Robert Tanenbaum - Bad Faith

“And you stood to do even better on the death of Micah Ellis, is that correct?” Karp asked.

LaFontaine looked at his defense lawyer, who remained quiet. “The Ellises had taken out a life insurance policy in which the benefits were assigned to the church.”

“The church of which you and Frank Bernsen were the sole officers-the only ones who could make withdrawals,” Karp said, pressing him.

“Yes.”

“And this was a similar policy to the one Monique Hale testified about?”

“Yes.”

“Except there was a problem getting paid this time, wasn’t there?”

“The insurance company has not yet paid.”

“Why not?”

“Because the Ellises were charged with reckless manslaughter, and if they’d been found guilty, the company wouldn’t have paid. The company was waiting to see what would happen.”

“Were the Ellises found guilty?”

“No.”

“And why not?”

“I’m not sure. David Ellis is dead. I don’t know what happened to his wife, Nonie. I guess she’s still charged with reckless manslaughter.”

“Are you aware that there is a warrant out for Nonie Ellis for failure to appear both in her own case and as a witness in this one?”

“I’ve been told that.”

“Did you benefit by the death of David Ellis?”

LaFontaine scowled. “Of course not, David Ellis was a friend and trusted member of my congregation. I loved David. We were brothers in Christ!”

“Do you know what happened to David Ellis?”

“He was killed.”

“By whom?”

“By Kathryn Boole. She shot him.”

“Where did she shoot him?”

“In front of this courthouse.”

“And what happened to Mrs. Boole?”

“She was subsequently shot and killed.”

“By whom?”

“By Frank Bernsen … because, I might add, she had pointed a gun at you,” LaFontaine said.

“Indeed, she was pointing a gun at me,” Karp said. “Why did she shoot David Ellis?”

“I don’t know,” LaFontaine said. “She didn’t tell me her plans.”

“Do you recall your actions when David Ellis arrived in front of the courthouse, shortly before Mrs. Boole shot him?”

“I was part of a group protesting the charges against the Ellises,” LaFontaine said.

“But what did you do and say when you saw David Ellis arrive at the courthouse?”

“I don’t recall exactly,” LaFontaine replied.

“Well, perhaps this recording of the events will refresh your recollection.” Karp turned toward the judge. “Your Honor, I’d like to play a DVD of a newscast that recorded certain relevant events pertaining to this issue.”

Judge Temple turned toward the jurors. “There’s an old law school saying that argues you can use virtually anything to refresh the recollection of a witness, even a shoe. Mr. Karp will now show you part of a newscast taken from the day in question to ascertain whether it will refresh the defendant’s recollection. That’s all it’s being displayed for. You may proceed, Mr. Karp.”

The lights in the courtroom were dimmed as a court clerk set up a television screen so that the jurors, judge, LaFontaine, and the spectators could all see it. Karp pressed a button on the lectern and a female television reporter appeared on the screen standing on the sidewalk in front of the Criminal Courts Building.

“This is Tessa Laine, and we’re at the Manhattan Criminal Courts Building, where this morning jury selection is set to begin in the reckless-manslaughter case against David and Nonie Ellis. The Ellises are accused of not seeking proper medical attention for their son, Micah, who later died. As you can hear behind me, emotions are running high, particularly among a group of protesters across the street who claim that this prosecution is a violation of the parents’ religious rights.”

As Laine spoke, the camera panned across the street to take in the protesters led by LaFontaine. “Ah, we believe that David Ellis has arrived,” Laine said. “There’s no sign of his wife yet. That’s odd, but for some reason the protesters seem to be angry with Mr. Ellis, who up to this point they’ve been supporting.”

The camera panned across the street, zeroing in on LaFontaine as he pointed at Ellis and shouted. “ ‘The fool says in his heart, “There is no God.” They are corrupt, their deeds are vile.’” At that point, the protesters surged into the traffic, where they stopped cars and were met by police. However, one woman continued through the stopped cars.

“That’s Kathryn Boole,” Karp, who was standing next to the screen, said, pointing.

As the camera recorded, Boole pulled a handgun from her purse and walked up to David Ellis. “Judas!” she screamed, and then shot him.

Karp stopped the tape and signaled for the lights to be turned up again. “Mr. LaFontaine, does the tape we’ve just seen refresh your recollection regarding what you did when David Ellis arrived at the Criminal Courts Building?”

LaFontaine sat silently staring at Karp. Finally, he nodded.

“Please speak up, Mr. LaFontaine,” Karp demanded.

Again there was silence from the defendant, before he shook his head, then answered. “Yes, it does.”

“Objection! Your Honor, please, my client is not on trial-nor should he be-for the murder of David Ellis. He is not responsible for the actions of any one member of his congregation any more than Mr. Karp would be responsible if one of his assistant district attorneys walked out of the Criminal Courts Building this afternoon and shot a hot dog vendor. This is just an attempt to make my client guilty by association with a deranged woman.”

“A deranged woman who was apparently enough in control of her faculties to give Mr. LaFontaine a three-point-two-million-dollar building and eight hundred and twenty-five thousand dollars cash,” Karp argued. “Apparently she was sane enough for that! We just saw the defendant point at David Ellis and a minute later one of his followers turns into a murderer. This whole trial is about LaFontaine’s influence over susceptible people.”

“Enough!” Temple ordered. “Mr. Rottingham, I’m going to overrule your objection to the question, but I caution you and Mr. Karp to keep the rhetoric to yourselves. Now, Mr. Karp, do you want to continue without the additional comments?”

“Yes,” Karp said, and turned back to LaFontaine. “How powerful do you believe your influence to be over members of your congregation?”

“I’ve said before that all I do is explain what I believe,” LaFontaine retorted. “What they choose to do with that is up to them. They are all thinking individuals.”

“Do you know why Kathryn Boole murdered David Ellis?”

“I do not.”

“You have no idea why she would yell, ‘Judas,’ and then pull the trigger?”

“No idea.”

“Would it be because if David Ellis was dead and Nonie beat the reckless-manslaughter charge, you would collect on the insurance policy?”

“I don’t know what you’re talking about.”

“Was it because David Ellis planned to plead guilty to the charge and expose you as a fraud because of the insurance policy?”

“I have no knowledge of that.”

“No? David Ellis never told you those were his plans?”

“I said he did not,” LaFontaine snarled.

Karp stood in front of the witness stand with his hands on his hips, glaring up at the witness. “Mr. LaFontaine, right now there are two people in this courtroom who know that you just lied again under oath. Me and you!”

Rottingham again jumped to his feet, but before he could object, another voice shouted in the courtroom.

“No, Mr. Karp, there are three!”

Everyone in the courtroom turned to see who’d spoken. Karp was surprised as the woman who’d been sitting next to Marlene now stood up. She shook visibly as she removed the scarf, followed by a blond wig and dark glasses. “I’m Nonie Ellis, and I have something to say.”