Scott Turow - The Burden of Proof

So I'm not going to entertain any motion to quash, if that's what you have in mind next, Marta. But I must say that the privilege questions here are not simple ones-they seldom are when an attorney is subpoenaedMand I cannot conceive of how Sandy could be forced to answer without being given the opportunity to consult with the client. So that will be my ruling."

She pointed to the court reporter, who began to type now.

The parties identified themsolves for the record, and the judge permitted Marta and Klonsky to briefly gtate their positions. Then she allowed the motion.

"Off the record again," the judge said to the court reporter. "What date do we fix?" She asked Sonny, "When does the grand jury meet'gain?"

"Next Tuesday, Your Honor," she answered, "but that's a special session called to hear just one witness." She meant John. The government wanted Stern nowhere near when his son-in-law went before the grand jury to implicate Dixon.

Apparently, they contemplated lengthy testimony.

After consulting the grand jury's schedule, Judge Win-cheil set the subpoena over two weeks. Klonsky looked down the table to Sennett, who shrugged: nothing to do. Clearly, they had wanted to move more quickly.

The indictment, as Tooley had guessed, was not far away.

"On the record," said the judge to the court eporter. "Mr. Stern, you shall appear before the grand jury on J-uly 20.

If there are privileges to be asserted, we'll take them up on a question-by-question basis. I'll make a note of the date and I will be available if you need me. So ordered," concluded the judge. The court reporter folded the tripod on his machine.

"One more thing," said the judge, "for all of you." She waved away the court reporter, who had paused, thinking they were going on the record again. "I don't like to see lawyers in the grand jury. It's a dangerous practice for both sides. I encourage you to resolve this among yourselves. Sandy, you're ably represented. Very ably. The same is true of the government. With all these good lawyers, I find it hard to believe you can't arrive at a proper solution among yourselves. I expect reason to prevail." She flexed her brow and looked about the table at each of them. Hell to pay, in other words, for anyone who was unyielding.

In the hailway, the company parted. Sennerr, outside the judge's presence, abandoned the semblance of a pleasant demeanor and walked off with a stiff look and no comment.

Klonsky tarried only long' enough to tell Marta that she would wait to hear from her. Once more, she said nothing to Stern. As the elevator descended, Stern felt the weight of his troubles. Marta, on the other hand, was exuberant.

"What a gas!" she cried on the way from the courthouse. The judge was right; she had done very well. Stern complimented her at length. "Can I come back if we don't work this out?"

Her plans were to return to New York tonight.

"You are my lawyer," answered Stern. "I cannot proceed without you."

But he intended to allow no repetition of this scene, exciting as it may have been. He had phoned Dixon's office before they left for the courthouse, and Elise, his secretary, had promised that Stern would be his first call.

It was time to play Dixon the music, the short, sad song.

This party was over. Stern kissed Marta in the courthouse square and sent her toward home, where she and Kate were to go through the last of Clara's things. He returned to the office, his mind, with customary dolefulness, on his brother-in-law.

BY five o'clock'he Stern had still not heard from Dixon. He had talked to Elise twice in the interval, and on the last occasion, near 3 P.. she had said that Dixon had a critical problem in New York on the Consumer Price Index future and was flying out again tonight.

"Tell him if he leaves town without making time to see me I shall resign as his lawyer."

Elise, accustomed to trivial banter from Stern, paused, waiting for the punch line, then took the message without comment. Stern called Dixon's home next, but reached only Silvia. They spoke for almost half an hour about the islands, Helen, Marta's arrival. Eventually, Stern asled if Silvia knew where her husband might be. He was due home shortly to pack, she said, and Stern made her promise that Dixon would call.

Late in the day, Stern sat by the telephone, reviewing the FBI reports on Remo Cavarelli's case, which Moses Appleton had provided at last. As Stern expected, the agents' memoranda reflected little hard evidence against Remo. His three cohorts were, as they said, dead bang-caught in the truck with their hands on the beef sides-and each had pled guilty weeks ago. But they were all tough professionals, old school, and would keep their mouths shut. The only proof against Remo was his dim-witted arrival-the agents stated that he literally had walked up to the truck and looked in at the arrest taking place-and the remark by one of the thieves that "our guy made arrangements." The government would claim this referred to Remo, who supposedly was going to dispose of the loot, a rnle which would account for his late appearance on the scene. So far as Stern could tell, the government had no real basis for their suspicions. Assuming that the prosecutors found no proper excuse to bring out Remo's long criminal record in front of the jury, he stood a reasonable chanc of acquittal. The case should be tried. Stern, who had not been to trial in almost four months, since the weeks before Clara's death, welcomed the prospect. The only problem was convincing Remo. The phone rang.

"Stern here,"

"Daddy." It was Marta. She and Kate had finished for the day. They were leaving shortly for the airport and wondered if Stern wanted to meet them for dinner before her flight.

They hoped to reivial banter from Stern, paused, waiting for the punch line, then took the message without comment. Stern called Dixon's home next, but reached only Silvia. They spoke for almost half an hour about the islands, Helen, Marta's arrival. Eventually, Stern asled if Silvia knew where her husband might be. He was due home shortly to pack, she said, and Stern made her promise that Dixon would call.

Late in the day, Stern sat by the telephone, reviewing the FBI reports on Remo Cavarelli's case, which Moses Appleton had provided at last. As Stern expected, the agents' memoranda reflected little hard evidence against Remo. His three cohorts were, as they said, dead bang-caught in the truck with their hands on the beef sides-and each had pled guilty weeks ago. But they were all tough professionals, old school, and would keep their mouths shut. The only proof against Remo was his dim-witted arrival-the agents stated that he literally had walked up to the truck and looked in at the arrest taking place-and the remark by one of the thieves that "our guy made arrangements." The government would claim this referred to Remo, who supposedly was going to dispose of the loot, a rnle which would account for his late appearance on the scene. So far as Stern could tell, the government had no real basis for their suspicions. Assuming that the prosecutors found no proper excuse to bring out Remo's long criminal record in front of the jury, he stood a reasonable chanc of acquittal. The case should be tried. Stern, who had not been to trial in almost four months, since the weeks before Clara's death, welcomed the prospect. The only problem was convincing Remo. The phone rang.

"Stern here,"

"Daddy." It was Marta. She and Kate had finished for the day. They were leaving shortly for the airport and wondered if Stern wanted to meet them for dinner before her flight.

They hoped to reach Peter, too. Eager to see Kate in particular, Stern agreed. He went down the hall to terminc if Sondra could assist on Reino's trial, and to solicit a second opinion from her on the strength of the government's case.