Phillip Margolin - Fugitive

“Have you ever had occasion to discuss Arnold Pope Jr. with him?”

“Yes, sir. He was devastated by the loss of his son. He still is.”

“Has he ever discussed his grandson, Kevin Pope, with you?”

“Yes, sir. I am hard pressed to say what has affected him more, the death of his son or Sally Pope’s decision to cut off all contact between Mr. Pope and his grandson.”

“Do you think Mr. Pope would make a suitable guardian for his grandson?”

“Unquestionably. He loves the boy very much and would be able to give him all the advantages of his name and position.”

“Your witness, Mr. Jaffe,” Curry said.

“Your Honor, my co-counsel will handle the cross-examination of this witness.”

“Very well, Miss Jaffe,” Judge Gomez said.

“Thank you, Your Honor,” Amanda replied before turning her attention to Tony Rose.

“Mr. Rose, your company’s brochure, television commercials, and magazine and Internet ads portray you as a sportsman. Is that accurate?”

“Yes.”

“You were a top high school tennis player before you joined the army?”

“Yes.”

“And you were good enough to reach the quarterfinals of the NCAA Division I championships as a senior at Ohio State?”

“That’s true.”

“Then you played professionally for two years before becoming the club pro at the Westmont Country Club?”

“Also true.”

“There are television commercials for Mercury Enterprises that show you volleying with Wimbledon and U.S. Open champion Gary Posner.”

“Yes, but I don’t do nearly as well when the cameras aren’t rolling,” Rose answered. Judge Gomez smiled and several spectators laughed.

“Don’t other commercials show you hunting and fishing in the forests of Oregon?”

“That’s true.”

“Do you enjoy those sports?”

“Yes, I do.”

“Are tennis, hunting, and fishing types of activities that interest adolescent boys?”

“Some boys enjoy them,” Rose answered cautiously, sensing a trap.

“Mr. Pope isn’t capable of playing tennis, is he?”

Rose hesitated. Then he said, “No.”

“He can’t hunt or fish or engage in any type of strenuous activity because he’s in his seventies and has a number of physical infirmities?”

“Objection,” Curry shouted. “Mr. Rose is not a doctor.”

“I’m asking Mr. Rose to testify about what he’s seen,” Amanda argued. “A layman can tell if someone limps or is blind.”

“Overruled,” the judge said. “You can answer, Mr. Rose.”

“Mr. Pope is not as spry as he was when I first met him.”

“When was that? When did you first meet Mr. Pope?”

Rose frowned. “I’m not sure of the exact date.”

“It was after his son was murdered, wasn’t it?”

“Yes, I think that’s right.”

“And before you started Mercury?”

“Yes.”

“That’s about twelve years ago, right after his son was murdered?”

“Yes.”

“Is it fair to say that twelve years ago Mr. Pope was a captain of industry and you were an unemployed tennis instructor?”

“That’s fair,” Rose agreed.

“Then how did you meet? You didn’t exactly run in the same social circles.”

“I…It’s been a while. I don’t actually remember.”

“You must have hit it off pretty well, because Mr. Pope gave you the start-up money for Mercury.”

“I can’t really discuss that. We’re a privately held corporation and our books are not open to the public.”

“They are now, Mr. Rose. You’re under oath in a court of law and I asked the question to show possible bias on your part in favor of the party who called you to the stand.”

“Objection,” Curry started.

“No, Mr. Curry,” the judge ruled. “Miss Jaffe is entitled to show bias on the part of the witness you called. Please answer the question, Mr. Rose.”

Rose looked very uncomfortable. He shot a quick glance at Senior, but the old man looked right through him.

“Mr. Pope did help me start Mercury.”

“Does he hold a controlling interest in the company?”

“Yes.”

“So you serve as its president at his will? He could fire you if he wanted to?”

“The company is doing very well and I’m its spokesman, so there would be no reason for him to do that.”

“But he could if he wanted to?”

“I guess he could.”

“Was Mr. Pope’s initial investment in Mercury substantial?” Amanda asked.

“Yes.”

“Without giving a specific figure, would it be correct to say that Mr. Pope’s initial investment was in the seven-figure range?”

“Yes. That sounds correct.”

“Why would Mr. Pope give you so much money?”

“He liked my idea for a sporting goods company. He was farsighted and was able to see the company’s potential.”

“I didn’t make myself clear, Mr. Rose. I meant, wasn’t it strange, if he truly loved his son, that he would give so much money to the man who was sleeping with his son’s wife?”

Rose colored but kept his composure. “I’m not proud of that and I told Mr. Pope I wasn’t. But I also told him that Mrs. Pope had asked me to kill his son and I refused. I believe Mr. Pope appreciated that.”

“We only have your word that Sally Pope asked you to kill her husband, don’t we?”

“Objection, Your Honor,” Curry said. “The question has no relevance to a custody proceeding.”

“I’ll tie it up, Your Honor,” Amanda promised.

“I’ll let you go on a little more,” the judge ruled.

“Didn’t Mr. Pope hate his daughter-in-law?”

“They didn’t get along.”

“He wanted her executed for his son’s murder, didn’t he?”

“I don’t know anything about that.”

“Your testimony was the strongest and most dramatic evidence directly tying Mrs. Pope to her husband’s murder, wasn’t it?”

“I’m not sure. I don’t know all of the evidence the district attorney had.”

“Was the start-up money for Mercury a payoff for lying at Sally Pope’s trial?”

“No! Absolutely not.”

“You would certainly have benefited if Sally Pope had been found guilty, wouldn’t you?”

“I don’t see how.”

“That would have closed the case, as far as the police were concerned. The authorities would peg Charlie Marsh as the shooter and Mrs. Pope as his coconspirator and they wouldn’t look any further.”

“I’m not following you.”

“Permission to approach the witness,” Amanda said.

“You may,” Judge Gomez said.

A good cross-examiner changes the direction of her questions frequently to keep the witness off balance. Amanda handed Rose the photograph of him and Karl Burdett holding their hunting rifles that she’d seen hanging in Burdett’s office.

“Do you recognize this photograph?”

“Yes. It shows me hunting with Karl Burdett.”

“You’re quite a good shot, aren’t you?”

“I’m okay,” Rose answered nervously.

“Don’t be modest, Mr. Rose. You were given the grade of marksman in the army, were you not?”

“Yes.”

“So you know how to hit a target with a sniper rifle from a long distance?”

“Well, I did, many years ago.”

“Are you rusty?”

“I don’t think I can make some of the shots I made in the military.”

“Is that why you missed Charlie Marsh when you tried to kill him at the courthouse?”

Rose looked shocked. “I did no such thing!”

“Objection,” Curry bellowed so he could be heard over the din in the courtroom.

“You’re on very thin ice here, Miss Jaffe,” Judge Gomez said. “These are very serious accusations.”

“I will tie this up, Your Honor,” Amanda promised.