The Fifth Witness Part 31

"Was that the scientific conclusion to your scientific experiment, Detective?"

"It was done in the lab. It wasn't my experiment."

With a pen and a noticeable wrist flourish, I made several check marks on my legal pad. I then moved on to the most important avenue of my cross-examination.

"Detective," I said, "you told us earlier today that you received a threat-a.s.sessment file from WestLand National and that it contained information about the defendant. Did you ever check out any of the other names in the file?"

"We reviewed the file several times and did some limited follow-up. But as evidence came in against the defendant, we saw less and less of a need to."

"You weren't going to go chasing rainbows when you had your suspect already in hand, is that it?"

"I wouldn't put it that way. Our investigation was thorough and exhaustive."

"Did this thorough and exhaustive investigation include pursuing any other leads at any time that did not involve Lisa Trammel as a suspect?"

"Of course. That's what the job involves."

"Did you review Mr. Bondurant's work product and look for any leads unrelated to Lisa Trammel?"

"Yes, we did."

"You have testified about investigating threats made against the victim in this case. Did you investigate any threats he might have made against others?"

"Where the victim threatened someone else? Not that I recall."

I asked the court's permission to approach the witness with Defense Exhibit 2. I handed copies to all parties. Freeman objected but she was simply going through the motions. The issue regarding Bondurant's letter of complaint to Louis Opparizio had already been decided during pretrial arguments. Perry was allowing it, if only to even the score for allowing the state to enter the hammer and the DNA. He overruled Freeman's objection and told me I could proceed.

"Detective Kurlen, you hold a letter sent by certified mail from Mitch.e.l.l Bondurant, the victim, to Louis Opparizio, president of ALOFT, a contracted vendor to WestLand National. Could you please read the letter to the jury?"

Kurlen stared at the page I gave him for a long moment before reading.

" 'Dear Louis, Attached you will find correspondence from an attorney named Michael Haller who is representing the home owner in one of the foreclosure cases you are handling for WestLand. Her name is Lisa Trammel and the loan number is oh-four-oh-nine-seven-one-nine. The mortgage is jointly held by Jeffrey and Lisa Trammel. In his letter Mr. Haller makes allegations that the file is replete with fraudulent actions perpetrated in the case. You will note that he gives specific instances, all of which were carried out by ALOFT. As you know and we have discussed, there have been other complaints. These new allegations against ALOFT, if true, have put WestLand in a vulnerable position, especially considering the government's recent interest in this aspect of the mortgage business. Unless we come to some sort of arrangement and understanding in regard to this I will be recommending to the board that WestLand withdraw from its contract with your company for cause and any ongoing business be terminated. This action would also require the bank to file an SAR with appropriate authorities. Please contact me at your earliest convenience to further discuss these matters.' "

Kurlen held the letter out to me as if he was finished with it. I ignored the gesture.

"Thank you, Detective. Now the letter mentions the filing of an SAR. Do you know what that is?"

"A suspicious activity report. All banks are required to file them with the Federal Trade Commission if such activity comes to their attention."

"Have you ever before seen the letter you hold, Detective?"

"Yes, I have."

"When?"

"While reviewing the victim's work product. I noticed it then."

"Can you give me a date when this happened?"

"Not an exact date. I would say I became aware of this letter about two weeks into the investigation."

"And that would have been two weeks after Lisa Trammel was already arrested for the murder. Did you investigate further upon becoming aware of this letter, maybe talk to Louis Opparizio?"

"At some point I made inquiries and learned that Mr. Opparizio had a solid alibi for the time of the killing. I left it at that."

"What about the people working for Opparizio? Did they all have alibis?"

"I don't know."

"You don't know?"

"That's right. I did not pursue this because it appeared to be a business dispute and not a legitimate motive for murder. I do not view this letter as a threat."

"You did not consider it unusual that in this day of instant communication the victim chose to send a certified letter instead of an e-mail or a text or a fax?"

"Not really. There were several other copies of letters sent by certified mail. It seemed to be a way of doing business and keeping a record of it."

I nodded. Fair enough.

"Do you know if Mr. Bondurant ever filed a suspicious activity report in regard to Louis Opparizio or his company?"

"I checked with the Federal Trade Commission. He did not."

"Did you check with any other government agency to see if Louis Opparizio or his company were the subject of an investigation?"

"As best I could. There was nothing."

"As best you could... and so this whole thing was a dead end to you, correct?"

"That's correct."

"You checked with the FTC and you ran down a man's alibi, but then dropped it. You already had a suspect and the case against her was easy and just fell right into place for you, correct?"

"A murder case is never easy. You have to be thorough. You can leave no stone unturned."

"What about the U.S. Secret Service? Did you leave that stone unturned?"

"The Secret Service? I'm not sure what you mean."

"Did you have any interaction with the U.S. Secret Service during this investigation?"

"No, I didn't."

"How about the U.S. Attorney's Office in Los Angeles?"

"I did not. I can't speak for my partner or other colleagues who worked the case."

It was a good answer but not good enough. In my peripheral vision I could see that Freeman had moved to the edge of her seat, ready for the right moment to object to my line of questioning.

"Detective Kurlen, do you know what a federal target letter is?"

Freeman leapt to her feet before Kurlen could respond. She objected and asked for a sidebar.

"I think we'd better step back into chambers for this," the judge said. "I want the jury and court personnel to stay in place while I confer with counsel. Mr. Haller, Ms. Freeman, let's go."

I pulled a doc.u.ment and the attached envelope from one of my files and followed Freeman toward the door that led to the judge's chambers. I was confident that I was about to tilt the case in the defense's direction or I was headed to jail for contempt.

Twenty-nine.

