Page 117 of The First Gentleman

CHAPTER 113

Rockingham County Courthouse, New Hampshire

E arly the next morning, long before the trial is scheduled to begin, opposing counsel are gathered in Judge Walter Dow’s chambers just behind his courtroom.

The former Patriots photographer’s photo is between Dow and Tess Hardy on a conference table.

Since leaving the attorney general’s office, Hugh Bastinelli hasn’t slept.

He rubs his eyes.

“Your Honor,” Hardy says, “this is inflammatory—a last-minute desperation play on the part of the prosecution. You can’t allow it.”

Dow is in his dress pants and shirtsleeves.

His black robe is hanging on a hook behind the closed door.

“Calm down, Ms. Hardy. I haven’t had my coffee yet.” He turns to Bastinelli.

“Could this have been Photoshopped?”

“The photographer can produce the digital file, Your Honor. I wouldn’t have brought it in if I didn’t think it was authentic.” He looks at Hardy.

“I’m not that stupid.”

“And the photographer checks out?” asks Dow.

“Craig Donovan?”

“We made some calls this morning, Your Honor. He’s no crackpot. He was on the Patriots organization payroll at the time the photo was taken. He retired on good terms. I’ve got two former executives so far who will vouch for him.”

“Your Honor, this man was not on the witness list,” Tess Hardy argues.

“Right,” says Bastinelli, “because we didn’t know he existed.”

“That’s not my problem,” says Hardy curtly.

“You didn’t do your job.”

Dow picks up the photo and studies it closely.

“Ms. Hardy has a point, Hugh. This could be highly prejudicial.”

Bastinelli feels his anger rising.

“Your Honor, the jury deserves to see this! It goes to Cole Wright’s state of mind and his pattern of prior aggressive behavior toward women.”

Dow turns to Hardy.

“Is your client aware of this photo?”

“How would I know, Your Honor? I’m seeing it myself for the first time.”

“Listen,” says Dow, putting down the photo.

“I’m going to grant you a twenty-four-hour continuance. But I agree with Mr. Bastinelli. If the picture’s for real, I’m inclined to allow it.”

The deputy attorney general feels like hugging the judge right there in his chambers.

But he keeps a poker face.

“The People appreciate it, Your Honor.”

“Don’t thank me yet.” Dow points first at Bastinelli and then at Hardy.

“I’m warning you both. If I see this picture show up anywhere in the papers, on TV, or online before I make my ruling, I’ll be inclined to change my mind.”