THE LINCOLN LAWYER (2005)

by Michael Connelly

  Wednesday, May 25

  THIRTY-EIGHT

  After a sleepless night in a bad hotel bed I got to the courthouse early on Wednesday morning and found no welcoming party, no Glendale detectives waiting with smiles and a warrant for my arrest. A flash of relief went through me as I made my way through the metal detector. I was wearing the same suit I had worn the day before but was hoping no one would notice. I did have a fresh shirt and tie on. I keep spares in the trunk of the Lincoln for summer days when I'm working up in the desert and the car's air conditioner can get overwhelmed.

  When I got to Judge Fullbright's courtroom I was surprised to find I was not the first of the trial's players to arrive. Minton was in the gallery, setting up the screen for his PowerPoint presentation. Because the courtroom had been designed before the era of computer-enhanced presentations, there was no place to put a twelve-foot screen in comfortable view of the jury, the judge, and the lawyers. A good chunk of the gallery space would be taken up by the screen, and any spectator who sat behind it wouldn't get to see the show.

  "Bright and early," I said to Minton.

  He looked over from his work and seemed a bit surprised to see me in early as well.

  "Have to work out the logistics of this thing. It's kind of a pain."

  "You could always do it the old-fashioned way and just look at the jury and talk directly to them."

  "No, thanks. I like this better. Did you talk to your client about the offer?"

  "Yeah, no sale. Looks like we ride this one to the end."

  I put my briefcase down on the defense table and wondered if the fact that Minton was setting up for his closing argument meant he had decided against mounting any kind of rebuttal. A sharp jab of panic went through me. I looked over at the state's table and saw nothing that gave me a clue to what Minton was planning. I knew I could flat out ask him but I did not want to give away my appearance of disinterested confidence.

  Instead, I sauntered over to the bailiff's desk to talk to Bill Meehan, the deputy who ran Fullbright's court. I saw on his desk a spread of paperwork. He would have the courtroom calendar as well as the list of custodies bused to the courthouse that morning.

  "Bill, I'm going to grab a cup of coffee. You want something?"

  "No, man, but thanks. I'm set on caffeine. For a while, at least."

  I smiled and nodded.

  "Hey, is that the custody list? Can I take a look and see if any of my clients are on it?"

  "Sure."

  Meehan handed me several pages that were stapled together. It was a listing by name of every inmate that was now housed in the courthouse's jails. Following the name was the courtroom each prisoner was headed to. Acting as nonchalant as I could I scanned the list and quickly found the name Dwayne Jeffery Corliss on it. Minton's snitch was in the building and was headed to Fullbright's court. I almost let out a sigh of relief but kept it all inside. It looked like Minton was going to play things the way I had hoped and planned.

  "Something wrong?" Meehan asked.

  I looked at him and handed back the list.

  "No, why?"

  "I don't know. You look like something happened, is all."

  "Nothing's happened yet but it will."

  I left the courtroom and went down to the cafeteria on the second floor. When I was in line paying for my coffee I saw Maggie McPherson walk in and go directly to the coffee urns. After I paid I walked up behind her as she was mixing powder from a pink packet into her coffee.

  "Sweet 'N Low," I said. "My ex-wife used to tell me that's how she liked it."

  She turned and saw me.

  "Stop, Haller."

  But she smiled.

  "Stop, Haller, or I'll holler," I said. "She used to have to say that, too. A lot."

  "What are you doing? Shouldn't you be up on six getting ready to pull the plug on Minton's PowerPoint?"

  "I'm not worried. In fact, you ought to come up and check it out. Old school versus new school, a battle for the ages."

  "Hardly. By the way, isn't that the same suit you were wearing yesterday?"

  "Yeah, it's my lucky suit. But how do you know what I was wearing yesterday?"

  "Oh, I popped my head in Fullbite's court for a couple minutes yesterday. You were too busy questioning your client to notice."

  I was secretly pleased that she would even notice my suits. I knew it meant something.

  "So, then, why don't you pop your head in again this morning?"

  "Today I can't. I'm too busy."

  "What've you got?"

  "I'm taking over a murder one for Andy Seville. He's quitting to go private and yesterday they divided up his cases. I got the good one."

  "Nice. Does the defendant need a lawyer?"

  "No way, Haller. I'm not losing another one to you."

  "Just kidding. I've got my hands full."

  She snapped a top onto her cup and picked it up off the counter, using a layer of napkins as insulation against its heat.

  "Same here. So I'd wish you good luck today but I can't."

  "Yeah, I know. Gotta keep the company line. Just cheer up Minton when he comes down with his hat in his hand."

  "I'll try."

