Presumption of Innocence db-1

by Stephen Penner

  "A fifteen-year-old girl," Yamata shot back, "who knocked on Emily Montgomery's door knowing what that twenty-year-old man was gonna do to her? Who staked out the place and waited for her parents to leave? Who made the entire damn thing possible? Who didn't come forward until she was arrested and even then hesitated to tell the truth? Yeah, she deserves to die in prison. She deserves worse."

  Edwards' face was turning red. But before she could respond, Yamata finished with, "Tell me what Emily Montgomery deserved?"

  Edwards glared at Brunelle, who just offered a pained smile and a shrug.

  "You just lost any chance at a deal, Dave," Edwards hissed. "See you at the transfer hearing."

  Edwards stormed out of the conference room, slamming the door behind her.

  "What a bitch," Yamata growled.

  Brunelle shook his head. "Naw, Jessica's all right. She's just a true believer."

  Yamata cocked her head. "A what?"

  "Jess thinks everybody is basically good and sometimes people make mistakes. She thinks cops lie and prosecutors only care about winning. Every one of her clients is being treated unfairly and it's her job to protect them from the powerful government that's trying to put them away for something they didn't really do."

  Yamata's jaw dropped. "Does she really believe that?"

  "I think so," Brunelle nodded. "Being a criminal defense attorney is a tough job. Defending people who've committed crimes takes a special mindset. A lot of people can't look themselves in the mirror. It's worse if you’re a public defender. If you're a private attorney and some psychopath comes into your office, you can always say no. But Edwards gets a file on her desk and she has to represent that psychopath. And worse yet, the psychopath thinks she sucks because she's a 'public pretender,' even though she's probably tried twice as many cases as your typical private defense attorney."

  Brunelle smiled as Yamata processed the information.

  "Just don't bring up the victim," Brunelle smiled. "She hates being reminded there's a victim."

  "But that's the whole point of criminal law," Yamata argued, "to vindicate the victim."

  "Maybe," Brunelle shrugged. "But you have to know when to bring it up with her. It tends to piss her off."

  Yamata crossed her arms. "I can see that."

  "So bring it up just before her closing argument," Brunelle winked. "Totally fucks with her."

  Yamata laughed out loud. "Oh, Mr. Brunelle, I like that."

  Brunelle smirked. "I thought you might. And remember, it's Dave."

  "Right. Dave." She saluted and offered a fabulous smile. "Don't want you to feel old when you're around me."

  Brunelle wasn't sure what to say, so he changed the subject. "Come on, let's go get yelled at by the parents."

  ***

  "What just happened?" Mr. Montgomery demanded as soon as they stepped into the hallway.

  "Change in plans," Brunelle smiled. "But nothing we can't deal with."

  "I thought you said you needed her?" Mrs. Montgomery pointed out.

  "I did," Brunelle conceded, "but part of my job-part of our job," he gestured to Yamata, "is to be prepared for any contingency and move forward with the prosecution."

  "Can you do that?" Mr. Montgomery questioned.

  "Definitely," Brunelle asserted, although he wasn't really sure how. Then he realized something. "Although not the rape of a child count. That will have to be dismissed without Holly's testimony."

  Mr. Montgomery shrugged. "Well, it hardly matters if he gets a death sentence. The jury will still hear about the sick pervert, right?"

  Brunelle shook his head. "I'm afraid not. Too prejudicial."

  "But it's the truth," Mrs. Montgomery protested.

  "I wish this were about the truth," Yamata said, "but it's about evidence. If we get too close to the child rape allegation, it could result in a mistrial."

  "Followed by a motion to dismiss," Brunelle agreed, "for governmental misconduct. We'll paint the picture. The jury should be able to connect the dots."

  Mr. Montgomery looked at his wife, then back at the attorneys. "Well, I don't really give a damn right now about what happened to Holly What's-her-name. I care what happened to Emily. You're sure the murder prosecution can go forward without her?"

  "I'm sure," Brunelle lied.

  "Then that's good enough for us," Mr. Montgomery announced.

  "I do have a question," Mrs. Montgomery said. "Do you know why she changed her mind?"

  "I don't know," Brunelle answered, "but I have a guess."

  "What's your guess?"

