“Yeah, well, do you have anything else to drive? When I told you not to take the limo, I didn’t expect you’d be tooling up to your murder trial in one of these. Think about the impressions you are putting out there, Walter. This doesn’t look good. Remember what you told me the first day we met? About having to win outside of the courtroom too? A car like this doesn’t help you with that.”
“My other car is a Carrera GT.”
“Great. What’s that worth?”
“More than this one.”
“Tell you what, why don’t you borrow one of my Lincolns. I even have one that has a plate that says NOT GUILTY. You can drive that.”
“That’s okay. I have access to a nice modest Mercedes. Is that all right?”
“Perfect. Walter, despite everything you told me tonight, I’m going to do my best for you. I think we have a good shot at this.”
“Then, you believe I’m innocent.”
I hesitated.
“I believe you didn’t shoot your wife and Rilz. I’m not sure that makes you innocent, but put it this way: I don’t think you’re guilty of the charges you’re facing. And that’s all I need.”
He nodded.
“Maybe that’s the best I can ask for. Thank you, Mickey.”
After that we didn’t talk much as I concentrated on not wrecking the car, which was worth more than most people’s houses.
Elliot lived in Beverly Hills in a gated estate in the flats south of Sunset. He pushed a button on the car’s ceiling that opened the steel entry gate and we slipped through, Patrick coming in right behind me in the Lincoln. We got out and I gave Elliot his keys. He asked if I wanted to come in for another drink and I reminded him that I didn’t drink. He stuck out his hand and I shook it and it felt awkward, as if we were sealing some sort of deal on what had been revealed earlier. I said good night and got into the back of my Lincoln.
The internal gears were working all the way back to my house. Patrick had been a quick study of my nuances and seemed to know that it was not the time to interrupt with small talk. He let me work.
I sat leaning against the door, my eyes gazing out the window but not seeing the neon world go by. I was thinking about Jerry Vincent and the deal he had made with a party unknown. It wasn’t hard to figure out how it was done. The question of who did it was another matter.
I knew that the jury system relied on random selection on multiple levels. This helped ensure the integrity and cross-social composition of juries. The initial pool of hundreds of citizens summoned to jury duty each week was drawn randomly from voter registrations as well as property and public utility records. Jurors culled from this larger group for the jury selection process in a specific trial were again chosen randomly – this time by a courthouse computer. The list of those prospective jurors was given to the judge presiding over the trial, and the first twelve names or code numbers on the list were called to take the seats in the box for the initial round of voir dire. Again, the order of names or numbers on the list was determined by computer-generated random selection.
Elliot told me that after a trial date had been set in his case, Jerry Vincent was approached by an unknown party and told that a sleeper could be placed on the jury. The catch was that there could be no delays. If the trial moved, the sleeper couldn’t move with it. All of this told me that this unknown party had full access to all levels of the random processes of the jury system: the initial summons to show for jury duty at a specific courthouse on a specific week; the random selection of the venire for the trial; and the random selection of the first twelve jurors to go into the box.
Once the sleeper was in the box, it was up to him to stay there. The defense would know not to oust him with a preemptory strike, and by appearing to be pro-prosecution he would avoid being challenged by the prosecution. It was simple enough, as long as the trial’s date didn’t change.
Stepping it out this way gave me a better understanding of the manipulation involved and who might have engineered it. It also gave me a better understanding of the ethical predicament I was in. Elliot had admitted several crimes to me over dinner. But I was his lawyer and these admissions would remain confidential under the bonds of the attorney-client relationship. The exception to this rule was if I were endangered by my knowledge or had knowledge of a crime that was planned but had not yet occurred. I knew that someone had been bribed by Vincent. That crime had already occurred. But the crime of jury tampering had not yet occurred. That crime wouldn’t take place until deliberations began, so I was duty-bound to report it. Elliot apparently didn’t know of this exception to the rules of client confidentiality or was convinced that the threat of my meeting the same end as Jerry Vincent would keep me in check.
