Chasing the Dime (43 page)

Condon nodded.

‘Nobody stops us now,' he said.

‘That's right. We're going to take a media firestorm today and probably over the next few weeks. But we have to figure out the way to turn it to our advantage, to pull investors in, not scare them away. I'm not talking about the daily news. I'm talking about the journals, the industry.'

‘I'll get on it. But you know where we're going to be totally screwed?'

‘Where?'

‘Nicki. She was our spokesperson. We need her. She knew these people, the reporters. Who is going to handle the media on this? They'll be all over this for the next few days, at least, or until the next big thing happens to draw them away.'

Pierce considered this for a few moments. He looked up at the framed poster showing the
Proteus
submarine moving through a sea of many different colors. The human sea.

‘Call her up and hire her back. She can keep the severance. All she has to do is come back.'

Condon paused before replying.

‘Henry, how is that going to work with you two? I doubt she'll consider it.'

Pierce suddenly got excited about the idea. He would tell her that the rehire was strictly professional, that they would have no other relationship outside of work. He then would show her how he had changed. How the dime chased him now, not the other way around.

He thought of the book of Chinese characters he had left open on the coffee table. Forgiveness. He decided that he could make it work. He would win her back and he would make it work.

‘If you want, I'll call her. I'll get — '

His direct line rang and he immediately answered it.

‘Henry, it's Jacob. It's so early there. I thought I was going to get your voice mail.'

‘No, I've been here all night. Did you file it?'

‘I filed it twenty minutes ago. Proteus is protected. You are protected, Henry.'

‘Thank you, Jacob. I'm glad you went last night.'

‘Is everything okay back there?'

‘Everything except we lost Goddard.'

‘Oh my gosh! What happened?'

‘It's a long story. When are you coming back?'

‘I'm going to go visit my brother and his family down in Owings in southern Maryland. I'll fly back Sunday.'

‘Do they have cable down in Owings?'

‘Yes. I'm pretty sure they do.'

‘Keep your eye on CNN. I have a feeling we're going to light it up.'

‘Is there — '

‘Jacob, I'm in the middle of something. I have to go. Go see your brother and get some sleep. I hate red-eye flights.'

Kaz agreed and then they hung up. Pierce looked at Condon.

‘We're in. He filed the package.'

Condon's face lit up.

‘How?'

‘I sent him last night. They can't touch us now, Charlie.'

Condon thought about this for a few moments and then nodded his head.

‘Why didn't you tell me you were sending him?' Pierce just looked at him. He could see the realization in Condon's face, that Pierce had not trusted him.

‘I didn't know, Charlie. I couldn't talk to anybody until I knew.'

Condon nodded but the hurt remained on his face.

‘Must be hard. Living with all that suspicion. Must be hard to be so alone.'

Now it was Pierce's turn to just nod. Condon said he was going to get some coffee and left him alone in the office.

For a few moments Pierce didn't move. He thought about Condon and what he had said. He knew his partner's words were cutting but true. He knew it was time to change all of that.

It was still early in the day but Pierce didn't want to wait to begin. He picked up the phone and called the house on Amalfi Drive.

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Everybody lies.

Cops lie. Lawyers lie. Witnesses lie. The victims lie.

A trial is a contest of lies. And everybody in the courtroom knows this. The judge knows this. Even the jury knows this. They come into the building knowing they will be lied to. They take their seats in the box and agree to be lied to.

The trick if you are sitting at the defense table is to be patient. To wait. Not for just any lie. But for the one you can grab on to and forge like hot iron into a sharpened blade. You then use that blade to rip the case open and spill its guts out on the floor.

That's my job, to forge the blade. To sharpen it. To use it without mercy or conscience. To be the truth in a place where everybody lies.

I was in the fourth day of trial in Department 109 in the downtown Criminal Courts Building when I got the lie that became the blade that ripped the case open. My client, Barnett Woodson, was riding two murder charges all the way to the steel-gray room in San Quentin where they serve you Jesus juice direct through the arm.

Woodson, a twenty-seven-year-old drug dealer from Compton, was accused of robbing and killing two college students from Westwood. They had wanted to buy cocaine from him. He decided instead to take their money and kill them both with a sawed-off shotgun. Or so the prosecution said. It was a black-on-white crime and that made things bad enough for Woodson — especially coming just four months after the riots that had torn the city apart. But what made his situation even worse was that the killer had attempted to hide the crime by weighing down the two bodies and dropping them into the Hollywood Reservoir. They stayed down for four days before popping to the surface like apples in a barrel. Rotten apples. The idea of dead bodies moldering in the reservoir that was a primary source of the city's drinking water caused a collective twist in the community's guts. When Woodson was linked by phone records to the dead men and arrested, the public outrage directed toward him was almost palpable. The District Attorney's Office promptly announced it would seek the death penalty.

The case against Woodson, however, wasn't all that palpable. It was constructed largely of circumstantial evidence — the phone records — and the testimony of witnesses who were criminals themselves. And state's witness Ronald Torrance sat front and center in this group. He claimed that Woodson confessed the killings to him.

Torrance had been housed on the same floor of the Men's Central Jail as Woodson. Both men were kept in a high-power module that contained sixteen single-prisoner cells on two tiers that opened onto a dayroom. At the time, all sixteen prisoners in the module were black, following the routine but questionable jail procedure of “segregating for safety,” which entailed dividing prisoners according to race and gang affiliation to avoid confrontations and violence. Torrance was awaiting trial on robbery and aggravated assault charges stemming from his involvement in looting during the riots. High-power detainees had six a.m. to six p.m. access to the dayroom, where they ate and played cards at tables and otherwise interacted under the watchful eyes of guards in an overhead glass booth. According to Torrance, it was at one of these tables that my client had confessed to killing the two Westside boys.

