The Case of the Defenseless Prosecutor
Chapter 12
12.1
"I TOLD YOU TO STAY AWAY FROM RICHARD LITTLETON AND THE FIRST THING YOU DO IS DISOBEY ME," Ironside shouted.
Hamilton Burger stood before Chief Robert T. Ironside. He knew this was not going to be pleasant but he at least felt some comfort that he knew Ed Brown was going to stand up for him. "Chief, I know you did but if you would let me explain….."
"EXPLAIN?" Ironside shouted sarcastically. "THERE IS NO EXPLANATION FOR DISOBEYING ME. HAMILTON, WE ARE HERE TO HELP YOU. I EXPECT YOU TO FOLLOW MY ORDERS. IF YOU CAN'T DO THAT THEN YOU ARE GOING TO SPEND THE DURATION OF THIS TRIAL IN A JAIL CELL."
"Chief, I know that you told Hamilton to stay away from Littleton but it is only fair to tell you I took him with me to the meeting Richard Littleton had with Daniel Moorey," Ed said.
"YOU WHAT?" Ironside roared.
"Chief….." Ed began.
"ED, YOU KNOW BETTER THAT THIS. IT IS BAD ENOUGH BURGER DISOBEYS ME BUT YOU!"
Perry Mason stepped in. He placed his hand on Ironside's shoulder. "Bob, before we pass judgment on Hamilton or Ed, let's hear them out."
Ironside calmed down, "Alright, go ahead gentlemen."
"First of all chief, I personally am glad Hamilton was there. If he had not been, I would not be here right now. He saved my life," Ed said. "He also found out more than I have so far." He looked at Hamilton and nodded, "Tell the chief and Perry about what you found out at Littleton's office."
"You went to Littleton's office?" Ironside asked incredulously.
"I went by to talk with his secretary. I made sure Littleton was not there. I was trying to obey your order, Chief. I had to see his secretary. Her name is Heidi Mooretown. She was clearing her personal belongings when I arrived. She had quit because she did not like what Littleton was doing. Chief, she let me look at Conner Wolff's records. He recorded in that record proof that Wolff did indeed kill those five workers from Johnson Tech. Wolf gave him the security video from Johnson. The security system recorded the murders. It was a mistake on his part as Littleton looked at it even though Wolff told him not to," Hamilton told him.
"Didn't you pick up the video from the Johnson Company at the time of the murders?" Della asked.
"Of course I did Della, but the security video was obviously tampered with. I remember the video did flicker and there was some footage missing. Because of what we thought at the time was a malfunction, we were unable to use it in court. Now we know why. The murders were removed and the system was shut down. The man in charge of the computer system which includes the computers that are used for the security system said the computer malfunctioned," Hamilton continued.
"Who is in charge of the computers?" Ironside asked.
"A man by the name of Marco Rustoff, if I remember correctly, "Lt. Tragg said.
"That's correct," Hamilton said. "He testified for the defense that the computers malfunctioned rather than having been tampered with."
"Why would he testify at all?" Perry asked. "He was the one who had the best opportunity and know how to tamper with the security video."
"Because I called an expert that said he could not provide evidence it had been tampered with but he believed it had been. So Littleton countered with Marco Rustoff who is also an expert. He testified that the computers malfunctioned. That is another reason to believe Rustoff is involved in this as well." Hamilton sat down beside Chief Ironside.
Ironside frown and said, "What do we know about Rustoff? Did he have reason to tampered with the system? Does he have a connection to Conner Woff? And did he perjure himself on the stand?
"Until today, Chief, his name had not come up," Lt. Tragg said.
"Bob, Rustoff must be mixed up in this. We know that Hamilton did not cheat on the Bar exam. So someone had to have broken into the system and planted that phony report that he was caught doing so. It would take someone with extensive knowledge of computers and how to breakdown security walls in order to do that," Perry said.
"And Rustoff is an expert." Ironside said. "We need to know just how extensive his knowledge is and if he had the capability of getting past the Bar's computer security. If he was working with Conner Wolff, then we will have to find out if he is the one that planted the information in the Bar Association computer. Since he handled the computer security for Johnson, I think it is a safe bet he does indeed have the knowledge."
