The Gods of Guilt (Mickey Haller 5) (28 page)

“Andre, you doing okay?” I asked as soon as he was seated.

“Yeah,” he whispered. “The weekends in there are long.”

“I know. They still giving you medicine for your stomach?”

“They give it and I drink it, but I don’t know if it’s doing anything. I still feel like I’m on fire inside.”

“Well, hopefully you won’t be in there too much longer and we’ll get you into a first-rate hospital as soon as you get out.”

La Cosse nodded in a way that indicated he couldn’t quite believe he would ever leave the shackles and the jail behind. Long-term incarceration does that to an individual—eats away at hope. Even in an innocent man.

“How are you doing, Mickey?” he asked. “How is your arm?”

Despite his own circumstances, Andre never failed to inquire about me. In many ways I was still recovering from the crash of the Lincoln. Earl had died and I was battered and broken—but mostly on the inside.

Physically, I’d suffered a concussion and needed surgery to reset my nose. It took twenty-nine stitches to close various lacerations and twice-a-week physical therapy sessions since then to help restore full motion to my left arm where ligaments were torn in the elbow.

To put it bluntly, I got off easy. People might even say I walked away. But the physical injuries didn’t even approach the intensity of the internal damage that still lingered. I grieved every day for Earl Briggs, and the sorrow was only equaled by the burden of guilt I carried with it. A day didn’t go by that I didn’t recheck the moves and decisions I’d made in April. Most damning was the decision to keep the tracker on my car and to taunt those monitoring my movements by boldly driving to Victorville to see Hector Moya. The consequences of that decision would be with me forever, the image of a smiling Earl Briggs attached to them in my mind’s eye.

By the time the wreckage of the Lincoln was examined, the GPS tracker was gone, but it had been there the afternoon before when Cisco had checked out the car. There is no doubt in my mind that I was followed to Victorville. And there is no doubt in my mind about who made the decision to send the Lincoln into the guardrail, if not did the deed himself. I had only one true purpose with this trial. That was to free Andre La Cosse and clear his name. But I considered destroying James Marco in the process to be an integral part of the trial strategy.

When I looked back on what happened up on the 15 Freeway, only one thing came out of it that could even remotely be considered good. A rescue helicopter transported both me and Earl to Desert Valley Hospital back in Victorville. Earl was dead on arrival and I was admitted to the ER. When I came out of surgery, my daughter was there at my bedside, holding my hand. It went a long way toward healing things inside me.

The trial was pushed back almost a month while I recovered, and that cost had been borne most heavily by Andre. Another month of incarceration, another month of withering hope. He never once complained about it. He only wanted me to get better.

“I’m good,” I said to him now. “Thank you for asking. I can’t wait to get started because now it’s finally your turn, Andre. Today we start telling a different story.”

“Good.”

He said it without much conviction.

“You just gotta concentrate on one thing for me, Andre.”

“Yeah, I know, I know. Don’t look guilty.”

“You got it.”

I gave him a playful punch on the shoulder with my good arm. It had been the mantra I had given him from day one. Don’t look guilty. A man who looks guilty is found guilty. In Andre’s case it was easier said than done. He looked destroyed, and that wasn’t too far off from looking guilty.

Of course, I knew something about looking guilty and feeling guilty. But like Andre, I was trying to play my part. I hadn’t had a drink since the night before jury selection began. Not even on the weekends. I was sharp and I was ready. For Andre, today was the first day of the rest of his life. Mine, too.

“I just wish David was here,” Andre said in a whisper so low I almost didn’t hear him.

Reflexively prompted by what he’d said, I turned slightly and my eyes swept across the rear of the courtroom. As had been the case since the start of the trial, the gallery was almost empty. There was an accused serial killer on trial in Department 111 and that was drawing most of the media. The La Cosse case had gotten scant attention in the news, and the cynic in me decided this was because the victim here had been a prostitute.

