Monday morning… August 25th
 
 

Lee Stetson was on the witness stand again.  Today, he had much more confidence than he had last week.  This time, it wasn’t Quentin Broderick peppering him with questions, but his own attorney, Jacob Goldberg.  Today would be different; today the whole truth would be revealed.

“Mr. Stetson, from your testimony earlier, you admitted that you didn’t report your meetings with Anton Yushenko to your superior in Berlin.”

For the first time in months, Lee was relieved.  He knew they had evidence to prove he was innocent.  Although he always suspected it existed, he had no way of knowing where to look, and no way of looking while he was locked in a cell.  “Yes, that’s true.”

“Did you tell anyone of your meetings with Yushenko?” Jacob Goldberg asked evenly, almost smugly as he casually walked away from Lee and crossed over towards the jury box.

“Yes.”

“Who did you tell?” his attorney asked, making eye contact with each and every juror before he turned and faced his client again. Nodding almost imperceptibly at Lee, he waited for the answer, already knowing it.

“I contacted the founder of the Agency, Harry V. Thornton, back in DC.”

There was a gasp in the courtroom; some of the gasps came from the spectators, several were from the jury.  Lee knew they’d be shocked by the new twist to the trial.  He glanced over to Amanda, giving her a tranquil smile; she met his smile and returned it with one of her own.  Next, his eyes turned towards Quentin Broderick who looked suddenly grim.  Gone was the confident smirk he wore so proudly last week.  Now he was thumbing through his paperwork, attempting not to appear as flustered as Lee surmised, he truly was.

Lee’s attorney asked another question.  “Why did you tell Harry Thornton, and not your superior?”

“Objection, this whole line of questioning is pure fiction!” Quentin Broderick shouted angrily, worried that his slam-dunk case was in danger.  “Since Harry Thornton is deceased, we have no way of corroborating Mr. Stetson’s testimony.”

“Mr. Goldberg, do you have any way to substantiate your client’s claim?” the judge asked.

“I assure the court that we can, and will provide documentation that I’m sure will placate the District Attorney,” Lee’s attorney quickly answered.

Satisfied and somewhat curious, the judge nodded for Jacob Goldberg to continue.  “Overruled, Mr. Broderick, I’ll allow it.”

“Because at the time, I wasn’t sure if I could trust the supervisor in Berlin,” Lee answered decisively.  Then glancing over at the D.A., he continued.  “The first rule of espionage is to trust no one.  I thought the Berlin field supervisor might already be on the Soviet’s payroll.”

Jacob watched the reaction from the jury and grinned.  “What did the Agency Director counsel you to do?”

“Harry Thornton suggested I become a triple agent.  Accept Yushenko’s offer, giving the Soviets access to certain low-level, classified information to let them believe I truly was working with them.  That way, it would be easier to infiltrate their ranks and find out what they were doing, and who else was working on their payroll.”

“You were compensated for that, were you not?” Jacob Goldberg pressed.

“Technically speaking, yes.  Harry Thornton directed me to open a Swiss bank account, which I did.”

“That’s the account that has over a million dollars in it which the prosecutor has identified as yours?”

“Yes,” Lee answered succinctly.

“What did you do with the money?” his attorney asked.

“Me, personally?” Lee asked, pointing his finger at himself.

“Yes.”

Sitting up straight as an arrow and confident as can be, Lee answered.  His voice was self-assured and he made it a point to make eye contact with the jury as he explained the truth. “Nothing, I’ve never accessed any of that money.  The Agency had the bank account number and the password.  It was my understanding that they were using the money to fund other European operations that I wasn’t privy to.”

“Objection, your Honor!  This is all speculation!” Quentin Broderick shouted as he jumped out of his chair.  With his hands waving wildly, he continued his argument sarcastically.  “Anyone can weave a wonderful tale.  The government requests proof.”

“Sustained,” the Judge glanced over to the defense attorney and stared at him pointedly.

“Your honor, I have been given copies of documents which will support my client’s testimony,” Jacob Goldberg explained candidly, walking over to the defense table and picking up a file, holding it up for everyone in the court to view.  Deliberately, he walked to the bench.  “I’d like to introduce defense exhibit ‘A’.”

“The government requests copies of these alleged files,” Quentin Broderick demanded furiously.