"I'll start on him tomorrow," Lt. Tragg offered.
"No, you are not the one to do it Tragg," Ironside said.
Tragg was a bit put off. "What do you mean by that?"
Perry smiled. "If I read my brother correctly, you don't have the legs for the job, Lieutenant."
"We'll put Eve on it tomorrow," Ironside said. "I think she might be more effective than you in this case. Lieutenant, Eve has been checking out the Tennison Corporation. You take that over. I want her on Rustoff."
"Lieutenant, I want to talk to Littleton," Ironside said. "Can you arrange it?"
"I can unless his attorney stops us." Tragg answered.
"We can try but I doubt he will talk to us," Perry said. "He knows there is a pretty good chance he can beat an attempted murder charge. We got him on assault on Ed but there isn't any hard evidence that he was going to kill him. According to what Hamilton told me before we started this meeting. He never confirmed to Moorey that he would kill Ed and he never actually threatened to kill Ed. He knows his days as an attorney are over. He will be disbarred. He will clam up Bob."
"Probably, but if we push the right buttons he might reveal more than he cares to. " Ironside look over at Hamilton. "Since I could not keep you from Richard Littleton, would you like to come with us, Mr. Burger?"
Surprised Burger said, "What do you have in mind?"
"I think you may just be able to rattle him. Perry and I will do the questioning. You Hamilton are going to be a thorn in his side. We are going to use you to bait the hook," Ironside said with a dimpled grin.
12.2
Perry laid in bed reading over his notes on the case. He knew how Wayland Grant would present his case. Even with Bob here to help him, everything was going slower than he had hoped. He had wanted to be able to tear apart Grant's case but they would go to trial in a few days and he did not have the evidence he needed to do that. He would do his best to break the testimony of Grant's witnesses but it was going to be damaging to the case. Perry figured he and Bob would come up with the evidence to clear Hamilton. It was just going to take longer than he had hoped. He had hoped to spare Hamilton the embarrassment. Perry was so engrossed in his paperwork; he did not hear Della enter the bedroom from his private bathroom.
Della slipped into the bed beside him and snuggled up next to him. "Perry, it's late. Put it away. There is nothing else you can do tonight." She took the file out of his hands and dropped it on the floor beside the bed. Perry pulled her into his arms as Della put her head on his shoulder and ran her fingers through the hair on his massive chest. "You are worried about the pace of the investigation, aren't you?" She asked as if she had just read his thoughts.
"We have only just begun but yes. We have not much to go on yet. Bob is right about Rustoff. He is up to his eyeballs in this but proving it is something altogether different."
"What about his assigning Eve to Rustoff? Don't you think Lt. Tragg would be better equipped to do it?"
"No, I think Bob is right there. I talked to him before he left. He said that Rustoff is a major playboy. His preference is blondes."
"But how could Robert know that?" Della asked.
Perry tighten his arms around Della. "Bob has been pumping Tragg about him. Tragg faxed the Wolff file to him. Remember the night he woke us up about two o'clock in the morning?"
"How could I forget ," Della chuckled.
"Well, Marco Rustoff has been on Bob's radar from day one. You know his instincts are never wrong. He wants Rustoff. He thinks it will go a long way to finding out what is going on and who killed Conner Wolf. Since Eve is blonde and Tragg is not….." Perry laughed.
"He thinks Eve will be able to charm the information out of him?"
"Have you taken a good look at Eve? She could charm the information out of any man," Perry said but regretted it immediately.
"Oh really, counselor? Since it is obvious you have taken a good look at her, could she charm information out of you?" Della pulled away from Perry, leaned on one elbow and looked into the blue eyes of her attorney. Her eyes contained a twinkle of amusement at his discomfort.
"That is incompetent, irrelevant, and immaterial," Perry said. "I prefer brunettes….one in particular." He reached out and grabbed Della pulling her into an embrace. Perry lowered his head and his lips met hers. As he deepened the kiss, his hands began to roam. There was a knock at the door. Perry and Della separated. He shook his head and sighed. "Cover up Della, Bob can't sleep. Come in," he called out to Ironside.
The door opened. In ran Otto who promptly jumped up on the bed. Ironside wheeled himself into the room.
"Bob, can you tell this brute to get down? There isn't room for him on this bed," Perry told his brother.
