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Ryker laughed and started for the courtroom that had just opened. He walked up to a man who stood tall and spoke like someone used to commanding.
“Ready to kick some butt, Colonel?”
“More than ready, son.”
Ryker entered with Levi following behind in hypervigilance mode. He’d tried to reassure Levi that there wasn’t room for two bodyguards, and Levi kept saying he was wrong. Ryker had won, and when they entered the courtroom, all ready to do battle of their own variety, each had a different expectation.
Ryker was confident but not positive he would convince the judge that his client had been treated with bias and not given the benefit of the doubt, all based on old, irrelevant information. And he knew the culprit.
The colonel trusted Ryker and knew he would walk out vindicated.
Levi had wanted a partner with him because his estimation of a courtroom was television drama size. Ryker had known this one was more intimate, and he didn’t worry the same. When he turned to observe Levi after they had entered, the man was more relaxed. Ryker knew he’d made the right choice.
Ryker laid out his case in smooth-flowing logic. He didn’t rant or rave about what others should have seen; he pointed no fingers. He simply told the story. He had no witnesses except the Colonel, and he used him sparingly. The civilian financial business that stated he stole from them had used his military record to prove it wasn’t the first time.
The company attorney tried to introduce hearsay just to get it heard, but it was stricken, and a caution was given. Ryker knew this judge could forget it. The company lawyer then tried to open a different line of attack, but the defense didn’t open the door for that particular line of inquiry.
“His military record states he was asked to leave under a cloud of suspicion,” stated the company attorney. He proceeded to discuss, with his client on the stand, the events he believed to be true.
Ryker cross examined. “I have previously submitted the revised paperwork to your attorney and the court, Mr. Ross. It is true that one year ago, the Colonel’s record showed he was asked to retire. However, two months ago, that had been challenged, and when no evidence could be produced, they rescinded their request and offered him to return to duty. The change went into effect one week before you claimed he had taken income from your client’s company. I submit that your office didn’t do its due diligence in researching the information and therefore used the Colonel as a scapegoat.”
“Objection. That is conjecture.”
“I will show the progression that will bring the court to the same conclusion, your honor.”
“Overruled. Make sure it’s a clear distinction, Mr. Bennett.”
“Thank you, your honor.”
Ryker turned back to the business owner. “I had a forensic accountant look through the books, and they discovered the funds were taken after they left the colonel’s hands. Which, I believe, was the last stop before they landed on the owner’s desk and, later, his pockets. Can you verify that, Mr. Ross?”
“Objection.”
“Withdrawn, your honor. Now, concerning the Winters Wear Company, who transferred their 401K deposit into their account held by your company. Your records and your bank verify the deposit amount. They agree with the account manager, and certified by Colonel, and finally, you.”
“That’s how the process works. Checks and balances,” said Mr. Ross.
“How did you conclude that my client transferred the funds?”
“He was the last one to have access to the funds before that information was forwarded to me.”
“Then help me understand. The dollar amount and the verifications are done electronically, and that information is forwarded to you, Mr. Ross, as is the policy. Correct?”
“Yes,” the perspiring man answered cautiously.
“So, do I have this right? The date on the transfer into your brokerage was January 17th, and the date the deposit was verified by both the account manager and my client was January 17th, and the date and the exact amount was the same amount that you, Mr. Ross, verified was in the account on January 17th.”
“Yes.”
“I understand that part, but here it gets even stickier. The date that the funds were transferred to an off-shore account was in the wee hours of January 18th. Once verified, I believe only the account’s manager, and the owner has access to it, and the colonel was neither. Nor was he the last one to verify the amount in the account. So, I ask how you came to the conclusion that the Colonel stole the money?”
“The military had said he was a crook. It was the natural conclusion.”
“Actually, that was never formally established. And now we know that the military later rescinded their determination with their apologies and a total scrap of the issue. In fact, they asked him to return if he desired. So I ask again, how did you come to the conclusion that the Colonel stole the money on January 18th when he had no access to those funds after January 17th and before you verified the amount?”
“I don’t know.”
“You don’t know? Might I remind you, you are under oath, sir? Might I also show you the forensic accountant report that used an IT company that traced the transfer to your office computer? Then, after some research, funds have been transferred to that same account for several years, dating back to before my client worked for you. Can you explain that, Mr. Ross?”
