The Trial and Sentencing Part II
The following morning was as typical as other mornings; the courtroom was packed with reporters and journalists. Ramone was in front of reporters pontificating negative rhetoric about Jasper and the case. Cameramen were broadcasting the events live. There was a sketch artist drawing Jasper and the prosecutor.
Court Officer: All rise. Judge Hartford presiding.
Judge: Will the prosecutor call his next witness.
Prosecutor: I’d like to call Eva Henderson to the stand.
Laura’s best friend walked through the courtroom sternly looking straight ahead. Her navy blue two-piece pants suit and white oxford shirt made her appear uptight. She was sworn in.
Prosecutor: Please state your name and relationship to the defendant.
Eva: My name is Eva Henderson. The defendant’s deceased wife, Laura, and I were best friends.
Prosecutor: For how many years did you know Laura?
Eva: Laura and I were friends for about four years. We met right after they were married.
Prosecutor: Did you ever witness any violent behavior by the defendant toward his wife, Laura?
Eva: Not at first. But after a year or so, yes. Oh yes . . . yes, I have.
Prosecutor: Where?
Eva: At the Cunningham home.
Prosecutor: Please describe what you saw.
Eva: Well, there was one night in particular that Laura and I were in their family room planning one of our semiannual vacations about two years ago. (Eva smiled from the memory of Laura.) One of our goals was to visit every continent in the world in our lifetime. We couldn’t decide on a country, so we were studying several countries in a three-week Saturday class that was held at a nearby university. We were looking at travel information to South America. We were specifically joking about traveling to Rio during carnival time. Neither of us would have been interested in the crowds, but we were hypothesizing in jest.
The Year 2003
“We can join one of the bands in the parade and dance through the streets of Rio naked,” said Laura.
“No, better yet, let’s visit one of the brothels and work a few women and men for an orgasmic vacation,” Eva joked. Jasper overheard as he walked into the room. He had just arrived home from work late. Several client deals had fallen through that day, and he was upset and tense from the financial implications.
“What’s going on here?” he questioned.
“Hi, hun. We’re going over our notes from travel class to help decide on our next adventure,” Laura innocently replied.
Ignoring Laura’s reply, he asked, “Eva, what were you just saying to my wife?”
“We were clowning around about carnival in Rio,” Eva laughed.
“No, you were talking about sleeping with men and women and having orgasms.”
Eva and Laura realized Jasper was responding seriously and that he misinterpreted their cajoling.
“Hey, calm down, we were just joking around,” said Laura as she walked up, kissed him, and massaged his shoulders.
Jasper did not reciprocate the kiss and stopped her massaging. He faced Laura half-heartedly and asked, “Have you been messing around on me? Are you seeing someone else when I’m not home?” Jasper looked at Eva then back at Laura suspiciously. “I know you like sucking pussy. Is it yours, Eva?” he asked in a mistrustful manner.
“Jasper, you’re being paranoid!” Eva loudly proclaimed.
“Paranoid?” Jasper shouted. “Eva, get your lesbian ass out of my house now!” He grabbed her travel books and threw them across the room toward the front door. Eva did not move. Laura remained still and silent.
“What are you doing? What are you talking about?” asked Eva.
Jasper ignored Eva and addressed Laura who was sitting next to Eva. “I get out of this house every day to deal with the stresses of Wall Street, and you’re home planning how to cheat on me? How to fuck other women?”
Laura replied, “You’re overreacting, Jasper.”
“Overreacting?” Jasper slapped Laura in the face.
Eva jumped up and screamed, “I’m calling the police.”
“No, don’t,” cried Laura. Laura held her face in her hands and was in tears. “Eva, you better leave now.”
“Laura, he is hurting you. There is no reason for this abuse.”
“Eva, it’s not what you think,” she justified. “It’s just husband and wife stuff. Jasper had a hard day.”
“Husband and wife stuff? Hard day? Why are you rationalizing his behavior?” Eva looked deeply at Laura’s face and asked, “This is not unusual, is it?”
“Eva, just leave,” Laura said softly.
“Laura—” started Eva.
Jasper could no longer contain himself and shouted, “Would you get your books and get the fuck out of my house, dike!”
Eva sympathetically looked at Laura and, with despise, at Jasper and left.
Present Day: Return to the Trial of Jasper Cunningham
Prosecutor: Ms. Henderson, why didn’t you call the police?
Eva: Well, I walked outside to my car, and as soon as I got in, my cell phone rang. It was Laura pleading with me to stay silent as they had too much to lose . . . not to mention the embarrassment it would cause her family. So I remained silent. I heard Jasper in the background yelling at her to hang up the phone. I regret it now.
Prosecutor: Ms. Henderson, have you ever witnessed Mr. Cunningham’s infidelity?
Eva: Yes. After that episode, Laura was not “allowed” to travel with me anymore. Then the strangest coincidence occurred. I was on a vacation trip to Versailles with two girlfriends. We were having lunch at an outdoor French bistro on a Saturday afternoon. At first, I could not be sure, but from a distance, I thought I had seen Jasper strolling down Marguerite Place with a woman and a child. The woman had her arms around Jasper, and he was holding the hand of the child. She had kissed Jasper on the cheek as they walked. They strolled like lovers . . . like a family. It was awkward for me to attempt to run down the street and catch up to them, so I let it go. And quite frankly, I wasn’t sure just how he would respond to me. That evening, I called Laura who was in New York from my hotel room. She was excited to hear from me because she had just learned that she was pregnant, and she was home alone. She confirmed that Jasper was in France on business, but she could not locate him. At that point, I was totally convinced it was him who I saw that day. However, I left Versailles the following afternoon and did not run into him again.
