“Lisa, go over to one of those benches and sit down and wait for me. And don’t talk to any reporters.”
“What about-”
“Just do it.”
As Lisa walked away Freeman came up on me. She was mad and I could see the fire in her eyes.
“What is this shit, Haller?”
She held up the paper. I maintained a calm demeanor even as she stepped right into my personal space.
“Well,” I said, “I think it’s pretty obvious what it is. It’s a motion to have you dismissed from the case because you have a conflict of interest.”
“I have a conflict of interest? What conflict?”
“Look, Andy-I can call you Andy, right? I mean my daughter does so I should, too, don’t you think?”
“Cut the shit, Haller.”
“Sure, I can do that. The conflict that I am objecting to is that you’ve been discussing this case with my ex-wife and-”
“Who happens to be a prosecutor working in the same office as me.”
“That’s true but these discussions haven’t taken place in the office exclusively. In fact, they’ve taken place at yoga and in front of my daughter and probably all over the Valley, as far as I know.”
“Oh, come on. This is such bullshit.”
“Really? Then why did you lie to me?”
“I’ve never lied. What are you-”
“I asked you if you knew my ex-wife and you said in passing. That’s not really the truth, is it?”
“I just didn’t want to get into it with you.”
“So you lied. I didn’t mention that in the motion but I could add it before I file it. The judge could decide if it is important.”
She blew out her breath in agitated surrender.
“What do you want?”
I looked around. No one could hear us.
“What do I want? I want to show you that I can play it your way, too. You want to be a hard-ass with me, I can be one with you.”
“Meaning what, Haller? What’s the quid pro quo?”
I nodded. We were getting down to the deal now.
“You know if I file this tomorrow you are history. The judge will err on the side of the defense. He’ll avoid anything that might have any chance of getting him reversed. Besides, he knows there are three hundred able-bodied prosecutors in the DA’s office. They can just send in a replacement.”
I pointed to the gaggle of reporters assembled in the hall, most of them still surrounding Herb Dahl.
“You see all of those reporters and all that attention? All of that will go away. Probably the biggest case of your career and it all goes away. No press conferences, no headlines, no spotlight. It all goes to whoever they send in to take your place.”
“First of all I will fight this thing and it is not a given that Judge Morales will fall for your bullshit. I will tell him exactly what you are doing. Trying to DA-shop. Trying to get rid of a prosecutor you are flat-out scared of.”
“You can tell him all you like but you’ll still have to tell the judge-in open court-how it is that my fourteen-year-old daughter was reciting facts of this case back to me at dinner last week.”
“That is bullshit. You should be ashamed of using your-”
“What, are you saying that I’m the liar or my daughter is the liar? Because we can bring her into court, too. I’m not so sure your bosses are going to like the spectacle this will cause-or the headlines. You know, DA grills fourteen-year-old, calls the kid a liar. Kind of tawdry, don’t you think?”
Freeman turned her back and took a step to walk away from me but then stopped. I knew I had her. She should walk away from me and the case, but she couldn’t. She wanted the case and all that it could bring her.
She turned back to me. She looked at me as though I were not even there, as if I were dead.
“Again, what do you want?”
“I’d rather not file this tomorrow. I’d rather just withdraw the motions I had to make to get my client’s property back and to see the WestLand documents. All I want is cooperation. A friendly give-and-take on discovery. I want it to start flowing now, not later. I don’t want to go to the judge every time I want something I’m entitled to.”
“I could complain to the bar about you.”
“Good, we can make cross-complaints. They’ll investigate both of us and find that only you acted inappropriately by discussing the case with defense counsel’s ex-wife and daughter.”
“I didn’t discuss it with your daughter. She was just there.”
“I’m sure the bar will make that distinction.”
I let her twist for a moment. It was her move but she needed one final push.
“Oh, and by the way, if I file the motion tomorrow I’ll be sure to drop a dime to the Times. Who’s their court reporter? Salters? I think she’d find this to be an interesting little side story. A nice exclusive.”
She nodded as though her predicament had just become crystal clear in front of her.
“Withdraw your motions,” she said. “You will have everything you asked for by the end of the day Friday.”
“Tomorrow.”
“That’s not enough time. I have to pull it together and get it copied. The copy shop is always backed up.”
“Then Thursday by noon or I file the motion.”
“Fine, asshole.”
“Good. Once I go through it all, maybe we can start talking about a plea. Thank you, Andy.”
“Fuck you, Haller. And there isn’t going to be a plea. We’ve got her nailed and I’m going to be looking at you, not her, when the verdict comes in.”
She pivoted and started to walk away, but then turned right back to me.
“And don’t call me Andy. You don’t get to call me that.”
She marched away then, moving in long, angry strides toward the elevator lobby, totally ignoring a reporter who trotted up to her and tried to get a quote.
I knew there would be no plea agreement. My client wouldn’t allow it. But I gave Freeman the opening so she could throw it back in my face. I wanted her to go away angry but not that angry. I wanted her to think she had salvaged something. It would make her easier to deal with.
I looked around and saw Lisa waiting dutifully on the bench I had earlier pointed her to. I signaled her to get up.
“Okay, Lisa, let’s get out of here.”
“But what about Herb? I drove in with him.”
“Your car or his?”
“His.”
“Then he’s fine. My guy will drive you home.”
We walked into the elevator alcove. Thankfully, Andrea Freeman had already caught a ride down to the DA’s office on the second floor. I pushed the button but the elevator didn’t come soon enough. We were joined by Dahl.
“What, were you leaving without me?”
I didn’t respond to his question and quickly dispensed with any guise of civility.
“You know, you’re fucking me up by talking to the media like that. You think you’re helping the cause but you’re not-unless Herbert Dahl is the cause.”
“Whoa, what’s with the language? We’re in a courthouse.”
“I don’t care where we are. Do not speak for my client. Do you understand? If you do it again I’m going to call a press conference and you’re not going to like what I have to say about you.”
“Fine. That was it. My last press conference. But now I got a question. What’s goin’ on with all these people I’ve been sending your way? Some of them called me back and said they were treated pretty rudely by your staff.”
“Yeah, you keep sending them and we’ll keep treating them that way.”