My adrenaline jogged up a couple notches as my mind raced and I thought an intruder had left the money on the wall as some sort of threat or message. Then I remembered.
“Maggie,” I said out loud.
I smiled and decided to leave the dollar bill taped to the wall.
I got the calendar out of the briefcase and checked my schedule. It looked like I had the morning free until an 11 A.M. hearing in San Fernando Superior. The case was a repeat client charged with possession of drug paraphernalia. It was a bullshit charge, hardly worth the time and money, but Melissa Menkoff was already on probation for a variety of drug offenses. If she took a fall for something as minor as drug paraphernalia, her probated sentence would kick in and she would end up behind a steel door for six to nine months.
That was all I had on the calendar. After San Fernando my day was clear and I silently congratulated myself for the foresight I must have used in keeping the day after opening day clear. Of course, I didn’t know when I set up the schedule that the death of Raul Levin would send me into Four Green Fields so early, but it was good planning just the same.
The hearing on the Menkoff matter involved my motion to suppress the crack pipe found during a search of her vehicle after a reckless driving stop in Northridge. The pipe had been found in the closed center console of her car. She had told me that she had not given permission to the police to search the car but they did anyway. My argument was that there was no consent to search and no probable cause to search. If Menkoff had been pulled over by police for driving erratically, then there was no reason to search the closed compartments of her car.
It was a loser and I knew it, but Menkoff’s father paid me well to do the best I could for his troubled daughter. And that was exactly what I was going to do at eleven o’clock in San Fernando Court.
For breakfast I had two Tylenols and chased them with fried eggs, toast and coffee. I doused the eggs liberally with pepper and salsa. It all hit the right spots and gave me the fuel to carry on the battle. I turned the pages of the Times as I ate, looking for a story on the murder of Raul Levin. Inexplicably, there was no story. I didn’t understand this at first. Why would Glendale keep the wraps on this? Then I remembered that the Times put out several regional editions of the paper each morning. I lived on the Westside, and Glendale was considered part of the San Fernando Valley. News of a murder in the Valley may have been deemed by Times editors as unimportant to Westside readers, who had their own region’s murders to worry about. I got no story on Levin.
I decided I would have to buy a second copy of the Times off a newsstand on the way to San Fernando Court and check again. Thoughts about which newsstand I would direct Earl Briggs to reminded me that I had no car. The Lincoln was in the parking lot at Four Green Fields—unless it had been stolen during the night—and I couldn’t get my keys until the pub opened at eleven for lunch. I had a problem. I had seen Earl’s car in the commuter lot where I picked him up each morning. It was a pimped-out Toyota with a low-rider profile and spinning chrome rims. My guess was that it had the permanent stink of weed in it, too. I didn’t want to ride in it. In the north county it was an invitation to a police stop. In the south county it was an invitation to get shot at. I also didn’t want Earl to pick me up at the house. I never let my drivers know where I live.
The plan I came up with was to take a cab to my warehouse in North Hollywood and use one of the new Town Cars. The Lincoln at Four Green Fields had over fifty thousand miles on it, anyway. Maybe breaking out the new wheels would help me get past the depression sure to set in because of Raul Levin.
After I had cleaned the frying pan and the dish in the sink I decided it was late enough to risk waking Lorna with a call to confirm my day’s schedule. I went back into the home office and when I picked up the house phone to make the call I heard the broken dial tone that told me I had at least one message waiting.
I called the retrieval number and was told by an electronic voice that I had missed a call at 11:07 A.M. the day before. When the voice recited the number that the missed call had come from, I froze. The number was Raul Levin’s cell phone. I had missed his last call.
“Hey, it’s me. You probably left for the game already and I guess you got your cell turned off. If you don’t get this I’ll just catch you there. But I’ve got another ace for you. I guess you —”
He broke off for a moment at the background sound of a dog barking.
“— could say I’ve got Jesus’s ticket out of the Q. I’ve gotta go, lad.”
That was it. He hung up without a good-bye and had used that stupid brogue at the end. The brogue had always annoyed me. Now it sounded endearing. I missed it already.
I pushed the button to replay the message and listened again and then did it three more times before finally saving the message and hanging up. I then sat there in my desk chair and tried to apply the message to what I knew. The first puzzle involved the time of the call. I did not leave for the game until at least 11:30, yet I had somehow missed the call from Levin that had come in more than twenty minutes earlier.
This made no sense until I remembered the call from Lorna. At 11:07 I had been on the phone with Lorna. My home phone was used so infrequently and so few people had the number that I did not bother to have call waiting installed on the line. This meant that Levin’s last call would have been kicked over to the voicemail system and I would have never known about it as I spoke to Lorna.
That explained the circumstances of the call but not its contents.
Levin had obviously found something. He was no lawyer but he certainly knew evidence and how to evaluate it. He had found something that could help me get Menendez out of prison. He had found Jesus’s ticket out.
