Robert Tanenbaum - Bad Faith

“Yes.”

“They’re all liars because they all have it in for men of God. Is that correct?”

LaFontaine shook his head. “Perhaps they’ve just been led astray by godless men.”

“And was it godless men who threatened you so that you changed your name and moved to New York City?”

“I would think so.”

“Did you report any of these threats to the police?”

“No. I didn’t think they’d take me seriously.”

“That wouldn’t be because between you and Frank Bernsen, you had a pretty good record for violent crimes, would it?”

“I don’t know.”

“Mr. LaFontaine, do you have any proof that these threats were real? Or maybe you were just skipping town because it was getting too hot for you in Memphis.”

“I object to counsel’s portrayal of my client’s reasons for leaving Memphis,” Rottingham said.

“Sustained. Just ask your question, Mr. Karp.”

“Mr. LaFontaine, I asked if you have any proof whatsoever that you were threatened because of your religious practices in Memphis.”

“No. The threats were anonymous.”

Karp was quiet as he studied LaFontaine on the witness stand. Time to change course , he thought.

“Mr. LaFontaine,” Karp said, “would you say you’ve done rather well for yourself since coming to New York City?”

“How do you mean?” LaFontaine asked.

“I mean, you told the jury that you live a simple life,” Karp replied, “but let’s examine that.” He walked over to the prosecution table and picked up several sheets of paper. “Your Honor, we offer the bank records for the End of Days Reformation Church of Jesus Christ Resurrected as People’s Exhibit Thirty-six cumulatively.”

“No objection,” said Rottingham wearily. He’d tried to keep the records out of the trial at a hearing and lost.

Karp handed the papers to LaFontaine while keeping another set for himself. “Mr. LaFontaine, would you read the dollar amount contained on the line designated as ‘total deposits to date’?”

LaFontaine looked at the papers. “Eight hundred and thirty-seven thousand.”

“That’s eight hundred and thirty-seven thousand dollars, correct?”

“Yes.”

“And where did that money come from?”

“Donations.”

“Donations,” Karp repeated. “And I believe that there is one major ‘donation’ that makes up the bulk of the deposits … one for eight hundred and twenty-five thousand dollars. Do you recall where that money came from?”

“The estate of Kathryn Boole,” LaFontaine said. “She left it to me when she passed away in April.”

“And the remaining twelve thousand dollars?”

“Smaller donations from members of the congregation.”

“Mr. LaFontaine, did Mrs. Boole leave you anything else from her estate?”

“Yes, her will included a building on Avenue A where she generously allowed our church to meet.”

“The church, as well as living quarters for yourself and Frank Bernsen, is that correct?” Karp asked.

“Yes, that’s true.”

“Would you describe these quarters as part of living a simple life?”

“It is a nice three-bedroom loft, but nothing fancy,” LaFontaine said.

“Nothing fancy,” Karp said as he walked over to the prosecution table and picked up another sheet of paper. “Your Honor, may I have the real estate brochure for the property on Avenue A that Mr. LaFontaine has just described as nothing fancy marked as People’s Exhibit Thirty-seven for identification.”

“Objection,” Rottingham said, rising from his seat. “I don’t see the relevance of this brochure.”

“The relevance is that the defendant has described this ‘donation’ as nothing fancy,” Karp replied. “The jurors can look at the brochure and decide for themselves if that description is apt.”

“I’ll allow it,” Temple said.

“Thank you, Your Honor,” Karp said, walking back to the witness stand and handing the real estate brochure to the defendant. “Mr. LaFontaine, does this brochure fairly and accurately depict the property you inherited from Kathryn Boole?”

“Yes, it does.”

“Your Honor, the People offer this Exhibit Thirty-seven in evidence,” Karp said.

“So granted,” Temple ruled.

“Mr. LaFontaine, would you please read the description of the building from the brochure.”

“It says it’s a ‘three-story building in an up-and-coming neighborhood on the Lower East Side with a large open first floor excellent for commercial use, a second floor containing four large office spaces’-”

“Hold on just a moment,” Karp interrupted. “I just want to be clear about these office spaces. Who occupies them?”

“The church uses one and the others are leased to business tenants,” LaFontaine replied.

“I didn’t see any deposits from these leases on the bank statements,” Karp said. “Are they behind on their rent or does the money go somewhere else?”

“The money goes into a corporation,” LaFontaine said.

“And whose names are listed as officers in that corporation?” Karp asked.

“Mine and Frank Bernsen’s.”

“I see. And how much approximately do you bring in a month from those leases?” Karp asked.

“There are three offices other than the church office and together they pay about twenty-one thousand a month,” LaFontaine said.

“Twenty-one thousand,” Karp said. “And does that money go into church activities or charities?”

“It’s for living expenses,” LaFontaine said.

“I see,” Karp repeated. “For that simple life you lead.”

LaFontaine glared at Karp but remained silent.

“Objection,” Rottingham said, this time remaining in his seat. “Counsel keeps making superfluous comments that are not part of a legitimate cross-examination.”

“No, Your Honor, counsel misspeaks, that’s a very legitimate question and I await an answer,” Karp shot back.

“I have no intention of quibbling with you, Mr. Karp,” LaFontaine stated.

“Well then continue reading the description of the building,” Karp said, pressing on.

“‘The property includes a fully furnished twelve-thousand-square-foot loft with three bedrooms, three baths, a state-of-the-art kitchen, granite counters, and hardwood floors,’” LaFontaine read, then looked up.

“Continue, Mr. LaFontaine, there’s more,” Karp said.

“‘An entertainment room including a fifteen-foot projection screen and seating for twenty. Formal dining room. Built-in sound system.’” LaFontaine stopped reading. “That’s it.”

“That’s it,” Karp agreed. “And what was the listed price for the building?”

“Three point two million dollars,” LaFontaine said.

“Three point two million dollars,” Karp repeated. “So I ask you again, Mr. LaFontaine, haven’t you done pretty well for yourself since coming to New York City?”

“I don’t think it’s unusual for a minister to reap the rewards of a dedicated congregation,” LaFontaine argued. “You could ask Billy Graham how much he makes in a year.”

“Billy Graham isn’t on the witness stand, Mr. LaFontaine,” Karp said. “Nor is he accused of using his influence and position of trust to prevent parents from seeking medical attention so that he can reap extravagant ‘donations’ and life insurance policies.”

“Objection! Your Honor, counsel is doing his summations in cross-examination!” Rottingham yelled.

Temple simply cocked his head. “I believe that your client drew the analogy. Overruled, but let’s get back to questions and answers, Mr. Karp.”

“Yes, Your Honor,” Karp replied. “If the witness would answer my question, please?”

LaFontaine glared at Karp but then forced a smile. “I guess I’ve done pretty well due to the generosity of my congregation.”