Chapter 31
Docket Call
When Stan agreed to let me take the Jim Cochran case I was ecstatic. I couldn't believe how everything had fallen into place. Soon I'd be living my dream. I was so excited I had to celebrate, but I had to be careful because I didn't want my supervisor to find out I was leaving before I had a chance to tell her. Also, there was the problem of getting Jim Cochran to hire me as his legal counsel. I was pretty sure he'd take Stan's recommendation, unless he had a problem with female attorneys, but I had to make sure.
There were quite a few women in the legal profession already and the numbers in law school were at an all time high. Unfortunately, many men still believe women weren't tough enough when it came to the courtroom, particularly high-stakes litigation or criminal defense work. This was a concern, but I wasn't going to let it dampen my spirits. I finally decided to call Bart and share my good fortune with him. Although he was an ADA himself, I knew I could trust him. I called him and suggested we have dinner. We met at Olive Garden off on LBJ Freeway. The place was packed so we took a seat in the bar and had a drink while we waited.
"Guess what?" I said excitedly.
"What?" Bart asked.
"Stan's setting me up to defend Jim Cochran."
Bart wrinkled his brow. "Really? So, that means you'll be leaving the DA's office," Bart said evenly.
"That's right. Can you believe it?"
"So, you're going into a partnership with Stan?"
"Not right away. I'll have to be independent until the Cochran case is over. Stan's representing several other persons of interest right now, so he can't be involved in Jim's case."
Bart shook his head. "What happened to two months notice?"
"I know," I said. "But opportunities like this don't come every day. What can they do, give me a bad reference? Who cares. I've got a new job."
"Unless it doesn't work out."
"Well, even if it didn't work out, once I've tried a murder case I'd just go out on my own. Worst case I'll end up doing a lot of divorces between murder cases."
Bart rolled his eyes. "Oh, that sounds like fun."
I laughed. "Come on. Aren't you going to congratulate me?"
Bart finally smiled. "Yes. Congratulations. I knew you'd get what you wanted, I just didn't realize how quickly it would happen. Does Stan have a clue that you just hijacked his law practice?"
We both laughed. "No. You should have seen the look on his face," I said.
Bart shook his head. "I feel sorry for him."
"Oh, give me a break. This is the best thing that's happened to him since he went into practice. I'm going to double his income in no time and in two years we'll be one of the best criminal defense firms in Dallas."
Bart nodded and raised his drink. "Then, here's to Turner & Waters."
I smiled and raised my drink to his. "And goodbye DA’s office!"
We finished off our drinks as we heard Bart's name over the intercom. We had a nice dinner but I could tell Bart was less than enthusiastic about what I was doing. I wasn't sure if it was the fact I was leaving the DA's office or going into partnership with Stan Turner. Bart knew I'd had a crush on Stan ever since law school, so he may have been worried that things would heat up if we were in close proximity with each other. He knew me too well.
The next day Stan and I met with Jim Cochran to explain the situation and get his consent to my representation. I knew the moment I visited him in the county jail the word would get back to the DA's office and I'd have to explain myself. It was the moment of truth. Unfortunately, we had to speak with him through a thick glass with phones that kept cutting in and out.
"Hi, Jim. This is Paula Waters. She's an old friend. We went to law school together."
Jim nodded. "Nice to meet you."
"How are you holding up?" Stan asked.
"Not well. I need to get out of this place."
"Well, that's one reason we are here. Like I told you I've got a conflict, so since you couldn't find anyone to take your case, I asked Paula if she would consider the case and she said she would."
Jim's eyes narrowed. "Stan told you my financial situation?" Jim asked.
Paula nodded. "Yes. Don't worry about the fee, I'll let you pay it out. I understand Luther Bell ruined you financially."
"Yes he did, the bastard!" Jim agreed. "So, are you with a firm or on your own?"
"Actually, I'm with the DA's office, but I'll be resigning if you consent to my representation."
"You're switching sides?"
"Well, yes. I've always wanted to be a criminal defense attorney, but you have to work for the DA 's office to learn the ropes and get trial experience."
"Hmm. You ever tried a murder case?" Jim asked.
"Actually, no. But I'm ready and I'm sure I'll do a good job."
"She's the best," Stan interjected. "I promise you she'll do a fine job. In fact, when your case is all over we're forming a partnership-Turner & Waters."
Jim nodded. "Well, if you have faith in her Stan, then I'll trust your judgment."
"Good," Stan said. "Paula will immediately start work on getting you out on bond."
With that hurdle under my belt, I went back to the office and tracked down Margaret. She was in a conference room pouring over documents. "Do you have a moment," I asked.
She looked up and sighed. "Sure, I need a break. Sit down."