  She left the cafeteria and I walked over to an empty table. I still had fifteen minutes before the trial was supposed to start up again. I pulled out my cell and called my second ex-wife.

  "Lorna, it's me. We're in play with Corliss. Are you set?"

  "I'm ready."

  "Okay, I'm just checking. I'll call you."

  "Good luck today, Mickey."

  "Thanks. I'll need it. You be ready for the next call."

  I closed the phone and was about to get up when I saw LAPD Detective Howard Kurlen cutting through the tables toward me. The man who put Jesus Menendez in prison didn't look like he was stopping in for a peanut butter and sardine sandwich. He was carrying a folded document. He got to my table and dropped it in front of my coffee cup.

  "What is this shit?" he demanded.

  I started unfolding the document, even though I knew what it was.

  "Looks like a subpoena, Detective. I would've thought you'd know what it is."

  "You know what I mean, Haller. What's the game? I've got nothing to do with that case up there and I don't want to be a part of your bullshit."

  "It's no game and it's no bullshit. You've been subpoenaed as a rebuttal witness."

  "To rebut what? I told you and you already know, I didn't have a goddamn thing to do with that case. It's Marty Booker's and I just talked to him and he said it's gotta be a mistake."

  I nodded like I wanted to be accommodating.

  "I'll tell you what, go on up to the courtroom and take a seat. If it's a mistake I'll get it straightened out as soon as I can. I doubt you'll be here another hour. I'll get you out of there and back chasing the bad guys."

  "How about this? I leave now and you straighten it out whenever the fuck you want."

  "I can't do that, Detective. That is a valid and lawful subpoena and you must appear in that courtroom unless otherwise discharged. I told you, I will do that as soon as I can. The state's got one witness and then it's my turn and I'll take care of it."

  "This is such bullshit."

  He turned from me and stalked back through the cafeteria toward the doorway. Luckily, he had left the subpoena with me, because it was phony. I had never registered it with the court clerk and the scribbled signature at the bottom was mine.

  Bullshit or not, I didn't think Kurlen was leaving the courthouse. He was a man who understood duty and the law. He lived by it. It was what I was counting on. He would be in the courtroom until discharged. Or until he understood why I had called him there.

  THIRTY-NINE

  At 9:30 the judge put the jury in the box and immediately proceeded with the day's business. I glanced back at the gallery and caught sight of Kurlen in the back row. He had a pensive, if not angry, cast to his face. He was close to the door and I didn't know how long he would last. I was
figuring I would need that whole hour I had told him about.

  I glanced further around the room and saw that Lankford and Sobel were sitting on a bench next to the bailiff's desk that was designated for law enforcement personnel. Their faces revealed nothing but they still put the pause in me. I wondered if I would even get the hour I needed.

  "Mr. Minton," the judge intoned, "does the state have any rebuttal?"

  I turned back to the court. Minton stood up, adjusted his jacket and then seemed to hesitate and brace himself before responding.

  "Yes, Your Honor, the state calls Dwayne Jeffery Corliss as a rebuttal witness."

  I stood up and noticed to my right that Meehan, the bailiff, had stood up as well. He was going to go into the courtroom lockup to retrieve Corliss.

  "Your Honor?" I said. "Who is Dwayne Jeffery Corliss and why wasn't I told about him before now?"

  "Deputy Meehan, hold on a minute," Fullbright said.

  Meehan stood frozen with the key to the lockup door poised in his hand. The judge then apologized to the jury but told them they had to go back into the deliberation room until recalled. After they filed through the door behind the box, the judge turned her focus onto Minton.

  "Mr. Minton, do you want to tell us about your witness?"

  "Dwayne Corliss is a cooperating witness who spoke with Mr. Roulet when he was in custody following his arrest."

  "Bullshit!" Roulet barked. "I didn't talk to -"

  "Be quiet, Mr. Roulet," the judge boomed. "Mr. Haller, instruct your client on the danger of outbursts in my courtroom."

  "Thank you, Your Honor."

  I was still standing. I leaned down to whisper in Roulet's ear.

  "That was perfect," I said. "Now be cool and I'll take it from here."

  He nodded and leaned back. He angrily folded his arms across his chest. I straightened up.

  "I'm sorry, Your Honor, but I do share my client's outrage over this last-ditch effort by the state. This is the first we have heard of Mr. Corliss. I would like to know when he came forward with this supposed conversation."

  Minton had remained standing. I thought it was the first time in the trial that we had stood side by side and argued to the judge.

  "Mr. Corliss first contacted the office through a prosecutor who handled the first appearance of the defendant," Minton said. "However, that information was not passed on to me until yesterday when in a staff meeting I was asked why I had never acted on the information."

