Judge Hansen pointed at a chair. It was across the desk from her and next to Frank, who was seated next to his client. The only other person in the room was the judge’s court reporter, which meant they weren’t going to have an off-the-record chat.
“Mr. Jaffe has brought some very unsettling information to me and I’m trying to figure out the best way to handle the situation,” the judge said.
“What situation? I don’t know what’s going on.” The DA cast a quick glance at Jack Rodriguez. “If it involves a new witness, Mr. Jaffe hasn’t given me notice as required by the discovery rules.”
“It does involve a witness but Mr. Jaffe didn’t learn about him until last night. That’s why we’re meeting. However, before we discuss Mr. Rodriguez’s testimony, I want to make certain that I understand your case. You’re not going to argue that Mrs. Pope shot her husband, are you?”
“No. Charlie Marsh shot him.”
Judge Hansen nodded. “Okay, so, if I’ve got this right, you’re going to argue that Mrs. Pope and Mr. Marsh conspired to kill her husband.”
“Right.”
“Then Mrs. Pope got someone to take photographs of her and Mr. Marsh in compromising positions and sent these pictures to her husband to make him angry and jealous so he would come to the Westmont Country Club where Mr. Marsh could kill him.”
“That’s our case.”
“Mr. Jaffe, let’s put Mr. Rodriguez’s testimony on the record,” the judge said.
“I object to this…this procedure. I really don’t…”
“Relax, Karl,” the judge said. “I’m taking this testimony in chambers so the press won’t hear it. That would be pretty embarrassing for you. You’ll catch on once you hear what Frank’s witness has to say.”
Frank turned his chair toward the PI. “The judge swore you earlier, Mr. Rodriguez, and you’re still under oath. Understand?”
“Yeah,” Rodriguez answered reluctantly.
“Are you a private investigator?”
“Yes.”
“Have I shown you state’s exhibit thirteen, the photographs that were sent to Congressman Pope?”
“Yes.”
“Did you take the pictures?”
“Yes.”
“Please tell us why you were following Mrs. Pope and Mr. Marsh and taking photographs of them.”
“I got a phone call.”
“From who?”
“A man.”
“Did he tell you who referred him to you?”
“I do work for the Reed, Briggs law firm every once in a while. He mentioned a lawyer over there.”
Frank turned to the judge. “If I may, Your Honor, I’m prepared to prove that the Reed, Briggs firm handles Arnold Pope Sr.’s legal work.”
“Whoa, wait a second. What’s going on here?” Burdett asked, alarmed by anything that could damage his relationship with his largest contributor.
“Relax and you’ll find out,” the judge told the DA. “Proceed, Mr. Jaffe.”
“Okay. Now, Mr. Rodriguez, was there anything unusual about the voice of the man who contacted you?”
“He had a British accent.”
“Did I have you call a number, last night?”
“Yes.”
“Who did you call?”
“You said it was the unlisted number at Arnold Pope Sr.’s estate.”
“Was there anything familiar about the voice of the man who answered the phone?”
“Yeah. It was the guy who’d hired me.”
“You’re certain?”
Rodriguez shrugged. “Well, I never met the guy but it sounded just like him. He had that British accent. And when I told him who I was he got very panicky and refused to put me through to Mr. Pope.”
“Did he hang up?”
“Yeah.”
“Your Honor,” Frank said, “Derrick Barclay, Mr. Pope’s personal assistant, has a British accent. I made a recording of the call and Mr. Barclay sounds pretty rattled on it.”
“Very well. Go on.”
“When you were hired, what were the terms and what were you told to do?” Frank asked.
“The guy with the accent wanted me to follow Mrs. Pope and take pictures if I caught her doing something she shouldn’t.”
“How were you paid?”
“Upfront into my bank account.”
“Did you ever learn the name of the man who paid you?”
“No.”
“Did you have more than one conversation with this man?”
“Yeah. He called a little after Mrs. Pope was arrested.”
“During that phone conversation did the man ask for the name of a divorce attorney who wouldn’t mind bending the rules a little?”
“Yeah. He said he’d heard that I did work for small firms and solos and he said he needed a guy who could use some dough and wasn’t picky about what he had to do to earn it.”
“Did you give him a name?”
“I told him about Otto.”
“Otto Jarvis?”
“Yeah.”
“Did you give the pictures that were sent to Congressman Pope to someone?”
“Not exactly.”
“What did you do with them?”
“I sent them to a PO box.”
“That’s all, Your Honor.”
“Would everyone but Karl please leave my chambers,” Judge Hansen said.
“I don’t think…” the DA started.
“I think it would be better for you if we talked without an audience,” Judge Hansen said. “Mr. Jaffe, you don’t mind if Mr. Burdett and I have an ex parte conference, do you?”
“No, Your Honor.”
As soon as they were alone, Judge Hansen took a drag on her cigarette. Then she shook her head.
“I thought this case smelled as soon as I heard your theory.”
“Those pictures…”
“If Mrs. Pope didn’t hire Rodriguez to take them, the only thing they prove is that she was set up.”
“Marsh could have faked a British accent to make everyone think that Derrick Barclay made the call,” Burdett persisted.
Hansen leaned forward and fixed Burdett with a hard stare.
“I’ve heard the tape of Rodriguez’s call and I know how Barclay’s voice sounds. I’ve also heard scuttlebutt around the courthouse that you had no intention of charging Sally Pope until you came back from a meeting with Arnie Sr. Is there any truth to the rumors?”
Burdett shifted uneasily in his seat. “The grand jury found…”
“The grand jury will find anything you want them to. We both know that, so don’t give me that shit. I have half a mind to haul Derrick Barclay and his boss in front of a grand jury and ask them about those photographs.”
The blood drained from Burdett’s face.
“Now, I’m going to assume you didn’t know that Jarvis was committing perjury before you put him on, but you have to believe that none of the jurors are going to credit his bullshit story about the so-called secret meeting. And Tony Rose is so slimy I’m surprised he didn’t slide off the witness chair. The whole prosecution stinks, and the question for you to ponder is who will be in the shit when the smoke clears.
“If you go forward, Frank’s going to drag Senior and that little weasel Barclay into court, and I promise you this. If they lie under oath in my court, I will put them in prison along with anyone who was their knowing accomplice. So, here’s my suggestion. You ask for a dismissal with prejudice and I’ll grant it. Otherwise, you’re on your own.”
KARL BURDETT TOOK several hours before returning to court to tell the judge that he was going to dismiss the case against Sally with prejudice. Most of that time was spent in his office with Arnold Pope Sr. and Derrick Barclay, trying to explain the consequences they would face if their complicity in luring Arnold Jr. to the Westmont was made public and they had any part in shaping the testimony of Otto Jarvis or Tony Rose. Some of the time was spent weathering Senior’s tirades.
As soon as Arnold Pope stormed out of his office, Burdett drew up a motion to dismiss with prejudice. When the paperwork was completed, Judge Hansen ordered the dismissal in open court. Then Frank and the DA held a press conference at which the prosecutor said that evidence had come to light that raised reasonable doubts about Sally Pope’s guilt. Burdett refused to answer any questions about the evidence, claiming there was an ongoing investigation that could be jeopardized if he disclosed what he’d learned. At Judge Hansen’s urging, Frank agreed that he would not reveal the evidence that had led to his client’s exoneration, so Frank simply thanked the prosecutor for having the courage to change his mind when justice demanded it. Burdett claimed the high ground by saying that the prosecution always wins when justice is served.