  "Karpati."

  Chapter 13

  Brunelle and Yamata retreated to Brunelle's office to regroup.

  "Now what?" Yamata asked, dropping her athletic frame into one of his guest chairs.

  Brunelle picked up the phone. "Now we order Holly's jail calls. Somebody got to her."

  "How can you be so sure?"

  "Because this is suicide," Brunelle answered as he punched the extension for the jail communications officer. "She gave a full confession to a heinous murder. No way she doesn’t get convicted. And no way she doesn't get life. It's mandatory."

  "Any chance she doesn't get transferred to adult court," Yamata asked, "since the penalty is so severe?"

  Brunelle frowned. That was a good point. Luckily the jail officer picked up. "Yeah, this is Dave Brunelle from the prosecutor's office. I need to order some jail recordings."

  When Brunelle hung up, he had ordered all calls coming into Holly's dorm and all calls going out of Karpati's holding tank. They were supposed to have individual caller identification codes, but inmates were always using somebody else's code to try to be sneaky. It still amazed Brunelle how freely people would talk even after hearing the automated 'This call will be recorded' warning.

  "It'll take them a couple days to get us the recordings," Brunelle informed his co-counsel, "but we should have them before the transfer hearing."

  "What about tomorrow's bail hearing?" Yamata asked. "We won't be able to tell the judge that Holly's on board to testify."

  Brunelle smiled. "Then I hope you do a good job arguing that brief you wrote."

  Yamata slumped back in her chair. "Great."

  Brunelle's phone rang and he picked it up without even looking at the caller I.D. "Prosecutor's office. Dave Brunelle."

  "Hello, prosecutor's-office-Dave-Brunelle," sang the voice on the phone. "This is medical-examiner's-office-Kat-Anderson. Can you talk?"

  Brunelle smiled. "For you? Of course."

  Yamata leaned forward. "Do you want me to leave?" she whispered.

  Brunelle shook his head. He figured it was business. He was wrong.

  "So about Friday night," Kat went on, "I have an idea."

  Brunelle drew a blank, still in work mode. "Friday night?"

  "My daughter's recital, remember?"

  "Ah yes. Right. Recital." Brunelle laughed. "I was trying to forget the pain from you turning down my asking you out for that night."

  Yamata stood up. "I'm gonna go now," she whispered again.

  This time Brunelle nodded. "I'll stop by later," he whispered over the covered-up telephone receiver. "We can figure out how to tackle tomorrow."

  "Is this a bad time?" Kat asked.

  "Hmm? Oh, no. Never a bad time for you, ma'am."

  "Ma'am?" Kat laughed. "You're way older than me."

  Brunelle frowned. "I am not way older than you."

  "I didn't say too old," Kat purred.

  Brunelle could feel himself blush a little, and was glad Yamata had excused herself.

  "So I have a solution," Kat went on.

  "To what?" Brunelle wondered if she was back talking about the case.

  "To you being crushed by my remorseless rejection of you."

  "Great," Brunelle chuckled. "I'm all for not being remorselessly rejected."

  "Good," said Kat. "The recital starts at seven. Meet me in the lobby at quarter till."

  "Uhhh," Brunelle stammered.
"Recital? Your daughter's ballet recital?"

  "No, my dog's violin recital," Kat huffed. "Of course. It's at the Roosevelt High School performing arts center on sixty-fifth. I have to drop her off by six-thirty, so I'll meet you in the lobby at six-forty-five."

  Brunelle hesitated, then was smart enough to say, "Uh, okay. Sounds great. Uh, what should I wear?"

  "Just come straight from work," Kat said. "Wear your suit. Lizzy will be impressed."

  "Your daughter?"

  "You are on top of it today, David," Kat teased. "Yes. And if she likes you, maybe you can get ice cream with us afterwards."

  "Ballet and ice cream," Brunelle repeated. "Two of my favorite things."

  Kat laughed. "You are so full of it."

  Brunelle laughed too. "Well, I like ice cream."

  Chapter 14

  "I understand you were unable to secure the cooperation of Miss Sandholm." Welles' smirk to his seated and handcuffed client confirmed for Brunelle that Karpati was responsible for convincing the girl not to turn State's evidence.

