It didn't go down well.
"Anyone who touches me with a needle is going to be sued!" yelled Tom Fitzharding. I remembered the pictures of him and his wife with Peter, when my brother was sixteen or seventeen years old.
I slapped Fitzharding across the face. It made a loud noise and shut everybody up. It felt good, too. I didn't like Fitzharding and his wife, and I had good reasons.
"Once this unpleasantness has been taken care of, you can go inside," I repeated. "You can shower, change, and lie down for a nap. But whether you cooperate or not, no one is going in until this is done."
"You little snot," said Stella Fitzharding.
I leaned in close to her. "I know all about you and Peter. So shut the hell up."
"I need a shower. You can start with me," offered Tricia Powell, sitting down on one of the chairs. She wearily held out her arm.
After that, things went surprisingly smoothly. Hank and Marci carefully drew and labeled 90ml from everyone in the garage. Then the hostages were brought inside and led to the almost completed sports entertainment wing. Foam mattresses were lined up on the floor. There were bathrooms, of course. We even had coffee and rolls. And lots of organic milk.
"Try to get some sleep," I advised. "It's going to be a long day."
Chapter 84
EARLIER IN THE WEEK Marci had gone to the K-mart in Riverhead and rummaged through the discount tables looking for garments to clothe our guests. When the Neubauers and Fitzhardings, Volpi, Tricia Powell, and Montrose lined up for breakfast, they were dressed, well, modestly and inexpensively. The food and sleep had improved their spirits, but their faces were marked by confusion and anxiety. Why are we here? What now?
We had given a lot of thought to security and decided to keep it simple. Every door in the wing we were using was padlocked. A few were double-padlocked. Everyone was told they would be gagged and tied down the first time they gave us any trouble, or even made us suspicious. So far, the threat had worked. It also helped that Marci, Fenton, and Hank carried stun guns at all times.
Shortly after breakfast Macklin arrived with a petite, gray-haired woman. The group exchanged more puzzled looks and seemed buoyed by the hope that this would be over soon.
Then, as Macklin and I huddled in the corner, Bill Montrose appealed to my grandfather's better judgment.
"Mr. Mullen, it's very good to see you," said Montrose. "I think you realize that if we're released before anyone is hurt, those involved are likely to fare much better. I can almost promise it."
"You'd know more about that than me," said Macklin as he turned his back on the lawyer.
Nevertheless, the six hostages saw some reason to be hopeful until they were led into a vast oceanfront living room, whose slate floors and redwood beams and jaw-dropping view were the focal point of the house.
That morning, however, the drapes were pulled across the entire expanse of glass. The room was lit by powerful lights that Marci and Fenton had hung from the ceiling.
Montrose muttered, "Oh, Jesus, no."
The sparsely furnished room held a pair of long wooden tables and several beach chairs. Facing them from a foot-high plywood platform was a black leather office chair.
Between the elevated chair and the tables were two more chairs. One held a Bible, the other fronted a small desk. On it was an archaic contraption that looked like a typewriter with a few working parts chopped off.
Behind the raised chair hung two shimmering flags — the Stars and Stripes, and the green, orange, and white of Ireland.
In the midst of the furniture was a rolling tripod holding a TV camera. EH70 was stenciled on the side.
Molly aimed it at our guests as they filed into the room, handcuffed and grumbling, and sat in the row of beach chairs behind the tables. Each of them looked in shock. Next, the door to the room was locked. Hank stood beside it with a stun gun and a Louisville Slugger.
Then Molly spun the camera around to track Macklin as he walked the length of the room. He stepped warily onto his little stage and sat in the leather chair.
At about the same time, his friend and court stenographer, Mary Stevenson, took her seat in front of the old machine.
To Macklin's right, a homemade sign had been taped to the otherwise pristine white wall.
Molly focused on the simple block letters: THE PEOPLE V. BARRY NEUBAUER.
Chapter 85
THE FIRST REAL DISTURBANCE CAME, not surprisingly, from Volpi. He stood up and yelled at the top of his voice, "This is bullshit!"