  This was a lie but not one I wanted to expose. To do so would reveal Maggie McPherson's slip on St. Patrick's Day and it might also derail my plan. I had to be careful. I needed to argue vigorously against Corliss taking the stand but I also needed to lose the argument.

  I put my best look of outrage on my face.

  "This is incredible, Your Honor. Just because the DA's office has a communication problem, my client has to suffer the consequences of not being informed that the state had a witness against him? This man should clearly not be allowed to testify. It's too late to bring him in now."

  "Your Honor," Minton said, jumping in quickly. "I have had no time to interview or depose Mr. Corliss myself. Because I was preparing my closing I simply made arrangements for him to be brought here today. His testimony is key to the state's case because it serves as rebuttal to Mr. Roulet's self-serving statements. To not allow his testimony is a serious disservice to the state."

  I shook my head and smiled in frustration. With his last line Minton was threatening the judge with the loss of the DA's backing should she ever face an election with an opposing candidate.

  "Mr. Haller?" the judge asked. "Anything before I rule?"

  "I just want my objection on the record."

  "So noted. If I were to give you time to investigate and interview Mr. Corliss, how much would you need?"

  "A week."

  Now Minton put on the fake smile and shook his head.

  "That's ridiculous, Your Honor."

  "Do you want to go back and talk to him?" the judge asked me. "I'll allow it."

  "No, Your Honor. As far as I'm concerned all jailhouse snitches are liars. It would do me no good to interview him because anything that comes out of his mouth would be a lie. Anything. Besides, it's not what he has to say. It's what others have to say about him. That's what I would need time for."

  "Then I am going to rule that he can testify."

  "Your Honor," I said. "If you are going to allow him into this courtroom, could I ask one indulgence for the defense?"

  "What is that, Mr. Haller?"

  "I would like to step into the hallway and make a quick phone call to an investigator. It will take me less than a minute."

  The judge thought for a moment and then nodded.

  "Go ahead. I will bring the jury in while you do it."

  "Thank you."

  I hurried through the gate and down the middle aisle. My eyes caught those of Howard Kurlen and he gave me one of his best smirks.

  In the hallway I speed-dialed Lorna Taylor's cell phone and she answered right away.

  "Okay, how far away are you?"

  "About fifteen minutes."

  "Did you remember the printout and the tape?"

  "Got it all right here."

  I looked at my watch. It was a quarter to ten.

  "Okay, well, we're in play here. Don't delay getting here but then I want you to wait out in the hall outside the courtroom. Then at ten-fifteen come into court and give it to me. If I'm crossing the witness, just sit in the first row and wait until I notice you."

  "Got it."

  I closed the phone and went back into the courtroom. The jury was seated and Meehan was leading a man in a gray jumpsuit through the lockup door. Dwayne Corliss was a thin man with stringy hair that wasn't getting washed enough in the lockdown drug program at County-USC. He wore a blue plastic hospital ID band on his wrist. I recognized him. He was the man who had asked me for a business card when I interviewed Roulet in the holding cell my first day on the case.

  Corliss was led by Meehan to the witness box and the court clerk swore him in. Minton took over the show from there.

  "Mr. Corliss, were you arrested on March fifth of this year?"

  "Yes, the police arrested me for burglary and possession of drugs."

  "Are you incarcerated now?"

  Corliss looked around.

  "Um, no, I don't think so. I'm just in the courtroom."

  I heard Kurlen's coarse laugh behind me but nobody joined in.

  "No, I mean are you currently being held in jail? When you are not here in court."

  "I'm in a lockdown drug treatment program in the jail ward at Los Angeles County-USC Medical Center."

  "Are you addicted to drugs?"

  "Yes. I'm addicted to heroin but at the moment I am straight. I haven't had any since I got arrested."

  "More than sixty days."

  "That's right."

  "Do you recognize the defendant in this case?"

  Corliss looked over at Roulet and nodded.

  "Yes, I do."

  "Why is that?"

  "Because I met him in lockup after I got arrested."

  "You are saying that after you were arrested you came into close proximity to the defendant, Louis Roulet?"

  "Yes, the next day."

  "How did that happen?"

  "Well, we were both in Van Nuys jail but in different wards. Then, when we got bused over here to the courts, we were together, first in the bus and then in the tank and then when we were brought into the courtroom for first appearance. We were together all of that time."

  "When you say 'together,' what do you mean?"

  "Well, we sort of stuck close because we were the only white guys in the group we were in."

  "Now, did you talk at all while you were together for all of that time?"

  Corliss nodded his head and at the same time Roulet shook his. I touched my client's arm to caution him to make no demonstrations.

  "Yes, we talked,"
Corliss said.

  "About what?"

  "Mostly about cigarettes. We both needed them but they don't let you smoke in the jail."