Chapter 12

"Ms. Ackerman, please tell the court how you know the defendant, Peter Fairchild."

"I worked for him for almost five years."

"In what capacity?"

"I was the bookkeeper for his architectural firm."

"Please tell us when you left and under what circumstances."

"I was fired by Mr. Fairchild six months ago because I was having an affair with his partner, Evan Carpelli."

"What did you do upon leaving the firm?"

"I filed a personal harassment suit against Peter Fairchild for firing me without sufficient cause."

"And what is the status of that suit?"

"He settled it out of court. He paid me $25,000."

After entering the settlement statement as evidence, McCoy continued.

"So you were fired when it became known that you were involved with Mr. Carpelli?"

"Yes. Peter was mad because Evan refused to end our relationship."

"How did you know he was angry?"

"He had an argument with Evan in my office. Peter said that if Evan didn't stop seeing me, he would fire me. But Evan wouldn't do it."

"Is that the only time you heard the two argue?"

"No. The day I left, they had another argument. I thought Peter was going to hit him, and at that time, I overheard Peter threaten Evan."

Morgan stood. "Objection. It's hearsay, Your Honor."

"Ms. Ackerman overheard a very loud conversation the two partners had. Other employees have already testified to hearing them argue on that day. Ms. Ackerman was close enough to actually hear the words," McCoy argued.

"I'll allow it," Rivera said.

"In what way did Mr. Fairchild threaten Mr. Carpelli?" McCoy continued.

"Peter said that if he wanted, he could get rid of Evan, too," she answered.

McCoy paused a few seconds to allow the jury to absorb what she had said.

"No further questions," he said, walking back to his chair.

Morgan stood up and walked slowly toward the witness stand with her arms folded, looking at the floor as if she were thinking.

Although McCoy, Carmichael, and most of the jury couldn’t see Morgan's face, the look on Ackerman's as the other woman approached was very clear. Her expression became defiant and wary.

"Ms. Ackerman," Morgan began, "Isn't it possible Mr. Fairchild simply meant that he could 'get rid of' Mr. Carpelli essentially the same way he got rid of you?"

"I don't know what he meant. I only know that Peter was very angry when he said it."

"Please tell us what your duties as bookkeeper entailed."

She shrugged. "I logged in and deposited all incoming revenue, I paid the company's bills and I was responsible for the payroll."

"So it was your responsibility to see to it that all the firm's employees were paid, and that their W2's were sent to them at the end of the year, correct?"

"Yes."

"Were you responsible for only the weekly salaries, or were you also responsible for the quarterly bonuses that were paid?"

"I was in charge of both."

"Do you remember a man named Manuel Rodriguez?"

"Objection. Relevance?" McCoy questioned.

"It pertains to the credibility of this witness," Morgan assured him.

"Overruled," the judge said.

"Thank you. Ms. Ackerman, please answer my question. Do you remember Mr. Rodriguez?"

"I'm not sure."

"Maybe I can refresh your memory," Morgan said, turning to the defense's table and picking up some papers. "This is a copy of a W2 for Manuel Rodriguez for last year. He was a construction worker on one of the firm's projects for about nine weeks." She handed a paper to Ackerman. "Do you recognize the name now?"

"Yes, I suppose I do. He was with the company for such a short time, I guess I forgot."

"Understandable," Morgan agreed. "Do you know where Mr. Rodriguez is now?"

"I'm not sure, but I think I forwarded his W2 to an address in Mexico."

"You did. Mr. Rodriguez's work visa ran out and he returned to Mexico a few days after he collected his last paycheck from the firm. I'd like to admit into evidence documentation for this, Your Honor," Morgan stated. "Ms. Ackerman, can you explain to us why Mr. Rodriguez was paid a $10,000 bonus for working only nine weeks?"

"I don't think he was," Ackerman answered. "But if he was, I'm sure it was some sort of mistake."

McCoy glanced at Carmichael, who carefully looked straight ahead.

Handing Ackerman a paper, Morgan asked, "Is that Mr. Carpelli's signature at the bottom of this cancelled check for $10,000, made out to Manuel Rodriguez?"

Ackerman took the paper and nodded, "Yes it is."

"I would like to enter this photocopy of the check into evidence and please let the record reflect that the copy came from the bank the firm used," Morgan said.

"So noted," Rivera nodded.

"Did you forward this check to Mr. Rodriguez's address in Mexico as well, Ms. Ackerman?"

"I don't remember."

"As per company policy, all forwarded checks were to be sent by registered mail, correct?"

"Yes."

"But you don't remember if you sent a registered letter to Mr. Rodriguez in Mexico?"

"No, I don't."

"Well, I suppose that's good, because Mr. Rodriguez never received such a letter, or the $10,000, as this affidavit shows." Morgan handed the woman a letter. "I would like to enter this into the defense's evidence as well."

Morgan handed her another paper. "Please tell the court what this is."

After studying the paper for a second, Ackerman looked up angrily, but didn't respond.

"Please answer my question, Ms. Ackerman," Morgan prompted.

"It's a copy of a bank statement."

"Can you be more specific?"

"It's a copy of a statement for Eldon Lawson."

"Objection, Your Honor. The people see no relevance to this entire line of questioning." McCoy was beginning to sound annoyed.

Morgan turned to the judge. "It will establish the credibility of this witness. If Ms. Ackerman is allowed to answer my next questions, the relevance will become clear."

"I'll allow it, but get to the point quickly, Ms. Morgan," he admonished.

"Yes, sir. Thank you." She turned her attention back to the witness. "Who is Eldon Lawson, Ms. Ackerman?"

"He's my brother."

"And what is the amount of the deposit shown highlighted on the statement?"

