The Case of the Defenseless Prosecutor
Chapter 18
18.1
The usual courtroom excitement was in the air in Judge Coleson's court as it always was when Perry Mason was the defense attorney. He had made such a name for himself that the courtroom was always filled to capacity to watch the brilliant attorney in action. All eyes were on the big lawyer as he entered the courtroom with his ever-present secretary, Della Street. The crowd looked on as Mason greeted his client.
The case had generated more than its share of publicity. If it was not enough with Perry Mason defending, the fact that he was defending the Los Angeles district attorney himself, against a charge of murder only fueled the public interest. The famous detective Chief Robert T. Ironside had been brought in from San Francisco to investigate the case did not help to slow down the interest the case had created. Now the shooting of the detective had brought even more people to the courtroom. So many in fact that dozens had been turned away.
The crowd gave new meaning to standing room only as the back of the courtroom was full of people who had arrived too late to find a seat. The buzz around the room flowed as the crowd waited for what they hoped would be the moment Perry Mason would once again blow the lid off the prosecution's case. So far, it had held together but Mason had yet to present the defense's side of the case.
Acting District Attorney, Wayland Grant entered the courtroom. Cameras clicked and people stared, wondering if this was the man who would finally beat Perry Mason. Grant came down the aisle and opened the gate, which allowed entrance to the defense, prosecution and witness stand. He headed straight for Perry Mason's defense table. He offered his hand, which Mason shook. "Good morning counselor," Grant said politely.
"Good morning Mr. Grant," Perry said with his usual class and charm.
"How's your brother doing?"
"Fine. Thank you for asking. He was released this morning from the hospital."
"So soon?" Grant said with surprise. "I thought he would be in the hospital for several days."
"You don't know my brother. Not much keeps him down. Not even bullets," Perry said with a smile.
"He has proven that. Well, I am sincerely happy he will recover," Grant said.
"I did not get a chance yesterday to thank you for helping get Bob into that van. I appreciate what you did," Perry said sincerely.
"Don't mention it. You know that as much as reporters can help us at times, they really are a dumb lot. Blocking the lift the way they did could have cause Ironside his life. A story….that is all that matters to that bunch." Grant nodded and returned to his table, setting down his briefcase.
Judge Coleson entered the courtroom as the bailiff called out, "All rise."
Perry and Della rose along with their client, Hamilton Burger and waited for the judge to take his seat on the bench. Coleson immediately address the court. "The court is aware of the shooting that took place outside this institution yesterday. Mr. Mason, the court apologizes for what you and your brother were put through. I know I am joined by the district attorney and everyone in this courtroom in saying we pray for his complete recovery."
Perry stood up. "Thank you, your honor. My brother underwent surgery to remove the bullet and was released this morning. He is back on the job."
The judge did not try to hide his surprise. "Well I guess they don't call him the Ironman on Wheels for nothing." The remark brought out laughter from the packed crowd in the courtroom. "Mr. Grant, you may call your next witness."
"The people call Marco Rustoff to the stand."
After Rustoff was sworn in and seated, Grant approached the witness stand. "Mr. Rustoff, state your full name and occupation please."
"My name is Marco Rustoff. I am in charge of computer security at the Johnson Tech Corporation."
"Now as an expert in computers I would like you to describe the system in which you oversee," Grant said.
Mason was up immediately, "Objection! No foundation laid for representing this man as an expert."
"Sustained." Judge Coleson agreed. "Mr. Grant, you might possibly want to have Mr. Rustoff state his qualification and education in computer science."
"Yes, your honor." Grant returned his attention to his witness. "Mr. Rustoff, will you please tell the court what education and training you have received in computer science?"
"Of course. I went to….. For the next ten minutes, Marco Rustoff told the court of his education and experience in computer science. He went over the areas in which he was considered an expert and gave references of those he had worked for and those who recommended his expertise to others. When he was finished, Wayland Grant turned around to look at Perry Mason. "As long as there are no objections from Mr. Mason I would now like to question Mr. Rustoff as an expert in computer science."
Perry stood up. "No objections."
Now Mr. Rustoff, would you please tell the court as an expert what it is you do at Johnson Tech."
