Prosecutorial Misconduct

Chapter 13

Hawthorne sat up her eyes wide with surprise, backing away from McCoy.

"Jack, what-"

"Shut up," he snapped as he took the disc out of his pocket and placed it in the player. "You don't want to talk about it? Fine. Then you can watch."

"What are you doing?"

"I want you to see what you were so anxious to see."

The television screen came to life. McCoy sat on the edge of the bed watching Hawthorne as the disc played. As uncomfortable as McCoy was, he had to try. He knew if she watched the disc,the passsion he'd felt when he had slept with Samantha Weaver would be obvious to Diana Hawthorne. Obvious and painful. Maybe painful enough to jar her into slipping up.

As hard as she tried to remain impassive as the scene played out, Hawthorne began to flush. Her expression changing from indifference to discomfort.

"Turn it off," she said softly.

"Isn't this what you wanted," he taunted. "You went to a lot of trouble not only to select a lover for me - but to be damn sure I enjoyed myself. I never thought I needed a pimp, Diana. Maybe I should be thanking-"

"I said turn it off," she repeated sharply, her voice cracking as she fought to hold back the tears.

McCoy flipped the set off and stood over her.

" Either the police or the private detectives will track that camera to you. The phone records on Weaver's phone already link you to her. The visitor records at Rikers and Bedford are in the process of being reviewed. The ADA is on her way. You know how this works Diana. If I hear it now, before the Suffolk DA builds a case, I can help you. If you wait it out, you're going to serve a hell of a lot longer than six months this time."

Before she could reply there was a knock at the door.

"Jack," Fontana said opening the door." I need to talk to you."

The an officer entered the bedroom as Fontana and McCoy joined Jeffries on the porch.

"I just got a call from Westchester. Looks like the relationship between Hawthorne and Weaver goes back to the start of Weaver's trial," Fontana said gravely.

"Apparently Diana Hawthorne was Diana Westbrook," added Jeffries as she scanned her note pad. "The visitors logs indicates a Diana Westbrook was working with Weaver's law firm. When we did a background check, it turns out Hawthorne was married to Tyler Westbrook until he died of a heart attack in 2004. Westbrook was co owner of a security firm in Flushing - even though Hawthorne sold out to his partner- that would explain where the knowledge about surveillance equipment, as well as where the camera came from."

Fontana nodded.

"After Westbrook died, it looks like Hawthorne went though the estate pretty fast. She's got a lot of debt on her shoulders. In 2006 she began working as a legal consultant for Tepper, Markham, and Winestock. That's how she hooked up with Weaver."

"A consultant," McCoy said perplexed. "She can't practice-"

"No, Jack," Jeffries explained. "She can't call herself a lawyer. She can't file papers or go into court and represent anyone. She can give advice. Advice like how to undermine the prosecution. Especially when the prosecutor is someone she worked with. Someone whose weaknesses she was privy to."

McCoy shook his head.

"Are you saying Tepper hired her to advise him on me?"

"It sure looks that way," Fontana said, "Jack. This isn't the first time. Her employment records indicate she's advised a number of firms who represented defendants against you."

McCoy felt a pang of sympathy for his former lover, in spite of himself.

"She was a gifted trial lawyer. So much passion for the law, so much talent…and she's reduced to this?"

"Sounds like may be we've got a motive," Fontana added.


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