Otto crawled up between Della and Perry and stretched out. When Perry tried to move him, he growled. Della laughed. "Seems, he thinks you are the one that should move."
Ironside wheeled over to the bed. "Perry, we need to talk," he said.
"Talk? Now?" Perry protested. "Can't it wait until morning? We were just going to go to sleep. You would not want to interrupt our rest would you?"
"Now," Ironside said gruffly. "And you were not going to sleep."
Della laughed again. "Give up counselor, you have been overruled."
Perry fell back on the pillow in frustration. "Alright, what did you want to talk about?"
"Rustoff. He is connected to Conner Wolff. They worked in the same company. Tragg found out he and Wolff were seen together quite a bit. Several of the employees said they were friends. Wolff was responsible for getting Rustoff the job at Johnson Tech."
"I know that, Bob. I am going to see him and serve him with a subpoena. I want to get an idea of what he knows. I doubt he is going to reveal much. I am counting on Eve to find out just how well the two did know each other and get proof he tampered with the video security system."
"Perry, is there any way we could get an expert to get a look at Rustoff's main computer? Maybe there is some evidence he broke into the Bar Association computer," Della inquired.
"What about it Bob? I already had that in mind."
"So did I but I want to do it in a way that Rustoff doesn't know we are doing it," Ironside rubbed his tired eyes. "We need someone with extensive computer knowledge to check out what he has been up to. Do you know of anyone that could break into his computer?"
Perry raised an eyebrow. "We would need a court order to do that."
"Of course we would. I don't think we would have much trouble getting it. Tragg can go to Judge Coleson. In the meantime you and I are going to talk to Littleton and Charles Patrick."
"Ok, I agree. Anything else?" Perry asked impatiently.
"No, everything else can wait until morning," Ironside turned his chair to leave the room. Suddenly, he turned his chair back around. "Did you tell Tragg about the attempt on us tonight?"
"Yes, he is going to check into it but doesn't expect to get very far with it since neither you, Mark nor I could tell him the license number or the make of the car. Tragg said he could not do a whole lot with it was a dark colored vehicle.
"No I suppose not but better we at least try to find out. It might be another nail in our killer's coffin if we could find out who tried to kill us tonight." Ironside turned and wheel toward the door.
"Ah….Bob, aren't you forgetting something?" Perry called out looking down at the sleeping German Shepherd between him and Della.
Ironside looked over his shoulder at Otto. "He's already asleep. I don't want to wake him." Perry could not see the big dimpled grin on his face as he wheeled out of the bedroom.
"BOB!" Perry shouted. "COME BACK HERE AND GET THIS DOG. BOB!"
Perry reached down and pushed Otto. "Otto, get off the bed!"
Otto let out a low growl and thumped his tail on the bed. "I don't believe this!" Perry complained.
Della laughed uncontrollably. She patted Otto on the head and said, "Go to sleep, chief"
Perry gave up in defeat. He reached over and turned out the light. "Since the day I met that man, I have been shot, knifed, nearly blown up and now he's got me sleeping with a dog."
Della laughed again. "You can use the rest. So go to sleep, Perry."
"Doesn't look like I have been given a choice," he grumbled. "I just hope the damn dog doesn't snore."
12.3
Perry Mason arrived at the jail with Robert Ironside. The officer in charge of the jail open the cell of Richard Littleton. Ironside wheeled in. Perry followed him in. "Mr. Littleton, we would like to talk to you," Mason said.
"I am not talking to you," Littleton said.
"You might be able to help yourself if you speak with us," Mason offered. "But first, you were in Johnson Tech the night of the murder. What were you doing there?"
"None of your business, Mason," Littleton sneered.
"I'll ask you once again, what were you doing there?" Did you kill Conner Wolff?" Mason asked in his booming courtroom voice.
"You can't hang that one on me. Burger killed him. That's what the police say."
"What were you doing there?" Mason asked again. Littleton said nothing.
"Tell me, Mr. Littleton, when Chief Ironside starts checking on your where abouts and what you have been up to will he discover a motive for killing Conner.
