Thanks to everyone who continues to review. Here is the next chapter. I hope it is up to standard!
Chapter 8
"Alright, what the hell was all that?" Judge Reinhardt asked as soon as the door closed behind the lawyers.
"It was irrelevant and highly prejudicial to our clients; that's what it was." Thirly Wilson answered. "Your Honour, Mr McCoy has a history of ambushing the Defence in exactly this way."
A glance from the Judge silenced him, then Reinhardt's gaze focussed on Assistant Executive District Attorney Jack McCoy.
"Jack?" she pressed.
"Judge, Mr Allen's testimony is as much a surprise to me as it is to the Defence. There was no mention of SD6 in his deposition!"
"Yeah, you'd better duck Jack, there's a low flying pig heading right towards you!" Shapiro responded.
"Counsellor!" Reinhardt warned, "Mr McCoy has denied any prior knowledge of this testimony. Unless you have evidence that he has engaged in professional misconduct I suggest you keep those sorts of remarks to yourself. Now, what are we going to do about this SD6 testimony?"
"I move for dismissal of the charges against our clients." Wilson answered, "The implication that Mr Bristow and Mr Sloane have recently engaged in other serious criminal activities is both prejudicial and highly inflammatory. If this gets to trial, there's no way an impartial jury can be empanelled now!"
"That's a load of bull!" Serena Southerlyn burst out. "There were at most a hundred people in that courtroom.
"Including members of the media." Abbie Carmichael reminded her. "What do you think their leading with on the lunchtime news even as we speak? By this evening, Mr Allen will have gone the rounds of the news programmes and talk shows and everyone in New York State and beyond will know what he said. This was what we feared, before he was just a loony with a grudge against the CIA and a web site. This hearing has given him the credibility and platform he craves."
"Thanks Abbie," Reinhardt said dryly, "I'm the person who insisted on holding this hearing in public. You might like to think about that."
"He's the District Attorney's witness, Your Honour. They are responsible for what he says." Abbie responded.
"I don't agree that this testimony is irrelevant or prejudicial, Judge." McCoy protested. "If true, it goes to show a pattern of criminal behaviour by the defendants."
"Come on Jack." Shapiro protested, "The Statutes say you can use prior bad acts as evidence of a defendant's predisposition to commit certain types of crimes. There is no law on the books allowing you to introduce a subsequent crime to prove an earlier one. And you're forgetting one very important point; the defendant has to have been convicted of the earlier crime in order for you to use it. This isn't even close! These are allegations offered without any evidence to back them up. Our clients haven't even got an outstanding parking violation against them!"
Judge Reinhardt intervened to cool down the heated debate. "OK. Jerry's right. As this is the first any of us has heard about SD6 we have no way of knowing whether it existed or not and it is a matter of fact that neither defendant has any prior convictions. This hearing is about whether this court has jurisdiction to hear this case. I have no intention of turning it into a fishing expedition into the murky waters of CIA activities in general. When we reconvene I will rule that the witnesses' statement was irrelevant and non-responsive and order it stricken from the record. I will also warn him against any further mention of SD6 or anything else unrelated to this particular case."
"But you can't strike it from the memories of everyone who heard it or will have it reported to them!" Wilson pointed out. "It's bound to contaminate the jury pool."
"We don't know that." McCoy said, "People may not believe him and, even if they do, we can't be sure how they'll respond. For all we know they may think that CIA involvement in murder, extortion and theft helps keep this country safe. I know of at least one person in this room who does! I'm prepared to take that risk. I don't see why the Defence shouldn't be."
Reinhardt sat back in her chair to consider. Finally she spoke. "I agree with the D.A. on this one, people. If this case gets to trial you will both have an opportunity to question jurors during voir dire, not only regarding this particular allegation, but on their views about CIA activities in general."
"Then at least issue a gag order preventing Allen talking about SD6 outside of the courtroom, Judge." Abbie begged.
"Sorry Councillor, there's a little thing called the 1st Amendment. You might have heard about it in Law School."
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Weiss handed Vaughn a plastic cup of coffee and a Danish and sat down beside his friend on the bench set in the corridor of the Criminal Court Building.
"It's a media feeding frenzy out there." he reported. "They're interviewing anyone with even the vaguest connection with the case. Hell, their so desperate, they're even interviewing each other! It's a good thing I've got such a forgettable face; otherwise you'd have died of hunger and thirst." He became serious. "That SD6 stuff was a shock. It really hit Nadia and Syd hard. How are they coping now?" he asked.
Vaughn absent-mindedly sipped the coffee and took a bite from the Danish. "Not well." he answered, "especially Syd. Watching powerless as your father is publicly accused of being a torturer and murderer and dragged through the courts is bad enough, but the mention of SD6 brought back feelings and memories she's been compartmentalising since Nadia came into her life and she's had to work with Sloane again. She and Nadia are both down in the holding pens with their fathers. They got permission for a court visit but I can't imagine what they're going to talk about after what just went down in the courtroom!"