Prosecutor: Were there any other events that you would like to share with the court?
Eva: Laura shared with me the times that Jasper had forced himself on her sexually while she was pregnant—
Jasper: Objection, Your Honor. Hearsay.
Judge: Sustained. The jury will disregard the witness’s last comment.
Prosecutor: Thank you, Ms. Henderson, no further questions.
Judge: Does the defense have any questions?
Jasper: Yes, Your Honor. Ms. Henderson, are you a lesbian?
Prosecutor: Objection, Your Honor, relevance?
Judge: Cunningham, where are you going with this line of questioning?
Jasper: I intend to show that the witness was having an affair with my wife and that her testimony was biased.
Judge: Get there quickly. Overruled.
Jasper: Ms. Henderson, are you a lesbian?
Eva: I don’t see what that has to do with how you abused Laura.
Judge: Please answer the question, Ms. Henderson.
Eva: Yes, I am.
Jasper: Did you have sexual feelings for my wife, Ms. Henderson?
Eva: Of course not. Do you have sexual feelings for every person you see that is of the sexual persuasion of YOUR choice?
Judge: Please, Ms. Henderson, just answer the questions so we can move along.
Jasper: Did you desire my wife sexually?
Eva: No.
Jasper: Did you oftentimes invite my wife to lesbian affairs at your home?
Eva: I don’t have lesbian affairs at my home. Laura attended many cocktail parties I hosted at my house for family and friends.
Jasper: Do you currently have, or even in the past four years, have you had a “significant other” relationship?
Eva: I’ve dated.
Jasper: Aren’t you contriving these stories about alleged abuse and sightings in Europe because you were jealous of the loving relationship I had with my wife?
Eva: No, Jasper, don’t flatter yourself.
Jasper: Weren’t you always trying to convince Laura to leave me and for her to go live with you?
Eva: Yes, because you abused her. I wanted her to know she had a place to stay where she would be safe and loved.
Jasper: Oh, yes, where she would be LOVED.
Eva: Not in a sexual—
Jasper: No further questions.
Judge: Does the prosecution want to reexamine?
Prosecutor: No, Your Honor.
Judge: Please call your next witness.
Prosecutor: The State calls Dr. Deepak Ramish to the stand.
Dr. Ramish was the obstetrician who delivered Magnus when Laura was rushed into the emergency room after the car accident. He was a young doctor under forty years of age with a youthful look. He wore a tan suit and walked confidently to the stand. He was sworn in.
Prosecutor: How long have you been practicing, Dr. Ramish?
Dr. Ramish: I’ve been an emergency room obstetrician/gynecologist for seven years. Before that, I did my residency for four years.
Prosecutor: About how many babies would you say you delivered in your career?
Dr. Ramish: Oh, nearly two thousand. I’ve delivered at a higher rate than most since I work in the emergency room.
Prosecutor: Were you the obstetrician on staff at St. Mary’s Hospital on the night Laura Cunningham was brought into the emergency room?
Dr. Ramish: Yes, I was.
Prosecutor: Did you deliver Laura Cunningham’s son named Magnus Cunningham?
Dr. Ramish: Yes, I did.
Prosecutor: Can you describe for the court the events leading up to the delivery of Magnus and ultimately the death of Laura Cunningham.
Dr. Ramish: When Ms. Cunningham was admitted, she had lost a tremendous amount of blood. Her blood pressure started to drop, and the cervical dilation ceased, so we were forced to perform a cesarean section. After the baby was born, she took a sharp turn for the worst. Mrs. Cunningham had fractured ribs from the car accident and a broken leg, but we had stabilized her enough so that the trauma would be manageable. It was surprising that she was unable to overcome the effect of the injuries.
Prosecutor: What are you saying, Doctor?
Dr. Ramish: Well, I questioned Mrs. Cunningham’s cause of death. She was an otherwise healthy woman. Once we delivered the baby, it was not medically likely that the injuries from the car accident would have killed her. So I ordered an autopsy.
Prosecutor: What did the autopsy reveal?
Dr. Ramish: The autopsy disclosed an unusually high amount of tranquilizers in Mrs. Cunningham’s bloodstream.
Prosecutor: Was it evident in the baby’s bloodstream?
Dr. Ramish: Only at very, very low levels indicating it had not yet begun to pass through the placenta. The extremely low levels in the baby’s bloodstream and the high levels in Ms. Cunningham’s body suggested Laura Cunningham ingested an overdose of tranquilizers right before the car accident. The autopsy results revealed that the high levels of tranquilizers, the administration of penicillin, and the spinal epidural to anesthetize her lower body to perform the cesarean section proved to be a fatal combination that caused her heart to give out.
Prosecutor: Was there any medical reason Ms. Cunningham would have had tranquilizers in her system?
Dr. Ramish: The doses in her system were extreme. Her medical physician and regular obstetrician could not explain. The bottle was a later found in her pocketbook. We learned the prescription was not for her but written out for Eva Henderson.