Hank ran over from the door with the stun gun held out like a sword. He zapped Volpi, who dropped to the floor, writhing in pain. I thought it was a good lesson for the group to see. I knew that the camera was still focused on the handmade sign. Hank's crowd control was not being broadcast.
"Frank, keep your mouth shut," Hank yelled. "That goes for the rest of you scum, too." I think they all got the point.
Without warning, Molly spun her camera again, this time to aim its merciless eye at me. I stood to my full six foot one, took a deep breath, and stared straight into the lens.
Ever since the cold-blooded murder of Sammy in Chelsea, I had applied myself in ways I never could have at Nelson, Goodwin and Mickel. I just hoped I was doing the right thing. I had been cramming for this my whole final year at Columbia. And not just by obsessing about Peter's murder and the injustice that followed. I had read and reread Fundamentals of Trial Techniques and The Art of Cross-Examination, a classic published in 1903 that still held up.
"We're on," said Molly, tapping the red light on the camera. "We're broadcasting. Go, Jack."
"My name is Jack Mullen," I began, my voice cracking slightly and sounding as if it belonged to someone I barely knew. "I was born and raised in Montauk and have lived here my whole life."
No one in the room was half as uptight as I was, but I put my faith in the steady, measured cadence I'd practiced so diligently during lawyering clinics at Columbia. Everything about my tone and bearing attempted to communicate that I was sane, basically reasonable, and worth hearing out.
I also knew that the time was ripe for this. I was pretty sure that a lot of people were angry and upset about what they considered courtroom injustices in the recent past: the Simpson trial, the Diallo verdict in New York City, the botched Jon-Benét Ramsey case, and others in their own cities and towns.
"A year ago yesterday," I continued, "my brother died at a party held at a Hamptons beach house. He'd been hired to park cars. The next day his body washed up on the beach below the property. The inquest held at the end of that summer concluded that my brother, who was twenty-one, died accidentally. He didn't. He was beaten to death. In the next few hours I will prove not only that he was murdered, but why and by whom.
"Sitting at the end of the table to my left is the man who owns the house and hosted the party. His name is Barry Neubauer. He's the CEO of Mayflower Enterprises. You've probably watched his cable channels or visited his web sites or taken your children to one of his theme parks. Maybe you've read about his bigger-than-life exploits in a business magazine or seen a picture of him taken at a celebrity charity gala. But that doesn't mean that you know the real Barry Neubauer.
"You will, though. Far better than you want to, because Barry Neubauer is about to stand trial for the murder of my brother."
"Jack Mullen is going to prosecute me?" shouted Neubauer. "Like hell! Turn that fucking camera off! Turn it off now!"
His outburst was followed by so many others that Macklin had to crack his black walnut gavel for quiet.
"This trial will begin in a few minutes," I finally said to the camera. "We're broadcasting live on Channel Seventy. This short break will give you a chance to call your friends."
Chapter 86
MOLLY TURNED OFF THE CAMERA, and I motioned to Fenton and Hank. We walked over to Neubauer. He held up his handcuffed wrists. "Take them off!"
I ignored the demand as if it had come from a spoiled child.
"It
doesn't make any difference to me whether you all participate in the trial or not," I told Barry flat out. "It changes nothing."
He huffed like a self-important CEO. "We're not going to cooperate. So what will that look like on TV? You'll look like a complete fuckup, Mullen, which is what you are."
I shook my head at Neubauer, then took a manila envelope out of my briefcase.
I showed him what was inside, and I showed only Barry.
"This is what it will look like, Barry. And this. And all of these," I said.
"You wouldn't dare," he snarled at me.
"Oh, yeah, I would. As I said, it's your choice. You can offer your side of things. If you don't, that's fine, too. We're going back on the air."
Molly started filming again, and I repeated my introductory remarks. This time a little more calmly and cogently.
"Before this trial is over," I continued, "you'll understand that Barry Neubauer is a killer and that everyone sitting in these chairs contributed to either the crime or its cover-up. Once you've seen what they've done, you won't have an ounce of pity for them. Believe me, you won't.
