For the People Chapter 17
"Mr. Spiegelman, based on everything you've described about your investigation, what is the chance that the additional copy of the DNA analysis introduced by the defense presents the accurate results?"
"Zero percent, Ms. Beckett."
"That's all I have," Kate declares.
"Cross, Mr. Wittenbros?" Judge Gleason inquires.
Pressing his palms against the defense table, Wittenbros gets to his feet. "Mr. Spiegelman, how can you be 100% sure that the report Ms. Beckett introduced as genuine isn't in fact the product of a hack meant to incriminate Mr. Lazeroff?"
"Mr. Wittenbros, I've already described the error that would make the results of the second report impossible. However, I found further evidence that doesn't depend on the slip of a finger. All documents are internally timestamped as to their creation and modification. That timestamp may not appear to the user or on the report, but it exists nonetheless if you know where to look. I know where to look. The report Ms. Beckett introduced was created first by a user corresponding to the lab that did the analysis. The report you introduced was timestamped days later by a different user, one my trace revealed to be in the Russian Federation. Every indication points to Ms. Beckett's version being authentic and the one you presented as altered. I found no evidence for the reverse, none."
"Would it be possible for someone more skilled than yourself to find such evidence?" Wittenbros presses.
"I don't believe any analyst I've ever known of could find it, Mr. Wittenbros, but if you can find someone who can, I suspect CISA would jump at the chance of hiring them – unless they work for the Russian mob."
"Object to the characterization 'Russian mob,'" Wittenbros sputters.
"Strike the reference to the 'Russian mob,'" Gleason declares calmly. "Do you have any more questions for this witness, Mr. Wittenbros?"
Wittenbros sniffs with disgust. "No, I'm finished with him."
"So now, Wittenbros gets to put on his defense?" Rick asks, pouring a glass of wine for Kate.
"Assuming he decides to put on a defense," Kate replies. "He doesn't have much on his witness list. He'll have his own DNA expert. But after Asher's testimony, I doubt the jury will be convinced. I could see the suspicion in their eyes when they looked at him after Asher's testimony. If I were Wittenbros, I'd try to convince Lazeroff to plead out."
"And you'd let him plead out?" Rick queries.
"Probably not, but I'd love to hear Wittenbros beg."
Rick grins. "Ah, the joys of schadenfreude."
"I'm also considering bringing charges of fraud and evidence tampering against Wittenbros. But if I raise that at the trial, Wittenbros could claim it was prejudicial, and Gleason would probably agree. And I'd want to talk to Shapiro first. Doing something quietly through the Bar Association might be more effective than trying to prove a case in court. So now you've heard about my day."
"Actually I've heard twice. Ryan called to give me the lowdown. It reminded him of when you tripped suspects up in the box. But he only knew what went on in court, not the more intimate details."
"How did he think the case is going?"
"He thinks you're going to hang Lazeroff up by his balls, although unfortunately not literally. Reportedly, that's what Esposito would like to do, along with refinements involving high voltage."
"I understand, but I think Gleason would consider that cruel and unusual punishment." Kate offers.
"I think that would be the point – the cruel part anyway. But I guess Espo will have to settle for a conviction and the maximum sentence."
"If that's what the jury and Judge Gleason mete out. But without a plea, Wittenbros will try to drag his presentation out as long as possible to let Asher's testimony fade from the jury's minds."
"Which you will, of course, thoroughly refresh with your closing."
"I'll do the best I can. But I think we've beaten the case to death for now. What's happening with your Imus book?"
"The supervising editor at G & S has declared it ready to go to press. They want it on the shelves – the ones that still exist – in time for Christmas shoppers."
Kate takes a sip of her wine. "It's not exactly a Christmassy book."
"No, it isn't. But the 'In God's Name' part bears at least a tangential relationship to seasonal shopping. And the heaviest sales still occur during the holiday rush. But having it come out then means a late fall book tour, at least hitting the higher profile talk shows. And it might be nice to drop into LA for a couple of days as temperatures plummet in the Big Apple. It would be even nicer if you could come with me."
"That will depend on how my caseload works out. I can't take off if I'm in the middle of a trial."
"I know. But I'll have my fingers crossed. And in the meantime, not having a daily grind on the book frees me up to work with you now that Shapiro's loosened up a bit. My research skills will be at your beck and call. Hmm, Beckett's beck and call. I like it."
Kate sets her glass on the counter and wraps her arms around Rick's waist. "I like it too. But how about your other skills?"
"What skills did you have in mind?"
"How about if we start off with scrubbing my back in a hot shower and see where we go from there?"
Rick sets his wine next to Kate's. "A journey I can't wait to begin."
"Yo, Beckett!" Esposito calls in the hallway outside the courtroom. "How long do you think it will take for the jury to come back?"
Kate shrugs. "Javi, you've been through enough trials to know how unpredictable juries are. It could be minutes, hours, or days. Why don't you and Ryan get something to eat? I think the cafeteria downstairs hired a new cook. The food's not been half bad lately. There are actually jalapeños in the chili. I'll get an alert from the clerk if the jury comes back, whenever that is, and I'll let you know."
"Whenever it is, Beckett," Esposito repeats.
"I won't let you miss it. I'll text, email, and call. You'll know as soon as I do. I promise."
"All right," Esposito accepts. He taps Ryan on the arm. "Let's go, Bro."
"Yeah, with Jenny on her newest veggie kick, I'm dying for a double burger."
Esposito strides toward the stairs. "Just in case, let's eat fast."
The Senator from Delaware, Jack Mullen, calls the Senate Ethics Committee to order. "Look, we all, on both sides of the aisle, know what the issue is. Members of our body are accused of crimes in the press, and this committee is called out for not addressing those matters. The complaints from my constituents surged after Richard Castle's book on Bill Bracken came out. In addition, my staff has heard indications that he'll be coming out with a new book concerning another senator. The fresh exposé could make people look back at the older one. And before anyone points out that Bracken's in prison for life, he was actually tried for only one of his many alleged crimes. We should at least have a hearing to take note of that. Does anyone have a motion to call Assistant District Attorney Katherine Beckett as a witness? According to Castle's book, Bracken was behind the murder of Beckett's mother. As a detective, prior to becoming a prosecutor, she investigated the case for many years. Listening to her testimony will show that we care about exploring Bracken's complete criminal history. If it's convincing enough, we can make a referral to the DOJ or whoever's jurisdiction the crimes fall."
"Move to hold a hearing into the proven and alleged crimes of William Bracken and call Katherine Beckett as a witness," Senator Klochar responds.
"Second," Senator Crenshaw offers.
"Then according to the regular order, committee members will have five minutes to speak on the motion, by seniority, alternating by party," Mullen announces. "Without objection, the chair is authorized to call a recess as required."
As Kate downs her fourth cup of coffee, waiting for the Lazeroff verdict, Rick's ringtone sounds from her phone. "Kate, you're not going to believe this. I have an alert set for any news in which your name comes up. The Senate Ethics Committee intends to call you as a witness concerning the crimes of William Bracken."
Kate's hand trembles as her fingers tighten around her cell. "Omigod!"