Prosecutor: (The prosecutor was surprised by this allegation.) Are you suggesting that Eva Henderson provided Laura Cunningham with tranquilizers? And that either Ms. Cunningham had intentionally ingested an unusually high dose of tranquilizers, or someone may have poisoned her?
Dr. Ramish: All of those are likely possibilities. But may I just make another comment?
Prosecutor: Please.
Dr. Ramish: When Ms. Cunningham passed away, there was a woman in the waiting room at the hospital claiming to be her sister.
Prosecutor: Dr. Ramish, the deceased did not have any sisters.
Dr. Ramish: Yes, I wasn’t aware at the time. I later learned the woman who claimed to be Mrs. Cunningham’s sister was Tracey Bodden.
Prosecutor Wynn was surprised by his testimony.
Prosecutor: Thank you. No further questions.
Judge: Does the defense have any questions?
It was the first time Jasper had heard this account. Could Laura have been suicidal? Why did Eva provide Laura with tranquilizers? Did Tracey somehow have any responsibility for the tranquilizers in Laura’s body at the hospital?
Jasper: Yes, Your Honor. Dr. Ramish, why didn’t the hospital test my wife’s bloodstream when she arrived to learn whether there were any drugs in her system?
Dr. Ramish: It is not standard procedure to do so when a patient in her traumatic condition is brought into the emergency room. Every second is vital. We could be testing for many things unnecessarily and, in the interim, losing precious time to save the life of the mother and baby.
Jasper: Well, this time you gambled and killed my wife.
Prosecution: Objection, Your Honor. Move to strike.
Judge: Sustained. The jury will disregard the last comment made by the defendant.
Jasper: Is it possible that Tracey Bodden gained access to my wife in the hospital and administered the tranquilizers?
Dr. Ramish: No, not at all possible. Ms. Cunningham was in our care 100 percent of the time.
Jasper: To be clear for the court, if the hospital had checked my wife’s blood levels, they would have detected the tranquilizers that Eva Henderson likely provided Laura, and she would be alive today. Correct?
Dr. Ramish: Mr. Cunningham, the hospital and the staff on duty, including myself, were absolved of any negligence by our internal review board. While we are very sorry for what happened to your wife, we did everything in our medical power to save her. The tranquilizers she ingested would have gone unknown had I not requested the autopsy.
Jasper: No further questions for the witness.
Judge: Recross, Prosecutor Wynn?
Prosecutor: No, Your Honor.
Judge: Call your next witness.
Prosecutor: (Prosecutor Wynn debated whether or not to recall Eva.) Your Honor, the State would like to take a three-hour recess.
Judge: Prosecutor, we just started today.
Prosecutor: In light of Dr. Ramish’s testimony, we need to follow up on the new allegations and resume later.
Judge: (Clearly irritated.) We’ll resume after lunch at two o’clock. (The judge banged his gavel.)
Frustrated from Dr. Ramish’s revelations, Prosecutor Wynn left the courtroom and headed to his office. He was puzzled why there were several meetings with Eva and Dr. Ramish prior to the trial; however, the tranquilizers were never mentioned. Wynn suspected Jasper may have influenced Dr. Ramish to falsify his testimony. It was the break the prosecution needed. He had three hours and needed to act quickly.
Prosecutor Wynn called a court officer to his office.
“Do not allow Dr. Ramish to leave the building. Grab him and bring him to the office next door until I contact you.”
To substantiate his theory further, Prosecutor Wynn called Eva Henderson on her cell phone and caught her as she was leaving the courthouse. Eva told Prosecutor Wynn that she was unable to return.
“You had better find the time right now to get up to my office before I have my detectives pick you up for your role in the death of Laura Cunningham,” said Prosecutor Wynn.
“You must be joking. I was only a friend to her.”
“I suggest you find your way to my office now.”
Fifteen minutes later, Eva arrived at Prosecutor Wynn’s office.
“What is this all about?”
“Have a seat, Ms. Henderson.”
“No need. I’d rather stand,” she replied.
“Have a goddamn seat right now, Ms. Henderson!”
“Hey, I don’t like your tone.” Eva sat at the conference table while Prosecutor Wynn paced his office. “I’ll ask you again, what is this about?”
“Why didn’t you tell me that you gave Laura Cunningham your prescription for tranquilizers?”
“I don’t know what you’re talking about.”
“Are you falsely suggesting that you do not have tranquilizers?”
“No, I have a prescription. But what does that have to do with Laura’s death?”
“She overdosed on your pills.”
“That’s impossible! She knew I had them . . . but I never gave it to her! Dear god, she must have taken them from my apartment. No surprise with all of the stress that Jasper was putting her under.”
“She was pregnant for God’s sake.”
“It wasn’t my fault.”
“Ms. Henderson, you sound foolish, and I know you’re a smart, educated woman. So I’m going to conclude that you must think I’m an idiot. You’ve already made me look like an idiot before the court today by not telling me about your drug pushing.”
“Wait a minute. You’re going too far with this. I had no idea.”
“What the hell did you do to my case? I should have you arrested right now!”
Prosecutor Wynn paced the office. Eva appeared worried.
“Do I need to call an attorney?”