"I am charge of making sure the entire computer system run smoothly. I handle all security for the system. In other words, I make sure each individual can only access what they are authorized to access. I am responsible to make sure the system is not breached by any outside or inside source. I am also in charge of the computer surveillance system, that is all the cameras and the system on the computers that run the surveillance system."
"In other words you are charged with the security of the entire computer system. Is that correct," Grant asked.
"Yes sir that is exactly what I do."
"Now Mr. Rustoff, were you in charge of the system on the day of Conner Wolff's murder?"
"Well yes I was but I was not in the building at the time."
"I don't understand. Then how could you be in charge of the system?"
"I make sure the system is running correctly when I leave at night so that if the building is broken in it is recorded by the computer surveillance system. I make sure the system is turned to night surveillance. I turned it on before I left that night," Rustoff.
"Then you make sure everyone is out of the building?"
"Yes, through the computer system."
"How is that done?"
"Through sensors that trigger the computer system."
"Did you check the building on the night of the murder?"
"Yes."
"And no one was in the building when you left?"
"Yes. Someone was in the building."
"And who would that be?"
"Conner Wolff."
"Why was he allowed to stay in the building?"
"He is in development. Those guys work all sort of crazy hours. Conner Wolff had clearance to be in the building at any time."
"Was anyone else in the building?"
"No, only Conner Wolff. That is he was the only one when I left the building."
"And no one else was in the building?"
Perry Mason stood up. "Your honor, I must object. The question has been asked and answered."
"Sustained. Move on Mr. Grant." Coleson's eyes bore into Wayland Grant's.
"Your honor I am only trying to make it clear that no one was in the building since the defense is going to claim that someone was."
"Mr. Grant, at this point Mr. Mason has made no such claim. Move on!"
"Yes, your honor." Grant walked back to the prosecution table where Sgt. Holcomb had placed a computer monitor and a laptop computer. "I would like the computer security recording entered into evidence."
Again, Mason was up. "Objection, no proper foundation has been laid. That could be the NFL game of the week for all we know."
"Well what do you think I have been doing?" Grant said sarcastically.
"That is enough gentlemen. Mr. Grant, Mr. Mason has a point. What is the purpose for entering this recording into evidence?" Coleson asked.
"Your honor, it is the computer recording of the night of the murder," Grant said.
"Your honor, Mr. Grant just spent the better part of this witness's testimony claiming no one was in the building. Do we have to be forced to watch three or four hours of empty halls?" Mason continued to object. Laughter spread throughout the courtroom.
Coleson banged his gavel down on the bench. "Order in the court! Mr. Grant?"
"Your honor, the halls were not empty that night. This recording will speak for itself."
Mason shook his head. "Mr. Grant has not established there was anyone in those halls, therefore I still object as no proper foundation."
"At this point I am going to have to sustain Mr. Mason's objection." Coleson ruled.
Frustrated, Wayland Grant went back to the witness. "Mr. Rustoff, were you asked by the police to check the security recording?"
"Yes sir," Rustoff answered.
"And what did you find?"
"I found an individual had entered the building on the night of the murder."
"Do you recognize the lap top computer and monitor that are sitting on the prosecution's table?" Grant asked.
"Yes sir. That is the computer and monitor I turned over to the police. It contains the recording on the night of the murder," Rustoff responded.
"NOW, I would like to have the laptop computer with the recording entered into evidence," Grant said seemly proud to have beaten Perry Mason. "I would ask now that Mr. Mason's objection be overruled."
Mason stood up. "I withdraw my objection, your honor." He smiled and sat back down as Wayland Grant shot him a disgusted look.
Hamilton put his hand to his face to hide a smile. He whispered to Mason. "You knew he would get it into evidence, Perry. You could not stop it."
"No but I could make him follow procedure. You see the way he gets flustered whenever he is challenged. You would not have tried to enter it without laying the foundation. The more we can upset him the more mistakes he will make."
"He is not normally this way in court. I think it is because of you. Everyone seems to be nervous when they oppose you. They all want to be the first one to beat you."
"And someday someone will but I suspect that someone will be you, not Wayland Grant," Perry whispered.