Ackerman glared at Morgan. "$10,000."

Morgan took the paper from her. "Please let the record show that the deposit to Mr. Lawson's account was made two days after the bonus check was made out to Mr. Rodriguez." Morgan continued, "So, were you really fired for having an affair with Mr. Carpelli, Ms. Ackerman, or was it for embezzlement?"

"I was unjustly fired for having the affair."

"Do I need to remind you, you're under oath, and that the penalty for perjury includes jail time?" Morgan asked pointedly.

"Objection. She's badgering the witness." McCoy's annoyance was growing.

Morgan turned to look at him as he stood behind the prosecution's table. Even from several feet away, he could see the anger in her eyes.

"Permission to treat the witness as hostile." Morgan stared at McCoy, not even looking at the judge.

"Permission granted."

Only then did she turn back to Ackerman. "You were fired because you fabricated a bonus to a man who conveniently was no longer in this country, and so wasn’t in a position to find out about it. Then you took the money for yourself."

"That is not true."

"And when Mr. Fairchild found out, he told Mr. Carpelli to fire you, but Carpelli refused. Isn't that what they argued about?"

"That isn't what happened."

"Isn't it true that once Mr. Carpelli was convinced of your guilt, he confronted you and ended your relationship?"

"Evan and I continued seeing each other even after I left the firm."

"And isn't it also true that you held Mr. Fairchild responsible for the break-up and brought the harassment suit against him as a result?"

"He settled the suit. Why would he do that if what I said wasn't true?" Ackerman demanded.

"Because $25,000 was a small price to pay to be rid of you," Morgan snapped. At the sound of McCoy's chair scraping on the floor, she said without turning, "Withdrawn. No further questions."

***Since Ackerman was the last witness on the prosecution's list, and since it was reasonably close to 5:00, court adjourned for the day.

Carmichael was not looking forward to the ride back to the office. She knew McCoy well enough to read his mood, and he was definitely unhappy. Even though she felt she had done everything possible to verify Ackerman's story beforehand, the fact that she had obviously missed things made her feel more than a little responsible. That Ackerman was their last witness didn't help either. The jury's perception of the prosecution certainly hadn't ended on a high note.

Morgan and Fairchild exchanged a few words before he left and she began to clear the table.

"I don't know about you two, but I could use a drink," Carmichael suggested.

Morgan glanced up. "Thanks, but I have a ton of work waiting for me."

To Carmichael's surprise, McCoy said, "Come on, Counselor. We've had a long day. I think we could all use a break."

Morgan looked at him, seeming to give his suggestion thought. "Fine," she finally relented, sounding decidedly unhappy herself.

They walked to the same place they had visited previously, exchanging few words on the way. It was only after they had ordered and received their drinks that Morgan spoke up.

"I really wish you hadn't forced me to do that."

"It didn't seem to me you minded too much," Carmichael said with a hint of a smile.

"For the sake of my client, I did what was necessary. But I don't enjoy dealing with people like Tina Ackerman under any circumstances, and certainly not in front of a jury." She looked over at McCoy with a frown. "Did you not believe me when I told you about her, or did you simply choose to ignore me?"

He met her eyes. "It was a calculated risk I felt we had to take."

"Where did you get all that information about her?" Carmichael asked. "I checked her out thoroughly, and I didn't find any of it." She directed her last statement to McCoy as much as to Morgan.

Morgan sat back and sighed, rubbing the back of her neck. "I've known Tina for a long time. I also know something about her background and family. I guess I can't really blame you for being fooled by her. She is a habitual liar who's always looking for easy money. She's also the kind of person who gives women with legitimate complaints a bad name." She sighed again. "I should never have let Peter settle that suit. I should have fought it for him."

McCoy watched her curiously as she sat frowning. He didn’t understand why she would be upset over discrediting a prosecution witness. "Why don't we forget about Tina Ackerman for a while," he suggested.

Although for different reasons, Morgan and Carmichael both readily agreed.

Carmichael sipped her drink. "Are you ready to start your defense tomorrow?"

"Of course."

"Speaking of defense," McCoy said, "you never mentioned how things went at the police station over the weekend. Did Mr. Rigel find the man he was looking for?"

Morgan took a drink before answering slowly, "It's hard to say. He thinks he may have."

McCoy looked at her sharply. "Yes or no, Counselor: does this workman have a record?"

"The man he tentatively identified as the same one he let into the Fairchild's apartment does have a record."

He allowed a note of sternness into his voice. "Today is Tuesday. You've had this information since Saturday. What happened to keeping me posted?"

"If I had anything concrete, I would’ve told you right away. I'm just not that confident in Mr. Rigel's identification. I have more of a reason to find the guy than you do, but I want to be sure this is the right one. I'm going to try to get the doorman down to the station this weekend to see if he can verify Mr. Rigel's ID. So far, he's been reluctant to get involved."

McCoy relaxed a little. "You mean he won't do as you ask?"

Morgan shrugged. "I seem to be having trouble finding the right motivation for Mr. Stevens."

After talking for a short time longer, Morgan glanced at her watch and decided it was time for her to leave. The three walked out together, winding up back in front of the court building.

"Do you want to meet later to go running?" Morgan asked Carmichael.

"Sure. In fact, if you want to drive me back to the office to get my car, I could follow you there. I brought my clothes with me today."

McCoy put his hand on Carmichael's shoulder. "Not so fast, Counselor. You and I need to have a little talk. With Adam," he said pointedly. "She'll meet you later, Calea."

"Sorry," Morgan said sympathetically at Carmichael's dreading expression. "Don't be too hard on her, Jack. You're going to need all the help you can get in the next few days."

McCoy smiled. "See you in court."