CHAPTER 38

Every prosecution case has a big star, the witness who can tie all the evidence together and place the final piece in the puzzle. Clarence Berkley was that witness. He was the man to complete the picture, tying everything into a neat bundle and confirming all the information laid out previously. He appeared respectable, trustworthy, and intelligent. None of it was true, but appearances matter. The jury members would believe every word that rolled off his tongue. He was almost the perfect witness. Almost.

On Thursday morning, the courtroom felt empty and soulless.

Judge Clayton had ordered that Berkley testify behind closed doors, away from further threats. Judge Clayton began the day by taking twenty-five minutes to explain to the jury that the attack on Berkley had nothing to do with the case. It was a personal vendetta and had nothing to do with Palin. The assailant had been arrested and charged, and he would look at a long stretch in prison, Judge Clayton said. He asked the jury several questions about their understanding, and when he was satisfied, he called for the case to continue.

Garrett called Berkley to the stand. Sitting in the front row of the empty gallery, Berkley stood.

The bruising was evident on the side of his face. His cheek was purple, his eye was red and slightly swollen, and he limped as he walked to the stand. He swore his oath and sat in the witness box with his bruising clear for the jury to see.

“Please state your name and occupation for the court.”

Garrett began.

“My name is Judge Clarence Berkley. I’ve spent most of my career as a judge in Charleston County; however, I retired several years ago. I served this county, and this court, with respect. I’m very proud of my career and to have been of such service to the people of Charleston County.”

“And how do you know the defendant?”

“Mr. Palin used to be my accountant for many years. He stopped being my accountant several years ago; however, since that time, we’ve remained associates.”

“And are you still employed now?”

“No. My wife was diagnosed with dementia, and I’ve been her caregiver for several years. We have nurses who help during the day, but much of that responsibility falls to me.”

“And how are you involved in this case?”

“I provided the first tip-off to the police.”

“And did you have anything to gain by providing that tip-off to the police?”

“No.”

“How did you come across the information?”

“Mr. Palin approached me with several legal inquiries. He wanted advice from me, because of my many years in the justice system. We met in a bar off King Street, however, Mr. Palin requested we use a private booth to discuss the matters. When he did that, I knew it would be a serious chat.”

“And what did he ask you?”

“He asked me the best way to take embezzled money from a business account to a private one. He explained he would transfer the money to himself and retire to Costa Rica. He said it was enough money to retire with.”

“His intention was to retire, and—”

“Objection,”

Hennessy called out. “Hearsay.”

“Sustained,”

Judge Clayton stated. “Please move on, Mr. Garrett.”

Garrett nodded his response and then continued. “Did he send you any emails about moving to Costa Rica?”

“Objection. Leading the witness.”

“Sustained.”

Garrett took a moment to consider his statement. “How did Mr. Garrett tell you he was moving to Costa Rica?”

“Via email,”

Berkley stated firmly.

“And are these the emails here?”

Garrett handed two sheets of paper to the bailiff, who passed it to the witness and another copy to the judge.

“That’s correct.”

“In these emails, Mr. Palin talks about retiring to a Costa Rica waterfront property and asks you to assist him in buying it. Did you help him?”

“No. I told him that the people I know usually deal with cash only, and I said I didn’t think he had the cash. When we met for drinks, he showed me his bank statement to show he had the money in cash.”

“And is this the bank statement he showed you?”

Garrett introduced the bank statement as evidence.

“It is. It shows that he had more than a million dollars in that account.”

“And can you please read the account number on the bank statement?”

Berkley read out the account number, and when Garrett stated it was the same account number where the funds were being transferred from the Wolfgang Berger Foundation, one jury member gasped. The connection between the bank accounts wasn’t a surprise. Either the woman hadn’t been paying attention to the entire case or she was easily shocked. Looking at her, Hennessy wasn’t sure which it was.

“Were you aware that Mr. Palin was transferring money from the Wolfgang Berger Foundation—”

“Objection,”

Hennessy stated. “The question assumes facts not in evidence. There’s no evidence that Mr. Palin made the transfer into that account.”

“Sustained,”

Judge Clayton stated.

“Let me rephrase,”

Garrett tapped his hand on the file before him. “Were you aware that the money transferred into that bank account came from the Wolfgang Berger Foundation?”

“Yes, that’s what Mr. Palin told me.”

“And were you aware that someone within Palin Accounting made that transfer?”

“Yes. Again, that’s what Mr. Palin told me.”

“And were you aware that the million dollars in that account was fraudulently gained?”

“Yes. Mr. Palin informed me that the money had come from a charity foundation. When I told him that was terrible behavior, he informed me that he’d been doing it for years, and nobody in the Foundation said anything. They weren’t missing the money.”

“What did you say to that?”

“I told him it was terrible behavior.”

“How did he respond to that?”

“He didn’t like it. He said he never withdrew the money from the account so if he was caught, he could claim it was an accounting mistake. He also said that after nobody discovered the transfer in the first year, he kept doing it. Now he was ready to move away and take the money out. I made it clear it was illegal.”

“What did you do after that?”

“I told Mr. Palin I wanted nothing more to do with him and took the bank statement. I sat with the information for another day before I decided to talk with law enforcement. I couldn’t live with myself if I allowed him to steal all that money from those children.”

“Thank you, Judge Berkley. No further questions.”

Hennessy stood to begin his cross-examination. It was his turn to tear Berkley apart.