"You can't know how much I hope you are right and not because I want to be the first to beat you…..although I do." Hamilton smiled.
Perry returned the smile and returned his attention to Wayland Grant.
18.2
Daylight was showing through the basement window. Sgt. Ed Brown awoke. Pain vibrated throughout his body. He looked around. He did not recognize his surroundings. The room was small, not much bigger than a large walk-in clothes closet. It was full of boxes of what appeared to be old computer discs dating back several years.
Ed attempted to break the bondage of the ropes that held his hands together behind his back. Whichever one of his captors that had tied his wrist certainly wanted to be sure he would be unable to loosen them. His feet were tied by the same rope, pulled down from his hands to draw his legs up and behind him. The rope bound his feet together. There was a rag stuffed in his mouth and held there by duct tape. Ironsides detective lay on his side. His head hurt.
Brown attempted to drag himself into a sitting position. He winched at the pain that pounded in his head. Lying back down Brown closed his eyes and willed the pain away. He could hear footsteps down the hall. It sounded like more than one or even two people, Ed thought. He waited as whoever it was reached the door. Somehow, he had to alert them he was in here. He tried yelling. It came out a muffled sound that would never be heard across the room let alone on the other side of the door. Ed attempted to slam his feet against the wall to no avail. They were bound too tight.
He noticed a chair across the room. He began pulling himself toward the chair. Then he heard his visitors stop at his door. Ed stopped his progress toward the chair. Again, he tried to call out and again his muffled scream could not be heard.
"Kick it in." He heard the voice say, a voice that made him rejoice. The door lock tore away from the frame as Lt. Andy Anderson kicked the door open. He entered the room with Lt. Arthur Tragg right behind him. Both men headed for the tied up sergeant. Anderson removed the bandage from his mouth.
"Hamilton…..is he alright?" Ed asked.
A familiar wheelchair bound detective wheeled into the room. "He's fine." Ironside looked at his sergeant, relieved to see that Ed was mostly unharmed. "I thought you were supposed to be on the job."
"I thought you were supposed to be in the hospital," Ed replied.
"Well it appears neither of you are where you are supposed to be," Tragg said. "Now do you want to tell us what went on here?"
"I'll tell you what happened. Sgt. Brown did not bother to report in last night. He was partying at a bar and hanging out with criminals. Just too busy to report in." Ironside barked with a straight face.
"Well, I am sorry Chief. I was tied up," Brown came back showing a bit of a smile at the coroner of his mouth. Years of working with the chief had helped in keeping up with his boss's wit.
Ironside grinned at his top man.
"How did you find me?" Ed asked. "In fact what made you think they would even keep me alive?"
"We got a call at the station warning Perry and the chief to allow Hamilton to be convicted or they would kill you," told him.
"But it would have made more sense to just kill me. They knew I knew too much," Ed said a bit confussed.
"They were under the mistaken belief that they could control your boss," Lt. Anderson said.
"That is a mistaken belief. No one controls the chief," Ed said. "Still that doesn't explain how you found me."
"You can thank Perry for that. He figured they would have limited places to hide you. And what better place to hide you than where they thought we wouldn't look than….."
"Right back here at Johnson Tech," Ed said interrupting Chief Ironside.
"Alright, let's have it, Ed. What happened?" Ironside ordered.
Brown gave his timeline of the previous evening. Ironside listened as it followed and agreed with what Hamilton Burger had told them. When Brown finished, he waited for Ironside's response.
"Lt. Tragg finished his investigation of the remaining corporations. Perry and I took a look at all the evidence this morning, along with Hamilton. We have a plan, Ed. Here is what we are going to do…"
18.3
Wayland Grant approached the witness stand. He looked back at Perry Mason. "I would now like Sgt. Holcomb to play the security video, if it pleases the court."
"Go ahead Mr. Grant," Coleson instructed.
Grant walked over to the prosecution table and helped Sgt. Holcomb set up the equipment. He was sure to place it so that it was directly in front of the jury. The judge and the defendant's table had to turn in order to see it. On screen, the video showed empty halls. Grant pressed several keys on the computer to move the video forward to more empty halls.
