Bill Harvey Collection

by Peter O'Mahoney

  Carlos López sat next to Harvey as a well-dressed, respectable member of the community. A man whose face showed that he had done his time, but who now knew the value of helping others. That’s what Harvey would play up. There was no logical reason why a man who spent his spare time helping others overcome drug addiction would still be dealing drugs.

  Harvey only had to create reasonable doubt for Carlos to walk away, and based on the lack of substantial evidence, he was sure that he could do that. Words were his weapon, and he was ready with the heavy artillery.

  His main threat was the way that Chettle would spin the case. She would go big on the evidence, and thick on the facts. They would be repeated time and time and time again in this case.

  The true facts of the case were indisputable. A briefcase full of drugs was found in the apartment belonging to Carlos López. That was fact.

  But there was no one home when the LAPD raid happened—and that left enough room for Harvey to create reasonable doubt about who the briefcase belonged to.

  With two days scheduled for the prosecution’s case and one day for the defense’s case, the court was expecting a quick turnaround. They had other cases to get to; bigger, more high-profile than just another drug possession charge.

  The prosecution was clearly disappointed that Carlos didn’t take the deal to roll over on Lewis. After the failed raid, that was the angle they were hoping for. But when Carlos refused to turn over on his family, they had to press ahead with the charges, or they would appear powerless.

  All the hollow threats they made trying to convince Carlos to roll over on his cousin would be remembered by the criminal community for a long time. No one would be threatened by a prosecution that couldn’t convict a common drug dealer.

  After Judge Windsor had talked to the jurors, Chettle was ready to lay all her cards out on the table. This was the moment Harvey had been waiting for—what does she have up her sleeve? How will she approach the weak case that she couldn’t afford to lose?

  Chettle opened her statement sitting behind her desk, but when she got into her speech, she stood and slowly moved around the table.

  Harvey liked the way she moved. Her hips had a gentle swing to them.

  “On September 12 of this year, the Los Angeles Police Department raided the home of Carlos Maxwell López. They made this raid based on intelligence gathered from a source close to Mr. López. After they entered the apartment, they found $50,000 worth of heroin in a briefcase, located in Mr. López’s bedroom, next to his bed.

  $50,000 worth of heroin.

  Those are the facts. Plain and simple.

  Plain and simple.

  I will repeat them for you—$50,000 worth of heroin in Mr. López’s bedroom, next to his bed.

  That is fact.

  There is no doubt about that.

  Over the coming days, you will be presented with those facts as the core of this case. That’s the reason we’re here today. That’s why you’re sitting in this courtroom.

  The average person does not have $50,000 worth of heroin lying around their apartment. No. This is no accident. This is not a chance encounter. It was not some strange coincidence.

  Carlos López owned those drugs.

  $50,000 worth of heroin.

  It was enough to destroy lives, and it was enough to destroy families.

  We need these drugs off the streets. And we need men like Carlos López off the streets as well.

  Now, the defense might argue about the reason the briefcase was in his apartment. They might even say that he didn’t own the briefcase, but that’s not going to work this week. Not here. Not in a place where we make judgments on the facts.

  It won’t work because I trust you.

  I trust that you will make a decision based on the facts of this case.

  And the facts are plain and simple.

  There is no arguing against the facts.

  In Carlos López’s apartment, where he lives alone, a briefcase full of heroin was found. Those are the facts, ladies and gentlemen.

  The facts.

  Cold, hard facts.

  Nobody else lives with Mr. López. Nobody else was in his apartment when it was raided. Those are facts.

  The facts.

  The drugs were in his possession.

  In law, we have a term called ‘constructive possession of illegal narcotics’. Constructive possession is when drugs clearly belong to a person; however, the person wasn’t carrying the drugs at the time. For a court to determine constructive possession, it’s very simple. There must be two key elements: one; the defendant must have knowledge of the location of the drugs, and two; the defendant must have the ability to exercise authority and control of the drugs.

  It’s very simple.

  Carlos López had knowledge of the drugs’ whereabouts—they were in his apartment. In his bedroom. Next to his bed. Undoubtedly, he knew they were there. Undoubtedly, they were his.

  Carlos López had the ability to exercise control of these drugs. Nobody else did. Nobody else had a key to his apartment. Carlos López stated that fact in a sworn police statement. He’s the only person that was able to exercise control of his apartment and its contents. Among those contents was the briefcase full of drugs.

  I will repeat, the drugs were in his possession.

  It is that simple.

  My name is Shannon Chettle, and with my team, we will present evidence that will leave you with no choice but to convict Mr. López. You will have no choice because he’s guilty.

  He owned the briefcase full of drugs. They were in his possession.

  Without the interference of the hardworking police officers, those drugs would have ended up on the streets. Without the interference of the police raid, those drugs would have made it out into the hands of the people of Los Angeles. Out onto the street where they would attack vulnerable people. Jeopardizing the lives of the defenseless people of this country.

  That’s what drugs do—they attack the weak.

