The Concrete Blonde

3

“Ladies and gentlemen,” U.S. District Judge Alva Keyes intoned as he eyed the jury, “we begin the trial with what we call opening statements by the attorneys. Mind you, these are not to be construed by you as evidence. These are more or less blueprints-road maps, if you will, of the route each attorney wants to take with his or her case. You do not consider them evidence. They may make some highfalutin allegations, but just because they say it doesn’t make it true. After all, they’re lawyers.”

This brought a polite titter of laughter from the jury and the rest of courtroom 4. With his southern accent, it sounded as if the judge had said lie-yers, which added to the glee. Even Money Chandler smiled. Bosch looked around from his seat at the defense table and saw that the public seats in the huge wood-paneled courtroom with twenty-foot ceilings were about half full. In the front row on the plaintiff’s side were eight people who were Norman Church’s family members and friends, not counting his widow, who sat up at the plaintiff’s table with Chandler.

There were also about a half dozen courthouse hangers-on, old men with nothing better to do but watch the drama in other people’s lives. Plus an assortment of law clerks and students who probably wanted to watch the great Honey Chandler do her thing, and a group of reporters with their pens poised over their pads. Openers always made a story-because, as the judge had said, the lawyers could say anything they wanted. After today, Bosch knew, the reporters would drop in from time to time but there probably wouldn’t be many other stories until closing statements and a verdict.

Unless something unusual happened.

Bosch looked directly behind him. There was nobody in the benches back there. He knew Sylvia Moore would not be there. They had agreed on that before. He didn’t want her seeing this. He had told her it was just a formality, part of the cop’s burden to be sued for doing his job. He knew the real reason he didn’t want her here was because he had no control over this situation. He had to sit there at the defense table and let people take their best shots. Anything could come up and probably would. He didn’t want her watching that.

He wondered now if the jury would see the empty seats behind him in the spectators gallery and think that maybe he was guilty because no one had come to show support.

When the murmur of laughter died down he looked back at the judge. Judge Keyes was impressive up there on the bench. He was a big man who wore the black robe well, his thick forearms and big hands folded in front of his barrel chest, giving a sense of reserved power. His balding and sun-reddened head was large and seemed perfectly round, trimmed around the edges with gray hair and suggesting the organized storage of a massive amount of legal knowledge and perspective. He was a transplanted southerner who had specialized in civil rights cases as a lawyer and had made a name for himself by suing the LAPD for its disproportionate number of cases in which black citizens died after being put in chokeholds by officers. He had been appointed to the federal bench by President Jimmy Carter, right before he was sent back to Georgia. Judge Keyes had been ruling the roost in courtroom 4 ever since.

Bosch’s lawyer, deputy city attorney Rod Belk, had fought like hell during pretrial stages to have the judge disqualified on procedural ground and to get another judge assigned to the case. Preferably a judge without a background as a guardian of civil rights. But he had failed.

However, Bosch was not as upset by this as Belk. He realized that Judge Keyes was cut from the same legal cloth as plaintiff’s attorney Honey Chandler-suspicious of police, even hateful at times-but Bosch sensed that beyond that he was ultimately a fair man. And that’s all Bosch thought he needed to come out okay. A fair shot at the system. After all, he knew in his heart his actions at the apartment in Silverlake were correct. He had done the right thing.

“It will be up to you,” the judge was saying to the jury, “to decide if what the lawyers say is proven during trial. Remember that. Now, Ms. Chandler, you go first.”

Honey Chandler nodded at him and stood up. She moved to the lectern that stood between the plaintiff’s and the defense tables. Judge Keyes had set the strict guidelines earlier. In his courtroom, there was no moving about, no approaching the witness stand or jury box by lawyers. Anything said out loud by a lawyer was said from the lectern between the tables. Knowing the judge’s strict demand for compliance to his guidelines, Chandler even asked his permission before turning the heavy mahogany altar at an angle so she would face the jury while speaking. The judge sternly nodded his approval.

“Good afternoon,” she began. “The judge is quite right when he tells you that this statement is nothing more than a road map.”

