Frank entered the courtroom at the same time as the sheriff and Dexter Crown, who looked much as Toni had expected. He was wearing dark blue work pants, a white T-shirt and slip-on tennis shoes. This is what all prisoners were issued. He was about six feet tall and had long wavy hair. His arms were muscular and displayed at least six tattoos. Toni noticed that Crown looked almost indifferent to the whole proceeding. He was escorted to Carol’s table and sat down, his hands still handcuffed in front of him. He never even glanced at his attorney, just looked out the window.
Frank came over to the prosecutor’s table and tossed the video down next to her. He was just beginning to sit when the bailiff called, “All rise.”
Judge Martha Haley entered the courtroom with confidence and sat gracefully at the bench. She nodded first to Carol, then looked at Toni. Judge Haley nodded and smiled. She instructed all to be seated and then asked her clerk for the Crown file.
Toni was both excited and nervous. This was her first prelim on her own. She had sat in on dozens, but this was all hers. She tried to calm herself and looked up at the bench. Judge Haley was still looking at the file. Toni was glad her first appearance as a prosecuting attorney was before Judge Haley. Toni admired her greatly.
Martha Haley had been a guest lecturer at the law school on several occasions. Toni was always the last to leave the lectures, often-times engaging the judge in conversation after class. Although they disagreed on a number of issues, Toni was impressed with her sense of justice.
Judge Haley closed the file and looked directly at Toni. Silence.
31
Toni froze. Oh, my God. What was she supposed to do? What was the name of the defendant? Dexter something. Dexter Shoes?
Shoes! What the hell was she thinking about? She could hear her heart thumping. She was going to be sick. Brilliant debut as an attorney, Toni. Maybe she should have stayed with psychology.
Toni glanced down at the table and saw her notes lying neatly before her. It all came back in a flash. Apparently only seconds had passed, but it had seemed like hours.
“Ms. Barston, you may begin.” Judge Haley smiled as if she remembered all too well what it was like the first time she came before a judge by herself.
Toni stood up, thanked Judge Haley and began her statement.
Within fifteen minutes she had stated all the facts in a concise and clear manner. She then called Detective Frank Parker to the stand and questioned him regarding the arrest and the evidence against Crown, including the subsequent confession of Dexter Crown.
She was about to get into details when Carol objected.
“Your Honor, my client was coerced into this so-called ‘confession’ and I move to have it suppressed.” Toni was surprised by the objection. She hadn’t thought Carol was even paying attention. The last time she’d glanced at Carol, she was looking out the window. Toni frowned. This was a preliminary hearing. If Carol wanted to move for suppression of the tape, that would be done later, first as a written motion and then at a hearing. What was she doing?
Toni regained her composure quickly and informed the court that she wasn’t offering the confession into evidence at this time.
And just to put it on record, she told the court that Dexter Crown had been given his Miranda rights twice, signed a waiver and again waived his rights on videotape.
Judge Haley called both attorneys to the bench. “Now, Ms.
Bledsoe, is there something you want to say?” she asked softly.
“Normally this would not be an appropriate time, but I’m a little curious.”
Carol went into a five-minute speech about her defendant’s 32
rights in particular and civil rights in general. Toni’s mind was racing. For a moment she couldn’t remember the names of any cases dealing with Miranda or custody.
Judge Haley just smiled. “I am very impressed with that line of thought, Ms. Bledsoe. In fact, if I’m not mistaken, I made a similar argument many years ago. It was very persuasive, as I recall.” She looked as though she was remembering a very satisfying moment in her life. She looked at Toni and her face once again became that of a judge. “Ms. Barston, any response?” Toni paused for a moment and then gave a brief recap, including the reading of Miranda rights. She also pointed out that Carol hadn’t filed any written motions. Toni did, however, summarize all relevant case law on the subject. She wasn’t sure how she did it, but the argument was effective.
