I sat back down and looked at Levin, exchanging eye contact.
"I saw a picture of this woman in court today," I said. "Half her face was pulped. You are saying that's our defense, that she did that to herself?"
Levin opened his file and took out a piece of paper. It was a black-and-white photocopy of the evidence photograph Maggie McPherson had showed me in court. Reggie Campo's swollen face. Levin's source was good but not good enough to get him actual photos. He slid the photocopy across the table to Dobbs and Roulet.
"We'll get the real photos in discovery," I said. "They look worse, a lot worse, and if we go with your story, then the jury-that is, if this gets to a jury-is going to have to buy that she did that to herself."
I watched Roulet study the photocopy. If it had been he who attacked Reggie Campo, he showed no tell while studying his handiwork. He showed nothing at all.
"You know what?" I said. "I like to think I'm a good lawyer and a good persuader when it comes to juries. But even I'm having trouble believing myself with that story."
NINE
It was now Raul Levin's turn in the conference room. We'd spoken while I had been riding into Century City and eating bites of roast beef sandwich. I had plugged my cell into the car's speaker phone and told my driver to put his earbuds in. I'd bought him an iPod his first week on the job. Levin had given me the basics of the case, just enough to get me through the initial questioning of my client. Now Levin would take command of the room and go through the case, using the police and evidence reports to tear Louis Roulet's version of events to shreds, to show us what the prosecution would have on its side. At least initially I wanted Levin to be the one to do this because if there was going to be a good guy/bad guy aspect to the defense, I wanted to be the one Roulet would like and trust. I wanted to be the good guy.
Levin had his own notes in addition to the copies of the police reports he had gotten through his source. It was all material the defense was certainly entitled to and would receive through the discovery process, but usually it took weeks to get it through court channels instead of the hours it had taken Levin. As he spoke he held his eyes down on these documents.
"At ten-eleven last night the LAPD communications center received a nine-one-one emergency call from Regina Campo of seventeen-sixty White Oak Boulevard, apartment two-eleven. She reported an intruder had entered her home and attacked her. Patrol officers responded and arrived on the premises at ten-seventeen. Slow night, I guess, because that was pretty quick. Better than average response to a hot shot. Anyway, the patrol officers were met in the parking lot by Ms. Campo, who said she had fled the apartment after the attack. She informed the officers that two neighbors named Edward Turner and Ronald Atkins were in her apartment, holding the intruder. Officer Santos proceeded to the apartment, where he found the suspect intruder, later identified as Mr. Roulet, lying on the floor and in the command and control of Turner and Atkins."
"They were the two faggots who were sitting on me," Roulet said.
I looked at Roulet and saw the flash of anger quickly fade.
"The officers took custody of the suspect," Levin continued, as if he had not been interrupted. "Mr. Atkins -"
"Wait a minute," I said. "Where was he found on the floor? What room?"
"Doesn't say."
I looked at Roulet.
"It was the living room. It wasn't far from the front door. I never got that far in."
Levin wrote a note to himself before continuing.
"Mr. Atkins produced a folding knife with the blade open, which he said had been found on the floor next to the intruder. The officers handcuffed the suspect, and paramedics were called to treat both Campo and Roulet, who had a head laceration and slight concussion. Campo was transported to Holy Cross Medical Center for continued treatment and to be photographed by an evidence technician. Roulet was taken into custody and booked into Van Nuys jail. The premises of Ms. Campo's apartment were sealed for crime scene processing and the case was assigned to Detective Martin Booker of Valley Bureau detectives."
Levin spread more photocopies of the police photos of Regina Campo's injuries out on the table. There were front and profile shots of her face and two close-ups of bruising around her neck and a small puncture mark under her jaw. The copy quality was poor and I knew the photocopies weren't worthy of serious study. But I did notice that all the facial injuries were on the right side of Campo's face. Roulet had been correct about that. She had either been repeatedly punched by someone's left hand-or possibly her own right hand.
"These were taken at the hospital, where Ms. Campo also gave a statement to Detective Booker. In summary, she said she came home about eight-thirty Sunday night and was home alone when there was a knock at her door at about ten o'clock. Mr. Roulet represented himself as someone Ms. Campo knew and so she opened the door. Upon opening the door she was immediately struck by the intruder's fist and driven backwards into the apartment. The intruder entered and closed and locked the door. Ms. Campo attempted to defend herself but was struck at least twice more and driven to the floor."
"This is such bullshit!" Roulet yelled.
He slammed his fists down on the table and stood up, his seat rolling backwards and banging loudly into the glass window behind him.
"Hey, easy now!" Dobbs cautioned. "You break the window and it's like a plane. We all get sucked out of here and go down."