The prosecution went out of its way to make Torrance presentable and believable to the jury, which had only three black members. He was given a shave, his hair was taken out of cornrows and trimmed short and he was dressed in a pale blue suit with no tie when he arrived in court on the fourth day of Woodson's trial. In direct testimony elicited by Jerry Vincent, the prosecutor, Torrance described the conversation he allegedly had with Woodson one morning at one of the picnic tables. Woodson not only confessed to the killings, he said, but furnished Torrance with many of the telling details of the murders. The point made clear to the jury was that these were details that only the true killer would know.

During the testimony, Vincent kept Torrance on a tight leash with long questions designed to elicit short answers. The questions were overloaded to the point of being leading but I didn't bother objecting, even when Judge Companioni looked at me with raised eyebrows, practically begging me to jump in. But I didn't object, because I wanted the counterpoint. I wanted the jury to see what the prosecution was doing. When it was my turn, I was going to let Torrance run with his answers while I hung back and waited for the blade.

Vincent finished his direct at eleven a.m. and the judge asked me if I wanted to take an early lunch before I began my cross. I told him no, I didn't need or want a break. I said it like I was disgusted and couldn't wait another hour to get at the man on the stand. I stood up and took a big, thick file and a legal pad with me to the lectern.

“Mr. Torrance, my name is Michael Haller. I work for the Public Defender's Office and represent Barnett Woodson. Have we met before?”

“No, sir.”

“I didn't think so. But you and the defendant, Mr. Woodson, you two go back a long way, correct?”

Torrance gave an “aw, shucks” smile. But I had done the due diligence on him and I knew exactly who I was dealing with. He was thirty-two years old and had spent a third of his life in jails and prisons. His schooling had ended in the fourth grade when he stopped going to school and no parent seemed to notice or care. Under the state's three-strike law, he was facing the lifetime achievement award if convicted of charges he robbed and pistol-whipped the female manager of a coin laundry. The crime had been committed during three days of rioting and looting that ripped through the city after the not-guilty verdicts were announced in the trial of four police officers accused of the excessive beating of Rodney King, a black motorist pulled over for driving erratically. In short, Torrance had good reason to help the state take down Barnett Woodson.

“Well, we go back a few months is all,” Torrance said. “To high-power.”

“Did you say ‘higher power'?” I asked, playing dumb. “Are you talking about a church or some sort of religious connection?”

“No, high-power module. In county.”

“So you're talking about jail, correct?”

“That's right.”

“So you're telling me that you didn't know Barnett Woodson before that?”

I asked the question with surprise in my voice.

“No, sir. We met for the first time in the jail.”

I made a note on the legal pad as if this were an important concession.

“So then, let's do the math, Mr. Torrance. Barnett Woodson was transferred into the high-power module where you were already residing on the fifth of September earlier this year. Do you remember that?”

“Yeah, I remember him coming in, yeah.”

“And why were you there in high-power?”

Vincent stood and objected, saying I was covering ground he had already trod in direct testimony. I argued that I was looking for a fuller explanation of Torrance's incarceration, and Judge Companioni allowed me the leeway. He told Torrance to answer the question.

“Like I said, I got a count of assault and one of robbery.”

“And these alleged crimes took place during the riots, is that correct?”

With the anti-police climate permeating the city's minority communities since even before the riots, I had fought during jury selection to get as many blacks and browns on the panel as I could. But here was a chance to work on the five white jurors the prosecution had been able to get by me. I wanted them to know that the man the prosecution was hanging so much of its case on was one of those responsible for the images they saw on their television sets back in May.

“Yeah, I was out there like everybody else,” Torrance answered. “Cops get away with too much in this town, you ask me.”

I nodded like I agreed.

“And your response to the injustice of the verdicts in the Rodney King beating case was to go out and rob a sixty-two-year-old woman and knock her unconscious with a steel trash can? Is that correct, sir?”

Torrance looked over at the prosecution table and then past Vincent to his own lawyer, sitting in the first row of the gallery. Whether or not they had earlier rehearsed a response to this question, his legal team couldn't help Torrance now. He was on his own.

“I didn't do that,” he finally said.

“You're innocent of the crime you are charged with?”

“That's right.”

“What about looting? You committed no crimes during the riots?”

After a pause and another glance at his attorney, Torrance said, “I take the fifth on that.”

As expected. I then took Torrance through a series of questions designed so that he had no choice but to incriminate himself or refuse to answer under the protection of the Fifth Amendment. Finally, after he took the nickel six times, the judge grew weary of the point being made over and over and prodded me back to the case at hand. I reluctantly complied.

“All right, enough about you, Mr. Torrance,” I said. “Let's get back to you and Mr. Woodson. You knew the details of this double-murder case before you even met Mr. Woodson in lockup?”

“No, sir.”

“Are you sure? It got a lot of attention.”

“I been in jail, man.”

“They don't have television or newspapers in jail?”

“I don't read no papers and the module's TV been broke since I got there. We made a fuss and they said they'd fix it but they ain't fixed shit.”

The judge admonished Torrance to check his language and the witness apologized. I moved on.

“According to the jail's records, Mr. Woodson arrived in the high-power module on the fifth of September and, according to the state's discovery material, you contacted the prosecution on October second to report his alleged confession. Does that sound right to you?”