Larger Than Lyfe (13 page)

Members of Phinnaeus Bernard III’s family sat right behind the prosecution table. Phinnaeus Bernard’s wife was elegant and dignified, her suit and hair flawless. Phinnaeus Bernard’s two children, were polished and well-educated and seemingly beyond immediate reproach, like a politician’s family.

Partners at Carlyle Brown, Phinnaeus’s law firm, had mutually come to the decision not to make themselves visible in support of the Bernard family over the course of the trial until completion of the firm’s independent investigation into the scandal surrounding Phinnaeus’s death, particularly since the scandal may have been linked to the business affairs of the firm. Carlyle Brown maintained a stellar reputation in the field of corporate law and they would not have that reputation tarnished by one attorney gone bad, even if he was a partner. Partners and associates at the firm sent their con
dolences and words of support to the Bernard family, but all were noticeably absent at the opening of the trial.

Richard Tresvant’s support system was noticeably absent as well. With the exception of his very sizeable legal defense team, no family, friends, nor business associates were present, although several of his business associates were expected to testify on his behalf, including one business associate who would corroborate Ricky’s alibi.

Although neither the prosecution nor the defense had any objections to live television coverage of the trial, Judge Phelton Bartholomew promptly banned live coverage in his courtroom and granted only a handful of press passes to media, without the
presence of cameras, to cover the trial. Judge Bartholomew remembered the O.J. Simpson trial and was adamant that neither the judicial process nor his courtroom would be turned into a three-ring circus.

Los Angeles County District Attorney Steve Cooley stood and took the podium. His team of supporting attorneys stopped whispering among themselves and looked on. The opening statement was a crucial part of the trial. It was the one part of the trial, with the exception of the closing statement, in which both the prosecution and the defense had the most latitude to swing the jury in their favor without objection or rebuttal.

The prosecution knew that spectators, as well as members of the jury, were anxiously awaiting the defense’s opening statement. Therefore, the prosecution’s opening had to have maximum motivating impact on the jury. Richard Tresvant had a team of legal “all-stars” defending him, from Larry Steinberg, Richard’s lead attorney, to Barry Scheck, on forensic evidence. These people were some of the greatest legal minds in the country and were guaranteed to bring as much drama to the trial as the highly sensational murder case itself.

“Organized crime is complex beast,” Steve Cooley stated. “Organized crime is so complex, so insidious, that it is becoming more and more difficult to prove, and organized criminals are becoming more and more difficult to apprehend, indict, and convict. Millions of dollars are spent annually by local, state, and federal law enforcement to bring down organized crime. Millions of dollars more are spent by organized crime rings to continue building their empires of dirty, often blood-soaked, money without interference. It’s a never-ending battle that is glamorized in books, movies and in
current rap music.

“And what does any of this have to do with the execution-style
murder of prominent, Los Angeles, corporate attorney Phinnaeus Bernard III? In the complex and vile machinations of criminal business enterprises and the laundering of criminals’ dirty money, innocent people sometimes get caught most unfortunately in the undertow. One of those people was Phinnaeus Bernard III.

“On March 11, 2005, at approximately 10 p.m., Phinnaeus Bernard III was murdered in the underground parking garage of his workplace at 300 South Grand, right here in downtown Los Angeles; two bullets to his chest and one bullet to his head.”

Steve Cooley stepped over to a giant, life-sized photograph of the crime scene. Spectators in the courtroom gasped in horror. A close-up, blood-spattered view of Phinnaeus Bernard inside his Mercedes with its driver side door ajar glared like a spotlight at the courtroom. Phinnaeus Bernard’s wife wept quietly while the family comforted her. Steve Cooley moved back to the podium and the crime scene photo was removed.

“Phinnaeus Bernard III had a thriving career as a corporate attorney. He was a partner at one of the most prestigious law firms in the country. Phinnaeus Bernard III had no criminal record, no criminal history. Nonetheless, he came to know Richard Lawrence Tresvant…and Mr. Tresvant possesses a lengthy history of run-ins with the law. He sits here now in his expensive suit, with his legal ‘dream team’ and he looks almost like he’s a pillar of the community. But, I repeat, Richard Tresvant has had NUMEROUS run-ins with the law and there have been repeated allegations, complete with ind
ictments, that have brought him to court on multiple prior occasions to fight charges related to major involvement in California’s narcotics pipeline, as well as major affiliations to various other organized criminal enterprises. Each time, he comes to court with high-priced, well-known defense attorneys to fight his case and, every time, he manages to slither right under
the radar of conviction. He’d like you to believe that he is a legitimate, affluent businessman with multiple, lucrative business enterprises, who is perpetually persecuted by Los Angeles law enforcement because he is Black…”

“Objection! Objection, Your Honor!” Larry Steinberg stood up and erupted angrily. “Mr. Cooley’s statements are inflammatory and entirely conjectural!”

“This is an opening statement by the prosecution, Mr. Steinberg,” Judge Bartholomew admonished, “and you are well aware of this. Please retain your rebuttals for the argument. Please continue, Mr. Steinberg.”

“Cocaine and a substantial amount of money were found in Phinnaeus Bernard’s car trunk,” Steve Cooley said. “To most, it would appear to have been a drug deal gone bad. All evidence indicates that Phinnaeus Bernard III’s murder was the result of a professional hit. The People and the State of California have every reason to believe that Richard Lawrence Tresvant personally orchestrated and committed the murder of Phinnaeus Bernard III. We have substantial evidence to support this, including Richard Tresvant’s fingerprints all over the murder weapon. We ask that the jury bring forth a unanimous
guilty verdict following the presentation of the evidence in this trial and convict Richard Tresvant for first-degree murder.”