“At this time, no. But make sure you don’t go anywhere. And I mean anywhere!”
Eva left Prosecutor Wynn’s office shaken. However, he believed Eva, and therefore, Dr. Ramish’s testimony was sound. He called the court officer and told him to release Dr. Ramish.
Prosecutor Wynn was back to square one. He had to pursue the other charges against Jasper more aggressively. He quickly made a call and had detectives pick up his surprise witness. They brought the witness to Prosecutor Wynn’s office and he held a one hour debriefing to prepare his witness to take the stand.
It was now two o’clock, and the court reconvened.
Judge: Prosecutor Wynn, please call your next witness.
Prosecutor: If it pleases the court, Your Honor . . . there has been a change in my witnesses. The State calls Antonio Ignacio to the stand.
Jasper was about to object due to the lack of advanced notice. But he realized this was an opportunity to take a tremendous turn in the outcome of his case. Judge Hartford looked at Jasper expecting he would object, but Jasper remained silent.
Judge: Very well.
Antonio Ignacio entered the courtroom exceptionally somber. His stern demeanor revealed that he was subpoenaed to testify. Dressed in a $5,000 dark gray suit, white shirt with a pink-and-gray tie, he confidently took the witness stand, was sworn in, sat down, and calmly crossed his legs.
Prosecutor: Can you state your full name for the court.
Antonio: Antonio Alonzo Ignacio.
Prosecutor: Mr. Ignacio, please tell the court . . . in what capacity do you know the defendant?
Antonio: Jasper and I first met about fifteen years ago. We worked on Wall Street early in our careers. We pitched deals and closed major merger transactions. (Antonio reminisced and smiled in a pompous manner.) We made a lot of money for those corporate executive hustlers.
Prosecutor: And did you continue your contact with Jasper over the years?
Antonio: No. I went to work for my father, God rest his soul. (He made the sign of the cross on his body with his right hand.)
Prosecutor: I’m sorry for your loss. What is the name of your father’s company?
Antonio: Ignacio Industry.
Prosecutor: Where is the company located?
Antonio: Outside of Grand Rapids, Michigan.
Prosecutor: What type of business was this?
Antonio: Steel and iron works, primarily.
Prosecutor: When did you reunite with the defendant?
Antonio: He called me about three years ago trying to solicit business. (Antonio lied.) He said he had studied the growth potential of my firm and thought he could provide some fresh business perspectives on ways we could raise cash and grow. I figured I’d help him out.
Prosecutor: Please continue.
Antonio: So I invited him out to my home. Jasper is a shrewd businessman. He came up with acquisition strategies and a stock issuance plan that I hadn’t even fathomed. So after we reviewed his investment proposals, we proceeded with the deals. We settled the business contract even though at the time I needed to focus on the fact that my father was just found murdered. I wanted to help Jasper out. He seemed pretty desperate.
Prosecutor: Did your company make a profit from the defendant’s work?
Antonio: At first. Sure. Yeah. It was a huge profit to the company. But the stock market eventually went against us, and the company folded. Thank God my father didn’t live to see that day. We blame Cunningham for the collapse. He overinflated the value of the companies we bought every step of the way. He and his partners were as unethical as you could imagine. They stole millions from our business.
Prosecutor: Your Honor, the court would like to submit exhibits I through K. They represent copies of three bank accounts of Ignacio Industries faxed over to our offices a half an hour ago.
Judge: Evidence admitted.
Prosecutor: (Prosecutor Wynn handed the bank statements over to Antonio and a copy to Jasper.) Mr. Ignacio, can you read to the court the amounts from these bank account transfers for each of these transactions.
Antonio: I don’t need to read them. I know each by heart. These are transactions representing Cunningham’s theft. On April 13th, $20 million. On April 26th, $27 million. On May 6th, $42 million. It was a total of $89 million stolen by Cunningham.
Prosecutor: Once your firm discovered the suspicious cash movement, how did you begin to investigate?
Antonio: There were fund transfers made on three separate occasions to intraday holding accounts which were automatically swept nightly to an account in the name of Annette Johnson. We later found out this was the name of the defendant’s mother who had been dead for over ten years. The account was closed after the three transactions cleared and the money withdrawn. There was no way to trace the current location of the funds.
Prosecutor: Thank you, Mr. Ignacio. No further questions.
Antonio could not mention the $600 million that Jasper embezzled from the illegal deals. The large sums of money could not be legally substantiated.
Judge: Defense?
Jasper: (He stood up and shouted in an alarming voice from the attorney’s chair.) Did you, Mr. Ignacio, kill your father in cold blood?
Antonio: (He was taken aback by Jasper’s bold and arrogant statement.) I couldn’t be more disgusted by your accusation! Of course I had nothing to do with the death of my father! (Antonio was infuriated. He wanted to end Jasper’s life right at that moment.)
Jasper: Are you and your family associated with the Colombian drug running business?
Antonio: You son of a bitch!
Judge: (The judge banged his gavel.) Please refrain from the editorials and answer the question.
Antonio: (He calmed down.) No, we certainly are not. Let me make it clear right now. I don’t know anything about or have any affiliation with illegal activities.
Jasper: Then can you tell the court how are you currently earning a living since your family’s business went bankrupt? You own a multimillion-dollar mansion in Michigan, don’t you?
