The preliminary hearing in State vs. Gonzalez, to determine whether he should face trial, was weeks away, and Del Marto was expected to testify on West's behalf so she wouldn't have to. The detective did something rare in his 23-year career. He called the prosecutor to say that he was uncomfortable testifying in his own case.
Ventura County prosecutors were not deterred by this, nor by the absence of corroborating evidence. They intended to put West on the stand to tell her story. There, she would face a defense team that had lined up 10 alibi witnesses and was preparing to portray her as a pathological liar.
On April 21, 2008, the day before the hearing was to begin, prosecutors learned that West was in the hospital. They had obtained a note in what appeared to be West's handwriting.
"The DA asking me to relive my horror of Louis Gonzalez attack is more than I can bear. For them it is a case. For me it is my life shattered," read the note. "I died of Rx overdose — suicide."
Later, in family court, West would say she did not remember writing the note and blamed the hospitalization on drugs her psychiatrist prescribed.
At 5:26 p.m. on April 22, prosecutor Andrea Tischler sent defense attorneys a brief email: With West unavailable to testify, they were dropping the case. For now.
Jay Leiderman, one of Gonzalez's defense attorneys, hurried to the jail. To save a few minutes, he met his client through Plexiglas rather than face-to-face. Gonzalez was accustomed to odd-hours visits from the lawyer, but this time Leiderman's tie was loose, and he was smiling.
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