The Case of the Defenseless Prosecutor
Chapter 2
Perry and Della walked into the restaurant. Della spotted Hamilton Burger and Arthur Tragg at the restaurant's bar. "There are Hamilton and Arthur," Della pointed out.
Perry glanced in the direction Della indicated. "Della, get us a table for four. We'll join you in a moment." Perry headed in the direction of their friends.
When he approached Burger and Tragg, Arthur put out his hand. "Well if it isn't the vacationing lawyer. When was the last time you had a vacation Hamilton?"
Burger also shook hands with Mason. Perry noticed Hamilton's hand was shaking a little. "Who can afford to take a vacation? My client doesn't pay me as well as Perry's clients pay him."
Perry just smiled at the ribbing his friends dished out. "Grab your drinks and join Della and me for lunch," Perry said as he turned and walked away from the two men.
Tragg and Burger picked up their drinks and followed Perry to the secluded table Della had chosen. After everyone was seated and greetings exchanged Perry said, "Celebrating the guilty verdict?"
Hamilton's mood immediately soured. It was clear he was very upset. "He got off, Perry"
Mason sat back in his chair with a shocked expression. "How is that possible? Lt. Tragg told me you proved he did it."
"Wolff must have gotten to someone on the jury," Hamilton said angrily.
"He would have to have bribed the entire jury, Hamilton. The chances of that were very unlikely," Della said.
Conversation halted momentarily, while the waitress took their orders for lunch.
"That slimy Littleton had the nerve to come over to the prosecutor's table and rub it in," Hamilton complained.
"The man has no scruples," Perry said. "Do not let him get to you. Wolff will slip up eventually and the Lieutenant will put him right back in the courtroom.
"I just cannot believe the jury could find him innocent with the overwhelming evidences that you presented," Della said in disbelief.
"There just doesn't seem to be any justice anymore," Burger growled.
"The system works more often than not, Hamilton," Perry reminded him.
"Well, it failed miserably this time," Burger complained. "I just don't see how the jury could have looked at that evidence and then come back with a not guilty verdict." His voice was gradually rising. "That piece of garbage is back on the street. What am I supposed to tell the families of those victims? They were depending on me to make sure Wolff paid for the deaths of their love ones." People were beginning to stare at Burger.
The waitress brought sandwiches for everyone. After placing them on the table, she disappeared into the kitchen.
Lt. Tragg did not like how Hamilton was reacting to the verdict. He had not calmed at all since the verdict was announced. He decided it was time to change the subject. He turned to Mason and asked, "How did the vacation go?"
Perry grinned. Great! At least the part after all the shooting stopped. By the way Hamilton, how's the leg?"
"Still a bit sore but I am living with it." Hamilton rubbed the leg for emphasis.
"There is something I want to know," Tragg directed his attention at Perry. "Is Ironside as grumpy on vacation as he is in the office?"
Perry laughed. "Actually he is not grumpy in the office. You have to understand Bob. He is so used to getting results. If he does not get them he gets frustrated. That is when you get that rough, tough demeanor of his. He gets what he wants because people are intimidated by his manner. No one wants to cross him. It only seems like he is grumpy."
Tragg was not convinced though. "Could have fooled me. Seems like grumpy to me."
Perry and Della laughed. "He had Barbara with him," Della said. She kept him happy the whole two weeks. His mood was rather jovial."
Tragg's cell phone rang. After listening, he told whoever was on other end he would be right in. "Duty calls. Hamilton, take care of my bill. I catch the next one."
After Tragg left, Perry looked at his friend. He did not like what he saw. "You did your job. Let Tragg do his. Don't do anything you will regret later."
Hamilton did not look back at Perry. He raised his hand to call for the check.
"Don't worry about the check. I will get it this time. I owe you for that leg," Perry said.
Hamilton nodded. "Thanks Perry. I'll see you later." He got up and left.
