"Tray is a young boy who has had one of the most horrific things happen to him, and yet, he continues to do well in school and gets along well in his foster home. His foster parents have been here throughout these proceedings and welcome him back into their home. Without listing each criterion, we believe we have met the burden of proof for each one, with the exception of the alleged crime, which we deny was committed by our client."
However, Benson argued that in spite of all that, the crime alleged in the petition was too heinous—that Tray would’ve had to plan it all out, which required a sophisticated, criminal mind. She continued to state the same thing in several different ways. Judge Palatini shifted several times in his chair. On two occasions it appeared that he was going to interrupt her but didn't. At some point, he just seemed uninterested and turned his attention to watching Tray. Unfortunately, every time Benson mentioned Irving's name, Tray's eyes would narrow and what appeared to be hatred that Tray felt for the man came across on his face. A couple of times, Sabre tried to get Tray to relax, but he was nervous and scared. Sabre was concerned that Judge Palatini might misread him.
"Consequently, Your Honor," Benson continued, "we ask that the court make a finding that Tray Copley is not fit to be tried as a juvenile and send this case to the Superior Court downtown."
"Thank you, Counselors," Judge Palatini said. "I will notify you when I have my ruling." He stood up and walked out of the courtroom.
Chapter 28
"I hope you have some good news for me," Sabre said to JP when he walked into her office. She never failed to think how handsome he was whenever she saw him.
"Sorry, kid," JP said. "I feel like I've been pushing a wheelbarrow with rope handles up a hill. Everyone I talk to makes the case worse instead of better. I checked again on the identity of the other dead guy to see if we could point the finger in a different direction. But they still don’t know who he is, and the MO is entirely different from this one."
"Yeah, I didn't think that was going to get us anywhere. What else do you have?"
"I can't find any more of Irving's molest victims. The only lead we had was the boy who lived near him in Orange County, and he was a bust."
"You couldn't find him?"
"Oh, I finally found him. At least I'm pretty sure I have the right kid. His name is Roderick Jones. The owner and landlord of the apartments hasn't changed in fifteen years. He told me that Roderick and his mother lived together in the apartment. The kid apparently never knew who his father was, and shortly after his mother passed away about a year ago, the kid joined the army. I was able to follow up on his military record and discovered that he's been in Afghanistan for the last eleven months. So he's pretty much off the list."
"What about Tray's father?” Sabre asked. “I know you said he had an alibi, but maybe he was lying."
"I spoke to his 'old lady,’ as he referred to her. I'm not sure if it's his wife or girlfriend. She corroborated his story and so did their neighbors."
"What about Tray’s mother, Jeannine Copley? Does her alibi hold up?"
"No one has seen her since Tray and Shanisha’s review hearing when we set a trial date. She left the rehab center on Friday and never returned. No one knows where she is. I've been to the center several times and questioned everyone who would give me the time of day, but Jeannine hasn’t been back there and I haven't learned anything new."
"Does Tray have anyone else close to him who might have sought revenge?"
"His foster parents care a lot about him, but they were both at the hospital with June's father who had had a heart attack, not that they would go kill anyone."
JP started to say something else, but before he could, Sabre said, "If Tray did this, I don't know how he could've done it alone. We already know that Tray was at Albertsons with a guy who was most likely Irving. Let's assume for a minute that Irving somehow got Tray to meet him and that Irving then took Tray to the location in Coyote Ridge where they found the body. If Irving did something and Tray fought back, Tray could have accidentally killed him, but how would he bury him?"
"That bothers me too. Where would he even get a shovel?" He paused. "Unless he brought it with him."
"Which means Tray would've had to plan the murder, and that just does not work for me. Besides, he had to be in someone else’s car. How could he have a shovel?" She shook her head. "No, if Tray did kill him, it was an accident or self-defense. I don't believe this was a premeditated murder—not by Tray anyway."
"The only other person that Tray is close to is his friend Drew Fletcher. Maybe Drew was with them. Drew could've helped Tray bury the body."
"You talked to Drew. Do you think he was telling the truth?"
"He appeared to be, but I've been wrong before. He may have been a little hesitant with some of his answers, but I thought it was because he was afraid he would say something that might hurt Tray's defense. I don't think he totally trusted me."
"Did you get the feeling that Drew and Tray are close enough friends that Drew might have defended him?"
"If you mean, do I think Drew killed Irving? I have no reason to think that, but if Tray killed Irving and had an accomplice, Drew would be the first place I would look."
"Maybe you should have another go at Drew. See if you can get anything new out of him. If that's what really happened, we can still change our strategy to self-defense when we go to trial. I think Tray might stand a better chance with that anyway. Eventually we’re going to have to do something to explain those security videos."
When the phone rang, Sabre said, "Excuse me." She answered her desk phone and said, "I'll be right there."
"I take it you need to go," JP said, standing up.
"That was Judge Palatini's clerk. He wants us to come for the ruling. Want to come?"
JP wanted to say he would go anywhere with her, but he didn't. "Sorry, kid, I’d better hit the pavement and see what else I can dig up for this case. I'll start with Fletcher." He opened her office door. "Let me know the ruling." And he left.
