Kate smiles at the thought. “But who has a purple armchair in their living room? That’s not eccentric – that’s just bad taste.”
“Purple armchair?”
“That’s right. Look at the color of his armchair in the picture. It’s purple. That’s crazy. It says in the article that he was known for his choice of bright colors all through his house.”
“But the chair is purple in the living room…”
“So?”
“Hardgrave was shot on an orange armchair. The blood splatter made it look like a Jackson Pollock painting. Kate, get me the timeframe of the delivery of the new armchair to Hardgrave’s house.”
“Why? What does that mean?”
Bill doesn’t respond.
Instead, he leans back in his chair, a grin on his face.
Chapter 17
The sweat starts to dampen his armpits. His fists are clenched tightly. His jaw is grinding. This is the moment he loves. This is the moment he lives for.
The courtroom is alive with energy, anticipation, and apprehension.
Bill Harvey draws a deep breath, glancing over to the prosecution table led by Miss Shannon Chettle. She’s busily tidying her desk, disbursing her nerves, distracting herself from the anxieties. She moves a pen holder to the right, the laptop slightly to the left, the files on her desk rearranged in order. When she catches Bill grinning at her, she almost stabs him with her death stare.
He understands her nerves. Not many jobs have this much public attention. One small slip of the tongue and you find yourself leading the news bulletins. One wrong sentence and all of a sudden, your name is mud.
That’s pressure.
“Two minutes,” the court clerk calls out, alerting them to the fact that the spectacle is about to begin.
This is it.
His moment.
He has the fate of Carlos López resting in his hands, and if he plays his cards well, then the destiny of his client will have changed forever.
“All rise for the honorable Judge Windsor.”
The tall, strong and dominant figure of Judge Windsor slowly enters the room. He moves with strength, authority, and self-control. He’s respected in the legal community as a hard, but fair, man.
Just the way Bill likes it.
After Judge Windsor has said his piece, he welcomes the jury to the courtroom. Uneasily, they walk to their seats, a few bumping legs along the way. They know that at this point, the eyes of the court are on them. For anyone not used to public performance, that burden can almost melt them into a puddle.
The jurors appear to be a good group – a solid bunch of working-class citizens. Just what Bill wanted. He made sure that there were no millionaires, no Hollywood wannabes, and no Beverly Hills snobs in that box. He wanted twelve people that could relate to his client and understand the struggles of a man living in East L.A. He used every objection he had and ended with the people he wanted.
Surprisingly, the prosecution didn’t dismiss the two Mexicans that came to the table for jury selection. Bill was sure that Chettle would use her objections to knock those two out.
But she didn’t.
And for the life of him, Bill still can’t understand why.
With the way the Mexican jurors are assessing Carlos, he can tell that they have already identified with his client. If one of them refuses to find Carlos guilty based on their similar upbringings, then he has already won the case. If one person holds true in that jury room, for whatever reason, then the case is a mistrial. The prosecution has the option of bringing another case against him, but unless they have new evidence, that’s unlikely. All he needs is that one person on the jury, and he already knows his targets.
Carlos López sits next to Bill as a well-dressed, respectable member of the community. A man whose face shows that he has done his time, but who now knows the value of helping others. That’s what Bill will play for. There is no logical reason why a man who spends his spare time helping others overcome drug addiction would still be dealing drugs.
Bill only has to create reasonable doubt for Carlos to walk away, and based on the lack of substantial evidence, he’s sure that he can do that. Words are his weapon, and he’s ready with the heavy artillery.
His main threat is the way that Chettle will spin the case. She’ll go big on the evidence, and thick on the facts. They’ll be repeated time and time and time again in this case.
The true facts of the case are indisputable. A briefcase full of drugs was found in the apartment belonging to Carlos López. That is fact.
But there was no one home when the LAPD raid happened – and that leaves enough room for Bill Harvey to create reasonable doubt who the briefcase belongs to.
With two days scheduled for the prosecution case and one day for the defense case, the courts are expecting a quick turnaround. They have other cases to get to, bigger, more high-profile than just another drug possession charge.
The prosecution is clearly disappointed that Carlos didn’t take the deal to roll over on Lewis. After the failed raid, that was the angle that they were playing for. But when Carlos refused to turn over on his family, they had to press ahead with the charges, or they would be shown to be powerless.
All the hollow threats they made trying to convince Carlos to roll over on his cousin will be remembered by the criminal community for a long time. No one will be threatened by the prosecution that can’t convict a drug dealer.
After Judge Windsor says his piece, Chettle is ready to lay all her cards out on the table. This is the moment Bill has been waiting for – what does she have up her sleeve? How will she approach the weak case that she can’t afford to lose?