"I DID NOT KILL HIM. I CAN PROVE THAT I WAS NOT IN THAT BUILDING. I CAN PROVE WHEN I SHOWED UP THERE, I ONLY HAD JUST ENOUGH TIME TO GET THERE. SO BACK OFF MASON!"
"So help us then. It is your only chance. We can help you."
"You are in no position to help me, Mason. Grant will never make a deal. He is only interested in making a name for himself. He wants to beat you, Mason. That would make him the first prosecutor ever to beat you in court. So since you cannot help me, why would I help you? You going to represent me?" he said sarcastically.
"I cannot do that, Littleton and you know why," Mason replied.
"Because Mr Mason doesn't help guilty people get off," Hamilton Burger said is he entered the cell.
"What the hell is he doing here?" Littleton growled.
"I just had to see you behind bars where you belong," Burger said with a grin. "How's the view?"
"Go to hell Burger."
"Like I told you before. You first."
Ironside watched the exchange and was convinced bringing Hamilton to Littleton's cell was the right move. It was very apparent neither one of these men could stand the other.
"You let a cold blooded killer off. You knew Wolff killed those people. You suppressed the evidence that would have convicted him for sure" Burger watched for a reaction." He got one of immediately.
Littleton turned his head quickly toward Burger. He knew Burger was trying to get a reaction out of him. Instead of disappointing him, he gave him what he was looking for. Littleton was kicking himself for letting Burger along with Mason and Ironside know there was indeed evidence that he had not allowed the prosecution to know. All three men were far too sharp to have missed it.
Hamilton sat down on the end of his bunk. "You are going to be disbarred, you know that don't you?"
"At least I won't end upon death row will like you will," Littleton snarled at Burger.
"I won't end up on death row. I won't even be convicted. The truth is on my side but you are going to jail for a very long time. You know a cell much like this one. It probably won't be as big as this one and the bed will probably be a foot shorter but you'll do just fine."
"I am going to get a court order to pick up the files on Conner Wolff from your office," Ironside said.
Little turned his head quickly toward Ironside. "Those are private communication between an attorney and his client. You can't touch them."
"Your client is dead, Mr. Littleton. He can't be hurt by the file any longer but you can," Mason interjected.
Littleton could not hide the panic he was obviously feeling. "You can't touch those files."
"I am betting we can, Mr. Littleton," Ironside finally stepped in. "That would make you an accessory after the fact. You will never get out of here." Ironside starred at Littleton.
"If I help you, what kind of a deal will you give me?" Littleton asked.
"No deals!" Ironside barked immediately. "I don't do deals. You will serve your time Mr. Littleton. How much time will depend on you. If you help us, we will make sure the judge knows you did. Then you will have to take your chances with the judge or plea bargain with the district attorney."
"WHAT?" Littleton yelled. "WHAT KIND OF A DEAL IS THAT?"
"I told you, no deals," Ironside repeated. "I don't care if you spend the rest of your life behind bars. It is where you belong anyway. The only thing I am willing to do is tell the judge you helped us find the real killer. You will be disbarred, go to trial and you will be convicted. The judge decides your sentence. If you are lucky he will go easier on you for helping us. Your only other choice will be to plea bargain."
"That is not much, Ironside."
"It's all you are going to get, Mr. Littleton," Ironside's voice was dripping with contempt for the man in front of him.
"And if I refuse?"
"Then I go after that court order for your records on Wolff. You will be charged as an accessory after the fact," Ironside said.
"Ask Mason, Ironside, I would more likely be charged with withholding evidence," Littleton countered.
Hamilton Burger smirked. "When the chief and Perry proved I did not kill Wolff, I will make sure you are charged with the attempted murder of Ed Brown as well."
"Oh shut up Burger! You have no proof I had any intentions of killing Brown. You want to charge someone with that then charge Moorey. He is the one that threatened Brown."
"I saw you raise, cock and point that gun at the spot you left Brown. I will be more than happy to testify to that fact," Burger grinned. "Brown was bound by ropes you tied him up with. You could not possibly have thought Brown was a threat to you all tied up, now could you?"
"You son of a …" Littleton began.
"Easy Littleton, Perry said trying to calm him.
Littleton looked down. He knew they had him. Even if they did not get the accessary after the fact charge Ironside, Mason and Burger were right. They had him dead to right on the assault charge and probably attempted murder of Brown. Once they started investigating him, he knew there would be more charges. "If I help you, I have a condition," Littleton said.
