At first, as if through a glass darkly. But a lot of important things are like that.
Between the hospital record and Adrian, I could now account for much of Sephora’s time in the day leading up to the robbery, something Sephora was unable to do for reasons that were now obvious. Specifically, I knew where she was and more or less what she was doing between roughly 9 AM until maybe 5 or 6 PM on December 8th. From Adrian, I could also account for the period from roughly midnight on. What I could not determine was how Sephora wound up passed out in the back of Mechal Fuoco’s car around midnight, and where she had been or what she had been doing for the roughly six hour period before that.
In theory, of course, it should be enough for my purposes to show that she was passed out and not involved in the robbery itself, but in reality that’s not all there is to it. When you try a case – and as a trial lawyer you must always be thinking about the trial – your evidence has to support a coherent story that a jury can believe. Because the criminal defendant is a disfavored litigant, you must overcome skepticism. Consider that in this case, my own skepticism had to be overcome – and I was Sephora’s lawyer, predisposed to that. A jury has the opposite predisposition. So that six hour gap had to be filled in, somehow.
I got a bunch of Sephora’s medical records in the days leading up to the Grand Jury appearance. I had done quite a bit of personal injury work. I was used to reviewing medical records.