The Brass Verdict
that he was working all of that out. He said he had the magic bullet and the less I knew, the better. He was going to tell me when we got closer to trial but he never did. He never got the chance.”
I knew the term. The “magic bullet” was your get-out-of-jail-and-go-home card. It was the witness or piece of evidence that you had in your back pocket that was going to either knock all the evidence down like dominoes or firmly and permanently fix reasonable doubt in the mind of every juror on the panel. If Vincent had a magic bullet, he hadn’t noted it in the case file. And if he had a magic bullet, why was he talking about a delay on Monday?
“You have no idea what this magic bullet was?” I asked Elliot.
“Just what he told me, that he found something that was going to blow the state out of the water.”
“That doesn’t make sense if on Monday he was talking about delaying the trial.”
Elliot shrugged.
“I told you, he just wanted more time to be prepared. Probably more time to charge me more money. But I told him, when we make a movie, we pick a date, and that movie comes out on that date no matter what. I told him we were going to trial without delay.”
I nodded my head at Elliot’s no-delay mantra. But my mind was on Vincent’s missing laptop. Was the magic bullet in there? Had he saved his plan on the computer and not put it into the hard file? Was the magic bullet the reason for his murder? Had his discovery been so sensitive or dangerous that someone had killed him for it?
I decided to move on with Elliot while I had him in front of me.
“Well, Walter, I don’t have the magic bullet. But if Jerry could find it, then so can I. I will.”
I checked my watch and tried to give the outward appearance that I was not troubled by not knowing what was assuredly the key element in the case.
“Okay. Let’s talk about an alternate theory.”
“Meaning what?”
“Meaning that the state has its theory and we should have ours. The state’s theory is that you were upset over your wife’s infidelity and what it would cost you to divorce her. So you went out to Malibu and killed both your wife and her lover. You then got rid of the murder weapon in some way – either hid it or threw it into the ocean – and then called nine-one-one to report that you had discovered the murders. That theory gives them all they need. Motive and opportunity. But to back it up they have the GSR and almost nothing else.”
“GSR?”
“Gunshot residue. Their evidentiary case – what little there is – firmly rests on it.”
“That test was a false positive!” Elliot said forcefully. “I never shot any weapon. And Jerry told me he was bringing in the top expert in the country to knock it all down. A woman from John Jay in New York. She’ll testify that the sheriff’s lab procedures were sloppy and lax, prone to come up with the false positive.”
I nodded. I liked the fervor of his denial. It could be useful if he testified.
“Yes, Dr. Arslanian – we still have her coming in,” I said. “But she’s no magic bullet, Walter. The prosecution will counter with their own expert saying exactly the opposite – that the lab is well run and that all procedures were followed. At best, the GSR will be a wash. The prosecution will still be leaning heavily on motive and opportunity.”
“What motive? I loved her and I didn’t even know about Rilz. I thought he was a faggot.”
I held my hands up in a slow-it-down gesture.
“Look, do yourself a favor, Walter, and don’t call him that. In court or anywhere else. If it is appropriate to reference his sexual orientation, you say you thought he was gay. Okay?”
“Okay.”
“Now, the prosecution will simply say that you did know Johan Rilz was your wife’s lover, and they’ll trot out evidence and testimony that will indicate that a divorce forced by your wife’s infidelity would cost you in excess of a hundred million dollars and possibly dilute your control of the studio. They plant all of that in the jury’s minds and you start having a pretty good motivation for murder.”
“And it’s all bullshit.”
“And I’ll be able to potshot the hell out of it at trial. A lot of their positives can be turned into negatives. It will be a dance, Walter. We’ll trade punches. We’ll try to distort and destroy but ultimately they’ll land more punches than we can block and that’s why we’re the underdog and why it’s always good for the
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