by Неизвестный
She had been on the Superior Court Bench in San Diego for slightly over 10 years. She was raised locally in the home of two well-respected San Diego professionals and the mother, father and family whom she dearly loved, all lived in San Diego. She was a former deputy District Attorney. She was a 44 year old mother of fraternal twin teenagers, a boy and a girl.
In her early legal career, she was one of a group of bright, fast track young prosecutors. After only 10 years in the practice, she was appointed to the bench by the then Democratic Governor. She was thus perceived to be bringing a slightly liberal bent to the bench in light of that appointment source and the strong social consciousness views of her parents.
Somewhat contrary to that perception, however, those who knew her personally realized that notwithstanding the liberal family in which she was raised, her views had moved dramatically to the right, matching her husband’s conservative Orange County upbringing.
This dynamic caused great fun at the family dinner table when all managed to gather.
Her judicial demeanor was an interesting mix. She had not lost her compassion for people but believed you at least needed to work for what you were provided. From a criminal law standpoint, she was clearly of the view that “if you did the crime, you do the time.”
Her excellent legal training as a younger lawyer taught her habits that basically said, “take the time to do it right in the first place.” She carried those traits to the bench, requiring that lawyers come prepared to her courtroom or they were likely to catch a stream of lecturing or worse–the cold shoulder. The cold shoulder was the worst because lawyers like to keep their paranoia in check by feeling that the judge in the case likes them or at least respects them or is at least interested in what they have to say.
Whether you were a new or experienced attorney, if you did your job, you got her respect. Most importantly to trial lawyers who appeared before her, she was not overly enamored with the sound of her own voice and allowed the lawyers to “try their own case” as it was referred to, meaning minimal interference from the bench. That was not the case with all judges.
Her twins, the love of her and her husband’s lives, were in their freshman year at UCLA which was just far enough away from home but at the same time not too far for them to come home for the holidays or for Ronnie and her husband to take a quick jaunt up the coast to visit them.
Ronnie and her husband did fine as empty nesters. They enjoyed food and wine together at the end of their busy days. From Ronnie’s standpoint, the pace of a Superior Court judge suited her well at this point in her life.
Although both she and her husband had dedicated their lives to the law, they did not push their profession on the twins and no one seemed absolutely certain what direction they would take in life. However, they were both savvy and well grounded and that gave Ronnie and her husband a sense of great comfort.
Tuesday, September 25
Courtroom of Judge Rhonda Goodman, 10 a.m.
Although there was clearly more than the one McDermott matter on the calendar, it was a relatively quiet morning inside Judge Goodman’s courtroom. A group of misdemeanor matters and minor felonies were the first to be called on the calendar. The cage, as it was referred to, where prisoners were held pending their matter being called, had three or four people in it when Buck arrived. Eddie was not there yet.
On arriving at the courthouse from wherever incarcerated, the prisoners either came through an underground tunnel if they were being held in the adjacent jail, or they were bussed in if they were housed in one of the outlying prison locations.
Buck noticed Kyra enter the courtroom and work her way over to the jury box, finding a seat until their matter was called. Buck was not aware of whether she had any other assigned matters on the calendar that day other than McDermott.
Several waiting prisoners were arraigned. A few minutes later, McDermott was whisked into the cage and was now the only prisoner in the holding area. The bailiff then called, “People vs. Edward Allen McDermott.” The courtroom stirred and Buck recognized the criminal courts’ reporter from the San Diego Union-Tribune. He did not particularly recognize any other members of the press but it wasn’t unusual for the Los Angeles Times to have a regional beat reporter in the courtroom. Sometimes the Los Angeles Daily Journal, the daily legal newspaper of Los Angeles, would send reporters to watch the courts. Ordinarily, no cameras were allowed in Judge Goodman’s courtroom so the onslaught, if any, would occur outside.
Kyra and Buck approached their respective counsel tables on each side of the central podium. Eddie was required to stay in the cage, but the acoustics were such that he could clearly hear all of the proceedings. Eddie had been advised by Buck that he did not need to say or do anything–just stand there and look respectful.
When Judge Goodman completed the appearances of counsel identifying their representation, she asked Kyra to proceed. Buck received an email from Kyra earlier that morning stating what charges the DA was bringing against Eddie for his involvement in the death of Javier Molina.
Kyra meticulously and professionally laid out the charges. “Your Honor, the People charge Edward Allen McDermott with 1st Degree Manslaughter in the death of Javier Molina.”
“In addition, the People charge Mr. McDermott with 2nd degree murder, felony assault and battery, laying in wait and related lesser charges, all being perpetrated during or in the commission of a hate crime.”
Therefore under California law, this amounted to the equivalent of 1st degree murder with the seeking of the death penalty as an option of the state.
