Michael Connelly - The Crossing

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Can Harry Bosch defend a man accused of murder without betraying everything he believes in?
Six months ago, Harry Bosch left the LAPD before they could fire him, and then hired maverick Defense Attorney Mickey Haller to sue the department for forcing him out. Although it wasn’t the way he wanted to go, Harry has to admit that being out of the game has its benefits. Until Mickey asks him to help on one of his cases, and suddenly Harry is back where he belongs, right in the centre of a particularly puzzling murder mystery. The difference is, this time Harry is working for the defense, aiming to prevent the accused, Da’Quan Foster, from being convicted. And not only does the prosecution seem to have a cast-iron case, but having crossed over to ‘the dark side’ as his former colleagues would put it, Harry is in danger of betraying the very principles he’s lived by his whole career.

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At times as he watched from the witness stand, Bosch wondered whether Haller was playing to the judge or the media. It was his practice to ask a question and when the prosecutor objected, to look at the judge first and then at the gathered members of the media in the gallery.

The deputy district attorney assigned to handle the hearing was named Brad Landreth. He was replacing Ellen Tasker for the announced reason that the 995 hearing conflicted with a trial she was finishing. But the inside word was that the District Attorney’s Office viewed the case as a wounded duck that wasn’t going to fly. They took one of their top prosecutors off it to keep her trial record blemish-free. Landreth’s unenviable job was to try to keep the case on the rails while the Sheriff’s Department and the LAPD continued the glacier-like progress of their investigation. Bosch viewed Landreth as a talented and hardworking prosecutor but not one who would be a match for Mickey Haller.

With multiple objections from Landreth being routinely overruled, it took Haller almost two hours to lead Bosch through his testimony and the introduction of what was now called the Schubert recording. Since the hearing was only before a judge, Haller adopted an informal presentation and never stood during the examination. He remained sitting at the defense table next to Foster, who was clad in a blue jailhouse jumpsuit.

Haller and Bosch hit all the notes they had planned and rehearsed and then it was Landreth’s opportunity for cross-examination. He rose from his seat and went to the lectern, choosing the more formal and perhaps more intimidating stance to question the former police detective.

Rather than attack Bosch’s story on its merits, Landreth chose to potshot Bosch’s methods, his skirting of legalities and shading of truthfulness. He adopted the timeworn strategy of attacking the messenger if the message is unassailable. The exchange regarding each person encountered during Bosch’s investigation was repeated several times:

Landreth: “Did you tell this individual that you were a police officer?”

Bosch: “No, I did not.”

Landreth: “But isn’t it true that you did not dissuade him from his belief that he was indeed talking to a sworn law enforcement officer?”

Bosch: “No, not true. He didn’t think I was a police officer because I never told him I was. I had no badge, no gun, and I didn’t say I was a cop.”

The strategy grew tiresome for everyone in the courtroom, especially Judge Sackville, who had allotted only the morning’s hours for the hearing. He was soon ruling on objections before Haller could completely articulate them. He repeatedly ordered Landreth to move along and finally told the prosecutor that he was wasting the court’s valuable time.

Landreth finally ended his cross and Bosch was able to step down and take a seat at the defense table next to Haller. Sitting there gave Bosch an uneasy feeling. He felt like he was on the wrong side of the room, as though he were driving a car with the steering wheel on the right.

Haller didn’t notice his discomfort. He drummed his fingers on the table as he contemplated his next move. The judge finally prompted him.

“Mr. Haller, do you have another witness?”

Haller leaned toward Bosch and whispered in his ear.

“Let’s roll the dice here, see if we can’t get them to step into the bear trap.”

He then stood up and addressed the court.

“No other witnesses, Your Honor. The defense is ready to argue the matter.”

As Haller sat back down, Sackville turned his attention to Landreth.

“Does the state wish to call witnesses?” he asked.

Landreth stood.

“The state calls Sheriff’s Detective Lazlo Cornell.”

Cornell rose from his position at the prosecution table and walked to the witness stand. After being sworn in by the clerk, he began his testimony, with Landreth leading him through the steps of his own investigation of the Alexandra Parks murder.

Bosch leaned back at one point and glanced at his daughter. He nodded and she nodded back. He then glanced from Maddie to Mendenhall and they caught eyes. A small smile played on the Internal Affairs detective’s face. Earlier, in the hallway outside the courtroom, Bosch had introduced Mendenhall to his daughter as the woman who had saved his life twice. It had embarrassed Mendenhall and maybe Maddie, but Harry was happy that he had made the introduction in the way he had.

Landreth used Cornell to hammer down the horror of the murder of Alexandra Parks and the painstaking detail of the crime scene investigation and subsequent autopsy. This eventually led to specific testimony detailing the collection of semen from locations on and inside the body and Cornell’s professional opinion that the DNA material had been deposited during a brutal sexual assault and not planted.

Harrick remained in the courtroom through all of this testimony, his chin up and resolute, holding strong for his wife. His demeanor left no doubt that he believed he was sitting only twelve feet from his wife’s killer. The machinations of the defense were just that to him. An attempt to manipulate the truth. He remained in solidarity with the official line.

Landreth concluded Cornell’s testimony with a softball roundup question about his final conclusions.

“I believe at this time and based on my lengthy experience investigating rape-murders that Ms. Parks was indeed raped and that the semen found on her thigh, on the sheets, and in her vagina was deposited by her attacker during the assault. It was not planted. It was not brought to the scene. I find that to be preposterous.”

Landreth turned the questioning over to Haller.

“Detective Cornell, did any of the investigators or forensics people recover a condom at the crime scene?”

Cornell seemed to scoff at the question.

“No,” he said. “There was a substantial amount of semen collected and no indication that a condom was used in this crime. The semen collected from the body and the sheets was indicative of no condom. It was the killer’s mistake.”

“The killer’s mistake,” Haller repeated. “This is a killer who you say carefully stalked his victim, correct?”

“That is correct.”

“And carefully planned this murder, correct?”

“Correct.”

“Knew that the victim did not own a dog despite the sign at the front of her house, right?”

“We think so.”

“And broke in through a rear window while the victim slept, correct?”

“Correct.”

“So it’s your testimony based on your experience and knowledge of this case that the killer did all of these things, carefully selected and stalked this victim, then meticulously planned and carried out this murder, but then just forgot to bring a condom?”

“It’s possible that he brought a condom but didn’t use it. It is quite possible that in the frenzy of the attack, he forgot to use it.”

“The frenzy? So now you are saying it was a frenzied attack? I thought you testified that it was a carefully planned attack.”

“All I know is that it was one of the most brutal I’ve seen in fourteen years with the Homicide Unit. The brutality indicated a loss of control during the assault.”

The judge stepped in at that point and called for the midmorning break. He told all participants in the hearing to be back in place in fifteen minutes, then jumped up from the bench and disappeared through the door to his chambers.

54

As soon as the courtroom was back in session and Cornell returned to the witness stand, Haller moved in for the kill.

“Were the bathrooms in that house checked, Detective Cornell?” he asked. “The sink traps, I mean, or the toilets to see if the killer had flushed a condom?”

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