Grant of Immunity (7 page)

G
iovanni was waiting
in the reception lobby of his office, reading through a file, when Babbage entered. The lawyer had taken off his suit jacket. His tie was loose at the collar, and his wrinkled shirt barely covered his gut.

Giovanni walked toward Babbage and held out his hand, grinning. “Jake, right on time as always. Well, what did you think? From my point of view, it couldn’t have gone any better.”

Babbage ignored Giovanni’s extended hand. “From my point of view, you couldn’t have fucked up any worse.”

Giovanni dropped his hand and gave Babbage a long appraising look before speaking. “Let’s go to my office and talk,” he said quietly.

They walked out of the reception room. Neither spoke until they were inside Giovanni’s office. “I don’t understand you, Jake. Erin Collins all but admitted she sucked you off in order to bribe you.”

“That’s my point. You’re supposed to defend me, not make me look like a crooked cop.” He had the urge to smash his fist into Giovanni’s mouth.
Not yet
, Babbage thought.
Not yet.

Giovanni shook his head angrily. “You obviously don’t get it. I saved your ass today. Now, if you take the witness stand, your word will count for something. The jury will be sympathetic. You were seduced. That’s the reality of what happened. You’re human; you had a moment of weakness. The jury will believe you because it makes sense to do that, and because Erin Collins all but admitted her motive. So instead of going to prison, you face, at worst, getting fired and, at best, getting a few days’ suspension.”

Babbage couldn’t believe how stupid Giovanni was. “There’s no way I get out of this with anything less than termination. You claim to know how to defend cops. If you did, you’d know that any Board of Rights panel is going to recommend firing anybody who accepted a bribe!” Babbage paused. “Because that’s not even what happened.”

Giovanni’s expression hardened. “I told you not to tell me anything about the facts of the case until I ask.”

“When the fuck are you going to ask? We’ve started the damned trial. How the fuck can you defend me if you don’t know my side?”

Giovanni was quiet for a time. “I tried to explain to you that I wanted to know all the facts before I asked you any questions. In this case, that meant after I’d heard all the testimony from everyone else. I planned to interview you the night before you testify. Now you’ve blurted something out, and I have to follow up. But remember, I told you that there’s no way I put you on the witness stand if I think you’re lying.”

“So?”

“All right then. Let’s hear your side of the story.”

“It’s simple,” Babbage said. “I met her at the Traffic Stop. I could tell she wanted it, so I asked her to meet me after work. One thing led to another, and that’s how it happened.”

“Really?” Giovanni said. “Why did you stop at the Mission Street off-ramp? Why didn’t you take her to your place? Were you in uniform or out?”

Giovanni paused and looked at Babbage, then continued. “If you were out of uniform, that would mean that you went back to Parker Center before leaving to meet her. Did you talk to anyone about it? Can you prove any of the things you’re telling me?”

“Are you calling me a liar?”

“You tell me,” Giovanni said. “Why else would she accuse you of forcing her to her knees?”

“Because her skinny ass should be in jail right now. She has an outstanding DUI warrant—a bench warrant. Why is she not in jail? The only answer is that she’s made a deal with the DA. The fucking bitch would sell her soul to stay out of jail. She’s a whore!”

“Wait a minute,” Giovanni said. “You never told me she has an open DUI warrant. As a police officer, you must know that under the anti-blame law, the defense can’t get a rap sheet on a sexual assault victim.”

“You never gave me the chance, remember?” Babbage squeezed his right hand into a fist. “I looked her up at the station. She’s got a bench warrant out of Van Nuys for failing to appear for her arraignment.”

Giovanni mused, “That means any cop, including the court’s deputy sheriff bailiff, would have to arrest her on the warrant. Unless …”

“Unless a judge recalled the warrant,” Babbage finished. “And no judge would do that unless a DA asked for it. That’s what I’ve been trying to tell you. The bitch made some kind of deal with the prosecutor.”

Giovanni said nothing for a moment.

“That’s it,” he said. “That’s how we’ll get her. That’s the way we win this case without any Internal Affairs Board of Rights hearing. If I play it right, you won’t even have to testify.” He drummed his fingers on the desk. “Why’d you call her a whore? Do you have evidence that she’s sleeping around with cops?”

“I got something better. The bitch was arrested for P.C. 647(b), prostitution. Two years ago.”

“Was she convicted?” Giovanni asked.

“I don’t think so.”

“Can you get me the report for that arrest? It could be the clincher for everything.”

Babbage shrugged. “I’ll call one of my guys.” Babbage added, “Now do you get why I wanted to tell you my side, hotshot?”

He picked up the phone on Giovanni’s desk and called Rampart Police Station. After a quick conversation, he looked up at Giovanni. “He can get it to us in fifteen minutes.”