Della expressed her concern. "Perry, I am worried about him. He is not himself. He has really been affected by the verdict in that trial."
"Della, can my appointments be rescheduled?" Perry asked.
"Yes. They are not that pressing. Why?" She asked him.
"I want to talk to Lt. Tragg. There must be more to this than just losing the case. Hamilton has lost cases before when he was sure the defendant did actually do the murder. I have never seen him react this way. Sure, he has been upset but I have never seen him display the anger he did. I am not that familiar with the case. Maybe Lt. Tragg knows something about it that would cause Hamilton to react the way he did." Perry put his hand up and called for the check. "Come on Della, I'll walk you across the street. I am going to pick up my car. I'll be back later." Perry threw a hefty tip on the table. He took Della's elbow and headed to the cashier to pay the bill.
xxxxx
Hamilton Burger went to the police station. He made a point to avoid Lt. Tragg. He did not want to explain what he was doing here. Instead of taking the direct route to the evidence room, he went out of his way to go down halls that he would least likely run into anyone. When he arrived at the evidence room, he noticed no one was at the desk. He tried the door but it was locked. Hamilton glanced around. No one seemed to be in the area. He hoisted himself up, over, and through the open window. Checking once again for signs of police officers, he headed for the aisle that contained the evidence for the Wolff case.
When Burger arrived at the shelf that contained the computer taken from Wolff's apartment, he pulled it down. He spotted a table and set the computer on. Burger looked around for an electrical outlet. Sliding the table to the closet outlet, he plugged the power cord in. After powering up the computer, Burger placed the first of ten flash drives into the computer. He began copying files. After filling up the ten flash drives, he turned off the computer and put it back where he got it.
Hamilton arrived back at the entrance to the evidence room. He noticed the door was opened. He looked around for whoever opened the door. Having not spotted anyone, Burger left the evidence room and headed down the hall unaware that he had been observed doing so.
xxxx
Perry arrived at police headquarters. Down the hall, heading toward him was Lt. Anderson. "Hello Perry….here visiting a client?"
Perry smile and replied, "No. I came to see Lt. Tragg."
"I just came from there. He's in his office," Anderson said.
"Thanks," Perry said and headed down the hall toward Tragg's office. Upon arriving, he knocked on the lieutenant's door.
"Perry, I didn't expect to see you. Don't tell me you are representing Jason Warner?'
"No, Lieutenant. I am not. Actually, I came to see you," Perry said.
Tragg looked at Perry for a moment and then said. "You want to talk about Hamilton, right?"
"As a matter of fact, I do. Both Della and I were concerned about Hamilton's behavior at lunch today. We have never seen him react to a trail verdict as he has the Wolff trial. Do you know if there was a reason for his reaction?"
"Sit down, Perry," Tragg said.
Perry sat down in one of two chairs that were placed in from of Tragg's desk. He waited patiently for Tragg to start.
"This case was a multiple murder trial," Tragg began.
"Yes, I knew that."
"There were five people murdered at Johnson's Tech Corporation. The company manufactures computer parts," Tragg said.
"Isn't that the corporation that has been sued to stop them from manufacturing a supposed new computer chip? One that is supposed to run computers five times faster than they are running now," Perry recalled.
"That's right. That chip was introduced as the corporation's exclusive invention. The problem is the Harris Corporation in San Diego claims the chip was created in their company."
"Is there any connection between the two corporations?" Perry asked.
"Yes, there is. Connor Wolff work for the Harris Corporation before coming to the Johnson Tech Corporation. The CEO of Harris is claiming that Wolff stole the clip and the plans for it when he resigned his position to go to Johnson Tech."
"What does the executives at Johnson Tech say," Perry asked.
"They claim it was developed by Wolff six months after he came to the Johnson Tech. According to their CEO, a man by the name of Charles Patrick, he worked closely with Wolff, keeping track of his progress. He claims there is no way the chip was stolen. He counter sued the Harris Corporation claiming they are using Wolff as a means to try to steal the chip."
