Michael Connelly: The Lincoln Lawyer

Judge Powell rejected my argument and the case moved toward trial or disposition by plea agreement. In the meantime new information came to light that would bolster Casey’s appeal of a conviction. Analysis of the photographs taken during the flyover of Casey’s house and the focal specifications of the thermal camera used by the deputies indicated the helicopter was flying no more than two hundred feet off the ground when the photographs were taken. The U.S. Supreme Court has held that a law enforcement observation flight over a suspect’s property does not violate an individual’s right to privacy so long as the aircraft is in public airspace. I had Raul Levin, my investigator, check with the Federal Aviation Administration. Casey’s ranch was located beneath no airport flight pattern. The floor for public airspace above the ranch was a thousand feet. The deputies had clearly invaded Casey’s privacy while gathering the probable cause to raid the ranch.

My job now was to take the case to trial and elicit testimony from the deputies and pilot as to the altitude they were flying when they went over the ranch. If they told the truth, I had them. If they lied, I had them. I don’t relish the idea of embarrassing law enforcement officers in open court, but my hope was that they would lie. If a jury sees a cop lie on the witness stand, then the case might as well end right there. You don’t have to appeal a not-guilty verdict. The state has no comebacks from a not-guilty verdict.

Either way, I was confident I had a winner. We just had to get to trial and there was only one thing holding us back. That was what I needed to talk to Casey about before the judge took the bench and called the case.

My client sauntered over to the corner of the pen and didn’t offer a hello. I didn’t, either. He knew what I wanted. We’d had this conversation before.

“Harold, this is calendar call,” I said. “This is when I tell the judge if we’re ready to go to trial. I already know the state’s ready. So today’s about us.”

“So?”

“So, there’s a problem. Last time we were here you told me I’d be getting some money. But here we are, Harold, and no money.”

“Don’t worry. I have your money.”

“That’s why I am worried. You have my money. I don’t have my money.”

“It’s coming. I talked to my boys yesterday. It’s coming.”

“You said that last time, too. I don’t work for free, Harold. The expert I had go over the photos doesn’t work for free, either. Your retainer is long gone. I want some more money or you’re going to have to get yourself a new lawyer. A public defender.”

“No PD, man. I want you.”

“Well, I got expenses and I gotta eat. You know what my nut is each week just to pay for the yellow pages? Take a guess.”

Casey said nothing.

“A grand. Averages out a grand a week just to keep my ad in there and that’s before I eat or pay the mortgage or the child support or put gas in the Lincoln. I’m not doing this on a promise, Harold. I work on green inspiration.”

Casey seemed unimpressed.

“I checked around,” he said. “You can’t just quit on me. Not now. The judge won’t let you.”

A hush fell over the courtroom as the judge stepped out of the door to his chambers and took the two steps up to the bench. The bailiff called the courtroom to order. It was showtime. I just looked at Casey for a long moment and stepped away. He had an amateur, jailhouse knowledge of the law and how it worked. He knew more than most. But he was still in for a surprise.

I took a seat against the rail behind the defendant’s table. The first case called was a bail reconsideration that was handled quickly. Then the clerk called the case of California v. Casey and I stepped up to the table.

“Michael Haller for the defense,” I said.

The prosecutor announced his presence as well. He was a young guy named Victor DeVries. He had no idea what was going to hit him when we got to trial. Judge Orton Powell made the usual inquiries about whether a last-minute disposition in the case was possible. Every judge had an overflowing calendar and an overriding mandate to clear cases through disposition. The last thing any judge wanted to hear was that there was no hope of agreement and that a trial was inevitable.

But Powell took the bad news from DeVries and me in stride and asked if we were ready to schedule the trial for later in the week. DeVries said yes. I said no.

“Your Honor,” I said, “I would like to carry this over until next week, if possible.”

“What is the cause of your delay, Mr. Haller?” the judge asked impatiently. “The prosecution is ready and I want to dispose of this case.”

“I want to dispose of it as well, Your Honor. But the defense is having trouble locating a witness who will be necessary to our case. An indispensable witness, Your Honor. I think a one-week carryover should be sufficient. By next week we should be ready to go forward.”

As expected, DeVries objected to the delay.

“Your Honor, this is the first the state has heard about a missing witness. Mr. Haller has had almost three months to locate his witnesses. He’s the one who wanted the speedy trial and now he wants to wait. I think this is just a delay tactic because he’s facing a case that -”

“You can hold on to the rest of that for the jury, Mr. DeVries,” the judge said. “Mr. Haller, you think one week will solve your problem?”

“Yes, Your Honor.”

“Okay, we’ll see you and Mr. Casey next Monday and you will be ready to go. Is that understood?”

“Yes, Your Honor. Thank you.”

The clerk called the next case and I stepped away from the defense table. I watched a deputy lead my client out of the pen. Casey glanced back at me, a look on his face that seemed to be equal parts anger and confusion. I went over to Reynaldo Rodriguez and asked if I could be allowed back into the holding area to further confer with my client. It was a professional courtesy allowed to most of the regulars. Rodriguez got up, unlocked a door behind his desk and ushered me through. I made sure to thank him by his correct name.

Casey was in a holding cell with one other defendant, the man whose case had been called ahead of his in the courtroom. The cell was large and had benches running along three sides. The bad thing about getting your case called early in the courtroom is that after the hearing you have to sit in this cage until it fills with enough people to run a full bus back to the county jail. Casey came right up to the bars to speak to me.

“What witness were you talking about in there?” he demanded.

“Mr. Green,” I said. “Mr. Green is all we need for this case to go forward.”

Casey’s face contorted in anger. I tried to cut him off at the pass.

“Look, Harold, I know you want to move this along and get to the trial and then the appeal. But you’ve got to pay the freight along the way. I know from long, hard experience that it does me no good to chase people for money after the horse is out of the barn. You want to play now, then you pay now.”

I nodded and was about to turn back to the door that led to freedom. But then I spoke to him again.

“And don’t think the judge in there didn’t know what was going on,” I said. “You got a young prosecutor who’s wet behind the ears and doesn’t have to worry about where his next paycheck’s coming from. But Orton Powell spent a lot of years in the defense bar before he got to the bench. He knows about chasing indispensable witnesses like Mr. Green and he probably won’t look too kindly upon a defendant who doesn’t pay his lawyer. I gave him the wink, Harold. If I want off the case, I’ll get off. But what I’d rather do is come in here next Monday and stand up out there and tell him we found our witness and we are ready to go. You understand?”