Prosecutorial Misconduct

Chapter 12

The Suffolk's County Sheriff's cruiser was parked on McCoy's driveway when they arrived. Jeffries parked across from the house. As she and McCoy got out of Fontana's Mercedes, a uniformed officer came out the front door.

"Mr. McCoy? I'm Officer Stewart, Suffolk county sheriff's office. Guardian security alerted us when your house alarm went off. Could I see some identification, please?"

The officer carefully checked the badge and photo I.D. McCoy handed him.

"This is Monique Jeffries, of Jeffries-Fontana Investigations. I take it you've met Ms. Jeffries partner, Joe Fontana?"

"Nice to meet you ma'me,"Stewart said shaking Jeffries hand.


"Mr. Fontana has explained the er, delicate nature of your situation," Stewart said returning the identification to McCoy. "The ADA for Fire Island - Brooke Prescott- is on her way. In the mean time, I assume you want to talk to the suspect yourself?"

McCoy took a breath hesitating momentarily before nodding.

When the door opened Fontana met the threesome at the front door. The another officer remained at the kitchen table with Diana Hawthorne.

"It looks like your mythical fishing trip caught us one of the big fish's," Fontana said softly.

"Has she told you why," McCoy asked keeping his gaze on the man in front of him.

Fontana shook his head.

"I told her we have her on tape - I showed her the camera's I installed while you two were out. she knows the alarms code's been changed. We have more than enough to have her charged with breaking and entering. The fact she went right for the camera and had that disc on her should be enough for the Suffolk county D A to go for am illegal surveillance charge, as well. But she hasn't said anything about the disc. She won't talk about Weaver either."

"Has she lawyered up," Jeffries asked.

"Stewart read her her rights. She hasn't asked for a lawyer yet. Jack, have you decided how you want to handle this?"

McCoy shrugged his shoulders.

"Damned if I know. There are still too many unanswered questions. I guess I'm going to have to talk to her."

"You do want us with you when you talk to her?"

McCoy turned to Jeffries.

"I appreciate the offer Monique. But I think I might find out more if I talk to her alone."

Jeffries nodded and turned to Stewart.

"Officer Stewart could we have a word with you and your partner outside?"

As the two officers left with Fontana and Jeffries, McCoy walked into the kitchen. Diana Hawthorne looked up from the table, meeting his inquiring gaze.

"Hello Jack," she said simply.

McCoy looked at her, unsure of what he felt. She still looked beautiful. The trim figure, natural blonde hair, and clear blue eyes all as they had been the last time he saw her. A woman who had once been able to arouse his desire with a simple look or smile, now stirred nothing more in him than confusion and fury.

"Why," he asked as he sat across from her.

"Why? Why am I here? I'm embarrassed to say it Jack," she said with a hint of amusement." Old times sake. I was up here visiting a friend. I got sentimental. I thought I'd drive by. I didn't see your bike or a car, so I took a chance. I know, it sounds pathetic. You're such a creature of habit. I still can't believe you keep the key in the same place after all these years. I'll bet you still have that God awful green jacket-"

"Stop it," he hissed. "You broke into my house. You came in here to get a camera. A camera you planted to record me with another woman…what the hell are you doing, Diana?"

Hawthorne feigned ignorance.

"Record you? Jack - truly - I have no idea how that camera got here. I honestly thought that was the box I left here years ago. The one with pictures of us…that's what-"

"God damn it stop lying," he shouted as he slammed his fist down on the table. "Didn't six months in jail teach you anything? My God, Diana don't you realize how deep you're in this time? This time there isn't going to be a Claire Kincaid to save your ass!"

Hawthorne looked sharply up at him, her expression changing from ignorance to resentment.

"Claire saved me," she said incredulously. "I suppose you think losing my license and going to prison was some sort of reprieve? You have no idea what my life's been like since then. Sending your little errand girl on your behalf to make that offer - what was it Jack? Were you too proud to face me one more time - to make the offer yourself?"

"On my behalf? Claire was the attorney of record in your case. Not me. It was her call. If I'd had my way, you would have done the maximum time," he snapped. 'Have you forgotten a man went to prison because of what you did?"

Hawthorne stared up at him processing what he had said.

"You never change Jack," she said defiantly. "Still the arrogant SOB you always were. Always such a sense of entitlement. To a win in court. To an assistant's bed. To advancement."

"The only thing I ever felt entitled to from you was your honesty," he countered.

"The hell it was. The Dillard case wasn't the only case I busted my ass to help you win. Did it ever occur to you, without my help you'd still be just one of the many at Hogan Place?"

"Your help almost got me disbarred," he sputtered.

"Go to hell Jack," she said quietly.

"I'm not going any where until you tell me why you planted a camera in my bedroom and how you're connected to Samantha Weaver."

Hawthorne set her jaw.

"Then you've got one hell of a wait," she sneered.

McCoy stared at her. Suddenly he stood up, grabbing her by the arm and hustling her into the bedroom. He slammed the door closed shoving her on to the bed.

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