The Night Fire (Harry Bosch #22) - Michael Connelly Page 0,40
the vitals of Jeffrey Herstadt?”
“It would have been.”
“Is that a yes?”
“Yes.”
“A moment, Your Honor.”
Haller let that last answer hang out there in front of the jury. Bosch knew that he was trying to make a decision about the next question. He fired off a quick text:
Ask the?
He saw Haller check his watch and read it.
“Mr. Haller?” Falcone prompted.
“Your Honor,” Haller said. “May I have another moment to confer with my investigator?”
“Make it fast,” Falcone said.
Bosch got up, slid his phone into his pocket, and walked up the aisle to the rail. Haller came over and they whispered.
“This is it,” Haller said. “I think I leave it here.”
“I thought you were rolling the dice,” Bosch said.
“I am. I did. But I go too far and I blow the whole thing.”
“If you don’t ask, the prosecutor will.”
“Don’t be so sure about that. Cuts both ways for her too. She might not ask him a thing.”
“It’s a search for truth. The judge said so; you said so. Ask the question. Or I’m not your investigator.”
Bosch turned to go back to where he had been sitting. For the first time he noticed Renée Ballard was in the courtroom, on the other side of the gallery. He had not seen her come in and had no idea how long she had been there.
Once seated, he turned his attention back to the front of the room. Haller was staring at Morales, still deciding whether to quit while he was ahead or ask the question that could win or lose the day—and the trial.
“Mr. Haller, do you have another question?” the judge prompted.
“Yes, Your Honor, I do,” Haller said.
“Then ask it.”
“Yes, Your Honor. Mr. Morales, between the two rescue calls you went out on, where was the oximeter?”
“In my kit.”
Bosch saw Haller ball his hand into a fist and bounce it lightly on the lectern like he was spiking a ball after a touchdown.
“You didn’t take it out?”
“No.”
“You didn’t clean or disinfect it?”
“No.”
“You didn’t sterilize it?”
“No.”
“Mr. Morales, do you know what DNA transfer is?”
Saldano jumped to her feet and objected. She argued that Morales was not a DNA expert and should not be allowed to give testimony regarding the transfer of DNA. Before the judge could respond, Haller did.
“I withdraw the question,” he said.
It was clear Haller knew the objection would come. He had just wanted to get the phrase DNA transfer into the record and the jury thinking about it. Haller’s next witness would close the deal on that.
“Then do you have another question, Mr. Haller?” the judge asked.
“No, Your Honor,” Haller said. “I have nothing further.”
Haller returned to the defense table, glancing back at Bosch and giving a nod as he went. Bosch checked the row of reporters. They seemed frozen. There was a stillness to the courtroom that underlined what Haller had just done with his questioning of Morales.
“Ms. Saldano, do you wish to cross-examine the witness or take some prep time?” the judge asked.
Bosch expected the prosecutor to ask for a 402 hearing—to tell the judge without the jury present how much time she would need to prepare for her cross-examination of Morales. The judge had already said he would give her wide latitude.
But the prosecutor surprised Bosch and probably everybody in the courtroom by rising and going to the lectern.
“Briefly, Your Honor,” she said.
She put a legal pad on the lectern, checked a note on it, and then looked up at the witness.
“Mr. Morales, do you carry only one oximeter in your EMT kit?” she asked.
“No,” Morales said. “I carry a backup. You know, in case the battery dies on one of them.”
“No further questions,” the prosecutor said.
Now in the silence, it felt like the momentum had switched. With a single question, Saldano had been able to undo much of what Haller had accomplished.
“Mr. Haller, anything further?” the judge asked.
Haller hesitated and asked the judge for a moment. Bosch tried to think of a question he could text him. It seemed as though any question asked might offer another opening to the prosecutor. He typed quickly and didn’t bother to correct typos:
Tel him open the kit.
He watched Haller check his watch. The judge noticed as well.
“I’ll stop you before you ask, Mr. Haller,” he said. “We are not taking the morning break until we are finished with this witness.”
“Thank you, Your Honor,” Haller said before turning his attention back to the witness. “Mr. Morales, can you open your kit again for us and show us where you keep both oximeters?”