by J. A. Faura
Steven also knew they would ask that question, “No, and you won’t either. You know what would happen if I told him. He would smile and pat me on the head and tell me that he was going to keep away from the guy, and as soon as I left the room he’d do it anyway.
“No, right now I have to shelve this completely. I have a trial to get ready for and that’s going to take everything I got. Let me know when you have the teams picked out…oh, and tell Thurman not to be too hard on the new guy. Hell, we all thought he wouldn’t have very sophisticated security, remember?”
Cecil sighed, “Yeah, I remember, but still, it stings like a motherfucker to be made like that, especially by a guy like this.”
Steven could hear the strain on his voice. Professionals always took it hard when they failed. Steven finally ended the call and went to find Max and Drew. He walked down the hall to Drew’s office, but before entering he looked over the sea of cubicles in the middle of the floor. It was a swarm of activity with what had to be 30 associates and paralegals walking back and forth and carrying stacks of reference materials. It was clear they were all in the middle of doing research for one case or another and he was impressed by their intensity.
He walked into Drew’s office where he found Drew, Max and a man he didn’t recognize. He looked to be Zeidler’s age, although he was much taller and heavier and had far less hair. He was also dressed in a very different style from what Max normally wore. While Max favored two-thousand-dollar Hugo Boss tailored suits, usually charcoal grey or pinstriped navy blue, this guy was wearing a dark brown, off-the-rack suit and his tie was too short for how tall he was. He had a pleasant manner about him, a wise-old-man quality that was hard to define, but which came through in spades. They all turned in his direction as he walked into the office.
Max came over and pulled him further into the office, “Steven, did you take care of what you needed to take care of? Good. Allow me to introduce you to Ray Gretche. This is the attorney we told you about. He’ll be joining Drew and me as part of the defense team.”
Gretche walked over to Steven, hand outstretched, “Mr. Loomis, it’s a pleasure, it really is. I think what you’re doing is remarkable and quite unprecedented, and I for one am looking forward to being a part of it.”
Steven shook the man’s hand and couldn’t help a small grin. The man’s enthusiasm was completely genuine and it showed. “It’s Steven, please. So, you think we have a shot here?”
They migrated over to the sofa and chairs in Drew’s office. Now sitting in one of the big chairs, Gretche took a couple of seconds before answering.
That was good, it meant the man was considering the question carefully and not just blowing smoke up his ass. “Well, I’ll tell you, if we can put on the defense and bring the witnesses we want to the stand, then yes, I think we have a pretty good chance. Juries are a very complicated animal, Mr. …Steven. You never know what a jury is going to do until they send the note out to the judge. I’ve argued in front of enough juries to know that just when you think you’ve got them figured out, they pull a fast one on you.
“What we’re going to be asking them to do here is to define, legally define, what a human being is. That’s the bottom line, that’s the heart of the case. What is a human being, legally speaking, and does Riche fit that definition. The one thing we have going for us, and it’s no small thing, is public opinion. I don’t mean to seem insensitive, but we have the perfect set of circumstances here, a ‘victim’ who was indicted for the disappearance and murder of nine young girls, a defendant who is literally the epitome of the American success story, and a groundbreaking legal argument based on cutting-edge science. It could not be better.”
Steven was nodding slightly, “You make it sound like it’s in the bag.”
Ray chuckled, “Perhaps, Steven, perhaps. But remember that I said if we’re able to put on the defense, and that’s a big if.”
Drew, now sitting on the other side of the sofa from Steven, jumped in, “And that brings us to tomorrow’s hearing with the judge. He’s called the meeting in order to get a read on the defense we will be presenting. Just as we expected, the DA wants the judge to make a ruling on the legality of our argument. In other words, he wants the judge to find that as a matter of law, Donald Riche was a human being. If that happens, we’re done for, at least as it relates to this argument.
“I don’t think that’s going to happen, Judge Newman, the judge the case was assigned to, is a former civil rights and plaintiffs’ lawyer fighting big insurance companies. He’s a bit eccentric, but he’s genius smart and pretty fair. He has a reputation as a defense’s judge. Still, we’re asking for him to allow us to present a defense that’s never been presented, and defense judge or not, he’s as concerned with advancement as any judge and will keep us from making our argument if he thinks it’s some kind of a stunt.”
Max jumped in, “Which is why we’re going in loaded for bear. Every single one of the people you saw out there, paralegals, clerks, associates, is researching the science, the law and any relevant precedents, and they’re putting together a file for us with all of it. I think Drew’s right, unless we really screw this up, I think old Judge Newman is going to let us move forward with our defense.”
Steven looked over at Ray, who was nodding his head emphatically as Drew and Max were speaking.
He still wasn’t sure what his role would be in all of it, however. “So what do I do while all of this is happening?”
Drew answered the question, “Well, nothing really. You just sit in the courtroom while we argue our position. Depending on how the judge wants to handle it, we will either be arguing from the defense table or we’ll be back in his chambers. I think he’ll probably want to do it in his chambers, to be honest, more comfortable that way.”