Judge Haley turned to Carol. “Ms. Bledsoe, although in princi-ple I believe in your theory, in this case it has no bearing. Your client has signed a waiver and I believe he reiterated that waiver on videotape. The confession will probably be admitted at the proper time. Since this is merely a preliminary hearing, Ms. Bledsoe, you may want to consider further research and submit a memo before trial, if there is one. Unless, of course, you merely wanted to rattle the new prosecuting attorney. As you may have guessed, I’m holding this defendant over for trial. Now please step back and let us resume.”
Both Toni and Carol returned to their tables. On cross-examination, Carol asked Frank only a few questions. There were no other witnesses. Judge Haley nodded to signal the end of testi-mony and then stated again that Dexter Crown would be held over for trial. Carol then rose from her chair and requested bond at $50,000, a ridiculously low figure. Judge Haley looked to Toni and raised her eyebrows.
“Your Honor, the State recommends no bond. Mr. Crown is charged with the mutilation and murder of three women. He has no known address and is a risk for flight. The State respectfully requests that he be held in the Metro jail pending trial.” 33
Judge Haley nodded and jotted down some notes. Moments later she denied bail, dismissed court and disappeared into her chambers. The whole ordeal had taken less than 30 minutes.
Frank got up, spoke briefly to the sheriff, and left. He never even looked at Toni. Dexter Crown was then escorted from the courtroom.
Carol was chewing something as she addressed Toni. “We’ll probably be talking to each other on Friday afternoon, or maybe next Monday. Once you guys get your recommendations on paper, give me a call.” With that said, she gathered her huge briefcase and flew out of the courtroom.
Toni compiled her notes and began filling her own briefcase.
All in all it went pretty well, she thought. She felt a sense of purpose in doing a good job, especially if it meant keeping a guy like Crown off the streets. Her smile turned into a big grin.
Boggs slipped out of the back of the courtroom. She hadn’t been able to resist the urge to sit in on this prelim. Although she was pretty certain of the outcome, and would have normally never even considered sitting in on this, she just had to see Toni in action.
She smiled to herself as she made her way back to her office.
Toni had been a bit nervous at first, but she did well. Big Carol had done her best at throwing Toni off the track, but she didn’t take the bait. Sam was right. Toni was going to make a good attorney.
Boggs had just sat down at her desk when Sam appeared. With a can of Diet Coke clutched in his hand, he plopped down in the adjacent chair. “I guess lunch is on me today. Who would have thought the Chiefs would pull it off with only twelve seconds left?” She laughed. “It’s about time. It’s been so long since I’ve gotten to pick the restaurant that I’ve forgotten how. Let’s see, how about Greek? Yes, that sounds splendid.”
“Ah, come on, Boggs.” He groaned. “You know I can’t stand that stuff. At least I always pick somewhere that has edible food.”
“Just kidding, Sam. How about that little Italian deli on Fifth?” They agreed.
34
“Now that that’s settled,” Sam said, “let’s get down to business.” As head investigator, it was his job to make sure the other investigators had a fairly even caseload, as well as supervision. “When are you going to get together with Toni?” he asked.
Boggs was momentarily taken aback. What the hell was he talking about? Did he know something she didn’t? Sam
had spent time with Toni while Boggs was on vacation. She hoped he hadn’t told the new lawyer about her personal life.
“Hello? Boggs? Earth to Boggs.” Sam was looking at her with questioning eyes. “Did you hear me? When are you going to go over your cases with Toni?”
“Oh,” she said. Of course. What had she been thinking? She was assigned as Toni’s investigator.
“Come on, Boggs, show a little enthusiasm.” Sam laughed.
“Toni is a good kid. Give her as much help as you can. She doesn’t know the ropes yet. I know you hate to hang around the office, but how about sticking close for a week? Give her some insight. It’ll make your job easier in the long run. Let Davis do some of your running around.”
“Sure. No problem. I can handle that for a week.” She tried to sound nonchalant. This would be great. A week to get to know Toni.
“Thanks. See you at lunch.” Sam started to leave, but turned back toward her. “Don’t forget to mark your calendar for a week from Saturday. It’s our annual Halloween party. This year Betty and I are going to outdo ourselves.” He was beaming. He and Betty dearly loved Halloween and went all out every year. Boggs always had a great time at their parties.
