The Gods of Guilt(125)

“Your Honor, Agent Marco has sought to avoid testifying at this trial. He has even brought his lawyer with him today. Additionally, the one and only time I have met Agent Marco, he threatened me. I think that makes him, well, hostile.”

Forsythe stood to respond, as did Marco’s attorney, but the judge waved them off.

“Your request is denied. Let’s start the testimony and see how it goes. Now, what troubles you about Agent Marco’s sidearm?”

I asked if she could direct Marco to stand in the gallery so that she could see his gun. She agreed and ordered him to stand.

“Your Honor,” I said, “I believe that his wearing his weapon in such an open way is threatening and prejudicial.”

“He is a law enforcement officer,” Leggoe said. “And that will be established, I’m assuming, when he begins his testimony.”

“Yes, Judge, but he’s going to walk by the jury on his way to the stand looking like he’s Wyatt Earp. This is a courtroom, Judge, not the Old West.”

The judge thought for a moment and then shook her head.

“I’m unconvinced, Mr. Haller. I’m denying that request as well.”

I had hoped the judge would read between the lines and understand what I was seeking. I was going to push Marco out of his comfort zone and, depending on how things went, possibly even accuse him of murder. You never know how people are going to react, even law enforcement officers. I would have been far more comfortable knowing Marco was unarmed.

“Anything else, Mr. Haller? The jury has been most patient waiting on us.”

“Yes, Judge, one more thing. This morning I will call Agent Marco, followed by Investigator Lankford. I would ask that you instruct Mr. Lankford to remain in the courtroom so that I can ensure his testimony.”

“I will do no such thing. Mr. Lankford is expected to be where he should be, but I will not restrict his movements in the meantime. Let’s bring the jury in now.”

I glanced back at Lankford after the ruling and saw his cold-eyed stare trained fully on me.

The jury was finally seated, and the judge took five minutes to explain to them that the defendant would likely not be present for the rest of the trial. She said this was due to a hospitalization that had nothing to do with the trial or the case at hand. She admonished them not to let the defendant’s absence affect their deliberations or view of the trial in any way.

I then took my place at the lectern and called James Marco to the stand. The federal agent stood in the gallery and stepped forward with an undeniable confidence and ease in his stride.

After the preliminaries that identified him as a DEA agent and member of the ICE team, I quickly got down to the script I had worked out in my head during the sleepless night before.

“Agent Marco, please tell the jury how you knew the victim in this case, Gloria Dayton.”

“I did not know her.”

“We have heard testimony here that she was your informant. Is that not true?”

“It is not true.”

“Did she call you on November sixth to inform you that she had been subpoenaed in a habeas corpus case involving Hector Arrande Moya?”

“No, she did not.”

“Are you familiar with Hector Arrande Moya?”

“Yes, I am.”

“How so?”

“He’s a drug dealer who was arrested by the LAPD about eight years ago. The case was eventually taken over by federal prosecutors and it landed in my lap. I became the case agent on it at that time. Moya was convicted of various charges in federal court and sentenced to life in prison.”

“And in the course of your work on that case, did you ever hear the name Gloria Dayton?”

“No, I did not.”

I paused for a moment and referred to my notes. So far, Marco had been nothing but cordial in his responses and seemed unconcerned by being forced to testify. His denials were what I had expected. My job was to somehow open a crack in the facade and then exploit it.

“Now, you are currently involved in a federal case involving Hector Moya, are you not?”

“I don’t know the details because the lawyers are handling it.”

“Mr. Moya is suing the federal government, alleging that you set him up in that bust eight years ago, is he not?”

“Mr. Moya is in prison and is a desperate man. You can sue anybody for anything, but the fact is, I was not there when he got busted and it wasn’t my case. It came to me afterward and that’s all I know about the whole thing.”

I nodded as though I was pleased with his answer.

“Okay, let’s move on. What about other players in this case? Do you know or have past experience with anyone?”

“Players? I am not sure who you mean?”