The judge turned towards Jacob Goldberg, but didn’t get to make a statement.

“Your Honor, according to the government’s records, a member of Mr. Broderick’s staff signed out the file in question two months ago, but failed to disclose its existence to the defense.  I inquired this morning with the District Attorney’s office, and it seems the bulk of the Melrose file has turned up… missing!”

The Judge glared over at Quentin Broderick and demanded, “Gentleman, approach the bench!”

Lee, sitting next to the judge in the witness stand, strained to hear the conversation…
 
 

“Mr. Broderick, is this true?” the judge asked crossly.

“Your Honor, the staff member in question misplaced the files while they were in his possession.  He has since been terminated.  I had no idea what was in those files.  I have never read them,” Quentin Broderick explained.

“We only learned about the files existence last night, and found out this morning that the remainder of the file is conveniently misplaced,” Jacob Goldberg hissed angrily at the DA before returning his attention to the judge.

“What do you have there, Mr. Goldberg?” the Judge questioned curiously.

“These are copies of the file that was given to us by a third party,” he explained to the Judge.

“A third party?” Quentin Broderick balked, as he rolled his eyes.  “How very convenient, they’re probably forgeries.”

“If your office hadn’t lost the original Melrose files in the first place, this discussion would be moot!”

“Gentlemen, enough!” the judge warned crossly.  “What is the source of the third party?”

“A National Security Agency attorney,” Jacob Goldberg replied matter-of-factly.

“That’s a rather credible third party, Mr. Broderick,” the judge replied, obviously satisfied that the information would be reliable. “Is the person willing to testify?”

“Yes, your Honor, she is.”

“Very well then, I will read the files and make a determination as to whether it can be admitted as evidence,” he declared and waved his hand for the attorneys to step away from the bench.

“The court will take a short recess and will reconvene in an hour,” the judge announced to the entire courtroom.  Then, he got up, with the file in his possession and left the room.

Lee was escorted to a small, secure room by the bailiff.  A few minutes later, he was joined by his wife and his attorney.  Amanda rushed to him and gave him a supportive hug and a kiss.

“How are you?” she asked.

“I’m fine,” he reassured her, rewarding her with his warm and jubilant smile.  “Come sit down with me and relax.”

“I’m too uptight,” she replied, as she began pacing the small room while they waited for the judge’s decision.  “The judge has got to allow the file as evidence.”

“Relax, Amanda.  I saw the look on his face when he found out that Broderick’s office misplaced the original file.  He’ll allow it.”

“Broderick didn’t misplace it, he destroyed it!” Lee contended.

“I don’t doubt that,” Jacob replied.  “It doesn’t matter.  We’ll put Janet Melrose on the stand.  A National Security Agency attorney with a top-secret security clearance - she’ll be a superb witness.  Not to mention she’s a Georgetown law school graduate, same as the judge, and has worked for the NSA for over ten years.”

“You certainly did your homework on Janet,” Amanda commented, obviously impressed.

“That’s what you’re paying me for, Amanda.  You don’t think I’m going to put a person on the witness stand and not know that her background is impeccable?” Jacob answered confidently.  “Quentin Broderick isn’t the only attorney with lofty ambitions.  The judge might even call for a mistrial.”

“I don’t want a mistrial, Jacob,” Lee protested forcefully, clearly voicing his opinion and giving his attorney a stern glare.

Amanda sat down next to her husband, grasping his hand tightly in hers.  It was the first time they’d been able to sit together in a long while.  Her other hand patted his arm.  “Do you really think we have grounds for a mistrial?”

“Amanda, I’ve sat in that damn jail cell for over three months.  I don’t want to go through another trial,” Lee replied, speaking softly to his wife.  Then he glanced over at his attorney.  His voice louder now, and filled with anger, “Jacob, I told you from day one, I was innocent.  I am innocent.  That file proves it.  I want my freedom.  I want to go home to my wife and family.  I want my life back.  A mistrial prolongs how long I’m going to be locked up like an animal.  It gives Broderick time to figure out a way around this mess.  Do you understand - NO MISTRIAL!!!!”

“One step at a time,” Jacob warned his client.  “Let’s see what he rules regarding the file.  I’m confident he’ll allow it.”