F
itzgerald studied
the jury as they filed into the courtroom, and then looked to Judge Morley as she sat down at the bench.

“Ms. Collins,” the judge said, “please take your seat in the witness box. You are still under oath. Mr. Giovanni, you may continue asking your questions as soon as the witness is seated.”

Erin walked to the witness box and sat down.
On the surface, she seems to be holding up
, Fitz thought. But he worried that her complexion seemed a bit pasty, and she looked tired.
Poor kid is nervous and wary.

Giovanni had been sitting at the counsel table. He stood up and walked toward the jury, and then paused in the space between the counsel table and the jury box. He had a reflective look on his face. “Ms. Collins, have you been promised anything by the prosecution in order to testify today?”

Erin looked at Giovanni, then at Lundy, then at Fitzgerald. “What do you mean?”

“It’s a simple question, Ms. Collins. I want to know what the prosecution is doing for you in exchange for your testimony?”

“Nothing.”

“Then,” Giovanni continued, “you’re testifying today simply because you feel it’s your civic duty? Nothing else?”

Erin’s face flushed, and she straightened in her chair. “I’m testifying because I’m a victim. The defendant forced me to perform oral sex on him, that’s why.”

“I see,” Giovanni said. He wrote on his legal pad. “May I have a moment, Your Honor?”

Giovanni went back to his chair at the counsel table, leafed through a folder, and pulled out a document. He examined it for a moment. Still holding the document in his hands, still looking at it, he spoke without looking up. “Do you know what a bench warrant is, Ms. Collins?”

Shit
, Fitzgerald thought. He looked to Lundy, who stood.

“Objection. Irrelevant,” Lundy said.

“Overruled,” Judge Morley said. “You may answer the question, Ms. Collins.”

“I’m not sure,” Erin replied.

“Would it refresh your recollection to know that a bench warrant is something the court issues when a defendant fails to come to court after being released on bail?” Giovanni asked.

Erin hesitated.

“Your Honor,” Lundy said, “may we approach at sidebar?”

“No, you may not,” said the judge. “Ms. Collins, please answer the question.”

Fitz was concerned. His jaw clenched. Once again, Lundy had dropped the ball. This should have been discussed with the judge without the jury present. Now all eyes were on Erin.

She looked at Giovanni, but Babbage—who was sitting in the seat beside his lawyer—glared at her. Erin turned away, and looked straight ahead again. Fitz could see she looked flustered. “Could you repeat the question?”

Giovanni did.

“Yes. I do remember what a bench warrant is,” Erin said.

“I was certain you would remember, Ms. Collins,” Giovanni said. “Because that’s precisely what happened to you in your second driving under the influence case, correct?

Erin looked at Lundy. “Yes.”

“A judge issued a bench warrant for you, because you failed to appear at your arraignment. Correct?”

“Yes,” Erin said, quietly.

“And you knew, didn’t you, that once a judge issues a bench warrant, any bailiff, sheriff, or police officer would have to arrest you and bring you to the court where the bench warrant was issued?”

Erin nodded.

“You have to answer out loud, Ms. Collins,” Judge Morley said. “For the court reporter.”

“Yes,” Erin said.

Fitz wanted to rush up to her, tell her everything would be okay, tell her not to worry. But he was worried. Very worried.

Giovanni walked to the bailiff who stood at the side of the courtroom. “I notice, Ms. Collins,” Giovanni said, looking at the bailiff, “that there is a bailiff in this courtroom. In fact, there is also a police officer, Detective Fitzgerald, here in the courtroom.” He nodded in Fitzgerald’s direction.

Fitzgerald looked back at Giovanni, fought hard to keep his expression passive.
The son of a bitch is getting to her
.

Giovanni went back to the counsel table, and then looked directly at Erin. “Have you ever discussed your bench warrant with Mr. Lundy?”

Lundy was immediately on his feet. “Objection, Your Honor. We again request a sidebar conference.”

“Objection overruled. Your sidebar request is also denied.” Judge Morley looked at Erin. “Ms. Collins, you may answer the question.”

“I have discussed it with him,” Erin said. “Yes.”

Seconds passed. Giovanni took a deep breath and exhaled before speaking. “So, the prosecutor knew about your bench warrant, and he did not have you taken into custody, correct?”

“Yes.”

“Was Detective Fitzgerald present during your discussion?”

“Yes.”

“So, both the prosecutor and the investigating officer knew there was an outstanding bench warrant against you, and they did nothing about it. Correct?”

“No. That’s not correct. They went to the judge who issued the warrant. They said—”

Giovanni interrupted. “They said that if you testified against Sergeant Babbage, that you’d stay out of jail, didn’t they?”

“They said that would be up to the judge.”

“But the warrant was recalled, was it not?”

“Yes, it was.”

