James Patterson - Judge & Jury

"But what the government is saying," the prosecutor continued, gripping the sides of his table,"and what will be repeatedly backed up by the words of several key witnesses, is that the defendant, Dominic Cavello, gave the direct order for Mr. Greenblatt's execution. That the very killers were chosen by Mr. Cavello and rewarded by him-with money and promotions in the organization to which they all belonged. And what was the motive for this killing? Why did Mr. Greenblatt need to be eliminated? Because Mr. Cavello and his cronies believed they were the subject of a state law enforcement investigation, an assumption that turned out to be false. They simply thought Mr. Greenblatt could do them harm."

The prosecutor stepped away. He placed his hands on the jury box."But the killing didn't end there. Contrary to the movies, mob hits don't always go according to plan. What you're going to hear is that this murder spawned a series of killings, three, in fact-all ordered by Mr. Cavello with the goal of covering up the first one.

"You're going to hear of union tampering and construction fraud. Of extortion. Loan-sharking. You're going to hear, above all, that Mr. Cavello was the boss of the Guarino crime family. The Boss of Bosses, in fact, using the Colombian and Russian crime syndicates to do his dirty work, a man whose principal business was to enrich himself at the misery and misfortune of any who stumbled into his way. The testimony you will hear will not be hearsay, as the defense would like you to believe, but facts from people who knew Mr. Cavello personally, who participated in these crimes. The defense will surely tell you that these people are not exactly innocents themselves. And they're right. They are criminals, coconspirators, killers. By all accounts, ladies and gentlemen, these are bad guys. The defense will say that it is their job to lie and deceive.

"But make no mistake," Goldenberger said as he looked each member of the jury in the eyes,"in their stories you will hear the truth. It will be the preponderance of evidence and detail, all backing each other up, that will convince you that Mr. Cavello was the man giving the orders. You will hear the words he used, hear his reactions. And, under the law, that makes him as guilty of the crimes as if he pulled the triggers himself. I hope you will see Mr. Cavello for what he is, ladies and gentlemen: a vicious, cold-blooded killer."

LOUIS MACHIA, the prosecution's first witness, stepped up to the stand and was sworn in. Machia had been a loyal soldier in Cavello's crime family. He was tall and broad-shouldered, with thick black hair, and was wearing a gray golf shirt.

With a pleasant smile, he looked around the courtroom at the jurors and the press. Never once did his gaze drift anywhere near Cavello.

"Good morning, Mr. Machia," U.S. Attorney Joel Goldenberger said as he stood up.

"Morning, Mr. Goldenberger."

"Can you tell us your current address, Mr. Machia?" the prosecutor asked.

"My current address is a federal prison. I'm afraid I can't divulge which one."

"A federal prison?" The prosecutor nodded."So, for the sake of the jury, you've been convicted of a crime?"

"Many crimes. Under the terms of my 509 agreement, I admitted to all sorts of them."

"Can you describe these crimes for us? What you pleaded guilty to?"

" All of them?" The gangster chuckled."That would take a lot of time."

Several people in the courtroom laughed out loud. The jury, too. Even Judge Seiderman put a hand in front of her face to conceal a smile.

"How about we start with just the major ones, Mr. Machia?" Joel Goldenberger grinned as well."The highlights, if you will."

"The highlights …" Machia bunched his lips."Well… murder. Two murders, actually. Attempted murder, assault with a deadly weapon, breaking and entering, loan-sharking, drug trafficking, auto theft…"

"That'll do, Mr. Machia. You're right, there is a lot to choose from. So it's fair to say you've been breaking the law for a long time?"

"Pretty much since I learned to use a fork." Louis Machia nodded thoughtfully.

"And these crimes," the prosecutor said,"these are all things you've planned and executed entirely on your own?"

"Sometimes, Mr. Goldenberger, if I catch your drift. Other times I was told to do them."

"Told?"

"Ordered, Mr. Goldenberger." The gangster took a swig of water."By the family."

"The family. " Goldenberger stepped toward the witness."Is it safe to say that for the past twenty years or so you've been a member of an organized crime family?"

"Very safe, Mr. Goldenberger. I was a soldier. In the Guarino family."

"The Guarino crime family. Your Honor, with your permission, I'd like to show an exhibit to the jury."

One of the assistant prosecutors put a large poster board covered with small photographs on an easel in front of the jury. It showed a pyramid-like family tree of about fifty faces. On the bottom, soldiers; on the level above that, captains; and on the highest tier were the leaders. That's where Cavello's face was displayed, above the heading Boss.

"This is a current depiction of the Guarino crime family, is it not, Mr. Machia?"

The witness nodded."Yes. At the time of my convictions."

"And that's your face there, is it not, to the left, among those listed as soldiers?"

He smiled affably."It's an old picture. Not my best. But yes, that's me."

"Sorry, Mr. Machia, next time we'll be sure to update it. What I want to know is if you were always a soldier in this family, Mr. Machia, or did you have to work your way up the ranks?"

"Everybody's got to work their way up. I got in by my uncle Richie. I started doing little jobs. Picking up some cash, stealing a car. A B and E."

"By ‘B and E,' you mean ‘breaking and entering'? A burglary?"

"Yes, that's right, Mr. Goldenberger. Maybe knocking someone's head clear, so they'd see the light."

Again, a few snickers trickled through the courtroom.

"And then you graduated," Goldenberger pressed on."I mean, from petty stuff, like knocking people's heads clear, to some of the more serious crimes you've admitted to. Murder, attempted murder, drug trafficking…"

"I graduated." Machia nodded."Only thing I ever graduated," he said with a crooked smile.

"Please just answer what the government asks you, Mr. Machia," said the judge, leaning over.

"Thank you, Your Honor." The prosecutor went back to his notes."So I want to get back to the way in which you were promoted, Mr. Machia. From an associate to a soldier. If I'm not mistaken, I believe it's called being made, right?"

"You mean like the ceremony? It was at Melucchi's on Flatbush Avenue. In the back. They have a private room there. I never even knew. They asked me to drive one of the captains. Frankie Stamps. We called him that because there were two Frankies, and Frankie Stamps was into mail fraud. I figured it was just a meeting. Every one of the captains was there. Mr. Cavello, too."

"By Mr. Cavello, you mean Dominic Cavello? The defendant? He was there? At that meeting?"

"Sure he was there. He was the Boss."

"We'll get back to that later," the prosecutor said, letting the word boss resonate over the courtroom."But I'm actually more interested in what got you to that ceremony."

"What got me to the ceremony?" Machia shrugged."It was a Lincoln, I think."

This time, full-out laughter spread throughout the courtroom.

"I meant, what did you do to make yourself worthy, Mr. Machia?" The prosecutor pushed through the laughter."In order to be promoted."

"Oh, that." Machia sat back and reached for his water. He took a long drink."I killed Sam Greenblatt in front of his house."