not so dumb, after all. Giovanni would make sure that Babbage knew everything the other side had, make sure that Babbage knew what the best defense would be, and then and only then, would he question Babbage. Giovanni didn’t really care if Babbage lied, didn’t really care whether or not Babbage was guilty. The lawyer just wanted to cover his own ass and keep Babbage from saying anything before knowing what needed to be said for an acquittal.
“Okay,” Babbage said. “So now I know the rules. What happens next?”
“I’ve called the DA’s Office and spoken to the deputy who’s filing the case. Because you’re a cop, they’ve agreed to release you on your written promise to appear, and not require you to put up bail money, provided you surrender today at one-thirty p.m. and get booked and fingerprinted. The arraignment is a week from Monday, on July third, in Division 30 in the Criminal Court’s Building.”
10
Fitzgerald
Thursday, August 24
F itz thought about the last few weeks. He marveled that they’d actually made it to trial. It had been a continual struggle with Erin, but Sean had been a godsend. Erin kept changing her mind about whether or not she could go through this all. Fitz and Sean kept reassuring her that she had to persevere. After all, Sean told her, even if she didn’t care about herself, how about other women that Babbage would surely victimize?
As part of his preparation for trial, Deputy District Attorney Lundy had not run Erin’s rap sheet. When Fitz objected, Lundy explained that he wasn’t concerned about Erin’s arrest record because California’s victim anti-blame law protects sexual assault victims and does not allow the accused to go into arrests and sexual background of their victims. The open DUI warrant—called a bench warrant, because a judge issues it from the bench when a defendant jumps bail and doesn’t appear in court when scheduled—was a different matter and had to be resolved immediately. Fitz and Lundy met with Erin’s public defender, and the three of them went to the issuing judge. The warrant was recalled, and a date and time was scheduled after the Babbage trial for Erin to surrender in Van Nuys.
Fitz asked Lundy when he was going to go over testimony with Erin.
“I don’t do that,” Lundy said. “That way the testimony is spontaneous, more impressive to the jury.”
Fitz shook his head. “No, you need to go over what Erin is going to be asked. Give her tips on possible cross-examination. She’s very nervous and that will make her feel more in charge.”
“Absolutely not,” Lundy said. “Besides, there’s nothing to worry about—the case is a slam dunk.”
As the trial approached, Lundy continued being confident, But as late as yesterday morning, before court, Erin called Fitz to say that she couldn’t do it—couldn’t testify. Fitz called Sean and the two of them went to her apartment to support and reassure her. What she was doing was difficult, but important, they told her. If she could stand up for herself now, she could end being a victim. And she’d be saving other women who would be victimized if Babbage weren’t stopped. When Fitz and Sean left, Erin seemed more determined, and even ventured a smile.
Fitzgerald watched as the jury filed into the courtroom and took their places in the jury box. The trial was moving along quickly. Jury selection had taken only two days. Opening statements had been heard that morning and early afternoon. Erin would be the only witness, and Fitz was concerned. He’d asked around about Babbage’s lawyer, Giovanni. Word was that Giovanni was a clever son of a bitch. He specialized in defending cops and was very effective.
Giovanni had waived the preliminary hearing six weeks ago, and Fitz was troubled about that as well. Giovanni had something up his sleeve, and Fitz worried that the eight-woman, four-man jury might not understand why Erin was so terrified of arrest that she could be intimidated
“Okay,” Babbage said. “So now I know the rules. What happens next?”
“I’ve called the DA’s Office and spoken to the deputy who’s filing the case. Because you’re a cop, they’ve agreed to release you on your written promise to appear, and not require you to put up bail money, provided you surrender today at one-thirty p.m. and get booked and fingerprinted. The arraignment is a week from Monday, on July third, in Division 30 in the Criminal Court’s Building.”
10
Fitzgerald
Thursday, August 24
F itz thought about the last few weeks. He marveled that they’d actually made it to trial. It had been a continual struggle with Erin, but Sean had been a godsend. Erin kept changing her mind about whether or not she could go through this all. Fitz and Sean kept reassuring her that she had to persevere. After all, Sean told her, even if she didn’t care about herself, how about other women that Babbage would surely victimize?
As part of his preparation for trial, Deputy District Attorney Lundy had not run Erin’s rap sheet. When Fitz objected, Lundy explained that he wasn’t concerned about Erin’s arrest record because California’s victim anti-blame law protects sexual assault victims and does not allow the accused to go into arrests and sexual background of their victims. The open DUI warrant—called a bench warrant, because a judge issues it from the bench when a defendant jumps bail and doesn’t appear in court when scheduled—was a different matter and had to be resolved immediately. Fitz and Lundy met with Erin’s public defender, and the three of them went to the issuing judge. The warrant was recalled, and a date and time was scheduled after the Babbage trial for Erin to surrender in Van Nuys.
Fitz asked Lundy when he was going to go over testimony with Erin.
“I don’t do that,” Lundy said. “That way the testimony is spontaneous, more impressive to the jury.”
Fitz shook his head. “No, you need to go over what Erin is going to be asked. Give her tips on possible cross-examination. She’s very nervous and that will make her feel more in charge.”
“Absolutely not,” Lundy said. “Besides, there’s nothing to worry about—the case is a slam dunk.”
As the trial approached, Lundy continued being confident, But as late as yesterday morning, before court, Erin called Fitz to say that she couldn’t do it—couldn’t testify. Fitz called Sean and the two of them went to her apartment to support and reassure her. What she was doing was difficult, but important, they told her. If she could stand up for herself now, she could end being a victim. And she’d be saving other women who would be victimized if Babbage weren’t stopped. When Fitz and Sean left, Erin seemed more determined, and even ventured a smile.
Fitzgerald watched as the jury filed into the courtroom and took their places in the jury box. The trial was moving along quickly. Jury selection had taken only two days. Opening statements had been heard that morning and early afternoon. Erin would be the only witness, and Fitz was concerned. He’d asked around about Babbage’s lawyer, Giovanni. Word was that Giovanni was a clever son of a bitch. He specialized in defending cops and was very effective.
Giovanni had waived the preliminary hearing six weeks ago, and Fitz was troubled about that as well. Giovanni had something up his sleeve, and Fitz worried that the eight-woman, four-man jury might not understand why Erin was so terrified of arrest that she could be intimidated
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