Mickey Haller 4 - The Fifth Witness

minute.
    “Now, Detective Kurlen, when we left off yesterday I had just asked you if you knew what a federal target letter is. Can you answer that question now?”
    “My understanding is that when a federal agency is interested in gathering information from an individual or company, they sometimes send out a letter that tells that individual or company that they want to talk. It’s sort of a letter that says, ‘Come on in and let’s talk about this so there’s no misunderstanding.’ ”
    “And that’s it?”
    “I’m not a federal agent.”
    “Well, do you think it’s a serious matter to receive a letter from the federal government telling you that you are the target of an investigation?”
    “It could be, I guess. I would assume that it depends on the crime they’re looking into.”
    I asked the judge for permission to approach the witness with a document. Freeman objected for the record, citing relevance. The judge overruled without comment and told me I could give the document to the witness.
    After handing the document to Kurlen I returned to the lectern and asked the judge to mark the document as Defense Exhibit 3. I then told Kurlen to read the letter.
    “ ‘Dear Mr. Opparizio, This letter is to inform—’ ”
    “Wait,” I interrupted. “Could you first read and describe what is at the top of the letter? The letterhead?”
    “It says ‘Office of the United States Attorney, Los Angeles’ and it’s got a picture of an eagle on one side and the U.S. flag on the other. Should I read the letter part now?”
    “Yes, please do.”
    “ ‘Dear Mr. Opparizio, This letter is to inform you that A. Louis Opparizio Financial Technologies—known as ALOFT—and you, individually, are among the targets of a multi-agency task force investigating all levels of mortgage fraud in Southern California. Receipt of this letter puts you on notice not to remove or destroy any documents or work materials related to the business of your company. Should you wish to discuss this investigation and cooperate with members of the task force, please do not hesitate to call or have your legal counsel make contact with me or Charles Vasquez, of the U.S. Secret Service, who has been assigned to the ALOFT investigation as case agent. We will make every effort to meet with you to discuss this matter. If you do not wish to cooperate, you can be assured that you will be contacted shortly by agents of the task force. I once again have to remind you not to destroy or remove any documents or work product from your offices or associated premises. To do so after receiving this notice would be to commit a serious crime against the United States of America. Sincerely, Reginald Lattimore, U.S. Attorney, Los Angeles.’ That’s it, except it gives everybody’s phone numbers at the bottom.”
    A low murmur went through the courtroom. I was sure most of the general citizenry was unaware of things like federal target letters. It was law enforcement in the new era. I was sure the so-called task force amounted to token contributions of agents from a handful of agencies and no budget. Instead of mounting expensive investigations, it would take a shot at scaring people into coming in and begging for mercy. A design to pick the low-hanging fruit, grab a few headlines and call it a day. Someone like Opparizio probably used the original letter received via certified mail as toilet paper. But that didn’t matter to me. My plan was to use the letter to help keep my client out of prison.
    “Thank you, Detective Kurlen. Now, can you tell us, is the letter dated?”
    Kurlen checked the copy before answering.
    “It’s dated January eighteenth of this year.”
    “Now, Detective, had you seen that letter before yesterday?”
    “No, why should I have seen it? It’s got nothing to do with—”
    “Move to strike as unresponsive,” I said quickly. “Your Honor, the question was simply whether he had seen the letter before.”
    The judge instructed Kurlen to answer only the question asked.
    “I had not seen this letter before yesterday.”
    “Thank you, Detective. And now let’s go back to the other letter I asked you to read yesterday, from the victim, Mitchell Bondurant, to the same Louis Opparizio who is addressed in the federal target letter. Do you have that handy there in your binder?”
    “If I could have a moment.”
    “Please.”
    Kurlen found the letter in the binder, removed it and held it up.
    “Good. Can you tell us the date