Sabre watched as he went out the door. Then she gathered her things and went to court.
***
Chris stood at the defense table when Sabre arrived. No one else was in the courtroom except the bailiff, who was just walking out the back door. Sabre laid her file on the table.
"I'm nervous," Sabre said. "Are you?"
"More anxious than nervous," Chris said. "I don't really like this judge. By all rights we should win this hearing, but I don't know what to expect from him. If we lose and are sent downtown, then we’ll get a jury trial. I do think Tray would have a better shot at an acquittal with a jury. It would be a lot easier to convince a jury that Tray was the victim, no matter how the DA spins the case, than it would be to convince Palatini. But if he loses at trial downtown, he could get life in prison. This kid doesn't deserve that, no matter what he’s done."
"Is there any word on when Judge Trapnell will be back? Maybe we can hold out for him."
"The word isn't good. He's pretty sick. Chances are he won't be coming back."
"Does that mean we get Palatini for trial if he keeps the case here?"
"I'm afraid so, unless we can come up with a reason to challenge him."
DDA Marge Benson walked in and took her seat at the table without making eye contact with either Chris or Sabre. Sabre started to say something but stopped.
The court clerk entered through the rear, then the bailiff, and finally the judge.
"Are you ready for the defendant?" the bailiff asked.
"Yes, please," Judge Palatini said.
A few minutes later the bailiff entered with Tray Copley. Sabre had spoken to him in one of the holding cells just before she had entered the courtroom. She had explained again to Tray that being tried in juvenile court meant that the most he could get for a sentence was a little over ten years, which would make him twenty-five upon his release. If he were tried as an adult, he could get life. She hated scaring this young man any more than h
e already was, but he needed to understand what was happening. He was still denying that he was ever at Albertsons, in spite of the security videos. And he still claimed to have had a therapy session with Dr. Bell, even though the doctor was in Africa. It concerned Sabre that Tray wasn’t opening up to her. She had told him over and over again how she needed to know the truth so she could give him the best defense, but a confession of any kind had never come.
The bailiff seated Tray on the end next to Sabre. She touched his shoulder and encouraged him to relax. His face was very tight and his breathing was heavy.
The clerk called the court to order.
"Murder is a heinous crime," Judge Palatini said. "When it’s premeditated, it's even worse."
Sabre didn't like the way the judge started his ruling. She didn't look at Tray because she didn't want him to see her concern.
"I find that Tray Copley has no previous delinquent history, and therefore, there have been no previous attempts to rehabilitate him."
Sabre hoped he would keep going and there wasn't a but following these remarks.
"However," the judge continued.
Sabre saw the look of concern on Chris's face and her heart beat faster. He was ruling against them.
"I have been hearing murder cases for over twenty years and the one thing that I have learned is that dead is dead. It doesn't change. When someone is killed, someone else grieves. Whatever Irving did while he was alive cannot enter into my decision. I expect that no matter how evil this man may have been, his mother still grieves for him, and for that, I am sad. I'm even sadder over the effect Irving's behavior had on Tray Copley. His life is tainted forever by the victim's crimes. But again, I cannot let that influence my decision."
Sabre wondered where he was going with his statement. He seemed to lean one way and then another until he said, "I find that Tray Copley is unfit to stand trial in juvenile court; that he was fourteen years old at the time of the alleged offense; that the offense is listed in Section 707(b); and that Tray Copley would not be amenable to the care, treatment, and training program available through the juvenile court because of the degree of criminal sophistication exhibited by him. I find that the circumstances and gravity of the alleged offense are such that he could not be rehabilitated before the expiration of jurisdiction."
"He covered his bases," Chris whispered to Sabre.
Sabre reached over and squeezed Tray's arm.
"Thank you, Your Honor," Attorney Firmstone said. Sabre couldn't get herself to mutter the words.
"Thank you, Your Honor," DDA Benson said. "We have filed an accusatory pleading against Tray Copley in violation of Penal Code Section 187(a). It's on hold, but my office will ask to release it."
"The 602 petition is dismissed upon release of the pleading in criminal court,” the judge ruled. “The minor will remain in the juvenile hall detention facility."
"We asked that no bail be set for this minor," Benson argued. "He is a dependent of the court, has no real ties to the community, and will be likely to flee the jurisdiction."
"Your Honor," Sabre said, without waiting for Chris. "I have known Tray for nearly a year and I know him to be a responsible young man. His foster parents care a great deal for him. They have been to every hearing. They’re willing to take him into their home and take full responsibility for him."
"I'm sorry, Counselor, but I'm not willing to do that at this time. No bail is set. You can argue it again at the arraignment." The judge looked directly at Chris and then at Sabre. "I'm willing to remain on this case and follow it downtown unless you object."
Sabre raised her eyebrows, and then whispered to Chris, "I don't know how he was able to find him unfit. We better take our chances with someone else."
"I agree," he whispered back.
Sabre explained to Tray what was going on and he was in agreement.
Sabre stood up. "My client would like a new judicial officer."
"Very well." The judge stood up and left the courtroom.
Tray looked confused. "Now what?"