But I did have a cheering section. Kendall Roberts and Lorna Taylor sat in the first row directly behind the defense table. Lorna had been making periodic visits throughout the trial. This was Kendall’s first day watching. Wary of coming to the courthouse and possibly seeing someone from her past, she had stayed away until I had pointedly asked her to come for at least my opening statement. We had grown close since April and I wanted her there for the emotional support.

And in the back row were two men who had been in attendance every day since the start of jury selection. I did not know their names but I knew who they were. They wore expensive suits but looked out of place in them. They were muscular and had deeply tanned skin from lives seemingly spent outdoors and not in courtrooms. They had the same build as Hector Arrande Moya, with wide, sharp shoulders, and I had come to think of them simply as
Moya’s Men
. They were part of the contingent of protectors Moya had dispatched to watch over me after the car crash in the mountains. I had turned down his offer of protection that day in the visiting room. It was too late for Earl Briggs now, but I didn’t turn down the offer a second time.

But that was it. No one else was watching the trial. La Cosse’s life partner, David, was missing from the benches. He had split, having staged a full withdrawal of La Cosse’s remaining gold and leaving town on the eve of the trial. More than anything else, that loss contributed to Andre’s demeanor and downward spiral.

In a way, I understood it. Having Kendall in the courtroom was a special thing for me. I felt supported and less alone. Like I had a partner in the fight. But my daughter had so far not set foot in the courtroom and that hurt. The hospital room reunion had only gone so far in rekindling the relationship. And school was no longer an excuse, as it had let out for the year halfway through the prosecution’s case. I think my reflexive act to check the gallery was actually one more hopeful search for her.

“You can’t worry about that now,” I whispered to Andre—and myself. “You have to look strong. Be strong.”

Andre nodded and tried to smile.

When David had taken the gold and run, La Cosse wasn’t the only one he had left high and dry. By then I had already taken receipt of a second bar of gold as continuing payment. A third bar was due at the start of trial, but the gold was gone by then. So a case that I had earlier viewed as a potential financial bonanza had turned pro bono as the trial began. Team Haller was no longer getting paid.

At exactly ten o’clock the judge emerged from chambers and took the bench. As was her custom, Judge Leggoe eyed Forsythe and me and asked if there was any business to consider before she brought in the jury. This time there was. I stood, holding a set of documents, and said I had an amended witness list for the court to consider and approve. She waved me up to the bench and I handed her a copy of the new list and then dropped another one off with Forsythe on my way back. I was barely seated again when Forsythe stood to object.

“Your Honor, Counsel is engaged in an age-old practice of deception by trying to hide his real witnesses in a sea of names. His pretrial list was enormous and now he’s added what I estimate to be twenty to twenty-five more names and it is evident most of these will not be actually called.”

He gestured with the pages behind him to where Lee Lankford sat in a row of chairs against the rail.

“I see he has my own DA investigator on here now,” Forsythe continued. “And let’s see, he’s got not one but now two federal prisoners on here. He’s got one . . . two . . . three prison guards. He’s got what looks like every resident in the victim’s building—”

He abruptly cut off the litany and dropped the pages on his table as though depositing them in the trash.

“The people object, Your Honor. It would be impossible to respond beyond that without being allowed the time to look at these names and determine their relationship, if there is any at all, to the case.”

Forsythe’s objection wasn’t a surprise. We had counted on it in the defense plan and strategy we had dubbed “Marco Polo” at the top of the whiteboard Lorna had gotten installed on the brick wall of the boardroom back at the loft. The witness list was the opening move in that gambit, and so far Forsythe was playing his part, though he had not yet—at least vocally—paid attention to the one name on the list that was most important. The name we called our depth charge, sitting there beneath the surface and waiting to be detonated by the first false move by the prosecution.

I stood to respond to the objection, taking another quick glance behind me as I rose. Still no daughter but a small smile from Kendall. As my eyes swept forward they caught and locked for a moment on Lankford. He looked at me with an expression that was sixty percent
What the fuck is this?
and forty percent the usual
Fuck you
. That sixty percent was what I was hoping for.

