Trial Junkies

— 36 -

It didn't take long to figure out what Waverly's trial strategy was.

Hutch had seen it before, when he was fifteen years old and OJ Simpson was foremost in the news. He and his parents had watched snippets of the spectacle on TV as Johnnie Cochran and company had turned the tables on their adversaries and put the LAPD itself on trial.

Ronnie's claims that she'd been set up played in Hutch's mind, and he no longer doubted this was true. It stood to reason that a couple of overzealous cops, getting pressure from above, had taken it upon themselves to ensure the conviction of a woman they thought was guilty, by planting the bloody sweatshirt in her garbage bin.

Who else would have done it?

Certainly not Langer, if Hutch was right about him. His motive was to protect Ronnie.

And Hutch doubted anyone alive today would have trouble with the notion that cops can sometimes be corrupt. Five minutes on YouTube would settle that argument.

The morning began with Detective Meyer on the stand, once again playing the cocky charmer, the smile on his face saying he was looking forward to his encounter with Waverly. Facing off with a defense attorney-especially a female defense attorney-was a sport for him. One he most certainly excelled at.

But if Waverly's body language was to be believed, she was more than up to the challenge. Once Judge O'Donnell reminded Meyer that he was still under oath, Waverly bounced to her feet and nearly charged the podium.

"Detective Meyer, when you're investigating a homicide-not just this one, but any homicide-how do you determine who might be a suspect?"

"How else?" Meyer said, then gave Waverly a look that suggested that this was possibly the dumbest question he'd ever been asked. "We follow the evidence and see where it leads."

"Isn't it true that statistics show most murders are committed by someone close to the victim, like a friend or a family member?"

"Objection," Abernathy said. "The witness isn't an expert in statistics."

"But he is a veteran homicide investigator, Your Honor, and is well aware of such things. I believe Mr. Abernathy made that very same claim during his direct."

"She has a point," the judge said to Abernathy. "Answer the question, Detective Meyer."

Meyer nodded, then looked at Waverly. "It all depends on the case, but yes, most murders are committed by someone close to the victim."

"Like a spouse or a lover?"

"Oftentimes, yes."

"And did you find such a person in Ms. Keating's life?"

"According to her family and friends, she wasn't attached to anyone at the time of her death."

"What about former boyfriends? Did you speak to any of them?"

Meyer's expression made it clear that this was another stupid question. "As I testified on Monday, we took a careful look at her exes."

"Including the most recent one?"

"Yes, of course."

"Can you tell the court his name?"

"Objection," Abernathy said. "What's the point of all this?"

"Your Honor, during direct examination, Mr. Abernathy spent a great deal of time having Detective Meyer recount the steps of his investigation. I'm merely trying to delve a little deeper into the subject."

"Overruled," the judge said.

"Thank you." Waverly turned to Meyer. "So can you tell us his name, Detective? The name of the victim's most recent boyfriend?"

"Warren Lutz," he said.

Waverly's eyebrows went up in surprise. It was an act, but an effective one. "Would that be Assistant District Attorney Warren Lutz?"

"It would."

"And when you spoke to him, did you consider him a suspect?"

Hutch knew that Jenny had dated this guy Lutz for several years, and remembered seeing a photo of them on a news site, having dinner and drinks at a local hot spot. As she looked into the camera, however, Jenny's smile had seemed forced-the same smile she wore whenever she was around her father. Based on that photo alone, Hutch had known that the relationship wouldn't last, but he'd never for a moment thought Lutz was her killer, and he doubted Waverly did either.

"Detective Meyer? Did you consider him a suspect?"

There was a flicker of movement in Meyer's eyes, a subtle glance toward Abernathy. He hesitated for what couldn't have been more than a couple milliseconds, then said, "In the early stages of an investigation like this, the suspect list tends to be very long."

"That doesn't answer my question. Did you consider ADA Lutz to be a suspect or not?"

"We entertained the notion, of course, but like most of the other possibilities, it didn't pan out."

"And why is that?"

Meyer shrugged. "Mr. Lutz and Ms. Keating hadn't been together for months, and their break-up was amicable."

"And you know this how?"

"Mr. Lutz told us."