  We must stop the suppliers. We must stop people like Carlos López from bringing more drugs onto the streets. If we don’t stop him today, then I can guarantee you, he’ll do it again. He’ll find more drugs. More briefcases.

  That’s how the cycle works.

  This week, you have an opportunity to make our city safer. Cleaner. You have the chance to save lives.

  Over the coming days, we will present witnesses to you who will explain this case in more detail. LAPD Detectives will tell you why they chose to raid Carlos López’s apartment on September 12. Police officers will detail how the raid unfolded. Forensic experts will explain what they found in the apartment. We will hear from witnesses that will testify about Carlos López’s whereabouts on that day.

  You will be presented with a lot of information over the coming days, but you must focus on one thing—the evidence. That’s what you have to focus on in this case.

  And if you look at the evidence, if you look only at the proof, then it will lead you to only one possible conclusion—the briefcase full of drugs could only be deemed to be in possession of Carlos López.

  He must be found Guilty of this crime.

  Your job on the jury is clear—you will listen to the evidence and make a determination on that evidence. Once you have seen the evidence, your decision will be easy.

  At the end of this case, I will not stand before you and give you an answer. I already know the answer based on the evidence.

  But it’s not for me to decide.

  No.

  It’s for you to make a decision based on all the evidence presented to you.

  That’s all I ask you to do.

  It will be clear. Your only possible choice will be to find Carlos López guilty of the charges of felony drug possession.

  Thank you for serving your duty to this great city.”

  Bill Harvey glanced at Chettle as she walked back to her table. He appreciated her great performance. He almost felt that he should stand and clap as she
sat down.

  After only one speech, Chettle already had the jury in her capable hands. They already wanted to believe her every word. Her voice was so soft and sensual that it could melt even the harshest person.

  “May it please the court, Miss Chettle, members of the jury, on September 12 a briefcase full of drugs was found in an apartment in East L.A. As the prosecution had informed you, your job as a member of this jury is to reach a verdict based on the evidence that is presented to you.

  Not assumptions—but the evidence.

  Now let me explain the difference for you:

  Evidence is defined as the available body of facts indicating whether a belief is true or valid. That is evidence.

  An assumption is defined as a thing that is accepted without proof.

  There is no evidence that proves the briefcase containing drugs belonged to Mr. Carlos López. There are no fingerprints on the briefcase, no DNA, no video footage of Mr. López with the briefcase. There is no evidence of Mr. López carrying the briefcase, and there is no evidence to confirm that he was even near the briefcase at any time.

  No evidence.

  In this court of law, you cannot convict a man if you have reasonable doubt about the accusations. What is reasonable doubt? It’s doubt that still exists upon reason and common sense, after careful and impartial consideration of the evidence.

  I am criminal defense attorney Bill Harvey and, along with my team, I represent Mr. Carlos López. I am here to explain to you the undeniable fact that right now Carlos López is presumed innocent.

  My team and I are here to help you understand the many reasonable doubts that lurk in the assumptions brought before you by the prosecution. And they’re just that—assumptions, not evidence.

  This trial will be an interesting journey, but it’s one that we will take together.

  I will help you on this journey, and I will present evidence to you, beginning with my cross-examination of the prosecution’s evidence. I will show you where the reasonable doubt lies. Together, you and I, will work as a team to show the prosecution that they have made a mistake.

  People make mistakes, even police officers.

  That’s why we have a court system. That’s why the police officers don’t decide the guilt or innocence of the people they arrest.

  We will present witnesses who will testify about Carlos López’s long history of volunteering. They’ll testify that Carlos López spends his time helping others overcome drug addictions. That’s right. This man is against drugs. Against drugs. He dedicated his life to helping people recover from drug addictions; he didn’t put them there. He even had a room in The East Rehabilitation Center named after him. That’s how much he cares about helping people.

  He wants to save people from addiction, not encourage it.

  I will help you, and together, we will find Carlos López ‘Not Guilty’ based on the reasonable doubt that lies within the prosecution’s assumptions.

  You will have reasonable doubt at the end of this case. And you cannot convict a man based on assumptions.

  Thank you for your time, and thank you for listening.”

  A solid start by Bill Harvey; one that he hoped was good enough.

  Chapter 18

  For LAPD Detective Roger Townsend, there was no gray in life. Everything was black and white. Including his clothes.

  He wasn’t interested in the rule of law as it was written by the politicians; his rules were governed by his moral compass, created during a hard childhood with a very religious family. He was as uncompromising in his police work as he was rigid in his Christian faith. It took him many years to earn a seat in the front pew of the church, and he would never let it go. He stood there every Sunday morning with his devout family, singing heartily at every hymn, brashly reciting every prayer; taking his faith very seriously.

  As the lead detective in the raid that led to the drug bust, Townsend came to the stand as the prosecution’s first witness.

  Bill Harvey and Roger Townsend had clashed over a drug case before, and Harvey was certain that the evidence was planted at the scene of the crime.

