Switchblade: An Original Story (4 page)

“Your Honor, this case is about a very violent defendant who committed very violent acts. The jury knows this. They won’t be unduly prejudiced by what they saw. The jury is entitled to view and judge for themselves the demeanor of the defendant. Because he voluntarily engaged in violent acts, the prejudice to the defendant is neither undue nor unfair.”

“If I could be heard, Your Honor, I beg to differ with—”

“Besides that,” Medina continued, running me over, “I fear the court is being manipulated by this defendant. He knew full well that he could get a new trial this way. He—”

“Whoa, wait a minute here,” I protested. “Counsel’s objection is replete with unfounded innuendo and—”

“Ms. Medina, the objection is overruled,” the judge said, cutting off all debate. “Even if the prejudice is neither undue nor unfair, Mr. Watts has effectively just fired his attorney. I can’t require Mr. Haller to go forward in these circumstances and I am not inclined to allow Mr. Watts back into this courtroom. Step back. Both of you.”

“Judge, I want the people’s objection on the record.”

“You shall have it. Now step back.”

We went back to our tables and the judge turned off the fan and then addressed the jury.

“Ladies and gentlemen, as I was saying, the event you just witnessed has created a situation prejudicial to the defendant. I believe that it will be too difficult for you to divorce yourself from what you just saw as you deliberate on his guilt or innocence of the charges. Therefore, I must declare a mistrial at this time and discharge you with the thanks of this court and the people of California. Deputy Carlyle will escort you back to the assembly room where you may gather your things and go home.”

The jurors seemed unsure of what to do or whether everything was over. Finally, one brave man in the box stood up and soon the others followed. They filed out through a door at the back of the courtroom.

I looked over at Kristina Medina. She sat at the prosecution table with her chin down, defeated. The judge abruptly adjourned court for the day and left the bench. I folded my ruined handkerchief and put it away.

M
y full day had been scheduled for trial. Suddenly released from it, I had no clients to see, no prosecutors to work, and no place to be. I left the courthouse and walked down Temple to First. At the corner there was a trash can. I took out my handkerchief, held it to my lips and spit all the debris from my mouth into it. I then tossed it away.

I took a right on First and saw the Town Cars parked along the sidewalk. There were six of them in line like a funeral procession, their drivers gathered together on the sidewalk, shooting the shit and waiting. They say imitation is the sincerest form of flattery, but ever since the movie, a whole contingent of Lincoln lawyers had cropped up and routinely crowded the curbs outside the courthouses of L.A. I was both proud and annoyed. I had heard more than a few times that there were other lawyers out there saying they were the inspiration for the film. On top of that, I had jumped into the wrong Lincoln at least three times in the past month.

This time there would be no mistake. As I headed down the hill I pulled my cell phone and called Earl Briggs, my driver. I could see him up ahead. He answered right away and I told him to pop the trunk. Then I hung up.

I saw the trunk of the third Lincoln in line rise and I had my destination. When I got there I put my briefcase down and then took off my jacket, tie, and shirt. I had a T-shirt on underneath, so I wasn’t stopping traffic. I chose a pale blue oxford from the stack of backup shirts I keep in the trunk, unfolded it, and started pulling it on. Earl came over from the klatch with the other drivers. He had been my driver on and off for nearly a decade. Whenever he ran into trouble he came to me and then worked off my fee by driving. This time it wasn’t his own trouble he was paying for. I handled his mother’s foreclosure defense and got her straightened out without her having to go homeless. That got me about six months’ worth of driving from Earl.

I had draped my ruined shirt over the fender. He picked it up and examined it.

“What, somebody spill a whole thing of Hawaiian Punch on you or something?”

“Something like that. Come on, let’s go.”

“I thought you had court all day.”

“I did too. But things change.”

“Where to, then?”

“Let’s go by Philippe’s first.”

“You got it.”

He got in the front and I jumped in the back. After a quick stop at the sandwich shop on Alameda I had Earl point the car west. The next stop was a place called Menorah Manor, near Park La Brea in the Fairfax District. I said I’d be about an hour and got out with my briefcase. I had tucked my fresh shirt in but didn’t bother clipping my tie back on. I wouldn’t need it.

Menorah Manor was a four-story nursing home on Willoughby east of Fairfax. I signed in at the front desk and took the elevator up to the third floor, where I informed the woman at the nurses’ desk that I had a legal consultation with my client David Siegel and was not to be disturbed in his room. She was a pleasant woman who was used to my frequent visits. She nodded her approval and I went down the hallway to room 334.

