Prosecutorial Misconduct

Chapter 15

Monique Jeffries looked up from McCoy's computer, when she felt a hand on her shoulder.

"Anything new," Fontana asked.

"Not yet. How'd it go with Ms. Hawthorne?"

Fontana came around and sat on the edge of the desk.

"Well, I know more than I ever wanted to about the whole 'a woman scorned' thing. If I ever start talking about taking someone with me to Italy, Monique, knock me out. When I come to, just say the name Diana Hawthorne."

Jeffries laughed.

"That bad? Did you get anything the DA can use in court?"

"She wants to talk about it. But she's not quite there yet. Maybe with a little time in lock up she'll soften up. I can make another run at her then. Weaver went straight to Hawthorne when she left Jack. It's obvious they had plans for that disc."


"Maybe, but from the way Hawthorne talks, this isn't about money. She keeps coming back to Jack's indifference and what it cost her to be exposed in open court. She's got be after some sort of public humiliation for Jack. "

Before Jeffries could respond, Officer Stewart opened the door. Diana Hawthorne's cell phone was in his hand.

"… I can't just charge the woman because the interim D A of New York county got caught with his pants down!"

McCoy leaned over Prescott more annoyed at hearing his new title, than at the ADA's condescension.

"Call it illegal surveillance, call it conspiracy, hell call it production of and attempt to distribute pornography," he bellowed. "I want Samantha Weaver charged."

Prescott stood, staring up at McCoy unintimidated.

"Just because you want it, doesn't mean you're going to get it - at least right now. If you don't like the way I plan to run this case, call my boss."

"I don't want to call your boss. I just want you to do your job."

"Sleeping with you isn't a crime Jack," she murmured under her breath, a snicker slipping from her lips. " Although maybe it should be. It's just in really bad taste. At least in this case."

"I'm glad you fine this so amusing Brooke," he said irritably. "If you're finished with your wise ass routine, I'd like to point out New York county isn't the only place in this state where taping the sex act without mutual consent is a crime!"

McCoy and Prescott both looked towards the door, hearing it close loudly behind them. Fontana and Jeffries smiled uncomfortably.

"Sorry to interrupt," Jeffries began as she leaned on the porch railing, a cell phone in hand. "Diana Hawthorne's cell phone just had a call. I think you might find it and the last few voice messages interesting."

Prescott held up a hand.

"Wait - any body remember a crazy legal thing called 'expectation of privacy'? Being private instead of public investigators, the rules are a little different for you two. But I can't use this in court with out a warrant."

"Ever hear of 'probable cause' counselor," McCoy said pointedly. "She has no expectation of privacy when she's trespassing. Whatever she brought with her - her person, her purse, her phone- there is probable cause to search."

Prescott gave him an frosty smile.

"If it was her person or her purse we were talking about, I could argue the possibility of imamate danger - a search for possible weapons - that is a no brainer. Have you read this months ABA Journal? The five of the nine Supreme's did an about face on search and seizure with regards to unopened email read by the police in the Malero case - a case any PD worth their salt will bring up when I go to trial on this. I want a warrant before any of my officers or I myself, listen to that voice mail," she said, adding sardonically, "I'm a simple girl, Jack. With simple needs. I deal as a last resort and when I build a case, I build 'em to stand. I rely on evidence that isn't going to get tossed the second I step into chambers."

"Fine," he said shortly. "if you want to annoy a judge you have to deal with by tracking him down on the weekend for a unnecessary warrant, that's your decision. If you don't mind a suggestion from the know it all Manhattan D A - maybe your officers should charge Diana and take her down to county jail."

Fontana and Jeffries glanced at each other, both trying not to laugh at the battle of wills between the two attorneys.

"It looks like you two have things covered here," Jeffries added." Maybe Joe and I should head back across the bridge and start following up on some leads from Hawthorne's voice mail."

"Like you said, the rules are a little different for us," Fontana said moving towards the steps. "Jack why don't you walk me out and I'll fill you in?"

Prescott stood beside Jeffries, watching as the two men went across the street.

"I guess that sounded pretty juvenile," Prescott said quietly.

"Look, you're the one that's got to make the case. Joe and I appreciate the leeway you and your officers gave us. Can I get your number? Joe or I will call you as soon as we have some thing new. Hopefully, by then you'll have you warrant ,"Jeffries said handing the ADA Hawthorne's phone

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