“A hundred thousand up front. Like you found out, Jerry paid it through his fees. He inflated his fee and I paid him and then he paid for the juror. Then it was going to be another hundred for a hung jury and two-fifty for an acquittal. Jerry told me that these people had done it before.”
“You mean fixed a jury?”
“Yes, that’s what he said.”
I thought maybe the FBI had gotten wind of the earlier fixes and that was why they had come to Vincent.
“Were they Jerry’s trials that were fixed before?” I asked.
“He didn’t say and I didn’t ask.”
“Did he ever say anything about the FBI sniffing around your case?”
Elliot leaned back, as if I had just said something repulsive.
“No. Is that what’s going on?”
He looked very concerned.
“I don’t know, Walter. I’m just asking questions here. But Jerry told you he was going to delay the trial, right?”
Elliot nodded.
“Yes. That Monday. He said we didn’t need the fix. He had the magic bullet and he was going to win the trial without the sleeper on the jury.”
“And that got him killed.”
“It had to be. I don’t think these kinds of people just let you change your mind and pull out of something like this.”
“What kind of people? The organization?”
“I don’t know. Just these kinds of people. Whoever does this sort of thing.”
“Did you tell anyone that Jerry was going to delay the case?”
“No.”
“You sure?”
“Of course I’m sure.”
“Then, who did Jerry tell?”
“I wouldn’t know.”
“Well, who did Jerry make the deal with? Who did he bribe?”
“I don’t know that either. He wouldn’t tell me. Said it would be better if I didn’t know names. Same thing I’m telling you.”
It was a little late for that. I had to end this and get away by myself to think. I glanced at my untouched plate of fish and wondered if I should take it to go for Patrick or if someone back in the kitchen would eat it.
“You know,” Elliot said, “not to put any more pressure on you, but if I get convicted, I’m dead.”
I looked at him.
“The organization?”
He nodded.
“A guy gets busted and he becomes a liability. Normally, they wipe him out before he even gets to court. They don’t take the chance that he’ll try to cut a deal. But I still have control of their money, you see. They wipe me out and they lose it all. Archway, the real estate, everything. So they’re hanging back and watching. If I get off, then we go back to normal and everything’s good. If I get convicted, I’m too much of a liability and I won’t last two nights in prison. They’ll get to me in there.”
It’s always good to know exactly what the stakes are but I probably could have gone without the reminder.
“We’re dealing with a higher authority here,” Elliot continued. “It goes way beyond things like attorney-client confidentiality. That’s small change, Mick. The things I’ve told you tonight can go no further than this table. Not into court or anywhere else. What I’ve told you here could get you killed in a heartbeat. Just like Jerry. Remember that.”
Elliot had spoken matter-of-factly and concluded the statement by calmly draining the wine from his glass. But the threat was implicit in every word he had said. I would have no trouble remembering it.
Elliot waved down a waiter and asked for the check.
Forty-two
I was thankful that my client liked his martinis before dinner and his Chardonnay with it. I wasn’t sure I would have gotten what I got from Elliot without the alcohol smoothing the way and loosening his tongue. But afterward I didn’t want him running the risk of getting pulled over on a DUI in the middle of a murder trial. I insisted that he not drive home. But Elliot insisted he wasn’t going to leave his $400,000 Maybach overnight in a downtown garage. So I had Patrick take us to the car and then I drove Elliot home while Patrick followed.
“This car cost four hundred grand?” I asked him. “I’m scared to drive it.”
“A little less, actually.”
“Yeah, well, do you have anything else to drive? When I told you not to take the limo, I didn’t expect you’d be tooling up to your murder trial in one of these. Think about the impressions you are putting out there, Walter. This doesn’t look good. Remember what you told me the first day we met? About having to win outside of the courtroom too? A car like this doesn’t help you with that.”
“My other car is a Carrera GT.”
“Great. What’s that worth?”
“More than this one.”
“Tell you what, why don’t you borrow one of my Lincolns. I even have one that has a plate that says NOT GUILTY. You can drive that.”
“That’s okay. I have access to a nice modest Mercedes. Is that all right?”
“Perfect. Walter, despite everything you told me tonight, I’m going to do my best for you. I think we have a good shot at this.”
“Then, you believe I’m innocent.”
I hesitated.
“I believe you didn’t shoot your wife and Rilz. I’m not sure that makes you innocent, but put it this way: I don’t think you’re guilty of the charges you’re facing. And that’s all I need.”
He nodded.
“Maybe that’s the best I can ask for. Thank you, Mickey.”
After that we didn’t talk much as I concentrated on not wrecking the car, which was worth more than most people’s houses.
Elliot lived in Beverly Hills in a gated estate in the flats south of Sunset. He pushed a button on the car’s ceiling that opened the steel entry gate and we slipped through, Patrick coming in right behind me in the Lincoln. We got out and I gave Elliot his keys. He asked if I wanted to come in for another drink and I reminded him that I didn’t drink. He stuck out his hand and I shook it and it felt awkward, as if we were sealing some sort of deal on what had been revealed earlier. I said good night and got into the back of my Lincoln.
The internal gears were working all the way back to my house. Patrick had been a quick study of my nuances and seemed to know that it was not the time to interrupt with small talk. He let me work.
I sat leaning against the door, my eyes gazing out the window but not seeing the neon world go by. I was thinking about Jerry Vincent and the deal he had made with a party unknown. It wasn’t hard to figure out how it was done. The question of who did it was another matter.
I knew that the jury system relied on random selection on multiple levels. This helped ensure the integrity and cross-social composition of juries. The initial pool of hundreds of citizens summoned to jury duty each week was drawn randomly from voter registrations as well as property and public utility records. Jurors culled from this larger group for the jury selection process in a specific trial were again chosen randomly – this time by a courthouse computer. The list of those prospective jurors was given to the judge presiding over the trial, and the first twelve names or code numbers on the list were called to take the seats in the box for the initial round of voir dire. Again, the order of names or numbers on the list was determined by computer-generated random selection.
Elliot told me that after a trial date had been set in his case, Jerry Vincent was approached by an unknown party and told that a sleeper could be placed on the jury. The catch was that there could be no delays. If the trial moved, the sleeper couldn’t move with it. All of this told me that this unknown party had full access to all levels of the random processes of the jury system: the initial summons to show for jury duty at a specific courthouse on a specific week; the random selection of the venire for the trial; and the random selection of the first twelve jurors to go into the box.
Once the sleeper was in the box, it was up to him to stay there. The defense would know not to oust him with a preemptory strike, and by appearing to be pro-prosecution he would avoid being challenged by the prosecution. It was simple enough, as long as the trial’s date didn’t change.