these two witnesses. That usually means a DA is setting up a surprise, and I don’t like surprises when I’m in trial.”
CHAPTER 19
As Highway 26 heads west from Portland toward the Pacific Ocean, the urban landscape gives way quickly to suburban shopping malls and green spaces dominated by sprawling, glass-and-chrome office complexes housing high-tech companies. Frank Jaffe was already in farm country when he took the exit to Hillsboro twenty minutes after leaving the city.
Frank looked forward to the drive to and from the courthouse during the trial, because he was alone with Sally Pope. Much of the time, Frank discussed trial strategy or gave Sally his impressions of the way the trial was going, but sometimes they talked about things that had nothing to do with the law, and those were the times Frank treasured the most. He knew the ethics rules prohibited him from having a romantic relationship with a client, but spending an hour a day alone with Sally was the next best thing.
If Frank had to use one word to describe Sally Pope’s demeanor during her trial, it would be “composed.” It would definitely not be “serene,” because Frank knew that there were times when she was boiling mad, but Sally never let anyone but Frank see this side of her and she only let her emotions show in the privacy of Frank’s office or in his car.
The grayish white, neoclassical Washington County courthouse took up a block on the outskirts of city center in Hillsboro. Each morning, when they arrived for court, reporters hurled questions at Frank and his client as he escorted Sally between the fluted columns at the main entrance. And each day they ignored the press and hurried up the stairs to the courtroom of the Honorable Dagmar Hansen in which Mrs. Pope’s future was being decided.
Judge Hansen, a dirty-blond, cigarette-smoking hard case in her mid-forties, had made her bones defending insurance companies. She was a political conservative who was very smart and tried to be fair. The judge had made enough money in private practice to be immune to a bribe and she had enough integrity to stand up to a bully. Frank was confident that Arnold Pope Sr. would not be able to get to her.
The courtroom was packed from the first day, and seated directly behind the prosecution table every minute court was in session was Arnold Pope Sr. Sally made a point of ignoring her father-in-law and the hateful stare he directed at her every time she passed him.
It took a week to pick a jury, because of the publicity the case had received. As soon as the jurors were sworn, Karl Burdett gave an opening statement in which he claimed that the evidence would show the defendant had designs on her husband’s money from the start and had tricked him into marriage by getting pregnant. The DA displayed a sample of the photographs the congressman had received the day before he died. Then he argued they were the bait the defendant used to lure Junior to his death so she could inherit millions from his estate and collect additional millions from the insurance policy on the congressman’s life. During his harangue, Burdett referred to Sally Pope as a gold digger, a black widow, a harlot, and a harridan. Frank wondered if the DA had assigned a deputy to make a list of every derogatory term that could be used to describe a woman.
Frank’s opening statement was brief, dwelling on each juror’s obligation to wait until all of the evidence was in before drawing any conclusions about guilt or innocence and their obligation to acquit if the prosecution did not prove its case beyond a reasonable doubt.
As soon as court adjourned, Frank summoned Amanda from the back of the courtroom and introduced her to Sally. Frank had urged his daughter to enjoy her summer break by hanging out with her friends, but Amanda was a courtroom junkie who planned to go to law school after college, then practice criminal law, like her dad. There was no way Frank could talk her out of sitting in on the biggest case of his career.
“What did you think of the opening statements?” Frank asked as he packed up his papers.
Amanda cast a nervous eye at Frank’s client. “Can I be honest?”
“Please,” Sally said.
“Burdett kicked your butt, Dad.”
Frank responded with a hearty laugh. Sally seemed amused by Amanda’s cheeky reply.
“Out of the mouths of babes,” Frank said.
“Hey, I call ’ em like I see them.”
“You called this one correctly.” Frank sighed. “My statement was vague because I’m still in the dark about the state’s case and I didn’t want to commit to a defense theory that Burdett can destroy.”
“I thought the DA outlined his case pretty thoroughly.”
“He’s holding something back. There are two witnesses on his list who don’t have police reports and I’m scared to death of what they’re going to say.”
“Who are they?”
“Tony Rose and Otto Jarvis. Jarvis is a lawyer. He refused to meet with Herb, and Mrs. Pope has no idea who he is.”
“Who’s the other witness?”
“Tony Rose, the tennis pro at the Westmont Country Club.”
Now it was Frank’s turn to hesitate.
“Go ahead, Frank,” Sally said. “Your daughter seems pretty savvy.”
“Rose and Mrs. Pope had a…relationship. That might be why Burdett is going to call him. But Rose refused to talk to Herb even after Herb told him that we knew about the affair. That makes me very nervous.”
DURING THE FIRST week of the trial Burdett called witnesses who established that Junior married Sally Pope after she became pregnant. Then he proved that Sally’s affair with Charlie Marsh started shortly before Junior was murdered, by using the testimony of Delmar Epps, who told the jury about Marsh’s trip to the Pope home on the evening of the Dunthorpe seminar and her visit to Marsh’s penthouse suite. Epps corroborated the testimony of the waiter who saw Marsh with the ivory-handled Magnum at the hotel and said he left the gun in the limo when he got out of the car.
Next, Burdett called John Walsdorf, who told the jury how the fight between Congressman Pope and Charlie Marsh started and how Delmar Epps, Werner Rollins, and the security guards were involved. While cross-examining Walsdorf, Frank established that the manager of the Westmont watched his client during the melee and saw her running toward her husband when the shot that killed him was fired.
After Walsdorf testified, the prosecutor proved that Charlie’s Magnum fired the fatal bullet. Witnesses from the Westmont told the jury that they had seen Charlie standing in a group on the other side of the turnaround. Some of these witnesses saw a flash come from that area just before they heard a gunshot and saw the congressman collapse. Werner Rollins testified that he was standing near Marsh and saw him fire the murder weapon.
Frank didn’t ask many questions during this phase of the case. Charlie had plenty of reasons to shoot Junior that had nothing to do with a complex murder plot. Arnie Jr. had punched him in the face and was running toward him to do more damage when the fatal shot was fired. In closing, Frank planned to argue that Charlie Marsh acted alone.
EARLY ON THE fifth day of trial, Burdett called Otto Jarvis to the stand. Jarvis did not look well. He was fat and sloppy and he had a waxy complexion. His sparse gray hair was arranged in a bad comb-over and his white shirt bore faint coffee stains. Jarvis’s hand shook when he was sworn in and the lawyer looked away when Frank tried to make eye contact.