Mason could not resist. He stood up and said, "Your honor, I hope we are not going to be subjected to hours of empty halls?" Laughter reigned throughout the courtroom.
"Mr. Grant?" Judge Coleson asked.
"I am almost there, your honor." Grant snarled.
Hamilton leaned sideways toward his lawyer. "Perry, what was that all about? You know what is on that video."
"Of course I do but it rattled Grant." Mason said.
"Your honor, we are now ready," Grant announced.
"Go ahead Mr. Grant. Play your video." Judge Coleson instructed.
Grant pressed the enter button on the computer and the image of Hamilton Burger entering the building appeared on the monitor. He was followed down to the hall to Conner Wolff's office by the camera. The next scene showed Hamilton Burger leaving the office with the bloody knife in his hand. There was a collective gasp around the courtroom. Grant again pressed the enter button and the image of Burger placing the knife in his pocket was paused on the screen.
Grant triumphantly walked over and stood beside the defense table. He looked at Perry Mason with a smirk on his face. His eyes followed down the table to Hamilton Burger. "Mr. Rustoff, is this the security video you turned over to the police?"
"Yes sir. As soon as I saw what was on it, I contacted the police and gave it to them," Rustoff said.
Sgt. Holcomb had reversed the video by this time. Burger was on the screen entering the building. "What time does that security video show the defendant entering Johnson Tech?" Grant said in a booming voice that could not quite match that of Perry Mason's.
"It shows him entering at eleven thirty," Rustoff said as he watched Sgt. Holcomb move the security video forward.
"And what does this next video show?" Grant said with a sweeping jester of his right hand toward the computer monitor.
"It shows the defendant leaving while placing a knife in his pocket," Rustoff said.
"And what time does it show him leaving?" Grant said in a dramatic voice.
"Eleven thirty five," Rustoff answered. Again, many gasps were heard around the room.
"Perry…." Hamilton began.
"Relax Hamilton, I have a little computer trickery of my own up my sleeve," Mason said with a smile. "Della, would you go get the video. Mark Smithers should be out in the hall with it right about now. Have him join us." Della got up and left the courtroom. Perry and Hamilton returned their attention back to the witness stand.
"Now Mr. Rustoff, you stated earlier, no one could possibly hack into your security system. Is that correct?" Grant asked.
Perry stood up, "Objection! Your honor we have already been over this."
Grant shook his head in obvious frustration. "Your honor, it is obvious the defense attorney is going to claim that someone outside of the Johnson Tech Corporation tampered with the system. I am only trying to be sure the court understands that it would not be possible."
"Your honor, the defense has no intention of claiming someone outside of the Johnson Tech tampered with the security video," Mason said with a smile.
Grant looked at Mason in disbelief. "You don't?"
"No, Mr. Grant, I don't" Mason smiled again.
"I would warn the district attorney again not to anticipate the defense counsel. Just present your case," Judge Coleson said.
Mason sat down. Grant stood there looking at him. "Mr. Grant! Any more questions of this witness?" Coleson asked after a long silence.
"Ummm, no your honor. You may cross examine," Grant said as he walked back to the prosecutor's table and sat down.
"This is where it gets fun," Mason whispered to Burger. He stood up, directed his attention to Marco Rustoff and said "Now Mr. Rustoff, is it your contention that no one in the Johnson Tech Corporation could have tampered with the security video."
Wayland Grant shot out of his chair. "Your honor! Mr. Mason just said he had no intentions of questioning the witness regarding tampering of the security system. I stopped my examination because of it. I must object to this line of questioning."
Judge Coleson had a slight smile on his lips, as he was sure he knew what was coming. Perry Mason had appeared in his courtroom many times tripping up the prosecution in this manner. "Mr. Mason?"
"Your honor, I said I had no intentions of questioning this witness on whether an outside source could tamper with the security computers. I did not say I would not question him about someone INSIDE the company tampering with it," Perry Mason said knowing he had already won this argument with Judge Coleson.
"Oh your honor, what's the difference. Mr. Mason is trying to stall and waste the court's time." Grant was livid.
