"Client conferences can be handled right at the defense table," she responded.
"Yes, Your Honor."
"I don't think we are starting off correctly here, Mr. Haller. When my clerk announces that we will be in session in two minutes, then I expect everyone-including defense attorneys and their clients-to be in place and ready to go."
"I apologize, Your Honor."
"That's not good enough, Mr. Haller. Before the end of court today I want you to pay a visit to my clerk with your checkbook. I am fining you five hundred dollars for contempt of court. You are not in charge of this courtroom, sir. I am."
"Your Honor -"
"Now, can we please have the jury," she ordered, cutting off my protest.
The bailiff opened the jury room door and the twelve jurors and two alternates started filing into the jury box. I leaned over to Roulet, who had just sat down, and whispered.
"You owe me five hundred dollars."
TWENTY-EIGHT
Ted Minton's opening statement was a by-the-numbers model of prosecutorial overkill. Rather than tell the jurors what evidence he would present and what it would prove, the prosecutor tried to tell them what it all meant. He was going for a big picture and this was almost always a mistake. The big picture involves inferences and suggestions. It extrapolates givens to the level of suspicions. Any experienced prosecutor with a dozen or more felony trials under his belt will tell you to keep it small. You want them to convict, not necessarily to understand.
"What this case is about is a predator," he told them. "Louis Ross Roulet is a man who on the night of March sixth was stalking prey. And if it were not for the sheer determination of a woman to survive, we would be here prosecuting a murder case."
I noticed early on that Minton had picked up a scorekeeper. This is what I call a juror who incessantly takes notes during trial. An opening statement is not an offer of evidence and Judge Fullbright had so admonished the jury, but the woman in the first seat in the front row had been writing since the start of Minton's statement. This was good. I like scorekeepers because they document just what the lawyers say will be presented and proved at trial and at the end they go back to check. They keep score.
I looked at the jury chart I had filled in the week before and saw that the scorekeeper was Linda Truluck, a homemaker from Reseda. She was one of only three women on the jury. Minton had tried hard to keep the female content to a minimum because, I believe, he feared that once it was established in trial that Regina Campo had been offering sexual services for money, he might lose the females' sympathy and ultimately their votes on a verdict. I believed he was probably correct in that assumption and I worked just as diligently to get women on the panel. We both ended up using all of our twenty challenges and it was probably the main reason it took three days to seat a jury. In the end I got three women on the panel and only needed one to head off a conviction.
"Now, you are going to hear testimony from the victim herself about her lifestyle being one that we would not condone," Minton told the jurors. "The bottom line is she was selling sex to the men she invited to her home. But I want you to remember that what the victim in this case did for a living is not what this trial is about. Anyone can be a victim of a violent crime. Anyone. No matter what someone does for a living, the law does not allow for them to be beaten, to be threatened at knifepoint or to be put in fear of their lives. It doesn't matter what they do to make money. They enjoy the same protections that we all do."
It was pretty clear to me that Minton didn't even want to use the wordprostitution orprostitute for fear it would hurt his case. I wrote the word down on the legal pad I would take with me to the lectern when I made my statement. I planned to make up for the prosecutor's omissions.
Minton gave an overview of the evidence. He spoke about the knife with the defendant's initials on the blade. He talked about the blood found on his left hand. And he warned the jurors not to be fooled by the defense's efforts to confuse or muddle the evidence.
"This is a very clear-cut and straightforward case," he said as he was winding up. "You have a man who attacked a woman in her home. His plan was to rape and then kill her. It is only by the grace of God that she will be here to tell you the story."
With that he thanked them for their attention and took his seat at the prosecution table. Judge Fullbright looked at her watch and then looked at me. It was 11:40 and she was probably weighing whether to go to a break or let me proceed with my opener. One of the judge's chief jobs during trial is jury management. The judge's duty is to make sure the jury is comfortable and engaged. Lots of breaks, short and long, is often the answer.
I had known Connie Fullbright for at least twelve years, since long before she was a judge. She had been both a prosecutor and defense lawyer. She knew both sides. Aside from being overly quick with contempt citations, she was a good and fair judge-until it came to sentencing. You went into Fullbright's court knowing you were on an even level with the prosecution. But if the jury convicted your client, be prepared for the worst. Fullbright was one of the toughest sentencing judges in the county. It was as if she were punishing you and your client for wasting her time with a trial. If there was any room within the sentencing guidelines, she always went to the max, whether it was prison or probation. It had gotten her a telling sobriquet among the defense pros who worked the Van Nuys courthouse. They called her Judge Fullbite.
"Mr. Haller," she said, "are you planning to reserve your statement?"
"No, Your Honor, but I believe I am going to be pretty quick."
"Very good," she said. "Then we'll hear from you and then we'll take lunch."
