Chapter 20 Sandro #2
"No." I stood. "We don't plead. We fight. Even if it means watching Emilio get cross-examined."
That night I went to Emilio's apartment instead of asking him to come to me. He opened the door looking exhausted. We'd barely seen each other outside the courtroom for the past week.
"They're calling you tomorrow," I said.
"I know. Diana called me an hour ago." He stepped aside to let me in. "She's filing objections but she thinks Morrison will allow limited questioning."
"Are you ready?"
"As ready as I can be." He walked to the kitchen and poured us both wine. "Roberto's going to try to make me look corrupted. Like you bought me. I just have to stay calm and tell the truth."
"The truth about when we got together could destroy both of us."
"I know." He handed me a glass. "But I won't lie under oath. Not even for you."
"I'm not asking you to lie. I'm asking if you're prepared for what Roberto's going to imply. That you were compromised from the beginning. That everything you did as my attorney was tainted."
"Let him imply it. I know the truth. I made my own choices. No one forced me into anything." He took a drink. "Though he's not entirely wrong that you manipulated the situation."
"Emilio—"
"I'm not angry about it anymore. I'm just stating facts.
You identified me as vulnerable and you used that.
You paid off my debts without asking. You bought me expensive things.
You made yourself necessary." He looked at me directly.
"But I still chose you. Knowing what you are.
Knowing what it would cost. That was my choice. "
I set down my wine and pulled him close. "I'm sorry. For putting you in this position. For making you a target."
"Don't apologize. I knew what I was signing up for." He rested his forehead against mine. "Just promise me something."
"Anything."
"Don't react tomorrow when Roberto goes after me. No matter what he says. No matter how he twists things. Stay neutral. Don't give them ammunition."
"I'll try."
"Don't try. Do it. For both of us." He kissed me softly. "Now take me to bed and remind me why this is all worth it."
Thursday morning arrived too quickly.
Emilio sat in the gallery looking composed and professional. I sat at the defense table trying not to watch him obsessively.
"The People call Emilio Rossi to the stand," Roberto announced.
Emilio stood. Walked to the witness stand with steady confidence. Was sworn in. Sat down and looked at Roberto with neutral professionalism.
He was magnificent even now. Even facing hostile examination. Even being used against me.
"Mr. Rossi, can you state your occupation for the record?" Roberto began.
"I'm a criminal defense attorney with Diana Martinez & Associates."
"And prior to joining Ms. Martinez's firm, where did you work?"
"Sterling & Associates. For three years."
"And during your time at Sterling, did you represent Alessandro Vitale in connection with these assault charges?"
"I did. Initially. I withdrew from representation."
"Why did you withdraw?"
Diana stood. "Objection. Relevance."
"Your Honor," Roberto said, "the witness's relationship with the defendant goes to establishing a pattern of corruption and manipulation that's relevant to understanding the defendant's character and methods."
"I'll allow limited questioning," Judge Morrison said. "But stay focused on relevant matters, Mr. Green. The defendant's personal life isn't on trial."
"Thank you, Your Honor." Roberto turned back to Emilio. "Mr. Rossi, why did you withdraw from representing Mr. Vitale?"
"I developed a personal relationship with Mr. Vitale that created a potential conflict of interest. To avoid any appearance of impropriety, I withdrew from representation."
"A personal relationship. Can you be more specific?"
Emilio's expression didn't change. "We're in a romantic relationship. We started dating while I was his attorney. When it became clear the relationship was serious, I withdrew to avoid ethical violations."
Murmurs rippled through the courtroom. Judge Morrison banged her gavel. "Order."
Roberto walked closer to the witness stand. "So you were sleeping with your client while representing him in a criminal case."
"Objection!" Diana was on her feet. "Argumentative and inflammatory."
"Sustained. Rephrase, Mr. Green."
"Were you in a romantic relationship with Mr. Vitale while simultaneously representing him as his attorney?"
"For a brief period, yes. Which is why I withdrew when I recognized the conflict."
"How brief was this period?"
"Approximately three weeks."
"And during those three weeks, did Mr. Vitale provide you with anything of value?"
I watched Emilio's jaw tighten slightly. The only sign of stress.
"He paid off some debts I had. Student loans primarily. Credit cards. A traffic ticket."
"How much in total?"
"Approximately one hundred eighty thousand dollars."
More murmurs. Louder this time. Judge Morrison didn't bother calling for order. Just let the reaction wash through.
"That's a substantial amount of money," Roberto said. "What did you do in exchange for this payment?"
"Objection!" Diana's voice was sharp. "Counsel is implying prostitution. That's beyond inappropriate."
"Sustained. Mr. Green, watch your implications or I'll hold you in contempt."
Roberto didn't look chastened. "Let me rephrase. Did you accept this money from your client while actively representing him?"
"I didn't ask for the money. I didn't know about the payments until Mr. Vitale told me he'd made them." Emilio's voice stayed level. Professional. "When I found out, I was concerned about the ethical implications."
"Concerned enough to return the money?"
