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Authors: Phillip Margolin
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during the trial.
Amanda lowered her fork. Whoa, wait a minute. What would this reporter be doing?
His name is Dennis Levy. He's a very competent young man. I think you'll like him.
You haven't answered my question, Mrs. Brice. What do you envision Levy doing during the trial?
I envision him being a fly on the wall. He'll be present in court, of course, but he'll also sit in on strategy meetings, your conferences with Mr. Marsh, interviews with witnesses. Then he'll also do one-on-one interviews with you and your team. We'll have an edge on every other newspaper, magazine, and TV news program.
We may have a problem. I can't have your reporter setting out my strategy in your magazine for everyone in the DA's office to read.
Of course not. Dennis won't do anything to compromise Mr. Marsh's case.
And he's not going to be able to sit in on my meetings with Mr. Marsh. He's not an attorney so he's not covered by the attorney-client privilege. If a third party is present during a conversation I have with Mr. Marsh, the privilege disappears. Your reporter could be called as a prosecution witness and be forced to testify about everything Mr. Marsh said to me in confidence.
What about his First Amendment protections as a member of the press?
I' m not an expert in this area, but I' m pretty certain the courts have held that the First Amendment doesn't protect a reporter in these circumstances.
I'll have my legal staff look into the question. Again, I' m not going to do anything that could hurt Mr. Marsh's chances at an acquittal.
Mr. Levy would have to follow my instructions. I' m going to want to review his articles before they' re published to make sure nothing he writes will tip our hand or reveal a confidence.
I think we can work that out. So, are you on board?
I' m definitely interested, but I may have a conflict. You know that my father Frank Jaffe represented Sally Pope, Mr. Marsh's codefendant?
Brice nodded.
As I said, I was in college when the trial was held, but we' re partners now and I have to make certain that no conflict exists.
Mrs. Pope was acquitted, wasn't she?
The case was dismissed with prejudice, in the middle of the trial. The legal effect is the same.
So where's the problem?
There may not be one, but I have to make certain. If there is none, I'll definitely take the case. That is, if Mr. Marsh wants me as his lawyer. You understand that you won't be my client, he will. If he wants me, I' m in.
Good.
Where is Mr. Marsh now?
En route to New York. He'll stay in an apartment World News owns.
You' re not going to announce his return, are you? I don't want the district attorney to know where he is. He'd have him arrested.
I have no intention of letting anyone know that Mr. Marsh is back in the States until you tell me it's okay.
Good. The first thing I'll do, as soon as I' m certain I can take the case, is to arrange Mr. Marsh's voluntary surrender. This will give me time to set up a bail hearing. I don't want him in jail while we' re preparing for trial if I can prevent it.
Brice reached into her hobo bag and pulled out an envelope. She handed it to Amanda.
This is your retainer and a list of phone numbers that will reach me. Let me know as soon as possible about the conflict problem.
I'll want to speak to Mr. Marsh immediately, once I' m on board.
I'll send the jet for you and you can meet in New York, if you'd like.
Amanda ran her hand over the leather-upholstered seat. I might just take you up on that if you throw in another free breakfast. These pancakes are delicious.
Chapter 9
A manda could barely contain her excitement as she drove to her office. She'd been involved in some big cases that had gained national attention, like Cardoni the serial killer case and the Dupre matter, which had involved the murder of a United States senator. But the attention State v. Charles Marsh would garner would be on a whole different plane. Her life would be turned upside down, but it would be worth
Amanda lowered her fork. Whoa, wait a minute. What would this reporter be doing?
His name is Dennis Levy. He's a very competent young man. I think you'll like him.
You haven't answered my question, Mrs. Brice. What do you envision Levy doing during the trial?
I envision him being a fly on the wall. He'll be present in court, of course, but he'll also sit in on strategy meetings, your conferences with Mr. Marsh, interviews with witnesses. Then he'll also do one-on-one interviews with you and your team. We'll have an edge on every other newspaper, magazine, and TV news program.
We may have a problem. I can't have your reporter setting out my strategy in your magazine for everyone in the DA's office to read.
Of course not. Dennis won't do anything to compromise Mr. Marsh's case.
And he's not going to be able to sit in on my meetings with Mr. Marsh. He's not an attorney so he's not covered by the attorney-client privilege. If a third party is present during a conversation I have with Mr. Marsh, the privilege disappears. Your reporter could be called as a prosecution witness and be forced to testify about everything Mr. Marsh said to me in confidence.
What about his First Amendment protections as a member of the press?
I' m not an expert in this area, but I' m pretty certain the courts have held that the First Amendment doesn't protect a reporter in these circumstances.
I'll have my legal staff look into the question. Again, I' m not going to do anything that could hurt Mr. Marsh's chances at an acquittal.
Mr. Levy would have to follow my instructions. I' m going to want to review his articles before they' re published to make sure nothing he writes will tip our hand or reveal a confidence.
I think we can work that out. So, are you on board?
I' m definitely interested, but I may have a conflict. You know that my father Frank Jaffe represented Sally Pope, Mr. Marsh's codefendant?
Brice nodded.
As I said, I was in college when the trial was held, but we' re partners now and I have to make certain that no conflict exists.
Mrs. Pope was acquitted, wasn't she?
The case was dismissed with prejudice, in the middle of the trial. The legal effect is the same.
So where's the problem?
There may not be one, but I have to make certain. If there is none, I'll definitely take the case. That is, if Mr. Marsh wants me as his lawyer. You understand that you won't be my client, he will. If he wants me, I' m in.
Good.
Where is Mr. Marsh now?
En route to New York. He'll stay in an apartment World News owns.
You' re not going to announce his return, are you? I don't want the district attorney to know where he is. He'd have him arrested.
I have no intention of letting anyone know that Mr. Marsh is back in the States until you tell me it's okay.
Good. The first thing I'll do, as soon as I' m certain I can take the case, is to arrange Mr. Marsh's voluntary surrender. This will give me time to set up a bail hearing. I don't want him in jail while we' re preparing for trial if I can prevent it.
Brice reached into her hobo bag and pulled out an envelope. She handed it to Amanda.
This is your retainer and a list of phone numbers that will reach me. Let me know as soon as possible about the conflict problem.
I'll want to speak to Mr. Marsh immediately, once I' m on board.
I'll send the jet for you and you can meet in New York, if you'd like.
Amanda ran her hand over the leather-upholstered seat. I might just take you up on that if you throw in another free breakfast. These pancakes are delicious.
Chapter 9
A manda could barely contain her excitement as she drove to her office. She'd been involved in some big cases that had gained national attention, like Cardoni the serial killer case and the Dupre matter, which had involved the murder of a United States senator. But the attention State v. Charles Marsh would garner would be on a whole different plane. Her life would be turned upside down, but it would be worth
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