“Great!” she said. “Maybe this year I’ll win the prize for best costume.” Both of them laughed. For the past four years, Boggs had come to the Halloween party dressed as a 1940s detective, complete with hat and trenchcoat. Sam had given her hell for her lack of imagination, so last year she had added a special touch, sticking a huge piece of chewed gum on her shoe. Gumshoe.
35
Toni was standing at the soda machine in the hall when she heard Sam laughing. He was still chuckling when he reached her side.
“Good morning, counselor,” he said as a new can of Diet Coke tumbled out of the machine. “How did things go this morning?” Toni smiled. “It went great, Sam. Thanks. Hey, what has you laughing on a Monday morning?”
“Just chatting with Boggs,” he said as he gulped his drink.
Toni immediately caught herself looking over Sam’s shoulder toward the investigator’s office. Was Boggs in there? She had heard that Boggs spent most of her time working outside the office. Toni refocused on Sam as he began talking again.
“Listen, Betty and I have a Halloween party every year. We just love Halloween, you know. But this year it falls on a Monday and that’s no good for a party. So, we’re having it two days early, a week from Saturday, and we would love for you to come. Just a bunch of fun people, no stuffed shirts, no politics. The food is great. It’s a lot of fun. Whaddya say?”
Although Toni usually made it a point not to socialize with people she worked with, Sam was different. He had really made her first weeks at the office comfortable.
“Sure, Sam. It sounds great. Is there anything I can bring?” she asked.
“Not a thing. Just bring yourself. Oh, if there’s someone you want to bring, that’s okay too. We start the festivities at about seven thirty. I’ll give you a map later this week. See you later.” Sam began walking toward his office and called over his shoulder, “By the way, it’s a costume party.”
Toni headed to her office. She had less than two weeks to think of a costume. This would be fun. She remembered her decision to get a life. Although this wasn’t what she’d had in mind at the time, at least it was a start.
She sat at her desk and looked at the huge stack of files. She had quickly learned that the majority of a prosecutor’s time was spent with files, not in a courtroom. There were requests for discovery 36
to be answered, petitions to be filed, witness statements to be deci-phered and an occasional brief to write. She also fielded numerous phone calls from victims, the public defenders, private attorneys and now and then angry family members of someone who’d been charged with a crime. Sometimes the day went by so quickly that she would realize it was almost time to go home and she hadn’t even stopped for lunch. Today was no different.
At 4:30 the phone rang. It was Boggs. “I was wondering if we could set up a time to go over your cases?” At the sound of Boggs’s voice, Toni had a vivid recollection of her dream several nights ago. Her face became flushed and her heart began to race.
“Toni? You there?”
What? Oh, God. What did she just say? Toni shook that image of Boggs from her mind and stammered, “I’m sorry, Boggs. What did you say? I was just finishing writing a brief and I guess, um, I was pretty absorbed in my argument.” She tried to sound professional but feared that she failed miserably.
“I just wanted to set up a time to go over your cases,” Boggs repeated.
Toni looked at her datebook. Aside from a few staff meetings and a couple of interviews with victims, there was nothing scheduled for the rest of the week. She didn’t want to sound too eager, even though she wanted to scream, “Now!” She even fantasized about asking Boggs to meet outside the office, maybe even at her apartment. Not very professional, she reprimanded herself. She cleared her throat and spoke calmly into the phone. “Well, my schedule is pretty light this week. Any suggestions?” Excellent.
Now the ball was in her court.
“Well,” Boggs answered after a pause, “we’ll probably need a couple hours at least, so today is out. How about tomorrow afternoon? Let’s say three?”
“That would be fine,” Toni said in a voice she barely recognized. “I’ll see you then.” Boggs agreed and they hung up.
Toni leaned back in her chair and stared at the receiver in her 37
hand. Damn. She had sounded like a snotty, arrogant woman.
What a great impression she just made! She replaced the receiver, shook her head and tried to console herself. Heck. She had been caught off guard, that’s all. Things would go much smoother tomorrow. She had an entire night to put her hormones in check.