"We'll go to trial downtown and we'll get a jury. This isn't necessarily a bad thing. A jury is more likely to acquit you than a judge. You need to stay strong."
Chapter 29
Three-and-a-half months later…
Attorneys Chris Firmstone and Sabre Brown sat in Chris’s office preparing for Tray’s trial.
“I wish we had more evidence on our side for trial tomorrow,” Sabre said. “I don’t see how we can win with the ‘other dude did it’ defense. We don’t have any substantial suspects to point the finger at.”
“I agree, but we have nothing else. We’ll have to create ‘reasonable doubt’ by pointing the finger at enough people with a motive and no solid alibi.”
“But the crime had to be self-defense. Are you sure we shouldn’t just go with that?”
“We can’t just make a self-defense argument without some kind of evidence. And the only witness we would have to self-defense would be Tray, and he continues to deny that he ever saw Irving.”
“We could put Dr. Bell on the stand, and he could testify that Tray may have blocked out whatever happened. He told us that’s a possibility and he’s willing to testify to that.”
“But how are we going to prove the elements of self-defense? We have zero evidence that Tray was defending himself, or that he did it with reasonable force. Our best bet is to point the finger at someone else; otherwise, we’re done before we get started.”
“I know you’re right. I just know Tray, and I know he wouldn’t have planned a murder.”
***
June and George Longe, Tray's foster parents, sat in the front row directly behind the defense table in the Superior Court on Broadway. Tray's mother sat next to them. At the other end of the row was Tray's father. At the table were Sabre and co-counsel, Chris Firmstone. Since bail had been denied and Tray had remained in juvenile hall, the bailiff brought him in and seated him next to Sabre. She acknowledged Tray’s presence and then turned to Chris.
"What do you know about Judge Shirleen Miller?" Sabre asked Chris.
"I know a few attorneys who’ve appeared in front of her," Chris said. "The word is that she has no tolerance for attorneys who show up late. She knows the Rules of Evidence inside and out, and apparently she teaches Evidence at USD Law School at night."
"That's a good thing. I hate when the judge doesn't make a good evidentiary call. Does she tend to lean to one side or the other?"
"She has a reputation for not being too conservative or too liberal, but she hates civil rights violations. Also, she loves to talk about her little dogs, Missy and BJ."
"What kinds of dogs?"
"I think they're both poodles. Some kind of little furry things."
Judge Shirleen Miller walked into the courtroom. She was a large woman with short, white hair; thin, slightly crooked lips; and a friendly smile that she flashed at the people at the counsel table. It put Sabre at ease. She hoped it did the same for Tray.
The judge called the case and heard the motions that both the prosecution and the defense had requested before bringing in the jury.
Five men and seven women filed in and took their seats in the twelve assigned seats. Another two jurors, one man and one woman, sat in the two end seats. These were the alternates in case someone had to be replaced. Sabre and Chris both tried to load the jury with men, hoping they would be quicker to understand why someone would kill a molester. However, it was difficult to get them on the jury because those same men were too open about their views, and when questioned, they stated such to the judge, which disqualified them.
Marge Benson made her opening statement claiming that the evidence would show that Tray killed Irving. She claimed she would show that his alibi was not sound, that experts would testify that it was his handwriting on the body, and that he had motive to kill Irving.
Preparation for the opening statement was much different for a jury trial than it was for a judge trial. In juvenil
e court, there was no point spending much time on emotional issues since there was no jury. The judge just wanted the evidence and the law. Since the defense had lost the 707 motion, Sabre had spent a great deal of time on her opening statement to the jury. Sabre and Chris agreed that it would be best if she gave the opening statement since she knew Tray better than Chris did. So she began.
"Tray Copley is the real victim here. He is innocent. The evidence will show that he is a quiet, well-behaved, child with no prior record. He attends school regularly, gets good grades, and helps care for his younger sister.
"Tray's father left him when he was approximately eight years old, and Tray hadn't seen him until his recent visits while Tray was in custody. His mother struggles with a drug addiction and has not always put Tray's best interests first. His mother met and fell for Glen Irving, and after a two-month relationship, she moved him into her home with her two minor children. Shortly thereafter, Irving molested Tray and continued to do so for several months. When Tray's younger sister told a neighbor what was happening, CPS became involved and removed the children. Tray never saw Irving after that, nor did he have any contact with him of any kind.
"The prosecution has a witness, Sister Maria Luisa Hilasco, who will testify that she saw Irving and my client, Tray, in an Albertsons supermarket on the weekend of Irving's demise. For some of you, it may be difficult to believe that someone of her religious stature could be incorrect. We're not saying that she’s lying. I'm sure Sister Maria is telling the truth as she believes it to be. However, that is simply not possible because Tray Copley was elsewhere. And we will provide evidence as to the inaccuracies of eyewitness testimony. We ask that you consider her testimony in that light. You will also see a security video of a young boy at Albertsons who looks a great deal like Tray, which will explain why Sister Maria was so sure she saw him.
"We are certain that Tray was not Irving's only victim. Plenty of other angry parents and young men had a motive to kill him. Irving's own sister will testify to behaviors she witnessed.
The Advocate's Homicides Page 12