Judge Perry was not a happy jurist. He didn't even bother to go behind his desk and sit down. We entered his chambers and he immediately turned on me and folded his arms across his chest. He stared hard at me and waited for his court reporter to take a seat and set up her machine before he spoke.

"Okay, Mr. Haller, Ms. Freeman is objecting because my guess is that this is the first she's heard about the Secret Service and the U.S. Attorney's Office and a federal target letter and what it all may or may not have to do with this case. I'm objecting myself because it's the first I remember any mention of the federal government and I'm not going to allow you to go on a federal fishing trip in front of the jury. Now if you have something, I want an offer of proof on it right now, and then I want to know why Ms. Freeman doesn't know anything about it."

"Thank you, Judge," Freeman said indignantly, hands on her hips.

I tried to defuse the situation a bit by casually stepping away from our tight grouping and moving toward the window with the view that rolled up the side of the Santa Monica Mountains. I could see the cantilevered homes along the crest. They looked like matchboxes ready to drop with the next earthquake. I knew what that was like, clinging to the edge.

"Your Honor, my office received an anonymously sent envelope in the mail that contained a copy of a federal target letter addressed to Louis Opparizio and ALOFT. It informed him that he and his company were the target of an investigation into fraudulent foreclosure practices undertaken on behalf of his client banks."

I held up the doc.u.ment and envelope.

"I have the letter right here. It is dated two weeks before the murder and just eight days after the letter of complaint Bondurant sent to Opparizio."

"When did you receive this supposedly anonymous envelope?" Freeman asked, her voice dripping with skepticism.

"It turned up yesterday in my P.O. box but wasn't opened until last night. If counsel does not believe me I will have my office manager come over and you can ask her any question you like. She's the one who went to the box."

"Let me see it," the judge demanded.

I handed Perry the letter and envelope. Freeman moved in close to him to read it as well. It was a short letter and he soon gave it back to me without asking Freeman if she was finished reading.

"You should've brought this up this morning," the judge said. "At the very least you should have provided a copy to opposing counsel and told her you planned to introduce it."

"Judge, I would have but it's obviously a photocopy and it came in the mail. I've been sandbagged before. We probably all have. I needed to verify the doc.u.ment and make sure it was legitimate before I told anyone. I didn't get that confirmation until less than an hour ago during the afternoon break."

"What was the source of the confirmation?" Freeman asked before the judge could.

"I don't know the exact details. My investigator simply told me that the letter was confirmed by the feds as legitimate. If you want further detail, I can also call in my investigator."

"That won't be necessary because I am sure Ms. Freeman will want to do her own due diligence. But bringing it up in cross-examination was far out of line, Mr. Haller. You should have informed the court this morning that you had received something in the mail that you were in the process of checking out and planned to introduce in court. You blindsided the state and and the court." the court."

"I apologize, Your Honor. My intention was to handle it properly. I guess it was a learned behavior, seeing how the state has blindsided me at least twice so far with surprise evidence and questions about timing and chain of custody."

Perry gave me a hard look but I knew he got the point. Ultimately, I believed he was a fair judge and would act accordingly. He knew the letter was legitimate and vital to the defense's case. Basic fairness held that I be allowed to pursue it. Freeman read the same thing I did and tried to head the judge off.

"Your Honor, it's four fifteen. I request that court be adjourned for the day so that the prosecution can digest this new material and be adequately prepared to proceed in the morning."

Perry shook his head.

"I don't like losing court time," he said.

"I don't either, Judge," Freeman responded. "But no doubt, as you just said, I've been blindsided here. Counsel should have brought this information forward this morning. You cannot allow him to just proceed with it without the prosecution being prepared and conducting its own confirmation and due diligence as to the context of this information. I am asking for forty-five minutes, Judge. Surely, the state is ent.i.tled to that."

The judge looked at me for opposing argument. I held my hands wide.

"Doesn't matter to me, Judge. She can take all the time in the world but it doesn't change the fact that Opparizio was and is under federal investigation for his dealings with WestLand among other banks. That would make the victim in this case a potential witness against him-the letter we introduced earlier makes that clear. The police and prosecution completely missed this aspect of the case and now Ms. Freeman wants to blame the messenger for their shallow invest-"

"Okay, Mr. Haller, we're not in front of the jury here," Perry said, cutting me off. "I understand your point. I'm going to adjourn early today but we'll start at nine sharp tomorrow and I expect all parties to be prepared and for there to be no further delays."

"Thank you, Your Honor," Freeman said.

"Let's go back," Perry said.

And we did.

My client was clinging to me as we left the courthouse. She wanted to know what other details I had about the federal investigation. Herb Dahl trailed behind us like the tail on a kite. I was uncomfortable speaking to both of them.

"Look, I don't know what it means, Lisa. That's one reason why the judge broke early today. So both the defense and the prosecution can do some work on it. You have to just back off for a bit and let me and my staff handle it."

"But this could be it, right, Mickey?"

"What do you mean, 'it'?"

"The evidence that shows it wasn't me-that proves it!"

I stopped and turned to her. Her eyes were searching my face for any sign of affirmation. Something about her desperation made me think for the first time that she may have truly been framed for Bondurant's murder.

But that wasn't like me, to believe in innocence.

"Look, Lisa, I am hoping that it will very clearly demonstrate to the jury that there is a strong alternate possibility, complete with motive and opportunity. But you need to calm down and recognize that it might not be evidence of anything. I expect that the prosecution is going to come in tomorrow with an argument to keep it away from the jury. We have to be prepared to fend that off as well as to proceed without it. So I have a lot-"

"They can't just do that! This is evidence!"

"Lisa, they can argue anything they want. And the judge will decide. The good thing is he owes us one. In fact, he owes us two for the hammer and the DNA dropping out of the sky. So I hope he'll do the right thing here and we'll get it in. That's why you have to let me go now. I need to get back to the office and get to work on this."