Presumption of Guilt (17 page)

C
HAPTER

31

T
he county court building in Andersonville was a plain brick building without any distinguishing features, sandwiched in between nondescript retail stores and restaurants. Dani and Melanie had already introduced themselves to Eric Murdoch, the assistant district attorney opposing their motion for a new trial, and were now seated at the defendant’s table in the front of the courtroom. Molly had been brought up from the state prison and sat in the prisoner’s box, an armed guard next to her. She remained in her orange jumpsuit, shackles still binding her hands and feet.

The bailiff announced the entry of Chief Judge Alan Bryson. The parties stood as he walked, his shoulders thrust back and head erect, to his place behind the massive desk on a raised platform, then sat once the judge had taken his chair. Dani knew from her research that he was fifty-two, but he looked older, with his silver-white hair and deeply lined face. He couldn’t have been mistaken for someone’s jolly grandfather, though. His eyes were a steely gray that seemed to bore into her. There was no jury. It was solely Judge Bryson who would decide whether Molly’s conviction should be vacated.

“The People of the State of New York versus Molly Singer,” called out the bailiff in a loud voice, even though he knew the only people in the courtroom were the ones assembled for that case.

Dani stood up. “Dani Trumball for the defendant.”

“Eric Murdoch for the State.”

“I want to remind you, Ms. Trumball, that what you’re seeking under section 440 is extraordinary relief, and you have a high burden. I hope you’re not here to waste my time.”

Okay, Dani thought. If she’d had any doubts, it was now clear he wasn’t going to be sympathetic to her defendant. “Understood, Your Honor. We believe a grave miscarriage of justice has occurred, and new evidence that only recently came to light will confirm that.”

“Enough of the grandstanding. Call your first witness.”

“I call Ellen Michaels to the stand.”

Ellen Michaels walked slowly from the back of the courtroom, as though she were on a funeral march. Dani knew she was uncomfortable testifying about something that would subject her to humiliation in the community in which she’d grown up. But she loved Molly Singer. If her testimony helped Molly win a new trial, she would bear the embarrassment.

After Ellen was seated in the witness chair and sworn in by the bailiff, Dani approached the witness box. “Would you state your relationship to Quince Michaels?”

“He was my husband. We divorced eleven years ago.”

“And how long were you married?”

“Twenty-two years.”

“Are you familiar with Molly Singer?”

“Yes. Quince and Joe Singer were partners in a construction business. I’ve known Molly her whole life.”

“What was the name of their business?”

“Building Pros Inc.”

“Was Building Pros awarded the jail construction project by Hudson County, about fourteen years ago?”

“Objection, Your Honor,” Eric Murdoch said as he slowly arose from his chair. “I fail to see the relevance of this line of questioning.”

“Ms. Trumball?” asked the judge.

“It will become clear very soon, Your Honor. If you’ll indulge me just a bit more.”

“Okay, but make your point soon.”

Dani turned back to Ellen Michaels. “Please answer the question.”

“Yes. They built the Hudson County jail.”

“And did there come a time when you learned from your husband that he defrauded the county by overcharging for the jail?”

Murdoch shot back out of his chair. “Objection! This witness can’t testify to something told her by her husband. It’s barred by marital privilege.”

Dani turned to the judge. “Mr. Michaels is now deceased and so marital privilege is no longer applicable.”

“My objection stands. It’s also hearsay.”

Both attorneys looked to the judge for his ruling.

“The marital privilege doesn’t apply here. I’ll rule on the hearsay objection after I hear what she has to say.”

Dani nodded at Ellen to answer.

“Yes. I found a statement from a bank in Belize addressed to him. There was fourteen million dollars in the account. I confronted Quince, and he told me the money was from the jail.”

“Did he say this was the profit he’d expected to earn from building the jail?”

“No. He told me he’d deliberately overcharged the county.”

Murdoch stood up. “I renew my objection to this testimony. It’s clearly hearsay. Mr. Michaels isn’t here to confirm he made these remarks and to be cross-examined on them.”

“Your Honor, this falls within an exception to the hearsay rule. The—”

Judge Bryson held up his hand. “Don’t waste time on arguments now. Both of you give me briefs on it, and I’ll decide after the hearing.”

