Read THE LINCOLN LAWYER (2005) Page 33


  "Okay."

  "What were you doing at Morgan's that night?"

  "I was meeting someone."

  "Charles Talbot?"

  "Yes."

  "Now, you were meeting him there to sort of size up whether you wanted to lead him back to your place to engage in sex for hire, correct?"

  She hesitated but then nodded.

  "Please answer verbally," the judge told her.

  "Yes."

  "Would you say that practice is a safety precaution?"

  "Yes."

  "A form of safe sex, right?"

  "I guess so."

  "Because in your profession you deal intimately with strangers, so you must protect yourself, correct?"

  "Yes, correct."

  "People in your profession call this the 'freak test,' don't they?"

  "I've never called it that."

  "But it is true that you meet your prospective clients in a public place like Morgan's to test them out and make sure they aren't freaks or dangerous before you take them to your apartment. Isn't that right?"

  "You could say that. But the truth is, you can never be sure about somebody."

  "That is true. So when you were at Morgan's you noticed Mr. Roulet sitting at the same bar as you and Mr. Talbot?"

  "Yes, he was there."

  "And had you ever seen him before?"

  "Yes, I had seen him there and a few other places before."

  "Had you ever spoken to him?"

  "No, we never talked."

  "Had you ever noticed that he wore a Rolex watch?"

  "No."

  "Had you ever seen him drive up or away from one of these places in a Porsche or a Range Rover?"

  "No, I never saw him driving."

  "But you had seen him before in Morgan's and other places like it."

  "Yes."

  "But never spoke to him."

  "Correct."

  "Then, what made you approach him?"

  "I knew he was in the life, that's all."

  "What do you mean by 'in the life'?"

  "I mean that the other times I had seen him I could tell he was a player. I'd seen him leave with girls that do what I do."

  "You saw him leave with other prostitutes?"

  "Yes."

  "Leave to where?"

  "I don't know, leave the premises. Go to a hotel or the girl's apartment. I don't know that part."

  "Well, how do you know they even left the premises? Maybe they went outside for a smoke."

  "I saw them get into his car and drive away."

  "Ms. Campo, you testified a minute ago that you never saw Mr. Roulet's cars. Now you are saying that you saw him get into his car with a woman who is a prostitute like yourself. Which is it?"

  She realized her misstep and froze for a moment until an answer came to her.

  "I saw him get into a car but I didn't know what kind it was."

  "You don't notice things like that, do you?"

  "Not usually."

  "Do you know the difference between a Porsche and a Range Rover?"

  "One's big and one's small, I guess."

  "What kind of car did you see Mr. Roulet get into?"

  "I don't remember."

  I paused a moment and decided I had milked her contradiction for all it was worth. I looked down at my list of questions and moved on.

  "These women that you saw leave with Mr. Roulet, were they ever seen again?"

  "I don't understand."

  "Did they disappear? Did you ever see them again?"

  "No, I saw them again."

  "Had they been beaten or injured?"

  "Not that I know of but I didn't ask."

  "But all of this added up to you believing that you were safe as far as approaching and soliciting him, correct?"

  "I don't know about safe. I just knew he was probably there looking for a girl and the man I was with already told me he would be finished by ten because he had to go to his business."

  "Well, can you tell the jury why it was that you did not have to sit with Mr. Roulet like you did with Mr. Talbot and subject him to a freak test?"

  Her eyes drifted over to Minton. She was hoping for a rescue but none was coming.

  "I just thought he was a known quantity, that's all."

  "You thought he was safe."

  "I guess so. I don't know. I needed the money and I made a mistake with him."

  "Did you think he was rich and could solve your need for money?"

  "No, nothing like that. I saw him as a potential customer who wasn't new to the game. Somebody who knew what he was doing."

  "You testified that on prior occasions you had seen Mr. Roulet with other women who practice the same profession as yourself?"

  "Yes."

  "They're prostitutes."

  "Yes."

  "Do you know them?"

  "We're acquaintances."

  "And do you extend professional courtesy to these women in terms of alerting them to customers who might be dangerous or unwilling to pay?"

  "Sometimes."

  "And they extend the same professional courtesy to you, right?"

  "Yes."

  "How many of them warned you about Louis Roulet?"

  "Well, nobody did, or I wouldn't have gone with him."

