Michael Connelly: The Lincoln Lawyer

I was about to close the phone when I heard Valenzuela’s voice come back at me.

“And you’ll take care of me for this, right, Mick? I mean, you know, if this is the franchise.”

It was the first time Valenzuela had ever sought assurance of a payback from me. It played further into my paranoia and I carefully constructed an answer that would satisfy him and the bar-if it was listening.

“Don’t worry, Val. You’re on my Christmas list.”

I closed the phone before he could say anything else and told my driver to drop me off at the employee entrance to the courthouse. The line at the metal detector would be shorter and quicker there and the security men usually didn’t mind the lawyers-the regulars-sneaking through so they could make court on time.

As I thought about Louis Ross Roulet and the case and the possible riches and dangers that waited for me, I put the window back down so I could enjoy the morning’s last minute of clean, fresh air. It still carried the taste of promise.

The courtroom in Department 2A was crowded with lawyers negotiating and socializing on both sides of the bar when I got there. I could tell the session was going to start on time because I saw the bailiff seated at his desk. This meant the judge was close to taking the bench.

In Los Angeles County the bailiffs are actually sworn deputy sheriffs who are assigned to the jail division. I approached the bailiff, whose desk was right next to the bar railing so citizens could come up to ask questions without having to violate the space assigned to the lawyers, defendants and courtroom personnel. I saw the calendar on the clipboard in front of him. I checked the nameplate on his uniform-R. Rodriguez-before speaking.

“Roberto, you got my guy on there? Harold Casey?”

The bailiff used his finger to start down the list on the call sheet but stopped quickly. This meant I was in luck.

“Yeah, Casey. He’s second up.”

“Alphabetical today, good. Do I have time to go back and see him?”

“No, they’re bringing the first group in now. I just called. The judge is coming out. You’ll probably have a couple minutes to see your guy in the pen.”

“Thank you.”

I started to walk toward the gate when he called after me.

“And it’s Reynaldo, not Roberto.”

“Right, right. I’m sorry about that, Reynaldo.”

“Us bailiffs, we all look alike, right?”

I didn’t know if that was an attempt at humor or just a dig at me. I didn’t answer. I just smiled and went through the gate. I nodded at a couple lawyers I didn’t know and a couple that I did. One stopped me to ask how long I was going to be up in front of the judge because he wanted to gauge when to come back for his own client’s appearance. I told him I was going to be quick.

During a calendar call incarcerated defendants are brought to the courtroom in groups of four and held in a wood-and-glass enclosure known as the pen. This allows the defendants to confer with their attorneys in the moments before their case is called for whatever matter is before the court.

I got to the side of the pen just as the door from the interior holding cell was opened by a deputy, and the first four defendants on the docket were marched out. The last of the four to step into the pen was Harold Casey, my client. I took a position near the side wall so that we would have privacy on at least one side and signaled him over.

Casey was big and tall, as they tend to recruit them in the Road Saints motorcycle gang-or club, as the membership prefers to be known. While being held in the Lancaster jail he had cut his hair and shaved, as I had requested, and he looked reasonably presentable, except for the tattoos that wrapped both arms and poked up above his collar. But there is only so much you can do. I don’t know much about the effect of tattoos on a jury but I suspect it’s not overly positive, especially when grinning skulls are involved. I do know that jurors in general don’t care for ponytails-on either the defendants or the lawyers who represent them.

Casey, or Hard Case, as he was known in the club, was charged with cultivation, possession and sale of marijuana as well as other drug and weapons charges. In a predawn raid on the ranch where he lived and worked, sheriff’s deputies found a barn and Quonset hut complex that had been turned into an indoor growing facility. More than two thousand fully mature plants were seized along with sixty-three pounds of harvested marijuana packaged in various weights in plastic bags. Additionally, twelve ounces of crystal meth which the packagers sprinkled on the harvested crop to give it an extra kick were seized, along with a small arsenal of weapons, many of them later determined to be stolen.

It would appear that Hard Case was fucked. The state had him cold. He was actually found asleep on a couch in the barn, five feet from the packaging table. Added to this, he had twice previously been convicted of drug offenses and was currently still on parole for the most recent. In the state of California the third time is the charm. Realistically, Casey was facing at least a decade in prison, even with good time.

But what was unusual about Casey was that he was a defendant who was looking forward to trial and even to the likelihood of conviction. He had refused to waive his right to a speedy trial and now, less than three months after his arrest, eagerly wanted to bring it on. He was eager because it was likely that his only hope lay in an appeal of that likely conviction. Thanks to his attorney, Casey saw a glimmer of hope-that small, twinkling light that only a good attorney can bring to the darkness of a case like this. From this glimmer a case strategy was born that might ultimately work to free Casey. It was daring and would cost Casey time as he waited out the appeal, but he knew as well as I did that it was the only real shot he had.

The crack in the state’s case was not in its assumption that Casey was a marijuana grower, packager and seller. The state was absolutely correct in these assumptions and the evidence more than proved it. It was in how the state came to that evidence that the case tottered on an unsteady foundation. It was my job to probe that crack in trial, exploit it, put it on record and then convince an appellate court of what I had not been able to convince Judge Orton Powell of during a pretrial motion to suppress the evidence in the case.

The seed of the prosecution of Harold Casey was planted on a Tuesday in mid-December when Casey walked into a Home Depot in Lancaster and made a number of mundane purchases that included three lightbulbs of the variety used in hydroponic farming. The man behind him in the checkout line happened to be an off-duty sheriff’s deputy about to purchase outdoor Christmas lights. The deputy recognized some of the artwork on Casey’s arms-most notably the skull with halo tattoo that is the emblematic signature of the Road Saints-and put two and two together. The off-duty man then dutifully followed Casey’s Harley as he rode to the ranch in nearby Pearblossom. This information was passed to the sheriff’s drug squad, which arranged for an unmarked helicopter to fly over the ranch with a thermal imaging camera. The subsequent photographs, detailing rich red heat blooms from the barn and Quonset hut, along with the statement of the deputy who saw Casey purchase hydroponic lights, were submitted in an affidavit to a judge. The next morning Casey was rousted from sleep on the couch by deputies with a signed search warrant.

In an earlier hearing I argued that all evidence against Casey should be excluded because the probable cause for the search constituted an invasion of Casey’s right to privacy. Using an individual’s commonplace purchases at a hardware store as a springboard to conduct a further invasion of privacy through surveillance on the ground and in the air and by thermal imaging would surely be viewed as excessive by the framers of the Constitution.