The last thing left to consider was the interruption of the dog barking and that was easy. I had been to Levin’s home before and I knew the dog was a high-strung yapper. Every time I had come to the house, I had heard the dog start barking before I had even knocked on the door. The barking in the background on the phone message and Levin hurriedly ending the call told me someone was coming to his door. He had a visitor and it may very well have been his killer.
I thought about things for a few moments and decided that the timing of the call was something I could not in good conscience keep from the police. The contents of the message would raise new questions that I might have difficulty answering, but that was outweighed by the value of the call’s timing. I went into the bedroom and dug through the pockets of the blue jeans I had worn the day before to the game. In one of the back pockets I found the ticket stub from the game and the business cards Lankford and Sobel had given me at the end of my visit to Levin’s house.
I chose Sobel’s card and noticed it only said Detective Sobel on it. No first name. I wondered why that was as I made the call. Maybe she was like me, with two different business cards in alternate pockets. One with her complete name in one, one with the more formal name in the other.
She answered the call right away and I decided to see what I could get from her before I gave her what I had.
“Anything new on the investigation?” I asked.
“Not a lot. Not a lot that I can share with you. We are sort of organizing the evidence we have. We got some ballistics back and —”
“They already did an autopsy?” I said. “That was quick.”
“No, the autopsy won’t be until tomorrow.”
“Then how’d you get ballistics already?”
She didn’t answer but then I figured it out.
“You found a casing. He was shot with an automatic that ejected the shell.”
“You’re good, Mr. Haller. Yes, we found a cartridge.”
“I’ve done a lot of trials. And call me Mickey. It’s funny, the killer ransacked the place but didn’t pick up the shell.”
“Maybe that’s because it rolled across the floor and fell into a heating vent. The killer would have needed a screwdriver and a lot of time.”
I nodded. It w
as a lucky break. I couldn’t count the number of times clients had gone down because the cops had caught a lucky break. Then again, there were a lot of clients who walked because they caught the break. It all evened out in the end.
“So, was your partner right about it being a twenty-two?”
She paused before answering, deciding whether to cross some threshold of revealing case information to me, an involved party in the case but the enemy—a defense lawyer—nonetheless.
“He was right. And thanks to the markings on the cartridge, we even know the exact gun we are looking for.”
I knew from questioning ballistics experts and firearms examiners in trials over the years that marks left on bullet casings during the firing process could identify the weapon even without the weapon in hand. With an automatic, the firing pin, breech block, ejector and extractor all leave signature marks on the bullet casing in the split second the weapon is fired. Analyzing the four markings in unison can lead to a specific make and model of the weapon being identified.
“It turns out that Mr. Levin owned a twenty-two himself,” Sobel said. “But we found it in a closet safe in the house and it’s not a Woodsman. The one thing we have not found is his cell phone. We know he had one but we —”
“He was talking to me on it right before he was killed.”
There was a moment of silence.
“You told us yesterday that the last time you spoke to him was Friday night.”
“That’s right. But that’s why I am calling. Raul called me yesterday morning at eleven-oh-seven and left me a message. I didn’t get it until today because after I left you people yesterday I just went out and got drunk. Then I went to sleep and didn’t realize I had a message from him till right now. He called about one of the cases he was working on for me sort of on the side. It’s an appellate thing and the client’s in prison. A no-rush thing. Anyway, the content of the message isn’t important but the call helps with the timing. And get this, while he’s leaving the message, you hear the dog start to bark. It did that whenever somebody came to the door. I know because I’d been there before and the dog always barked.”
Again she hit me with some silence before responding.
“I don’t understand something, Mr. Haller.”
“What’s that?”
“You told us yesterday you were at home until around noon before you left for the game. And now you say that Mr. Levin left a message for you at eleven-oh-seven. Why didn’t you answer the phone?”
“Because I was on it and I don’t have call waiting. You can check my records, you’ll see I got a call from my office manager, Lorna Taylor. I was talking to her when Raul called. Without call waiting I didn’t know. And of course he thought I had already left for the game so he just left a message.”
“Okay, I understand. We’ll probably want your permission in writing to look at those records.”
“No problem.”
“Where are you now?”
“I’m at home.”
I gave her the address and she said that she and her partner were coming.
“Make it soon. I have to leave for court in about an hour.”
“We’re coming right now.”
I closed the phone feeling uneasy. I had defended a dozen murderers over the years and that had brought me into contact with a number of homicide investigators. But I had never been questioned myself about a murder before. Lankford and now Sobel seemed to be suspicious of every answer I could give. It made me wonder what they knew that I didn’t.
I straightened up things on the desk and closed my briefcase. I didn’t want them seeing anything I didn’t want them to see. I then walked through my house and checked every room. My last stop was the bedroom. I made the bed and put the CD case for Wreckrium for Lil’ Demon back in the night table drawer. And then it hit me. I sat on the bed as I remembered something Sobel had said. She had made a slip and at first it had gone right by me. She had said that they had found Raul Levin’s .22 caliber gun but it was not the murder weapon. She said it was not a Woodsman.