“You were also confident this wouldn’t go to trial,” Lee groused, giving his attorney a reproving glare.    “I want the judge to dismiss all charges or the jury to deliberate that I’m an innocent man.”

Jacob let out a heavy sigh.   “Lee, I’ll admit I underestimated the publicity firestorm that followed once the media got a hold of the story.  After that happened, it was a foregone conclusion that this was going to trial,” Jacob Goldberg replied honestly albeit dejectedly.  “We’ve got two things on our side.  First, you’re innocent, and secondly, we’ve got the evidence now to prove it.  The D.A. thought this case was a slam-dunk on Friday; time for a reality check.”

Before they could continue their conversation, the bailiff entered the room.  “Mr. Goldberg, the judge has requested you and Mr. Broderick to come to his chambers.”

They all looked at one another, wishing they knew why the judge had called the meeting.  Jacob Goldberg nodded to the bailiff, and then smiled back at Lee and Amanda before he started out of the room after the bailiff.

Lee called out to him before he exited.  “Make it clear to the judge, I don’t want a mistrial.  I want nothing less than an acquittal.”  With that said, Lee took his arm and wrapped it around his wife’s shoulder.  Amanda leaned her head against his shoulder.  Neither of them spoke.  They didn’t have to.  They both wanted the same thing.

Jacob observed the two of them silently before he exited the room.

It was over an hour later, when Lee was led back into the courtroom by the bailiff.  His attorney, Jacob Goldberg was whispering to his wife, who was sitting behind them.  The first thing Lee noticed was that both his wife and his attorney were smiling brightly.  Lee glanced over to the prosecutor’s table and Quentin Broderick looked rather grim.

“Well?” Lee prodded his attorney, before the judge entered the room, but he already knew from the facial expressions of Amanda, and both attorneys that the evidence would be allowed.

“The judge read the file and offered a mistrial.  On your request, I refused.  He read the D.A. the riot act.  Told him that he better turn his office upside down and ‘find’ the missing file.”

“Good.  The S.O.B. should be brought up on charges,” Lee snapped.

“If we can find Charlie Jefferson and get him to testify,” Jacob reassured him in a whisper, “he will.”

Glancing surreptitiously over to the D.A., Lee asked, “Is Broderick aware that we’re looking for the kid?”

“Not a clue.”

“How long is it going to take to find this guy?” Lee asked.

“Janet gave us the name of the place they were staying at.  If things go right for us, he should be served with a subpoena later today, tomorrow at the latest.”

Lee glanced at his lawyer.  So far, more had gone wrong for them than right.  “And if things don’t go right?”

Before Jacob Goldberg could answer, the other bailiff came into the room and called out for everyone in the courtroom to rise.  Moments later the judge came back in and sat down.  All eyes were now focused on the judge.  They didn’t have to wait long to hear him speak.

“Considering the content of this file, I will allow Mr. Goldberg to use it for Mr. Stetson’s defense,” he replied, glancing at the file he was holding in his hand before he put it down on his desk.  His attention then crossed the room towards Quentin Broderick and he narrowed his eyes.  His contempt for the District Attorney was quite apparent.

The judge then glanced back to the defense.  “Mr. Goldberg, you may proceed.”

“I would like to make a motion for a dismissal,” Jacob Goldberg declared.

Rubbing his chin thoughtfully, the judge didn’t reply immediately.  Lee and Amanda sat motionlessly, holding their breath, hoping against the odds.  The judge finally answered, “Your motion is denied, Mr. Goldberg.  You may call your next witness.”

Jacob nodded to the judge before announcing.  “We’d like to call Janet Melrose Stewart to the stand.”
 

****
 

Monday afternoon at the courthouse…

Amanda watched as the bailiff handcuffed Lee, and began to lead him out of the courtroom.  She mouthed, ‘I love you,’ and Lee nodded, winked at her, then gave her a big smile.  When the door closed behind him, she turned her attention to Lee’s attorney, who was putting papers into his briefcase.

“Jacob, I need to speak with you,” Amanda Stetson insisted, her voice taking on an anxious edge.  It had been a long day.  Janet had spent the entire afternoon on the stand being bombarded with vicious questions on her character as Quentin Broderick cross-examined her in attempt to discredit or find her weakness.

