The Fifth Witness


Michael Connelly. The Fifth Witness. New York:

Little, Brown, and Company. 2011.

as reviewed by Ted Odenwald

tedthe-fifth-witnessWhen Mitchell Bondurant, a mortgage official for California’s Westland Bank, is viciously murdered, police investigators arrest Lisa Trammel, an activist who has been aggressively protesting and litigating against unfair practices in mortgage foreclosures. Her attorney, erstwhile criminal defense counselor, Mickey Haller-the “Lincoln Lawyer” of other Connelly novels-is asked to represent her, setting into motion a fascinating series of actions: exposure of fraudulent practices in mortgage foreclosure “mills”; the risky, and often illegal tactics of investigators attempting to gather information being withheld or obscured by interested parties, including the authorities themselves; the pre-trial, courtroom and in-chambers maneuverings of two very skilled lawyers, attempting to win (not necessarily to determine the full truth); the brilliant questioning techniques of both lawyers, poking holes into the most seemingly impregnable arguments.

Haller, though almost-down-and-out financially, and in spite of two failed marriages, and a history of alcoholism, demonstrates that his legal skills and instincts are still sharp. Serving as the narrator, he draws the reader through his efforts to reconstruct the murder, if not definitively proving Trammel’s innocence, at least creating a strong case for reasonably doubting her guilt. His extensive recounting of examinations and cross-examinations is excellent and often powerful dramatic dialogue. His recollections of his discussions with his “team,” his two ex-wives, the judge, and the prosecuting attorney reveal that he can perceptively read the emotions and body-language of others, often perceiving the direction that each person is likely to pursue. Unfortunately, his self-evaluations are not always so fruitful. He can effectively move through a day leaving much emotional flotsam and jetsam in his wake.

Connelly’s supporting characters are mainly foils for Haller. Jennifer Aronson, Haller’s tyro junior associate, is clearly there to learn the ropes of her new profession; through her “practical education,” the readers learn a great deal about issues of illegal activities regarding mortgage reassignments and foreclosures. Through her lessons, the reader learns about the sometimes shady directions that an attorney may have to take to shelter his client-including refusal to ask the client to privately declare his/her innocence. Jennifer also serves as a kind of conscience for Haller; she is naive and idealistic, traits which will not survive long in the legal profession-or at least under Haller’s tutelage.

Andrea Freeman, the prosecutor in Trammel’s case, is formidable in the courtroom. Her strategies for jury selection, order of witnesses, and nature and sequence of questions impress Haller, driving him to perform at the top of his game. The two lawyers engage in an intense and complex chess match maneuvering the pieces of the legal system brilliantly until Haller finally prevails-or does he? The outcome of the trial leads to discoveries that drive him to a life-changing decision.

Lisa Trammel, the accused murderer, is a nightmare client-totally out of control in terms of her temperament, reluctant to listen to counsel, egging her lawyer on to attack the system which was trying to take her home, and which she claims is trying to frame her so that she will lose everything. Early on, Haller realizes that he might be dealing with a bi-polar client; little does he know how she will manipulate him to insure that she is viewed as the victim of organized crime.

Louis Opparizio, the head of ALOFT, a mortgage foreclosure mill, and Herb Dahl, a sleazy film maker, who may be pursuing Lisa to gain film rights to her story, both appear to be the types of unsavory characters that bring out Haller’s vengeful side, as he attempts to unload his built-up anger and frustration over the hardships caused by the manipulating rich. He suffers a nasty mob-style beating, increasing his desire to win at all costs, hurting the undesirables as much as he can.

Connelly’s writing is exceptionally strong in two areas. Mickey Haller’s narration is clear, direct, and fast-moving. His attention to detail serves him well in the pursuit of evidence as well as in the operation of a court case. His professional voice is usually strong, though he occasionally expresses doubts because of his past failures. His wit is often acerbic, and his language ranges from the formal to the profane. Connelly is a master at directing the action of the courtroom through the use of questions and testimony. Many of the exchanges between the two lawyers, between the lawyers and the judge, and between each lawyer and the witnesses are worthy of dramatic scripts.

The Fifth Witness is an entertaining, quick read. The story is so strongly controlled by Connelly’s narrator and his personal struggles, that the lack of depth of the other characters will hardly be noticed. The reader has to like Haller, even when he is behaving unprofessionally. He is driven to prove himself a winner-even when he is wrong. If he stumbles, he gets up and tries again-harder. Even when he is dead-wrong, he has an air of victory for having given his best effort.

tedTed Odenwald and his wife, Shirley have lived in Oakland for 40 years. He taught HS English at Glen Rock High School for all of those years plus one more. Now he is enjoying time spent with his family, singing in the North Jersey Chorus and quenching his wanderlust. Ted is also the Worship Leader at the Ramapo Valley Baptist Church in Oakland.