"So, how does this all tie into the murders?" Perry inquired.
"All five of the employees that were murdered from Johnson Tech also worked at the Harris Corporation. The basis of the motive for murder was the five employees were going to expose Conner Wolff as having stolen the chip. They had arranged, according to William Morrison, CEO at Harris, to turn over proof of the theft to him. However, when Morrison arrived at the agreed upon place, he found all 5 employees shot to death."
"And of course there was no proof of a theft found on the scene," Perry guessed.
"No, nothing." Tragg got up and went to his file cabinet. He pulled out a file. "All this is on the computer but it will be easier for you to read it from here." He handed the file to Perry. "You can take this with you. There is a lot in there to absorb. But it will answer all your questions about the case."
"Arthur is there something about this case that has brought Hamilton's emotions bubbling to the surface," Perry asked.
"One of the murder victims was his goddaughter. She went to San Diego University and got a job with the Harris Corporation. After Connor Wolff took the job at Johnson Tech, he called her and offered her a job with Johnson. Laurie loved her work at Harris but she was excited at the prospect at doing the same type of work here in Los Angeles. It meant she could be near her parents and still make the same salary. Since she had no family in San Diego, she decided to make the move back to Los Angeles."
"Hamilton was rather excited when she moved back. He rarely had the opportunity to see her when she was in San Diego. They kept in rather close contact with here after she moved back here to Los Angeles."
"Why didn't Hamilton turn this case over to the deputy district attorney? He was too close to it to be objective. He never should have prosecuted it himself," Perry said shaking his head.
"I agree. I tried several times to get him to do exactly that but to no avail. He insisted on doing it himself. He kept saying he owed it to Laurie's parents to see that the murderer was punished."
Perry was not buying that explanation. The deputy DA is an excellent lawyer. He was perfectly capable of handling this case. I would like to know why he did not stop insist Hamilton step back from this one."
"He did but Hamilton would not have any part of it. He pulled rank on him. Everything you need to understand about the case is in that file. I hate to cut you short, Perry but I have to be in court this afternoon to testify in a breaking and entering case. If you have any questions, do not hesitate to call me. Make sure I get that file back when you are done. Oh one thing, just what do you intend to do with all this information?"
"I am going to try and find a way to help Hamilton accept what has happened and move on. Dwelling on it is not healthy. I am afraid he might do something he will regret later. He has been a good friend. He helped me with that first case in San Francisco. Then he was responsible for one of the big breaks in Commissioner Randall's murder trial. Now that injured leg of his happened due to him trying to get to the cabin because he was worried about me. The least I can do is try to help him with dealing with the shock of this verdict. I owe him that much," Perry said.
"Good luck Perry. Call me if you need anything else." Tragg got up indicating the conversation was over.
Perry walked out of the office with Tragg. He offered his hand to Tragg who shook it and headed down the hall in the opposite direction Perry was going.
xxxx
Connor Wolff drank down the rest of his beer. "Do you have another one of these, Marco?"
"Yea, I have a refrigerator full of beer. Help yourself."
Wolff went to the refrigerator and took out another bottle of beer. He returned to the living room and settled into the recliner he had been sitting in earlier. "Let's talk about how we can break into a few computers that contain records on Hamilton Burger."
"What is this obsession of yours with Burger? You got your job back didn't you? When you called me to help you, I said yes before I had a chance to think about it. I am not interested in messing with the district attorney. If you want to go through with this I think you need to find someone else." Marco took a drink of his beer.
"Listen, Marco, you owe me. I got you the job at Johnson, didn't I?" Wolff said.
"Sure you did but ever since I got the job, you have had me breaking into computers. I do not want to continue doing this, Connor. Eventually you are caught. Your luck runs out."
"Burger is not going to leave this alone. He is going to come after me. Do you really want him doing that? The trail could easily lead to you," Wolff pointed out.