"Mr. Mason is technically correct, Mr. Grant. I am afraid I am going to have to overrule your objection."
"But your honor!" Grant protested.
"Overruled Mr. Grant! If you have anything further you may ask on re-direct. Mr. Mason, you may continue."
Mason glanced at Hamilton Burger just before he left the defense table and caught the very slight shake of his head and the turn up at the corner of his mouth, in recognition that he himself had fallen into that trap a few times.
Mason walked over to the Marco Rustoff, laid both of his hands on the witness stand and stared his steely blue glare into the eyes of Rustoff. Rustoff became uncomfortable and looked away.
"Now Mr. Rustoff, I am very interested in that video. In fact I have been so interested in that video that I had an expert of my own take a look at it." Mason said.
Della Street returned to the courtroom. Mark Smithers followed behind carrying a video disc and another computer. Della motioned for him to take a seat directly behind the defense table. The entrance of the two had caught the attention of Wayland Grant who was worried about what Mason was up to.
"Your honor at this time I would like Mr. Rustoff to take a look at the same video and give his opinion," Mason said.
Grant stood up, "Your honor that video was not part of the prosecution's case. I must object to its introduction by Mr. Mason."
"Your honor, Mr. Rustoff has been represented to this court as an expert in computer science. Before the security disc was turned over to the district attorney, defense made a copy of it and had another expert look at it. The defense has the right to challenge this witness on his expertise concerning this video," Mason maintained.
Coleson took only a moment before saying, "I am going to allow this. Objection overruled."
Grant shook his head but said nothing further before taking his seat. Mason turned toward Mark Smithers. "If it would please the court, I would like Mr. Mark Smithers to come forward and operate the computer."
"Go ahead Mr. Mason," the judge said.
Mark Smithers came forward with the second security disc and computer. He placed the disc into the computer and advanced it to the point where Hamilton Burger entered the Johnson Tech Corporation. Mason turned toward Sgt. Holcomb. "Sergeant, would you do the same with the prosecution's security disc, please."
Once Sgt. Holcomb reset the prosecution video disc, Mason had both men start the two discs at the same time. Hamilton Burger came in the door and walked down to Conner Wolff's office before entering and disappearing. Mason had Holcomb and Smithers stop both videos at the same time. He walked over to Rustoff and asked, "Do you notice anything usual about either of those videos?"
"No, they are exactly the same," Rustoff said.
"Are they?" Mason asked.
"Yes," Rustoff repeated.
"On this we agree. Both are a video of Hamilton Burger entering the Johnson Tech Corporation at eleven thirty at night."
"Mr. Smithers!" Mason called out. Smithers advanced his computer to Burger's departure as Holcomb advanced his to the same. Both computers showed his time of departure at eleven thirty five. "Do you see any difference in either of these videos?" Mason asked.
"No, they are the same as well," Rustoff said.
Mason nodded at Smithers who turned the computer for access to the keyboard. After keying information into the computer, the monitor on the defense's computer had a noticeable time change. On the prosecution's disc, the time showed eleven thirty five at night but on the defense's disc, the time read eleven thirty in the morning. "Tell me, Mr. Rustoff, do you see anything different now?"
"Of course, you changed the time on the security disc," he said showing some discomfort.
"No Mr. Rustoff, we did not change the time on the security disc. It was discovered in the course of having another computer expert check the disc, that the original had been altered. The defense's security disc is the accurate one."
"Objection, your honor. It has not been established that the defense's copy is accurate. It is a copy after all."
Judge Coleson had a frown on his face. "Mr. Grant, I am going to allow Mr. Mason to continue with this demonstration. We are all trying to get at the truth and that video contradicts the prosecution's video. Continue Mr. Mason."
Mason had Smithers play back the portion of the defense's security video that showed Berger leaving Conner Wolff's office and stopped for the time. "Can you identify this security disc video," Mason asked.
"Yes, it is the same video you played a few minutes ago. It is Burger leaving Wolff's office at the time of the murder."