  Brunelle smiled. "I just wanted your guy to have some company during the trial."

  "I can't imagine you could try them together," Welles replied, "since you've charged him with raping her."

  "Imagine me dumping that charge," Brunelle replied just as Judge Quinn took the bench,

  "All rise!"

  Judge Quinn instructed everyone to be seated and asked whether the parties were ready for the bail hearing.

  "Absolutely, Your Honor," gushed Welles.

  Brunelle didn't say anything. He looked to Yamata seated next to him. She didn't say anything either, so he nudged her.

  "Uh, y- yes, Your Honor," Yamata stood up. "The State is ready."

  Judge Quinn raised her eyebrow. "Will you be arguing this, Miss…?"

  "Yamata. Michelle Yamata. And yes, I wrote the brief, and I'll be arguing it."

  Brunelle heard Welles chuckle and saw him whisper something to his client. Karpati smiled as he leered at Yamata.

  "Very well," Judge Quinn said. "Let's start with the State then. Tell me what you want me to do, and why I should do it."

  "May I interrupt?" Wells shot to his feet. "I believe there is some additional information of which the court ought to be informed before the State begins its argument."

  Yamata scowled at him, but waited for the judge to say who could speak.

  "What is it, Mr. Welles?"

  "As you undoubtedly recall, Your Honor," Welles rolled a hand for emphasis, "the State placed great reliance on their ability to persuade a young lady, whom they have charged with this murder, to agree to testify against my client. It is my understanding that this girl has declined offers to so testify, and therefore the representations made at the previous hearing by Mr. Brunelle were demonstrably false. I would ask the court not only to refuse to hear any motion for reconsideration of bail, but further to sanction Mr. Brunelle and the prosecutor's office for misleading the tribunal and wasting my time. My fees and costs for being here today total over one thousand dollars. That is the minimum the court should impose on the prosecution. Thank you."

  Yamata's eyes bulged wide and she looked down at Brunelle, who was still seated at counsel table. Brunelle let out an irritated exhale and stood up. "May I be heard on this, Your Honor?"

  "Of course, Mr. Brunelle," the judge replied. "But first, tell me this: Is that girl going to testify or not?"

  "Not," he answered.

  "We repeat our motion for sanctions, Your Honor," Welles piped in.

  "Be quiet, Mr. Welles," said Judge Quinn calmly. Then, turning back to Brunelle, "Why did you tell me that she would testify against Mr. Karpati?"

  "Because I honestly thought that she would," Brunelle answered. "In fact we had a plea hearing set yesterday and everyone, including her lawyer, expected her to accept the State's offer. However, at the last moment, she refused to plead guilty."

  Judge Quinn nodded. "Do you know why she changed her mind."

  Brunelle surrendered a sardonic smile. "Not yet, Your Honor." He glanced at Karpati. "But we're looking into it."

  Welles jumped out of his chair. "This is outrageous, Your Honor! First, Mr. Brunelle intentionally lied to the court. Now, he casts aspersions against my client and myself! I have never-"

  "You can stop now, Mr. Welles," Judge Quinn interrupted. "He told me he had a good faith belief the girl would testify. I don't think Mr. Brunelle was lying. He ended up being mistaken, but that happens a lot in this line of work."

  She turned back to Brunelle. "So should we just strike this hearing then, since you won't be able to show clear evidence of the crime to justify a no bail hold?"

  "No, Your Honor," Yamata answered. "The hearing should go forward."

  Judge Quinn looked back at Brunelle's junior partner. "And why is that, Miss…?"

  "Yamata," she said with only a hint of irritation at having to say it again so soon. "And the reason why is that Mr. Welles' legal argument to the court was mistaken at best, misleading at worse, and in any event incorrect."

  Welles turned red in the face. Brunelle-and Judge Quinn- suppressed a smile. Yamata kept her poker face, staring straight at the judge.

  "I have filed a brief explaining all that, Your Honor," Yamata continued. "We did not receive any response brief from Mr. Welles."

  Brunelle looked over and saw Karpati's eyebrows knit together as his mouth curled into a scowl. He could see why Holly might be afraid of him. He smacked Welles' arm and the defense attorney leaned down for Karpati to whisper something in his ear. The two exchanged heated whispers for a few moments. Then Welles stood up straight again. "My client has instructed me to file a response brief. I did not think it necessary given the misdeeds of the prosecution."

