But then Haller found something the killer had not taken. Vincent backed his computer up on a digital flash drive attached to his key chain. Wading through the megabytes of data, Haller began to find bits and pieces of strategy for the Elliot trial. Jury selection took place last week and when the testimony begins today, he said he will be fully prepared.
“I don’t think Mr. Elliot is going to have any drop-off in his defense whatsoever,” Haller said. “We’re locked and loaded and ready to go.”
Elliot did not return calls for comment for this story and has avoided speaking to the media, except for one press conference after his arrest, in which he vehemently denied involvement in the murders and mourned the loss of his wife.
Prosecutors and investigators with the Los Angeles County Sheriff’s Department said Elliot killed his wife, Mitzi, 39, and Johan Rilz, 35, in a fit of rage after finding them together at a weekend home owned by the Elliots on the beach in Malibu. Elliot called deputies to the scene and was arrested following the crime scene investigation. Though the murder weapon has never been found, forensic tests determined that Elliot had recently fired a weapon. Investigators said he also gave inconsistent statements while initially interviewed at the crime scene and afterwards. Other evidence against the movie mogul is expected to be revealed at trial.
Elliot remains free on $20 million bail, the highest amount ever ordered for a suspect in a crime in Los Angeles County history.
Legal experts and courthouse observers say it is expected that the defense will attack the handling of evidence in the investigation and the testing procedures that determined that Elliot had fired a gun.
Deputy Dist. Atty. Jeffrey Golantz, who is prosecuting the case, declined comment for this story. Golantz has never lost a case as a prosecutor and this will be his eleventh murder case.
Thirty-six
The jury came out in a single-file line like the Lakers taking the basketball court. They weren’t all wearing the same uniform but the same feeling of anticipation was in the air. The game was about to begin. They split into two lines and moved down the two rows of the jury box. They carried steno pads and pens. They took the same seats they were in on Friday when the jury was completed and sworn in.
It was almost ten a.m. Monday and a later-than-expected start. But earlier, Judge Stanton had had the lawyers and the defendant back in chambers for almost forty minutes while he went over last-minute ground rules and took the time to give me the squint and express his displeasure over the story published on the front page of the morning’s Los Angeles Times. His chief concern was that the story was weighted heavily on the defense side and cast me as a sympathetic underdog. Though on Friday afternoon he had admonished the new jury not to read or watch any news reports on the case or trial, the judge was concerned that the story might have slipped through.
In my own defense, I told the judge that I had given the interview ten days earlier for a story I had been told would run at least a week before the trial started. Golantz smirked and said my explanation suggested I was trying to affect jury selection by giving the interview earlier but was now tainting the trial instead. I countered by pointing out that the story clearly stated that the prosecution had been contacted but refused to comment. If the story was one-sided, that was why.
Stanton grumpily seemed to accept my story but cautioned us about talking to the media. I knew then that I had to cancel my agreement to give commentary to Court TV at the end of each day’s trial session. The publicity would’ve been nice but I didn’t want to be on the wrong side of the judge.
We moved on to other things. Stanton was very interested in budgeting time for the trial. Like any judge, he had to keep things moving. He had a backlog of cases, and a long trial only backed things up further. He wanted to know how much time each side expected to take putting forth his case. Golantz said he would take a minimum of a week and I said I needed the same, though realistically I knew I would probably take much less time. Most of the defense case would be made, or at least set up, during the prosecution phase.
Stanton frowned at the time estimates and suggested that both the prosecution and defense think hard about streamlining. He said he wanted to get the case to the jury while their attention was still high.
I studied the jurors as they took their seats and looked for indications of biases or anything else. I was still happy with the jury, especially with juror three, the lawyer. A few others were questionable but I had decided over the weekend that I would make my case to the lawyer and hope that he would pull and push the others along with him when he voted for acquittal.
The jurors all kept their eyes to themselves or looked up at the judge, the alpha dog of the courtroom. As far as I could tell, no juror even glanced at the prosecution or defense table.
I turned and looked back at the gallery. The courtroom once again was packed with members of the media and the public, as well as those with a blood link to the case.
Directly behind the prosecution’s table sat Mitzi Elliot’s mother, who had flown in from New York. Next to her sat Johan Rilz’s father and two brothers, who had traveled all the way from Berlin. I noticed that Golantz had positioned the grieving mother on the end of the aisle, where she and her constant flow of tears would be fully visible to the jury.
The defense had five seats on reserve in the first row behind me. Sitting there were Lorna, Cisco, Patrick and Julie Favreau – the last on hand because I had hired her to ride through the trial and observe the jury for me. I couldn’t watch the jurors at all times, and sometimes they revealed themselves when they thought none of the lawyers were watching.
The empty fifth seat had been reserved for my daughter. My hope had been that over the weekend I would convince my ex-wife to allow me to take Hayley out of school for the day so she could go with me to court. She had never seen me at work before and I thought opening statements would be the perfect time. I felt very confident in my case. I felt bulletproof and I wanted my daughter to see her father this way. The plan was for her to sit with Lorna, whom she knew and liked, and watch me operate in front of the jury. In my argument I had even employed the Margaret Mead line about taking her out of school so that she could get an education. But it was a case I ultimately couldn’t win. My ex-wife refused to allow it. My daughter went to school and the reserved seat went unused.
Walter Elliot had no one in the gallery. He had no children and no relatives he was close to. Nina Albrecht had asked me if she would be allowed to sit in the gallery to show her support, but because she was listed on both the prosecution and defense witness lists, she was excluded from watching the trial until her testimony was completed. Otherwise, my client had no one. And this was by design. He had plenty of associates, well-wishers and hangers-on who wanted to be there for him. He even had A-list movie actors willing to sit behind him and show their support. But I told him that if he had a Hollywood entourage or his corporate lawyers in the seats behind him, he would be broadcasting the wrong message and image to the jury. It is all about the jury, I told him. Every move that is made – from the choice of tie you wear to the witnesses you put on the stand – is made in deference to the jury. Our anonymous jury.
After the jurors were seated and comfortable, Judge Stanton went on the record and began the proceedings by asking if any jurors had seen the story in the morning’s Times. None raised their hands and Stanton responded with another reminder about not reading or watching reports on the trial in the media.
He then told jurors that the trial would begin with opening statements from the opposing attorneys.
“Ladies and gentlemen, remember,” he said, “these are statements. They are not evidence. It’s up to each side to present the evidence that backs the statements up. And you will be the ones at the end of the trial who decide if they have done that.”