Antonio: I established a jewelry business.
Jasper: That’s an odd transition, Mr. Ignacio?
Antonio: Not really. (He sarcastically addressed Jasper.) Gold and silver are on the periodic table of elements alongside iron and nickel. They’re just worth more.
Some members of the courtroom chuckled.
Jasper: But you’re not only dealing with gold and silver, are you?
Antonio: Well, of course not. We also sell diamonds.
Prosecutor: Objection, Your Honor. This line of questioning has no relevance to this case. This witness has testified as to the theft conducted by Mr. Cunningham, which is completely unrelated to Mr. Ignacio’s current business affairs.
Jasper: Your Honor, the witness’s line of work is precisely why I believe there is this ridiculous evidence of misappropriated money.
Judge: I’ll let it continue. Overruled.
Jasper: Mr. Ignacio, please tell the court . . . who are your diamond suppliers and distributors?
Antonio: I can’t disclose that information. My business contacts are silent partners, and the new company is not publicly held.
Jasper paused as he treaded carefully with his line of questioning. Jasper knew he had nothing to lose by being direct because he had already crossed the demarcation line and that Antonio wanted him dead. Jasper reflected back on when he met Antonio’s diamond suppliers.
September 2003, Nine Months before Jasper’s Arrest
Jasper sat in a Botswanan restaurant on the upper east side of New York in a private dining room with Thapelo Jobe. Jobe sat in a huge dark walnut leather chair at the head of the dining table that sat eight people, but only Jasper and two of Jobe’s “counselors” were eating in the room. Every so often, a waitress would enter with various small portions of Botswanan foods and dark rum for the men. Jobe smoked a huge cigar while he ate his meal. Jasper viewed his behavior as crude and evident of the disregard Jobe had for him, a nonsmoker. But Jasper was not there to make Jobe’s acquaintance or evaluate his manners.
Jobe was six feet five inches with a dark complexion and bald head. His eyes were watery, and the whites were deep yellow. Jobe had seen significant human atrocities, crime, and struggle in his life as a child during the Angolan revolutionary resistance where he was born. His father was a rebel leader, and his family was exiled to Botswana when he was a teenager. Jobe had a strong Botswanan accent, and oftentimes, Jasper found it difficult to understand precisely what Jobe had said, but Jasper was reluctant to ask Jobe to repeat himself to avoid being disrespectful.
Jobe’s upbringing as a child was militant. His teachings, largely by his father, had several themes: dominate the people, eradicate Europeans, and use violence to achieve these goals. His views as an adult continued to surround those precepts contrary to his education at London’s Oxford University School of Political Science. His father envisioned Jobe returning to Angola in the future to become prime minister and carry out his father’s objectives. But Jobe was overcome by money and greed. He rationalized his diamond smuggling as a means to raise the necessary capital to fund his future political endeavors. Although financial resources were more than sufficient to enable his return to Angola, Jobe continued to grow his diamond smuggling connections and broaden his personal wealth.
“Why are you doing business with that crook Ignacio?” Jobe questioned.
Jasper replied, “I don’t judge his affairs. Antonio provides opportunities for me to expand my business.”
“Ignacio is a Colombian white man with an Italian name. How can you even trust that mixed-up fool? We supplied his kind for years with diamonds from our African mines because his color was more accepted across the globe. My people were shut out of negotiations simply because we are black Africans. But times have now changed, my brother. Those bloodsucking Europeans are no longer needed. We control our inventory now. We can handle distribution on our own.”
“Mr. Jobe, I am not a diamond distributor. I work for Antonio in the capacity of accounting advisor and business consultant. I am a legitimate businessman.”
“Ha, ha,” Jobe laughed out loud. “Legitimate?” he very deliberately remarked in his heavy accent. “What nonsense do you speak of? There is nothing legitimate about the company you keep.” He puffed on his cigar. “If you were legitimate, you would not be here in my presence today! If Ignacio was legitimate, he wouldn’t be as wealthy as he is. We are all businessmen. We have our own laws . . . our own rules . . . our own realm of legitimacy.”
As the conversation progressed, Jasper became increasingly uncomfortable around Jobe and wanted to know why Jobe requested the meeting.
“Mr. Jobe, I am enjoying your native food, but surely we are here to discuss more than the appropriateness of Ignacio’s affairs.”
Ignoring Jasper’s comment, Jobe bitterly remarked, “White men have come to my country, and they used my people to mine land that is my people’s God-given right. Then we were cheated into turning over the diamonds, our wealth, to Europeans and their descendants to become rich on our backs . . . with our sweat . . . with our blood. Vultures like Antonio represent those who we must rightfully take back what is due to us, to our people . . . to our ancestors.”
“No disrespect, Mr. Jobe,” Jasper began, “but your country is not poor. Your people enjoy a gross national product per capita in Botswana that is seven times higher than the average for sub-Saharan Africa.” Jasper was proud of the research he had done in preparation for his mysterious meeting.
Jobe looked at his counselor to his right and spoke directly to him, “You see how this black man has been brainwashed. First he says ‘your people’ as though he is not a black man just the same. Then he thinks $3,600 per capita is money to applaud in the global economy.”
Recognizing Jobe’s anger, Jasper is apologetic, “You’re right, I am not looking at the global picture. Forgive me.”
