“The defense also challenges the allegation of special circumstances in this case,” she said. “Though we have not seen this new evidence that the prosecution claims will show Mr. Haller’s financial gain from the murder of Samuel Scales, it is preposterous to think, let alone prove, that his death would in any way result in gain to Mr. Haller.”
Warfield was again writing when Jennifer finished, and Berg took the opportunity to respond. She stood and addressed the judge while the pen was still moving in her hand.
“Your Honor, the indictment by the grand jury precludes a preliminary hearing on the charges, and the state would object to turning this hearing into a determination of probable cause. The legislature is quite clear on that.”
“Yes, I know the rules, Ms. Berg,” Warfield said. “But the legislature also gives a superior court judge in this state the power of discretion. I join Ms. Aronson in being troubled by this move by the prosecution. Are you prepared for the court to use its discretion and rule on bail in this matter without providing further support of probable cause?”
“A moment, Your Honor,” Berg said.
For the first time today, I looked over at the prosecution table. Berg was conferring with her second. It was clear that the judge, a former defense attorney, did not approve of the game Berg was playing to put me back in jail. It was put-up-or-shut-up time, no matter what she had been able to run by the grand jury. I saw the second open one of the files in front of him and take out a document. He handed it to Berg, who then straightened up to address the court.
“May it please the court, the People wish to call a witness in this matter,” she said.
“Who is the witness?” Warfield asked.
“Detective Kent Drucker. He will introduce a document that I am sure the court will see in support of probable cause regarding the special-circumstances allegation.”
“Call your witness.”
I had not seen Drucker earlier, but there he was in the front row of the gallery. He got up and went through the gate. He was sworn in and took the stand. Berg began by eliciting from him the details of the searches conducted of my home and warehouse, as well as the home of Lorna Taylor.
“Let’s talk specifically about the records you searched at the warehouse,” Berg then said. “What exactly were you looking at there?”
“These were nonprivileged files relating to the business of Michael Haller’s law practice,” Drucker said.
“In other words, the billing of clients?”
“Correct.”
“And was there a file relating to Sam Scales?”
“There were several because Haller had represented him in a number of cases over the years.”
“And in searching these files, did you find any documents pertinent to your investigation of his murder?”
“I did.”
Berg then went through the formality with the judge of gaining approval to show the witness a document he had found in my files. I had no idea what it could be until the prosecutor dropped off a copy at the defense table after handing the judge’s copy to her clerk. Jennifer and I leaned toward each other so we could read it at the same time.
It was a copy of a letter apparently sent to Sam Scales in 2016 while he was awaiting sentencing for a fraud conviction.
Dear Sam,
This will be the last correspondence from me and you will have to find yourself a new attorney to handle your sentencing next month — if you do not pay the legal fees agreed to during our meeting of October 11. My agreed-to fee for handling your case was $100,000 plus expenses with a $25,000 retainer. This agreement was made regardless of whether your case went to trial or was handled in disposition. It subsequently was handled by disposition and sentencing is set. The remainder of the fee — $75,000 — is now owed.
I have handled several prior cases involving you as a defendant and know that you keep a legal fund so that you can pay your lawyers for the good work they perform for you. Please pay this invoice or consider this the termination point of our professional relationship, with more serious action to follow.
Sincerely,
“Lorna wrote this,” I whispered. “I never saw it. Besides, it means nothing.”
Jennifer stood and objected.
“Your Honor, may I voir dire?” she asked.
It was a fancy way of asking if she could question the witness about the origin and relevancy of the document before the judge accepted it as a prosecution exhibit.
“You may,” Warfield said.
“Detective Drucker,” Jennifer began. “This letter is unsigned, true?”
“That is true, but it was in Mr. Haller’s files,” Drucker said.
“Do you know what the ‘p.p.’ before Mr. Haller’s printed name means?”
“It’s Latin for pro per-something.”
“Per procurationem — do you know what it means?”
“That it was sent under his name but he didn’t actually sign it.”
“You said you found this in Mr. Haller’s files. So it was never mailed?”
“We believe it is a copy and the original was sent.”
“Based on what?”
“Based on it being found in a file marked ‘Correspondence.’ Why would he keep a file full of letters he didn’t send? It makes no sense.”
“What evidence do you have that this letter was ever mailed or delivered directly to Mr. Scales?”
“I assume it was mailed or delivered. How else would Mr. Haller expect to get paid?”
“Do you have any evidence that Mr. Scales ever received this letter?”
“Again, no. But that is not what is important about the letter.”
“Then, what is important about the letter?”
“Mr. Haller says he knows that Sam Scales kept a fund to pay his lawyer and he wanted another seventy-five thousand. That is motive to kill.”
“Do you suppose that Mr. Haller knew about the fund because Sam Scales told him?”
“That would make sense.”
“Did Sam Scales reveal to Mr. Haller where he kept that fund and how to access it?”
“I have no idea, but it would be covered under attorney-client privilege.”
“If you can’t show that Mickey Haller knows where Sam Scales kept his money, how can you claim that he killed Sam Scales for his money?”
Berg had had enough and stood.
“I object, Your Honor,” she said. “This isn’t voir dire. Ms. Aronson is conducting a discovery deposition.”
“I can see what she is doing, Ms. Berg,” Warfield said. “And she has made her point. Anything further, Ms. Aronson?”
Jennifer checked me and I gave a slight shake of my head, reminding her that a lawyer should always quit talking when she’s ahead.
“No further questions at this time, Your Honor,” she said. “It is clear from the detective’s testimony as well as the document that it was not signed or written by Mr. Haller and has no relevancy to this hearing.”
“Judge, the relevancy is clear,” Berg countered. “Whether or not it was signed by the defendant, it was sent by his office and it references a meeting he attended. It is clearly relevant because it speaks to the issues and motives surrounding this crime — that the defendant was owed money and knew that Sam Scales, the victim, had the money and wouldn’t part with it. We have further documentation we are ready to present that shows the defendant filed a lien against the victim in furtherance of collecting his money. That lien is now lodged against the estate. If money is found, the defendant is in line to receive it, plus interest. He could not get Sam Scales to pay him in life — he hopes to collect from him in death.”