"No, Mr. Rustoff. This video was added to the security disc by Mr. Smithers. It was given to him by Officer Eve Whitfield of the San Francisco Police Department. It was taken from your computer, Mr. Rustoff. It is a video of Hamilton Burger leaving Conner Wolff's office at eleven thirty in the morning on the day of the murder. We have four witnesses who will testify to seeing Mr. Burger in the building. We received a court order to the contents of your computer Mr. Rustoff."
"You had no right!" Rustoff shouted.
"The court order says we did," Mason said. "However I would now like the same video compared to the prosecution's disc." Mason again nodded at Smithers, who along with Holcomb set up the videos. It was obvious they were the same video except in the defense's disc Hamilton Burger slipped the keys to his car into his pocket and on the prosecution video disc he was slipping a bloody knife into his pocket.
"Do you see a difference in those videos, Mr. Rustoff?"
"You had them faked, Mason," Rustoff said, not very convincingly.
"No Mr. Rustoff. You took the original of Mr. Burger leaving the Johnson Tech Corporation at eleven thirty in morning, placing his keys in his pocket and altered it to appear that he left the company at eleven thirty five while placing a bloody knife into that pocket did you not?" Mason thundered.
"No, I did no such thing!" Rustoff shouted.
"Then how do you explain the difference in the video security discs?" Mason wailed.
"I don't. I know that what I turned over to the cops was the genuine article."
"How do you explain Mr. Burger was found in the office not in the hall with a bloody knife in his pocket?" Mason voice boomed across the courtroom.
"I don't. I am not a cop."
"How do you explain there was no blood in Hamilton Burger's pocket?"
"How would I know? Maybe he placed it into a case in his pocket preventing blood from getting on his clothes. You're such a genius, you figure it out!" Rustoff yelled.
Mason glance at the jury out of the corner of his eye. He knew he had had an impact. "I have no further questions of this witness."
"Re-direct, Mr. Grant?" Coleson asked.
Grant sat at his table, dejected. "No your honor.
"The witness may step down," Coleson told Rustoff. "Call your next witness Mr. Grant."
"That concludes the Prosecution's case," Grant said.
"Since it is approaching five o'clock, we shall adjourn until tomorrow when the defense shall present its case." Judge Coleson got up and left the courtroom.
"That was a nice piece of work, Perry." Hamilton smiled.
"Thank you Hamilton. But you should thank Eve Whitfield and Bob Ironside for supplying the video. By the way, Della got a call when she was out of the courtroom. They have found Ed Brown," Perry said.
"Is he alright?" Hamilton asked
"Yes, he's fine. Mr. Rustoff is in for a bit of a surprise when he leaves this courtroom," Perry grinned.
Wayland Grant approached Mason and Burger. "You may have destroyed the video as evidence but nothing is going to destroy the fact that Burger was found with the body holding a bloody knife. And, there is the fact that he threatened to kill Wolff in front of witnesses because of his goddaughter. None of your fancy lawyer tricks are going to save him from the death penalty." He turned to leave but hesitated. He turned back and said, "It's nothing personal Hamilton. I believe you are guilty and it was you that taught me to do everything humanly possible to put murderers behind bars." Grant turned and left without giving Burger a chance to respond.
"Nothing personal," Burger growled. "Maybe not for him. You would think he would stop and think. The planting of false records into the Bar Association's computer and now this should have sent up a red flag. Does he hate me that much that he can't admit there is a chance I am being framed?"
"I don't think he hates you, Hamilton. Maybe his is just a prosecutor that is blinded by the fact that he believes the defendant is guilty. I have seen it before," he grinned. "Let's go. I'm hungry," Perry said. "Come on Della, I'll buy you a steak dinner."
"You've talked me into it, counselor." Della allowed Mason to take her elbow and lead her out of the courtroom. When they arrived in the hall, Perry watched as two plain clothed policemen led Marco Rustoff into a room. "Hamilton, Della & I will join you outside." Mason took Della by the arm and followed Marco Rustoff into the room, which he was led. He spotted his brother's wheelchair across the room.
"Mr. Rustoff, my name is Chief Robert T Ironside of the San Francisco Police Department. This, I am sure you know is Officer Eve Whitfield. You two have met. We want to talk to you."
Rustoff looked at Ironside in front of him and started sweating.