“Enough of this talk,” said Jobe. “Here are my propositions to you. Proposition 1. You work for Ignacio, and you continue to be enslaved in his entourage of Colombians—pseudo white men—waiting to shoot you in the temple. Proposition 2. Partner with me . . . your people who you could trust and further your quest for wealth and power. I have much more to offer you, and it sparkles.” Jobe laughed again and puffed his cigar. “Ignacio does not know what he wants! They are drug-dealing pushers trying to take over diamond affairs they know nothing about. He is using you, my brother. Ignacio is only a middleman, and his usefulness short-lived. I have established connections with the major brokers across the U.S., internationally for that matter.” Jobe laughed again. He banged his hand on the table and puffed his cigar. “What will it be, Jasper Cunningham?”
Jasper was totally confused. Jobe had invited him to this business dinner without any context. Jasper had not even known Jobe was connected to Antonio. Could it be a setup by Antonio? Did Jobe want to use Jasper to infiltrate Antonio’s operations? Jasper’s entire world had become criminally entangled with drug trafficking, murder, and now diamond smuggling. Who is this constantly laughing buffoon before him? Jasper looked at the two men beside Jobe. Was there really a proposition? Jasper thought he would be killed if he left the restaurant without satisfying Jobe’s intent to bring down Antonio.
Jasper raised his glass and asserted in a low loosely confident voice, “We are in business, Jobe.”
With a grin on his face, Jobe raised his glass and sternly said, “The white man has stolen diamond profits from our people for years. Let us, you and I, brothers, begin to regain what is rightfully ours.”
Present Day: Trial
Jasper: Mr. Ignacio, were you connected to the Botswanan diamond smuggler Thapelo Jobe?
Antonio: Who? Othello who?
There is laughter in the courtroom.
Jasper: Do you have any affiliation with Thapelo Jobe, the renowned diamond smuggler?
Antonio: Never heard of him.
The Year 2004, One Month before Jasper’s Arrest
Jasper sat amongst Antonio, Jobe, and their bodyguards at a neutrally located warehouse in Scranton, Pennsylvania. It was six months after Jasper first met Jobe and two weeks after the three transactions where Jobe and Jasper diverted a total of $89 million from Antonio to an unknown account. Antonio was not yet aware that the $89 million had been stolen. Antonio also was unaware that Jasper knew Jobe, and the two men behaved as though they did not know each other.
“You’re not bringing diamonds my way anymore, Jobe,” said Antonio.
Jobe facetiously behaved as though he was unaware of Antonio’s claims. “What do you mean? Mining in my country has slowed down.”
“Don’t play fucking stupid with me. I know damn well diamonds are still flowing. My contacts told me supply is surfacing on the West Coast.”
Jobe is visibly insulted. “Look, don’t start to question things you really don’t understand. Don’t disrespect me.”
“Then don’t disrespect me! All right, get serious here. I need at least one hundred clean-cut diamonds . . . minimum three carats each. And I need them to sell next month,” Antonio said.
“I am always serious. We have changed our strategies. We no longer need you to navigate our sales,” said Jobe.
“What the fuck are you saying?” asked Antonio.
“We are not here to negotiate future sales. As I said before, the pipeline is done.”
Antonio was silent and stared at Jobe.
“You are nothing but a crook who stole from us for years,” said Jobe. “It ends now.”
“Stole from you? Who the fuck are you to talk to me like that?” asked Antonio.
“Who the fuck am I?” Jobe asked rhetorically. “I made you rich. And now I am your former supplier,” Jobe said calmly.
“So that’s it? You just walk away?” asked Antonio.
“No, as a matter of fact, I don’t just walk away. You owe me.”
“Now you have fucking lost your damn mind.”
Jasper observed Antonio’s expression. Antonio was intensely angered. Jasper recalled Antonio’s face resembled the moment before he shot his father in the head.
“You have cheated me 20 percent of the price of the inventory for the past two years. That means you owe me $300 million. I want my money.”
Antonio rose and walked around. The men accompanying Antonio and Jobe were prepared to exchange fire. “I gave your non-English-speaking ass a chance to do great fucking things for yourself in this country. You don’t even have a CLUE of what it takes to push those fucking diamonds I bought from you! I’M risking it all! If something happened to you, you’ll get deported back to some godforsaken country in goddamn nowhere. Do you fucking know what would happen to me? I would rot in a fucking prison for the rest of my life. I TOOK ON ALL OF THE FUCKING RISK. I OWE YOU NOTHING! GET THE FUCK OUT OF MY SIGHT!”
“You will regret this. You don’t know what you will be up against!”
“Are you threatening me, you bush bastard?”
All of the bodyguards drew their guns at one another.
Antonio looked at the weapons aimed at every man in the room including at him and Jobe. The end result would only be bloodshed.
“No, men. This is not worth the bullets. Jobe, I will give you the money in two weeks.”
“Make it one week,” Jobe responded.
Antonio was infuriated. How dare Jobe test him in front of his men? However, he recognized it was a lose-lose situation at that moment.
“One week it is,” Antonio retreated. Jobe grinned as everyone put away their guns.
Antonio walked off, and his men followed. Jobe and his bodyguards were right behind. All of the men left the loft and entered their respective cars. Jobe entered the backseat of his car and lit a cigar. As Jobe puffed on his cigar, the driver of his car turned around and shot Jobe point-blank in his right eye.