“Do you have a copy of that bank statement?”

“No, when we divorced, Quince took all of his business records.”

“Thank you. I have no further questions.”

“Your witness,” Judge Bryson said to Murdoch.

Murdoch stood up and strode over to the bench. Despite his small stature and loosely fitted suit, his deep voice lent him an air of authority.

“Mrs. Michaels, upon your divorce, were the assets acquired during the marriage divided between you?”

Ellen shifted in her seat. “What do you mean?”

“The house, the cars, the bank accounts, the value of the construction business, anything else of any worth. Were they divided equally between you and Mr. Michaels?”

“Well, I got the house and the BMW. Quince paid me five thousand a month for two years. And I got some money.”

“How much money?”

“Seven hundred and fifty thousand.”

Murdoch walked closer to Ellen. “And excluding this alleged bank account in Belize, how much money did you and your husband have in all other bank accounts?”

“Two million, maybe a little more.”

“Now, you said you got the house. How much was that worth when you divorced?”

“I’m not sure.”

“Take a guess.”

“Maybe seven hundred thousand.”

“So, you had a house worth seven hundred thousand, and bank accounts with at least two million, and you left the marriage with approximately half of that, isn’t that correct?”

“I suppose.”

“So who got the fourteen million in the Belize bank?”

“Quince.”

“Mrs. Michaels, you got half of everything else. Do you expect us to believe you walked away from seven million dollars?”

Ellen sat up straighter and narrowed her eyes at Murdoch. “I didn’t want any of that money.”

“Very noble of you. By the way, you’re very fond of Molly Singer, aren’t you?”

“Yes.”

“In fact, aren’t you her godmother?”

“Yes.”

“You’d like to see her free, wouldn’t you?”

“Of course. I don’t believe she killed her parents. But I’m not lying. Quince did have that back account.”

“So you say. No other questions. You can step down.”

“Call your next witness,” Judge Bryson said.

“I call Lisa Michaels.”

A court officer stationed by the back door opened it and called her name. Lisa Michaels sauntered into the courtroom. Her skintight black dress was in stark contrast to the matronly flowered dress worn by Quince’s first wife. Large gold hoops hung from her ears, and a gold necklace with a diamond pendant was draped around her neck. Dani saw Murdoch’s mouth drop open as Lisa sashayed by, and stifled a smile.

“State your name for the record please,” Dani said.

“Lisa Michaels.”

“And are you any relation to Quince Michaels?”

“I was his second wife and, as of six weeks ago, his widow.”

“When did you marry?”

“Seven years ago.”

“Where did you live when you married Mr. Michaels?”

“I moved into his house.”

“And where is that?”

“Miami Beach.”

“Would you describe that house?”

“Sure. Four bedrooms, four bathrooms, living room, dining room, media room, exercise room. Oh, and a kitchen.”

Dani smiled at the mention of a kitchen. She doubted that Lisa Michaels spent much time cooking meals. “Would you describe the plot of land it’s on?”

“A half acre on the intercoastal.”

“Do you know the value of the property?”

“I would guess seven or eight million.”

“Did Mr. Michaels ever discuss with you how he paid for it?”

As expected, Murdoch popped up with the same “hearsay” objection, and once again the judge reserved decision until after briefs were filed.

“I never questioned him about it, until a few weeks ago, after your investigator, Tom Noorland, met with him.” Lisa went on to describe her conversation with Quince and his admission that he and Joe defrauded Hudson County out of the money.

Dani marked a copy of the partnership agreement for MS Assets, as well as the bank records from Allegiance Bank in Belize, as exhibits and submitted them. “Were these records obtained from your husband’s file cabinets in your house?”

“Yes. After his death, I went through all his records.”

“Just one more question. How did your husband die?”

“He was murdered.”

Dani thanked Lisa Michaels then walked back to her table.

“Just a few questions,” Murdoch said as he stood and walked toward the witness. “You said that your husband was murdered. How did he die?”

“He was on his boat and it exploded.”

“Did the coast guard investigate that explosion?”

