Compelling Evidence (28 page)

Twenty‐four hours after I int of Talia's rejection, her refusal to plead, we are hea4 He has asked Acosta to set a trial date. Talia and I run the gauntlet of cameras and micro the broad corridor leading to the courtroom. In her IU4 one of the radio jocks, a woman with a mik& trailing a to the recorder strapped over her shoulder, has man 1 a six feet of cable in the jangling bracelet on Talia's wri of them do an awkward dance down the hall to my c comment ... maybe we'll have a statement later." Fi courtroom door they disengage, Talia unclippi and her bracelet with a dozen dangling colored stones. freedom. In the sanctuary of the Coconut's courtroom a sea of around to see usas we open the door. The pencil‐wiel waiting for the main event. Acosta is On the bench taking a plea in another matter. I usher Talia to the back row of chairs and take a seat beside her. The defense attorney and the deputy DA are haranguing each other over some detail that hasn't been worked out. Acosta's lost interest in this duel. He's tracking us with his eyes at the back of the courtroom. Then he returns to the business at hand.

"Maybe you want to use my chambers to work this thing out." It's not a question. Acosta is pointing like the deity on the ceiling of the Sistine Chapel, toward the opening at the side of the bench, & hall that leads to his chambers. "Don't waste my time," he says. "The next time you come here, expect you to have these things worked out." The deputy DA takes the brunt of the judge's wrath. He turns sees his boss seated, tapping on the railing. Nelson is flanked two of the senior deputies from the office. I know one of them. Meeks is a wizard with the written word, a master of briefs. junior high, where crib notes and the brokering of homework 'the path of passage, part of the rites of puberty, Meeks would e been the guy drafted to pen the daily essays. T& two lawyers in front of Acosta pick up their papers. The e attorney leads his client away, still grousing about some of the deal he wasn't getting. They @drift past the bailiff's to the hidden door back behind the bench and disappear, ling into the shadows. sta shuffles files and looks up at us. le versus Talia Potter." Pleasantries are exchanged as Acosta shifts social gears, a little upbeat now that Nelson is at the table and the court is no dealing with the hired help. and I spread out at the defense table. people are asking for a trial date, is that correct?" t, Your Honor." Nelson and his two assistants take their and fumble with a few papers. Madriani, before we get to a date, this court would like your intentions with regard to venue." court is asking whether we intend to try to move the trial r city, a change of venue to ease the sting of adverse Yublicity. ve considered a change of venue, Your Honor. However, 4XINATURE of the press coverage in this case, the fact that s husband was nationally prominent and that news of his these charges have 'run repeatbdly on the national wires, I'm not sure that a change of venue would serve any p

"I'm inclined to think you're right,"

says Acosta, I can he's thinking, that this is easier than it should be.

"rhen YOU are waiving any motion for a change of venue?"

"I didn't say that, Your Honor‐, only that we will a change at this time. We would reserve the right t( appropriate motion at a later time, during voir dire, if it apparent that we cannot empanel an impartial jury."

Harry and I have set aside $10,000 of our limited rehire a market research firm whose specialty is the de of jury selection. The company will do a random popul pling for Talia's case. In ten days we will know what Capitol County has heard of Talia, read about the formed opinions as to her guilt or innocence. We the socioeconomic breakdown of those who believe her and those who dunk she might be guilty. We will effects of five months of blistering daily news covera samples will be taken in four other counties of corn where, if a change of venue is ordered, we rmight case to be moved. This will tell us whether an gained by moving the trial. So for now, I maneu Zer options open. Acosta's not sure what to do with this thing, the unresolved issue of venue. It's not in the bench book, of crib notes they gave him with his robes that he c the Bible on the bench. Like most compulsives, he in neat little boxes. He clears his throat a little and looks at Nelson. any problem with thatt'

Nelson is huddled with his minions at the otdber looks up. "No, Your Honor. That's fine."

"Very well." Acosta was hoping for a little help. notes in front of him.

Next item. "Publicity," he says. "It's a problem in this is looking out at the reporters in the front row. republic he would have an easy answer. Here more limited. "I'm reimposing the order that was lifted after hearing," he says. "The parties and their counsel areany of the details of this trial or to comment upon it' with the press or with any parties outside of tdhis c for the usual preparation of witnesses and collaboration among co‐counsel. Is that understoodt' A noticeable groan goes up from the front row. The age of enterprising journalism, it seems, is over. This is fine with me. Acosta has freed us from the need to fire return salvos in a war of words designed for public consumption.

r%ven the disparity of resources, ours against the state's, I'm not

.anxious to waste my time, or Harry's, coming up with daily sound bites.

