Mickey Haller 4 - The Fifth Witness
jury selection progressed over two days, I nervously waited for Furlong to be randomly selected and moved into the box for questioning by the judge and attorneys. Along the way I passed up a handful of good prospects, using my peremptory challenges to clear spaces in the box.
Finally on the fourth morning Furlong’s number came up and he was seated for questioning. When I heard him speak with a southern accent I knew I had my hanger. He had to carry a grudge against the bank that took away his parents’ property. He was hiding it to get on the jury.
Furlong passed the judge’s and prosecutor’s questions with flying colors, saying just the right things and presenting himself as a God-fearing, hardworking man who had conservative values and an open mind. When it was my turn I hung back and asked a few general questions, then hit him with a zinger. I needed him to appear acceptable to me. I asked him if he thought people in foreclosure should be looked down upon or if it was possible that there were legitimate reasons why people sometimes could not pay for their home. In his southern twang, Furlong said that each case was different and it would be wrong to generalize about all people in foreclosure.
A few minutes and few more questions later, Freeman punched his ticket and I concurred. He was on the jury. Now I just had to hope his family history wasn’t discovered by the prosecution. If so he would be removed from the jury faster than a Crip from a Bloods holding cell.
Was I being unethical or breaking the rules by not reporting Furlong’s secret to the court? It depends on your definition of immediate—as in immediate family. The meaning of who and what constitutes your immediate family changes as you move through life. Furlong’s sheet said he was married and had a young son. His wife and child were his immediate family now. For all I knew, his father might not even be alive. The question asked was, “Have you or anyone in your immediate family been involved in a foreclosure?” The word ever was not in that sentence.
So it was a gray area and I felt I was under no obligation to help the prosecution by pointing out what was omitted from the question. Freeman had the same list of names and the power of the district attorney’s office and the LAPD at her immediate disposal. There had to be someone in those two bureaucracies as smart as my investigator. Let them look and find for themselves. If not, it was their loss.
I watched Furlong as Freeman started listing the building blocks of her case: the murder weapon, the eyewitness, the blood on the defendant’s shoe and her history of targeting the bank with her anger. He sat with both elbows on the armrests of his chair, his fingers steepled in front of his mouth. It was like he was hiding his face, peeking over his hands at her. It was a posture that told me I had read him right. He was my hanger, for sure.
Freeman began to lose steam as she hurried through a truncated recitation of how all the evidence fit together as guilt beyond a reasonable doubt. This was where she had obviously chopped content out of her opener in deference to the judge’s arbitrary time constraint. She knew she could tie it all up in closing arguments so she skipped a lot of it here and got to her conclusion.
“Ladies and gentlemen, blood will tell,” she said. “Follow the evidence and it will lead you, without a doubt, to Lisa Trammel. She took Mitchell Bondurant’s life. She took everything he had. And now it’s time to bring her to justice.”
She thanked the jurors and returned to her seat. It was my turn now. I put my hand down below the table to check my zipper. You have to stand before a jury only once with your fly open and it will never happen again.
I got up and took the same spot in the well where Freeman had stood. I once again tried to show no sign of my still-healing injuries. And I began.
“Ladies and gentlemen, I want to start with a couple of introductions. My name is Michael Haller. I am counsel for the defense. It is my job to defend Lisa Trammel against these very serious charges. Our Constitution ensures that anyone accused of a crime in this country is entitled to a full and vigorous defense, and that is exactly what I intend to provide during the course of this trial. If I rub some of you the wrong way as I do this, then let me apologize up front. But please remember, my actions should not reflect on Lisa.”
I turned to the defense table and
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