Part 19 (1/2)
”What's Kurlen doing here?”
”Oh... he might be needed.”
That was a lot of help.
”Last week when you made the offer, that was because you had found the letter, wasn't it? You thought your case was in real trouble.”
She looked up at me and smiled, not giving anything away.
”What changed? Why'd you pull the offer back?”
Again she didn't answer.
”You think he's going to take the Fifth, don't you?”
The shrug again.
”I would,” I said. ”But him...?”
”We'll know soon enough,” she said, dismissively.
I went back to the table and sat down. Trammel whispered to me that she still wasn't clear on what was going on.
”We want Opparizio to testify at trial. He doesn't want to but the only way the judge will let him out of the subpoena is if he says he'll invoke his Fifth Amendment protection against self-incrimination. If he does that, we're dead. He's our straw man. We need to get him on the stand.”
”Do you think he will take the Fifth?”
”I'm betting no. Too much at stake with the media here. He's putting the finis.h.i.+ng touches on a big merger and knows if he takes the nickel the media will be all over him. I think he's just smart enough to think he can talk his way out of it on the stand. That's what I'm counting on. Him thinking he's smarter than everybody else.”
”What if-”
She was cut off by the return of the judge to the bench. He quickly went back on record and Zimmer asked to address the court.
”Your Honor, I would like the record to reflect that against the advice of counsel my client has instructed me to withdraw the motion to quash.”
The judge nodded and pursed his lips. He looked at Opparizio.
”So your client will testify in front of the jury?” he asked.
”Yes, Your Honor,” Zimmer said. ”He has made that decision.”
”You sure about this, Mr. Opparizio? You have a lot of experience sitting with you at that table.”
”Yes, Your Honor,” Opparizio said. ”I'm sure.”
”Then motion withdrawn. Any other business before the court before we begin jury selection tomorrow morning?”
Perry looked past the tables to Freeman. It was a tell. He knew there was further business to discuss. Freeman stood up, file in hand.
”Yes, Your Honor, may I approach?”
”Please do, Ms. Freeman.”
Freeman stepped forward but then waited for the Opparizio team to finish packing and move off the prosecution's table. The judge waited patiently. Finally, she took her place at the table, remaining standing.
”Let me guess,” Perry said. ”You want to talk about Mr. Haller's updated witness list.”
”Yes, Judge, I do. I also have an evidentiary issue to bring up. Which would you like to hear first?”
Evidentiary issue. I suddenly knew why Kurlen was in the courtroom.
”Let's go with the witness list first,” the judge said. ”I saw that one coming.”
”Yes, Your Honor. Mr. Haller has put his co-counsel down on the witness list and I think, first of all, he needs to choose between having Ms. Aronson as second chair and having her as a witness. But second, and more important, Ms. Aronson has already handled the preliminary hearing for the defense as well as other duties, and so the state objects to this sudden move to make her a witness in the trial.”
Freeman sat down and the judge looked over at me.
”Sort of late in the game, isn't it, Mr. Haller?”
I stood.
”Yes, Your Honor, except for the fact that it is no game and it's my client's freedom at stake here. The defense would ask the court for wide lat.i.tude in this regard. Ms. Aronson was intimately involved in the defense against the foreclosure proceedings against my client and the defense has come to the conclusion that she will be needed to explain to jurors what the background was and what was happening at the time of the murder of Mr. Bondurant.”
”And is it your plan to have her do double duty, both witness and defense counsel? That's not going to happen in my courtroom, sir.”
”Your Honor, I a.s.sumed when I put Ms. Aronson's name on the final list that we would have this discussion with Ms. Freeman. The defense is open to the court's decision in regard to this.”
Perry looked at Freeman to see if she had further argument. She held still.
”Very well then,” he said. ”You just lost your second chair, Mr. Haller. I will allow Ms. Aronson to remain on the witness list but tomorrow when we start picking the jury, you're on your own. Ms. Aronson stays clear of my courtroom until she comes in to testify.”
”Thank you, Your Honor,” I said. ”Will she be able to join me as second chair after her testimony is concluded?”
”I don't see that as a problem.” Perry asked, ”Ms. Freeman, you had a second issue for the court?”
Freeman stood back up. I sat down and leaned forward with my pen, ready to take notes. The movement caused a searing pain to cross my torso and I almost groaned out loud.
”Your Honor, the state wants to head off an objection and protest I am sure will come from counsel. Late yesterday, we received a return on DNA a.n.a.lysis of a very small blood trace found on a shoe belonging to the defendant and seized during the search of her house and garage on the day of the murder.”
I felt an invisible punch in my stomach that made my rib pain disappear quickly. I instinctively knew this was going to be a game changer.
”The a.n.a.lysis matches the blood from the shoe to the victim, Mitch.e.l.l Bondurant. Before counsel protests, I must inform the court that a.n.a.lysis of the blood was delayed because of the backup in the lab and because the sample being worked with was rather minute. The difficulty was accentuated by the need to preserve a portion of the sample for the defense.”
I flipped my pen up into the air. It bounced onto the table and then clattered to the floor. I stood up.
”Your Honor, this is just outrageous. On the eve of jury selection? To pull this now? And boy oh boy, that was sure nice of them to leave some for the defense. We'll just run out and get it a.n.a.lyzed before jury selection starts tomorrow. You know, this is just-”