Guilt By Degrees - [5]

“No, thank you,” Walter Schoenfeld quickly replied. “No questions, Your Honor.”

The judge turned to Charlie Fern. “You’re excused, sir.”

Sir. I had a feeling this was yet another first for the redoubtable Mr. Fern.

I saw the bailiff, clerk, and court reporter brace themselves, having recognized the signs of an imminent eruption. Ordinarily I would’ve felt codependently nervous for the prosecutor, but Brandon Averill’s cavalier attitude had me actively rooting for an ass-kicking. I sat tall and suppressed a smile. How often in life do you get to see the right foot meet the right ass at kicking time?

Brandon walked quickly out of the courtroom, and when the door swung shut behind him, the entire place fell silent. Everyone looked away from the bench; eye contact might invite the judge to find a new focus for his palpably growing ire. Walter turned and whispered to his client, and the other waiting lawyers huddled and spoke softly among themselves. One minute ticked by, then two.

“Bailiff,” the judge intoned loudly, “please go and fetch our prosecutor.”

“Yes, Your Honor,” the bailiff said.

“And if he hesitates,” the judge added, “shoot to kill.”

The bailiff was smiling as he walked down the aisle, his rubber soles squeaking on the linoleum. Seconds later, he returned with Brandon in tow. The prosecutor was not smiling.

“Your Honor,” Brandon said, out of breath, “I need a recess to locate the officer.”

“No, Counsel, you may not have a recess,” the judge’s voice boomed.

The looks on the faces of Clerk Manny and the court reporter told me the festivities had begun. Manny grabbed the water glass he kept on the shelf above his desk, and the court reporter’s expression hardened as she prepared her fingers for flight.

“As you know very well, Counsel, the defense has a right to a continuous preliminary hearing. Do you see all these lawyers lined up here?” the judge shouted in his thunderous baritone.

Averill nodded. I noticed the tips of his ears redden, matching the skin above his shirt collar.

The judge continued, “I’ll be damned if I make an entire calendar cool its heels while you figure out where your witnesses are!”

Brandon touched the knot of his tie like a condemned man fingering his noose. “Perhaps the defense will waive the right to a continuous preliminary hearing so the court can take up the next case while I locate my witness?”

“Oh, indeed?” the judge replied acidly. “Let’s find out, shall we?” He turned to the defense. “Counsel, do you waive your right to a continuous preliminary hearing?”

“No, Your Honor,” said the attorney. “The defense does not waive.”

“Shocking,” the judge said. “Any other bright ideas, Mr. Prosecutor? Or, better yet, any other witnesses? Some incriminating evidence for a change?”

“I don’t have any other witnesses, Judge,” Brandon said, trying to regain his cool with a nonchalant shrug.

“People rest?”

“I suppose so.”

“I have a motion, Your Honor,” Schoenfeld said, beginning to rise.

“Don’t bother, Counsel,” the judge said, signaling him to sit down.

The judge banged his gavel and barked, “Dismissed.”

4

The spectators gave a collective gasp, then erupted in a buzz that built and rolled through the courtroom. The dismissal of a homicide wasn’t a typical day for even the most seasoned courtroom veterans.

The defendant, a wiry, lean, young Asian male with black shoulder-length hair, sat quietly at first, absorbing the shock. Then, all of a sudden, it seemed to hit him like a thunderclap. He thumped his fist on the table, the clanking of his waist-to-handcuff chains underscoring the gesture, and turned to his lawyer. “I told you! I told you it wasn’t me!”

Judge Foster gave another loud rap of his gavel, stopping the defendant in mid-fist pump. “This is a court of law, not a sports bar!” he thundered. “Get your client under control immediately, or I’ll do it for you!”

Walter grabbed Yamaguchi by the arm and whispered through gritted teeth. I couldn’t hear what he said, but it worked. The defendant folded his hands on the table and sat quietly.

Legally speaking, the dismissal was well justified. But it rankled. Maybe this defendant really wasn’t the guy. And maybe I would’ve let it go at that if it hadn’t been for the “I could give a shit” look on Brandon’s face. Because maybe it was him, and the murderer was about to walk out of that courtroom and away from this victim for no good reason-just like everyone else had walked away while he bled out on the sidewalk.

I couldn’t just sit there and let it happen. For Cletus, and for all the others who wound up on the periphery of an overpopulated, uncaring world, I had to do something. I quickly moved up the aisle and walked over to Brandon.

“What the hell?” I whispered heatedly. “Where’s your cop? Did you subpoena him?”

Brandon glared at me wordlessly for a moment. “Of course I subpoenaed his ass,” he shot back.

“Then tell the court you’re going to refile so they don’t let this guy out,” I said as I watched the bailiff take the defendant back into the holding tank.

By law, the prosecution can refile a case that gets dismissed at the preliminary hearing, and we usually do if it’s been dismissed just because a witness didn’t show up. But the sheriffs don’t have bed space to waste. If Brandon didn’t tell them he intended to refile, the defendant would be released.