"Really?" Waverly said. "And you believed him?"

"We had no reason not to. He seemed genuinely distraught over Ms. Keating's death. And when we checked with friends and colleagues, no one contradicted his statement."

"I assume you asked him where he was on the night of Ms. Keating's murder?"

"We did."

"And his response?"

"He was at home, preparing for a trial."

"Alone?"

Meyer nodded. "That's what he told us."

"And you, of course, believed him," Waverly said. "How would you characterize your relationship with ADA Lutz?"

"Objection," Abernathy said. "Relevance?"

Waverly didn't flinch. "I think that'll be clear in a moment, Your Honor."

The judge waggled a finger at her. "Proceed."

Waverly thanked him, then looked at Meyer and asked the question again. "How would you characterize your relationship with ADA Lutz?"

"Professional," Meyer said.

"You've worked together on cases?"

"Several. He's the head of the major crimes unit at the District Attorney's office."

"So is it possible you dismissed him as a suspect because of your relationship?"

"No," Meyer said. "When you're investigating a crime you learn very quickly that the evidence is all that matters."

"So you've said. Yet here you had a man who fit the statistical profile to a T. He had a prior intimate relationship with the victim, and no alibi for the night in question."

Meyer chuckled. "Like I told you, we follow evidence, not statistics. Besides, when you've been a cop as long as I have, you learn how to spot a liar very quickly. And not only is ADA Lutz not a liar, he's a man of great integrity. He recused himself from the case the moment he found out who the victim was."

"A man of great integrity," Waverly repeated with some doubt in her voice. Then she said, "What about Ms. Baldacci?"

"What about her?"

"When you arrested her and brought her down to the station, I assume you questioned her?"

"Yes," Meyer said. "Until she requested a lawyer."

"Did you ask her about her relationship with Ms. Keating?"

"Yes," Meyer said.

"And how did she characterize it?"

Meyer thought a moment. "She said they were friends and housemates in college, but hadn't really kept in touch. She claimed the last time she'd seen Ms. Keating was when they ran into each other at a play, about a month before the killing."

"And what about an alibi? Did she have one for the night in question?"

"On the contrary," Meyer said. "Her mother told us she'd gone out that night."

"And what did Ms. Baldacci say?"

"That she'd had a lot on her mind and went out for a drink. She couldn't remember the name of the bar, so there were no witnesses to corroborate."

"But your super-duper built-in lie detector told you she was lying, correct?"

"Objection, Your Honor."

"I'll rephrase," Waverly said, still looking at Meyer. "Did you think Ms. Baldacci was lying?"

"At that point I knew she was."

Waverly nodded, then said, "So let's explore this a moment. You had two people without alibis. Mr. Lutz had recently been intimately involved with Ms. Keating, while my client hadn't had any significant contact with her in years. Yet you targeted Ms. Baldacci as your prime suspect?"

Meyer nodded. "Based on the evidence, yes."

"Which evidence was that?"

"The forensics and the phone calls."

"Yet you've testified that, except for those calls, none of this evidence came to light until the day you arrested Ms. Baldacci."

"Which is why we arrested her."

"But you also previously testified that whenever you hit a dead end, you went back to Ms. Baldacci as a potential suspect, isn't that right?"

"I believe that's what I said, yes. Because of the phone calls."

"And when you checked the victim's phone records, did you notice any calls from ADA Lutz?"

Meyer hesitated. "A few, yes."

"What do you mean by a few? Two, three?"

"More than that."

"Five, ten or more?"

"I can't be sure. I'd have to check the records."

"Did you ask ADA Lutz about these calls?"

Meyer shook his head. "Like I said, they parted amicably, so they were still friends. Friends call each other."

"I see," Waverly said. "Yet you didn't feel Ms. Baldacci deserved the same benefit of the doubt?"

"Not when I saw the forensics."

"But you've now testified twice that you kept going back to Ms. Baldacci as your potential prime suspect. Which would indicate to me that you'd had her in mind even before you had the forensics report or found the sweatshirt in her garbage bin. Is that a fair characterization of your thinking?"

"We had several people in mind, but yes, she was the one who stuck out."

