Authors: J. A. Faura
The four of them spent the next three hours going over what the defense was going to present by way of evidence. It boiled down to the scientific research that Leonard and his colleagues had developed over the past 20 years. They did not need to prove to the judge that there was in fact another species, they simply needed to prove that there
might be
another species, that there was enough evidence of it to let a jury decide the matter. If they were able to do that, then the judge would most likely let them present their case and let the jury decide whether a new species did in fact exist. No need to show their hand to the DA if they didn’t have to.
They adjourned at just before eight in the evening, and to Steven’s amazement, everyone he had seen before was still there and they would most likely be there well into the night. Steven made his way home, exhausted from what had been a most unusual day. The media was gone for the most part, although the news trucks and photographers remained in place, just in case there might be a chance to get a good shot or a quick comment. It had been a long time since he had gone to bed in awe of what had transpired during the day. That very morning, he had been headed to his attorneys’ offices when he was sidetracked by Barlow. It seemed like so long ago, but it had only been hours since it happened. Back when he had been in the field with the SEALs, he would go to bed most nights tired from a long day’s work and amazed at the places he had been and the things he had done in just one day. He would get used to it again. He called Beth and chatted with her about the hearing and about his new attorney. Steven liked Ray from the get-go. The man was endearingly sincere about working on the case, and while Drew and Max were sharp and sometimes flashy bundles of energy seemingly juggling 10 things at once, Ray had more of a down-home quality about him. Drew had hit it square on the head when he said that Ray was like the wise old man whose stories everyone always wanted to hear. He was the perfect counterbalance to Max and Drew, and Steven was glad to have him on the team and told Beth as much. She filled him in on the kids. Bethany was missing him terribly, she had always been daddy’s girl. Christopher was still too young to understand everything that was going on, but even at his age he had been asking about Tracy. When Beth explained that Tracy was with the angels, he got quiet and went off to play with his trucks. It had killed Steven to hear about what his kids were going through, but Beth had assured him that they were kids and that they would get over things, probably a lot quicker than either of their parents would. It had made Steven feel better, not necessarily because of what she had said, but because she was strong enough to say it, which meant that she herself was healing. Steven finally said goodbye and went into the kitchen to get a glass of milk and a few Oreos. It was a small indulgence, but it was something he had done almost religiously before everything had happened, and it was a modicum of normalcy.
The first thing the next morning, Steven headed to the law offices, before the media could get going in earnest. They had agreed to meet at nine, do a final review of all the research the paralegals had put together, and head to the courthouse at 11:00 for a one o’clock hearing with Judge Lester Newman. After discussing it for more than two hours, the team decided it would be Drew who would present the research and lead the defense in the hearing. Ray and Max would jump in if necessary, but they all agreed that it would be more effective for one person to present their position. It was likely that the DA’s office would have two or three people arguing against them, and given what they knew of Judge Newman, it was a strategy that would most likely backfire. They all agreed that Lester Newman was too smart to believe an argument had more merit simply because there were more lawyers presenting it. It had been Judge Ito of OJ Simpson fame who had first sparked that tidbit of legal lore. Many legal scholars believed that the fact that the defense’s case had been presented by the likes of Robert Kardashian, Barry Scheck and Johnny Cochran had influenced the judge and how he allowed the case to proceed. Lester Newman was an old hand and had sat for some of high-profile criminal trials with high-powered attorneys on both sides and had never batted an eye. He was no-nonsense and would slam anyone that he believed was trying to ‘put one over’ on him. All three attorneys had watched him do exactly that more than once, so they all agreed that only one of them should present the research and make their argument.
The key would be to convince the judge that there was enough scientific information about the new species to let a jury decide the matter. One key element that they had going for them was the fact that most judges would be hesitant to disallow a defendant to present the defense he or she wanted to present, especially in a case with serious charges. The American legal system was based on the premise that when one was charged with a crime one was free to present the most vigorous defense possible, as long as it was within the bounds of reason. In this case, the DA was arguing precisely that, that this defense was beyond the bounds of reason and it was up to the defense to convince the judge that there was enough science to establish that, while definitely unorthodox and unprecedented, their defense was within the bounds of reason. With that standard, all three attorneys were fairly comfortable they would be allowed to move forward. Still, one never knew and David Neill, the DA, was a skilled litigator and knew Judge Newman well.
As they were gathering their things to leave for the courthouse, Ray had a thought, “You know, it’s actually a pretty good strategic move on Neill’s part.”
Max looked over from his desk, “What’s that.”
Ray explained, “Yeah, it’s a pretty clever move if you think about it. I don’t think Neill believes that the judge is going to throw out our defense outright, but by asking for a de facto finding, he’s laying the groundwork just in case he loses the case. He can always point to the hearing and claim the defense should not have been allowed to move forward with this defense in the first place.
“More importantly, he’s going to get a peek at the science we have and will know what our general approach will be ahead of time. He’ll be able to prepare with more than just blind speculation.”
Max mulled that over and finally nodded, “I guess you’re right. We were planning on waiving the preliminary hearing precisely so we wouldn’t have to show our hand at all. None of the facts of the case, the who, where and how, are in dispute so there was no need for a prelim. He probably figured that out and decided to ask for this hearing. You’re right, it’s a pretty good strategic move. Well, I don’t think any of us thought Neill was an idiot.”
The four of them picked up their coats and the three attorneys had a small stack of files each. They made it down to the garage where there was a black Suburban with tinted windows waiting for them. As they were leaving the building, Steven was blown away once more, not by the number of reporters and photographers parked in front of the building but by their tenacity. As the Suburban rolled to a stop before turning onto the street, several photographers launched themselves at the windows trying to snap a picture of its occupants. He also saw a number of news vans pull in behind them once they managed to get into traffic. Everyone rode in astonished silence on the way to the courthouse. Even Max and Ray, who’d had more than their fair share of exposure to media coverage, were struck silent by the extent of the coverage this case was generating.