Anyway, they would be talking about cases and her work always held her full attention. Tomorrow would be no problem. Satisfied that would be the case, Toni began to close up shop for the day.
Boggs hung up the phone and sighed. Toni was very professional. There was no hint of interest. Oh, well. Maybe the meeting tomorrow would be shorter than she hoped. Still, Toni seemed like the kind of person she would like to have for a friend. She cleared her desk and headed for home.
38
CHAPTER 6
Toni woke up a full hour before her alarm buzzed and hadn’t been able to go back to sleep. She tried on four outfits and drank five cups of coffee before her alarm actually went off. Mr. Rupert seemed puzzled when he stretched and opened his eyes. Toni was fully dressed. He meowed once, for good measure, and ambled down to his bowl. Toni followed him. He was just about to make his morning “Feed me now” meow when he saw that his dish was full.
She laughed. “Well, good morning, Mr. Rupert. I see you slept in this morning. Breakfast has already been served.” Mr. Rupert cocked his head, then dove into the bowl.
Toni arrived at her office, early as usual. She felt more nervous today than she had yesterday. The image of Boggs would not leave her mind. Oh, sure, she was able to put it aside for an hour or two, but it would not go away completely. All she had to do was close her eyes and her dream would reappear.
39
They were in her apartment. Toni was wearing jeans, boots and a white button-down blouse. Boggs was wearing jeans, a yellow blouse and an ivory cardigan sweater. Toni could feel the electricity in the air. Boggs was talking, but Toni couldn’t hear the words.
Both were standing, and Boggs began to come slowly toward her.
Nervous and excited, Toni felt herself take one step backward.
The ringing of the phone made her jump. Oh, my God. She shook her head. Boy, was that real or what?
The phone rang again and Toni managed to answer in a calm voice.
“Hi, Toni. Jake here. How’s life in the great criminal justice system?” He laughed.
“Oh, jeez, Jake. It’s you.” She let out a long sigh.
“Well, that’s a warm welcome! Expect
ing Janet Reno to finally return your call?” Jake was laughing, then he stopped and said seriously, “Hey, Toni, are you okay?”
“Sorry, Jake. Caught me off guard. I’m a mess, really. It’s a long story, but nothing serious. I’ve just been dateless for too long.
When you called . . . well, let’s just say you brought me back to earth.”
“Ahh. Fantasizing while sitting at your desk, huh? Anyone in particular?”
“Jake!” she cried. “Can we change the subject? Now, what’s up?”
“Just the best news ever.” He was obviously very excited and just about bursting. “My sweetie is being transferred here. Can you believe it? After almost two years of long-distance romance, we will finally be together. Isn’t that marvelous?”
“Oh, Jake,” Toni said. “I am so happy for you both. You two make such a sweet couple. When’s the big move?”
“In two months. It’s going to seem like forever. Anyway, how about celebrating with me tonight? My treat. The usual?”
“Sounds wonderful. I should be out of here by five or so.”
“Perfect. I’ll pick up the food and wine, and I’ll be at your place around six thirty. That’ll give us plenty of time to eat, drink, celebrate and talk about the new lust in your life. See you tonight.” 40
Toni laughed and hung up the phone. She and Jake had a long-standing ritual. It began years ago when Toni got her first “real” job as a psychotherapist. She had called Jake and they decided to go out to dinner. Later that day, Jake sprained his ankle and had to stay home with his foot propped up on a pillow. Toni arrived that evening with take-out Chinese and a bottle of wine. Although this was a far cry from what they had planned, they had a wonderful time. They talked for hours. At the end of the night they decided that whenever one of them had something to celebrate, he or she would bring Chinese and wine to the other’s house.
The rest of the day passed quickly. She was talking on the phone to one of the attorneys in the public defender’s office when Boggs appeared at her door. Toni’s heart involuntarily skipped a beat. She waved her in, motioned to the only chair in her office and continued her conversation, thankful that she would have a couple minutes to compose herself. While still listening on the phone, Toni reminded herself to keep her emotions in check. Not an easy task with this incredible woman a mere three feet away.
Anticipation Page 4
