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Chapter 10
Joe settled back in the chair as the afternoon session got underway. The morning had gone pretty well with no surprises and he was hopeful the afternoon would be more of the same. Detective Carlos Sanchez was the only witness scheduled for the day. He had spent the entire morning answering questions about the Special Investigations Task Force on Organized Crime and what the task force had uncovered on Keith Rashman over the years.
Despite repeated objections by Matthew Barning, the judge had allowed all of Sanchez's testimony to stand. That had been a huge victory as Carlos was able to tell the jury about the evidence they had gathered on Rashman. While it had never been enough to guarantee a conviction if they brought him to trial, it was more than enough to show history and pattern.
As he watched Carlos return to the stand, Joe smiled. Now that a pattern had been established, it would be even more difficult for the jury to believe Rashman's claim of temporary insanity.
"Please tell us about your first meeting with Fenton and Frank Hardy," Handling asked after Sanchez was sworn in.
"George DiSantos called me when he realized the significance of who had kidnapped Joe. I agreed to meet with the Hardys and see if I could help them narrow down a search area. I gave them a little background on Mr. Rashman and his employer. I told them it was imperative they find Joe as soon as possible. At that point Frank asked me what the chances were that Joe would be released if he revealed what he knew."
"And how did you respond?"
"With the truth – as soon as he gave them the information they wanted, Joe would have been killed instantly."
"So Joe Hardy's only chance for survival was to remain silent and submit to being ruthlessly and mercilessly tortured, praying he could survive the abuse until…" Handling began.
"Objection! That's speculation, Your Honor, not fact," Barning stated.
"Sustained. The jury will disregard the last statement," the judge agreed, eyeing Handling warily.
Handling smirked in the general direction of the defense before he resumed questioning, knowing it was impossible to completely disregard something like that once it had been heard and processed. "Were you able to assist the Hardys in determining the most likely areas to begin their search?"
"Based on the information we've gathered over the years, I knew it would be a remote, desolate location," Carlos replied.
"Why is that?" the D.A. probed, watching for the jurors reactions.
"Victims are taken to distant and isolated locations so Mr. Rashman can torture them freely without having to worry about anyone hearing their screams." Carlos stopped speaking as he picked up on a signal from Handling to wait. He'd been questioned by Peter Handling more times than he cared to remember and knew how the man worked even if he didn't always agree with it. Right now, Handling wanted Carlos' last words to hang in the air for dramatic effect.
Looking out at the spectators Carlos felt a twinge of guilt. He recognized Joe's mother and fiancée in the first row and at that moment, they were both on the verge of tears. Deciding the drama had lasted long enough Carlos plunged ahead without waiting for Peter Handling's okay.
"However, my team and I had noticed a pattern a few months ago," Carlos continued ignoring the baleful look he got from Handling for continuing without permission. "It seemed Mr. Rashman had run out of new locations for his work. He had begun going back to sites of previous 'interrogations' and reusing them. He also used them in the same order he had originally. Based on that information, I was able to narrow down a very specific area for the Hardys to search."
Carlos smiled as he saw the look of fury on Rashman's face. Apparently, Keith Rashman just now realized that by going back to earlier locations in the exact order he had originally used them, he had inadvertently assisted the Hardys in finding Joe before he had a chance to kill him.
"Frank and I spent several hours mapping out the most likely spots Mr. Rashman would have taken Joe. We ranked them in order of most likely to least likely. I knew if they weren't able to locate Joe within the first twenty-four hours of his abduction, by the time they did find him he'd be dead."
oooOOOooo
Matthew Barning waited until the judge had retreated to his chambers and closed the door before letting the frustration he felt show on his face. They had taken a big hit today with Carlos Sanchez's testimony. The most he had been able to do during cross examination was get Sanchez to admit that there wasn't enough evidence in any one case to bring charges against his client. Still, there was more than enough evidence to show Joe Hardy was not Rashman's first victim.
