The Gods of Guilt(128)

I then moved into matters intrinsic to the defense case. It seemed to me that all the tendrils of the case had led me to this one witness. It all came down to this moment.

“Okay,” I said. “Now let’s talk about this specific case. How did it work? Were you assigned to this prosecution or did you request it?”

Lankford sat with his eyes cast downward. His posture and demeanor indicated he had not heard the question. He remained motionless and said nothing for several seconds. The silence stretched to the point that I felt the judge was on the verge of prompting him when he finally spoke.

“We normally have a rotation when it comes to murder cases.”

I nodded and was formulating a follow-up when Lankford continued.

“But in this case I personally requested the assignment.”

I paused, waiting for Lankford to say more, but he was silent. Still, I interpreted his full answer as a strong indication that we had come to a tacit agreement earlier.

“Why did you request it?”

“I had been assigned previously to a murder case in which the prosecutor was Bill Forsythe and we had worked well together. At least, that was the reason I gave.”

Lankford looked directly at me when he added the last sentence. I believed there was some kind of message in it. There was almost a pleading look in his eyes.

“Are you saying you had an ulterior motive for requesting the case?”

“Yes. I did.”

I could almost feel Forsythe tightening up as he sat at the table next to the lectern.

“What was that motive?”

“I wanted to be on the case so I could monitor it from the inside.”

“Why?”

“Because I was told to.”

“You mean by a supervisor?”

“No, I don’t mean a supervisor.”

“Then by who?”

“James Marco.”

I don’t think in all the thousands of hours I have spent in courtrooms that I had ever had such a moment of clarity. But I knew the moment that Lankford said the name James Marco that my client, if he was to survive his injuries, would be set free. I looked down at the top sheet of my yellow legal pad and composed myself for a moment before continuing.

And in that moment, Forsythe rose in slow motion, as if knowing by reflex that he had to stop this but being unsure of how to do it. He asked for a sidebar and the judge told us to come forward. As we assembled in front of the judge, I actually felt sorry for Forsythe because of the predicament the prosecutor was in.

“Judge,” he said, “I would like to request a fifteen-minute recess so I can confer with my investigator.”

“That’s not going to happen, Mr. Forsythe,” Leggoe responded. “He’s a witness now. Anything else?”

“I’m being sandbagged here, Judge. This—”

“By Mr. Haller or your own investigator?”

Forsythe stood frozen.

“Go back, gentlemen. And Mr. Haller, continue with the witness.”

I went back to the lectern. Forsythe sat down and stared straight ahead, bracing for what was coming.

“You said that Agent Marco told you to monitor this case?” I asked Lankford.

“Yes,” he said.

“Why is that?”

“Because he wanted to know whatever we could find out about Gloria Dayton’s murder investigation.”

“He knew her?”

“He told me she was his informant a long time ago.”

I made a mark on my legal pad, checking off one of the points I had wanted to make through Lankford’s testimony. I glanced over at the jury box. Twelve for twelve, plus two alternates, they were riveted. And so was I. I had chosen Lankford over Marco as the weaker part of the conspiracy. He saw the Sterghos house video and, of course, knew he was the man in the hat. He knew that his only way out was to carefully attempt to pick his way through his testimony without snagging himself on perjury or self-incrimination. It was going to be hard to do.

“Let’s back up for a minute,” I said. “You’re familiar with the video taken through security cameras at the Beverly Wilshire hotel that showed Gloria Dayton on the evening she was murdered, are you not?”

Lankford closed his eyes for a long moment and then opened them.

“Yes, I am.”

“I am talking about the video first shown to the jury yesterday.”

“Yes, I know.”

“When did you first see that video?”

“About two months ago. I don’t remember the date.”

“Now yesterday during testimony, Victor Hensley, a security supervisor at the hotel, said he believed that the video showed Gloria Dayton being followed when she left the hotel. Do you have an opinion on that?”

Forsythe objected, saying the question was leading and beyond the scope of Lankford’s knowledge and expertise. The judge overruled it and I asked Lankford the question again.