Exposed (Rosato & DiNunzio #5)(62)

“That would be so great!” Mary brightened.

“And the thing is, I recognize this is your case, so I’m at your disposal. You run it and you’re in charge. You tell me how you think I can help you best.”

“That’s so nice of you.”

“Good.” Bennie’s chest felt oddly tight, but she ignored that too. Emotions could be such pesky things.

Judy smiled, then pulled up a chair. “So does this mean we can eat?”

“Yes,” Bennie and Mary answered in unison.

Mary added, “Why don’t you both start eating, and I’ll bring you up to speed on everything that happened at the Roundhouse.”

“Good. I’ll get some coffee.” Bennie went to the credenza and started brewing herself a cup.

“Mph,” Judy said, her mouth full of noodles.

Bennie drank her coffee and Judy ate lo mein as Mary recounted the events of the day, starting with something about a locket and ending with the interview at the Roundhouse, after which Simon had given bodily samples and surrendered his phone to the police. Bennie listened carefully, and when Mary was finished, she seemed to look at Bennie across the table, with an uncertain smile.

“Well, Bennie? What do you think? I had to make a lot of decisions on the fly and I’ve never really represented a person of interest.”

“I think you did terrific,” Bennie said, meaning it. “I wouldn’t have made any decision differently.”

“That’s good to hear.” Mary sat straighter.

Judy paused between mouthfuls. “Bennie, what’s the deal with a person of interest versus someone who was arrested for the crime?”

“There’s differences in the rights accorded each of them, but for our purposes, that’s not critical. The critical difference is that with someone already under arrest, the police, DA, and the entire law-enforcement mechanism has bought in. He’s their guy and they’re invested. They throw the full weight of the Commonwealth against him, all of their resources.”

“Okay.” Judy nodded, digging through the rice.

“But when you’re representing a person of interest, you have a golden opportunity. The police are still gathering evidence and trying to make a decision. They want to do the right thing. They don’t want to get the wrong guy, not only because they care, but because the DA wants a conviction. So as defense counsel, right from the beginning, I try to make them doubt their original theory. That’s exactly why Mary did the right thing in pointing out the lack of blood on Simon’s clothes and his hands.” Bennie gestured to Mary. “Same thing going forward. Normally, we might not give them information as we learn it, but with a person of interest, I would funnel to them every single fact we uncover that suggests Simon is not guilty. It will make them think, slow them down, and force them to keep the scope of their investigation as broad as possible.”

“That makes sense.” Judy glanced up from her plate.

Mary brightened. “So what do you think about their case?”

“I think you’re right to be concerned. They have a strong case against Simon, assuming the physical evidence comes in the way you think it’s going to, which I think it will. When they look in his phone, they’ll see that he called Todd. Given the surveillance video, any jury would believe that Simon initiated a meeting with Todd, met with him, and killed him.”

“I know, right?” Mary’s face fell again.

“Don’t look that way. Buck up. Don’t let a little opposition throw you.” Bennie felt her juices start flowing, as if the battle had been joined. “Worst-case scenario, he’s arrested, but not convicted. You have to fight to win, but we’re going to win. He didn’t do it.”

“But his daughter’s in the hospital, and she’s waiting to get a transplant. He’ll want to be there for her. She might, well, she might not survive.”

Bennie hadn’t thought of that. She felt the weight of the words in the conference room, which went suddenly silent. Mary swallowed hard, her Chinese food untouched. Judy even stopped chewing.

“Mary.” Bennie met Mary’s worried gaze. “Don’t be upset. Everything is going to be all right. Let me tell you what Judy and I are up to, and what I learned today. But believe me, after we have gathered all of our information and understood every detail, we are going to fight and we are going to win.”

“You think?”

“I know,” Bennie answered, then filled her in. As she spoke, she could see Mary regain her emotional footing, nodding as she listened. When Bennie was finished, she reminded herself again that she wasn’t in charge and had signed on to be second-chair to Mary’s first. “So Mary, got any theories?”

“I think someone was trying to frame Simon. Todd’s watch and wallet weren’t taken, so it wasn’t a random crime, and it wouldn’t be if the killer was Simon. And I think somebody wanted Simon out of the company—the reduction in his territory, the eventual firing, it’s like it was all part of a plan. Simon thought it was because of Rachel’s medical expenses, so we sued. But what if it wasn’t? What if Todd just said those things to cover up the real reason they wanted Simon out? And it culminates in framing him for murder.”

“Then why deny the statements?”