"I've been repaying Mr. Vitale since I started my new position. We structured it as a personal loan. I make monthly payments and I've already repaid approximately thirty thousand dollars."
This was news to me. Emilio hadn't told me he was actually making payments. I'd assumed the debt conversation was theoretical.
Roberto looked surprised too. "You have documentation of these payments?"
"Yes. Bank records showing transfers from my account to Mr. Vitale's personal account. I can provide them if needed."
"That won't be necessary right now." Roberto regrouped. "Mr. Rossi, when exactly did your relationship with Mr. Vitale begin?"
"We went on our first date approximately six weeks ago."
"So you were his attorney when the relationship started."
"Yes."
"And you're aware that's an ethical violation. That attorneys aren't supposed to have sexual relationships with clients."
"I'm aware of the ethical guidelines, yes. Which is why I withdrew from representation as soon as I recognized the relationship was becoming serious."
"As soon as you recognized it was serious. So initially you thought it was just casual?"
Diana stood again. "Objection. This is harassment, not relevant questioning."
"Your Honor, I'm establishing the witness's credibility and his susceptibility to the defendant's manipulation."
"Overruled. But move along, Mr. Green. You're testing my patience."
Roberto walked back to the prosecution table. Grabbed a document. "Mr. Rossi, isn't it true that you were drowning in debt when you met Mr. Vitale? That you'd just gone through a divorce and were struggling financially?"
"I had financial obligations, yes."
"And isn't it true that Mr. Vitale identified you as vulnerable and systematically compromised you? Paid off your debts. Bought you expensive clothing. Took you to high-society events. Made you dependent on him financially and socially?"
"No." Emilio's voice was firm. "Mr. Vitale didn't compromise me. I made my own choices. About the relationship. About withdrawing from his case. About how to handle the ethical complications. Those were my decisions."
"Even though he paid off nearly two hundred thousand dollars in debt?"
"I'm repaying that money. It was a loan, not a bribe."
"A loan he gave you while you were defending him in a criminal case."
"A loan he gave me when I was in a difficult financial situation. The timing was unfortunate but the motivation wasn't corrupt."
Roberto walked closer again. "Mr. Rossi, how can you expect this jury to believe that a mob boss—"
"Objection!" Diana was furious. "Mr. Vitale has never been convicted of organized crime. Counsel is introducing prejudicial characterization."
"Sustained. Mr. Green, refer to the defendant by name or as the defendant. No characterizations."
"How can you expect this jury to believe," Roberto continued, "that the defendant gave you one hundred eighty thousand dollars out of pure generosity? With no expectation of anything in return?"
"I don't expect them to believe anything.
I'm telling you what happened. Mr. Vitale and I developed a genuine relationship.
He helped me when I needed it. I'm repaying that help.
And I withdrew from his case to avoid any ethical violations going forward.
" Emilio met Roberto's eyes. "My relationship with Mr. Vitale is personal and private.
It has nothing to do with the assault charges against him. "
"It has everything to do with establishing his pattern of corrupting people around him—"
"Objection! Argumentative."
"Sustained."
Roberto looked frustrated. "No further questions."
Judge Morrison looked at Diana. "Cross-examination?"
"Yes, Your Honor." Diana approached the stand with a gentle expression. "Mr. Rossi, you've practiced law for how many years?"
"Six years total. Three years at Sterling & Associates."
"And in those six years, have you ever been subject to disciplinary action by the bar association?"
"No."
"Have you ever been accused of ethical violations before this case?"
"No."
"You've built a reputation as an ethical, competent attorney?"
"I'd like to think so."
"When you recognized that your relationship with Mr. Vitale created a potential conflict, what did you do?"
"I immediately consulted the ethical guidelines. I spoke with senior partners at my firm. And I made the decision to withdraw from representation to avoid any appearance of impropriety."
"You put your ethical obligations above your professional relationship with a high-value client?"
"Yes. My law license and my integrity are more important than any single case."
"And you've been repaying the money Mr. Vitale lent you?"
"Yes. Thirty thousand dollars. I'll continue making payments until the debt is repaid in full."
"Why are you repaying it if it was a gift?"
"Because I don't want there to be any question about my motivations or my integrity. If it's a loan that I'm actively repaying, no one can claim I was bought."
Diana smiled slightly. "Thank you, Mr. Rossi. No further questions."
Emilio was excused. He walked back to the gallery with his head high. Sat down in his usual seat. Didn't look at me.
I wanted to go to him. Wanted to thank him for handling that with such grace. Wanted to apologize for putting him through it.
Instead I sat at the defense table and kept my expression neutral. Like he'd asked.
Judge Morrison called for afternoon recess. Diana leaned over and whispered, "He did well. Better than most witnesses under that kind of pressure."
"He's brilliant."
"He's also very clearly in love with you. The jury saw that. It helps and hurts us simultaneously."
I looked back at the gallery. Emilio was gathering his things. Preparing to leave.
Our eyes met across the courtroom.
He gave me that small nod again. The one that said we're okay. We're together. We'll survive this.
I nodded back.
And tried to believe it was true.