"But doesn't that contradict your earlier testimony, detective?"

Meyer frowned. "How so?"

"You've said several times that when you investigate a crime, you learn very quickly that the evidence is all that matters. That you follow it to see where it leads."

"That's right," Meyer said.

"Yet early in this investigation, when you had only a few phone calls to go on, it was Ms. Baldacci who, as you said, stuck out. And even though ADA Lutz had called the victim several times himself and fit the statistical profile to a T, you almost immediately dismissed him as a potential-"

"Is there a question in there somewhere?" Abernathy barked.

Judge O'Donnell said, "I assume you have one, Ms. Waverly?"

"I do, Your Honor." She looked at the witness. "Detective Meyer, prior to the discovery of the forensic evidence-in fact, prior to even questioning my client-why did you consider her a suspect over Mr. Lutz?"

Meyer opened his mouth to speak, then closed it again. For the first time he seemed to be at a loss for an answer, his cocksure demeanor vacating him like smoke up a chimney.

"Detective Meyer?"

Hutch could almost see the gears grinding inside Meyer's head. He regained his composure, then said, "Because of the nature of those phone calls. Ms. Keating's secretary said they were quite heated."

"Yet you didn't feel it was necessary to ask Mr. Lutz about the nature of his. You just assumed they were friendly, isn't that right?"

Meyer was again at a loss for a response, and Hutch could see the anger rising inside him. He hoped the jury could see it as well.

"You seem to be struggling for answer, Detective, so I'll withdraw the question and ask you another. You've stated several times that your experience as an investigator has taught you how to spot a liar, correct?"

"I don't know about several times," Meyer said. "But, yeah. Most people aren't very good at it."

"What about a woman by the name of Rebecca Tyler? Was she a liar, too?"

Abernathy jumped to his feet. "Objection, Your Honor. Detective Meyer's previous cases have no bearing on these proceedings."

The judge waved a hand at him. "Sit down, Mr. Abernathy. We've been over this ad infinitum and I'm allowing it."

"I want my objection noted for the record."

"That's why we have a court reporter. Now sit down, please."

Abernathy made a show of his unhappiness, demonstrating for the jury the unfairness of it all, then sat back down.

"Detective Meyer?" Waverly said. "Was Rebecca Tyler a liar?"

"The Tyler case was complicated."

"Oh? Can you give us the particulars, please?"

"This was about seven years ago," Meyer said. "A child abduction case. Ms. Tyler's daughter Kayla went missing from her home, and Ms. Tyler was convinced that her ex-husband-the girl's former stepfather-had taken her. Three days later Kayla's dismembered body was found in a supermarket dumpster in Bronzeville."

Several of the jurors' faces blanched in horror, while others nodded their heads as if remembering the event. Hutch had no memory of it himself, but it had happened after he'd left for California, and apparently had never gotten any national airplay.

Waverly said, "And you were the lead detective, correct?"

"Yes."

"Did you question the girl's former stepfather?"

"Of course. Based on Tyler's statements, he was initially our prime suspect."

"Yet he wasn't immediately arrested, was he?"

"No," Meyer said.

"Why not?"

"He had a solid alibi for the time of Kayla's disappearance. He had been fishing with his father and brother, both of whom corroborated."

"So you turned your attention to the mother, correct? Rebecca Tyler."

"Yes."

"And why was that?"

"A number of reasons."

"Can you give us an example?"

Meyer cleared his throat. "Well, we're back to statistics again, but studies have shown us that the mother is most often culpable for the murder of a child under the age of five, a phenomenon known as maternal filicide. Kayla was six, but that was close enough in my book."

"But you've already told us that you don't rely on statistics-at least not as they apply to the case at bar. Was there any other reason you focused on Ms. Tyler?"

Meyer nodded. "Every witness we spoke to said that she was a terrible mother. She drank a lot, smoked marijuana, had multiple boyfriends. She would often put Kayla to bed at night, then go out and party."

"That may be poor judgment," Waverly said, "but it doesn't make her a murderer. Did she have an alibi for the night her daughter disappeared?"

"Yes. She claimed she went out clubbing with her friends and when she came home, Kayla was gone."

"And did her friends corroborate?"

