Pinky reveals a note on the screen reiterating that Kiril made no money, while Stern, accompanied by the solid thump of his cane, again moves toward the jurors, pleased that he seems to have their attention. They are the face of America, all colors, half from the suburbs, seven from Kindle County, their ages ranging from lively-looking Mrs. Murtaugh, a widow of eighty-two, to Don Something, a hip young guy with a ponytail who wants to teach high school. He is already keeping a close eye on Pinky, whom people her age seem to regard as attractive, despite what her grandfather sees as bizarre affectations like the Day-Glo tattoos frescoed on her arms or the nail through her nose.
“But didn’t Mr. Appleton say that Dr. Pafko was charged with securities fraud for insider trading, that he sold PT stock right after he received the first call from that Wall Street Journal reporter? Yes. But I am not sure you would understand from Mr. Appleton’s summary that the stock that was sold was in trust for Dr. Pafko’s grandchildren.” Stern utters that word triumphantly, even though he is well aware that under the insider trading laws, the fact that Kiril’s grandchildren profited, rather than Kiril himself, is inconsequential. The jurors will not learn that for weeks, until Judge Klonsky gives them instructions on the law, and at the moment, Marta and Stern are unsure what else they can offer in defense of these charges.
“Now the point I have just illustrated—that the evidence will show another side to things—is something you must bear in mind throughout. While the government is trying to prove its case, it will decide on the witnesses and ask those persons questions first. Then Marta and I get to ask questions, a process referred to as ‘cross-examination.’ Please, in all instances, be sure to await our inquiries before attempting to form impressions. It will often turn out that some, even much, of the testimony of a witness called by the government actually favors the defense.
“Second, in every case, just as if these witnesses were salespeople who knocked on your door at home, you must ask yourself if this person has something to gain by what they are saying. For instance, at least two of them, both former colleagues of Dr. Pafko’s at PT, have been promised by the government that they will not be prosecuted for their role in the events they are testifying about. You will learn that it is the government, and the government alone—not the judge, not you, not me—that has the power to decide whether a person is charged with a crime. Thus, the proof will show quite plainly that these former colleagues of Dr. Pafko’s understand their testimony must satisfy the prosecutors.
“Oddly, even though these two executives from PT refused to testify without the government promising not to charge them, both will tell you that so far as they are concerned, they did nothing wrong. Kiril, of course, agrees. He, too, believes that no crime was committed in this case, no intentional fraud, not by him or anyone else, particularly because, as you will see, one of these two nonprosecution witnesses is Kiril’s and Donatella’s older child, their son, Lep.
“Lep is an MD and PhD like his father, as well as the medical director at PT. Now, it is a very strange, very difficult situation when a son testifies against his father. The evidence will show you, however, that Lep loves his father and his father loves Lep. Both understand that this is a circumstance the government has forced upon them.”
“Objection,” says Moses for the first time from his seat.
Sonny reflects a second, then shakes her head. “Overruled.” Stern takes a second to offer the jury a smile of calm vindication.
“Now, aside from Lep, the second of these nonprosecution witnesses is another very accomplished person with an MD and PhD, Dr. Innis McVie. Dr. McVie is the former executive vice president and chief operating officer at PT who, along with Lep and Kiril, helped found Pafko Therapeutics. She worked beside Dr. Pafko for thirty-two years, first as a researcher in his lab at Easton, and later as second-in-charge at the company. Once g-Livia was approved for sale in January 2017, she left PT. As happens after decades side by side, disagreements had developed between Dr. Pafko and her, although the details need not concern us.” Stern offers a little wave at the superfluous. What the jury will not hear, as a result of a defense motion Judge Klonsky ruled on in private in her chambers before the trial started, is that for most of Innis’s thirty-two years with Kiril, she was his lover, his ‘wife at work,’ as some called her, a fact Stern himself learned only after trial preparations were under way. Innis apparently spent her last twenty months at PT in a state of fury after Pafko began carrying on with a far younger officer, the marketing director, Olga Fernandez.
“At any rate, Drs. McVie and Pafko were no longer on good terms, which will be quite apparent to you, because in August 2018, after Dr. Pafko received this call from the Wall Street Journal reporter, Kiril phoned Dr. McVie for advice, and—strangely—she decided to record their conversation. Mr. Appleton has said you will hear that recording. If Mr. Appleton changes his mind, have no fear, the defense will play it for you. One thing you will learn is that it was Dr. McVie, not Dr. Pafko, who first suggested that he sell PT stock. And yet the government decided not to prosecute her.” Stern wrinkles his mouth and narrows his eyes to suggest the government’s decision is imponderable, disturbing.
“So you understand my point. As you hear the witnesses, ask yourself, please, what stake this person may have in saying what they do. Another example: You will be hearing from agents and officials of the FDA and FBI. Remember they are quite literally testifying for their boss, the government of the United States, which is also prosecuting Kiril. Each, I suspect, would say they want to keep their jobs.
“Some testimony, like that from investment bankers and stockbrokers, will come from people who might have a financial interest in what they are saying. You also will learn that a number of civil lawsuits have been filed seeking money damages from Kiril and PT for the same events addressed in the indictment. It will turn out that some witnesses, here to testify about the heartbreaking deaths of their loved ones, are seeking, and sometimes have been paid, millions and millions of dollars by PT in these civil cases.”
“Objection!” Across the courtroom, Moses has rocketed to his feet, thundering the word. A second of stillness follows, since it is evident in Moses’s bearing that he is a man seldom provoked to fury. “Your Honor,” he says, “we have discussed this subject, and the court’s ruling was crystal clear.”
Staring down grimly at Stern, Judge Klonsky answers. “Indeed, it was. The objection is sustained. The jury will disregard Mr. Stern’s last statement.”
For another second, the show of anger from the US Attorney and the judge continues to trouble the atmosphere of the huge courtroom, where every seat is filled.
“In fact,” Judge Klonsky says, “remembering the outline of your remarks, Mr. Stern, I think it’s a good time for a break. Let’s take ten minutes.” Sonny then tells the jury that until the end of the case, they should not talk among themselves about what they have heard in the courtroom. With that, she motions to the deputy marshal to escort them through a back door to the jury room, where they will gather every day and eventually deliberate. As the jurors exit, the lawyers come to their feet, while the judge, still clearly vexed, orders the attorneys to meet with her in chambers.