“Did you report your winnings to the IRS, or did you forget to make a note of them like you did the fee Congressman Pope allegedly paid you?”
“I…I will at the appropriate time.”
“Good for you, Mr. Jarvis. No further questions, Your Honor.”
“THE STATE CALLS Anthony Rose, Your Honor,” Karl Burdett said as soon as Otto Jarvis fled the courtroom.
While one of Burdett’s deputies ducked into the hall to summon the witness, Frank reread the meager investigative report Herb Cross had put together. Rose had gone to high school in Sisters, Oregon, a small town in the center of the state. He’d been a star on the tennis team but his grades weren’t good enough for a college scholarship, so he’d enlisted in the army. Rose had made an attempt to get into the Rangers but had not been selected. Herb had talked to a few of Rose’s acquaintances, who said he’d told them he’d made jumps from airplanes and excelled in marksmanship but washed out because of a hostile officer. Rose was honorably discharged from the military and enrolled in college at Ohio State, where he’d excelled on the tennis team, making the quarterfinals of the NCAA tournament his senior year. After a brief flirtation with professional tennis, Rose returned to Oregon, where he was hired as the club pro at the Westmont.
The courtroom door opened but Frank waited for his first look at Sally’s lover until Rose raised his hand to be sworn. The tennis pro looked like a poster boy for a country club gigolo. He was handsome, athletic, and dressed in a navy blue blazer, neatly pressed tan slacks, and a sky blue shirt that was open at the neck enough to show a tuft of chest hair. Frank noticed that his smile caused the face of every woman on the jury to light up.
“Mr. Rose, are you acquainted with the defendant?” Burdett asked after a few preliminary questions. Rose locked eyes with Sally. With his head turned, the jurors didn’t see him smirk.
“You might say that,” Rose answered.
“In what capacity have you known her?” the prosecutor asked.
“In several capacities. She was my student-I gave her tennis lessons-I like to think we were friends and we were definitely lovers.”
There were murmurs in the spectator section. Frank saw several jurors scrutinize Sally Pope in a distinctly unfriendly manner at the mention of a second extramarital affair.
“How long did your sexual relationship with the deceased’s wife go on?”
“A few months.”
“Why did it end?”
Rose paused for dramatic effect before answering.
“She wanted me to murder her husband and I refused.”
Frank heard gasps from the gallery and saw shocked expressions on more than one juror’s face.
“That’s a lie,” Sally whispered vehemently.
“Can you relate the conversation in which the defendant asked you to kill her husband?” Burdett asked as he struggled successfully to stifle a triumphant smile.
“Certainly. We were at a gathering on an estate in Dunthorpe at which Charlie Marsh, or Guru Gabriel Sun, or whatever he was calling himself, was lecturing about inner peace or some such nonsense. Mrs. Pope asked me to go outside after the lecture. She led me to a secluded spot in the garden. As soon as we were alone and out of the hearing of the other guests, Mrs. Pope asked me if I would like to earn a quarter of a million dollars. I asked her how I could do that. She said her husband was planning to divorce her. There was some kind of contract the congressman’s father had insisted Mrs. Pope sign under the threat that he would disinherit his son if she didn’t. I don’t remember all of the details but the one that worried Mrs. Pope left her in bad shape financially if there was a divorce. But if her husband died before a divorce was final, she would inherit a fortune. She also said there was a life insurance policy for several million dollars. She sounded desperate.”
“What did she suggest you do to help her avoid the consequences of a divorce?”
“She wanted me to take care of her husband before he could file.”
“What did she mean by ‘take care of’?”
“Kill him. Murder him.”
“There’s no question in your mind about that?”
“None. She said she wanted him dead and how I did it would be left up to me.”
“What was your response to Mrs. Pope’s request that you assassinate a member of the United States Congress?”
“I told her she was nuts; that I wasn’t going to kill anyone, no matter how much money she offered me. Especially not a member of Congress. I mean, I’d have the whole federal government after me: the FBI, the CIA, the Secret Service.
“To tell the truth, I was also offended that she had such a low opinion of me that she thought I’d kill somebody for money. And it was pretty clear that she was using me. I mean, she acted like she loved me and she hinted that we could get married after Junior was out of the way, but I know she didn’t have any real feelings for me.”
Rose shrugged. “She was great in bed, but she lost interest as soon as she climaxed, if you know what I mean.”
Burdett chose to move on rather than follow up on that topic.
“How did the defendant act after you refused to help her murder her husband?”
“She was very upset. She called me names, insulted my manhood.” Rose shrugged again. “Mrs. Pope was used to getting her way with men and I think she was shocked that any man could refuse any request she made, no matter how crazy.”
“Did anything happen while you were arguing?”
“Yes, sir. Charlie Marsh showed up. It was obvious that he wanted to impress Mrs. Pope by coming to her rescue.”
“What happened?”
“He hit me when I wasn’t prepared. Then he had his bodyguard rough me up.”
“Did the bodyguard display a weapon?”
“Yeah. I didn’t get a good look at it but there was a gun in his waistband. He made sure I saw it.”
“Was there anything distinctive about the weapon?”
“I do remember a fancy handle.”
Burdett asked permission to approach the witness and showed Rose the murder weapon.
“Is this the gun Mr. Marsh’s bodyguard was carrying?”
Rose took the revolver and examined the grip. “I can’t be certain,” he said. “I only saw the handle for a second. But this could be it.”
Burdett returned the exhibit to the table holding the evidence, before continuing to question the witness.
“Did you hear anything Mr. Marsh said to the defendant or anything she said to him after you fought?”
“No. The bodyguard hauled me away and threatened to beat me up if I didn’t leave immediately. To tell the truth, after my conversation with Mrs. Pope I was pretty anxious to get as far from her as possible.”
“Did you have any more contact with the defendant after your argument?”
“No, sir. She did cancel her tennis lessons, but she did that with the pro shop.”
Burdett consulted his notes. Then he addressed the judge.
“No more questions on direct, Your Honor.”
“Mr. Jaffe?” Judge Hansen asked.
Frank had no idea how to cross-examine Rose, so he did the only thing he could think to do.
“It’s getting late, Your Honor,” Frank said. “I wonder if we can recess for the day?”
Judge Hansen glanced at the clock. It was 4:45. “Very well, Mr. Jaffe. We’ll reconvene in the morning.”
Frank had maintained a stone face during Rose’s devastating testimony. As soon as the jury left the courtroom, he leaned over to his client.
“He made that up,” Sally Pope said before Frank could get a word out.
Her voice was tight with anger.
“It’s a crime to commit perjury. He could go to prison if I prove he’s lying. Why is he doing this?”
“I can think of two reasons he’d lie under oath. One is revenge. When we went into the garden, I told Tony I didn’t want to see him anymore. He was upset when I broke it off.”
“Rose doesn’t strike me as the type who’d lose sleep over a woman telling him their affair was over. No offense, but I’m guessing you’re not the first club member he’s seduced.”