I took a seat and sighed. "I guess there's no easy way to say this, so I'll just spit it out. I'm leaving the DA's office."
Margaret raised her eyebrows. "Well, this is a surprise. I thought you were happy here."
"I was but an opportunity has come up."
"What's that?"
"Like I told you before, Stan Turner and I were classmates at SMU Law School and he's been asked to defend Jim Cochran in the Luther Bell murder, but he's got a conflict. So, Mr. Cochran has asked me to defend him."
Margaret glared at me. "So, you're going to drop everything and just leave?"
"Well. I'll be happy to finish up my current case assignments as long as I can work on Cochran's case at the same time."
"No. I don't think so. You can't work both sides. You have to choose one or the other."
"Well, I've agreed to defend Cochran, so I'm tendering my resignation."
"Then bring me your case files, clean out all your personal items from your desk, and leave the building."
"Right now!"
She nodded. "Yes. Now!" she said irritably.
I stood up."Okay. I really wanted to make this as amicable as possible.'
"Then you shouldn't have accepted a case when you were already employed and obviously had a conflict of interest. You've betrayed our trust and been disloyal."
"I have not. I'm simply moving on to something I've always wanted to do."
"Well. Don't expect any favors from anyone at this office. I'll be sure that everyone knows the circumstances of your termination."
Margaret's attitude had shocked me. I just shook my head in disbelief and left the conference room. It was humiliating to be forced to clear out your desk and vacate the building immediately. I wondered if a sheriff's deputy would be at my work station when I got there, but nobody was sitting in my seat yet.
An hour later I left the DA's office and didn't look back. It felt good to have two dozen rather tedious case just disappear. I hadn't felt so good in years. But it wasn't long before my attention turned to Jim Cochran. Now I was responsible for a man's freedom. I immediately contacted his wife to see what collateral might be available to put up on a bond.
"Did your husband tell you I'd be representing him," I asked Wanda.
"No. I thought Stan was going to do it."
"Well, he's got a conflict, so he asked me to handle it."
"Good. I'm glad he’s got someone. I was getting worried there for awhile."
"Well, the first
order of business is to arrange bond."
"Yes. We've got to get Jim home. He'll lose his job if he can't get back to work soon. Then we'll have nothing."
"Right. Do you have any assets available for posting a bond?"
"I don't know. We've just about lost everything."
"Is there anything that you tried to sell but couldn't find a buyer?"
"Yes, we have a timeshare at Vail, Colorado. It's during Christmas vacation so it's very valuable."
"Why couldn't you sell it?"
"I don't know. We put it on the market but haven't got any interest yet."
"Well, the nice thing about a bond is you don't have to sell the collateral, just pledge it. How much did you have it on the market for?"
"Twenty-five thousand."
I sighed. Bond would be at least $250,000 so the timeshare wasn't going to cut it.
"Okay, that's a start. Is there anything your husband refused to sell."
"Well. He wouldn't touch his stock options because the stock is very low right now."
"Stock options?
"Yes. Jim's got options for a million shares of his company's stock at $1.00."
"What's his stock selling for now?"
"$1.57 the last I looked but it's been as high as $3.00."
"Good. We don't need to sell them, just pledge them on the bond. Do you think Jim will go for that."
"He will. I'll twist his arm if he gives you any crap."
I smiled. "That a girl."
I spent another hour with Wanda finding out everything she knew about her husband's case. Stan had filled me in on some of it but I wanted to hear it from her so nothing got lost in translation. Later that day I posted bond, got Jim released, and drove Jim home. Wanda was ecstatic to see him and thanked me profusely for getting him out so fast. Her praise and appreciation felt good and I just knew I was going to love being a defense attorney.
Within a week I had interviewed all the witnesses and felt like I was on top of the case. Now all I had to do was find some new evidence to vindicate my client. Several weeks later we were scheduled for a docket call. Judge Martin Wingate of the 555thCriminal District Court had been assigned the case. Judge Wingate was a no-nonsense judge known for moving his docket quickly. When I called Bart to get his read on the judge he told me Wingate would probably make everyone sign a scheduling order and follow it meticulously. This concerned me because my investigation was far from complete and I needed as much time as possible to get ready for trial.
The press mobbed me as I walked out of the elevator on the sixth Floor of the Dallas County Courthouse. All the press attention that had suddenly been thrust on me was exhilarating.
"Ms. Waters. How does it feel to be trying a murder case?" a reporter asked.
"Sobering. It's a lot of responsibility," I lied. Actually I was loving it, but I didn't want to say that to the press.
I tried to make my way through the crowd of reporters but quickly realized I was pinned in. It was apparent I was going to have to answer a few more questions before they would let me in the courtroom.
"How is the case going?" another reporter asked.
