Until Proven Innocent (24 page)

*****

The kid must have been busy last night after dinner, because my phone is ringing and I see Myra’s number displayed. I can usually tell what mood she’s in by how many seconds of greeting time I’m allowed. Today it’s down to zero, so the mood can’t be too good.

“
Peter, what the hell’s going on with Tony’s murder case?”

“
I’m just fine thank you, how about yourself?”

“
Please, spare me. I want to know what type of show you plan on putting on next week at his trial.”

“
Myra, is there something I’ve done since our last conversation that’s prompted you to make this call to me?”

“
No Peter, you haven’t done anything… it’s her.”

“
By her, I assume you mean the little witness you pissed off by subpoenaing without including her companion?”

“
Yes, that’s exactly who I mean. When I got into the office this morning there was an email from her instructing me to tell my trial deputy not to make a relevancy objection to the questions you ask one of our witnesses.”

“
What witness would that be, pray tell?”

“
She wouldn’t say, but I think it might be her. I explained to her that if you wanted to ask her questions beyond the scope of our direct examination, that you could call her as your own witness.”

She’s right. Something is definitely going on, but as usual, I haven’t the slightest idea of what it is. Obviously the kid has some information that I’m supposed to bring it out in cross-examination.

“
Myra, I know you’ll believe me when I tell you that little Doctor Braunstien hasn’t told me anything about this line of questioning yet, but I’m sure she’ll give me instructions before we get to the trial. I’ll tell you what - as soon as I know what the heck is going on, I’ll give you a heads-up, so that you can prepare your trial deputy.”

That seems to have satisfied her for now. I’m getting the feeling that Renaldo is in for a heap of trouble. I had a hunch that the prosecution would be calling some witnesses to establish Tony’s motive, but I didn’t know that Renaldo would be one of them. I hope this doesn’t screw up Special Agent Snell’s arrest plans, because I’m sure he’s planning on taking Renaldo, Evelyn, and her daughter into custody after the trial.

*****

The reporters are in their usual feeding-frenzy mode as Tony’s trial date approaches. Every time you see a local newscast, some blow-dried bimbo is standing in front of the Venice Soundstage with a ‘new breaking development’ in the murder case, which usually consists of a neighbor down the street saying that they really didn’t hear any gunshot, so the soundstage must be soundproofed.

Our office is not making any statements about what tactics we’ll use in Tony’s defense. I keep watching the news, hoping they’ll interview one of the legal geniuses they have on stand-by. Maybe the legal eagle will say something like ‘well, if I was trying this case, here’s the type of defense I’d put on…’ I sure can use all the help I can get, because at this point it looks like Tony had better be instructed to bring a toothbrush with him to the trial. He might not be going home after it’s over.

If nothing new turns up that can help me clear Tony, I’m going to have to call an office meeting and ask the kid for some help. She got me into this mess, so maybe she can figure out some way for me to get out of it.

I don’t see the cops hanging around Tony’s boat that much, so their investigations have probably hit dead-ends too. There’s plenty of action around his motorsailer, but it’s not for the case, it’s the Asian Boys getting it all ready for a cruise. Maybe I should tell him to take it before the trial, while he still has a chance.

There’s a knock at the hull. Looking over the side I see a familiar face. It’s Vaughn, an explosives expert we used on a case not too long ago when some vehicles were being blown up. He’s a former FBI lab tech who retired and went out on his own and now consults with various law enforcement agencies on anything that has to do with a bang.

“
Hello Vaughn, come on aboard. To what do I owe this pleasure today?”

“
Hello Peter. It’s nice to see you too, but to tell the truth, I’m here because Suzi called me in for a consult. I’m sure you know what it’s all about, right?”

“
Well, I like to leave all the minor details of the cases to her. I just do the big things, like going into court and making a fool out of myself. She’s in her stateroom. Her assistant is coming out now to escort you in there.”

Vaughn follows the dog and disappears into the forensic laboratory formerly known as the foreward stateroom. Aside from the explosion that someone’s .50 caliber gun made when Joe got shot, I don’t know about any other explosions that Vaughn could consult with her about.

*****

It’s now the night before Tony’s trial is scheduled and I can’t sleep a wink. I hate this feeling. It’s not butterflies about going to trial that are getting to me, it’s the dread of certain failure. Tony’s not a close friend of mine, but he’s still a client, and he’s depending on me to represent him to the best of my ability. Ordinarily I wouldn’t be worried, but this time is different. I didn’t pick this case, it was dumped in my lap, and it’s a dead-bang loser.

The prosecution has the smoking gun, complete with spent shell casing. The defendant had the means, motive, and opportunity. After Myra gets a successful conviction, I wouldn’t be surprised if District Attorneys all around the country use a transcript of this trial as a textbook example of how to win a case.

My career won’t suffer too much, because everyone already believes Tony is guilty, so they’ll respect me for trying to do my best on his behalf. My career isn’t what’s in danger. It’s my ego. I really don’t like to lose. And to make matters worse, they’re going to use the kid against me.

I’ve gone over the case hundreds of times in my mind and other than the film pirates, the only thing that I can possibly use to create some reasonable doubt is that empty shell casing, and how ridiculous it is to believe that an experienced detective like Tony would leave it in his weapon’s cylinder and then call the cops to the scene. If I can get them to believe that it may have been planted in his gun by someone else then I’ve got a slim chance of getting at least one of the jurors on our side who will vote for an acquittal.

But even if the jury hangs up with no decision, Myra will probably re-file the case and try him over again, so all I’d be doing is creating another chance to lose. This is not a good situation. I can’t remember ever going to trial before with less of a defense to offer.