Nelson and I acknowledge the terms of the gag order. The door opens at the back of the courtroom. I turn a little my chair to see Harry hustling down.the aisle, breathless and ting. "Mr. Hinds, I'm glad you could join us."

"Sorry, Your Honor. I was interviewing a client at the jail. Had little trouble getting out."

The people who come here tell me it's like that." Acosta s, broad and paternal. ,@Harry dumps his briefcase on the counsel table and pulls up Chair. "I've imposed a gag order in this case. We wouldn't want you and up back at the jail as a guest, so you might get the details Mr.

Madriani." nods. He's ransacking the innards of his briefcase look‐ .for a note pad. discovery complete?" 0, Your Honor." I speak before Nelson can. looks at me a little startled. sper across the breach between the tables, about his secret ‐ I wink a little to avoid the details. Busy pens are working ftont row. yes." He remembers. His source who knows more about age than Talia. is one witness we discovered late," he says.

"I've informed the defense as to the nature of the testimony . s will provide. I will follow that up with a letter. There .tten statement by the witness. I'm prepared to disclose ty of the witness, the name and address, at the close of 91 if that would assist the defense."

acceptable, Mr. Madriani?" 8 fine, Your Honor." I shrug my slioulders.

ve delivered everything else, Mr. Nelson?"

"Yes, Your Honor."

"And Mr. Madriani, have you shared your witness peoplet' This is not a legal requirement for the defense in tt a courtesy enforced by most judges. In this regard I have each loaded our lists with the names of a witnesses we have no intention of calling. In this way our strategy, our respective theories of the case. We other to waste valuable time preparing for witnesses never see. Such are the games that lawyers play.

I tell the court that I have indeed delivered my wit physical evidence discovered by the defense in the p its case. This latter is wholly gratuitous, I am referring in c to the small handgun, Talia's twenty‐five ca@liber_ The, on on L, in our assumption. Ballistics has come up dry .I, the bullet fragment found in Ben. It has proven to comparison. The only prints found on the gun we Talia and Tod Hamilton, both accounted for in our accompanied the gun when it was delivered to the PO will use this to show that Talia had access to a hanc will have an uphill battle. There is no concrete evid4 this weapon to the crime. I will argue that the gun lacks any real probative value, that its introduction i may lead to possible erroneous conclusions on the assumptions prejudicial to our client. In this way, I b keep the gun out. "Are there any other motions from the people?"

Nelson looks down the, line at his brain trust, the p If there is a paper blizzard thrown by the state duri these two will be working the wind machine. "Not at this time, Your Honor."

"Mr. Madriani, is there anything else?"

"No, Your Honor."

"Then the clerk will give us an available date."

Acosta's clerk is a courthouse fixture. Harriet Bloon survived three of the Coconut's predecessors, who s death, retirement, and the voters'

wrath, in that order. directly below the bench at a cluttered desk turned that she can see the counsel tables and the judge. S a large calendar blotter under acetate. "The first opening is October third."

CHAPTER 19.

the prime directive‐shit happens." It's Harry's law of cynical his way of telling me that this latest news was beyond @ control or perhaps a premonition of worse things to come. 411,‐ Harry' it's hard to tell. On the heels of Nelson's revelation that Skarpellos is his Surwitness, I have now learned that the DA's office has given E177 of immunity to Susan Hawley. an hour‐long telephone conversation, I have explained

"T(c her in crystalline terms comprehensible to Quasiniodo, all of

"No way, Jos6l" and expletives that do not bear Will e immunity, in this case, will mean that she goes this scenario crimps certain commercial interests. there is an ethic, even among the fishnet‐stocking set. ‐@‐,‐who fink on their johns, at least in the rarefied political

@1' frequented by Susan Hawley, are blackballed for life. 44@1 may as well publish my name on the list of AIDS vicshe tells me. Hawley is convinced that if she talks, she will be relto hawking her wares in the backseats of cars or with her 7‐4@ in dark alleys. been careful to avoid any conversation with Hawley o14 alibi for Skarpellos. On this I have a serious conflict ,.‐L‐M Harry and I have erected what is known in the law

"Chi nese wall." Since learning of her alibi for the kept Harry, to the extent possible, in the dark on with Hawley, any information regarding her past has confided to me during my defense of her. It sm own 246 will be left to Harry to deal with Hawley as a witness called.