Good strategy, Bosch thought from the cellar of cynicism from which he viewed this whole case. Pander to the judge with your first sentence. He watched Chandler as she referred to the yellow legal pad she had put down on the lectern. Bosch noticed that over the top button of her blouse was a large pin with a round black onyx stone set in it. It was flat and as dead as a shark’s eye. She had her hair pulled severely back and braided in a no-nonsense style behind her head. But one tress of hair had come loose and it helped affect the image of a woman not preoccupied with her looks but totally focused on the law, on the case, on the heinous miscarriage of justice perpetrated by the defendant. Bosch believed she probably pulled the hair loose on purpose.

As he watched her start, Bosch remembered the thud he had felt in his chest when he heard she was the lawyer for Church’s wife. To him, it was far more disturbing than learning Judge Keyes had been assigned the trial. She was that good. That was why they called her Money.

“I would like to take you down the road a piece,” Chandler said and Bosch wondered if she was even developing a southern accent now. “I just want to highlight what our case is about and what we believe the evidence will prove. It is a civil rights case. It involves the fatal shooting of a man named Norman Church at the hands of the police.”

She paused here. Not to look at her yellow pad but for effect, to gather all attention to what she would say next. Bosch looked over at the jury. Five women and seven men. Three blacks, three Latinos, one Asian and five whites. They were looking at Chandler with rapt attention.

“This case,” Chandler said, “is about a police officer who wasn’t satisfied with his job and the vast powers it gave him. This officer also wanted your job. And he wanted Judge Keyes’s job. And he wanted the state’s job of administering the verdicts and sentences set down by judges and juries. He wanted it all. This case is about Detective Harry Bosch, who you see sitting at the defendant’s table.”

She pointed at Bosch while drawing out the word dee-fend-ant. Belk immediately stood up and objected.

“Miss Chandler does not need to point my client out to the jury or make sarcastic vocalizations. Yes, we are at the defense table. That’s because this is a civil case and in this country anybody can sue anybody, even the family of a-”

“Objection, Your Honor,” Chandler shouted. “He is using his objection to further try to destroy the reputation of Mr. Church, who was never convicted of anything because-”

“Enough!” Judge Keyes thundered. “Objection sustained. Ms. Chandler, we don’t need to point. We all know who we are. We also do not need inflammatory accent being placed on any words. Words are beautiful and ugly, all on their own. Let them stand for themselves. As for Mr. Belk, I find it acutely annoying when opposing counsel interrupts opening statements or closing arguments. You will have your turn, sir. I would suggest that you not object during Ms. Chandler’s statement unless an egregious trespass on your client has occurred. I do not consider pointing at him worth the objection.”

“Thank you, Your Honor,” Belk and Chandler said in unison.

“Proceed, Ms. Chandler. As I said in chambers this morning, I want opening statements done by the end of the day and I have another matter at four.”

“Thank you, Your Honor,” she said again. Then, turning back to the jury, she said, “Ladies and gentlemen, we all need our police. We all look up to our police. Most of them-the vast majority of them-do a thankless job and do it well. The police department is an indispensable part of our society. What would we do if we could not count on police officers to serve and protect us? But that is not what this trial is about. I want you to remember that as the trial progresses. This is about what we would do if one member of that police force broke away from the rules and regulations, the policies that govern that police force. What we are talking about is called a rogue cop. And the evidence will show that Harry Bosch is a rogue cop, a man who one night four years ago decided to be judge, jury and executioner. He shot a man that he thought was a killer. A heinous serial killer, yes, but at the moment the defendant chose to pull out his gun and fire on Mr. Norman Church there was no legal evidence of that.

“Now, you are going to hear from the defense all manner of supposed evidence that police said they found that connected Mr. Church to these killings, but remember during the trial where this evidence came from-the police themselves-and when it was found-after Mr. Church had been executed. I think we will show that this supposed evidence is questionable at best. Tainted, at best. And, in effect, you will have to decide if Mr. Church, a married man with two young children and a well-paying job at an aircraft factory, was indeed this killer, the so-called Dollmaker, or simply was made the fall guy, the scapegoat, by a police department covering up the sin of one of its own. The brutal, unwarranted and unnecessary execution of an unarmed man.”

