Page 37 of The Happy Month
“But he couldn’t prove that Larry was in the area when Andy said he was, could he?”
“I didn’t know that, though. For all I knew the DA could prove he was there. Certainly, Andy Showalter was saying he was.”
“And then you put Larry’s mother on the stand.”
“She was a character witness. She was adamant that she be allowed to testify on her son’s behalf.”
“You didn’t ask any questions about whether Larry was at home early in September.”
“He could have stayed somewhere else.”
“Yes, but it was your job to create doubt. You should have made the DA prove Larry was there to ask Andy to get him a gun.”
“Hindsight—”
“And then you allowed his mother to testify to his relationship with Anne Michaels. She thought they made an adorable couple. She was so proud of him.”
“I didn’tallowthat. The DA gets to cross examine?—”
“Which is why she shouldn’t have been on the stand. She did more harm than good.”
“Yes. I understood that then. I understand it now. But what would you like me to have done? I couldn’t tell her to lie.”
“You could have kept her off the stand.”
“I barely had any defense at all.”
“You could have called Bernie Carrier.”
“I don’t know who that is.”
“He was Pete Michaels’ tennis coach. He’d been having a sexual relationship with the boy. One which Pete may have threatened to expose.”
“How would I know anything about that? Larry never mentioned it.”
“Larry didn’t know. My investigator learned of it by talking with the boys on the tennis team. Did you look for other possible murderers, at all?”
“I didn’t have the luxury of a full-time investigator.”
“If you’re saying that you couldn’t properly investigate Larry’s case because your office wouldn’t give you an investigator, then that is clearly ineffective assistance of counsel.”
“I’m afraid I’m going to have to leave. I told you I wouldn’t be able to stay long.”
He got up and walked out of our office.
CHAPTER TEN
July 26, 1996
Friday noon
“Are you going for ineffective assistance of council?” I asked Lydia as we were sitting there in shock that he’d actually left. Karen took it in stride though, and was already making three copies of the file he’d brought.
“No,” Lydia said. “It’s always a weak argument. I just wanted him to stop blaming everything on not having an investigator. He did have an investigator available; he just didn’t know how to direct them.”
“How much of that are you going to pull into the deposition?”
“I don’t know. I’m not even sure it’s worth doing a deposition.”
