Resurrection Walk

“I would argue that it’s not tainted,” I said. “The evidence was submitted for GSR analysis and was handled by the lab tech according to that protocol, not DNA protocol. Not touch-DNA protocol. Five years ago, there were very few labs that even had protocols for touch DNA. But that was not the purpose of Frank Silver’s original submission.”

“Doesn’t matter,” Morris said. “It’s tainted. It doesn’t come in. Inadmissible, Your Honor.”

I looked at the judge. My argument had been directed toward her, not Morris. But I didn’t want her to make a ruling yet.

“Your Honor,” I said, “I would like to make a motion to the court.”

Morris rolled his eyes.

“Here we go,” he said.

“Mr. Morris, I’ve grown weary of your sarcasm,” Coelho said. “What is your motion, Mr. Haller?”

I leaned forward over the edge of her desk, shortening the distance between us and cutting Morris out of my peripheral vision. This was between me and the judge.

“Judge, if we want the truth, if this is truly a search for the truth, the court should issue an order to have the unidentified DNA found on the GSR pad compared to DNA swabbed from Sergeant Sanger.”

“No way!” barked Morris. “That is not happening. And it would prove nothing anyway. So what if Sanger’s DNA is on it? She’s on record as having collected the evidence.”

“It proves the setup,” I said. “That she turned over dirty GSR pads that were never wiped over Sanz’s hands. It’s proof of Sanz’s innocence and proof that Sanger is guilty as sin.”

“Your Honor,” Morris said, “you can’t—”

“I’m going to stop you there, Mr. Morris,” the judge said. “This is what we’re going to do. I’ll take Mr. Haller’s motion as well as the question of admissibility under advisement and will issue my decisions after some research and deliberation.”

I frowned. I wanted her to rule on everything right now. Judges and juries were the same. The longer they took to decide, the more likely the outcome would be adverse to the defense.

“We’re going to take our lunch break now and will reconvene court at one o’clock,” the judge continued. “Mr. Haller, have your next witness ready to go then.”

“Your Honor, I can’t put my next witness on,” I said.

“And why is that?” Coelho asked.

“Because I won’t know whom to put on until I know your rulings on these matters,” I said. “They will dictate my next move.”

Coelho nodded.

“Very well,” she said. “Let’s push the afternoon session until two o’clock, and you will have my rulings on these matters then.”

“Thank you, Judge,” I said.

“Thank you, Your Honor,” Morris said.

“You can leave now, gentlemen,” the judge said. “I have work to do. Would you ask Gian to come back here to get my lunch order? I won’t have time to leave chambers.”

“Yes, Judge,” I said.

Morris and I stood up in unison and I followed him out. Once in the hall, I spoke to his back.

“I don’t know how this is going to shake out,” I said. “But just so I’m ready for anything, have Sergeant Sanger back at the courthouse at two.”

“Not my job, man,” he said. “She’s your witness.”

“And she works for you and takes calls from you. Have her there or I tell the judge I told you I was recalling her and you refused to cooperate. You can explain it to her then.”

“Fine.”

When we got to the door to the courtroom, he looked cautiously over his shoulder at me. But I made no move to pin him against the wall as I had done before. And he made no comment that spurred me to do so. But the moment made me realize something. I reached forward and put my hand on the door, preventing him from opening it.

“What are you doing?” he said. “Are you going to attack me again?”

“You knew, didn’t you?” I said.

“Knew what?”

“About my ex-wife. You brought her in here to stir things up, knock me off my game, because you knew about us.”

“I don’t know what you’re talking about. I had no idea you two had been married.”

“Yes, you did. You knew. Who’s the grand master of smoke now, Morris?”

I took my hand off the door and he opened it and went through without another word to me.

42

Team Sanz had a long working lunch at Drago Centro during which I reported on the in camera hearing and we planned the endgame of the case, which would depend on how the judge ruled. If the lab results were admitted, the strategy was obvious: I’d use Silver and Arslanian to introduce the timeline and evidence and then I’d bring it all home by calling Sanger back to the stand and confronting her with solid evidence that the GSR pads she had turned in had not been wiped over Lucinda Sanz’s hands. But if Coelho ruled the lab results inadmissible, I was left with only Sanger and not a lot to back up any sort of confrontational examination. Agent MacIsaac had given me a tip, but it was nothing more than innuendo. Sanger might be able to bat it away like it was a fly buzzing around her face.

“If you were betting, which way do you think she’ll go?” Bosch asked at one point.