“In other words, based upon the efforts of the deputy district attorney and the investigating officer in this case, the warrant was recalled. Correct?”

“Yes.”

“And this was done in exchange for your testimony in this case, wasn’t it?”

“As far as I know.”

“What this means is that, in effect, you’ve succeeded in getting from the prosecution what you tried to get from Sergeant Babbage. Is that a fair interpretation—”

Lundy jumped up. “Objection! Argumentative, assumes facts not in evidence, and Counsel is testifying.”

“The objection is sustained as argumentative,” Judge Morley said.

Giovanni peered at his notes briefly, nodded to himself, and then looked up at Erin. “Ms. Collins, you’ve testified that you participated in oral sex with my client, Sergeant Babbage, because you were afraid. Correct?”

“That’s correct.”

“Who mentioned it first? The oral sex, I mean?”

“The defendant told me that if I wanted to avoid jail, I would have to give him a blowjob.”

“Really?” Giovanni replied. “Didn’t you say yesterday that Sergeant Babbage told you he was going to take you to the station and that you had a choice of three tests—blood, breath, or urine? You did testify to that, did you not?”

“Yes. That’s what happened.”

“So, Sergeant Babbage said nothing about sexual favors before telling you that? Is that what you’re saying?”

“Yes. He first told me I was going to the station.”

“What did you say in response to that?”

“I asked if we could talk about it.”

“So, at that point your intent was to talk Sergeant Babbage out of the arrest?”

“I was hoping he wouldn’t arrest me. Yes.”

Giovanni started looking through his folder again. “May I have another moment, Your Honor?”

“You may,” Judge Morley said. She peered down at Giovanni, an annoyed look on her face. “If you have an exhibit, you must mark it and hand a copy to the prosecution,” she said.

Giovanni pulled out a document. “Not just yet, Your Honor.”

Fitzgerald could see Giovanni had a police report. Fitz didn’t like one bit what was happening. Lundy had assured him that Erin would be protected by the victim anti-blame law. Why wasn’t Lundy asking to approach the bench at sidebar?

Giovanni appeared to read the document to himself. After a moment, he looked up. “Ms. Collins, Sergeant Babbage isn’t the first police officer you offered to orally copulate, is he?”

Lundy interjected, “Object to the word ‘offer’ as assuming facts not in evidence, Your Honor.”

Before Judge Morley could rule, Giovanni spoke. “I’ll withdraw the question, Your Honor. Ms. Collins, Sergeant Babbage is not the first police officer that you ever discussed oral sex with, was he?”

“Object,” Fitzgerald whispered to Lundy. “Now.”

Lundy rose. “Objection—”

But Erin answered before Lundy could finish.

“I don’t know what you’re talking about,” she said.

“May we approach at sidebar to discuss my objection?” Lundy said.

Before Judge Morley could respond, Giovanni added, “Oh, I don’t mean that evening with Sergeant Babbage, Ms. Collins. Perhaps it would help you to remember a time in the bar at the Marina Hotel?”

Why isn’t the judge ruling on the objection?
Fitz thought.

Erin flushed. Giovanni continued. “You do remember such a time, do you not?”

Erin glared at Giovanni. For a moment, it seemed like she might run from the witness box.
I should have warned her
, Fitzgerald thought.
Anything would have been better than to let Giovanni surprise her like this.
Fitz was angry with Giovanni, angry with himself, and outraged at Babbage.
That bastard just might win this thing
, he thought. Again, he leaned close and whispered in Lundy’s ear. “You’ve got to do something. At the very least, try to get a recess so Erin can catch her breath and recover from this.”

Lundy stood. “Your Honor, a moment ago, I asked to approach at sidebar. May I?”

Giovanni interrupted. “May we get an answer to my question first, Your Honor?”

“Your request to approach is denied,” Judge Morley said to Lundy. “Ms. Collins, please answer the question.”

Tears were trickling down Erin’s face. She said to Giovanni, “What happened at the Marina Hotel has nothing to do with today. You’re taking everything I say and turning it against me. It didn’t occur like you say.”

“Didn’t it, Ms. Collins?” Giovanni said. “Didn’t it occur exactly the way I described it?”

“No,” Erin said.

“Yes, it did. You told Detective Donald Rufus at the Marina Hotel bar that you’d give him a blowjob if he’d give you one hundred dollars, didn’t you?”

Erin tried to wipe the tears away with her hand. She said nothing.

Giovanni looked at the judge. “Would the court instruct the witness to please answer, Your Honor?”

Lundy stood once again. “Your Honor, Ms. Collins needs a recess. Could the court take ten minutes?”

Judge Morley looked at the clock over the jury box. “It’s almost noontime. We’ll take our luncheon recess.” She rose from the bench. The jury filed out of the courtroom.

But Erin didn’t move. She remained in the witness box, her head in her hands, weeping.