Майкл Коннелли - Law of Innocence

“Back on the record in California versus Haller, ” she began. “We have a motion to reduce bail. Who will be arguing for the defense?”

“I will,” Jennifer said, standing at the defense table.

“Very well, Ms. Aronson,” Warfield said. “I have the motion before me. Do you have further argument before we hear from the People?”

Jennifer moved to the lectern with a legal pad and a stack of documents to distribute.

“Yes, Your Honor,” she said. “In addition to the cases mentioned in the moving papers, I have additional case law here that supports the motion for a lower bail. This is not charged as a case with extenuating or aggravating circumstances and at no time has the state even hinted at an argument that Mr. Haller is a risk to the community. As far as being a flight risk, he has shown nothing since his arrest except the absolute intention to fight this charge and exonerate himself, despite this baseless attempt to hamper his pro se defense by keeping him locked up and unable to fully prepare his case. Put simply, the prosecution wants to keep Mr. Haller in jail because they are afraid and want to go to trial on a slanted playing field.”

The judge waited a beat in case there was more. Berg stood up at her spot at the prosecution table and waited to be recognized.

“Additionally, Your Honor,” Jennifer said, “I do have a number of witnesses here who are willing to testify, if need be, to the character of Mr. Haller.”

“I’m sure that will not be necessary,” Warfield said. “Ms. Berg? I see you are waiting to respond.”

Berg moved to the lectern as Jennifer vacated it.

“Thank you, Judge Warfield,” she said. “The state opposes lowering bail in this matter because the defendant does have the means and motive to flee. As the court well knows, we are talking about a murder here, the victim of which was found in the trunk of the defendant’s car. And the evidence clearly indicates the murder took place in the defendant’s garage. In fact, Your Honor, the evidence in this case is overwhelming, and this gives the defendant all the reason in the world to flee.”

Jennifer objected to Berg’s characterization of the evidence and her presuming what my state of mind would be. The judge instructed Berg to refrain from such speculation and to continue.

“Additionally, Your Honor,” Berg said. “The state is considering adding a special-circumstance allegation to the charge in this case, which would render the question of bail moot.”

Jennifer shot up out of her seat.

“Objection!” she exclaimed.

I knew this was the battle line. An allegation of special circumstances—murder for hire or for financial gain—would bump the charge to the no-bail level.

“Counsel’s argument is preposterous,” Jennifer protested. “Not only is there no special circumstance that could be applied in this case, but the defense motion was filed last week, and if the state was considering a valid special circumstance allegation, it would have added it by now. The state is blowing smoke, hoping to stop the court from providing Mr. Haller’s right to bail.”

Warfield’s eyes moved from Jennifer to Berg.

“Defense counsel makes a good argument,” the judge said. “What is the special-circumstance allegation the state is supposedly considering?”

“Your Honor, the investigation of this crime is ongoing and we are developing evidence of a financial motive,” Berg said. “And as the court well knows, murder for financial gain is a special-circumstance crime.”

Jennifer angrily spread her hands wide.

“Your Honor,” she said, “is the District Attorney’s Office really asking for bail to be set on the basis of what evidence might be found down the line? This is incredible.”

“Incredible or not, this court is not going to consider what may lie in the future while making rulings in the present,” Warfield said. “Do both sides submit?”

“Submitted,” Jennifer said.

“One moment, Your Honor,” Berg said.

I watched her lean down to confer with her second, a young attorney who wore bow ties. I had a pretty good idea what they were talking about.

Warfield quickly grew impatient.

“Ms. Berg, you asked for time to prepare for this hearing and I gave it. There should be no need for a sidebar with your colleague. Are you ready to submit?”

Berg straightened up and looked at the judge.

“No, Your Honor,” she said. “The state believes that the court should be made aware that there is an ongoing investigation of the defendant relating to a plan to flee the country to Mexico, should he be released on bail.”

Jennifer stood up.

“Your Honor,” she protested. “More unfounded allegations? Is the state so desperate to keep this man in jail that it trumps up an investigation into—”

“Your Honor,” I said, as I stood up. “If I may address this allegation?”

“In a moment, Mr. Haller,” Warfield said. “Ms. Berg, this better be good. Tell me more about this alleged plan to flee the country.”

“Judge, all I know is that a confidential informant in the jail where Mr. Haller is being housed revealed to investigators that the defendant has openly spoken about a plan to cross the border and flee, if he can make bail. The plan includes circumventing an electronic monitor should the court order that as part of a bail reduction, and co-counsel is fully aware of this. The defendant has gone so far as to invite her down to go fishing.”

“What do you say about that, Mr. Haller?” Warfield asked.

“Your Honor, the prosecution’s claim is false on multiple levels, starting with the alleged confidential informant,” I said. “There is no CI. There are only the jail deputies listening in on privileged conversations and then feeding what they hear to the prosecution as intel.”

“That’s a serious allegation, Mr. Haller,” Warfield said. “Do you care to enlighten us with your knowledge?”

The judge gestured toward the lectern and I stepped over.

“Judge Warfield, thank you for the opportunity to bring this matter before the court,” I began. “I have been incarcerated at Twin Towers for six weeks. I elected to go pro se and defend myself with the help of my co-counsel, Ms. Aronson. This meant meetings with my team in the jail as well as calls from the community phones in the K-10 module. These meetings and calls are not supposed to be monitored in any way by law enforcement or anyone else. The privilege is supposed to be sacrosanct.”

“I hope you are going to get to a point soon, Mr. Haller,” the judge interjected.

“Arriving there now, Your Honor,” I responded. “As I said, the privilege is sacrosanct. But I became suspicious that that was not the case at Twin Towers and that somehow what was said in my meetings and phone calls with co-counsel and my investigator was getting back to the D.A.’s Office and Ms. Berg. And so, Your Honor, I set up a little test to either prove or disprove my theory. On a phone call with my co-counsel, I announced that I was having a call with counsel under privilege and stated that the call should not be monitored. But it was. And I spun a story that just came out of Ms. Berg’s mouth almost verbatim.”

Berg stood to speak and I gestured with my hand as if to say your turn. I wanted her to respond because I would then hang her with her own words.

“Your Honor,” Berg began. “Talk about incredible. The defendant’s plan to flee is revealed in court, and his response is to say, ‘Yes, but I was just kidding. I was just testing to see if anyone was listening.’ That’s a confirmation, Your Honor, and reason alone not to reduce bail in this matter but to raise it.”

“Does this mean that counsel for the People acknowledges listening to the privileged call?” I asked.