Out of the corner of his eye, Barning saw Keith Rashman turn in his seat and glare openly at the Hardy brothers with a look that would strike fear in the heart of the devil. With the jury gone and tired of reminding his client not to openly display such aggression, Barning let Rashman indulge in his obviously dark fantasy regarding the Hardys – whatever that was. It didn't last long as the police guards approached the table and escorted Rashman from the courtroom.
Preparing to leave himself, Matthew Barning suddenly felt his gaze inexplicably drawn to Frank and Joe Hardy. He observed a silent, intuitive exchange between them that served to emphasize their obviously close relationship. He was surprised to find himself feeling a little jealous as he compared the distant and strained relationship he had with his own brothers to that of the Hardys.
Sitting back in his chair, Barning watched as Frank Hardy hovered close to his younger brother. Close enough, he noted, that the younger man visibly relaxed in Frank's presence, almost as if some kind of protective shield had been erected around him that couldn't be breeched unless Frank allowed it. While Joe seemed to let his guard down and become less aware of his surroundings while in the shadow of his brother, Frank had the exact opposite reaction, his overprotective instincts driven into high gear.
Barning chuckled to himself as he realized Frank's behavior closely resembled that of his current employer's well-paid bodyguards. Frank's gaze constantly swept the room with nothing escaping his scrutiny. He never ventured more than a few steps away from his brother and made sure no one got even remotely close to Joe unless he allowed it. Frank effortlessly adjusted to Joe's every move, yet he did so with a casual nonchalance that never called attention to himself or his brother. As Barning marveled at the interaction between the two brothers, the twinge of jealousy resurfaced.
As he always did at the start of a new case, Barning had thoroughly researched the Hardy family. Experience had taught him that, more often than not, something in the background of the victim or their family could be used either against them or in support of his own client. Quickly learning of the unusually close relationship between the Hardy brothers, he zeroed in on Frank and Joe as an idea took shape in his mind. Bold and controversial, he wasn't quite sure it would work until the start of the trial. Once he witnessed first hand the bond they shared, almost frightening in its intensity, he felt confident the daring strategy he'd come up with as the cornerstone of Keith Rashman's defense might just be enough to get him off.
'It has to be,' he thought, knowing for a fact his client was most definitely not insane.
Standing, Matthew Barning gathered up the papers on the table and placed them in his briefcase. Snapping it shut, he turned and walked through the seating area towards the doors. Feeling Frank Hardy's eyes on him all the way, he wondered how Frank and Joe would react if they knew the intense bond that was at the heart of their obviously close relationship had played right into his hands, emerging as the key factor he needed to have any chance of attaining a not guilty verdict for his client.
Exiting the courtroom, Barning stopped short and turned around, as the one tiny piece of his soul that still had an ounce of compassion wouldn't allow him to leave just yet. Looking through the open doors, he watched Joe Hardy speaking to his brother and suddenly felt sorry for the troubled young man who didn't deserve what had happened to him. Haunted by the relationship he never had with his own brothers, Barning found himself concerned that the tactic he planned to use to get his client off might cause irreparable harm to the supposedly unbreakable bond Frank and Joe Hardy shared.
Unsettled by the now alien emotion of caring, Barning squared his shoulders and shook it off. He hadn't become one of the most ruthless and successful defense attorneys in the country by letting sympathy for the victims of his clients get in the way. The relationship between the Hardy brothers was of no concern to him except in how it could be manipulated to his fullest advantage. The 'win at all costs' attitude that had slowly killed the once caring man inside Matthew Barning resurfaced. As it trampled what little compassion he had left and obliterated any lingering concern he had for what would become of the Hardys once the trial was over, he left the courthouse, coldly calculating the odds of victory.
oooOOOooo
Joe stopped in the doorway of the sunroom and took a moment to enjoy the completely unobstructed view of the city, its lights sparkling in the night. As beautiful as it was, the scene couldn't hold a candle to the breathtaking view of Lake Michigan that could be seen from the windows on the other side of the room during the day.
