The Reversal

“He’s been working on this one since the start because he knows the case comes down to her. She’s our primary witness and without her none of the other evidence matters. Even the hair in the truck is circumstantial. If he takes out Sarah he takes out our case.”

“I get that. But how’s he trying to get rid of her?”

She started flipping through the pages.

“It was delivered at nine and is eighty-six pages long so I haven’t had the time to completely digest it. But it’s a two-pronged effort. He’s attacking her original identification from when she was a kid. Says the setup was prejudicial. And he-”

“That was already argued, accepted by the trial court and it held up on appeal. He’s wasting the court’s time.”

“He’s got a new angle this time. Remember, Kloster’s got Alzheimer’s and is no good as a witness. He can’t tell us about the investigation and he can’t defend himself. So this time out Royce alleges that Kloster told Sarah which man to identify. He pointed Jessup out for her.”

“And what is his backup? Supposedly only Sarah and Kloster were in the room.”

“I don’t know. There’s no backup but my guess is he’s riffing on the radio call Kloster made telling them to make Jessup take off his hat.”

“It doesn’t matter. The lineup was put together to see if Sarah could identify Derek Wilbern, the other driver. Any argument that he then told her to put the finger on Jessup is ridiculous. That ID came quite unexpectedly but naturally and convincingly. This is nothing to get worked up about. Even without Kloster we’ll tear this one up.”

I knew she was right but the first attack wasn’t really what I was most worried about.

“That’s just his opening salvo,” I said. “That’s nothing compared with part two. He also seeks to exclude her entire testimony based on unreliable memory. He’s got her whole drug history laid out in the motion, seemingly down to every chip of meth she ever smoked. He’s got arrest records, jail records, witnesses who detail her consumption of drugs, multiple-partner sex and what they term her belief in out-of-body experiences-I guess she forgot to mention that part up in Port Townsend. And to top it all off, he’s got experts on memory loss and false memory creation as a by-product of meth addiction. So in all, you know what he’s got? He’s got us fucked coming and going.”

Maggie didn’t respond as she was scanning the summary pages at the end of Royce’s motion.

“He’s got investigators here and up in San Francisco,” I added. “It’s thorough and exhaustive, Mags. And you know what? It doesn’t even look like he’s gone up to Port Townsend to interview her yet. He says he doesn’t have to because it doesn’t matter what she says now. It can’t be relied upon.”

“He’ll have his experts and we’ll have ours on rebuttal,” she said calmly. “We expected this part and I’ve already been lining ours up. At worst, we can turn this into a wash. You know that.”

“The experts are only a small part of it.”

“We’ll be fine,” she insisted. “And look at these witnesses. Her ex-husbands and boyfriends. I see Royce conveniently didn’t bother to include their own arrest records here. They’re all tweakers themselves. We’ll make them look like pimps and pedophiles with grudges against her because she left them in the dust when she got straight. She married the first one when she was eighteen and he was twenty-nine. She told us. I’d love to get him in the chair in front of the judge. I really think you are overreacting to this, Haller. We can argue this. We can make him put some of these so-called witnesses in front of the judge and we can knock every one of them out of the box. You’re right about one thing, though. This is Royce’s last best stand. It’s just not going to be good enough.”

I shook my head. She was seeing only what was on paper and what could be blocked or parried with our own swords. Not what was not written.

“Look, this is about Sarah. He knows the judge is not going to want to chop our main witness. He knows we’ll get by this. But he’s putting the judge on notice that this is what he is going to put Sarah through if she takes the stand. Her whole life, every sordid detail, every pipe and dick she ever smoked, she’s going to have to sit up there and take it. Then he’ll trot out some PhD who’ll put pictures of a melted brain on the screen and say this is what meth does. Do we want that for her? Is she strong enough to take it? Maybe we have to go to Royce, offer a deal for time served and some kind of payout from the city. Something everybody can live with.”

Maggie flopped the motion onto the desk.

“Are you kidding me? You’re running scared because of this?”

“I’m not running scared. I’m being realistic. I didn’t go up to Washington. I have no feel for this woman. I don’t know if she can stand up to this or not. Besides, we can always take a second bite of the apple with those cases Bosch has been working.”

Maggie leaned back in her chair.