“Now, did Jody ever encounter difficulties when she stopped dating a man? When she moved on to the next?”
“I don’t know what you mean.”
“I mean were all the men happy not to have a return engagement?”
“Sometimes they’d get mad if she didn’t want to go out again. Nothing serious.”
“No threats of violence? She wasn’t afraid of anyone?”
“Not that she told me about.”
“Did she tell you about every man she dated?”
“No.”
“Now, on these dates, did she often bring the men back to the home you two shared?”
“Sometimes.”
“Did they stay over?”
“Sometimes, I don’t know.”
“You often weren’t there, is that correct?”
“Yes, I often stayed at my boyfriend’s.”
“Why is that?”
She gave a short laugh.
“Because I love him.”
“Well, did you ever stay together overnight at your home?”
“I don’t remember him ever staying over.”
“Why is that?”
“I guess because he lives alone. It was more private.”
“Isn’t it true, Ms. Gilley, that you stayed overnight several times a week at your boyfriend’s home?”
“Sometimes. So what?”
“And that this was because you were unhappy with your roommate’s constant procession of overnight guests.”
Langwiser stood up.
“Your Honor, that’s not even a question. I object to its form and content. Jody Krementz’s lifestyle is not on trial here. David Storey is on trial for her murder and it’s not fair for the defense to be allowed to go after someone who -”
“Okay, Ms. Langwiser, that’s enough,” Judge Houghton said. He looked over at Fowkkes. “Mr. Fowkkes, that’s about all the string I’m going to allow you to run with in that direction. Ms. Langwiser makes her point. I want you to move on with this witness.”
Fowkkes nodded. Bosch studied him. He was a perfect actor. In his demeanor he was able to convey the frustration of a man being pulled back from a hidden truth. He wondered if the jury would see it as an act.
“Very well, Your Honor,” Fowkkes said, putting the frustration into the inflection of his voice. “I have no further questions for this witness at this time.”
The judge adjourned for the afternoon break of fifteen minutes. Bosch ushered Gilley through the reporters, down the elevator and out to her car. He told her she had done very well and handled Fowkkes’s cross- examination perfectly. He then joined Kretzler and Langwiser in the second-floor DA’s office where the prosecution team had a temporary office during the trial. There was a small coffeemaker in the room and it was half-filled with coffee brewed during the morning break. There wasn’t enough time for a fresh brew so they all drank the stale coffee while Kretzler and Langwiser considered the progress of the day.
“I think the she’s-a-whore defense is going to backfire on them big time,” Langwiser said. “They have to have more than that.”
“He’s just trying to show there were a lot of men,” Kretzler said. “And it could have been any of them. The shotgun defense. You shoot a lot of pellets and one’s bound to hit the target.”
“It’s still not going to work.”
“I’ll tell you one thing, with John Reason reserving on all of these wits, we’re moving really quickly. He keeps this up, we’re going to finish our case Tuesday or Wednesday.”
“Good. I can’t wait to see what they’ve got.”
“I can,” Bosch interjected.
Langwiser looked at him.
“Oh, Harry. You’ve weathered these storms before.”
“Yeah, but I’ve got a bad feeling about this one.”
“Don’t worry about it,” Kretzler said. “We’re going to kick their ass across the courtroom. We’re in the tube, man, and we ain’t coming out.”
They put their three Styrofoam cups together in a toast.
Bosch’s current partner, Jerry Edgar, and former partner, Kizmin Rider, testified during the afternoon session. Both were asked by the prosecutors to recall the moments after the search of David Storey’s home when Bosch got into the car and reported to them that Storey had just bragged of committing the crime. Their testimony was solidly in tandem with Bosch’s own testimony and would act to buttress the case against defense assaults on Bosch’s character. Bosch also knew that the prosecutors hoped to gain additional credence with the jury because both Edgar and Rider were black. Five members of the jury and the two alternates were black. In a time when the veracity of any white police officer in Los Angeles would fall under suspicion by black jurors, having Edgar and Rider join a line of solidarity with Bosch was a plus.
Rider testified first and Fowkkes passed on cross-examination. Edgar’s testimony mirrored hers but he was asked additional questions because he had delivered the second search warrant issued in the case. This one was a court order seeking hair and blood samples from David Storey. It had been approved and signed by a judge while Bosch was in New York following the Architectural Digest lead and Rider was on a Hawaiian vacation planned before the murder. With a patrol officer in tow, Edgar had once again appeared at Storey’s house at 6 A.M. with the warrant. He testified that Storey kept them waiting outside while he contacted his lawyer, who by now was the criminal defense attorney J. Reason Fowkkes.
Once Fowkkes was apprised of the situation he told Storey to cooperate and the suspect was taken to Parker Center in downtown where samples of his pubic hair, scalp hair and blood were collected by a lab nurse.
“Did you at any point during this traveling time and collection process question the defendant about the crime?” Kretzler asked.
“No, I did not,” Edgar responded. “Before we left his residence he gave me his phone and I spoke to Mr. Fowkkes. He told me his client did not wish to be questioned or harassed, as he put it, in any way. So we basically drove in silence – at least on my part. And we didn’t talk at Parker Center either. When we were finished, Mr. Fowkkes was there and he drove Mr. Storey home.”
“Did Mr. Storey make any unsolicited comments to you during the time he was with you?”
“Just one.”
“And where was that?”
“In the car while we were driving to Parker Center.”
“And what did he say?”
“He was looking out the window and just said, ‘You people are fucked if you think I’m going down for this.’”
“And was this piece of conversation tape-recorded?”
“Yes, it was.”
“Why is that?”
“Because of his earlier admission to Detective Bosch, we thought there was a chance he might go ahead and make another statement like that. On the day I served the hair and blood warrant, I used a car borrowed from the narcotics unit. It’s a car they use for making street buys. It is wired for sound.”
“Did you bring the tape from that day with you, Detective?”
“Yes.”
