gallery was only half full even after yesterday's excitement. Ralph was at the counsel table but his hands were in cuffs. He had a bandage over his left temple where he'd been hit with the billy club. The jury box was empty. At nine a.m. the judge took the bench and immediately addressed the parties.
"Yesterday's events have caused this court much concern," the judge said. "The defendant's outburst and the witness’s strange behavior might well influence the jury's decision, yet the medical exam conducted on the witness did not show that he was drunk or otherwise under the influence of a controlled substance. Therefore, I am denying defense counsel's motion for a mistrial. Mr. Wakefield, you may continue with your cross examination."
Wakefield stood up. "Your Honor, after the incident last night defense counsel and I talked and reached an agreement for a plea in this case."
The judge sat up in his chair. My mouth fell open. Alice twisted in her chair and looked over at me, eyes wide. Relief flooded through every vein, muscle, and joint of my body. I couldn't help but smile gleefully. God had come through one more time.
"Well, that's good news," the judge said. "Please state your agreement for the record."
"The defendant has agreed to plead guilty to theft over $25,000 but less than $100,000 which is a felony in the third degree under Chapter 31 of the penal code. Under our agreement the prosecution would recommend a minimum sentence of two years conditioned on restitution of $100,000. The prosecution is prepared to accept that plea subject, of course, to the court's approval."
The judge nodded. “That seems quite reasonable. Will the defendant be able to come up with $100,000?" the judge asked.
"I'm told, Your Honor, that Mr. Herman is in possession of certain real estate that he paid more than $100,000 to acquire. He has agreed to turn that property over to the state for liquidation."
"Very well, then. Mr. Jacobs, is this your agreement?"
Jacobs stood up. "Yes, Your Honor."
"Then the agreement is approved. Bailiff, call in the jury so I can advise them of the plea."
The bailiff got up, went into the jury room, and, a moment later, led them back into the courtroom. The judge explained to them what had happened, thanked them for their service, and then dismissed them. We caught one of the jurors as he was leaving and asked him what he thought the verdict would have been had the defendant not pled out. Without hesitation he replied, guilty.
Apparently the defendant's outburst pretty much did him in. His attorney must have realized it and strong-armed his client into the plea. If Ralph had lost, he'd have been looking at a felony of the second degree which carried a maximum sentence of twenty years. I doubted Ralph much liked the idea of a plea bargain, but he wasn't stupid. He couldn't take a chance on conviction and end up serving twenty years.
I'd managed to outrun an avalanche of trouble and thanked God for seeing me through it. It felt good knowing Ben and Alice's would be getting a second chance with their $100,000 stake compliments of Ralph Herman. Except for Peter's absence, everything seemed almost back to normal. Of course, normal for me could still be pretty intense.
THE STAN TURNER MYSTERIES
by William Manchee
Undaunted (1997)
Disillusioned (2010)
Brash Endeavor (1998)
Second Chair (2000)
Cash Call (2002)
Deadly Distractions (2004)
Black Monday (2005)
Cactus Island (2006)
Act Normal (2007)
Deadly Defiance (2011)
"...appealing characters and lively dialogue, especially in the courtroom . . . " (Publisher's Weekly)
"...plenty of action and adventure . . . " (Library Journal)
"...each plot line, in and of itself, can be riveting . . . " (Foreword Magazine)
"...a courtroom climax that would make the venerable Perry Mason stand and applaud . . . "
(Crescent Blue)
"...Richly textured with wonderful atmosphere, the novel shows Manchee as a smooth, polished master of the mystery form . . . " (The Book Reader)
"...Manchee’s stories are suspenseful and most involve lawyers. And he’s as proficient as Grisham . . . (Dallas Observer)
"...fabulous-a real page turner-I didn't want it to end!" (Allison Robson, CBS Affiliate, KLBK TV, Ch. 13)
Act Normal, A Stan Turner Mystery Vol 9 Page 55