  Some criminals were impossible to catch even though everyone knew they were guilty. The people on the street knew it, the cops knew it, even the shopkeepers knew it. But they had to be caught in the act. In their last case, Townsend planted the evidence in the car of a suspect, one small bag of cocaine, just to take a criminal off the street. They struck a favorable deal for the client, mostly because the prosecution didn’t want the evidence tested in a court of law.

  And Harvey was comfortable with that process. Just because the police couldn’t catch someone didn’t mean they weren’t guilty.

  After the ink was dry on the deal, Townsend took Harvey aside. “If a heroin deal happens and there are no police there to witness it, is it still a crime?” he grumbled. “Of course it is. A crime is a crime regardless of the evidence gathered. A criminal is a criminal regardless of when, or how, they’re caught.”

  Although he didn’t want to, Harvey had to agree. That statement made perfect sense outside the walls of the courthouse.

  But inside the courthouse was a different scenario.

  Inside these walls, evidence mattered, not a moral compass.

  The issue for Harvey was that the police weren’t even after his client when they conducted the raid. They didn’t want to arrest Carlos. They didn’t want to put him behind bars. They wanted to sacrifice an innocent man in the hope that it put pressure on the kingpin.

  That was not acceptable.

  As Juan Lewis had no previous criminal convictions, the LAPD Gang and Narcotic Division Detectives weren’t able to gather enough evidence to be approved for a warrant to search his premises. However, Carlos López, with his previous conviction, became their easy target. They expected Lewis to be in the apartment when they conducted the raid. When they found that he wasn’t there, they had to put the squeeze on Carlos until he gave up Lewis.

  But Lewis and López were family, and Carlos wasn’t going to sell his cousin out, especially not to the police.

  The defense attorney believed that Carlos was speaking the truth when he said that the drugs weren’t his. Every time Harvey asked the question, there was no hesitation, no attempt to disguise the truth. Carlos was firm and open.

  The truth, however, wasn’t part of his job.

  His job was to defend his clients against the process of the judicial system. It was not up to him to make a determination of their guilt.

  Detective Townsend sat on the witness stand wearing an old black and white suit, perhaps the same suit he wore to his wedding twenty years ago. His smile was self-righteous, his superiority was strong, and his tolerance was low.

  Despite his great respect for the people that serve his community, Harvey had little respect for Townsend as a person. He understood that Townsend risked his life every week for the safety of the public and, for that, he was indebted; however, that didn’t make his personality likable.

  If Townsend wasn’t a detective, Harvey would have knocked his teeth out a long time ago.

  “Please state your name and occupation for the purposes of the court.”

  “Detective Roger Denis Townsend. I have been a proud member of the LAPD for thirty years. I have seen a lot in that time.”

  “I bet you have,” Chettle stated almost flippantly. Her personal dislike for Townsend was also clear. His old-school behavior, mostly bordering on sexual harassment, didn’t sit well with this feminist. “Did you apply for a search warrant for the apartment belonging to Juan Lewis, but rented by Carlos López?”

  “That’s correct.”

  “Is this the search warrant?” Chettle presented the warrant to the witness.

  “It is.”

  “Is there anything wrong with this warrant? Anything unlawful?”

  “It’s a valid and lawful search warrant.”

  “Thank you, detective,” she continued. “Please explain to the court what happened afte
r you received the warrant to search Carlos López’s apartment on September 12.”

  “After the warrant was granted to enter Carlos López’s apartment, we scoped out the premises for two hours. I was positioned across the street with Detective Bloom in our sedan, while another two detectives watched the back door of the apartment complex to ensure that nobody used that as an exit.” Detective Townsend’s voice was rough and harsh.

  “And did anybody enter the apartment during that time?”

  “Yes. We saw Carlos López and Juan Lewis enter the apartment building at approximately 10:14 am.”

  “Can you please explain to the court who Juan Lewis is?”

  “He’s the owner of the apartment that Carlos López was renting. He’s also a cousin of Carlos López.”

  “Were either of them carrying anything?”

  Townsend leaned back in the stand, straightened his shoulders, and flattened the tie down the middle of his shirt. “We saw Carlos López carrying a black briefcase.”

  With his small grooming activities, Townsend was dispersing nervous energy. That small movement might be overlooked as normal by the casual observer, but not by Bill Harvey.

  “Did you see either of them leave the apartment building?”

  “No. We had detectives positioned at the back door of the building, and they didn’t see them leave the building.”

  “And you believed that Carlos López and Juan Lewis were in the apartment at the time of the raid?” Chettle continued.

  “We did.”

  Carlos leaned forward, twitching his leg nervously under the table.

  “How long was the time between when you saw Mr. Lewis and Mr. López enter the apartment, with Mr. López carrying the briefcase, and when you decided to enter the apartment with the search warrant?”

  “Around thirty minutes.”

  “And why was there a delay?”

  “We had to wait for the uniform police officers to arrive to assist with the search. We were watching the apartment, so we were confident that Lewis and López were still in the apartment at the time we conducted the raid.”