The Reversal

I watched Jessup’s eyebrows rise a few centimeters. He hadn’t heard anything about an offer involving money and freedom. This was because I hadn’t made one. But now it would be up to Royce to convince his client that he had not withheld anything from him. Good luck with that.

Royce smiled like he was pleased with my comeback. He leaned back casually and tossed his pen on his legal pad. It was a Montblanc with gold trim and that was no way to treat it.

“This is really going to get good, yes, Mick?” he said. “Well, I’ll tell you. I’m not withdrawing the motion and I think if you had made me an offer involving release and remuneration I would’ve remembered it.”

So he had called my bluff. He’d still have to convince his client. I saw the judge step out from the door of her chambers and start up the three steps to the bench. I took one more whispered shot at Royce.

“Whatever you paid Bell you wasted.”

I stepped over to the prosecution table and remained standing. The judge brought the courtroom to order.

“Okay, back on the record in California versus Jessup. Mr. Haller, do you want to respond to the defendant’s latest motion or take it on submission.”

“Your Honor, the prosecution wishes to respond right now to… this motion.”

“Go right ahead, then.”

I tried to build a good tone of outrage into my voice.

“Judge, I am as cynical as the next guy but I have to say I am surprised by the defense’s tactics here with this motion. In fact, this isn’t a motion. This is very plainly an attempt to subvert the trial system by denying the People of Cal-”

“Your Honor,” Royce interjected, jumping to his feet, “I strenuously object to the character assassination Mr. Haller is putting on the record and before the media. This is nothing more than grand-”

“Mr. Royce, you will have an opportunity to respond after Mr. Haller responds to your motion. Please be seated.”

“Yes, Your Honor.”

Royce sat down and I tried to remember where I was.

“Go ahead, Mr. Haller.”

“Yes, Your Honor, as you know, the prosecution turned over all discovery materials to the defense on Tuesday. What you have before you now is a very disingenuous motion spawned by Mr. Royce’s realization of what he will be up against at trial. He thought the state was going to roll over on this case. He now knows that it is not going to do so.”

“But what does this have to do with the motion at hand, Mr. Haller?” the judge asked impatiently.

“Everything,” I said. “You’ve heard of judge shopping? Well, Mr. Royce is prosecutor shopping. He knows through his examination of discovery materials that Margaret McPherson is perhaps the most important part of the prosecution team. Rather than take on the evidence at trial, he is attempting to undercut the prosecution by splintering the team that has assembled that evidence. Here we are, just four weeks before trial and he makes a move against my second chair. He has hired an attorney with little to no experience in criminal defense, not to mention defending a murder case. Why would he do that, Judge, other than for the purpose of concocting this supposed conflict of interest?”

“Your Honor?”

Royce was on his feet again.

“Mr. Royce,” the judge said, “I told you, you will have your chance.”

The warning was very clear in her voice.

“But, Your Honor, I can’t-”

“Sit down.”

Royce sat down and the judge put her attention back on me.

“Judge, this is a cynical move made by a desperate defense. I would hope that you would not allow him to subvert the intentions of the Constitution.”

Like two men on a seesaw, I went down and Royce immediately popped up.

“One moment, Mr. Royce,” the judge said, holding up her hand and signaling him back down to his seat. “I want to talk to Mr. Bell.”

Now it was Bell’s turn to stand up. He was a well-dressed man with sandy hair and a ruddy complexion, but I could see the apprehension in his eyes. Whether he had come to Royce or Royce had come to him, it was clear that he had not anticipated having to stand in front of a judge and explain himself.

“Mr. Bell, I have not had the pleasure of seeing you practice in my courtroom. Do you handle criminal defense, sir?”

“Uh, no, ma’am, not ordinarily. I am a trial attorney and I have been lead counsel in more than thirty trials. I do know my way around a courtroom, Your Honor.”

“Well, good for you. How many of those trials were murder trials?”

I felt total exhilaration as I watched what I had set in motion take on its own momentum. Royce looked mortified as he watched his plan shatter like an expensive vase.

“None of them were murder trials per se. But several were wrongful death cases.”

“Not the same thing. How many criminal trials do you have under your belt, Mr. Bell?”

“Again, Judge, none were criminal cases.”

“What do you bring to the defense of Mr. Jessup?”

“Your Honor, I bring a wealth of trial experience but I don’t think that my résumé is on point here. Mr. Jessup is entitled to counsel of his choice and-”

“What exactly is the conflict you have with Ms. McPherson?”

Bell looked perplexed.