I didn’t even have to stand up for this one-which was a good thing because the simple acts of standing and sitting still set off flares of pain across my chest. The judge raised his hand in my direction to hold me in check and then tersely dismissed Zimmer’s argument, calling it novel but ridiculous and without merit.
“Come on, Mr. Zimmer, this is the big league,” Perry said. “You have anything with some meat on the bone?”
Properly cowed, Zimmer deferred to his colleague and sat down. Landon Cross stood up next to face the judge.
“Your Honor,” he said, “Louis Opparizio is a man of means and standing in this community. He has had nothing to do with this crime or this trial and objects to his name and reputation being sullied by his inclusion in it. Let me emphatically repeat, he had nothing to do with this crime, is not a suspect and has no knowledge of it. He has no probative or exculpatory information to provide. He objects to defense counsel’s putting him on the witness stand to conduct a fishing expedition and he objects to counsel’s using him as a deflection from the case at hand. Let Mr. Haller fish for red herrings in a different pond.”
Cross turned and gestured to Andrea Freeman.
“I might add, Your Honor, that the prosecution joins me in this motion to quash for the same reasons mentioned.”
The judge swiveled on his seat and looked at me.
“Mr. Haller, you want to respond to all of that?”
I stood up. Slowly. I was holding the foam gavel from my desk, working it with my fingers, which were newly freed from plaster but still stiff.
“Yes, Your Honor. I would first like to say that Mr. Cross makes a good point about the fishing expedition. Mr. Opparizio’s testimony at trial, if allowed to proceed, would include a fair amount of fishing. Not all of it, mind you, but I would like to drop a line in the water. But this is only, Your Honor, because Mr. Opparizio and his defensive front have made it darn near impossible for the defense to conduct a thorough investigation of the murder of Mitchell Bondurant. Mr. Opparizio and his henchmen have thwarted all-”
Zimmer was up on his feet objecting loudly.
“Your Honor! I mean, really! Henchmen? Counsel is clearly engaged in playing to the media in the courtroom at Mr. Opparizio’s expense. I once again urge you to move these proceedings to chambers before we continue.”
“We’re staying put,” Perry said. “But Mr. Haller, I’m not going to allow you to call this witness just to let you grandstand for the jury. What’s his connection? What’s he got?”
I nodded like I was ready with an obvious answer.
“Mr. Opparizio founded and operates a company that acts as a middleman in the foreclosure process. When the victim in this case decided to foreclose on the home of the defendant, he went to Mr. Opparizio to get it done. That, to me, Your Honor, puts Mr. Opparizio on the front line of this case and I would like to ask him about this because the prosecution has stated to the media that the foreclosure is the motive for the murder.”
Zimmer jumped in before the judge could respond.
“That is a ridiculous assertion! Mr. Opparizio’s company has a hundred eighty-five employees. It is housed in a three-level office building. To-”
“Foreclosing on people’s homes is big business,” I interjected.
“Counsel,” the judge warned.
“Mr. Opparizio had nothing whatsoever to do with the defendant’s foreclosure other than the fact that it was handled by his company along with about a hundred thousand other such cases this year,” Zimmer said.
“A hundred thousand cases, Mr. Zimmer?” the judge asked.
“That’s right, Judge. On average the company has been handling two thousand foreclosures a week for more than two years. This would include the defendant’s foreclosure case. Mr. Opparizio has no specific knowledge of her case. It was one of many and was never on his radar.”
The judge dropped deep into thought and looked like he had heard enough. I had hoped not to have to reveal my ace in the hole, especially in front of the prosecutor. But I had to assume Freeman was already aware of the Bondurant letter and its value.
I reached down to the file in front of me on the table and flipped it open. There were the letter and four copies, ready to go.
“Mr. Haller, I’m inclined to-”
“Your Honor, if the court would indulge me, I would like to be allowed to ask Mr. Opparizio the name of his personal secretary.”
That gave Perry another pause and he screwed his mouth up in confusion.
“You want to know who his secretary is?”
“His personal secretary, yes.”
“Why would you want to know that, sir?”
“I am asking the court to indulge me.”
“Very well. Mr. Opparizio? Mr. Haller would like the name of your personal secretary.”
Opparizio leaned forward and looked at Zimmer as if needing his approval. Zimmer signaled him to go on and answer the question.
“Uh, Judge, I actually have two. One is Carmen Esposito and the other is Natalie Lazarra.”
He then leaned back. The judge looked at me. It was time to play the ace.
“Judge, I have here copies of a certified letter that was written by Mitchell Bondurant, the murder victim, and sent to Mr. Opparizio. It was received and signed for by his personal secretary Natalie Lazarra. The letter was turned over to me in discovery by the prosecution. I would like Mr. Opparizio to testify in court so that I can question him about it.”
“Let’s take a look,” Perry said.
I stepped away from the table and delivered copies of the letter to the judge and then to Zimmer. On my way back I swung by Freeman and offered her a copy.
“No, thanks. I already have it.”
I nodded and went back to the table but stayed standing.
“Your Honor?” Zimmer said. “Can we have a short recess to look this over? We haven’t seen it before.”
“Fifteen minutes,” Perry said.
The judge stepped down from the bench and went through the door to his chambers. I waited to see if the Opparizio team would take it out into the hall. When they didn’t move, I didn’t. I wanted them to worry that I might overhear something.
I huddled with Aronson and Trammel.
“What are they doing?” Aronson whispered. “They had to have known about the letter already.”
“I am sure the prosecution gave them a copy,” I said. “Opparizio acts like he’s the smartest guy in the room. Now we’re going to see if he is the smartest guy in the room.”
“What do you mean?”
“We’ve got him between a rock and a hard place. He knows he should tell the judge that if I ask about that letter he will take the Fifth and therefore the subpoena should be kicked. But he knows if he takes the Fifth in front of the media here, he’s in trouble. That puts blood in the water.”
“So what do you think he’ll do?” Trammel asked.
“Act like the smartest guy.”
I pushed back from the table and stood up. I nonchalantly started to pace behind the tables. Zimmer looked over his shoulder at me and then leaned in closer to his client. Eventually, I came back to Freeman, still in her chair.
“When do you wade in?”
“Oh, I’m thinking I might not have to.”
“They already had the letter, didn’t they? You gave it to them.”
She shrugged her shoulders but didn’t answer. I looked past her to Kurlen sitting three rows back.
“What’s Kurlen doing here?”
“Oh… he might be needed.”
That was a lot of help.
“Last week when you made the offer, that was because you had found the letter, wasn’t it? You thought your case was in real trouble.”
She looked up at me and smiled, not giving anything away.