Antonio and Jasper sat in an adjacent car and watched the murder. Their car sped away.
Antonio shirked it off and remarked, “Jasper, just remember, I am ALWAYS prepared, and I always take action. This is not a game or pastime. This is a match . . . a deadly challenge. I accept it. And I always prevail!”
Present Day: Trial
Jasper: Your Honor, I am prepared to testify that this man, Antonio Ignacio, shot and killed his father in their home and had the body discarded. I am prepared to testify, Your Honor, that this man, Antonio Ignacio, conducted illegitimate business in many arenas including diamond smuggling, drug trafficking, forgery, racketeering, and embezzlement. I am prepared, Your Honor to testify that this man had Thapelo Jobe killed in Scranton, Pennsylvania, outside of an abandoned warehouse. I am further prepared, Your Honor, to testify that I learned of these events in his confidence, and fearful of my life, I could not previously divulge. This drug-dealing son of a bitch ruined my life!
The courtroom is in an uproar. The reporters frantically snapped pictures and wrote in their journals.
Judge: Order! Order in the court! (He banged his gavel.)
Antonio: (He jumped out his seat and pointed at Jasper, forgetting he was in a court of law.) You’re fucking crazy . . . you’re a dead man!
Jasper: Your Honor, for the record, this man is threatening my life!
Jasper hoped the court officers would take Antonio away based on Jasper’s assertions. But they did not. Neither Judge Hartford nor Prosecutor Wynn responded. Jasper had no idea how deeply connected Antonio was with the justice being served. Both Judge Hartford and Prosecutor Wynn were on Antonio’s payroll all along.
Antonio looked at Jasper and shook his head up and down. Jasper knew he would be killed.
Judge: Does the prosecution have any further witnesses?
Prosecutor: The State rests.
Judge: Would the witness please step down.
Judge: Do you have any witnesses in your defense, Jasper Cunningham?
Jasper: No, your honor.
Judge: Then we will break for today and have closing statements tomorrow at 9:30 am.
Court Officer: All rise.
Jasper: (As the courtroom started to clear and people began to chatter, Jasper shouted.) Your Honor, I request that I am placed in protective custody in light of the events that occurred today!
Judge: Request denied. There is no proof that you will be in any harm, Mr. Cunningham. You’ve maxed out your special privileges.
Outside the courtroom, reporters cornered and questioned Antonio about the accusations.
Reporter: Mr. Ignacio, what do you know about the death of your father? Were you in business with Thapelo Jobe? (Antonio pushed his way through the crowd without answering.)
The following morning, there were dozens more reporters at the trial. Ramone once again was standing outside of the courtroom providing his views. Jasper saw Ramone and thought, Who does Ramone think he is, public advocate? Why does he care so much about me and my trial? Jasper noticed Laura’s parents were not in the courtroom.
Court Officer: Quiet in the court. All rise. The Honorable Judge Hartford is presiding.
Judge: Will the defendant Jasper Cunningham present closing arguments to the jury.
Jasper began, “Ladies and gentlemen, in very short order, you will retire to the jury room to decide whether or not the prosecution’s evidence was sufficient to remove any reasonable doubt about whether I did what they claim.
“Before you do, I want you to imagine what it’s like being charged with a serious crime that you didn’t commit. You are dragged out and arrested at your place of business by authorities who are crooked. Thereafter, you are placed in a filthy jail cell, unable to speak with anyone for hours. Your spouse is killed, your business partners are murdered, your attorney is setting you up, and people who you trusted turned out to be scavengers, users, and corrupt liars who help to frame you in order to save their own hide. And to top it all off, you are now faced to defend yourself against the prosecution’s evidence, or lack thereof. This, ladies and gentlemen of the jury, is what I have faced for the past eleven months. Amongst this travesty, ask yourself, wasn’t there reasonable doubt revealed during this farce of a trial?
“Let’s start with Tracey Bodden’s testimony, my investment banker who had access to all of my financial affairs. She was in possession of an offshore bank account with millions of dollars and attempted to frame me. In the midst of mobsters, Tracey was outside her league and claimed she was brutalized for it. I’ll admit, yes, Ms. Bodden offered herself to me from time to time, and I compensated her for it every night. And yes, as a happily married man, I should not have indulged. But you are not here to decide on my infidelity. Furthermore, that does not mean I conspired to murder my wife. SHE wanted my loving pregnant wife, who was carrying my firstborn son, dead. Through her own testimony, she admitted as much.
“Then there was Solae Ngane-Santos. You saw how she arrived in court, dressed more sugary than a candy cane. She solicited $100,000 from me and planned to extort more money from me to deceive the FBI. When confronted, she claimed assault. She was playing both sides of the fence. Ladies and gentlemen of the jury, those tapes were all intentionally created to sidetrack the authorities. Am I guilty for playing her charade? Yes. But please be certain none of those remarks were real.
“Speaking of the tapes, there’s the now-deceased FBI Agent Lawson. While it is upsetting that FBI Agent Lawson was murdered, he was a rotten apple in the law enforcement barrel. Half of what he said was lies, and the other half wasn’t true.” One of the jurors chuckled and smiled. “He was murdered after I exposed in this courtroom his attempts to extort money from me and identified his connections to the underworld. To Antonio Ignacio.