As long as I’m awake, I might as well watch some late night television and see how April and Hershel are doing. The movie is an old black-and-white one featuring Edward G. Robinson as a bad guy. When the commercial break comes up I see Hershel riding on a Segway scooter from car to car on his trade-in lot. Then, as usual, April slowly rides by him in a convertible, but it’s a full-sized one, and not the little one she used in her first commercial.

The next thing Hershel does really takes me by surprise. He asks April to stop her car and step out of it. When she does, I can see a noticeable weight loss. She lifts up her arms, proudly rotates for the camera, then gets back into the convertible and drives out of the picture.

Hershel is now holding up some container and talking about how April decided to go on a diet, and the stuff he’s holding up is the product she’s using. He goes on to say that he didn’t ask her to lose weight, but she insisted on doing it anyway, and he was so impressed with the stuff she’s using that he decided to become a main distributor.

As Hershel talks more about the stuff and how you can order it through his dealership, a close-up of the container appears on the screen and I see that it’s Stuart’s weight-loss snake oil. Hershel goes on and on about how wonderful it is, and that when used in conjunction with a suggested plan of reducing caloric intake and regular exercise, it can work for you too. Well duh. Even a glass of water will make you lose weight if you combine it with diet and exercise.

He goes so far as to offer a free case of the stuff with the purchase of any new or used car from his dealership. Only in America. I press the ‘power’ button and the screen fades to black.

* * * * * *

THE TRIAL

The first day or so of any jury trial is usually taken up with the seating of a jury, during which time each side has a certain amount of chances to bounce prospective jurors that they’re not happy with, for one reason or another. In this particular case the prosecution wants to get rid of any juror who has a relative on any police force, for fear that they might sympathize with the defendant. On the other hand, I want to cleanse the jury pool of anyone who feels they’ve been victimized by a police officer by any means, from a wrongful traffic ticket, bad rap or brutality.

Jury selection is going faster than I’ve ever seen before, so the judge tells us to be ready for opening statements after the lunch break. I join Tony and several of his investigating team in the courthouse cafeteria. He looks like he’s lost about twenty pounds since this mess started, but by the way he’s eating, the weight loss didn’t come from any loss of appetite.

After lunch Myra’s trial deputy presents her opening argument, and it’s a textbook statement. She starts out by introducing herself and then goes on to explain the charge against the defendant and how she will introduce evidence to support every element of the crime and the defendant’s connection with it. By the time she’s finished, she almost has me believing in Tony’s guilt. This makes my job even harder because in my opening I not only have to convince the jury that there’s reasonable doubt in his guilt, but I also have to talk myself into believing it.

She finishes her opening statement in less than an hour, so there’s time for me to get mine in today. I always like to have the jury conclude their day after having heard something good for my client’s case. If I time things right, after I finish my opening statement, I’ll try to talk the judge into recessing until tomorrow morning. I look around to see if Myra’s sitting somewhere in the back, but she’s nowhere to be seen. There are a few reporters present, along with the usual amount of trial-watchers. I’m sure the main contingency of bottom feeders are waiting until tomorrow, when the prosecution’s evidence starts to come in.

I don’t have much of a defense to give them a preview of, so I take the opposite tack by urging them to use their common sense. There’s hardly ever a way for prosecutors to make a visual presentation of a defendant actually committing a murder, so these are all circumstantial cases that require the jury to connect the dots in their own minds and come to a conclusion.

In this case, it’s the dot-connection process that I want them to concentrate on, because it’s just too illogical to expect things to go down the way the prosecution contends. It would require Tony to have the knowledge that the victim would be working late in his office and that the rear door to the soundstage would be open after hours, allowing him to enter. It would also require the luck of having no other people in the entire building.

The prosecution would also have them believe that the defendant, who had been involved in several previous altercations where racism was involved, shot and killed a black man and then without removing the spent cartridge from his weapon, called the police to report the killing.

Not too long ago, a talented journalist named Sebastian Junger wrote a book that was made into a motion picture, coincidentally starring my neighbor. It was entitled
The Perfect Storm
, and depicted a situation at sea wherein every condition possible turned into a storm of perfection. What I’m trying to do in my opening statement is show that with all the evidence that the prosecution has against the defendant, what they’re arguing took place is really ‘The Perfect Frame,’ and that in no way could all the facts pointing to my client’s guilt have lined up in such a manner without being arranged by others. This is not an uncontrollable force of nature we’re dealing with here, it’s a set of man-made circumstances.

I want this jury to see that the odds are so great against the evidence in this case to be laid out in such a perfect way for prosecution, that this must be the result of some devious person who planned the whole affair. I’m trying to liken it to opening up a box that contains a jigsaw puzzle, pouring the pieces out onto a table, and having them fall into place forming the completed puzzle. An occurrence like this isn’t impossible, but it’s so highly unlikely that I urge them to use their intelligence to find the reasonable doubt that truly exists here.

Tony knows what I’m up against. He doesn’t say anything, but I’m sure he knows that what I did with my opening statement was about all that anyone could do.

Before we were sent out for trial, the People estimated that they would need two days to put on their case. They probably never realized that the jury would get seated so quickly, so I would say that they plan on wrapping up their entire case and resting by the lunch break tomorrow. If this is right, then all of the action including the kid’s testimony will have to take place tomorrow morning. That works for me, because that’s when I’ve got seats reserved for the three film pirates.

*****

I’m not riding back and forth to court with Tony. He’s with his gang, and I’ve got Jack B. chauffeuring me in the Hummer. Whenever I’m involved in a big case I find that driving can be injurious to my health. In view of the fact that so many traffic accidents are caused by inattention, I don’t want to get behind the wheel of this yellow tank while I’m completely pre-occupied with what’s going to happen in the courtroom.