“Your Honor, although the defendant is 17 years of age, the People will charge him as an adult.
Eddie at age 17, although not the legal age of 18, could still, at the option of the DA, be prosecuted as an adult. Buck might later challenge that issue but this was not the time.
The possibilities for release on bail were slim and none. However, Buck intended to make the obligatory appeal for release of his client. Buck looked around to see if Eddie’s parents were present in the court room. He had asked Eddie’s parents to be there so he could introduce them to the court and demonstrate that Eddie had the full support of his family. Maybe, just maybe, the court would exhibit sympathy and release him on bail. Unfortunately, Eddie’s mother showed up alone.
As part of his motion for bail he introduced Eddie’s sobbing mother to the court, editorializing a bit to advise the court that Eddie’s father was a hard-working member of the community with a significant job and that he had to be working at this time to keep his family going. Buck never even got a chance to tell the court where Mr. McDermott worked. It probably would have weighed against his argument anyway in light of Mr. McDermott’s job at the casino. Rather, Judge Goodman interrupted Buck’s bail argument with a sarcastic stare that said, “Seriously?” and then stated simply, “Motion for Release and Bail will be denied.”
Judge Goodman next reeled off several dates that would generally control the proceeding of this case. She further gave the standard reminder to Kyra O’Neill about the government’s obligation as to “discovery” (the
requirement the DA share with the defense all that it has learned that
might be considered exculpatory as to McDermott and whether or not
he had committed the crime or crimes charged).
Judge Goodman went on to discuss two other matters related to the case. First of all she acknowledged that two other individuals were in custody and could be charged with participation in the crime resulting in the death of Javier Molina.
“Your Honor, on behalf of Mr. McDermott, we request a separate trial from any prosecution of the alleged co-perpetrators.
No opposition was raised by Kyra.
“So Ordered.”
Then, Judge Goodman indicated that the potentially volatile
public reaction to any type of “hate crime,” let alone one resulting in a death, meant that there would be a “gag order” in place. This order amounte
d to prohibiting either the prosecution or the defense from discussing the case with the media. This did not necessarily foreclose the lifting or modification of such order at a later date and even the potential for televising the trial. But this would be a matter for later discussion and both counsel knew that, in the interim, Judge Goodman meant what she said as to the gag order.
Judge Goodman stood up, “Let’s take a 10 minute recess before we call the next case.”
The judge stepped down from the bench and left the courtroom. Eddie was removed from the enclosure after Buck whispered to him that he would be over to the jail to see him later that afternoon.
After the courtroom had cleared, Buck and Kyra stepped over to the side of the courtroom to talk. Kyra confirmed that she would forward all discovery that her office had obtained. She would do so by the end of the following day. Some prosecutors had the reputation of playing the game of “hide the ball,” making defense counsel work to eke out every bit of information. Buck knew this would not be the case with Kyra.
Which role Kyra would play on the case would not be known for some time, but she told Buck that she was relatively certain she would at least be “second chair” on the case and would, therefore, be handling their day-to-day interaction on the case. Even if a higher up “heavy hitter” from the DA’s office was brought in as lead trial counsel for the prosecution, Buck never felt that he was dealing with a lower being when Kyra was on the case. She was good and would be relied upon heavily by whomever may come on as lead trial counsel.
Friday, September 28
Kyra’s ONeill’s Office, 5:30 p.m.
There was a knock on Kyra’s office door. It was none other than her seemingly perennial suitor, Kevin Beaman. Kevin was 32 years old, about 6ft 1in in height with sandy blond hair. He was well spoken and a “potential keeper” any mother of a daughter would likely welcome. He was an assistant DA in the Civil Division and forever in love with Kyra. Unfortunately for Kevin, Kyra’s feelings were not mutual. It was not that Kyra disliked Kevin. To the contrary, she enjoyed his company but she was simply not enamored with him. She did not mind going out on “dates” with him but she always struggled with making sure he did not get the wrong message as to her level of interest or, more accurately, disinterest in a more serious relationship.
Kyra had an ability to be buddies with a guy without more. This state of mind was born in part because of her workload and desire to be the best she could be within the DA’s office and in pursuit of her career. It was also a result of a couple of misfires with guys she had met and become involved with. Luckily for Kyra, she saw the handwriting on the wall in those relationships before the involvement went too far.
Kevin spoke up, “How about getting a bite to eat and hang out?”
Kyra’s first reaction was to politely say, “No thanks.” This was not because of her feelings about Kevin. She was simply feeling a bit overwhelmed with the McDermott case and the remainder of her workload. However, before turning Kevin down, she thought to herself that getting out might be good for her and she undeniably enjoyed Kevin’s company.
Kyra said, “Sure, what do you have in mind?”