Max agreed, “I agree, the only way he is going to take the bench is if he finds in favor of the DA, and if he does that, well, then it just won’t matter.”
Steven nodded, although he still didn’t understand all of the legal implications. As far as he understood, tomorrow, he and his defense team would find out if they would even be able to get their day in court. As had been the case many times before now, he was momentarily overwhelmed by the enormity of the whole thing. He still couldn’t believe the amount of media coverage it had generated. It was much more than he had ever imagined, but as had also been true many times before, he simply resigned himself to the fact that he was in it now, there was just no going back, not that he would even if he was able to. He had done what he had done for a reason, a reason he believed in then and believed in even more now.
The playing field had changed drastically, however, and simply bringing attention to these creatures, to the science of them, would no longer be enough. Barlow had changed things, and now, rather than being content and feeling he had accomplished what he set out to accomplish, he needed to avoid prison at all costs. Whatever this was, he now knew it went much deeper and much further than Riche. Barlow had said that Steven didn’t understand just how far this went, didn’t know the extent of the power these creatures could wield and that they ‘hunted’ in different ways and different places. What the hell did he mean by that? Steven didn’t know, and he couldn’t get pulled back into trying to find out what he meant. No, he had to win the trial and avoid prison no matter what it took. The problem was that for the first time in his life, Steven Loomis would have to rely completely on others to step up for him and defend him, and he would not be able to do anything to help them. It was a feeling of helplessness and he simply wasn’t used to being helpless.
The four of them spent the next three hours going over what the defense was going to present by way of evidence. It boiled down to the scientific research that Leonard and his colleagues had developed over the past 20 years. They did not need to prove to the judge that there was in fact another species, they simply needed to prove that there might be another species, that there was enough evidence of it to let a jury
decide the matter. If they were able to do that, then the judge would most likely let them present their case and let the jury decide whether a new species did in fact exist. No need to show their hand to the DA if they didn’t have to.
They adjourned at just before eight in the evening, and to Steven’s amazement, everyone he had seen before was still there and they would most likely be there well into the night. Steven made his way home, exhausted from what had been a most unusual day. The media was gone for the most part, although the news trucks and photographers remained in place, just in case there might be a chance to get a good shot or a quick comment. It had been a long time since he had gone to bed in awe of what had transpired during the day. That very morning, he had been headed to his attorneys’ offices when he was sidetracked by Barlow. It seemed like so long ago, but it had only been hours since it happened. Back when he had been in the field with the SEALs, he would go to bed most nights tired from a long day’s work and amazed at the places he had been and the things he had done in just one day. He would get used to it again. He called Beth and chatted with her about the hearing and about his new attorney. Steven liked Ray from the get-go. The man was endearingly sincere about working on the case, and while Drew and Max were sharp and sometimes flashy bundles of energy seemingly juggling 10 things at once, Ray had more of a down-home quality about him. Drew had hit it square on the head when he said that Ray was like the wise old man whose stories everyone always wanted to hear. He was the perfect counterbalance to Max and Drew, and Steven was glad to have him on the team and told Beth as much. She filled him in on the kids. Bethany was missing him terribly, she had always been daddy’s girl. Christopher was still too young to understand everything that was going on, but even at his age he had been asking about Tracy. When Beth explained that Tracy was with the angels, he got quiet and went off to play with his trucks. It had killed Steven to hear about what his kids were going through, but Beth had assured him that they were kids and that they would get over things, probably a lot quicker than either of their parents would. It had made Steven feel better, not necessarily because of what she had said, but because she was strong enough to say it, which meant that she herself was healing. Steven finally said goodbye and went into the kitchen to get a glass of milk and a few Oreos. It was a small indulgence, but it was something he had done almost religiously before everything had happened, and it was a modicum of normalcy.
Chapter 23
The first thing the next morning, Steven headed to the law offices, before the media could get going in earnest. They had agreed to meet at nine, do a final review of all the research the paralegals had put together, and head to the courthouse at 11:00 for a one o’clock hearing with Judge Lester Newman. After discussing it for more than two hours, the team decided it would be Drew who would present the research and lead the defense in the hearing. Ray and Max would jump in if necessary, but they all agreed that it would be more effective for one person to present their position. It was likely that the DA’s office would have two or three people arguing against them, and given what they knew of Judge Newman, it was a strategy that would most likely backfire. They all agreed that Lester Newman was too smart to believe an argument had more merit simply because there were more lawyers presenting it. It had been Judge Ito of OJ Simpson fame who had first sparked that tidbit of legal lore. Many legal scholars believed that the fact that the defense’s case had been presented by the likes of Robert Kardashian, Barry Scheck and Johnny Cochran had influenced the judge and how he allowed the case to proceed. Lester Newman was an old hand and had sat for some of high-profile criminal trials with high-powered attorneys on both sides and had never batted an eye. He was no-nonsense and would slam anyone that he believed was trying to ‘put one over’ on him. All three attorneys had watched him do exactly that more than once, so they all agreed that only one of them should present the research and make their argument.