No one smiled at his attempt at levity.
"Louis, sit back down," I said calmly. "These are police reports, nothing more or less. They are not supposed to be the truth. They are one person's view of the truth. All we are doing here is getting a first look at the case, seeing what we are up against."
Roulet rolled his chair back to the table and sat down without further protest. I nodded to Levin and he continued. I noted that Roulet had long stopped acting like the meek prey I had seen earlier in the day in lockup.
"Ms. Campo reported that the man who attacked her had his fist wrapped in a white cloth when he punched her."
I looked across the table at Roulet's hands and saw no swelling or bruising on the knuckles or fingers. Wrapping his fist could have allowed him to avoid such telltale injuries.
"Was it taken into evidence?" I asked.
"Yes," Levin said. "In the evidence report it is described as a cloth dinner napkin with blood on it. The blood and the cloth are being analyzed."
I nodded and looked at Roulet.
"Did the police look at or photograph your hands?"
Roulet nodded.
"The detective looked at my hands but nobody took pictures."
I nodded and told Levin to continue.
"The intruder straddled Ms. Campo on the floor and grasped one hand around her neck," he said. "The intruder told Ms. Campo that he was going to rape her and that it didn't matter to him whether she was alive or dead when he did it. She could not respond because the suspect was choking her with his hand. When he released pressure she said she told him that she would cooperate."
Levin slid another photocopy onto the table. It was a photo of a black-handled folding knife that was sharpened to a deadly point. It explained the earlier photo of the wound under the victim's neck.
Roulet slid the photocopy over to look at it more closely. He slowly shook his head.
"This is not my knife," he said.
I didn't respond and Levin continued.
"The suspect and the victim stood up and he told her to lead the way to the bedroom. The suspect maintained a position behind the victim and pressed the point of the knife against the left side of her throat. As Ms. Campo entered a short hallway that led to the apartment's two bedrooms she turned in the confined space and pushed her attacker backwards into a large floor vase. As he stumbled backwards over the vase, she made a break for the front door. Realizing that her attacker would recover and catch her at the front door, she ducked into the kitchen and grabbed a bottle of vodka off the counter. When the intruder passed by the kitchen on his way to th
e front door to catch her, Ms. Campo stepped out of the blind and struck him on the back of the head, knocking him to the floor. Ms. Campo then stepped over the fallen man and unlocked the front door. She ran out the door and called the police from the first-floor apartment shared by Turner and Atkins. Turner and Atkins returned to the apartment, where they found the intruder unconscious on the floor. They maintained control of him as he started to regain consciousness and remained in the apartment until police arrived."
"This is incredible," Roulet said. "To have to sit here and listen to this. I can't believe what has happened to me. I DID NOT do this. This is like a dream. She is lying! She -"
"If it is all lies, then this will be the easiest case I ever had," I said. "I will tear her apart and throw her entrails into the sea. But we have to know what she has put on the record before we can construct traps and go after her. And if you think this is hard to sit through, wait until we get to trial and it's stretched out over days instead of minutes. You have to control yourself, Louis. You have to remember that you will get your turn. The defense always gets its turn."
Dobbs reached over and patted Roulet on the forearm, a nice fatherly gesture. Roulet pulled his arm away.
"Damn right you are going to go after her," Roulet said, pointing a finger across the table at my chest. "I want you to go after her with everything we've got."
"That's what I am here for, and you have my promise I will. Now, let me ask my associate a few questions before we finish up here."
I waited to see if Roulet had anything else to say. He didn't. He leaned back into his chair and clasped his hands together.
"You finished, Raul?" I asked.
"For now. I'm still working on all the reports. I should have a transcript of the nine-one-one call tomorrow morning and there will be more stuff coming in."
"Good. What about a rape kit?"
"There wasn't one. Booker's report said she declined, since it never got to that."
"What's a rape kit?" Roulet asked.
"It's a hospital procedure where bodily fluids, hair and fibers are collected from the body of a rape victim," Levin said.
"There was no rape!" Roulet exclaimed. "I never touched -"
"We know that," I said. "That's not why I asked. I am looking for cracks in the state's case. The victim said she was not raped but was reporting what was certainly a sex crime. Usually, the police insist on a rape kit, even when a victim claims there was no sexual assault. They do this just in case the victim actually has been raped and is just too humiliated to say so or might be trying to keep the full extent of the crime from a husband or family member. It's standard procedure, and the fact that she was able to talk her way out of it might be significant to us."
"She didn't want the first guy's DNA showing up in her," Dobbs said.
"Maybe," I said. "It might mean any number of things. But it might be a crack. Let's move on. Raul, is there any mention anywhere about this guy who Louis saw her with?"