“Your Honor,” I said, looking finally at the judge. “It seems obvious from his objection that Mr. Forsythe already does in fact have knowledge of who these people are and how they would relate to the case. Nevertheless, the defense is happy to allow him time to review the new names and respond. There is no need to interrupt the trial, however. I am planning to regale the jury with my long-delayed opening statement and then begin with witnesses who were on the original witness list and already approved by the court.”

Leggoe seemed pleased to have been handed an easy solution.

“Very well,” she said. “We will take this up first thing tomorrow morning. Mr. Forsythe, you have until then to study the list and have your response ready.”

“Thank you, Your Honor.”

Leggoe called for the jury. I stayed standing and read over my notes while the jurors were seated and the judge explained that I had reserved my opening statement at the start of the trial and would deliver it now. She reminded them that the words I would speak were not to be construed as evidence and then turned the floor over to me. I stepped away from the defense table, leaving my notes behind. I never used notes when I was directly addressing a jury. I maintained maximum eye contact the whole time.

The judge had earlier ruled that during openers each attorney would be allowed to stand in the space directly in front of the jury box. This is known by lawyers as the well of the courtroom but to me it has always been the proving ground. I don’t mean proving in a legal way. I am talking about proving yourself to the jury, showing them who you are and what you stand for. You have to first gain their respect if you want any hope of proving your case to them. You have to be fervent and unapologetic about standing for the accused.

The first juror I locked eyes with was number four. She was Mallory Gladwell, age twenty-eight, and a script reader for a movie studio. Her job was to analyze scripts submitted to the studio for purchase and development. As soon as she was seated and questioned during voir dire, I knew I wanted her on the jury. I wanted her analytical skills when it came to storytelling and logic. I wanted the jury to ultimately choose my story over Forsythe’s, and my gut feeling was that Mallory Gladwell could be the one who led them there.

Throughout Forsythe’s presentation of the state’s case I kept my eyes on Mallory. It was true that I watched all of the jurors, trying to read faces and pick up tells and cues as to what testimony or evidence had the strongest impact on them, what they were skeptical about, what got them angry and so on. But I had Mallory down as the alpha. My guess was that her skills at breaking down a story would lead her to be a voice, if not
the
voice, during deliberations. She could be my Pied Piper, and therefore she was the one I made the first eye contact with and she would be the last. I wanted her invested in the defense’s case.

The fact that she returned the eye contact and did not look away was a strong signal to me that my instincts were on target.

“Ladies and gentlemen,” I began. “I don’t think any introduction is needed here. We are well into this trial and I am pretty sure we know who everybody is. So I am going to be pretty brief here because I just want to get to the case. To the truth about what happened to Gloria Dayton.”

As I spoke, I unconsciously moved two steps forward, spread my hands, and put them down on the front rail of the jury box. I leaned forward, trying to make the communication between one man and twelve strangers as intimate as a one-on-one with a priest or a rabbi. I wanted each one of them to think I was talking only to them.

“You know, lawyers have all sorts of nicknames for things, including juries. We call you people the ‘gods of guilt.’ Not in any sort of disrespect for religion or faith. But because that’s what you are. Gods of guilt. You sit here and you decide who is guilty and who is not. Who goes free and who does not. It is a lofty and yet weighty burden. To make such a difficult decision you must have all the facts. You must have the whole and true story. You must have the proper interpretation of the story.”

I glanced again directly at Mallory Gladwell. I lifted my hands off the rail and moved back into the well so I could cover the entire twelve and the two alternates in a tight back and forth sweep. As I spoke I casually moved to my right so that most of the jurors were looking at me on their left.

“I ask that over the next few days or week you pay close attention to the defense’s case. You’ve heard only one side of the story so far—the prosecution’s side. But now you are going to hear and see another side. You are going to see that there are two victims in this case. Gloria Dayton, of course, is a victim. But so, too, is Andre La Cosse. Like Gloria he was manipulated and used. She was murdered and Andre has been set up to take the fall for it.