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Winston concluded her argument with a nod but remained standing because she expected the judge to respond.

“Thank you, Ms. Winston,” Leibowitz said. “Does the state have a response to the entrapment argument?”

Winston smiled and shook her head.

“Your Honor, to be honest, I didn’t think the court would need a response,” she said. “The entrapment argument is laughable. The laws of entrapment are very clear. Police agencies cannot induce a person to commit a crime they were not predisposed to commit. In this case the crime occurred twenty-five years ago. Discussing culpability twenty-five years after the fact is not a crime in and of itself, unless that is used as the basis for a conspiracy charge or an aiding-and-abetting charge. Yes, we have charged both defendants with conspiracy to commit murder, but the predicate crimes for that charge occurred in 2001. This is plainly laughable, Your Honor. The defense has put forth two arguments — entrapment and intrusion — that don’t remotely apply to this case, apparently in the hope that the court will not know the law and be swayed.”

Winston sat and Garland rose as if the two were on a seesaw.

“Rebuttal, Your Honor?” he said.

“Not necessary,” Leibowitz said. “I know what you will say. I’m going to adjourn this hearing now and consider the submissions, testimony, and arguments. I will issue my decision by the end of the week. Thank you all for — ”

“Your Honor?” Garland pressed.

“What is it, Mr. Garland?”

Leibowitz spoke in a tone of frustration.

“Would the court consider a bail reduction while this important matter is being decided?” Garland asked.

“No, we’re not going to do that until after I’ve made my ruling,” Leibowitz said. “Court is now adjourned.”

39

AFTER THE HEARING, the Talbots were hustled back into the courthouse holding facility, where they would be separated again and bused back to their respective jails. Garland took the non-custody exit from the courtroom while Ross busied himself with stacking his papers and loading his briefcase. Winston stepped to the railing and whispered to the investigative team that she needed them to stick around for a few minutes.

Then the point of Ross’s delay became clear. His apparent read on the hearing was that it had not gone well for the defense. When he could find no more busywork to occupy himself with, he turned to leave. Winston was waiting at the gate to the gallery and delivered her message to Ross as he approached.

“I don’t know how long he’s going to take,” she said. “If it were me, I would have ruled in the room. But no matter. Our offer is good right up till that ruling comes in. She’s got to know that after the ruling, all bets are off.”

“Got it,” Ross said. “I’ll let her know.”

Winston nodded, then pushed the gate open for him to exit to the gallery. Everyone waited until he had left the courtroom before speaking.

“So?” Ballard said.

“I think it went well,” Winston said. “And I don’t think the judge will take too much time with it. It’s pretty cut-and-dried.”

“Then tell me again why we are making her an offer?” Bosch asked.

Winston gestured toward the bench and the judge’s now-empty high-backed chair.

“If the wife flips, none of this matters,” she said. “We go to trial against the husband, and the Fourth Amendment questions are moot.”

“But the wife walks?” Laffont said.

“She doesn’t walk,” Winston said. “She gets a reduced sentence, yes, but she goes to jail.”

“Jail or prison?” Bosch asked.

“That will depend on the judge,” Winston said. “The offer is one to three years, and the judge makes the call. If he goes low, she could spend a year in county.”

“You think she’ll take the deal?” Ballard asked.

“If I were her, I would,” Winston said. “But who knows. I need to get back to my office. I’ll call you as soon I hear something.”

“Will he announce his ruling in court?” Ballard asked.