The Brass Verdict

I hit the “rewind” button on the remote. Golantz immediately stood, objected and asked for a sidebar. The judge waved us up and I brought along the witness list I had submitted to the court two weeks earlier.

“Your Honor,” Golantz said angrily. “The defense is once again sandbagging. There has been no indication in discovery or otherwise of Mr. Haller’s intent to explore some other crime with this witness. I object to this being introduced.”

I calmly slid the witness list in front of the judge. Under the rules of discovery, I had to list each witness I intended to call and give a brief summary of what their testimony was expected to include. Julio Muniz was on my list. The summary was brief but all-inclusive.

“It clearly says he would testify about video he shot on May second, the day of the murders,” I said. “The video he shot at the park was shot on the day of the murders, May two. It’s been on there for two weeks, Judge. If anybody is sandbagging, then it’s Mr. Golantz sandbagging himself. He could have talked to this witness and checked out his videos. He apparently didn’t.”

The judge studied the witness list for a moment and nodded.

“Objection overruled,” he said. “You may proceed, Mr. Haller.”

I went back and rewound the video and started to play it. The jury continued to pay maximum interest. It was a night shoot and the images were more grainy and the scenes seemed to jump around more than in the first sequence.

Finally, it came to footage showing a man with his hands cuffed behind his back being placed in a patrol car. A deputy closed the door and slapped the roof twice. The car drove off and came directly by the camera. As it was going by I froze the image.

The screen showed a grainy shot of the patrol car. The light of the camera illuminated the man sitting in the backseat as well as the roof of the car.

“Mr. Muniz, what’s the designation on the roof of that car?”

“Again it’s four-A or four-alpha.”

“And the man being transported, where is he sitting?”

“In the rear right passenger seat.”

“Is he handcuffed?”

“Well, he was when they put him in the car. I shot it.”

“His hands were cuffed behind his back, correct?”

“Correct.”

“Now, is he in the same position and seat in the patrol car that Mr. Elliot was in when you videotaped him about eight hours later?”

“Yes, he is. Exact same position.”

“Thank you, Mr. Muniz. No further questions.”

Golantz passed on cross-examination. There was nothing about the direct that could be attacked and the video didn’t lie. Muniz stepped down. I told the judge I wanted to leave the video screen in place for my next witness and I called Deputy Todd Stallworth to the stand.

Stallworth looked angrier as he came into the courtroom. This was good. He also looked beat and his uniform looked like it had wilted on his body. One of the sleeves of his shirt had a black scuff mark on it, presumably from some struggle during the night.

I quickly established Stallworth’s identity and that he was driving the alpha car in the Malibu district during the first shift on the day of the murders in the Elliot house. Before I could ask another question, Golantz once more objected and asked for another sidebar. When we got there, he raised his hands palms up in a What’s this? gesture. His style was getting old with me.

“Judge, I object to this witness. The defense hid him on the witness list among the many deputies who were on the scene and have no bearing on the case.”

Once again I had the witness list ready. This time I slapped it down in front of the judge with frustration, then ran my finger down the column of names until I reached Todd Stallworth. It was there in the middle of a list of five other deputies, all of whom had been on the scene at the Elliot house.

“Judge, if I was hiding Stallworth, I was hiding him in plain sight. He’s clearly listed there under law enforcement personnel. The explanation is the same as before. It says he’ll testify about his activities on May 2. That’s all I put down because I never talked to him. I’m hearing what he has to say for the first time right now.”

Golantz shook his head and tried to maintain his composure.

“Judge, from the start of this trial, the defense has relied on trickery and deception to-”

“Mr. Golantz,” the judge interrupted, “don’t say something you can’t back up and that will get you in trouble. This witness, just like the first one Mr. Haller called, has been on this list for two weeks. Right there in black-and-white. You had every opportunity to find out what these people were going to say. If you didn’t take that opportunity, then that was your decision. But this is not trickery or deception. You better watch yourself.”

Golantz stood with his head bowed for a moment before speaking.

“Your Honor, the state requests a brief recess,” he finally said in a quiet voice.

“How brief?”

“Until one o’clock.”

“I wouldn’t call two hours brief, Mr. Golantz.”

“Your Honor,” I cut in. “I object to any recess. He just wants to grab my witness and turn his testimony.”