I entered and closed the door after putting the
DO NOT DISTURB
sign on the outside handle. David “Legal” Siegel was lying in bed, his eyes on the screen of a muted television bolted to the upper wall across from the bed. His thin white hands were on top of a blanket. There was a low hiss from the tube that brought oxygen to his nose. He smiled when he saw me.

“Mickey.”

“Legal, how are you doing today?”

“Same as yesterday. Did you bring anything?”

I pulled the visitor’s chair away from the wall and positioned it so I could sit in his line of vision. At eighty-one years old, he didn’t have a lot of mobility. I opened my briefcase on the bed and turned it so he could reach into it.

“French dip from Philippe the Original. How’s that?”

“Oh, boy,” he said.

Menorah Manor was a kosher joint and I used the legal consultation bit as a way around it. Legal Siegel missed the places he’d eaten at during a near-fifty-year run as a lawyer in downtown. I was happy to bring him the culinary joy. He had been my father’s law partner. He was the strategist, while my father had been the front man, the performer who enacted the strategies in court. After my father died when I was five, Legal stuck around. He took me to my first Dodgers game when I was a kid, sent me to law school when I was older.

A year ago I had come to him after losing the election for district attorney amid scandal and self-destruction. I was looking for life strategy, and Legal Siegel was there for me. In that way, these meetings were legitimate consultations between lawyer and client, only the people at the desk didn’t understand that I was the client.

I helped him unwrap the sandwich and opened the plastic container holding the
jus
that made the sandwiches from Philippe’s so good. There was also a sliced pickle wrapped in foil.

Legal smiled after his first bite and pumped his skinny arm like he had just won a great victory. I smiled. I was glad to bring him something. He had two sons and a bunch of grandchildren but they never came around except on the holidays. As Legal told me, “They need you until they don’t need you.”

When I was with Legal we talked mostly about cases and he would suggest strategies. He was absolute aces when it came to predicting prosecution plans and case roll outs. It didn’t matter that he had not been in a courtroom in this century or that penal codes had changed since his day. He had baseline experience and always had a play. He called them moves, actually—the double-blind move, the judge’s robes move, and so on. I had come to him during the dark time that followed the election. I wanted to learn about my father and how he had dealt with the adversities of his life. But I ended up learning more about the law and how it was like soft lead. How it could be bent and molded.

“The law is malleable,” Legal Siegel always told me. “It’s pliable.”

I considered him to be part of my team, and that allowed me to discuss my cases with him. He’d throw out his ideas and moves. Sometimes I used them and they worked, sometimes not.

He ate slowly. I had learned that if I gave him a sandwich, he could take an hour to eat it, steadily chewing small bites. Nothing went to waste. He ate everything I brought him.

“The girl in three-thirty died last night,” he said between bites. “A shame.”

“I’m sorry to hear that. How old was she?”

“She was young. Early seventies. Just died in her sleep and they carted her out this morning.”

I nodded. I didn’t know what to say. Legal took another bite and reached into my briefcase for a napkin.

“You’re not using the
jus,
Legal. That’s the good stuff.”

“I think I like it dry. Hey, you used the bloody flag move, didn’t you? How’d it go?”

When he’d grabbed the napkin, he had spotted the extra blood capsule I kept in a Ziploc bag. I had it just in case I swallowed the first one by mistake.

“Like a charm,” I said.

“You get the mistrial?”

“Yep. In fact, mind if I use your bathroom?”

I reached into the briefcase and grabbed another Ziploc, this one containing my toothbrush. I went into the room’s bathroom and brushed my teeth. The red dye turned the brush pink at first but soon it was all down the drain.

When I came back to the chair, I noticed that Legal had finished only half his sandwich. I knew the rest must be cold and there was no way I could take it out to the dayroom to heat it in the microwave. But Legal still seemed happy.

“Details,” he demanded.

“Well, I tried to break the witness but she held up. She was a rock. When I returned to the table, I gave him the signal and he did his thing. He hit me a little harder than I was expecting but I’m not complaining. The best part is I didn’t have to make the motion to declare a mistrial. The judge went right to it on his own.”

“Over prosecution’s objection?”

“Oh, yeah.”

“Good. Fuck ’em.”

Legal Siegel was a defense attorney through and through. For him, any ethical question or gray area could be overcome by the knowledge that it is the sworn duty of the defense attorney to present the best defense of his client. If that meant tipping a mistrial when the chips were down, then so be it.

“Now the question is, will he deal now?”

“It’s actually a she, and I think she’ll deal. You should’ve seen the witness after the scuffle. She was scared and I don’t think she’ll be wanting to come back for another trial. I’ll wait a week and have Jennifer call the prosecutor. I think she’ll be ready to deal.”