"The People will show that Barry Neubauer killed my brother himself or hired someone else to do his bloody grunt work. We will also show that along with the means and opportunity to kill Peter, he had one hell of a motive. When you hear the motive, you'll understand everything.
"I fully recognize these aren't ideal circumstances to determine a man's innocence or guilt," I said.
"Oh, really," said Bill Montrose. "That's the first intelligent thing you've said so far, Mullen."
I ignored Montrose. I knew the crucial thing at that point was to keep plowing ahead and not allow myself to be sidetracked. My mouth had become too dry to continue. I stopped and picked up my water glass. My hand trembled so badly, I almost dropped it.
My voice was steady, though.
"If you bear with me, I believe you'll see that this trial is at least as fair as any you might have followed lately. Fairness is all we're looking for here.
"For one thing, Mr. Neubauer will have the benefit of counsel. And not an overworked, underpaid green defender like those assigned to the many indigent defendants who end up on death row. He's the eminent Bill Montrose, senior partner and management committee chairman at a large New York law firm. And since Mr. Montrose is Mr. Neubauer's longtime personal attorney and recently represented him with such success at the inquest, he's extremely well versed in all the particulars. When you consider that Mr. Montrose's adversary will be me, a twenty-nine-year-old barely out of law school, it is, if anything, a mismatch in the defendant's favor.
"Acting as judge in this courtroom will be my grandfather, Macklin Reid Mullen," I said, setting off another round of outrage from Montrose. "The stenographer is Mary Stevenson, a court reporter in New York City municipal courts for thirty-seven years.
"Once again, I realize this is more than a little unusual. All I can say is, watch the trial. Give us a chance. Then make your own judgments. My grandfather came to this country from County Clare, Ireland. He has spent the past twenty-five years working as a paralegal, and he cares more about the law and justice than anyone I've ever come across, including my law professors.
"In any criminal trial, the judge is there not to determine guilt or innocence, but to rule on differences between the lawyers regarding evidence or procedure and to keep the process intact. In this case," I said, staring intently into the camera, "you will be the jury. Macklin is not here to issue a verdict, just to administer the proceedings. And he'll do a great job. That's all I have to say right now. Mr. Montrose will speak next."
Chapter 87
BILL MONTROSE WAS THE ONLY ONE of our guests not wearing handcuffs. He sat there, lost in thought. Then, like any good poker player, he turned to read my face.
I did everything I could to seem oblivious to the crucial importance of the next few seconds. If he was genuinely concerned about the welfare of his client, his course would be clear. But like many highly successful yet relatively anonymous attorneys, Montrose had reached a point in his life where he yearned for some fame and glory to stack beside his cash and real estate. I knew that much about him from my time at Nelson, Goodwin and Mickel. According to colleagues, he'd proclaimed himself a far better trial lawyer than Johnnie Cochran or Robert Shapiro. Bill Montrose had the largest ego of anyone I had ever met. I was counting on it.
I sucked in a breath as Montrose stood. He faced Molly's East Hampton Channel 70 camera. This was his big moment, too. He wasn't about to sit it out.
"Please don't misunderstand or misinterpret," he began. "Just because I'm standing in front of you for the moment doesn't mean that this proceeding has a shred of legitimacy. It doesn't.
"Make no mistake," he continued after a dramatic pause. "This is not a trial. This is not a courtroom. The elderly man behind me, no matter how spry and avuncular, is not a judge. This is a kangaroo court.
"You should know that justice has already been served in this case. Last summer an inquest was convened to look into the drowning of Peter Mullen. In a real courtroom presided over by a real judge — the Honorable Robert P. Lillian — my client was found to be blameless.
"During that inquest the court heard a witness who saw the deceased dive into a dangerous ocean at high tide, late at night.
"Not one but two medical examiners presented evidence to support their conviction that there had been no foul play. After weighing the testimony, Judge Lillian, in a decision available to anyone who wants to take the time to read it, concluded that Peter Mullen's death, however sad, was no one's fault but his own.