She continued on, speaking at length about the code of silence known to exist in the department, the force’s long history of brutality, the Rodney King beating and the riots. Somehow, according to Honey Chandler, these were all black flowers on a plant grown from a seed that was Harry Bosch’s killing of Norman Church. Bosch heard her go on but wasn’t really listening anymore. He kept his eyes open and occasionally made eye contact with a juror, but he was off on his own. This was his own defense. The lawyers, the jurors and the judge were going to take a week, maybe longer, to dissect what he had thought and done in less than five seconds. To be able to sit in the courtroom for this he was going to have to be able to go off on his own.

In his private reverie he thought of Church’s face. At the end, in the apartment over the garage on Hyperion Street. They had locked eyes. The eyes Bosch had seen were killer’s eyes, as dark as the stone at Chandler’s throat.

“… even if he was reaching for a gun, would that matter?” Chandler was saying. “A man had kicked the door open. A man with a gun. Who could blame someone for reaching, according to police, for a weapon for protection. The fact that he was reaching for something seemingly as laughable as a hairpiece makes this episode all the more repugnant. He was killed in cold blood. Our society cannot accept that.”

Bosch tuned her out again and thought of the new victim, entombed for what was likely years in a concrete floor. He wondered if a missing-person report was ever taken, if there was a mother or father or husband or child wondering all this time about her. After returning from the scene he had started to tell Belk about the discovery. He asked the lawyer to ask Judge Keyes for a continuance, to delay the trial until the new death could be sorted out. But Belk had cut him off, telling him that the less he knew the better. Belk seemed so frightened of the implications of the new discovery that he determined that the best tack was to do the opposite of what Bosch suggested. He wanted to hurry the trial through before news of the discovery and its possible connection to the Dollmaker became public.

Chandler was now near the end of the one-hour allotment for her opener. She had gone on at length about the police department’s shooting policy and Bosch thought she might have lost the grip she had on the jury in the beginning. For a while she had even lost Belk, who sat next to Bosch paging through his own yellow pad and rehearsing his opener in his head.

Belk was a large man-almost eighty pounds overweight, Bosch guessed-and prone to sweating, even in the overly cooled courtroom. Bosch had often wondered during the jury selection if the sweating was Belk’s response to the burden of weight he carried or the burden of trying a case against Chandler and before Judge Keyes. Belk couldn’t be over thirty, Bosch guessed. Maybe five years max out of a middle-range law school and in over his head going up against Chandler.

The word “justice” brought Bosch’s attention back. He knew that Chandler had turned it up a notch and was coming down the backstretch when she started using the word in almost every sentence. In civil court, justice and money were interchangeable because they meant the same thing.

“Justice for Norman Church was fleeting. It lasted all of a few seconds. Justice was the time it took Detective Bosch to kick open the door, point his satin-finished 9mm Smith amp; Wesson and pull the trigger. Justice was one shot. The bullet Detective Bosch chose to execute Mr. Church with was called an XTP. That is short for extreme terminal performance. It’s a bullet that expands to 1.5 times its width on impact and takes out huge portions of tissue and organ in its path. It took out Mr. Church’s heart. That was justice.”

Bosch noticed that many of the jurors were not looking at Chandler but at the plaintiff’s table. By leaning forward slightly he could see past the lectern and saw that the widow, Deborah Church, was dabbing tears on her cheeks with a tissue. She was a bell-shaped woman with short dark hair and small pale blue eyes. She had been the epitome of the suburban housewife and mother until the morning Bosch killed her husband and the cops showed up at her house with their search warrant and the reporters showed up with their questions. Bosch had actually felt sorry for her, even counted her as a victim, until she hired Money Chandler and started calling him a murderer.

“The evidence will show, ladies and gentlemen, that Detective Bosch is a product of his department,” Chandler said. “A callous, arrogant machine that dispensed justice as he saw it on his own. You will be asked if this is what you want from your police department. You will be asked to right a wrong, to provide justice for a family whose father and husband was taken.

“In closing, I would like to quote to you from a German philosopher named Friedrich Nietzsche, who wrote something a century ago that I think is germane to what we are doing today. He said, ‘Whoever fights monsters should see to it that in the process he does not become a monster. And when you look into the abyss, the abyss also looks into you…’

“Ladies and gentlemen, that is what this case is about. Detective Harry Bosch has not only looked into the abyss, but on the night Norman Church was murdered it looked into him. The darkness engulfed him and Detective Bosch fell. He became that which he served to fight. A monster. I think you will find that the evidence will lead you to no other conclusion. Thank you.”