"Is that a threat?" Marco asked.
"It's reality. What if he gets the idea to start checking the computers here? Would you want him doing that?"
"Don't threaten me Connor. There is proof you killed those people. I could turn it over to Burger." Marco said.
Connor laughed. "Go ahead! I have been found not guilty of murdering….."
"Burger could try you again with the information I have," Marco shouted.
"You don't know very much about the law, do you Marco? Even if they could prove I killed those people….let's see how do they put it? Oh yes, even if they could prove it beyond a reasonable doubt, they cannot try me again. Haven't you ever heard of double jeopardy?"
Marco was fuming but Wolff had him backed into a corner. "Alright, but this is the last time. What do you want me to do?"
"I want you to break into the Bar Association computer and put some information in Burgers old file." Wolff pulled an envelope out of his jacket and gave it to him.
Marco opened the envelope and read the paper Wolff had given him. "What good will this do? People are going to recognize this as gossip. It can't be proven when the individual you named here is dead."
"It doesn't have to be proven. Burger is up for re-election this year. It only has to convince a few people he is corrupt and presto! He is booted out in November," Wolff grinned.
"Alright, I will do it but this is it, Connor. I am not going to keep doing this for you. This is the last time. Never again….do you understand me?
xxxxx
Perry entered the office early in the evening with the file Lt. Tragg had given him. When he opened the door, Della was waiting for him. Perry looked around but did not see Gertie. "Are we alone?" he asked.
"Yes we are," Della said with a smile.
Perry closed the distance between them and took Della in his arms. He lowered his head and his lips met hers. "Do you realize we have not been alone in two week?" He asked.
"I certainly do. How would you like to come over for dinner tonight? I will even cook for you," she said, running her finger down the side of the lawyer's jaw.
"Hmmmmm….sounds like a plan but first I want to read this file," Perry said.
Della let go of Perry. What could possibly hold your interest more than an evening with me?"
He put his head back and laughed. "Are we feeling neglected?"
"Well, just a little. Can't that file wait until tomorrow?" She returned to his embrace and whispered in his ear.
"That sounds wonderful but I really need to read this file. In fact I would like you to read it with me," Perry said.
Della sighed. "What is this file anyway?"
"It's the police file on the Wolff investigation," he answered.
"How in the world did you get a hold of that?" Della stood back and picked the file up from where Perry had dropped it.
"Lt. Tragg gave it to me. I think he is just as concerned about Hamilton as we are. He offered it to me. I did not even have to ask him for it."
"Well the sooner we get started, the sooner we can go back to my place," Della purred.
Perry smiled. "Are you trying to rush me?"
"No counselor. You can always go home alone," she teased.
"I'll tell you what. Let's take the file to your place and I will read it while you prepare dinner. You can read while we eat. We can discuss it in the morning. Then we can figure out something else to do for the rest of the evening," he said with a dimpled grin.
"I thought you would come around. I'll get my purse."
xxxxx
Mark returned from school to find his boss already in pajamas and ready for bed. He noticed he was reading the Los Angeles Times. "I would ask you if you were checking up on Perry but he has only been home one day. What is going on in Los Angeles that has your attention?"
"Hamilton Burger lost the Wolff murder case," Ironside said.
"Wasn't that the guy that was charged with the murder of five fellow employees?" Mark asked. He headed into the kitchen. "Do you want anything chief?"
"Yes he was and yes, you can bring me a glass of bourbon," Ironside answered.
"I thought they had the evidence to convict the man. What happened?"
"I don't know. I asked Perry about the case when we were at the cabin but he had not followed it. He had a case of his own going on at the time. All he could tell me was Lt. Tragg said that Burger had more than enough evidence to put him away."
"Apparently the jury wasn't convinced, chief. I wonder what went wrong." Mark came back from the kitchen with two glasses and bottom of bourbon.
