The Reversal

Bosch paused and then nodded.

“I understand.”

Forty-one

Thursday, April 8, 1:50 P.M.

There was more media in the courtroom than there had been at any other point of the trial. The first two rows of the gallery were shoulder-to-shoulder with reporters and cameramen. The rest of the rows were filled with courthouse personnel and lawyers who had heard what had happened to Clive Royce.

Sarah Gleason sat in a row by the courtroom deputy’s desk. It was marked as reserved for law enforcement officers but the deputy put her there so the reporters couldn’t get to her. Meantime, I sat at the prosecution table waiting for the judge like a man on a desert island. No Maggie. No Bosch. Nobody at the defense table. I was alone.

“Mickey,” someone whispered from behind me.

I turned to see Kate Salters from the Times leaning across the railing.

“I can’t talk now. I have to figure out what to say here.”

“But do you think your total destruction of this morning’s witness is what could have-?”

I was saved by the judge. Breitman entered the courtroom and bounded up to the bench and took her seat. Salters took hers and the question I wanted to avoid for the rest of my life remained unasked-at least for the moment.

“We are back on the record in California versus Jessup. Michael Haller is present for the People. But the jury is not present, nor is defense counsel or the defendant. I am aware through unconfirmed media reports of what has transpired in the last ninety minutes at Mr. Royce’s office. Can you add anything to what I have seen and heard on television, Mr. Haller?”

I stood up to address the court.

“Your Honor, I don’t know what they are putting out to the media at the moment, but I can confirm that Mr. Royce and his cocounsel on this case, Ms. Graydon, were shot and killed in their offices at lunchtime. Karen Revelle is also dead, as well as a police officer who responded to the shooting. The suspect in the shooting has been identified as Jason Jessup. He remains at large.”

Judging by the murmur from the gallery behind me, those basic facts had probably been speculated upon but not yet confirmed to the media.

“This is, indeed, very sad news,” Breitman said.

“Yes, Your Honor,” I said. “Very sad.”

“But I think at this moment we need to put aside our emotions and act carefully here. The issue is, how do we proceed with this case? I am pretty sure I know the answer to that question but am willing to listen to counsel before ruling. Do you wish to be heard, Mr. Haller?”

“Yes, I do, Judge. I ask the court to recess the trial for the remainder of the day and sequester the jury while we await further information. I also ask that you revoke Mr. Jessup’s pretrial release and issue a capias for his arrest.”

The judge considered these requests for a long moment before responding.

“I will grant the motion revoking the defendant’s release and issue the capias. But I don’t see the need to sequester the jury. Regrettably, I see no alternative to a mistrial here, Mr. Haller.”

I knew that would be her first thought. I had been considering my response since the moment I had returned to the courthouse.

“The People object to a mistrial, Judge. The law is clear that Mr. Jessup waives his right to be present at these proceedings by voluntarily absenting himself from them. According to what the defense represented earlier, he was scheduled to be the last witness today. But he has obviously decided not to testify. So, taking all of this into-”

“Mr. Haller, I am going to have to stop you right there. I think you are missing one part of the equation and I am afraid the horse is already out of the barn. You may recall that Deputy Solantz was assigned lunch duty with our jurors after we had the issue of tardiness on Monday.”

“Yes.”

“Well, lunch for eighteen in downtown Los Angeles is a tall order. Deputy Solantz arranged for the group to travel by bus together and eat each day at Clifton’s Cafeteria. There are TVs in the restaurant but Deputy Solantz always keeps them off the local channels. Unfortunately, one TV was on CNN today when the network chose to go live with what was occurring at Mr. Royce’s office. Several jurors saw the live report and got the gist of what was happening before Deputy Solantz managed to kill the feed. As you can imagine, Deputy Solantz is not very happy with himself at the moment, and neither am I.”

I turned and looked over at the courtroom deputy’s desk. Solantz had his eyes down in humiliation. I looked back at the judge and I knew I was dead in the water.

“Needless to say, your suggestion of sequestering the jury was a good one, just a little late. Therefore, and after taking all things into consideration, I find that the jury in this trial has been prejudiced by events which have occurred outside of the court. I intend to declare a mistrial and continue this case until such time as Mr. Jessup has been brought again before this court.”