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“Good morning,” Leibowitz said. “We have a motion to suppress before the court today. Mr. Garland, let’s start with you. Do you wish to succinctly state your cause of action?”
Garland stood and buttoned his suit jacket as he addressed the court.
“Thank you, Your Honor,” he said. “Our cause of action today is very simple and clear. The government’s case against the defendants is built on a foundation of evidence that does not survive the scrutiny of the Fourth Amendment. It is ill-gotten gains, Your Honor — evidence that was recorded illegally without a search warrant or any court approval. Never mind that the prosecution’s interpretation of what was said on the recording is completely wrong — the evidence gathered by this illegal operation should be ruled inadmissible and the charges summarily dismissed. Thank you.”
Leibowitz wrote something down before looking over the rims of his glasses at those before him.
“Mr. Ross, do you wish to add anything?” he asked. “I assume your client makes the same argument?”
Ross stood and addressed the court while buttoning his jacket. It seemed to Bosch that the buttoning was an affectation employed by numerous defense attorneys, possibly meant to evoke a knight donning armor before a battle. Maybe they were taught to do it in law school.
“Your Honor, ditto what my colleague said,” Ross began. “Ill-gotten gains, Judge. As we will prove, the recording the state has built its entire case upon was obtained illegally, and therefore there is only one remedy for this egregious violation. The recording should be disallowed as evidence. Thank you.”
Ross unbuttoned his jacket as he took his seat.
The deputy district attorney assigned to handle the hearing was Pam Winston. The judge asked her if she wanted to make a statement, and she passed, saying it was unnecessary and that the facts of the case would speak for themselves.
“Very well,” Leibowitz said. “Mr. Garland, we’ll start with you. Call your first witness.”
Bosch was first up. He went through the gate, carrying the murder book he’d put together as the original lead investigator on the case. He swore to tell the truth and took a seat in the witness box. From Bosch’s previous experiences with Garland, he knew the lawyer would be prepared and would attempt to get under Bosch’s skin, hoping to prompt angry outbursts. Bosch believed that, as an older man, he had a longer fuse than most and would be able to refrain from making emotional missteps. But Garland was the master of the non sequitur. He would seem to be on a specific path with his questioning, then suddenly veer off with an apparently unrelated question designed to throw the witness off.
Bosch’s only concern going into the hearing was whether Winston was up to the task. She was from the DA’s appellate division and had been assigned to the hearing because it was believed that this case and this issue were headed toward the review of the higher courts. This made her a paper lawyer, meaning her expertise was in analyzing precedents and writing winning appeals, not so much in the courtroom. That was what worried Bosch — how would Winston handle herself when sparring with veteran trial attorneys Garland and Ross?
“Good morning, Mr. Bosch,” Garland said.
“Good morning,” Bosch replied.
“It is Mr., correct?”
“If that’s how you want to address me, that’s fine.”
“But what I mean is, it’s not Detective Bosch anymore. Am I right?”
“I’m not a police detective, if that’s what you mean.”
“You carry no badge and have no arrest powers?”
“That’s correct.”
“How long has it been since you had a badge, sir?”
“Uh, I think it’s been ten years. At least ten years.”
“You don’t remember?”
Bosch paused for a moment before responding.
“I turned my badge in at the end of October of 2014,” he said.
“Nearly twelve years ago,” Garland said.
Winston objected.
“Your Honor, is it really necessary that we use our time dealing with retirement dates and questions that have nothing to do with the matter before the court?” she asked.
“If the court would indulge me, it will become apparent that all of these questions matter in the whole,” Garland said.
“Just keep it moving, Mr. Garland,” Leibowitz said. “This is a hearing, not a trial. There’s no jury to impress, only me.”