"Apparently, his family is unable to accept this. By taking this unfortunate action, Peter Mullen's brother and grandfather are turning an accident into a crime."
Once again, Montrose paused as if to gather his thoughts. I had to admit that the guy was very good. Maybe it was a mismatch. "Now they are asking you to watch. Please don't! Turn off the set, or turn the dial. Do it right now. Do it if you believe in justice. I trust that you do."
Montrose sat down, and I wondered if we would ever get him to speak again.
Macklin tapped his gavel on the plywood platform below his chair.
"This court," he said, "will recess for ninety minutes to allow the prosecution and defense to ready their cases. I suggest you both get busy."
Chapter 88
FOURTEEN MINUTES INTO THE RECESS, ABC interrupted its coverage of the L.A. Open from Riviera Country Club and cut to Peter Jennings in the Lincoln Center studio of World News Tonight. A bold breaking news was superimposed over the screen.
"ABC News has just learned," said Jennings with the most discreet warble in his deep voice, "that media billionaire Barry Neubauer, his wife, and at least three guests were abducted last night following a Memorial Day party at their Amagansett, Long Island, summer home. According to a transmission just broadcast live on East Hampton Channel Seventy, the abductors plan to try Neubauer for the murder of a twenty-one-year-old resident of Montauk. The trial, at an undisclosed location, is set to begin in less than an hour."
As Jennings continued in his clipped Canadian accent, a red square appeared in the upper-right-hand corner of the screen. It showed a simple outline of the end of Long Island and in bold red type, CRISIS IN THE HAMPTONS.
Within minutes, the anchors, or substitute anchors, for both CBS (THE SIEGE OF LONG ISLAND) and NBC (HOSTAGES IN THE HAMPTONS) had tightened their ties and joined the fray. Like Jennings, they would spend the next forty-five minutes authoritatively treading water as their reporters scrambled to catch up with the breaking story.
ABC's first remote was an interview with Sergeant Tommy Harrison in the parking lot behind the East Hampton police station. "Jack and Macklin Mullen," said Harrison, "are well-known, longtime residents of Montauk who seemed to have acted out of frustration about the outcome of an inquest into Peter Mullen's death last summer."
"Does either have a criminal record?" asked the reporter.
/> "You don't get it," said Harrison. "Except for one minor incident that Jack Mullen was involved in after his brother died, neither has ever been arrested. Not even a speeding ticket."
ABC then cut to the Justice Department in Washington for a live briefing that had just begun with a spokesman. ". . . of the hostages seized in Long Island last night. The five who have thus far been identified are Barry and Campion Neubauer, Tom and Stella Fitzharding, who own a home in Southampton, and William Montrose, a prominent New York attorney."
When the spokesman looked up from his notes, he was peppered with discordant queries: "Why were the hostages taken?" "Why can't you track the source of the broadcast?" "What do you know about the kidnappers?" He made just one more short statement, then brought the briefing to a close: "The abductors are employing a scrambling device that so far has prevented us from pin-pointing the source of the broadcast. To say any more at this point would be counter to our efforts to resolve this situation as quickly as possible."
Then ABC cut away again to the offices of Channel 70 in Wainscott. The twenty-four-year-old station manager, J. J. Hart, stood beside the station's lawyer, Joshua Epstein. Hart stated that he had no intention of complying with the government's gag order. "Our reporter, Molly Ferrer, has pulled off one of the great scoops in television journalism. We have no intention of not sharing it with the public."
"The injunction is blatantly unconstitutional," said Epstein. "Monday I'm going to have it thrown out of court. Unless something happened last night that no one's told me about, we still live in a democracy."
"To summarize what we know so far," said Jennings, "we have five hostages, maybe more. The grandfather and grandson kidnappers were apparently unhinged by the controversial death of a family member. And a most unusual murder trial is about to begin. We will have more soon, but right now we're going to pick up the feed from Channel Seventy in East Hampton, where the live broadcast of the murder trial is about to start."