The truth was I didn't know how long I would be. Minton had been about forty minutes and I knew I would take close to that. But I had told the judge I'd be quick simply because I didn't like the idea of the jury going to lunch with only the prosecutor's side of the story to think about as they chewed their hamburgers and tuna salads.
I got up and went to the lectern located between the prosecution and defense tables. The courtroom was one of the recently rehabbed spaces in the old courthouse. It had twin jury boxes on either side of the bench. Everything was done in a blond wood, including the rear wall behind the bench. The door to the judge's chambers was almost hidden in the wall, its lines camouflaged in the lines and grain of the wood. The doorknob was the only giveaway.
Fullbright ran her trials like a federal judge. Attorneys were not allowed to approach witnesses without permission and never allowed to approach the jury box. They were required to speak from the lectern only.
Standing now at the lectern, the jury was in the box to my right and closer to the prosecution table than to the defense's. This was fine with me. I didn't want them to get too close a look at Roulet. I wanted him to be a bit of a mystery to them.
"Ladies and gentlemen of the jury," I began, "my name is Michael Haller and I am representing Mr. Roulet during this trial. I am happy to tell you that this trial will most likely be a quick one. Just a few more days of your time will be taken. In the long run you will probably see that it took us longer to pick all of you than it will take to present both sides of the case. The prosecutor, Mr. Minton, seemed to spend his time this morning telling you about what he thinks all the evidence means and who Mr. Roulet really is. I would advise you to simply sit back, listen to the evidence and let your common sense tell you what it all means and who Mr. Roulet is."
I kept my eyes moving from juror to juror. I rarely looked down at the pad I had placed on the lectern. I wanted them to think I was shooting the breeze with them, talking off the top of my head.
"Usually, what I like to do is reserve my opening statement. In a criminal trial the defense always has the option of giving an opener at the start of the trial, just as Mr. Minton did, or right before presenting the defense's case. Normally, I would take the second option. I would wait and make my statement before trotting out all the defense's witnesses and evidence. But this case is different. It's di
fferent because the prosecution's case is also going to be the defense's case. You'll certainly hear from some defense witnesses, but the heart and soul of this case is going to be the prosecution's evidence and witnesses and how you decide to interpret them. I guarantee you that a version of the events and evidence far different from what Mr. Minton just outlined is going to emerge in this courtroom. And when it comes time to present the defense's case, it probably won't even be necessary."
I checked the scorekeeper and saw her pencil moving across the page of her notebook.
"I think that what you are going to find here this week is that this whole case will come down to the actions and motivations of one person. A prostitute who saw a man with outward signs of wealth and chose to target him. The evidence will show this clearly and it will be shown by the prosecution's own witnesses."
Minton stood up and objected, saying I was going out of bounds in trying to impeach the state's main witness with unsubstantiated accusations. There was no legal basis for the objection. It was just an amateurish attempt to send a message to the jury. The judge responded by inviting us to a sidebar.
We walked to the side of the bench and the judge flipped on a sound neutralizer which sent white noise from a speaker on the bench toward the jury and prevented them from hearing what was whispered in the sidebar. The judge was quick with Minton, like an assassin.
"Mr. Minton, I know you are new to felony trial work, so I see I will have to school you as we go. But don't you ever object during an opening statement in my courtroom. This isn't evidence he's presenting. I don't care if he says your own mother is the defendant's alibi witness, you don't object in front of my jury."
"Your Hon-"
"That's it. Go back."
She rolled her seat back to the center of the bench and flicked off the white noise. Minton and I returned to our positions without further word.
"Objection overruled," the judge said. "Continue, Mr. Haller, and let me remind you that you said you would be quick."
"Thank you, Your Honor. That is still my plan."
I referred to my notes and then looked back at the jury. Knowing that Minton would have been intimidated to silence by the judge, I decided to raise the rhetoric up a notch, go off notes and get directly to the windup.
"Ladies and gentlemen, in essence, what you will be deciding here is who the real predator was in this case. Mr. Roulet, a successful businessman with a spotless record, or an admitted prostitute with a successful business in taking money from men in exchange for sex. You will hear testimony that the alleged victim in this case was engaged in an act of prostitution with another man just moments before this supposed attack occurred. And you will hear testimony that within days of this supposedly life-threatening assault, she was back in business once again, trading sex for money."
I glanced at Minton and saw he was doing a slow burn. He had his eyes downcast on the table in front of him and he was slowly shaking his head. I looked up at the judge.
"Your Honor, could you instruct the prosecutor to refrain from demonstrating in front of the jury? I did not object or in any way try to distract the jury during his opening statement."
"Mr. Minton," the judge intoned, "please sit still and extend the courtesy to the defense that was extended to you."