Ironside looked at the bottle and then at Mark, "I said a glass of bourbon not a bottle."
"I feel one of those nights coming on," Mark said.
His boss looked at him and raised his voice, "And what is one of those nights?"
"You know the kind where you go sit and look out the window for hours on end, thinking. I thought you might want more than a glass."
Ironside looked at his friend and frowned. "It helps me clear my mine."
"Ok, then tell me what is bothering you? Is it Barbara?" Mark asked as he sipped his bourbon.
"No. Everything is fine. She thinks she found an apartment. She wants me to look at it tomorrow."
"Then what is it?" Mark asked him.
Ironside hesitated and then said, "It is this case that Hamilton Burger just lost. From everything I just read he should not have lost it. Furthermore, Connor Wolff looks familar. I know I have had some kind of dealings with him."
"Then it should be in our files," Mark suggested.
"I checked. We have nothing under that name in the computers or in the filing cabinets. Yet I know I have come across that man before. He must have used an alias. When Ed and Eve get here in the morning, I want them to start going through the files and find him. I am going to be with Barbara when they get here," Ironside said.
"Alright, I will tell them. What time will you be back?" Mark asked him.
"When I get here," he replied loudly. "Mark, I think I will go to bed after all. Give me a hand, will you?"
Mark followed Ironside as he wheeled himself over to his bed. Once he had his boss settled, Mark went into his room and shut the door.
After sleeping a couple hours, Ironside woke. He picked up the receiver, dialed his brother's number, and waited for an answer.
xxxxx
Perry stirred at the ringing of the phone. He grabbed the receiver to prevent it from waking Della who lay asleep in his arms. "Hello," he said sleepily.
"I figured you would be at Della's when I did not get an answer at your place," Ironside said.
"Bob, what are you doing up at this hour? Do you ever sleep?" Perry questioned.
"Of course I sleep. I wanted to talk to you about the verdict in the Wolff trial," Ironside said.
Della stirred. She opened her eyes. "Who is it?"
Perry placed his hand over the receiver and replied, "It's Bob. I don't think he can sleep."
"So does that mean we don't get to either," Della mumbled.
Perry turned his attention back to his brother. "What is it you wanted to know?" Perry tried to rub the sleep out of his eyes.
"I read the article in the paper about the trial. The picture of Connor Wolff bothers me. I know that man from somewhere, Perry."
"Did you check the police records in San Francisco?"
"Yes, but there was nothing under that name," Ironside said.
"Bob, maybe you are mistaken."
"No Perry, I know that man from somewhere," Ironside insisted. "Can you get me some background information on him?"
"I have the police file of the investigation from Lt. Tragg. I read through it tonight. I talked to Tragg today about it. One of the victims was Burger's goddaughter. The verdict has really affected him. I thought I would look into it…..find some way to help Hamilton to get past it. Tell you what, I will call Tragg and find out if he can give me any information on him that is not in the file. The only thing I know right now is both companies he worked for are accusing the other of stealing the computer chip."
"Give me a call as soon as you know," Ironside said.
"Make sure you call him back in the middle of the night," Della said.
Perry put his hand over the receiver speaker, "What good would that do? I certainly would not wake him." He removed his hand and said, "Bob, what are you going to do with this information? Do you have some reason for investigating Wolff? If you do both Tragg and Burger would be very interested in what you find out."
"Right now I just need to know where I know the man from. It cannot be good if I recognize him. Maybe there is something there that can help them build a new case against him. So call me when you have some information on him," Ironside said gruffly.
"Alright, I'll call you as soon as I have something….and Bob," Perry said.
"Yes," Ironside said.
"It won't be tonight so go to sleep, will you?" Perry hung up the phone. He settled back as Della adjusted in his arms. "Tragg once said he heard he never sleeps. I am beginning to think he heard right."
Della chuckled. "Go back to sleep counselor."
xxxxx