The Eighth Sister (Charles Jenkins #1)(114)

Harden held a document, reading as the attorneys entered. He brought the proceeding to order, asked counsel to state their presence in his chambers for the court reporter, then said, “Mr. Sloane, I assume you have not seen Judge Pence’s order, which I received early this morning?”

Pence was the Ninth Circuit Court judge who had written the order reversing Harden’s decision to allow the use of the LSR&C documents. Sloane had not seen an order, though he had read the government’s interlocutory appeal to keep Sloane from calling Carl Emerson.

“I saw the appeal. I have not seen the judge’s order.”

Harden handed Sloane the order across his desk. “Judge Pence apparently works late nights.” He looked to Velasquez when he said this, but she remained stone-faced and impassive. “In any event, Judge Pence’s order prevents the defense from asking questions of Mr. Emerson that pertain to subjects covered in the documents the Ninth Circuit has already held to be classified under CIPA. He also has issued a number of other restrictions with respect to questions the defense may ask of Mr. Emerson. I don’t expect you to make a decision at this time regarding what you intend to do, whether you still intend to call Mr. Emerson. But if you do, these restrictions would apply.”

Sloane and Jenkins quickly flipped through the two-page order, reading the restrictions. They would prevent Sloane from asking Emerson much of anything. Emerson would have a green light to lie, knowing Sloane could not impeach him. On the other hand, if Emerson was present in court and the defense did not call him, the jurors would wonder why not. It could be fatal to Jenkins’s defense.

“We will let you know, Judge,” Sloane said in as confident a voice as he could muster.

Velasquez, now imbued with confidence bordering on arrogance, said, “The government requests a decision now. We need to let Mr. Emerson know whether he is free to go, so as not to inconvenience him, or we need to prepare him for questioning.”

Harden rubbed his chin as if he’d just taken a right cross and the impact had surprised him. “Counsel,” he said to Velasquez. “You can tell Mr. Emerson that if the defense decides to call him today, tomorrow, or the next day, or the day after that, I expect him to be in that hallway. Do I make myself clear?”

“You do, Your Honor,” Velasquez said.

“Your Honor,” Sloane said, thinking on the fly. “If the defense opts not to call Mr. Emerson, I would request an order preventing the government from commenting on Mr. Emerson’s presence here, or on the defense’s decision not to call him. It would be highly prejudicial, especially because the defense could not comment that it had been forbidden to use LSR&C documents to impeach Mr. Emerson, were he to lie.”

“That motion, I will grant,” Harden said, and quickly added, “We’re finished in here, counsel.”



After Harden went through preliminary matters, the jurors returned and took their seats. Sloane called Mitchell Goldstone, LSR&C’s chief operating officer. Goldstone had been driven to the courthouse that morning from the Federal Detention Center at SeaTac, and his wife had provided him a suit, a tie, and appropriate shoes to wear in court.

Jenkins thought Goldstone looked at ease on the stand, perhaps because the trial subpoena had both compelled and freed him to testify. He told the court that LSR&C had been run as a CIA proprietary from the start of its existence, and that LSR&C had been paid by the CIA to provide cover stories for its field operatives, including providing them with “legitimate” employment. He testified that Carl Emerson had initially been employed as an officer of LSR&C, but that it was subsequently decided at CIA headquarters in Langley, Virginia, that it would be more prudent if he was an officer of a subsidiary, TBT Investments, to keep the money separated from investor funds. Goldstone said CIA money was funneled through TBT Investments to fund agents and their operations. He also testified that he’d met Emerson when Emerson came to the offices in November 2017. That piece of information would allow Sloane to argue in closing argument that Emerson was in Seattle at the same time Jenkins said he met Emerson on Camano Island.

Goldstone answered Sloane’s questions without hesitation and appeared calm and confident. But Jenkins and Sloane both knew that, because of the plea agreement he’d signed, Goldstone was easy pickings for Velasquez, and she wasted little time shoving that agreement down Goldstone’s throat.

“Mr. Goldstone,” Velasquez said. “It’s true, isn’t it, that you pled guilty to ninety-four counts of perjury, fraud, and tax evasion?”

“Yes,” he said. “I did.”

“You pled guilty to lying under oath nearly one hundred times, correct?”

“That is correct.”

“And your lies pertained to statements you had made that your company was a CIA proprietary, correct?”

“Yes,” Goldstone said.

“You also pled guilty to defrauding investors in LSR&C, didn’t you?”

“Yes,” Goldstone said.

“You pled guilty to running a Ponzi scheme, didn’t you?”

“I did.”

“After your arrest, for fraud, you didn’t call the CIA and ask someone to bail you out, did you?”

“I guess I just thought they would.”

“You didn’t call the CIA and ask someone to bail you out, did you?” Velasquez asked again, this time a little more forceful.