Prosecutorial Misconduct

Chapter 9

"Eggs Benedict is the house specialty," Hawthorne suggested as her companion scanned the menu.

Weaver nodded handing the menu to the waitress.

"The Eggs Benedict and a double espresso."

While Hawthorne placed her order, Weaver removed the disc from her bag and slid it across the table. She placed her sunglasses over her eyes as she surveyed the growing group of patrons on the patio.

"Thank you very much," Hawthorne said, placing it in the pocket of her jacket. "So, how does it feel to be a free woman?"

Weaver smiled.

"I'll admit sleeping in Jack McCoy's bed was a damn site more comfortable than the accommodations I've endured the last several months," she said sardonically. "If the man wasn't such a moralistic hypocrite, he could have been a great asset to a company like mine."

Hawthorne waited for the waitress to set down their espressos and leave before responding.

"I learned a longtime ago the only thing that outweighs Jack's charm is his sanctimony. The last time we spoke - the day I went to his office after I admitted everything I'd done I'd was for him - the only thing he could say was 'I never asked you to do it'. Not a word of gratitude. Not an ounce of compassion," she said thoughtfully sipping her coffee. "Just that God awful look of disillusionment - as if he himself would never cross an ethical line."

"I know you've been busy on your end - bring me up to speed."

Hawthorne nodded as the waitress approached the table once more. After setting their orders down and assuring herself nothing else was required, the young woman left the table.

"As you know, Arthur Branch has filed for re election. However, since Senator Rodham received the nomination for President, her Senate is seat vacant. Your timing couldn't have been better. I know for a fact, Branch has been approached and will be announcing his acceptance this weekend.

"Once that happens, Branch will move to appoint Jack interim D A. I've already approached the press - as well as key members of the ethics committee - anonymously with an outline of Jack's past indiscretions in and out of the bedroom," she said buttering her toast. "Lets see… his involvement with subordinates -while not exactly new, warrants restating. His affairs with Bell, Kincaid, and his first wife are well documented. Our affair still casts suspicion on his credibility. His first wife isn't worth approaching - I worked with her. Liz won't dirty her hands with something like this. I'm sure she still blames me for the end of that farce she called a marriage. Besides, she won't put their daughter through another scandal involving Jack. But Jack's second wife...,"Hawthorne said with a grin." I'm meeting her later today. We've spoken a few times on the phone and she seems very cooperative."

Weaver nodded as she eagerly she tried the eggs.

"What about his more recent assistants? Rubirosa, for one. I'd really enjoy throwing a little dirt on her."

Hawthorne shook her head.

"Nothing I can prove. Even the few times she's gone out with him, it's been less than an hour and they didn't leave together. From everything I've heard, since Kincaid it's been strictly professional - at least on the surface. Now, Serena Southerlyn came out of the closet after her dismissal. If Jack had tried anything, I'm sure she would have filed changes- if for no other reason than to embarrass Branch. Borgia wasn't around long enough - although the fact he basically got her killed - is something I definitely plan to use. As for Ross and Carmichael...maybe.

"That trip to California Jack and Ross took during a few years ago, got her ex- husband's dander up. Neil Gorton is more than willing to add fuel to the fire there. Carmichael would be just the type for Jack to go after - a real challenge - but there's nothing I can use. A few dinners, but again never left together.

"Now, your little home movie that is going to be the center piece - especially once I've done a little editing and you issue your statement as to how Jack led you to believe if he got the DA spot he would re file those charges if you didn't sleep with him. That is going to do the most damage professionally and personally," Hawthorne said with a gleam in her eyes. "If he thinks his daughter held a grudge over his second marriage, lets see how long it takes for her to speak to him after this."

Weaver shook her head.

"I don't know…even with the spin, will it be enough to finish him professionally?"

"With his last brush with the feds over that VA scandal, coupled with his obvious conflict of interest in the Borgia murder, the shadow already cast by a number of cases over the years on Jack's ethics - no way is his appointment as DA going to stand.

"Branch's ethics will be questioned as well and whoever does come in is going to have no choice but to force him out," Hawthorne said confidently. "It's just a matter of timing and the right exposure."

Weaver nodded.

"I have to give you credit, Diana. When you approached me during the trial, I figured nothing would come of your plan. It's been years since McCoy crossed you. Besides, you had feelings for him. I thought when it came down to it, you'd balk. I guess it's true: Revenge is a dish best served cold."

Hawthorne laughed.

"I'm sure Jack thinks I got off easy. That he did me a great favor having Claire Kincaid accept my plea bargain. As if six months in jail was a slap on the wrist. Like being exposed in open court by his current lover wasn't the ultimate humiliation. This time, the shoes going to be on the other foot. There's enough truth in some of those allegations to keep an investigator busy for months. He may not do jail time but he'll lose the thing that's most precious to him. He'll be in his own private hell when he can't practice law anymore."

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