Spectators glanced over at Ricky at the defense table. He didn’t so much as flinch at the prosecutor’s words.

Spectators filed back into the courtroom after lunch and quickly claimed a seat. Live news coverage of the scene outside the courthouse and highlights of what was transpiring inside had been
taking place all morning. Legal commentators had begun to discuss the murder case on CNN and truTV. Opening statements by the defense were set to begin immediately.

Larry Steinberg’s courtroom theatrics were legendary. It was like getting front row tickets to the Rolling Stones’ farewell concert to get to see Larry Steinberg in action that day. He launched into his opening statement of the case with his usual flair. It was not just what he said to the juries he faced, nor the way in which he presented his very provocative arguments. It was the amazing charisma that accompanied his obvious legal genius. It had been a very strategic move on Ricky’s part to put Larry Steinberg on retainer to represent him.

“This is an open and shut case,” Larry Steinberg stated calmly to the jurors. “As much press coverage as my client and this case are now receiving, as much as the prosecution will valiantly attempt to make you all believe that they have their man and that Richard Tresvant is this ruthless, ego-driven ‘gangster’…some ‘high-ranking drug trafficker’ who gets away with committing ‘numerous’ heinous crimes, this is an open and shut case and I intend to prove to you, without a lot of smoke and mirrors and other skillfully crafted distraction techniques, that you have the wrong man in front of you.
Richard Tresvant did NOT murder Phinnaeus Bernard III.

“There are three significant elements…prerequisites…that must be met in order to indict and convict in any criminal case. They are MOTIVE…TIMELINE and OPPORTUNITY…and EVIDENCE. Of all three of these prerequisites, I, and the other attorneys comprising Richard Tresvant’s legal defense team, intend to show you that the prosecution failed to satisfactorily meet a single one of the prerequisites required to indict and convict. Number One…there exists no motive for Richard Tresvant to
have murdered Phinnaeus Bernard III, other than a molehill made into mountain of circumstantial evidence and the flimsy concoction of the prosecution’s mind.

“Number Two…Richard Tresvant has witnesses who shall come forth over the course of the trial…prominent, upstanding, law-abiding citizens…who will testify to Richard Tresvant’s whereabouts on March 11, 2005, during the time window of the murder of Phinnaeus Bernard III, and Richard Tresvant was nowhere near the crime scene.

“Number Three…the defense has evide
nce, including two passed polygraph tests, one from a polygraphist hired by the defense and a second administered by a State-appointed polygraphist, as well as testimony from nationally renowned forensic and legal experts to prove Richard Tresvant’s innocence, along with the very real possibility that this man has been very masterfully set up…framed…for the murder of Phinnaeus Bernard III.

“After full presentation of the facts and evidence of this case, I ask that you, the jury, bring back a unanimous verdict of ‘not guilty’ for my client.”

“Have you been following the trial?” Marcus asked, joining Keshari in the solarium at her Palos Verdes home.

“Of course, I have,” Keshari responded. “I cancelled my schedule and have been glued to this television all day. Ricky and his trial both are getting heavy coverage. truTV has been discussing him all day. None of this looks good.”

“I agree,” Marcus said. “The feds are on this now. Rick remains confident, though, that the matter is under control.”

“Rick cannot buy all of federal law enforcement. Can you now understand why I am so adamant that it’s time to get out of this?”

“We don’t have time to keep going there, Keshari. We’ve got new people in our client base, which presents an increased demand for product, and we’ve severed ties with our exclusive supplier. We’ve got a business to run and, clearly, more pressing issues to deal with here than your personal desire to go straight.”

“My intentions are serious, Marcus. I am separating myself from The Consortium. If, after all that I’ve done for this organization, the organization’s decision is to place an order or a price on my head for that decision…I’m at a place in my life now where it’s a risk that I am fully willing to take. I’m getting out of this business.”

“You know why I’m here, Keshari,” Marcus said. “We must locate a new supplier and, because of Rick’s current situation with this trial, the matter is yours to handle. Where are you with that?”

“I’ve narrowed the list down to a few, very solid p
rospects. However,
transport is a major and very expensive factor with all of them. That was the reason that we negotiated a deal with Machaca in the first place. You know that. Our best bet right now is with the Jamaicans, or the Colombians out of Miami. I have meetings scheduled with heads of both organizations prior to launch of auditions for my record label’s nationwide talent search project in another week and a half.”

“Good,” Marcus said. “I’ll let Rick know. Do you need me to accompany you?”

“I’ve already let Rick know,” Keshari said, staring at Marcus pointedly, “and, no, I’ll manage these meetings on my own.”

For a moment, the two grew dangerously silent.

“Marcus, following completion of negotiations with our new supplier, I am stepping down from any role that I currently play with The Consortium. If, at that point, you want my position in this organization, you will certainly get no contention from me about it. Until then, I am second in command in this organization and you need to remember and respect that at all times. Do we have an understanding?”

Marcus didn’t respond. He stared at Keshari ominously and Keshari glared right back at him, clearly challenging him to make another mistake of forgetting who she was and how she had come to be second in command in The Consortium in the first place.