The most common grounds used to disqualify the other side’s lawyer is to cite a conflict of interest. Traditionally, that can happen when the lawyer once represented the other side on a similar matter. The thinking goes that in such circumstances, the lawyer has acquired inside information about the adversary and therefore cannot now appear on the other side. Obviously, that happens far less in a criminal setting than in civil cases. Ella Broden has never been my lawyer, so there’s no clear conflict of interest in having her prosecute me.

The only other basis for disqualification would be if she could be considered a witness in my case. I’m certain that consideration was vetted before her appointment, and the powers that be must have concluded that she has no inside knowledge to add to the prosecution’s case.

From my prior discussions with Gabriel, I know that Ella would have nothing to add to my defense. Still I say, “The night Lauren was killed, she and her husband had dinner with Ella and Gabriel.”

LeMarcus seems surprised by the revelation. “Hold on. Gabriel Velasquez? The police investigator working the case with you?”

“Yeah. He and Ella are boyfriend-girlfriend. Small world, right?”

“Was Ella ever alone with Lauren that night? I mean, even if it was just to visit the ladies’ room?”

“No. Gabriel would have told me if Ella learned anything in a one-on-one that was relevant to the case.”

“All right. Even so, I think that’ll be enough to disqualify her. We can say we want to call her as a witness. It’s not like there aren’t lots of other people who could prosecute the case without denying the defense the opportunity to call to the stand one of the last four people to see her alive.”

I like what I’ve just heard. Ella’s as good as out.

“Which brings me to the next issue,” LeMarcus says. “Who do we tell the jury actually did murder Lauren?”

Working as a prosecutor, I cared only about what really happened. I always took for granted that I could demonstrate the truth to a jury. Defense lawyers like LeMarcus see the world differently. The truth doesn’t matter as much as how he can spin the evidence he can present. Evidence and the truth are distant cousins.

I don’t provide him with a scapegoat, at least not quickly enough. My hesitation causes LeMarcus to answer his own question.

“Richard Trofino is the obvious choice. Was there anyone else in the mix?”

“Do we have to decide this now? I’d prefer to see how the prosecution’s case comes in before committing to that kind of defense.”