"No, none. He's not in the file."
"And what did crime scene find?"
"I don't have the report but I am told that no evidence of any significant nature was located during the crime scene evaluation of the apartment."
"That's good. No surprises. What about the knife?"
"Blood and prints on the knife. But nothing back on that yet. Tracing ownership will be unlikely. You can buy those folding knives in any fishing or camping store around."
"I'm telling you, that is not my knife," Roulet interjected.
"We have to assume the fingerprints will be from the man who turned it in," I said.
"Atkins," Levin responded.
"Right, Atkins," I said, turning to Louis. "But it would not surprise me to find prints from you on it as well. There is no telling what occurred while you were unconscious. If she put blood on your hand, then she probably put your prints on the knife."
Roulet nodded his agreement and was about to say something, but I didn't wait for him.
"Is there any statement from her about being at Morgan's earlier in the evening?" I asked Levin.
He shook his head.
"No, the interview with the victim was in the ER and not formal. It was basic and they didn't go back with her to the early part of the evening. She didn't mention the guy and she didn't mention Morgan's. She just said she had been home since eight-thirty. They asked about what happened at ten. They didn't really get into what she had been doing before. I'm sure that will all be covered in the follow-up investigation."
"Okay, if and when they go back to her for a formal, I want that transcript."
"I'm on it. It will be a sit-down on video when they do it."
"And if crime scene does a video, I want that, too. I want to see her place."
Levin nodded. He knew I was putting on a show for the client and Dobbs, giving them a sense of my command of the case and all the irons that were going into the fire. The reality was I didn't need to tell Raul Levin any of this. He already knew what to do and what to get for me.
"Okay, what else?" I asked. "Do you have any questions, Cecil?"
Dobbs seemed surprised by the focus suddenly shifting to him. He quickly shook his head.
"No, no, I'm fine. This is all good. We're making good progress."
I had no idea what he meant by "progress," but I let it go by without question.
"So what do you think?" Roulet asked.
I looked at him and waited a long moment before answering.
"I think the state has got a strong case against you. They have you in her home, they have a knife and they have her injuries. They also have what I am assuming is her blood on your hands. Added to that, the photos are powerful. And, of course, they will have her testimony. Having never seen or spoken to the woman, I don't know how impressive she will be."
I stopped again and milked the silence even longer before continuing.
"But there is a lot they don't have-evidence of break-in, DNA from the suspect, a motive or even a suspect with a past record of this or any sort of crime. There are a lot of reasons-legitimate reasons-for you to have been in that apartment. Plus . . ."
I looked past Roulet and Dobbs and out the window. The sun was dropping behind Anacapa and turning the sky pink and purple. It beat anything I ever saw from the windows of my office.
"Plus what?" Roulet asked, too anxious to wait on me.
"Plus you have me. I got Maggie McFierce off the case. The new prosecutor is good but he's green and he'll have never come up against someone like me before."
"So what's our next step?" Roulet asked.
"The next step is for Raul to keep doing his thing, finding out what he can about this alleged victim and why she lied about being alone. We need to find out who she is and who her mystery man is and to see how that plays into our case."
"And what will you do?"
"I'll be dealing with the prosecutor. I'll set something up with him, try to see where he's going and we'll make our choice on which way to go. I have no doubt that I'll be able to go to the DA and knock all of this down to something you can plea to and get behind you. But it will require a concession. You -"
"I told you. I will not -"
"I know what you said but you have to hear me out. I may be able to get a no-contest plea so that you don't actually ever say the word 'guilty,' but I am not seeing the state completely dropping this. You will have to concede responsibility in some regard. It is possible to avoid jail time but you will likely have to perform community service of some sort. There, I've said it. That is the first recitation. There will be more. I am obligated as your attorney to tell you and make sure you understand your options. I know it's not what you want or are willing to do but it is my duty to educate you on the choices. Okay?"
"Fine. Okay."
"Of course, as you know, any concession on your part will pretty much make any civil action Ms. Campo takes against you a slam dunk. So, as you can guess, disposing of the criminal case quickly will probably
end up costing you a lot more than my fee."
Roulet shook his head. The plea bargain was already not an option.
"I understand my choices," he said. "You have fulfilled your duty. But I'm not going to pay her a cent for something I didn't do. I'm not going to plead guilty or no contest to something I didn't do. If we go to trial, can you win?"
I held his gaze for a moment before answering.
"Well, you understand that I don't know what will come up between now and then and that I can't guarantee anything . . . but, yes, based on what I see now, I can win this case. I'm confident of that."
THE LINCOLN LAWYER (2005) Page 9