80
WHO THE hell is Alena Porter?” Blake whispered urgently to Leah.
“I have no idea,” Leah replied. She turned and watched as a beautiful woman she’d never seen before made her way through the courtroom to the witness stand.
Blake stood. “Your Honor, I object to the calling of this witness. My client tells me that she has never met Ms. Porter. If the purpose of this hearing is to establish whether there has been a fraud upon the court perpetuated by my client, then surely the witnesses should be limited to people who have direct knowledge of my client’s actions.”
“This witness has very direct knowledge, Your Honor,” Duncan replied. “As will quickly become clear.”
“I’ll see what the witness has to say,” Judge Lasky said. “But, Mr. Riley, let’s not have any song and dance here, understood?”
Leah studied this woman Alena. She looked to be in her late twenties, dressed well, surprisingly composed under the circumstances. Then again, with her looks she was probably used to being the center of attention, Leah thought. Then it came to her: this woman must know her brother. Was she the woman who had told her brother about the reporter? If so, what was she doing here in court?
Once Alena was sworn in on the witness stand, Duncan led her through just a few background questions before getting to the point. “Ms. Porter, do you know Jeremy Roth?”
“Yes, I do.”
“How do you know him?”
“We dated.”
“Did you and Jeremy Roth ever discuss the Aurora Tower?”
“Yes.”
“On how many occasions did you discuss it?”
“Three that I can think of.”
“Did you discuss the accident at the Aurora?”
“Some.”
But Duncan wasn’t quite ready to get into the heart of Alena’s testimony. “Did Jeremy Roth ever say anything regarding Pellettieri Concrete’s work at the Aurora?”
“Objection,” Blake said quickly. “Hearsay, Your Honor.”
“It’s a party admission,” Duncan said to the judge, invoking one of the exceptions to the rule against hearsay testimony.
“Jeremy Roth isn’t a party to this matter,” Blake rejoined. “So nothing he said could be a party admission.”
“Obviously the nature of the present hearing complicates who the parties are,” Duncan said. He’d been expecting Blake to raise hearsay issues, knew that he was on thin ice in that regard, but hoped the unusual circumstances would get him some leeway. “If the court isn’t willing to treat Mr. Roth’s statements as party admissions, they are statements in furtherance of a conspiracy and against penal interest, and therefore exceptions to hearsay.”
Lasky looked at Duncan for a long moment before turning back to Blake. “The hearsay issues here are complicated, especially given the unusual procedural posture of this hearing. Since there’s no jury, and I’m still unclear as to the nature of the evidence Mr. Riley intends to introduce, I’m inclined not to rule on the hearsay issues until I know where this is going. You’ll have a standing objection, Mr. Blake. Mr. Riley, you shouldn’t assume that any arguably hearsay evidence you present will ultimately be considered by me. I may well strike all of it. Clear?”
Duncan nodded, figuring this was as good as he could hope for. He turned back to Alena. “The question, Ms. Porter, was whether Jeremy Roth ever told you anything regarding Pellettieri Concrete and the Aurora?”
“He told me he knew they were skimming money.”
“If he knew about that, why didn’t he put a stop to it?”
“Most of the money was going to Jeremy. He was basically pocketing company money out of the project through the concrete company.”
Duncan paused, wanting to let this sink in to the judge. Blake stood once again. “Your Honor, even if these accusations were true, of what possible relevance are they to the murder case before this court?”
“That will be clear quite soon, Your Honor,” Duncan said quickly. Judge Lasky gestured for him to continue.
“Did you ever have a conversation with Jeremy Roth regarding the accident at the Aurora?”
“Yeah. He felt guilty about it, because he knew how the concrete guys were cutting corners.”
“What, if anything else, did he tell you about the accident?”
“He told me he was being blackmailed because of it.”
“Did he say anything regarding who was blackmailing him?”
Alena glanced over at Leah before answering. For a moment the two women just stared at each other, as though they were the only people in the room. Then Alena turned back to Duncan, her composure showing a crack for the first time since she’d taken the stand. “It was Sean Fowler,” she said.
“When did Jeremy Roth tell you that Sean Fowler had been blackmailing him?”
“Two days ago.”
Leah couldn’t believe what she was hearing. If this woman was telling the truth, Jeremy had not only told her his darkest secrets, but had done so on the eve of this hearing. Did he want to get caught? She knew her brother was self-destructive, but this was something else entirely.
“Did you and Jeremy Roth ever discuss the murder of Sean Fowler?”
Blake again stood. “Your Honor, I must object. This is rank hearsay. If Mr. Riley wanted Jeremy Roth’s testimony, he could’ve called him as a witness. If Ms. Porter has no direct knowledge, she shouldn’t be testifying.”
“As I said, Mr. Blake, I’m going to reserve ruling until I know where this is going,” Judge Lasky said. “You may proceed, Mr. Riley.”
Duncan nodded, turning back to Alena, who had remained impassive throughout the back-and-forth. “You can answer, Ms. Porter.”
“We did discuss the murder, yes.”
“Did Jeremy Roth explain to you how Sean Fowler came to be in a position to blackmail him?”
“He told me Fowler was involved with the skimming at the Aurora, as a go-between, I guess.”
“Did Mr. Roth tell you anything else about his interaction with Sean Fowler?”
“Jeremy told me that he paid Fowler off, but that he came back for more. That’s why he was killed.”
“What, if anything else, did Jeremy Roth tell you about Fowler’s death?”
“He said he didn’t have anything directly to do with it. That his sister made the arrangements, working with these security guards they used.”
Blake had again stood. “This has become utterly outrageous, Your Honor. It’s all unsupported. Leah Roth tells me she’s never even heard of this woman who is making these outlandish accusations. I have no idea whether Jeremy Roth has actually ever met her.”
“I have no objection if Mr. Blake would like an opportunity right now to probe the basis for Ms. Porter’s testimony,” Duncan said calmly.
Blake glanced over at Duncan, his suspicion of the offer doing battle with his need to derail Alena’s testimony.
“I would like to question this witness, yes,” Blake said after a moment. “But I’d also like at least a few minutes to consult with my client first.”
“All right, then,” Judge Lasky said. “We’ll take a ten-minute recess to catch our breath, finish with this witness, then see where we are.”