  I nodded and looked at my notes for a long moment before continuing. I then led her in more detail through the events at Morgan's and then introduced the video surveillance tape from the bar's overhead camera. Minton objected to it being shown to the jury without proper foundation but he was overruled. A television on an industrial stand was wheeled in front of the jury and the video was played. I could tell by the rapt attention they paid to it that they were enamored with the idea of watching a prostitute at work as well as the aspect of seeing the two main players in the case in unguarded moments.

  "What did the note say that you passed him?" I asked after the television was pushed to the side of the courtroom.

  "I think it just said my name and address."

  "You didn't quote him a price for the services you would perform?"

  "I may have. I don't remember."

  "What is the going rate that you charge?"

  "Usually I get four hundred dollars."

  "Usually? What would make you differentiate from that?"

  "Depends on what the client wants."

  I looked over at the jury box and saw that the Bible man's face was getting tight with discomfort.

  "Do you ever engage in bondage and domination with your clients?"

  "Sometimes. It's only role playing, though. Nobody ever gets hurt. It's just playacting."

  "Are you saying that before the night of March sixth, you have never been hurt by a client?"

  "Yes, that's what I am saying. That man hurt me and tried to kill -"

  "Please just answer the question I ask, Ms. Campo. Thank you. Now, let's go back to Morgan's. Yes or no, at the moment you gave Mr. Roulet the napkin with your address and price on it, you were confident that he would not be a danger to you and that he was carrying sufficient cash funds to pay the four hundred dollars you demand for your services?"

  "Yes."

  "So, why didn't Mr. Roulet have any cash on him when the police searched him?"

  "I don't know. I didn't take it."

  "Do you know who did?"

  "No."

  I hesitated for a long moment, preferring to punctuate my shifts in questioning streams with an underscore of silence.

  "Now, uh, you are still working as a prostitute, correct?" I asked.

  Campo hesitated before saying yes.

  "And are you happy working as a prostitute?" I asked.

  Minton stood.

  "Your Honor, what does this have to do with -"

  "Sustained," the judge said.

  "Okay," I said. "Then, isn't it true, Ms. Campo, that you have told several of your clients that your hope is to leave the business?"

  "Yes, that's true," she answered without hesitation
for the first time in many questions.

  "Isn't it also true that you see the potential financial aspects of this case as a means of getting out of the business?"

  "No, that's not true," she said forcefully and without hesitation. "That man attacked me. He was going to kill me! That's what this is about!"

  I underlined something on my pad, another punctuation of silence.

  "Was Charles Talbot a repeat customer?" I asked.

  "No, I met him for the first time that night at Morgan's."

  "And he passed your safety test."

  "Yes."

  "Was Charles Talbot the man who punched you in the face on March sixth?"

  "No, he was not," she answered quickly.

  "Did you offer to split the profits you would receive from a lawsuit against Mr. Roulet with Mr. Talbot?"

  "No, I did not. That's a lie!"

  I looked up at the judge.

  "Your Honor, can I ask my client to stand up at this time?"

  "Be my guest, Mr. Haller."

  I signaled Roulet to stand at the defense table and he obliged. I looked back at Regina Campo.

  "Now, Ms. Campo, are you sure that this is the man who struck you on the night of March sixth?"

  "Yes, it's him."

  "How much do you weigh, Ms. Campo?"

  She leaned back from the microphone as if put out by what was an invasive question, even coming after so many questions pertaining to her sex life. I noticed Roulet start to sit back down and I signaled him to remain standing.

  "I'm not sure," Campo said.

  "On your ad on the website you list your weight at one hundred and five pounds," I said. "Is that correct?"

  "I think so."

  "So if the jury is to believe your story about March sixth, then they must believe that you were able to overpower and break free of Mr. Roulet."

  I pointed to Roulet, who was easily six feet and outweighed her by at least seventy-five pounds.

  "Well, that's what I did."

  "And this was while he supposedly was holding a knife to your throat."

  "I wanted to live. You can do some amazing things when your life is in danger."

  She used her last defense. She started crying, as if my question had reawakened the horror of coming so close to death.

  "You can sit down, Mr. Roulet. I have nothing else for Ms. Campo at this time, Your Honor."

  I took my seat next to Roulet. I felt the cross had gone well. My razor work had opened up a lot of wounds. The state's case was bleeding. Roulet leaned over and whispered one word to me."Brilliant!"