The key would be to convince the judge that there was enough scientific information about the new species to let a jury decide the matter. One key element that they had going for them was the fact that most judges would be hesitant to disallow a defendant to present the defense he or she wanted to present, especially in a case with serious charges. The American legal system was based on the premise that when one was charged with a crime one was free to present the most vigorous defense possible, as long as it was within the bounds of reason. In this case, the DA was arguing precisely that, that this defense was beyond the bounds of reason and it was up to the defense to convince the judge that there was enough science to establish that, while definitely unorthodox and unprecedented, their defense was within the bounds of reason. With that standard, all three attorneys were fairly comfortable they would be allowed to move forward. Still, one never knew and David Neill, the DA, was a skilled litigator and knew Judge Newman well.
As they were gathering their things to leave for the courthouse, Ray had a thought, “You know, it’s actually a pretty good strategic move on Neill’s part.”
Max looked over from his desk, “What’s that.”
Ray explained, “Yeah, it’s a pretty clever move if you think about it. I don’t think Neill believes that the judge is going to throw out our defense outright, but by asking for a de facto finding, he’s laying the groundwork just in case he loses the case. He can always point to the hearing and claim the defense should not have been allowed to move forward with this defense in the first place.
“More importantly, he’s going to get a peek at the science we have and will know what our general approach will be ahead of time. He’ll be able to prepare with more than just blind speculation.”
Max mulled that over and finally nodded, “I guess you’re right. We were planning on waiving the preliminary hearing precisely so we wouldn’t have to show our hand at all. None of the facts of the case, the who, where and how, are in dispute so there was no need for a prelim. He probably figured that out and decided to ask for this hearing. You’re right, it’s a pretty good strategic move. Well, I don’t think any of us thought Neill was an idiot.”
The four of them picked up their coats and the three attorneys had a small stack of files each. They made it down to the garage where there was a black Suburban with tinted windows waiting for them. As they were leaving the building, Steven was blown away once more, not by the number of reporters and photographers parked in front of the building but by their tenacity. As the Suburban rolled to a stop before turning onto the street, several photographers launched themselves at the windows trying to snap a picture of its occupants. He also saw a number of news vans pull in behind them once they managed to get into traffic. Everyone rode in astonished silence on the way to the courthouse. Even Max and Ray, who’d had more than their fair share of exposure to media coverage, were struck silent by the extent of the coverage this case was generating.
As they approached the courthouse, they could see that there were just as many news trucks there as there had been in front of the office and perhaps even more reporters, if that was possible. As the SUV pulled in front of the building, four large men in suits came close to the door and along with a few police officers pushed the photographers and reporters back from the back door of the vehicle. This was the security detail that Max and Drew had arranged for. They were competent enough, but they were definitely not trained for the type of security that Steven knew they needed.
As he and his defense team made their way up the courthouse steps, with reporters firing questions at anyone who might have an answer for them, he looked around trying to find Cecil and Thurman and the team they had put together. It wasn’t too difficult for him to spot them. Unlike the security team arranged by the attorneys, the people he spotted were facing away from the group rather than facing them. As he scanned the crowd, he spotted first Thurman and then Cecil, both of them inconspicuous in their dress and demeanor, just a couple of curious bystanders. He saw they both had loose windbreakers on and knew that under those jackets we
re automatic weapons, probably fastened to a tactical vest. Although not available to the public, such vests were almost like a uniform for people in the business. Likewise, he saw that every one of the people on his security detail was also likely wearing a vest under their clothing. They were all positioned in areas that a potential threat might come from, and as he neared the entrance to the courthouse he also saw three pairs of binoculars located in three different buildings around the courthouse. It wasn’t anything anyone not looking for it might spot, but he was in the business and it came naturally for him.
Once in the courthouse, the four headed to Newman’s courtroom, which they found locked. A bailiff cracked open the door and when he saw them opened it enough to let them into the courtroom. The media that had been stationed at the entrance to the courthouse, and a few that had already been inside, parked themselves outside of the courtroom, many of them getting ready to go on air with a ‘live update.’ As soon as Drew came into the courtroom, he was greeted by Harryette Asher, Judge Newman’s secretary. As old as Judge Newman looked, Harryette looked like she could be his mother. There were wrinkles on top of wrinkles on her face, but her eyes still had a sparkle in them and she had a sweet manner about her that he had always found endearing. It was this countenance that made it more entertaining when she unloaded on someone who according to her ‘hadn’t come correct.’ This could mean someone talking on a cell phone in the courtroom, not being properly dressed or ‘just plain behaving like an ass.’ Harryette usually unloaded on rookies who happened to walk into her domain unaware. Once you got past that and got in her good graces, she was an incredible ally to have. She could get you an audience with the judge if you needed it or fudge the time stamp on a brief you might have turned in late.