She had inadvertently revealed to me the make and model of the murder weapon. I knew the Woodsman was an automatic pistol manufactured by Colt. I knew this because I owned a Colt Woodsman Sport Model. It had been bequeathed to me many years ago by my father. Upon his death. Once old enough to handle it, I had never even taken it out of its wooden box.
I got up from the bed and went to the walk-in closet. I moved as if in a heavy fog. My steps were tentative and I put my hand out to the wall and then the door casement as if needing my bearings. The polished wooden box was on the shelf where it was supposed to be. I reached up with both hands to bring it down and then walked it out to the bedroom.
I put the box down on the bed and flipped open the brass latch. I raised the lid and pulled away the oilcloth covering.
The gun was gone.
PART TWO
— A World Without Truth
Monday, May 23
TWENTY-SEVEN
T he check from Roulet cleared. On the first day of trial I had more money in my bank account than I’d ever had in my life. If I wanted, I could drop the bus benches and go with billboards. I could also take the back cover of the yellow pages instead of the half page I had inside. I could afford it. I finally had a franchise case and it had paid off. In terms of money, that is. The loss of Raul Levin would forever make this franchise a losing proposition.
We had been through three days of jury selection and were now ready to put on the show. The trial was scheduled for another three days at the most—two for the prosecution and one for the defense. I had told the judge that I would need a day to put my case before the jury, but the truth was, most of my work would be done during the prosecution’s presentation.
There’s always an electric feel to the start of a trial. A nervousness that attacks deep in the gut. So much is on the line. Reputation, personal freedom, the integrity of the system itself. Something about having those twelve strangers sit in judgment of your life and work always jumps things up inside. And I am referring to me, the defense attorney—the judgment of the defendant is a whole other thing. I’ve never gotten used to it, and the truth is, I never want to. I can only liken it to the anxiety and tension of standing at the front of a church on your wedding day. I’d had that experience twice and I was reminded of it every time a judge called a trial to order.
Though my experience in trial work severely outweighed my opponent’s, there was no mistake about where I stood. I was one man standing before the giant maw of the system. Without a doubt I was the underdog. Yes, it was true that I faced a prosecutor in his first major felony trial. But that advantage was evened and then some by the power and might of the state. At the prosecutor’s command were the forces of the entire justice system. And against this all I had was myself. And a guilty client.
I sat next to Louis Roulet at the defense table. We were alone. I had no second and no investigator behind me—out of some strange loyalty to Raul Levin I had not hired a replacement. I didn’t really need one, either. Levin had given me everything I needed. The trial and how it played out would serve as a last testament to his skills as an investigator.
In the first row of the gallery sat C. C. Dobbs and Mary Alice Windsor. In accordance with a pretrial ruling, the judge was allowing Roulet’s mother to be in the courtroom during opening statements only. Because she was listed as a defense witness, she would not be allowed to listen to any of the testimony that followed. She would remain in the hallway outside, with her loyal lapdog Dobbs at her side, until I called her to the stand.
Also in the first row but not seated next to them was my own support section: my ex-wife Lorna Taylor. She had gotten dressed up in a navy suit and white blouse. She looked beautiful and could have blended in easily with the phalanx of female attorneys who descended on the courthouse every day. But she was there for me and I loved her for it.
The rest of the rows in the gallery were sporadically crowded. There
were a few print reporters there to grab quotes from the opening statements and a few attorneys and citizen onlookers. No TV had shown up. The trial had not yet drawn more than cursory attention from the public, and this was good. This meant our strategy of publicity containment had worked well.
Roulet and I were silent as we waited for the judge to take the bench and order the jury into the box so that we could begin. I was attempting to calm myself by rehearsing what I wanted to say to the jurors. Roulet was staring straight ahead at the State of California seal affixed to the front of the judge’s bench.
The courtroom clerk took a phone call, said a few words and then hung up.
“Two minutes, people,” he said loudly. “Two minutes.”
When a judge called ahead to the courtroom, that meant people should be in their positions and ready to go. We were. I glanced over at Ted Minton at the prosecution’s table and saw he was doing the same thing that I was doing. Calming himself by rehearsing. I leaned forward and studied the notes on the legal pad in front of me. Then Roulet unexpectedly leaned forward and almost right into me. He spoke in a whisper, even though it wasn’t necessary yet.
“This is it, Mick.”
“I know.”
Since the death of Raul Levin, my relationship with Roulet had been one of cold endurance. I put up with him because I had to. But I saw him as little as possible in the days and weeks before the trial, and spoke to him as little as possible once it started. I knew the one weakness in my plan was my own weakness. I feared that any interaction with Roulet could lead me into acting out my anger and desire to personally, physically avenge my friend. The three days of jury selection had been torture. Day after day I had to sit right next to him and listen to his condescending comments about prospective jurors. The only way I got through it was to pretend he wasn’t there.
The Lincoln Lawyer Page 24