"Yes, Your Honor," Minton said meekly.
The jury had now seen the prosecutor slapped down twice and we weren't even past openers. I took this as a good sign and it fed my momentum. I looked back at the jury and noticed that the scorekeeper was still writing.
"Finally, you will receive testimony from many of the state's own witnesses that will provide a perfectly acceptable explanation for much of the physical evidence in this case. I am talking about the blood and about the knife Mr. Minton mentioned. Taken individually or as a whole, the prosecution's own case will provide you with more than reasonable doubt about the guilt of my client. You can mark it down in your notebooks. I guarantee you will find that you have only one choice at the end of this case. And that is to find Mr. Roulet not guilty of these charges. Thank you."
As I walked back to my seat I winked at Lorna Taylor. She nodded at me as if to say I had done well. My attention was then drawn to the two figures sitting two rows behind her. Lankford and Sobel. They had slipped in after I had first surveyed the gallery.
I took my seat and ignored the thumbs-up gesture given me by my client. My mind was on the two Glendale detectives, wondering what they were doing in the courtroom. Watching me? Waiting for me?
The judge dismissed the jury for lunch and everyone stood while the scorekeeper and her colleagues filed out. After they were gone Minton asked the judge for another sidebar. He wanted to try to explain his objection and repair the damage but not in open court. The judge said no.
"I'm hungry, Mr. Minton, and we're past that now. Go to lunch."
She left the bench, and the courtroom that had been so silent except for the voices of lawyers then erupted in chatter from the gallery and the court workers. I put my pad in my briefcase.
"That was really good," Roulet said. "I think we're already ahead of the game."
I looked at him with dead eyes.
"It's no game."
"I know that. It's just an expression. Listen, I am having lunch with Cecil and my mother. We would like you to join us."
I shook my head.
"I have to defend you, Louis, but I don't have to eat with you."
I took my checkbook out of my briefcase and left him there. I walked around the table to the clerk's station so that I could write out a check for five hundred dollars. The money didn't hurt as much as I knew the bar review that follows any contempt citation would.
When I was finished I turned back to find Lorna waiting for me at the gate with a smile. We planned to go to lunch and then she would go back to manning the phone in her condo. In three days I would be back in business and needed clients. I was depending on her to start filling in my calendar.
"Looks like I better buy you lunch today," she said.
I threw my checkbook into the briefcase and closed it. I joined her at the gate.
"That would be nice," I said.
I pushed through the gate and checked the bench where I had seen Lankford and Sobel sitting a few moments before.
They were gone.
TWENTY-NINE
The prosecution began presenting its case to the jury in the afternoon session and very quickly Ted Minton's strategy became clear to me. The first four witnesses were a 911 dispatch operator, the patrol officers who responded to Regina Campo's call for help and the paramedic who treated her before she was transported to the hospital. In anticipation of the defense strategy, it was clear that Minton wanted to firmly establish that Campo had been brutally assaulted and was indeed the victim in this crime. It wasn't a bad strategy. In most cases it would get the job done.
The dispatch operator was essentially used as the warm body needed to introduce a recording of Campo's 911 call for help. Printed transcripts of the call were handed out to jurors so they could read along with a scratchy audio playback. I objected on the grounds that it was prejudicial to play the audio recording when the transcript would suffice but the judge quickly overruled me before Minton even had to counter. The recording was played and there was no doubt that Minton had started out of the gate strong as the jurors sat raptly listening to Campo scream and beg for help. She sounded genuinely distraught and scared. It was exactly what Minton wanted the jurors to hear and they certainly got it. I didn't dare question the dispatcher on cross-examination because I knew it might give Minton the opportunity to play the recording again on redirect.
The two patrol officers who followed offered different testimony because they did separate things upon arriving at the Tarzana apartment complex in response to the 911 call. One primarily stayed with the victim while the other went up to the apartment and handcuffed the man Campo's neighbors were sitting on-Louis Ross Roulet.
Officer Vivian Maxwell
described Campo as disheveled, hurt and frightened. She said Campo kept asking if she was safe and if the intruder had been caught. Even after she was assured on both questions, Campo remained scared and upset, at one point telling the officer to unholster her weapon and have it ready in case the attacker broke free. When Minton was through with this witness, I stood up to conduct my first cross-examination of the trial.
"Officer Maxwell," I asked, "did you at any time ask Ms. Campo what had happened to her?"
"Yes, I did."
"What exactly did you ask her?"
"I asked what had happened and who did this to her. You know, who had hurt her."
"What did she tell you?"
"She said a man had come to her door and knocked and when she opened it he punched her. She said he hit her several times and then took out a knife."
"She said he took the knife out after he punched her?"
THE LINCOLN LAWYER (2005) Page 27