"Yes."

Waverly frowned. "Then I don't understand. Why was she detained? You didn't believe them?"

"No, I didn't," Meyer said. "Not for a New York minute."

"You thought they were covering for her?"

"Yes."

"Lying?"

"Yes."

Waverly mulled this over for a moment, then said, "So please explain something to me, Detective Meyer. Why is it that you didn't believe Ms. Tyler's friends, yet the moment her ex-husband's brother and father gave him an alibi, you dismissed him as a suspect?"

Meyer shrugged. "I considered them more credible witnesses."

"Why? Because they were men, not slutty little party girls?"

Abernathy was on his feet again. "Objection, Your Honor. This is outrageous."

"Sustained," the judge said, glowering at Waverly. "Reign yourself in, counsel."

"My apologies, Your Honor." As she turned to glance at Ronnie, however, she had a slight smile on her face. "Detective Meyer, did you have any physical evidence against Ms. Tyler?"

"No," Meyer said.

"Nothing to prove that she had murdered her daughter?"

"No," Meyer said.

"Yet isn't it true that you pushed for her continued detention, forcing her attorney to seek a writ of habeas corpus for her release?"

"I believed she was guilty."

"That's not really an answer, Detective, but it'll do. Can you tell me what the ultimate outcome of the case was? Were any formal charges against Ms. Tyler ever filed?"

"No," Meyer said.

"And why is that?"

Meyer shifted uncomfortably now. "A witness came forward and confessed to his involvement in the crime."

"And who was that witness?"

Meyer shifted again. "The ex-husband's brother."

"The very same brother who had corroborated the alibi? The one you felt was so credible?"

Meyer was silent.

"Detective?"

"Yes," he said reluctantly. "The same man."

"And what exactly was his involvement in the crime?"

"He helped dispose of the body."

"And who did he help?"

It was clear by Meyer's expression that he didn't want to answer this question. "Kayla's former stepfather. The ex-husband."

"So Ms. Tyler's suspicions about her ex turned out to be correct? That he had kidnapped the child from her home?"

"Yes," Meyer said.

Waverly paused, then said, "So tell me this, Detective. Based on your experience with the Tyler case, and the case currently at bar, would you say that your self-professed ability to spot liars often demonstrates a bias against women?"

"Objection!" Abernathy said, jumping to his feet once again. "This is a specious attempt at character assassination, Your Honor, and-"

"I'd like to hear his answer," the judge said. "Overruled."

Abernathy's jaw tightened and he sat down as Waverly repeated the question.

Trying his best to look unruffled, Meyer said, "My instincts aren't always perfect. But every case is different. I'm not a woman hater, if that's what you're implying."

Waverly smiled slightly and shrugged. "I'm just looking at the evidence, Detective. Trying to see where it leads."

There were titters around the courtroom as the jab sank in, then Waverly crossed to the defense table and picked up a small stack of paper.

"Detective Meyer, is it true that approximately four months after the Rebecca Tyler case was concluded, you appeared on a late night radio talk show called The Danger Zone?"

Hutch saw something flicker in the detective's eyes. Meyer hadn't been expecting this and glanced at Abernathy as if to say, Stop her. This won't be good.

"Uh… yes," he managed.

Waverly handed one of the sheets of paper to the court clerk. "Your Honor, I have here an excerpted transcript of that radio show, which I'd like to enter into evidence as Defense Exhibit A."

Abernathy shot her a look and began thumbing through the stack of binders in front of him on the table. "Objection," he said. "This transcript wasn't provided to us."

"Keep looking," Waverly told him. "We have proof of service."

Gus, who had been sitting next to Hutch, leaned toward him now and whispered, "Looks like a good old game of hide and seek."

When Hutch pulled a blank, Gus explained that attorneys sometimes played fast and loose with discovery. They'd place potentially volatile material amid the more innocuous documents that normally received only a cursory glance. If opposing counsel wasn't diligent in its review of what was sometimes a mountain of paperwork, he might be the victim of a surprise attack.

As Abernathy continued to search, Waverly stepped over to him and dropped a copy of the transcript on the table. "Free of charge."