“Amanda, relax,” Jacob replied calmly, turning to face his client’s wife.  “Janet did fine on the stand today.  We knew the D.A. would try to discredit the files.  He’s got no other choice than to attempt to make the jury believe the copies she provided are fakes.  The jury will see through the ploy.  In the very least, we have reasonable doubt.”

“No, it’s not that.  There’s something we’ve overlooked,” Amanda replied, watching as the courtroom emptied, leaving her and the attorney alone in the room.

With surprise in his voice, Jacob asked, “What’s that?”

“The Melrose files aren’t originals,” Amanda commented, matter-of-factly.  “Even the file that Broderick has isn’t original.   Billy wasn’t the source.”

“Amanda, I’m not following you,” Jacob replied, apparently confused by her chain of thought.

“We don’t need to worry about Billy Melrose’s files.  They’re copies – not originals.  We want the source – the genuine files from the person who originated the file.  That’s not Billy Melrose.  That would be Harry V. Thornton,” she explained logically, mentally kicking herself for not remembering sooner.

“Of course, Harry Thornton files!  I’ll request them right away.”

“You can’t do that!” she warned harshly.  “We don’t want to tip off Broderick.”

“Amanda, how else are we going to get the files?”

“If I remember correctly, they were sent to the State Department for safekeeping after Harry retired.  We’re going to need somebody with a Top Secret security clearance to go through the files.”

“Amanda, I’ve got a couple of sharp attorneys on my team who have Top Secret security clearance.  We can go through the files.”

“I realize that, but if your team goes into the State Department and starts burrowing through those files, there’s a chance Broderick’s office will catch wind of it.  He’ll send over a team of his own and they might beat us to it,” Amanda responded plausibly as she mulled things over in her head.

“If we find the original file by Harry, I think it’s worth the risk…”

She shook her head, obviously against taking the chance.  “NO!”

“It’s not your call, Amanda.  It’s Lee’s,” Jacob warned his client’s wife.  “Let me speak with him and see whether he agrees with you or me.”

“Lee will agree with me,” Amanda answered without hesitation, knowing they thought alike and Lee trusted her instincts without a doubt. She realized Jacob Goldberg was acting in his client’s best interest, but he needed to think like a spy.  “Jacob, someone in the Agency is dirty.  Whoever it is, set up Lee, and then sold the lies to Broderick.  We don’t want them to know what we’re thinking.  This whole time someone’s been one-step ahead of us.  We need to contact a person who can poke around without calling attention to themself; a person we can trust.”

“We don’t exactly have a scorecard and traitors don’t generally carry a sign.”

“We have somebody on the inside, and she’s offered to help us.   You need to contact Francine Desmond to search Harry’s files.   She can get into the State Department and sift through those files without attracting any attention.”

“Are you sure we can trust Francine Desmond?” Jacob asked his client’s wife, his face showing concern.  “I realize she called me and offered to be a character witness for Lee, but she’s Agency.  Maybe she’s the traitor?”

Amanda laughed.  “Francine may be a lot of things, but she’s definitely not a traitor.  We can trust her.”

“All right, if you’re sure, we’ll do this your way.  I’ll give her a call when I get back to my office.”
 

***
 

Late Monday night...
 

Amanda was getting ready for bed when the phone rang.  Her heart raced a little faster wondering who would be calling at this hour.  Phone calls this late usually meant bad news.

“Hello?” she answered almost holding her breath, wondering who was on the other end of the line.

“Amanda, it’s Jacob.  I need to see you.”

“At this hour?” she balked.  “Jacob, it’s almost midnight!”

“Yeah, I know.  I’m on my way to your place now.  I’ll be there in ten minutes.  I’ll pull into your driveway.  Unlock your back door so I can avoid the media.”

“Jacob, what’s wrong?”

“No major problems, Amanda, but let’s not discuss this on the phone.  I’ll see you in ten minutes.”

Amanda hung up the phone and quickly changed out of her nightgown and into a pair of jeans and a blouse.  Then, she went downstairs to wait for Lee’s attorney.  As she glanced out the front window, she worried why Lee’s attorney needed to make such a late night visit.  It must be bad news.  Several scenarios ran through her mind – none of them good.  Trying to push past her anxiety, she kept peeking out the window, watching and waiting…

Like clockwork, ten minutes later, a car drove down the street and pulled into her driveway.  Amanda recognized Jacob Goldberg’s Mercedes, hurried to the back door, and unlocked it, waiting for him to come inside.

