The club member said he was told the picture was found in their car.

Pictures of all three defendants?

No, just the white guy, the club member said. The officer showed it to him when he came down to 1300 Beaubien to look at the suspects.

Marshall Fine said, to no one in particular, “While Mr. Maguire was being held in custody.” Then to the judge, “Your Honor, I’d like to request, if I may, the jury be excused. We seem to have a legal point to discuss.”

Twenty minutes later Maguire was free. He couldn’t believe it.

Marshall explained it to him in the hall, with all the people standing around outside the courtrooms, and Maguire had trouble concentrating. Free, just like that.

“What it amounts to, the cops fucked up. Once you’re in jail they can’t show anybody your picture unless your lawyer’s present.”

“They can’t?”

“See, it used to be the cops would tell the victim, or a witness, they got the guy and then show the guy’s picture. Then, when the witness sees the guy in the line-up, naturally he’s gonna pick him out, the same guy, of course.”

Maguire nodding-

“The prosecutor raised the point, this impermissible taint, what it’s called in law, was irrelevant because there was an independent basis for the identification. I said what independent basis? Like knowing you from someplace else. I pointed out there was absolutely no independent corroboration that would provide a sufficiently acceptable alternative identification that comports with due process. And the judge agreed. It was that simple.”

“Oh,” Maguire said.

“So, good luck. Get your ass out of here.” Young Marshall Fine turned to go back into the courtroom, then stopped. “I almost forgot. You need a job? What’re you gonna do now?”

There it was. “I got some money coming in,” Maguire said.