  Minton went back in for a redirect but he was just a gnat flitting around an open wound. There was no going back on some of the answers his star witness had given, and there was no way to change some of the images I had planted in the jurors' minds.

  In ten minutes he was through and I waived off a recross, feeling that Minton had accomplished little during his second effort and I could leave well enough alone. The judge asked the prosecutor if he had any further witnesses and Minton said he would like to think about it through lunch before deciding whether to rest the state's case.

  Normally, I would have objected to this because I would want to know if I had to put a witness on the stand directly after lunch. But I let it go. I believed that Minton was feeling the pressure and was wavering. I wanted to push him toward a decision and thought maybe giving him the lunch hour would help.

  The judge excused the jury to lunch, giving them only an hour instead of the usual ninety minutes. She was going to keep things moving. She said court would recess until 1:30 and then abruptly left the bench. She probably needed a cigarette, I guessed.

  I asked Roulet if his mother could join us for lunch so that we could talk about her testimony, which I thought would come in the afternoon if not directly after lunch. He said he would arrange it and suggested we meet at a French restaurant on Ventura Boulevard

  . I told him we had less than an hour and that his mother should meet us at Four Green Fields. I didn't like the idea of bringing them into my sanctuary but I knew we could eat there quickly and be back to court on time. The food probably wasn't up to the standards of the French bistro on Ventura but I wasn't worried about that.

  When I got up and turned from the defense table, I saw the rows of the gallery were empty. Everybody had hustled out to lunch. Only Minton was waiting by the rail for me.

  "Can I talk to you for a minute?" he asked.

  "Sure."

  We waited until Roulet had gone through the gate and left the courtroom before either one of us spoke. I knew what was coming. It was customary for the prosecutor to throw out a low-ball disposition at the first sign of trouble. Minton knew he had trouble. The main-event witness was a draw at best.

  "What's up?" I said.

  "I was thinking about what you said about the thousand razors."

  "And?"

  "And, well, I want to make you an offer."

  "You're new at this, kid. Don't you need somebody in charge to approve a plea agreement?"

  "I have some authority."

  "Okay, then give me what you are authorized to offer."

  "I'll drop it all down to an aggravated assault with GBI."

  "And?"

  "I'll go down to four."

  The offer was a substantial reduction but Roulet, if he took it, would still be sentenced to four years in prison. The main concession was that it knocked the case out of sex crime status. Roulet would not have to register with local authorities as a sex offender after he got out of prison.

  I looked at him as if he had just insulted my mother's memory.

  "I think that's a little strong, Ted, considering how your ace just held up on the stand. Did you see the juror who is always carrying the Bible? He looked like he was about to shit the Good Book when she was testifying."

  Minton didn't respond. I could tell he hadn't even noticed a juror carrying a Bible.

  "I don't know," I said. "It's my duty to bring your offer to my client and I will do that. But I'm also going to tell him he'd be a fool to take it."

  "Okay, then, what do you want?"

  "A case like this, there's only one verdict, Ted. I'm going to tell him he should ride it out. I think it's clear sailing from here. Have a good lunch."

  I left him there at the gate, halfway expecting him to shout a new offer to my back as I went down the center aisle of the gallery. But Minton held his ground.

  "That offer's good only until one-thirty, Haller," he called after me, an odd tone in his voice.

  I raised a hand and waved without looking back. As I went through the courtroom door, I was sure that what I had heard was the sound of desperation creeping into his voice.

  THIRTY-FIVE

  After we came back into court from Four Green Fields I purposely ignored Minton. I wanted to keep him guessing as long as possible. It was all part of the plan to push him in a direction I wanted him and the trial to go. When we were all seated at the tables and ready for the judge, I finally looked over at him, waited for the eye contact, and then just shook my head. No deal. He nodded, trying his best to give me a show of confidence in his case and confusion over my client's decision. One minute later the judge took the bench, brought out the jury, and Minton promptly folded his tent.

  "Mr. Minton, do you have another witness?" the judge asked.

  "Your Honor, at this time the state rests."

  There was the slightest hesitation in Fullbright's response. She stared at Minton for just a second longer than she should have. I think it sent a message of surprise to the jury. She then looked over at me.

  "Mr. Haller, are you ready to proceed?"

  The routine procedure would be to ask the judge for a directed verdict of acquittal at the end of the state's case. But I didn't, fearing that this could be the rare occasion that the request was granted. I couldn't let the case end yet. I told the judge I was ready to proceed with a defense.