jury. If I can demonstrate that Walter Timmerman was involved with very dangerous people, and in fact those people killed his friend and partner, Robinson, the jury would very likely find reasonable doubt as to Steven’s guilt.
“Mr. Wallace,” Hatchet says, “I assume you don’t agree?”
“We certainly do not, Your Honor. It is a classic fishing expedition.” Richard then goes on to give a response that is predictable and mostly correct. He points out that I have made no tangible offer of proof; instead I have presented a series of suppositions and theories. Even the one fact I can cite, Robinson’s murder and my tangential role in it, is not relevant to this case, since I can make no real connection between that murder and Timmerman’s.
“Your Honor,” I say, “Mr. Wallace would be correct if I were arguing to take the information I currently have before the jury. I agree that I am not ready to do that, and I am not asking you to allow it. What I am simply asking is that you direct the FBI to testify to these facts, and to detail how their own, separate investigation relates to this trial. Then, if the relevance is proven, I would call him before the jury.”
I take out the copy of my signed statement. “Here is a statement I gave to the FBI about last night’s events. I signed it, and as you certainly know, if I was untruthful in this statement then I have committed a felony. It includes the negotiations I had with the FBI leading up to my visit to the Robinson house last night. The operation was conducted under their supervision, and certainly should be enough to compel their testimony.”
Hatchet and Richard read the statement, which in typewritten form is six pages. When they are finished, Hatchet says, “Mr. Wallace?”
“Your Honor, this is an interesting story that changes nothing.”
“With respect,” I say, “it changes everything. And I would submit that your calling Agent Corvallis to court for a closed hearing presents absolutely no risk. If he testifies under oath that I’m delusional, then all you’ve done is waste a few minutes of the court’s time. But if I’m correct, then my client has a right for the jury to hear what he has to say.”
I expect Hatchet to take the matter under advisement, but instead he says, “I will order that Agent Corvallis appear before this court at the earliest possible time, hopefully tomorrow morning. At that point I will decide whether or not to compel his testimony.”
THE MOST IMPORTANT DECISION of any trial is getting close. That, of course, is whether to have the defendant testify on his own behalf. While it is a crucial decision, it is usually an easy one for a lawyer to make. I can’t remember the last time I wanted a client to testify in his own defense. Too many things can go wrong, even when the defendant is innocent.
But it is also the one decision that the client must absolutely make on his own, albeit with advice from his attorney. If he decides not to testify, the judge will go so far as to question him in open court as to whether he was presented with the option, and declined voluntarily.
Kevin and I arrange to meet with Steven in an anteroom. Before we can even talk about his possible testimony, I tell him of our success in getting Corvallis into court.
“Will he tell the truth?” Steven asks.
“He won’t lie. Whether we can get him to tell the truth is another matter. He will try not to say anything at all.”
I bring up the matter of Steven testifying, and like most clients, he wants to do so. This is that rare time that I am leaning in the same direction. He is really the only person who can testify about his actions the night of his father’s death. He can also talk about their relationship, and he comes off as likable and credible.
The other reason I am inclined to support his decision to testify is that the way this trial has gone, we need a Hail Mary pass. We have to do something to shake things up, or we are going to lose. Juries generally want to hear a defendant testify, and this might be the time to give them what they want.
Kevin tells Steven that he agrees as well, which is a surprise to me, since we haven’t talked about it. I can’t ever remember Kevin being in