Open and Shut - By David Rosenfelt Page 0,93
he were allowed to leave his house.
Victor is actually cordial, offering us something to drink and inviting us to sit down. But he is without energy, sort of like a fat, rich, male Stepford Wife. Wallace tells him that a new development has come up in the case, and then he turns the floor over to me to outline the situation.
“Victor, I'm not here to tell you that your legal position is a shaky one. Sandy can do that, but I think you already know that wearing an electronic ankle bracelet is not a good sign. And I'm not here to work out a plea bargain; that is Mr. Wallace's job, should he care to do so. I'm here to tell you what I know.”
Victor just sits and listens with no noticeable reaction; I'm not even sure he is hearing what I am saying. But I push on. “I know that you, and Frank Brownfield, and Mike Anthony, and my father were at the house the night that Julie McGregor died. And I know that Philip Gant was there with you.”
I'm watching Victor's eyes as I bring up Philip's name, and the reaction is unmistakable. There is surprise, then a hint of fear, then definitely resignation. I realize in that instant that Victor on some level had been expecting Philip to help him, not to join him in custody.
“I believe it was Philip's house where it all happened. I can't prove this yet, but believe me, I will. It would be in your interest to help me.”
I'm expecting Victor to refuse, at least initially, but he takes me by surprise. “How would it be in my interest?”
Wallace says, “I'm prepared to discuss the possibility of a plea bargain in return for your truthful and complete testimony.”
Victor laughs, but it's not exactly a joyful one. “I'm sixty-four years old. My life is over, no matter what agreement we might reach. What will you offer me? A window in my cell? Extra cigarettes?”
Sandy leans in to whisper something to his client, and Victor responds by nodding slightly.
“I wasn't talking about a deal for you,” Wallace says. “I was talking about your son. Yours isn't the only life you've ruined.”
The conversation goes on for another hour, but Wallace handles most of it from our end. I spend most of that time thinking about Nicole, and how devastating it will be for her if this meeting accomplishes our goal. There's no way I can alert Nicole to what is going on, yet I feel as if I am betraying her by concealing it.
Both sides agree to consider their respective positions. Wallace will talk to the District Attorney about what they might do for Edward, and Victor will consult with Sandy as to what he might testify to. Both Wallace and I are surprised that it has gone as well as it has.
We are even more surprised two days later when Sandy Michelson presents Wallace with a proposal and a proffer of what Victor's testimony would be. The proposal is for Edward to plead guilty to a conspiracy to murder charge, which would probably result in his getting ten years in prison. The proffer confesses to the murder of Julie McGregor, implicates both Philip Gant and Brownfield, and places the scene of the murder at Philip's house. According to Victor, Philip is the one who pushed her into the pool with his leg, and Victor believes that at the time she was unconscious but alive.
It goes on to detail the events surrounding Denise's murder, which Victor claims was physically done by an unknown assailant hired by Philip. Apparently Philip has retained some connections from his time as a prosecutor dealing with the criminal element, and has used his considerable wealth to hire them. If true, it would also explain how the various attacks and threats were accomplished over the past weeks.
A proffer of this type is a document written by the plea bargainer, detailing what his testimony will be if an agreement can be reached. The law states that if the parties fail to agree, the prosecution cannot benefit from the proffer in any way. It thus becomes a confession and testimony that never legally existed. The purpose is to allow the prosecution to know exactly what testimony it is bargaining for, so that if the accused subsequently reneges and testifies differently, his reduced sentence is reinstated in full.
Wallace already knows what his boss will go for regarding Edward's sentence, and this proposal fits within