Майкл Коннелли - The Law of Innocence

“In fact, Mr. Scales knew Mr. Haller because Mr. Haller was the attorney who defended him most often,” Berg said. “But no matter what crimes Mr. Scales contemplated or committed, he did not deserve to be murdered in the trunk of his lawyer’s car. You must remember that no matter what you hear about Sam Scales, he was the victim in this case.”

While Berg went long, she was also pretty straightforward, sticking closely to what she said the evidence in the case would show. There was a lot but it was all window dressing on the key elements of the case — that the victim was found in my trunk and that ballistic evidence would show that the killing took place in my garage.

There were a few times when I could have objected when Berg strayed from statement into argument, but I was mindful of perceptions. I didn’t want the jury to see me as some sort of petty referee or interrupter, so I let the editorializing go. The prosecutor wrapped it up after eighty-five minutes with a summary of her summary, repeating the major points she promised to deliver during the trial and sounding a lot like a closing argument.

“Ladies and gentlemen, the evidence we will present over the next several days will show that Mr. Haller was engaged in a long-running dispute with Sam Scales over money. It will show that he knew that his best and only chance of getting his money was to kill Sam Scales and draw it from his estate. And it will show beyond a reasonable doubt that he did indeed carry out that plan to kill Mr. Scales in the garage of his home. It would have been the perfect murder if not for the sharp eyes of a police officer who noticed a missing license plate on a dark street. I ask that you pay attention to the evidence presented and not be swayed by efforts to distract you from your very important job. Thank you.”

The judge called for a fifteen-minute break before the defense got its turn. I, of course, was going nowhere. I turned to scan the gallery as people got up to use the restrooms or just stretch their legs. I saw that the courtroom had gotten crowded as the case got underway — more media and more observers from both in and out of the courthouse. I saw several attorneys I knew and other courthouse workers. In the front row were my team and family. Cisco and Lorna. Bosch was there and had even brought his daughter, Maddie. She sat next to my daughter. I smiled at them now.

Kendall Roberts was not in the courtroom. After I was taken into custody, she had assessed her situation and decided to call it quits with me a second time. She had moved out of my house and left no forwarding address. I could not say I was left heartbroken. The strain the case had put on our relationship had been clear even before I was jailed for the second time. In fact, I couldn’t blame her for extricating herself from it all. She had tried to tell me in person, coming to court for one of my hearings, but the circumstances didn’t allow it. So she had written me a note and sent it to the jail. And that was the last I had heard from her.

Toward the end of the break, Hayley got up and squeezed down the row until she came to the railing behind the defense table and in front of Cisco. Since I was a custody, I was not allowed to touch her or get close. But Maggie slid her chair all the way back to the rail.

“Thanks for being here, Hay,” I said.

“Of course,” she said. “I wouldn’t miss it for the world. You’re going to win, Dad. And Mom. You’re going to prove what I already know.”

“Thanks, baby,” I said. “How’s Maddie?”

“She’s good,” Hayley said. “I’m glad she made it. It’s really good to see Uncle Harry too.”

“How long can you stay?” Maggie asked.

“I cleared the whole day,” Hayley said. “I’m not going anywhere. I mean, my mom and dad on the same team — what could be better than that?”

“I hope it doesn’t leave you behind in classes,” Maggie said.

“Don’t worry about my classes,” our daughter, the future lawyer, said. “Just worry about this.”

She gestured to the front of the courtroom, meaning the case. “We’re locked and loaded,” I said. “Confident.”

“That’s good,” Hayley said.

“Do me a favor and keep your eye on the jury,” I said. “If you see anything, let me know during the breaks.”

“Like what?” Hayley asked.

“Like anything,” I said. “A smile, a shake of the head. Somebody falling asleep. I’ll be watching too. But we can use any read we can get.”

“You got it,” she said.

“Thanks for being here,” I said somberly. “I love you.”

“I love you too,” she said. “Both of you.”

She moved back to her seat, and Cisco and Bosch leaned forward to the railing to speak confidentially, even though I had to keep the same separation from them.

“We all set on everything?” I asked.

“We’re good,” Cisco said.

Then he looked at Bosch for agreement and Bosch nodded.

“Good,” Maggie said. “Looking at Dana’s witness list, I’m guessing that the state’s case will go to at least Tuesday. So we should be ready with subpoenas and everything else on Monday, just in case.”

“Done,” Cisco said.

“Good,” Maggie said.

People were returning to their seats. The break was almost over.

“Well, this is it,” I said. “We’re here. I want to thank you guys for everything.”

They both nodded.

“This is what we do,” Cisco said.

I turned back to the table and then leaned toward Maggie, who was already back to studying notes scribbled on a legal pad in front of her.

“You ready?” I asked.

“Of course,” she said. “Quick and dirty.”

The courtroom settled and the judge came back to the bench.

“Mr. Haller,” she said. “Your opening statement.”

I nodded but it was Maggie who stood up and went to the lectern. She carried her legal pad and a glass of water. We had not informed the judge or prosecution who would be making the opening statement for the defense. I picked up a note of surprise on Berg’s face when she turned in her seat toward the lectern, expecting to see me. I hoped it would be the first of many times she would be caught off guard.

“Ladies and gentlemen of the jury, good morning,” Maggie said. “My name is Maggie McPherson and I am co-counsel for the defense on this case. As you have been told by the court, the defendant, Michael Haller, is also representing himself in this trial. More often than not it will be Mr. Haller who stands here to question witnesses and speak to the judge. But for this opening statement we agreed that it would be best for me to speak on his behalf.”

I had a clear view of the entire jury box, and my eyes traveled from one face to another. First the front row and then the back. I saw real interest and attention but I knew this was the group’s first exposure to the defense’s case. I also knew that they might be disappointed by not getting the finer details in Maggie’s speech.

“I am going to be brief here,” she said. “But first let me say congratulations. You are all part of something that is sacred and one of the cornerstones of our democracy. In fact, no institution in modern society is more democratic than a jury. Look at yourselves. You are twelve strangers randomly brought together for one purpose. You will elect a leader and each one of you will have an equal vote. Your duty is so important because you have the power to take away a citizen’s life, liberty, and livelihood. It’s an awesome and urgent responsibility. And once you carry out your charge, you disband and go back to your lives. There is nothing as important as the duty you have agreed to take on in this courtroom.”

When we were married, I had watched Maggie in trial dozens of times and she always riffed in opening statements on the democracy of the jury. There was no change here except that she now stood — for the first time — for the defense. After the preamble, she got down to the case at hand.