The judge looked from me back to Forsythe.
“What’s your next objection, Mr. Forsythe?”
By not making a ruling on a witness-by-witness basis, the judge was revealing that she likely would make a ruling that took all four names into account and would have something in it for both the prosecution and defense. She would attempt to split the baby in a Solomonic approach. I had anticipated this when I had scratched names off the list earlier. Lankford was the one witness I wanted. Stratton Sterghos’s name was simply a plant on the list designed to get a reaction — which I had gotten in spades on the video. I never intended to actually call him and therefore could lose him now. The other two names were a neighbor in the building where Gloria Dayton had lived and Sly Fulgoni Sr. I could lose them all as well, though Sly Sr. would be quite upset about his vacation being cancelled.
“Thank you, Judge,” Forsythe responded. “Next the people object to the inclusion of Stratton Sterghos. Our efforts last night have turned up not a single connection between him and this case. He lives in Glendale, far from the events that comprise this case. I am told he is a retired obstetrician who appears to be on vacation at the moment and out of contact. We could not talk to him and therefore we are hampered in our understanding of what Mr. Haller is hoping to achieve by calling him as a witness.”
I jumped in before the judge even had time to turn to me and ask for a response.
“As Your Honor knows, the defense is presenting an alternate theory in the motivation behind Gloria Dayton’s murder. This has already been argued at length in regard to our inclusion of Agent James Marco, Trina Rafferty, and Hector Moya on our original witness list. Same thing here, Judge. We believe Stratton Sterghos may be able to provide testimony that links the Dayton murder to a double homicide that occurred across the street from his home ten years ago.”
“What?” Forsythe cried. “You have got to be kidding me. Your Honor, you cannot allow this wild fishing expedition to infect this trial. For lack of a legal term, this is nuts. A double murder ten years ago is somehow connected to this murder of a prostitute? Come on, Judge, let’s not turn your courtroom into a circus, and that is exactly what the court will be doing if it—”
“Your position is clear, Mr. Forsythe,” the judge said, cutting in. “Any other objections to names on the list?”
“Yes, Your Honor, I object to bringing Sylvester Fulgoni Sr. down from FCI Victorville. Anything he could contribute would surely be hearsay.”
“I have to say I agree,” Leggoe said. “Anything further, Mr. Haller?”
“I would like to turn our last response over to my colleague, Ms. Aronson.”
I nodded to her and could tell my offer had taken her by surprise. Still, I knew she could respond.
“Judge Leggoe, with all due respect to the court as well as to Mr. Forsythe, appellate courts from across this land have repeatedly held that efforts to thwart the defense from exploring all angles and footholds of alternate theories are perilous and subject to reversal. The defense in the instant case is presenting just such an alternate defense and it would be in error if the court hampered it in doing so. Submitted, Your Honor.”
Jennifer had skillfully gotten the words reversal and error into her final argument. Two words that made a judge think twice. Leggoe nodded her thanks to all three of us, then folded her hands together on the desk. If she took even a minute to consider her decisions, then it was a quick minute.
“I am going to overrule the objection to the calling of Investigator Lankford. He will testify. In regard to Stratton Sterghos, at the moment I agree with Mr. Forsythe. So he is struck. I am, however, willing to take this up again if and when the defense has built a credible path to him. The remaining two names are struck as well until such time that Mr. Haller can make a renewed argument for their inclusion.”
Outwardly, I frowned. But the ruling was perfect. Sly Fulgoni Sr. wasn’t going to get his vacation, but I got exactly what I wanted — Lankford. The fact that the judge left the door open a crack on Sterghos was a bonus. Now Forsythe and, by extension, Lankford and Marco, had to keep in mind that he was out there, waiting to possibly come into the trial and turn things upside down. If nothing else, it might serve to distract them while I worked other angles that were real and more damaging to the prosecution’s case.
“Anything else?” the Judge asked. “We have a trial to get started.”
There was nothing else. We were excused and headed back to the courtroom. On the way, Forsythe sidled up to me as I expected he would.
“I don’t know where you’re going with this, Haller, but you should know that if you drag the reputations of good people through the mud, there are going to be consequences.”
I guessed that the gloves were now off between Forsythe and me. He was no longer acting as though he was above the fray. He was down in it. It was the first time I could remember him addressing me by my last name only, a sign that we were no longer going to be collegial about things.
That was okay with me. I was used to it.
“Is that a threat?” I asked.
“No, that’s the reality of where we’re at,” he said.
“You can tell Lankford that I don’t react to threats well. He should know that from the last time we crossed paths on a case.”
“This isn’t coming from Lankford. This is coming from me.”
I glanced at him.
“Oh, then I guess I should just shut everything down, have my client plead open to the charges, and beg the court for mercy. Is that what you think? Because that’s not going to happen, Forsythe, and if you think you can scare me off, then you didn’t ask enough of your colleagues about me before we started down this path.”
Forsythe picked up speed and left me behind as we pushed through the door into the courtroom. There was nothing else to say.
I scanned the courtroom and saw Lorna sitting alone in the front row. I knew that Kendall would not be in court because of at least one of the witnesses I planned to call. It was five minutes before ten, according to the clock on the rear wall of the courtroom. I walked up to the rail to talk to Lorna.
“Have you seen Cisco yet?”
“Yes, he’s out in the hallway with the witness.”
I looked back at the judge’s bench. It was still empty and they hadn’t brought La Cosse in from the lockup. I knew that with Jennifer at the defense table, things could start without me. I looked back at Lorna.
“Will you come get me in the hall when the judge comes out?”
“Sure.”
I went through the gate and walked quickly out to the hallway. Cisco was there, sitting next to Trina Rafferty. She was dressed much more conservatively than the last time I had seen her. The hem of her dress even came down over her knees and she had taken my advice to wear a sweater to keep her warm in the courtroom because Judge Leggoe had a habit of keeping the temperature down so jurors would stay awake and alert.
Costume-wise Trina Trixxx would be no problem. But I picked up the first inkling of an issue when she pointedly didn’t look at me when I approached and spoke to her.
“Trina, thank you for being here today.”
“I said I would. I’m here.”
“Well, I am going to try to make this as easy as possible for you. I don’t know how much the prosecution will have for you, but I won’t take long myself.”
She didn’t respond or look at me. I looked at Cisco and raised my eyebrows. Problem? He shrugged like he didn’t know.
“Trina,” I said, “I hope you don’t mind, but I’m going to take Cisco down the hall a bit so we can talk about private matters. We won’t be long.”