The 13th Juror by John Lescroart Read Free Book Online Page A

so successful and even downright likeable.  As always, he needed a shave.  His lips were thick and purplish.  His rheumy eyes had yellowish whites, the skin around them flecked with liver spots.  He was handsome as a leprous warthog, if warthogs got leprosy.  "The smart money doesn't put too much on the jury.  If I go along with believing she's innocent, you know, I actually hurt her chances.  You realize that?"
    "How do you do that?"
    Freeman looked around the empty room, making sure no one was eavesdropping.  "It's a tightrope walk.  You want to convince yourself that you're defending an innocent person — that much is all right, it's part of it.  But if you actually start to believe that your client is innocent, you're going to assume that the jury's going to see what you see.  You'll convince yourself that they want to believe you, your interpretations of the facts."
    Hardy picked it up.  "And those arguments, because you didn't have to make them to yourself, just aren't going to be as strong."
    "See, Diz, I do believe you've got a knack for this business."  Freeman moved his cigar around.  "If the matter gets to a jury, your client's already in big trouble and it behooves you to take it as seriously as you can."
    "I do take it seriously, David.  You asked me if I think, gut level, that she did it.  At the least, I'm saying I'm not sure the case is that strong—"
    "That why they're going capital?  That why Powell's got it, with his political ambitions?  He maybe needs the practice in court?  I doubt it."
    Hardy couldn't help smiling.  "You've got to learn how to express your feelings, David.  It's going to eat you up someday, holding it all in."
    Freeman nodded.  "I know.  I'm trying.  They'd mind if I lit up in here, wouldn't they?"
    Freeman was sitting under the international no-smoking symbol.
    "I'd bet on it," Hardy said.

    *     *     *     *     *

    "I was assuming all along you'd be a part of it, to tell you the truth."
    Hardy had not decided on a precise strategy to introduce the subject of his continued involvement in Jennifer Witt's defense, but as was so often the case with David Freeman, the question got preempted.
    In California, all death penalty trials had two phases before the same jury — guilt and penalty.  In practice, the lawyer in the guilt phase never stays on to do the penalty phase.  Juries got cynical about a person when first they argued passionately that their client didn't do it and — once it was established that yes, they did, too — then turn around and say, in effect, Okay, so my client did it.  I know I said it wasn't so, but I lied.  But at least now let's talk about what a nice person my client is and why execution would be really too strong…
    So, to avoid this appearance of inconsistency, there was also always a penalty-phase attorney, commonly called the "Keenan counsel," and it was this role Freeman had now asked Hardy to take should Jennifer be found guilty and it came to that.  "Assuming, of course, that she can pay."  He seemed serious when he said it.
    Jennifer Witt had the right to counsel, but if she did not have the personal funds to cover the costs — and in a capital case they would be enormous — the court would appoint a public defender.  And even if the public defender claimed some kind of conflict of interest, there was no guarantee that Freeman and Hardy would be appointed.
    Freeman, of course, was a long-standing court-approved defense lawyer, but Hardy had not yet even applied for the list, and in any event, with this kind of case at stake, the other vultures would be circling.  This looked like it was going to become a high-profile case — the very best advertisement in the business.  But if Freeman and Hardy were going to defend Jennifer, she, personally, was going to have to pay them.  No getting around it.
    "And I'll tell you something else," Freeman said.  "This is Private Practice 101.  I don't care if