"As well as to be expected. The facts in this case are fairly complicated and there are a lot of other persons who had as much or more motive to kill Luther Bell than my client."
"Is it true Mr. Cochran threatened to kill Luther Bell a few days before the murder?"another reporter asked.
I chuckled. "Believe it or not, a number of people threatened to kill Luther the week before he was killed, but obviously they all didn't do it."
A narrow crack in the wall of reporters developed, so I quickly slipped through it and forced my way into the courtroom. Much to my surprise, Stan was there. I walked over to him.
"Hi," I said.
"I thought you might need some moral support."
"Thanks."
"They've assigned Will Thornton to prosecute this case. He's a world class asshole. I don't know a single person who likes him."
"Oh, wonderful."
"You better watch your back because he'll do anything to win. The word ethics isn't in his dictionary."
"So, what are his weaknesses?"
"Snake says it's his ego. He's often over-confident and thinks his evidence is better than it really is. If you out-hustle him you can win. Just don't let his cocky, know-it-all attitude intimidate you."
"Thanks. I appreciate the heads-up. . . . Have you told Rebekah about our partnership yet?"
"No. I haven't worked up the nerve yet. Just give me a little time."
"Okay."
"I've got to go. I just wanted to warn you about Will."
After Stan left, I went up and introduced myself to Will Thornton. He was very cool and didn't seem interested in talking to me right then, so I took a seat and waited. After a few minutes Jim Cochran walked in the courtroom. I went right over to him.
"Hi, Jim. How are you doing?"
He shrugged. "I've had better days."
"Well, not much is going to happen today. The judge will ask for your plea and then he'll set the case for trial. The DA has assigned Will Thornton to prosecute your case. I understand he's a prick, so this isn't going to be a fun trial."
"Oh, just my luck."
The court reporter's door opened and she quickly took her chair. The bailiff stood and said, "All rise!" The judge entered the courtroom and took the bench. He shuffled through some papers and then looked up.
"The State versus Michaels."
An assistant DA approached the bench along with a short, bald attorney. They talked with the judge for a few moments and then left. Several other cases were called and then the judge said, "The State of Texas verses Jim Cochran."
Thornton and I approached the bench and stood in front of the judge. He opened the file, studied it a minute, and then looked at us. "Well, gentlemen, I want to get a few things straight before we start. Mr. Thornton, you will present yourself in this courtroom with dignity and respect. Do you understand?"
Thornton glared at the judge without saying a word. "Do you understand, Mr. Thornton?" he repeated.
Thornton took a deep breath and said, "Yes, Your Honor."
"Good," the judge said, and then turned to me with his piercing glare. "And Ms. Waters, I understand this is your first murder trial."
"Yes, sir."
"Well, don't expect any special treatment. I'll expect you to be competent on all issues that come up. If I see that isn't the case I'll be forced to appoint co-counsel to make sure Mr. Cochran's rights are not impaired."
I swallowed hard. "Yes, Your Honor."
"Then with that out of the way, is your client ready to make his plea, Mr. Waters?"
"Yes, sir. He is."
The judge looked at Jim and asked, "Mr. Cochran, you are charged with murder under Section 19.02 of the Texas Penal Code. How you plead?"
Jim stood up straight and confidently said, "Not guilty, Your Honor."
The judge nodded and said, "Very well, I'm going to set this case for trial on February 13, 1984 at nine. My clerk will forward a scheduling order which will be followed to the letter without exception. Understood?"
We both replied, "Yes, Your Honor."
"Have you both agreed on a bond amount," the judge asked.
"The State request one million dollars, your honor," Thorton said.
"Your honor," I replied. "My client has suffered severe financial losses on account of Mr. Luther Bell. A million dollars would be impossible for him to raise and is excessive under the circumstances. Mr. Thornton owns a home, he's married, got a executive position at Thermal Dynamics and has no criminal history."
The judge thought a moment. "Alright, I'll set bond at $250,000."
"Thank you, your honor," I said feeling a great sense of relief.
"Then that will be all. You're both dismissed."
Thornton bolted out of the courtroom. Jim and I followed close behind. As we walked toward the elevators, we talked.
"I guess the judge wanted us to know who's boss," I said.
"It sure looked that way. . . . Who stuck a pole up his ass?"
I laughed. "I don't know, but he's not going to make it pleasant."
"I'm glad you're the attorney and not me."
"You want to trade places?" I said.
Jim smiled. "I don't know. I'd have to give that some thought."
After I had briefed Jim on where I was with my investigation, I went to my new office. My adrenalin level was so high I could barely sit still. Finally, I started thinking about the daunting task that lie ahead-proving my client innocent. I wondered where to start.
Cash Call, A Stan Turner Mystery Vol 5 Page 31
