The Reversal

The DA’s Office had a press conference room that had not been updated since the days they’d used it to hold briefings on the Charles Manson case. Its faded wood-paneled walls and drooping flags in the corner had been the backdrop of a thousand press briefings and they gave all proceedings there a threadbare appearance that belied the true power and might of the office. The state prosecutor was never the underdog in any undertaking, yet it appeared that the office did not have the money for even a fresh coat of paint.

The setting, however, served the announcement on the Jessup decision well. For possibly the first time in these hallowed halls of justice, the prosecution would indeed be the underdog. The decision to retry Jason Jessup was fraught with peril and the realistic likelihood of failure. As I stood at the front of the room next to Gabriel Williams and before a phalanx of video cameras, bright lights and reporters, it finally dawned on me what a terrible mistake I had made. My decision to take on the case in hopes of currying favor with my daughter, ex-wife and myself was going to be met with disastrous consequences. I was going to go down in flames.

It was a rare moment to witness firsthand. The media had gathered to report the end of the story. The DA’s Office would assuredly announce that Jason Jessup would not be subjected to a retrial. The DA might not offer an apology but would at the very least say the evidence was not there. That there was no case against this man who had been incarcerated for so long. The case would be closed and in the eyes of the law as well as the public Jessup would finally be a free and innocent man.

The media is rarely fooled in complete numbers and usually doesn’t react well when it happens. But there was no doubt that Williams had punked them all. We had moved stealthily in the last week, putting together the team and reviewing the evidence that was still available. Not a word had leaked, which must’ve been a first in the halls of the CCB. While I could see the first inkling of suspicion creasing the brows of the reporters who recognized me as we entered, it was Williams who delivered the knockout punch when he wasted no time in stepping before a lectern festooned with microphones and digital recorders.

“On a Sunday morning twenty-four years ago today, twelve-year-old Melissa Landy was taken from her yard in Hancock Park and brutally murdered. An investigation quickly led to a suspect named Jason Jessup. He was arrested, convicted at trial and sentenced to life in prison without parole. That conviction was reversed two weeks ago by the state supreme court and remanded to my office. I am here to announce that the Los Angeles County District Attorney’s Office will retry Jason Jessup in the death of Melissa Landy. The charges of abduction and murder stand. This office intends once again to prosecute Mr. Jessup to the fullest extent of the law.”

He paused to add appropriate gravity to the announcement.

“As you know, the supreme court found that irregularities occurred during the first prosecution-which, of course, occurred more than two decades before the current administration. To avoid political conflicts and any future appearance of impropriety on the part of this office, I have appointed an independent special prosecutor to handle the case. Many of you know of the man standing here to my right. Michael Haller has been a defense counselor of some note in Los Angeles for two decades. He is a fair-minded and respected member of the bar. He has accepted the appointment and has assumed responsibility for the case as of today. It has been the policy of this department not to try cases in the media. However, Mr. Haller and I are willing to answer a few questions as long as they don’t tread on the specifics and evidence of the case.”

There was a booming chorus of voices calling questions out at us. Williams raised his hands for calm in the room.

“One at a time, people. Let’s start with you.”

He pointed to a woman sitting in the first row. I could not remember her name but I knew she worked for the Times. Williams knew his priorities.

“Kate Salters from the Times,” she said helpfully. “Can you tell us how you came to the decision to prosecute Jason Jessup again after DNA evidence cleared him of the crime?”

Before coming into the room, Williams had told me that he would handle the announcement and all questions unless specifically addressed to me. He made it clear that this was going to be his show. But I decided to make it clear from the outset that it was going to be my case.

“I’ll answer that,” I said as I leaned toward the lectern and the microphones. “The DNA test conducted by the Genetic Justice Project only concluded that the bodily fluid found on the victim’s clothing did not come from Jason Jessup. It did not clear him of involvement in the crime. There is a difference. The DNA test only provides additional information for a jury to consider.”