Resurrection Walk

I called Shami Arslanian to the stand, and Morris immediately stood up to object.

“On what grounds, Mr. Morris?” the judge asked.

“Well, Your Honor, as you know, plaintiff’s counsel filed a request with the court yesterday afternoon,” Morris said. “The request was to use the courtroom audiovisual equipment. As of this moment, Your Honor, the State has received nothing in discovery that would require AV equipment. Counsel is clearly planning to spring something on us that we are not prepared for, and the State objects.”

The judge turned to me.

“Mr. Haller, I did receive and grant your request yesterday afternoon,” she said. “What do you plan to do with my AV equipment that has Mr. Morris so bothered?”

“Thank you, Your Honor,” I said. “May I first state that there has been no violation of the rules of discovery, as Mr. Morris suggests. Today I plan to call Dr. Shami Arslanian as a witness. She is a world-renowned forensics expert who has testified at more than two hundred trials, including several times in Los Angeles in both state and federal court. She has examined this case and the circumstances of Roberto Sanz’s murder and will use the AV equipment to project her findings. If Mr. Morris had paid attention, he would have seen her name on the plaintiff’s witness list from the start. He could have deposed her at his leisure anytime during the past six weeks to find out what she was going to do in court, but he chose not to and now complains that I’ve sandbagged him before I’ve even called Dr. Arslanian to the stand.”

“‘Project,’ Mr. Haller?” Coelho said. “What does that mean exactly?”

“She has produced a re-creation of the crime,” I said. “It is based on forensics, witness statements, and photographic evidence from the crime scene. All of which, I might add, Mr. Morris has had access to for longer than the petitioner.”

The judge’s attention swung back to Morris.

“Your Honor, counsel is leaving out a few facts,” he said. “My office did reach out to Dr. Arslanian on three different occasions to set up a deposition, but each time she said she was still reviewing the case and was not ready to be deposed. Now, on the eve of her testimony, we find out that there is going to be some sort of smoke-and-mirrors re-creation that we are not prepared for and that may not conform to rule seven-oh-two.”

I didn’t wait for the judge to turn her attention back to me. I jumped in.

“Smoke and mirrors, Your Honor?” I said. “Dr. Arslanian has testified as an expert forensics witness for the prosecution more often than for the defense. According to counsel’s statement, all those times she helped convict a defendant were smoke and mirrors too.”

“Okay, counsel, let’s leave the semantic bickering for another day,” Coelho said. “What the court will do is hold a Daubert hearing in which we will hear Dr. Arslanian’s testimony and see this demonstration. At that point, as the trier of fact in the proceeding, as I said before, I will make a decision under seven-oh-two as to whether it helps the court understand the evidence or determine a fact at issue. Mr. Haller, we are losing the morning. Please bring in your witness so we may proceed.”

For a moment I stood still and tried to digest the judge’s ruling.

“Mr. Haller, is your witness here?” the judge said sternly.

“Uh, yes, Your Honor,” I said. “The petitioner calls Dr. Shami Arslanian.”

I sat down and waited while one of the courtroom marshals went out to the hall to retrieve Arslanian. Almost immediately Lucinda grabbed my arm.

“What is going on?” she whispered. “What is Daubert?”

“It’s a hearing within the hearing,” I said. “Dr. Arslanian will testify and show her video re-creation so the judge can determine if it is... valid and useful to her in making a decision in the case. That’s where rule seven-oh-two comes in. It requires expert witnesses to prove their expertise. I’m not worried about it, Lucinda. I mean, if this were in front of a jury I would be unhappy, but the judge will make the call on this, so one way or the other she’s going to know what Dr. Arslanian came up with.”

“But she can kick the whole thing out if she wants?”

“Yes, but remember, you can’t unring a bell. Have you heard that saying before?”

“No.”

“It means that even if the judge kicks out everything, she is still going to know what Dr. A found. So let’s just see what happens, okay?”

“Okay. I trust you, Mickey.”

Now I had to make sure her trust wasn’t misplaced.

30

Dr. Arslanian entered the courtroom carrying a slim computer case. She put it down on the witness chair while she raised her hand and swore to tell the truth. I was already at the lectern and had with me a copy of the Federal Rules of Evidence, the tome open to a page that listed the parameters of rule 702 governing the admissibility of expert testimony. I wanted to be ready for any objections from Morris.

Once Arslanian was seated I began my direct examination.