"What condition?" Ironside asked.
"I want Mason as my lawyer when the time comes," he answered.
Ironside grunted and look over at his brother.
"I have a condition for that Mr. Littleton," Mason said. "I will not defend you but I will make sure you get the best possible defense. You will plead guilty and your attorney will do what he can to plea bargain your sentence," Perry said. "You will serve time and probably, quite a bit of time."
Littleton knew that was the best he would get from Mason but he was better off with an attorney of Mason's selection. Whatever attorney he chose himself would probably try to get him off but if he failed, he would get many more years then he wanted to serve. Mason was respected by the judges and the district attorneys. He was the ideal other defense attorneys tried to model themselves after. An attorney chosen by Mason would have a far better chance of plea bargaining his sentence than one he would be able to retain. The fact that Mason would help at all was indeed a surprise to him. He thought for sure he would refuse. "And you Burger? If you beat the murder wrap, you will negotiate with my attorney fairly despite your hatred of me?"
Hamilton Burger looked at the defeated defense attorney. He almost felt sorry for him….but not quite. "I give you my word. My office will work out a plea bargain that is fair for whatever charges you are convicted. We will take into consideration that you helped the police with this murder investigation."
"What do you mean 'we'?" Littleton asked.
"I will have to recuse myself since I am the subject of this investigation. But I will talk to the deputy district attorney that is put in charge of the case," Burger offered. "And one more thing, Littleton, I don't hate you. I deplore what you have done as an attorney and believe the courts will be better off without you but I don't hate you."
Littleton knew this was the best he could do. "Alright, "I'll talk"
12.4
Perry Mason held Della Street by the elbow as they climbed the steps into the courthouse. Hamilton Burger walked on the other side of Della. Pictures were being taken and reporters shouted questions at both Mason and Burger. Perry smiled and called out to them, "No comment." Hamilton ignored the reporters and continued climbing the stairs.
Wayland Grant had already entered the courtroom. He sat at the prosecutor's table. He opened his briefcase and set his paperwork out. Without looking, he knew Mason and Burger had entered the courtroom. The buzz in the room was loud and cameras were going off. Grant could not understand why reporter followed Mason around like a Bloodhound on a scent. The man was just lucky. If it had not been for the incompetence of Burger, Mason's reputation would not be any different than any other defense attorney in Los Angeles. Grant looked around. He did not see Ironside. He wondered what San Francisco's crime crusader was up to. His disdain for the San Francisco cop had grown. Sgt. Holcomb had kept tabs on Ironside and his people.
Grant was not happy with the detectives that were working with him on this case. They were all so intimidated by Robert Ironside they were not doing their jobs. As soon as they found out Ironside had been somewhere ahead of them, they backed off and did not investigate properly. Lt. Anderson had been completely useless. He might as well be working directly with Ironside.
Judge Coleson entered the courtroom as the bailiff called out, "All rise. Judge Joseph Coleson presiding."
Perry, Della and Hamilton all stood up. Perry glanced over at Grant. He knew that look. He had seen it many times before on other district attorneys who were chomping at the bit to beat him in court. It always helped lead to their downfall.
"Mr. Grant. In the case of the People of the State of California versus Hamilton Burger, is the prosecution ready?"
"Yes, your honor."
"Mr. Mason?"
"The defense is ready. Your honor we will waive the reading of the charges," Perry said.
"Alright, Mr. Grant, would you like to make an opening statement?"
