The Lincoln Lawyer
don’t know about it yet.”
Under the rules of discovery, I would need to turn it over to the prosecution after Roulet was formally arraigned. But there was still some play in that. I didn’t technically have to turn over anything until I was sure I planned to use it in trial. That gave me a lot of leeway and time.
I knew that what was on the DVD was important and no doubt would be used in trial. All by itself it could be cause for reasonable doubt. It seemed to show a familiarity between victim and alleged attacker that was not included in the state’s case. More important, it also caught the victim in a position in which her behavior could be interpreted as being at least partially responsible for drawing the action that followed. This was not to suggest that what followed was acceptable or not criminal, but juries are always interested in the causal relationships of crime and the individuals involved. What the video did was move a crime that might have been viewed through a black-and-white prism into the gray area. As a defense attorney I lived in the gray areas.
The flip side of that was that the DVD was so good it might be too good. It directly contradicted the victim’s statement to police about not knowing the man who attacked her. It impeached her, showed her in a lie. It only took one lie to knock a case down. The tape was what I called “walking proof.” It would end the case before it even got to trial. My client would simply walk away.
And with him would go the big franchise payday.
Levin was fast-forwarding the image again.
“Now watch this,” he said. “She and Mr. X split at nine. But watch when he gets up.”
Levin had shifted the frame to focus on Campo and the unknown man. When the time code hit 8:59 he put the playback in slow motion.
“Okay, they’re getting ready to leave,” he said. “Watch the guy’s hands.”
I watched. The man took a final draw on his drink, tilting his head far back and emptying the glass. He then slipped off his stool, helped Campo off hers and they walked out of the camera frame to the right.
“What?” I said. “What did I miss?”
Levin moved the image backwards until he got to the moment the unknown man was finishing his drink. He then froze the image and pointed to the screen. The man had his left hand down flat on the bar for balance as he reared back to drink.
“He drinks with his right hand,” he said. “And on his left you can see a watch on his wrist. So it looks like the guy is right-handed, right?”
“Yeah, so? What does that get us? The injuries to the victim came from blows from the left.”
“Think about what I’ve told you.”
I did. And after a few moments I got it.
“The mirror. Everything’s backwards. He’s left-handed.”
Levin nodded and made a punching motion with his left fist.
“This could be the whole case right here,” I said, not sure that was a good thing.
“Happy Saint Paddy’s Day, lad,” Levin said in his brogue again, not realizing I might be staring at the end of the gravy train.
I took a long drink of hot coffee and tried to think about a strategy for the video. I didn’t see any way to hold it for trial. The cops would eventually get around to the follow-up investigations and they would find out about it. If I held on to it, it could blow up in my face.
“I don’t know how I’m going to use it yet,” I said. “But I think it’s safe to say Mr. Roulet and his mother and Cecil Dobbs are going to be very happy with you.”
“Tell them they can always express their thanks financially.”
“All right, anything else on the tape?”
Levin started to fast-forward the playback.
“Not really. Roulet reads the napkin and memorizes the address. He then hangs around another twenty minutes and splits, leaving a fresh drink on the bar.”
He slowed the image down at the point Roulet was leaving. Roulet took one sip out of his fresh martini and put it down on the bar. He picked up the napkin Reggie Campo had given him, crumpled it in his hand and then dropped it to the floor as he got up. He left the bar, leaving the drink behind.
Levin ejected the DVD and returned it to its plastic sleeve. He then turned off the player and started to put it away.
“That’s it on the visuals that I can show you here.”
I reached forward and tapped Earl on the shoulder. He had his sound buds in. He pulled out one of the ear plugs and looked back at me.
“Let’s head back to the courthouse,” I
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