Jennifer was my associate Jennifer Aronson. She would need to take over representation of Leonard Watts, because if I stayed on, it would look like the setup it was and that Kristina Medina had alluded to in the courtroom.

Medina had refused to negotiate a plea agreement before the trial because Leonard Watts declined to give up his partner, the guy who drove the car that bumped into each of the victims. Watts wouldn’t snitch, and so Medina wouldn’t deal. Things would be different in a week, I thought, for a variety of reasons: I had seen most of the prosecution’s case laid out in the first trial, Medina’s main witness was spooked by what had happened in front of her in court today, and mounting a second trial would be a costly use of taxpayers’ money. Added to that, I had given Medina a glimpse of what might come if the defense presented a case to a jury—namely my intention to explore through expert witnesses the pitfalls of interracial recognition and identification. That was something no prosecutor wanted to deal with in front of a jury.

“Hell,” I said, “she might call me before I even have to go to her.”

That part was wishful thinking but I wanted Legal to feel good about the move he had strategized for me.

While I was up I took the extra blood capsule out of the briefcase and dropped it into the room’s hazardous-waste container. There was no need for it anymore and I didn’t want to risk it breaking open and ruining my paperwork.

My phone buzzed and I pulled it out of my pocket. It was my case manager, Lorna Taylor, calling but I decided to let it go to message. I’d call her back after my visit with Legal.

“What else you got going now?” Legal asked.

I spread my hands.

“Well, no trial now, so I guess I have the rest of the week off. I may go down to arraignment court tomorrow and see if I can pick up a client or two. I could use the work.”

Not only could I use the income but the work would keep me busy and not thinking about the things in my life that were wrong. In that sense the law had become more than a craft and a calling. It kept me sane.

By checking in at Department 130, the arraignment court in the downtown Criminal Courts Building, I had a shot at picking up clients the public defender was dropping because of conflict of interest. Every time the DA filed a multi-defendant case, the PD could take on only one defendant, putting all others in conflict. If those other defendants did not have private counsel, the judge would appoint counsel to them. If I happened to be there twiddling my thumbs, more often than not I’d pick up a case. It paid government scale but it was better than no work and no pay.

“And to think,” Legal said, “at one point last fall you were running five points up in the polls. And now here you are, scrounging around first-appearance court looking for handouts.”

As he had aged, Legal had lost most of the social filters normally employed in polite company.

“Thanks, Legal,” I said. “I can always count on you for a fair and accurate take on my lot in life. It’s refreshing.”

Legal Siegel raised his bony hands in what I guessed was an apologetic gesture.

“I’m just saying.”

“Sure.”

“So what about your daughter, then?”

This was how Legal’s mind worked. Sometimes he couldn’t remember what he’d had for breakfast, but he seemed to always remember that I had lost more than the election the year before. The scandal had cost me the love and companionship of my daughter and any shot I’d had at putting my broken family back together.

“Things are still the same there, but let’s not go down that road today,” I said.

I checked my phone again after feeling the vibration signaling I had received a text. It was from Lorna. She had surmised that I wasn’t taking calls or listening to voice-mail. A text was different.

Her mention of the California penal code number for murder got my attention. It was time to go.

“You know, Mickey, I only bring her up because you don’t.”

“I don’t want to bring her up. It’s too painful, Legal. I get drunk every Friday night so I can sleep through most of Saturday. You know why?”

“No, I don’t know why you would get drunk. You did nothing wrong. You did your job with that guy Galloway or whatever his name was.”

“I drink Friday nights so I am out of it Saturdays because Saturdays were when I used to see my daughter. His name was Gallagher, Sean Gallagher, and it doesn’t matter if I was doing my job. People died and it’s on me, Legal. You can’t hide behind just doing your job when two people get creamed at an intersection by the guy you set free. Anyway, I gotta go.”

I stood up and showed him the phone as if it were the reason I needed to go.

“What, I don’t see you for a month and now you already have to go? I’m not finished with my sandwich here.”

“I saw you last Tuesday, Legal. And I’ll see you sometime next week. If not then, then the week after. You hang in and hold fast.”

“Hold fast? What’s that supposed to mean?”

“It means hold on to what you got. My half brother, the cop, told me that one. Finish that sandwich before they come in here and take it from you.”

I moved toward the door.

“Hey, Mickey Mouse.”

I turned back to him. It was the name he bestowed on me when I was a baby, born at four and a half pounds. Normally I’d tell him not to call me that anymore. But I let him have it so I could go.

“What?”

“Your father always called the jurors the ‘gods of guilt.’ You remember that?”