“Yes. They said that someone tampered with the gas line and that’s why it exploded.”

“And did their report conclude that it was a homicide?”

Lisa bent her head down, then said softly, “They said his death was suspicious. Because they couldn’t rule out he’d tampered with it himself.” She lifted her head and spoke with a firm voice. “But he wasn’t suicidal. Someone did this to kill him.”

“Was anyone arrested in connection with his death?”

“No.”

“Did you and your husband usually keep secrets from each other?”

“I didn’t have any secrets. And I never thought Quince did.”

“Prior to Mr. Noorland’s visit to your husband, did he ever tell you about this alleged theft?”

“No.”

“And wasn’t your husband Molly’s godfather?”

“I believe so.”

“Isn’t it possible that Mr. Noorland convinced him to make up this story to free Molly from prison?”

“I doubt it.”

“But you don’t know with absolute certainty, do you?”

Lisa looked directly into Murdoch’s eyes. With a clear voice, she answered, “What I know with absolute certainty is that my husband was frightened, and a week later he was dead.”

“Nonresponsive,” Murdoch muttered, then, “I have no further questions of this witness.” As Lisa left the witness chair Murdoch said, “Your Honor, I move to strike the testimony of the previous two witnesses. The State of New York did a thorough audit of the jail finances and found no wrongdoing. These witnesses have no direct knowledge other than what was purportedly told them by the defendant’s godfather. It’s not only hearsay, but this court must give deference to the findings of the State.”

Dani stood up. “I believe my next witness will answer the objections of Mr. Murdoch.”

Bryson nodded. “Go ahead and call him.”

“Saul Delinsky.”

Once again, the routine was followed. The court officer opened the door to the hallway and called his name. The sound of footsteps and conversations from outside intruded on the silence of the courtroom. Delinsky stepped inside, the door closed behind him, and quiet returned. He lumbered up to the witness chair and was sworn in.

“Mr. Delinsky, please state your profession,” Dani said.

“I’m a forensic accountant.”

“By whom are you employed?”

“I’m semiretired now. I work for myself.”

“And before you retired?”

“I worked for the FBI for thirty years as a forensic accountant.”

“Please describe your duties.”

“I would go over accounting records and look for evidence of illegal financial activity. I worked as part of an investigation team. My specific expertise was in matters of fraud.”

“And during the course of your thirty years with the FBI, how many investigations were you part of?”

“Over three hundred.”

“Were you asked to review the financial records relating to the construction of the Hudson County jail?”

“Yes. By a member of your office.”

“And how did you obtain those records?”

“They were provided to me by the State of New York. They gave me copies of all the materials they had for their own audit of the jail finances.”

“And did you reach a conclusion as to whether there had been any illegal financial activity?”

“I did.” Delinsky went on to describe the methods used to overbill the county by $35.3 million.

“The state audit didn’t uncover any discrepancies. Can you explain that?”

“Their auditors aren’t trained in forensic accounting. And the perpetrators were extremely skillful in covering their fraud.”

“Thank you. I have no more questions. At this time, Your Honor, I’d like to submit as an exhibit Mr. Delinsky’s report.”

Murdoch stood up. “I have no questions of this witness, but I reserve the right to call him later.”

Dani wasn’t surprised. Delinsky’s credentials were impeccable and his report thorough. Murdoch would be hard pressed to find any holes in it.

“Counselors, this seems like a good time for a lunch break,” Judge Bryson said. “We’ll reconvene in ninety minutes.”

Dani and Melanie found a luncheonette a few doors away from the courthouse. “I think it’s going well,” Melanie said.

“I do, too. We got in everything we needed.” Dani surprised herself. Usually, she came away from court proceedings filled with doubt about the outcome. Now she was eager to get back in the afternoon and continue with her witnesses.

“What do you think he’ll do on the hearsay exception?”

“I don’t know. The law is on our side, and so far he’s seemed fair. Having heard the testimony, I think it’ll be hard for him to throw it out.”

They finished their lunch, the food more gourmet than they’d expected from the barren decor. Dani knew, though, that the Culinary Institute of America, which trained student chefs, wasn’t far away. She suspected the owner of the little restaurant was a graduate.