“Is that why it is clipped to the finger? You want the measurement from an extremity?”
“Exactly.”
“Now I noticed today that you brought your EMT kit with you, is that correct?”
“Yes, because the subpoena told me to.”
“This oximeter you just mentioned, is it in your kit?”
“Should be.”
“Can you open your kit and show the oximeter to the jury?”
Morales reached down to the floor next to the witness stand and unsnapped the latches on his kit. He flipped the top open and grabbed a small device out of a tray. He held it up to Haller, then turned and displayed it to the jury.
“How does that work, Mr. Morales?” Haller asked.
“Simple,” Morales said. “Turn it on, clip it to the finger, and it shoots infrared light through the finger. From that it can measure the oxygen saturation of the blood.”
“And you just clip it to any finger?”
“The index finger.”
“Either hand?”
“Either hand.”
“How long did you treat Jeffrey Herstadt that day?”
“Can I look at the report?”
“You may.”
Morales looked over the report and then answered. “From beginning to end, when he walked away, it was eleven minutes.”
“Then what did you do?”
“Well, first we realized he walked away with our oximeter still on his finger. I chased him down and grabbed that. Then we packed up, bought a couple lattes, and left.”
“You returned to the station?”
“Yes.”
“Where is that station?”
“On Fremont and First.”
“Quite close to here, correct?”
“Yes.”
“In fact you walked here from the station, with your kit, to testify today, isn’t that correct?”
“Yes.”
“Did you walk through Grand Park?”
“Yes.”
“Had you ever been in Grand Park before?”
“Yes.”
“When was that?”
“Many times. It’s part of Station Three’s coverage area.”
“Going back to the day you treated Jeffrey Herstadt at Starbucks, did Rescue Three receive another emergency call soon after your return to the station that morning?”
“Yes.”
“What was the call?”
“It was a stabbing. It was this case. The judge that got stabbed.”
Bosch glanced away from Morales to Saldano. She had leaned toward the junior prosecutor, who was sitting next to her, and whispered in his ear. He then got up and went to a cardboard file box that was on a chair by the courtroom rail. He started going through documents.
“Do you remember how soon you got the call after returning from treating Mr. Herstadt and checking his vitals?” Haller asked.
“Not offhand,” Morales said.
Haller went through the same procedure of asking the judge’s permission to give Morales an incident report, this one from the Montgomery stabbing.
“Does that shed light on things, Mr. Morales?” Haller asked.
“If you say so,” Morales countered.
“If you compare it to the first incident report, does it not say that the calls were one hour and nine minutes apart?”
“Looks like it.”
“So let’s keep going with this. You said you were with Herstadt for eleven minutes, then got a latte. How long did that take?”
“I don’t remember.”
“Do you remember if there was a line?”
“It was a Starbucks. There was a line.”
“Okay, so at least a few minutes there. Did you and your partner sit down with your lattes or take them to go?”
“Took them to go.”
“And you returned directly to the station?”
“Yes, direct.”
“Is there some sort of protocol or procedure you follow after returning from a rescue call?”
“We replenish supplies, write the reports.”
“Finish your latte first?”
“I don’t remember.”
“But then you get this call, a stabbing in Grand Park, correct?”
“Yes.”
“And you roll on it.”
“Yes.”
“How long did it take you and your partner to get there?”
Morales looked at the incident report.
“Four minutes,” he said.
“Was the victim, Judge Montgomery, alive when you got there?” Haller asked.
“He was circling the drain.”
“What does that mean?”
“He was dying. He’d lost too much blood and was unresponsive. No pulse. There was nothing we could really do for him.”
“You just said ‘no pulse.’ So you checked his vitals despite the fact that, as you say, ‘he was circling the drain’?”
There it was, Bosch knew. The trial came down to this question.
“We did. It’s protocol. No matter what, you do that.”
“With the oximeter?”
Morales didn’t answer. It looked to Bosch like he had finally tumbled to the importance of his testimony and realized that everything could shift on his answer.
“With the oximeter?” Haller asked again.
“Yes,” Morales finally said. “Part of the protocol.”
“Was that the same oximeter used less than an hour earlier to check the vitals of Jeffrey Herstadt?”
“It would have been.”
“Is that a yes?”
“Yes.”
“A moment, Your Honor.”
Haller let that last answer hang out there in front of the jury. Bosch knew that he was trying to make a decision about the next question. He fired off a quick text:
Ask the?
He saw Haller check his watch and read it.
“Mr. Haller?” Falcone prompted.
“Your Honor,” Haller said. “May I have another moment to confer with my investigator?”
“Make it fast,” Falcone said.
Bosch got up, slid his phone into his pocket, and walked up the aisle to the rail. Haller came over and they whispered.
“This is it,” Haller said. “I think I leave it here.”
“I thought you were rolling the dice,” Bosch said.
“I am. I did. But I go too far and I blow the whole thing.”
“If you don’t ask, the prosecutor will.”
“Don’t be so sure about that. Cuts both ways for her too. She might not ask him a thing.”
“It’s a search for truth. The judge said so; you said so. Ask the question. Or I’m not your investigator.”
Bosch turned to go back to where he had been sitting. For the first time he noticed Renée Ballard was in the courtroom, on the other side of the gallery. He had not seen her come in and had no idea how long she had been there.
Once seated, he turned his attention back to the front of the room. Haller was staring at Morales, still deciding whether to quit while he was ahead or ask the question that could win or lose the day — and the trial.
“Mr. Haller, do you have another question?” the judge prompted.
“Yes, Your Honor, I do,” Haller said.
“Then ask it.”
“Yes, Your Honor. Mr. Morales, between the two rescue calls you went out on, where was the oximeter?”
“In my kit.”
Bosch saw Haller ball his hand into a fist and bounce it lightly on the lectern like he was spiking a ball after a touchdown.
“You didn’t take it out?”
“No.”
“You didn’t clean or disinfect it?”
“No.”
“You didn’t sterilize it?”
“No.”
“Mr. Morales, do you know what DNA transfer is?”
Saldano jumped to her feet and objected. She argued that Morales was not a DNA expert and should not be allowed to give testimony regarding the transfer of DNA. Before the judge could respond, Haller did.