“This brings me to the last testimony. This justice system needs to take a closer look at Antonio Ignacio. The prosecution is barking up the wrong tree. If it looks like a drug dealer, smells like a murderer, and acts like a mobster, undoubtedly it is Antonio Ignacio. Do you get the feeling that if you opened his head, dead bodies, embezzled money, and smuggled diamonds would become visible? My crime . . . my only crime was being legally engaged to transact business with him.
“The prosecution may suggest to you that it is odd that I did not take the witness stand. Under the law, I do not have to do so. Judge Hartford will explain to you that I do not have to present any evidence. The entire burden of proof rests solely with the prosecutors, not with me. The prosecution took me from my home . . . my business . . . to try me in this court. My question to you is, Do you have a reasonable doubt as to whether or not I am guilty of these various crimes the prosecution has alleged? If you are only 90 percent sure of guilt, then you have a 10 percent doubt, which is a reasonable doubt. I say this to each one of you individually. In the event you believe there is at least one reasonable doubt that I might be wrongly accused, find me not guilty on that charge and end this nightmare I have faced. Allow me to go home and mourn the death of my wife and raise my newborn son. Thank you.”
Judge: Prosecutor Wynn, please present your closing arguments to the jury.
Prosecutor Wynn paced in front of the jurors for about thirty seconds before he began to speak. “Allow me to summarize the facts and let the evidence show Jasper Cunningham is guilty of conspiracy to murder Laura Cunningham, fourteen counts of embezzlement, twenty-four counts of intentional fraud and deception of investors, and seven counts of money laundering. Fact 1: We have thirty-three days of taped conversations of Jasper Cunningham transacting embezzlements and fraudulent customer transactions. A twenty-year FBI veteran testified these tapes were actual conversations. Fact 2: Jasper Cunningham was an adulterer who conspired to murder his wife with his lover of two years. Fact 3: Testimony evidenced that his wife was abused and likely attempted to commit suicide by ingesting tranquilizers when she overheard her husband’s plan to murder her. Fact 4: Jasper Cunningham, through his own remarks in court, conducted business with embezzlers and murderers, yet he chose to remain silent and maintained an ongoing relationship with the same man he thinks is a criminal. Jasper was caught with his entire FIST in the cookie jar. All he had to do was drop the cookie, sever his relationship with the Ignacio family. But he did not. Why? Not because he was under duress, but because that cookie was scrumptious. Jasper Cunningham is a greedy, thieving criminal who savored the treats his activities reaped. There is no other verdict to conclude except guilty on all counts. Thank you.”
Judge: Ladies and gentlemen of the jury, at this point in the trial, I am required to inform you of the law governing the case against Jasper Anson Cunningham. You, as jurors, are to decide the facts. But in determining what actually happened in this case—that is, in reaching your decision as to the facts—it is your sworn duty to follow the law that I am now defining for you. Nothing said or done by the lawyers who have tried this case is to be considered by you as evidence of any fact. I caution you, members of the jury, that you are here to determine the guilt or innocence of Jasper Anson Cunningham from the evidence in this case. The defendant is not on trial for any act or conduct or offense not alleged in the indictment. Also, the punishment provided by law for the offense charged in the indictment is a matter exclusively within the province of me as judge and should never be considered by the jury or be discussed in any way in arriving at an impartial verdict as to the guilt or innocence of the accused Jasper Anson Cunningham. Finally, the law requires that all twelve jurors must agree before a verdict of either “guilty” or “not guilty” can be reached on each of the counts.
Judge Hartford banged his gavel, and the jurors exited to the deliberation room. The jury deliberated for six days before finally sending a note stating they had reached verdicts on all of the charges. All relevant parties were summoned to the courtroom which was overflowing with reporters and interested onlookers.
Judge: Jury Foreman, have you and your fellow jurors reached a verdict?
Jury Foreman: Yes, we have, Your Honor.
Judge: Please read you verdicts.
Jury Foreman: On the fourteen counts of embezzlement, we find Jasper Anson Cunningham not guilty. On the twenty-four counts of intentional fraud and deception of investors, we find the defendant Jasper Anson Cunningham not guilty. On the seven counts of money laundering, we find the defendant Jasper Anson Cunningham not guilty. And finally, on the count of conspiracy to murder Laura Cunningham, we find the defendant Jasper Anson Cunningham not guilty.
There is uproar in the courtroom. Judge Hartford banged his gavel. Prosecutor Wynn held his head in shock.
Judge: (The judge was disappointed.) Quiet down. Silence in the courtroom. Jasper Cunningham, you are hereby free to go.
Reporters raced over to interview Jasper and took pictures of Jasper as he poised himself to provide remarks.
Jasper: My only comments are as follows: I have wasted nearly a year of my life as the result of an overly zealous prosecutor and a vindictive corrupt legal system. They wanted to bring me down, but they have not. I would like to proceed with my life, raise my son, who has spent his first year of life without his mother and father, and put this horrific trial behind me.
Reporters: What about the accusations you made about Antonio Ignacio during the trial? Did you witness the murder of his father and others? What can you tell us?
Jasper: I will leave that to your justice system to determine whether or not to issue indictments. No further comments.