Based on their long friendship, Kevin knew Kyra’s favorite comfort foods and he sensed this was the occasion to offer one of those. Kevin responded in a take charge way, “Uma Sushi, I’ll make reservations for 7:30 and I’ll pick you up at 7:15.”
Kevin just said, “See you later,” and left Kyra’s office doorway.
Although Kyra was clearly and unequivocally her own person, she actually liked take charge guys as long as she respected them. And, even though her interest in Kevin was truly just plutonic, she did respect him.
As he walked back to his own office, Kevin mused that an evening with Kyra was always an adventure in that the conversation could range from sports to politics, fashion to cooking as well as a dose of sharing what was going on in each of their work lives. Even though Kevin was on the civil side of the DA’s office and Kyra was on the criminal side, each always appreciated the other’s insights for a fresh look at whatever issue in a case the other one may be working on.
Who knew what tonight might bring in that regard but he was certain that the McDermott case would be touched on. Kyra lived in downtown San Diego adjacent to the Gaslamp District, San Diego’s beautifully restored and reborn restaurant and entertainment center. She lived in a highrise building with a quite nice view of the bay and Point Loma. Kyra had been able to purchase the condo unit a year ago due to the prior owner’s misfortune in the disastrous real estate market. The people had a loan they could not afford and a value that had fallen drastically. Then came the inevitable bank foreclosure. With the help of a loan from her parents and her good solid job and reputation, as well as record low interest rates, she was able to afford her first real estate venture. Suffice it to say, Kyra
did not mess around.
Kevin pulled up in the drive circle in front of the building and stepped into the lobby. He dialed up to Kyra’s unit. Kyra simply said, “Be right down.”
Kyra slipped out of the elevator looking great as ever while in “skinny jeans,” black“wedgie” shoes, a long sleeve black silky top and a black leather jacket. Her red tinted hair was “piled” on top of her head in a “messy bun” with long strands of hair framing her face and her piercing green eyes.
She gave Kevin a hug and headed off directly to Kevin’s car without any further comment. Cars were important to Kyra, not because she was a snob, but just because she liked nice cars. She was no girly girl when it came to cars and driving. Kyra’s “ride was a snappy black and grey 5 speed Mini Cooper with black rims to finish out the trim. Kevin drove the “standard” young professional’s BMW. Sensible yet sporty. Although it might not have been her first choice, it was certainly acceptable.
Once in the car, Kyra sighed.
“What’s up?” Kevin asked.
“Nothing really.”
Kevin knew this was her standard first response even when she had something on her mind. They arrived at Uma Sushi after a very short drive. Following a “what’s happening” exchange with the general manager whom they had come to know well over the last couple of years, they were shown to their favorite corner booth. Their regular server showed up within minutes with Kyra’s required starter, a bowl of steaming edamame, and a question/statement, “Two Kirens?”
Again, efficiently, a nod from Kyra to get the meal started. When the server came back with the beer, Kyra spoke up and rattled off her standard order of rolls and some sashimi. Kevin knew that you did not stand in Kyra’s way when it came to food, either ordering or eating.
Kyra spoke up, “Kevin, I’m kind of flummoxed by what’s going on in McDermott.”
“Flummoxed?”
“Flummoxed is my grandmother’s word. It means ‘pretty damned confused.’”
“I thought the evidence looked pretty solid that the kids were the ‘doers.’ ”
“It’s not so much the evidence, it’s just that Buck Johnson is no fool and I don’t want to get caught with my pants down.” Despite the momentary lascivious thought in Kevin’s mind, he focused on the subject at hand.
“What do you suspect?” I know you trust him to play it straight, so what is it?”
“Maybe I’m just over thinking it. I’ll let you know as things develop.”
Kyra then uttered her stock segue out of one subject to another, “How about those Padres?”
Kevin knew that the subject of Kyra’s case would be revisited when she was ready. Kevin told Kyra about a couple of things he was working on including a fraud case on the civil side that had implications that could evolve into the criminal side of the office. They were done eating about an hour and a half later and Kevin dropped Kyra off with a hug and received a friendly kiss on the cheek from Kyra. He could only continue to hope there was a more involved future for them, but he truly enjoyed her friendship and companionship and again resolved not to stress over the future.
The Cardozo Family Compound, 10:30 a.m.
Elias Cardozo was sitting by a palm-shaped pool area at the rear of the Cardozo family compound. To call the compound and its surroundings opulent was an understatement. At the same time, it was clear that this was a family compound. Swingsets, bicycles, toys and the like gave an indication that children of many different ages were present throughout the facility. Despite the picture presented in movies and television of a sex, drug, and alcohol fueled Mexican and South American drug kingpins, this was a multi-family home, make no mistake about that.