Chandler sat down and patted her hand in a “there, there” gesture on Deborah Church’s arm. Bosch, of course, knew this was done for the jury’s sake, not the widow’s.

The judge looked up at the brass hands of the clock built into the mahogany paneling above the courtroom door and declared a fifteen-minute recess before Belk would take the lectern. As he stood for the jury, Bosch noticed one of Church’s daughters staring at him from the front row of the spectators section. He guessed she was about thirteen. The older one, Nancy. He quickly looked away and then felt guilty. He wondered if anyone in the jury saw this.

Belk said he needed the break time alone to go over his statement to the jury. Bosch felt like going up to the snack bar on the sixth floor because he still had not eaten, but it was likely a few of the jurors would go there, or worse yet, members of Church’s family. Instead, he took the escalator down to the lobby and went out to the ash can in front of the building. He lit a cigarette and leaned back against the base of the statue. He realized that he was clammy with sweat beneath his suit. Chandler’s hour-long opener had seemed like an eternity-an eternity with the eyes of the world on him. He knew the suit wouldn’t last the week and he would have to make sure his other one was clean. Thinking about such minor details finally helped relax him.

He had already put one butt out in the sand and was on his second smoke when the steel-and-glass door to the courthouse opened. Honey Chandler had used her back to push open the heavy door and therefore hadn’t seen him. She turned as she came through the door, her head bent down as she lit a cigarette with a gold lighter. As she straightened and exhaled she saw him. She walked toward the ash can, ready to bury the fresh cigarette.

“It’s okay,” Bosch said. “It’s the only one around as far as I know.”

“It is, but I don’t think it does either of us good to have to face each other outside of court.”

He shrugged and didn’t say anything. It was her move, she could leave if she wanted to. She took another drag on the cigarette.

“Just a half. I have to get back in anyway.”

He nodded and looked out toward Spring Street. In front of the county courthouse he saw a line of people waiting to go in through the metal detectors. More boat people, he thought. He saw the homeless man coming up the pavement to make his afternoon check of the ash can. The man suddenly turned around and walked back out to Spring and away. He looked back once uneasily over his shoulder as he went.

“He knows me.”

Bosch looked back at Chandler.

“He knows you?”

“He used to be a lawyer. I knew him then. Tom something-or-other. I can’t remember at the-Faraday, that’s it. I guess he didn’t want me to see him that way. But everybody around here knows about him. He’s the reminder of what can happen when things go terribly wrong.”

“What happened?”

“It’s a long story. Maybe your lawyer will tell you. Can I ask you something?”

Bosch didn’t answer.

“Why didn’t the city settle this case? Rodney King, the riots. It’s the worst time in the world to take a police case to trial. I don’t think Bulk-that’s what I call him, because I know he calls me Money. I don’t think he’s got a hold on this one. And you’ll be the one hung out to dry.”

Bosch thought a moment before answering.

“It’s off the record, Detective Bosch,” she said. “I’m just making conversation.”

“I told him not to settle. I told him if he wanted to settle, I’d go out and pay for my own lawyer.”

“That sure of yourself, huh?” She paused to inhale on her cigarette. “Well, we’ll see, I guess.”

“I guess.”

“You know it’s nothing personal.”

He knew she would get around to saying that. The biggest lie in the game.

“Maybe not for you.”

“Oh, it is for you? You shoot an unarmed man and then you take it personally when his wife objects, when she sues you?”

“Your client’s husband used to cut the strap off the purses of his victims, tie it in a slipknot around their neck and then slowly but steadily strangle them while he was raping them. He preferred leather straps. He didn’t seem to care about what women he did this to. Just the leather.”

She didn’t even flinch. He hadn’t expected her to.

“That’slate husband. My client’s late husband. And the only thing that is for sure in this case, that is provable, is that you killed him.”

“Yeah, and I’d do it again.”

“I know, Detective Bosch. That’s why we’re here.”

She pursed her lips in a frozen kiss which sharply set the line of her jaw. Her hair caught the glint of the afternoon sun. She angrily stubbed her cigarette out in the sand and then went back inside. She swung the door open as if it were made of balsa wood.