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CHAPTER 20

YUKI COLLECTED HER thoughts, then continued her opening.

“Here is what El Gato told the district attorney. That night in the car, Dario was bragging to Miguel about what a good life he was having, specifying all the girls he could have and had had, that he had all the money he wanted or needed, and that he’d had more fun than was humanly possible due to his ‘social activities.’

“According to El Gato, Miguel turned to him in the back seat and said, ‘You know what he means by “social activities”? You ever seen a snuff film? A lot of people don’t think they’re real. But they are. I’m telling you. That’s what Dario here does for fun.’

“Again according to El Gato, Miguel said that he enjoyed hearing these stories, and during that drive through the city, Miguel told Dario that he had a connection in LA who was a producer interested in making a movie like Get Shorty, starring a Chili Palmer–like character, possibly Dario himself.

“Instead of being flattered, El Gato said Dario was angry. He wasn’t pleased to hear that Miguel was sharing his business. El Gato said that Dario told Miguel, ‘What I was talking about, Miguel, that was privileged information.’ Then Miguel said, ‘Dario, you know you’d love a movie about you.’”

Yuki tucked a strand of hair behind her ear and said to the jurors, “Ladies and gentlemen, Miguel was twenty-three years old with a good job and a better future. He’d heard many of Dario’s wild stories, but at heart Miguel thought Dario’s stories were all made up.

“But El Gato told us that he became alarmed when Miguel and Dario began talking about killing people. When Dario pulled his car over on a deserted side street near Harbor Road, he asked Miguel to come with him, to look under the hood and to listen for a little ping in the engine that was bugging him. Miguel was not suspicious, El Gato said. He seemed happy to help.”

Yuki said to the jurors, “Imagine, ladies and gentlemen, we’re in Dario’s BMW sedan. It’s dark on that night last June. Picture Miguel with his head under the hood of Dario’s car, listening for a ping in the engine. El Gato gets out of the car to get some fresh air, and to his shock, he sees Dario now has a pistol in his hand. He observes Dario Garza walk up behind Miguel Hernandez and shoot him through the back of the head.”

Dario jumped to his feet and yelled across the courtroom.

“Lies. Those are damn lies!”

At this interruption, Judge Orlofsky immediately employed his gavel and admonished the defense counsel to control his client. Orlofsky then looked directly at the defendant and stated, “Mr. Garza, if there are any further outbursts, you will be removed from the courtroom.”

Counselor Jon Credendino put a hand on Dario’s arm. Yuki watched as Dario yanked his arm from his attorney’s grasp and sat down.

She turned back to the jurors and began again.

“According to our eyewitness, Dario dragged Miguel’s body toward the open trunk of his car, calling out to El Gato to give him some help. But El Gato feared for his own life. As Dario bent over, struggling with Miguel’s body, El Gato snapped four quick photos before bolting from the scene.”

Counselor Jon Credendino, Dario’s defense attorney, called out, “Objection, Your Honor. Every word of the State’s opening is hearsay and highly prejudicial. We move that it be stricken from the record and the jury be instructed to ignore Ms. Castellano’s storytelling.”

Judge Orlofsky said, “Motion denied. You’ll have an opportunity to make your case and to question the prosecution’s witnesses.”

Yuki said, “Your Honor, the People will enter these four photos into evidence. And we will prove each of these statements with evidence and the underlying testimony of our witnesses.”

Yuki heard Red Dog’s warning inside her head. He’ll never testify because someone who knows El Gato’s identity will sell the information to Dario’s family. El Gato will be a dead cat.

Judge Orlofsky spoke again. “Ms. Castellano. Do you wish to continue?”