Joe started across the room to the plush sofa where Frank was stretched out, engrossed in something on his laptop. As he got closer, Joe could begin to make out what his brother was reading.
"Is Bayport surviving without us?" he cracked, recognizing the online version of their hometown newspaper, The Bayport Times.
"So far," Frank smiled. "Although there was a mysterious rash of newspaper thefts on Oak Street."
"I bet Collig has the whole department on overtime to solve that one," Joe joked, referring to Bayport's Chief of Police, as he sat down next to his brother.
"Actually, one of the residents of Oak Street solved it. Seems he just got a new puppy - a retriever – and he was trying to teach it to retrieve the morning paper for him," Frank said with a chuckle.
"I think I see where this is headed," Joe grinned.
"The puppy learned a little too well. He retrieved every newspaper on the street and piled them up inside his doghouse in the backyard. The owner finally noticed and had one of those electronic fences installed."
"And the streets of Bayport are safe once again," Joe said dryly.
"It would seem so." Frank closed the laptop and put it on the coffee table. He settled in comfortably on the couch and turned to face his brother. "Something on your mind?" He knew Joe hadn't come in just to get the latest news from Bayport.
Much to his relief, Joe had become less hesitant about coming to Frank with his qualms and fears since the trial started. Still, Frank wanted to do everything possible to put Joe at ease and encourage him to open up and get his feelings out in the open.
Joe got right to the point. "Yeah. Barning. It's been three days and he hasn't cross-examined anybody other than Sanchez – and even then he only asked two questions. That makes me nervous. I mean every defense attorney cross-examines to try and discredit the witnesses. Why isn't he asking any questions? What's he got up his sleeve?" he finished with a frown.
"Nothing." Frank smiled at the puzzled expression on Joe's face. "There's really nothing he can ask them. During his opening statement, he freely admitted that Rashman did everything he's accused of. He can't very well go back now and try to say the witnesses are mistaken or that it didn't happen. And the longer he doesn't cross-examine Handling's witnesses, the better."
"Why?"
"The jury is hearing an awful lot of information that suggests Rashman knew exactly what he was doing with nothing being said to dispute that. By admitting upfront that Rashman kidnapped you and tried to kill you, Barning pretty much had to forfeit the opportunity for cross-examination.
"Right now, the only thing he's got working for him is the power to object. And even that has only been sustained once so far. Which means he basically has to sit back and wait until it's time to present his side of the case. By that time it might be too late," Frank smiled.
"You think?" Joe asked hopefully.
"I think it's a good possibility. Handling could have every single juror convinced Rashman knew exactly what he was doing before Barning even has a chance to open his mouth. Whatever he's planning to use as a defense strategy, it looks like he's putting all his eggs in one basket. And that's a huge risk that could very well backfire on him," Frank concluded, hoping he had been able to put Joe's mind at ease.
"I never thought of it from that perspective," Joe murmured, taking in everything Frank had said.
Frank saw a thoughtful look appear on Joe's face. "What else?"
"You think Barning will put Rashman on the stand?"
Frank had begun shaking his head vigorously before Joe even finished asking the question. "Absolutely not! No way!"
Joe laughed. "Don't be wishy-washy, Frank, tell me what you really think!"
Frank laid out his theory. "If Barning puts him on the stand, Handling gets to cross-examine him. For some reason, Rashman can't seem to hide how much he enjoyed hurting you or how much he hates you and both attorneys know it. It would take about thirty seconds for Handling to push his buttons and get him to admit he knew exactly what he was doing to you, that he liked doing it, he'd do it again in a heartbeat and his only regret is that he got caught. He'd have himself convicted in under a minute."
"When you put it that way I almost wish Barning would put him on the stand and let him gloat. I could handle whatever he said just knowing he was digging his own grave," Joe responded.
"Well, I'd just as soon not see you go through that," Frank said, wishing he could somehow shield Joe from the emotional turmoil the two attorneys seemed hell-bent on inflicting upon him. Frank nervously wondered exactly what Barning was planning to use as a defense and hoped whatever it was, Joe would be ready for it.