Chettle opens her statement sitting behind her desk, but when she gets into her speech, she stands and slowly moves around the table.
Bill likes the way she moves. Her hips have a gentle swing to them.
“On September 12 of this year, the Los Angeles Police Department raided the apartment 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’s not some strange coincidence.
Carlos López owned those drugs.
$50,000 worth of heroin.
It’s enough to destroy lives, and it’s 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 of 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 ter
m 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 has a key to his apartment. Carlos López has stated that in a sworn police statement. He’s the only person that is 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, I will present an astonishing amount of 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 intervention of the hardworking police officers, those drugs would have ended up on the streets. Without the intervention of the police raid, those drugs would have made it out to the hands of the people of Los Angeles. Out onto the street where they would attack vulnerable people. Attacking the defenseless people of this city.
Causing chaos on the streets.
Causing violence, crime, and pain to our great city.
That’s what drugs do.
And to take those drugs off the streets is a win for our city. A win for all of us.
But, I must say, it’s only half the battle.
We must also stop the suppliers. We must stop people like Carlos López 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 explain 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 of 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 facts.
That’s what you have to focus on in this case.
The facts.
Don’t be swayed by the entertaining show that the defense will present. Don’t focus on what might have been. Don’t think about possibilities.
Focus on the facts. That is your job. That is why you’re here.
And if you look at the facts, if you look only at the evidence, then it will lead you to only one possible conclusion.
Only one.
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 answer will be to find Carlos López guilty of the charges of felony drug possession.
Listen to the evidence. And make your decision based on the facts.
Thank you very much for serving your duty to this great city.”
Bill Harvey glances at Chettle as she walks back to her table. He appreciates her great performance. He almost feels that he should stand and clap as she sits down.
After only one speech, Chettle already has the jury in her soft hands. They already want to believe her every word. Her voice was so soft and sensual that it could melt even the harshest person.
In contrast, Bill’s opening statement is easy on the personality and focuses on the technicalities of the law.
He knows that his client’s personality won’t win this case. He knows that he cannot win based on his client’s appearance. The only hope he has for the case is to present the facts, and then create reasonable doubt in the mind of at least one juror.
The reasonable doubt of one person.
That’s all he needs.
“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. That is the fact as represented by a police report. We are not here to dispute that.
As the prosecution has informed you, your job as a member of this jury is to reach a verdict based on the evidence.
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.
Without proof.
So, let’s be clear – there is no direct evidence, none, that states the briefcase containing drugs belongs to Mr. Carlos López. None. 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 state that he was even near the briefcase at any time.
No evidence.
In this court of law, you cannot convict a man based on assumptions. You simply cannot do that. You need to make a decision based on the facts. The evidence.
And reasonable doubt exists within that collection of evidence.
What is reasonable doubt?
It’s doubt that still exists upon reason and common sense, after careful and impartial consideration of all the evidence.
You will find that you still have that reasonable doubt at the end of this case. Even after all the pieces of evidence are presented in this case, you will have reasonable doubt based purely on common sense.
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.
Right now, Carlos López is presumed innocent.
That’s the way our system works.
Time and time again in this case, you’re going to hear about the presumption of innocence. That means that right now, there is no guilt. Carlos López starts this court case with a blank page. The presumption of innocence means that suspicion, bias, prejudgment, and assumptions have no place in your thoughts.
That is your responsibility to control.
And it’s a big responsibility.
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.
Together, we’re going on a journey. On that journey, I will tell you where the police, and the department’s laboratory and apparent ‘experts’, have ignored obvious evidence, used false science, performed untidy fieldwork, and rushed to a very wrong and early judgment.
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 s
how you where the reasonable doubt lies. We will work as a team to show the prosecution that they have made a mistake.
And that’s ok.
People make mistakes, even police officers.
That is why we have a justice system. That is why police themselves don’t decide the guilt or sentencing 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 dedicates his life to helping people recover from drug addictions; he doesn’t put them there. He even has 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.
We are, as a team, you and I, here to uphold justice.
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.
Judge Windsor will remind you throughout our journey not to make up your minds until the journey is done, because it may be in the last moment of the trial that you discover the reasonable doubt in the final piece of evidence.
And when our journey comes to a close, I will stand before you and ask you for a verdict of Not Guilty.
Because there is no evidence to reasonably convict Carlos López of any crime.
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. I wish you well.”
A solid start by Bill Harvey; one that he hopes is good enough.
Chapter 18
For LAPD Detective Roger Townsend, there is no gray in life. Everything is black and white. Including his clothes.
Redeeming Justice: A Legal Thriller (Bill Harvey Book 2) Page 9