"Yes your honor." Grant walked over to the jury with the demeanor of a warrior coming home from a success battle. "Ladies and Gentleman of the jury. Over the next few days the prosecution intends to prove beyond a reasonable doubt that the defendant, Hamilton Burger did indeed kill Conner Wolff in cold blood. We will prove Mr. Burger attempted to prevent Conner Wolff from revealing that Mr. Burger did cheat on the Bar exam many years ago and had been banned from taking the exam again. That alone was motive enough for the defendant to kill the Mr. Wolff. But it was not his only motive"
"Mr. Burger wrongly prosecuted Mr. Wolff for the murder of five fellow employees in an attempt to silence him. When that failed, he stalked him and threatened kill him. The defendant went to the Mr. Wolff's place of employment and attempted to steal computer flash drives, which contain proof he did cheat on his bar exam and to this date has been practicing law illegally. We will show you the security video showing Mr. Burger entering Mr. Wolff's office at 11:30 in the morning on the day of the murder. We will show you he went there with the intention of murdering Conner Wolff. When Mr. Wolff was not in his office Mr. Burger left with the murder weapon in his hand. He returned later the night, killed Conner Wolff and was found standing in the office with the dead body of Mr. Wolff. He held the murder weapon in his hand. We will prove all of this beyond a reasonable doubt. We will expect you to then return a verdict of murder in the first degree." Grant left the jury and returned to the prosecutor's table and sat down.
Judge Coleson addressed Perry Mason. "Mr. Mason, do you want to make an opening statement?"
Perry stood up. "If the court please, the defense will wait until we put on our case."
"Very well, Mr. Mason. Mr. Grant, you may call your first witness."
"The People call Dr. Daryl Kessel to the stand." Grant said dramatically.
After Kessel had been sworn in and seated in the witness stand, Grant approached the witness. "Dr. Kessel, you are the coroner for the city of Los Angeles. Is that correct?"
"Yes, sir," Kessel answered.
"Will you tell the court your qualifications please."
Kessel spent the next five minutes explaining his qualification, how long he had been the coroner, and describing his expertise in his field.
"Dr. Kessel, did you do the autopsy on Conner Wolff, the deceased in this case?
"I did," Kessel said.
"And what were your findings, sir?" Grant asked.
"Mr. Wolff had been stabbed in the back with a sharp instrument. It pierced his heart, causing extensive bleeding and damage," Kessel reported.
"In your professional opinion, was death immediate or did the decease live for a period of time afterward?"
"The damage to the heart would have caused his death immediately."
Wayland Grant walked over to the exhibit table. He picked up the knife and walked back to the witness stand. "Is this the murder weapon?"
Before Kessel could answer, Perry stood up. "Objection! Dr. Kessel could not possibly know if that particular knife was the one used in the stabbing."
"Objection sustained, "Judge Coleson ruled.
"Let me put it another way. Could this knife have caused the wound and the damage you have described?" Grant asked.
"Yes sir, it certainly could have. The length blade is consistent with the depth of penetration as is the width."
"Did you determine a time of death?" Grant inquired.
"Yes, I placed the time of death between nine thirty and ten thirty."
"Thank you doctor. Your witness, Mr. Mason." Wayland Grant went back to his table and sat down.
Perry consulted his paperwork and then stood up. "Doctor, you stated the time of death was between nine thirty and ten thirty is that correct?"
"Yes, Mr. Mason. That is correct."
"Is determining the time of death an exact science?" Mason asked.
"No, of course not. Otherwise we would give you an exact time," the doctor said sarcastically to a few snickers in the courtroom.
Ignoring the remark he continued. "Could the time of death be as early as…..say nine o'clock?" Mason said, raising his voice to be sure the jury heard his question clearly.
Dr. Kessel hesitated. He knew Mason would ask this question. He had no choice but to give him the answer he was waiting for. "Yes, it is possible, although I believe…."
"That is all Dr. Kessel," Perry interrupted. He turned and went back to his table.
"Mr. Grant, re-direct?" Coleson asked.
Grant hesitated and then said, "No your honor."
"You may step down. Call your next witness, Mr. District Attorney.
12.5
"Hello," the man said picking up the ringing phone.
"It's me. The trial has started. Do you want me to take out Mason?
"No! Are you out of your mind. You are to do nothing unless I say so. Just do as you are told and keep an eye on the trial. We don't have anything to do until Mason starts presenting his case. That is when I want you to watch him. If he starts getting close, then we will decide what to do about him."
"What about that San Francisco cop?"
"He should already be dead. You missed him. I would rather take my chances with the Los Angeles police than Ironside. That man is dangerous."
"Do you want me to try again?"
"No, I don't want you to try. I want Ironside dead. And this time, don't miss. Is that clear?"
"I'll take care of it. I won't miss."
As I have stated before, I am not a lawyer. If legal errors are made please take this for what it is intended….entertainment.