Mickey Haller 4 - The Fifth Witness

entered, the judge stripped off his robe and threw it haphazardly over the hat rack in the corner rather than carefully put it on a hanger as he had for prior in camera meetings. He then dropped into his seat and loudly exhaled. He leaned far back and looked up at the ceiling. He had a petulant look on his face, as though his concerns over what would be decided here were more about his own reputation as a jurist than about justice for a murder victim.
    “Mr. Haller,” he said as though he was releasing a great burden.
    “Yes, Your Honor?”
    The judge rubbed his face.
    “Please tell me that it was not your plan all along, and from the beginning, to force Mr. Opparizio into taking the Fifth in front of the jury.”
    “Judge,” I said, “I had no idea he was going to take the Fifth. After the motion to quash hearing we had, I thought there was no way he would. I was pushing him, sure, but I wanted the answers to my questions.”
    Freeman shook her head.
    “You have something to add, Ms. Freeman?”
    “Your Honor, I think defense counsel has treated the court and the justice system with nothing but contempt from the start of this trial. He didn’t even answer your question just now. He didn’t say it wasn’t his plan, Your Honor. He just said he had no idea. Those are two separate things and they underline the fact that defense counsel is sneaky and has tried to sabotage this trial from the start. He has now succeeded. All along Opparizio was a Fifth witness—a straw man he could set up in front of the jury and then knock down when he took the Fifth. That was the plan and if that is not a subverting of the adversarial system, then I don’t know what is.”
    I glanced at Aronson. She looked mortified and maybe even swayed by Freeman’s statement.
    “Judge,” I said calmly, “I can only say one thing to Ms. Freeman. Prove it. If she’s so sure this was some kind of master plan then she can try to prove it. The truth is, and my young, idealistic colleague here can back me on this, we did not even become aware of Opparizio’s organized crime connections until just recently. My investigator literally stumbled across them while tracking back all of Opparizio’s holdings as listed in his SEC filings. The police and prosecution had the opportunity to do this but either chose to ignore it or came up short of the mark. I think counsel’s upset largely extends from that, not what tactics I employ in court.”
    The judge, who was still leaning back and looking at the ceiling, made a waving gesture with his hand. I didn’t know what it meant.
    “Judge?”
    Perry swung the chair around and leaned forward, addressing all three of us.
    “So what do we do about this?”
    He looked at me first. I glanced at Aronson to see if she had something to offer but she looked frozen in place. I turned back to the judge.
    “I don’t think there is anything that can be done. The witness invoked the Fifth. He’s done testifying. We can’t go on with him selectively using the Fifth whenever or wherever he wants. He invoked, he’s done. Next witness. I have one more and then I’m done, too. I’ll be ready to give my closing tomorrow morning.”
    Freeman could no longer take it sitting down. She stood up and started pacing a short pattern near the window.
    “This is so unfair and so much a part of Mr. Haller’s plan. He brings out the testimony he wants on direct, then pushes Opparizio into the Fifth, and then the state gets no cross, no redress at all. Is that even remotely fair, Your Honor?”
    Perry didn’t answer. He didn’t have to. Everybody in the room knew the situation was unfair to the state. Freeman now had no opportunity to question Opparizio.
    “I’m going to strike his entire testimony,” Perry declared. “I’ll tell the jury not to consider it.”
    Freeman folded her arms across her chest and shook her head in frustration.
    “That’s a helluva big bell to un-ring,” she said. “This is a disaster for the prosecution, Judge. It’s completely unfair.”
    I said nothing because Freeman was right. The judge could tell the jurors not to consider anything Opparizio had said but it was too late. The message was delivered and was floating around in all their heads. Just as I had intended.
    “Sadly, I see no alternative,” Perry said. “We’ll take lunch now and I’ll be thinking further on the issue. I suggest you three do the same. If you come up with something else before one, I will certainly