Looking agitated, Abernathy snatched it up, glanced at it and said, "Your Honor, I don't see the relevancy of this document in regard to these proceedings."

"Its relevance will become clear in just a moment," Waverly told the judge. "The court ruled that the defendant would be allowed to explore the witness's previous cases, and this is part of that exploration."

Judge O'Donnell nodded. "Please continue, counsel."

Waverly looked at Meyer. "Detective, can you tell us the nature of the show you appeared on?"

"I believe it was a call-in show about politics and current events."

"And what was the topic under discussion that night?"

Meyer shifted again. "That was a long time ago. I don't really remember."

"May I approach the witness, Your Honor?"

"By all means."

Waverly moved to the witness box and handed Meyer a copy of the transcript. "Maybe this will refresh your memory."

Meyer took it reluctantly, then glanced down at it.

"If you look at the top left corner," she said, "there's a show number, the date, and the title of that night's show. Can you please read that title for the court?"

Meyer fished for a pair of glasses and put them on. "'The Ones Who Got Away,'" he read.

"Not very original, but does it refresh your memory at all?"

He nodded. "The host wanted to talk about criminal cases throughout history in which the prime suspect was either acquitted by a jury or was never charged with the crime."

"People like Lizzie Borden and OJ?"

"Yes."

"And Rebecca Tyler?"

He hesitated. "Yes."

"Which is why you were invited on the show, correct? To talk about the case."

"Yes," Meyer said, looking like a man in a desperate search for his swagger.

Waverly paused, then pointed to the transcript in Meyer's hand. "Detective, there are numbers on the side of that document. Lines thirty-two through thirty-four are a comment and question posed by the host of the show, a Mr. Alan Crane. Can you read that passage aloud for us, please?"

Meyer hesitated, then dropped his gaze to the transcript. Then he read, "'Crane: It looks to me like it all worked out, Detective Meyer. The brother confessed. The ex-husband got twenty to life for what he did. You got your man. So why do you seem so dissatisfied with the outcome?'"

Waverly nodded and gestured to the sheet of paper again. "Now can you read your response? Lines thirty-five through thirty-nine."

"Objection!" Abernathy shouted, seeming to have forgotten the famous dictum, never let them see you sweat.

"Overruled," Judge O'Donnell said immediately. "Read the passage Detective."

Meyer once again shifted in his seat and stared down at the page. All the fight had gone out of him. "'Meyer: Yeah, I'm dissatisfied, because I don't think the guy and his brother were the only ones involved. I think that little slut manipulated him into murdering her kid, so she could go out and party all night and screw anyone who winked at her.'"

The courtroom was silent. Even though Meyer had read it in a weary monotone, the statement said more about him than the hours of testimony preceding it, and his claim of not being a woman hater had been rendered as hollow as a bamboo saxophone. The women on the jury were looking at him in a whole new way now.

This didn't negate the fact that the prosecution still had some pretty damning evidence against Ronnie, but Waverly had successfully managed to remove Meyer's teeth and set the stage for a wrongful prosecution rap. And everything Meyer had said, everything he would say from here on out, would be regarded with deep suspicion.

Bravo, Hutch thought. She had played it expertly.

"Isn't it true, Detective, that you were reprimanded and suspended for this remark?"

"Yes," Meyer said.

"And didn't Ms. Tyler's attorney threaten a lawsuit against both you and the department for defamation of character against his client?"

"Cops get threats all the time," Meyer said. "Most of them don't amount to much."

"What about this one? What was the outcome?"

"It was eventually withdrawn after a deal was made by the city's Corporation Counsel."

"And what were the terms of that deal?"

"Objection, Your Honor. I doubt those terms are for public consumption."

"Overruled."

"The terms, Detective?"

Meyer shifted once again. "Ms. Tyler agreed to forego the suit in exchange for a small sum of money and a personal apology."

Waverly arched a brow. "I think you've left something out. What else did Ms. Tyler ask for?"

Meyer clearly didn't want to answer, but knew he had no choice. "My enrollment in a two-week gender sensitivity class."

"Gender sensitivity," Waverly said with a nearly imperceptible smile. "I think I'll leave it to the jury to decide whether or not it was effective."