He will have to impeach her, destroy her ‐)OA1MO the jury. I will make a full disclosure to the court i4t1h , t legal representation of this woman and excuse myself 1" participation in questioning her. It is a questionable 1‐@114 one I think the court will be compelled to accept.

In adamant terins, she has told me she will not testi Y;,@ words before hanging up are still in my ear: `They 31% find me first."

In the last hour I've come to wonder it‐ttiol" in the plural pronoun.

Successive telephone calls to‐her by Dee have gone unanswered. "This is not what I need," I tell Harry. "Substitute out," he says. Harry is referring to the permits a lawyer upon proper notice to withdraw from 1

"Fat chance," I say. If the lady doesn't appear come ii 14 .. _4 I know that die judge will be making probing inquiries whereabouts, starting with me. I For the moment I have to shelve my concerns Hawley. Delia Barns has arrived, ushered into my Dee. Delia is a certified shorthand reporter I use ‐I4_AUMM@' sitions. She is here at my request to take a sworn Tony Skarpellos. Nelson's eleventh‐hour disclosure from Skarpellos

‐a@d PO some leeway, a little. special process because of I'M Acosta has ordered that I May take a sworn Skarpellos. Normally this is not allowed, unless IMM, to believe that a witness may not be available at trial, on his deathbed. But I want to catch the Greek before he senses headed with my defense. if we wait until trial I'm mediterranean temper will cause him to embellish tiwr', evidence he claims to have. It would be like the Cmt few fictional flourishes to his story, a parting shot once I've discovered his fight with Ben, that I know about T711 to go to the state bar. We pass time, a little courthouse gossip, as Delia machine and feeds in a narrow stack of fan‐folded stenographic notes. I offer her coffee. She declines, dry of conversational items. P .00 4*, 01 .0.4 i A few minu!es later Nelson arrives. I have noticed him for this He is here to protect his interests, to ensure that I don't @Wlords in the mouth of his witness. ‐"ere's Mr. Skarpellos?" he says. P, I tell him that he's apparently not used to dealing with Tony. He shakes his head, a little curious at my comment. e is a chronicle of wasted time,"

I tell him, "other I s true. It's Skarpellos's way of enforcing the social t order‐ He would make the pope wait. 's .@ rdelia beginning to fume. She's watching the clock. Court vroi@ are paid a per them by the half‐day, the good ones more than the lawyers who hire them. But Delia doesn't downtime. There are too many notes awaiting transcription in the office. The Greek is now forty minutes late. The silence is heavy in office. M@Iv I hear voices in the outer reception area, Tony's hearty partying with Dee. We wait. He doesn't enter. There a few high giggles.

It seems Dee is busy being entertained. NV looking at me, as if to ask whos running this circus. ut to get up and chew some ass, when finally Dee tears away. p@"They're all waiting for you in the office. This way,"

she says, if he could get lost between her desk and the door. kv@

announces him, then is gone, like a shadow at dusk. I i her back in to see if anybody wants coffee. She informs me 177M re out. Seems Dee has forgotten to order from the coffee 'irq‐i I'd send her out, to the deli across the street, but knowing wouldn't see her for days. '"Wonderful,"

I say. "Why don't you cover the phone." shaking hands all around, like some glad‐handing union His smile is broad, mendacious. There's not the slight‐y for keeping us waiting no sheepishness for his lastrole in the state's case, this despite the fact of his firm's 4Lassociation in Talia's defense, something I intend to probe get through the introductions. Tony stands looking down at wooden chair I've placed in front of my desk, catercorner 4.'_ reporter and her little machine.

*ki@i; hot seatt' He looks at me. "You might take a little pity j it old man with hemorrhoids," he says. "I thought they were knowledge bumps," I tell him. There are a few chuckles at Tony's expense. Nelson is on his feet. He'd like a minute or two outs with his witness. "Fine," I tell him. "I'll have my secretary powder This is one of the few things Doe does well. It takes several minutes, the conference between Nc Skarpellos. When they return, Tony has all the appeara trip to the woodshed. The levity has been sucked fftrom He takes the empty chair.