  "Our brief was served on them in a timely fashion," Yamata protested. "We're ready to argue this today."

  Judge Quinn raised her hand. "Counsel, counsel. Let's all step back from the precipice."

  She turned to Welles. "How much time do you need, counsel?"

  "One week, Your Honor. No more."

  "Ms Yamata, will the State be ready to argue the motion in one week?"

  "We're ready to argue it now."

  Judge Quinn smiled, but Brunelle could see her patience was wearing thin. "So we'll be ready in a week as well, Your Honor," he interjected.

  Judge Quinn smiled. "All right then. Here is what we're going to do. We will reschedule the bail hearing for one week from today. We will also schedule a pre-trial conference to discuss any other matters that might need to be discussed."

  "May I suggest a continuance motion as well, Your Honor?" Brunelle spoke up. "I can speak with counsel in the meantime about possible dates for trial. I'm thinking probably the spring, Mr. Welles?"

  Welles didn't look back at Brunelle. "We will object to any continuance. We demand a speedy trial."

  The speedy trial rule in Washington required the trial to start within ninety days of the arraignment, unless the defendant was in custody, in which case it had to start within sixty days. They'd already lost seven days on the bail issue. Murder cases were always continued out past the sixty-day deadline upon agreement of the parties. Hell, joy riding cases were routinely continued out past the sixty-day rule.

  Judge Quinn raised an eyebrow. "You're going to be ready to start a capital murder case in fifty-three days, Mr. Welles?"

  "I will Your Honor."

  Brunelle was getting tired of Welles' bravado.

  "At least I will be more prepared than the State," Welles went on. "I see defense attorneys routinely agree to continuances so that the State can get it's DNA results back from the lab, or something equally damaging to the accused. I will not agree to give the State more time to manufacture evidence against my wholly innocent client."

  Brunelle had to smile. The man had a point. He never did understand why defense attorneys would give him more time. Well, he did understand. They weren't ready either. But it was more than that. They weren't asshol
es like Welles.

  "Fine, Your Honor," Brunelle addressed the court. "The State can be ready within the speedy trial expiration. But I would ask that the court make a finding that the defense has answered ready for trial. I don't think they should be allowed to challenge us to be ready, and then when we are ready, they ask for a continuance and claim to need more time to prepare."

  Quinn looked back at Welles. "The man has a point. You want a speedy trial, I'll give you a speedy trial. But I'm not going to let you out of it, if turns out you guessed wrong and they really can get ready that fast."

  Welles smiled, but Brunelle could see the worry hidden in the corners of his mouth. "We'll be ready, Your Honor. And my client will be acquitted."

  Judge Quinn wisely didn't comment. Instead, she announced the schedule. "Trial will be scheduled for six weeks from today. We will have a status conference two weeks before trial. In one week from today we will have a preliminary pre-trial conference. In addition we will have a bail hearing. In the meantime, I am changing Mr. Karpati's conditions of release to a no bail hold."

  "What?" Welles shouted. "We haven't had the bail hearing!"

  "You're correct, Mr. Welles," the judge responded, "because you weren't ready. But I've read Ms. Yamata's brief and I think she's probably right. I'm not going to give your client a chance to post bail while we wait for a full hearing. No bail hold. Court is adjourned."

  Judge Quinn stood up and retreated to her chambers.

  Brunelle was going to say something smarmy to Welles, but Karpati was already grabbing at Welles' shirt sleeve.

  Yamata stepped next to Brunelle and purred, "Told ya my briefs were exquisite."

  Chapter 15

  The recital was at seven. Brunelle was supposed to be there at six forty-five. It was maybe twenty minutes from his office. But he didn't really feel like working past six that night. In fact, he didn't feel like working past five.

  So he decided to take the long way to the high school. Actually, the totally opposite way, then double back. If he was going to try to convict Karpati without Holly, he was going to need to find someone else. There may not have been anyone else with the two of them that night, but people talk. And anything you say can and will be used against you. People think that just applies to things you say to the cops. Brunelle knew better. He hoped Karpati didn't.