Page 17 of The Happy Month

“Pete. The ultrasound wasn’t accurate, so all his clothesare pink.” She seemed to cringe as she said it, as though imagining the untold damage she was doing to her child.

Lydia came out and introduced herself. Then asked, “Is your attorney on his way?”

“Ha. At two hundred and fifty dollars an hour, no thank you. Do you know they charge in fifteen minutes chunks and nothing smaller? A five-minute phone call costs sixty-two-fifty. Oh, I guess you know that. Stupid question.”

“It is expensive, I know. It is often worth it, though.”

“I’m just going to tell the truth. I mean, he billed me for two hours just to tell me that’s what I should do.”

“Well, we want you to tell the truth so this should be pretty easy. We have a table set up in the back. Nothing fancy but we thought you might not want to drive to downtown L.A.”

“No way. I can’t stand L.A.”

“We’re going to be videotaping your deposition. I assume your lawyer told you that?”

“Yeah, he did.”

“Well, come on back.”

We walked back to the open area behind the offices. We’d set up a folding banquet table as the conference table. A woman named Elaine Joy from Eyes on Justice was standing next to a video camera on a tripod. She looked bored already. We’d had her before. She wanted to use more interesting camera angles, but we wouldn’t let her. It was one set up per deposition, period. She could feel her Academy Award slipping through her fingers.

“Can we get you anything?” Lydia asked. “Water, coffee, soda?”

Anne shook her head. Lydia and I sat down on one side of the table. She had the file we’d prepared in frontof her along with a pad of yellow legal paper. I had the same file and a pad too, for notes. Karen hurried in and sat down.

“I forwarded the phones to voicemail.”

Anne had set her baby on the floor next to her chair and was making herself comfortable. She looked lonely across the table all by herself.

“Okay. Today’s questions will focus on your testimony at trial,” Lydia said. “After we’re done, Dom may have some additional questions we’d like you to answer.”

“Will I be charged with perjury? My lawyer said I wouldn’t be, but I’m not sure I trust him.”

“Perjury is rarely charged. We’ll be making a motion to give Larry a new trial based on your deposition today, a deposition we plan to do with Larry’s defense attorney and Larry’s own statements. It’s possible, even likely the district attorney will say that your deposition is false and that your original testimony was correct. Once they’ve done that, they’re in a precarious position. As long as you’re telling the truth today, they can’t prove you lied now. And it would be unwise to prosecute you for your original statements since they’re on record claiming you were truthful then. Do you understand?”

“I think so.”

“Do you have any questions before we begin?”

“No, I think I’m fine.”

Lydia nodded at Elaine Joy to turn on the camera. Then in a loud voice she said, “This is the deposition of Anne Michaels in the matter of Larry Wilkes v. State of California writ of habeas corpus. Present are Elaine Joy, videographer; Karen Addison, notary public; Dominick Reilly, investigator for The Freedom Agenda; and myself, Lydia Gonsalez, Esquire.”

She paused and sipped the coffee she’d brought with her.

“First, I’d like to say that I advised the witness to bring an attorney and she has chosen not to. That is correct, Mrs. Michaels?”

“Yes, that’s right.”

“Mrs. Michaels, this is a deposition in which I will ask questions regarding your testimony in the trial of Larry Wilkes for the murder of Pete Michaels. You must answer those questions truthfully. This is a formal legal proceeding just like testifying in court. You are under the same obligation to tell the truth, the whole truth and nothing but the truth. Do you swear to tell the truth?”

“I do.”

“You can ask questions at any time, and you will receive a written transcript of the deposition to which you will be allowed to make changes. Do you understand?”

“Yes.”

“Let’s begin. You gave testimony in Larry Wilkes trial for the murder of Pete Michaels.”