Amanda opened the door as he got near, then closed, and locked it immediately following his entrance.  Her only greeting to the attorney was the question that had nagged her since she’d hung up the phone.  “Tell me, Jacob, what’s wrong?”

“You’ve swept for listening devices?” he asked, as he glanced around.

“When we got home from court this evening,” she answered as she tried to read Jacob’s body language.  “The house is clean.  Now quit stalling and tell me what happened.”

“Your friend, Francine, called me a while ago.”

“Did she find Harry Thornton’s files?”

“Yes, they’re over at the State Department like you said.  She’s been over there all night trying to sort through them.  However, there’s… an issue.”

“What now?” Amanda groaned, not sure she wanted to know the answer.

“There are dozens of boxes with thousands of files,” he remarked, nodding towards the family room.  “Can we sit down?”

“Yeah, of course,” she sighed, leading the way into the family room.  Her mind, still in a quandary was too distressed to think of offering him coffee or other refreshments.

Jacob sat down and then explained the problem fully.  “Like I said, Harry Thornton’s files are extensive – boxes and boxes of them.  It would take months to go through them all.  She doesn’t know where to start looking.  She thought you might have an idea.”

“Me?” she gulped, shaking her head in despair.  “Oh my gosh, Jacob, I don’t have a clue.”

“Francine mentioned that you knew Harry Thornton and actually found the file that proved he was a triple agent.”

“That was over twenty years ago and that was mostly luck.  Besides, it took a long time to figure that out!  You don’t expect me to sit here and come up with where Harry Thornton filed paperwork decades ago that will prove Lee’s innocence!”

“No, not at all,” Jacob answered and he reached into his jacket pocket, and pulled out a thick wad of papers.  “Francine created an abridged listing of the Thornton files.  Here’s an index from the file names.  She thought that maybe if you looked at them, you’d have an idea of where she should start.”

Amanda took the list from their attorney and thumbed through a few of them.  With wide eyes she uttered in disbelief, “Oh my gosh, Jacob, exactly how many pages are here?”

“Only thirty seven pages.”

“Oh, is that all!” she gasped, her eyes wide open.  “How many items per page – it looks like two columns of what… twenty items in each column?”

“Sounds about right.  You can see why Ms. Desmond needs some direction on where to focus her search.  She isolated these files as those during the alleged ‘Yushenko’ years.   If we can find the right files, this case is nothing but a bad memory,” Jacob Goldberg reminded his client’s wife.

“What about Charlie Jefferson?” she asked, wondering where that lead stood. “Did you locate him yet?”

“No, he apparently left the motel the day after Janet.  It might take a few more days to track him down, but we’re going to find him,” he answered with confidence.

Amanda was less than certain.  “If we don’t find him, what will that do to the case?”

“The copies of the file Janet gave us provide reasonable doubt.”

“But after Broderick was through with her on the stand, he made it sound like the files were forgeries.  Do you think the jury will buy his version?”

“I plan to put Janet back on the stand again tomorrow and rebut a few things to make sure the jury sees it as we do.  However, if we can locate the original files from Harry Thornton, the judge will have no choice but to dismiss the case.”

“When are you going to call Francine as a witness?”

“I was hoping to call her tomorrow afternoon…”

“But you want to call her after she finds the original file,” Amanda finished his sentence for him.

“Exactly,” Jacob concurred.  “Depending upon how long it takes Desmond to find the original file, I might have to ask for a continuance.”

“Lee’s not going to like that,” Amanda remarked, nervously biting on her nail.

“I agree, and neither do I.  That’s why I dragged you out of bed to give you the list; the sooner you start looking, the better.  I’d prefer not to have to ask for a continuance either.  As you reminded me earlier today, we don’t want to tip our hand to Broderick,” Jacob lectured, giving her a stern glare.

Amanda rubbed her tired eyes.  She knew she’d get little sleep regardless.  “All right, I’ll get started on them tonight.  Maybe something will ring a bell.”

“That’s the spirit,” he replied, patting her leg as he stood up.  “If you come up with anything, give my office a call.  We’ll arrange another meeting ASAP and relay the information to Desmond.”

Amanda walked the attorney to her back door.  “I’ll talk to you soon…”

End Part Six
 

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