Weiss nodded gravely. "They're going to need us to be there for them." He paused and went on, "How do you think this is going to play out in the long term? I mean in relation to APO?"
Vaughn looked at him questioningly. "What do you mean?" he asked.
"Well, our Director and Deputy Director are being paraded through the courts. Pictures of them are being shown on the nightly news. Not the best way to run a covert operations unit! Do you think they'll be removed from APO or the unit will be disbanded, or what?"
Vaughn shrugged as he finished his pastry, "I haven't given it a lot of thought." He looked seriously at his friend, "I haven't discussed this with Syd, but…" He paused and took a deep breath, "We both know Jack and Sloane well enough to know they could have done what they're charged with. We have to face the possibility that they may actually be convicted. That's what keeps me awake at nights, wondering how Syd will cope if Jack is sent to prison for a long time."
"It's never going to happen!" Weiss predicted confidently. "Those guys are like Teflon, nothing sticks to them. Look at everything they've gotten away with already. Even if they are found guilty, I'll put money on them escaping within three months max and sending Syd and Nadia postcards from some deserted tropical paradise!"
"I hope you're right!" Vaughn responded.
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They sat opposite each other in the bare interview room with its' institutional green paint peeling off the walls. A guard stood at ease but alert by the door.
Sydney realized she didn't know what to say. After that first visit to Riker's Island, she had come to terms with the fact her father was in jail and become accustomed to visiting him there. Conversation had been easier as a result. Today was different. She was angry at Sloane and wanted to shout at him, even hit him. Even more, she wanted to rush out before the television cameras and tell the world the truth about SD6. It was Sloane's fault. He had perpetrated the lie that SD6 was part of the CIA and now, her father, who had worked so hard to destroy that organisation, would also be linked to its' crimes in the public mind. But she couldn't do any of those things so she just sat there.
The target of her anger, opened the brown bag he had brought into the room with him and took out its' contents. "One sandwich, a yoghurt, one apple and a carton of orange juice." Sloane enumerated. "Well, jails aren't exactly noted for imagination in their catering arrangements." He carefully lifted the bread to see its filling, "Bologna." He made a grimace of disgust and turned to Jack, "What have you got?" he asked.
Jack took out the contents of his bag and examined them. "The same." he announced.
"So, no point in suggesting a swap then."
"How can you think of food at a time like this?" Nadia asked angrily. "You heard that man talking about SD6 and the reaction of the spectators."
It was Jack who answered. He spoke sharply, reminding her to be careful about what she said, "Allen's testimony was a surprise to both your father and me, but what's done is done and we have to deal with it. It's certainly not a reason to stop eating. In fact, quite the opposite, we need to stay focussed and alert so we must maintain our energy levels. We need food to do that." To prove his point he took a bite from his sandwich, chewed and swallowed.
"Dad," Sydney chose her words carefully, "A lot of people bought that SD6 story."
Sloane responded, "Our lawyers haven't cross examined him yet. By the time they're finished I suspect Mr Allen's credibility as a witness will be severely damaged. As for the case in general, I thought Wilson did an excellent job in demolishing Miles Henderson's testimony."
Sydney and Nadia both nodded. They had both been quietly confident that the judge would dismiss the charge at that point. As a result, Allen's revelation had come as even more of a shock.
Jack changed the subject. "I see Mr Vaughn and Mr Weiss are both here. I hope they're supporting you through this."
They continued to talk about personal matters until the guard announced that the time allowed for the visit was over.
Sydney and Nadia made their way out of the interview room and holding pen area. When the last gate had locked behind them and they were out of the guards hearing, Sydney turned to Nadia, "This is all Sloane's fault." she announced, "I could kill him!"
Nadia looked at her confused, "Why?" she asked. "Allen thought SD6 was a part of the CIA. We know it wasn't, but APO was set up to be the CIA's version of SD6. Isn't that why my father was put in charge? As members of APO, we lie, we cheat, we steal, sometimes we use violence. Why are those acceptable to you when done by the CIA but unacceptable when done by someone else?"
"The CIA protects freedom and democracy." her sister replied harshly, "SD6 was part of the Alliance, a terrorist organisation dedicated to gaining power for itself."
"So, you're saying the ends justify the means." Nadia pointed out, "I'm sure that many of the U.S' enemies also believe that their cause is just. If we think we can kill and torture because we are in the right, why can't they? Where does it all end?"
Sydney looked at Nadia but she had no answer. Silently they made their way back to pick up Vaughn and Weiss and re-enter the courtroom.
TBC.
Glossary
1st Amendment – The First amendment to the American Constitution. It prohibits the Government from limiting the exercise of free speech.
Deposition – A witnesses' written statement.
Non-responsive – A statement that does not answer the question asked.
Prejudicial – Information that is irrelevant to the case but likely to disadvantage the defendant.
Statutes – Laws passed by the appropriate legislative body (in this case the New York State Assembly.
Testimony – Evidence that a witness gives to a court of law.
Voir Dire - the preliminary examination of a juror to determine their competence to hear evidence.