As they approached the courthouse, they could see that there were just as many news trucks there as there had been in front of the office and perhaps even more reporters, if that was possible. As the SUV pulled in front of the building, four large men in suits came close to the door and along with a few police officers pushed the photographers and reporters back from the back door of the vehicle. This was the security detail that Max and Drew had arranged for. They were competent enough, but they were definitely not trained for the type of security that Steven knew they needed.
As he and his defense team made their way up the courthouse steps, with reporters firing questions at anyone who might have an answer for them, he looked around trying to find Cecil and Thurman and the team they had put together. It wasn’t too difficult for him to spot them. Unlike the security team arranged by the attorneys, the people he spotted were facing away from the group rather than facing them. As he scanned the crowd, he spotted first Thurman and then Cecil, both of them inconspicuous in their dress and demeanor, just a couple of curious bystanders. He saw they both had loose windbreakers on and knew that under those jackets were automatic weapons, probably fastened to a tactical vest. Although not available to the public, such vests were almost like a uniform for people in the business. Likewise, he saw that every one of the people on his security detail was also likely wearing a vest under their clothing. They were all positioned in areas that a potential threat might come from, and as he neared the entrance to the courthouse he also saw three pairs of binoculars located in three different buildings around the courthouse. It wasn’t anything anyone not looking for it might spot, but he was in the business and it came naturally for him.
Once in the courthouse, the four headed to Newman’s courtroom, which they found locked. A bailiff cracked open the door and when he saw them opened it enough to let them into the courtroom. The media that had been stationed at the entrance to the courthouse, and a few that had already been inside, parked themselves outside of the courtroom, many of them getting ready to go on air with a ‘live update.’ As soon as Drew came into the courtroom, he was greeted by Harryette Asher, Judge Newman’s secretary. As old as Judge Newman looked, Harryette looked like she could be his mother. There were wrinkles on top of wrinkles on her face, but her eyes still had a sparkle in them and she had a sweet manner about her that he had always found endearing. It was this countenance that made it more entertaining when she unloaded on someone who according to her ‘hadn’t come correct.’ This could mean someone talking on a cell phone in the courtroom, not being properly dressed or ‘just plain behaving like an ass.’ Harryette usually unloaded on rookies who happened to walk into her domain unaware. Once you got past that and got in her good graces, she was an incredible ally to have. She could get you an audience with the judge if you needed it or fudge the time stamp on a brief you might have turned in late.
Drew had brought her cranberry muffins, her favorite, on more than one occasion, so she lit up when she saw him, “Drew Willis! I heard you were on this case!”
Drew smiled, “Hi, Harryette. Looking beautiful as ever.”
She did not have the same affection for the other two attorneys, so all they got was a nod and a curt, “Gentlemen.” Max and Ray responded in unison “Harryette.”
Looking back at Drew, she said, “Come here, let me look at you!”
Drew complied although he was thinking to himself that it had been just a few weeks since she saw him last. Both Max and Ray rolled their eyes.
She took his hand with both of hers when he made it to her desk, “Oh, if I were just 20 years younger…”
Drew had the exchange down pat, “I’d be in big trouble no doubt. Harryette, are they here for the meeting yet?”
Harryette whispered in a conspiratorial tone, “They sure are. Bart Logan and the Amazon woman.”
Drew chuckled, “Melanie Farris.”
Harryette nodded, “That’s the one.”
Drew was disappointed, he had wanted to see Judge Newman before the prosecution team got there. Oh well, they would just have to present the argument to all of them at the same time. Now that he was here, Drew started to get nervous, not fear, but a sense of anticipation and intensity. This was going to blow their top and, truth be told, he was going to enjoy watching Bart Logan and Melanie Farris blow a gasket, like he knew they would.
Before going in, Max whispered, “I’m surprised Neill isn’t here himself.”
Drew agreed, “I am too. He probably wants to hedge his bets in case things don’t go his way. He wants to be able to point at the other members of his team to place the blame, nothing new for him.”
He knocked on the open door and the judge stood up to greet them, “Gentlemen, please come in.”
The three of them filed in and took the chairs the judge pointed them toward.
In the meantime, Steven sat down in the courtroom waiting for his attorneys. He was thankful that the courtroom was closed to the media. The only other people with him were the judge’s secretary and the bailiff that had opened the door. He sat in silence, thinking about Beth and the kids and wondering what they might be up to right now. He had promised Beth to call her immediately after the hearing. He didn’t know whether the judge would make a decision immediately or whether they would have to wait a while. He also thought about the General. He had been thinking about him a lot since his encounter with Barlow. The old man was paying for his defense, was taking care of his family, and had given him an incredible opportunity when he left the military and he felt horrible not being able to talk to him about Barlow.
As Steven sat in the courtroom waiting, the bailiff came over to where he was. He addressed Steven in a low, tentative voice, a complete contrast from his physical presence, “Uh, Mr. Loomis? I just wanted to give my condolences. It’s a damn shame. Me and most of the guys are pulling for you, sir, we really are.”
Steven gave the man a thin smile, “I appreciate that, officer, I really do.”
The bailiff returned the smile, gave Steven a nod and went back to stand by the door. He had been so wrapped up in everything that he had not had the opportunity to consider the effect his actions had on the public at large. He had tried to avoid the media coverage as much as possible, but he was beginning to realize that the further they got into the case the harder that was going to be. The tidbits he had caught here and there had let him know that for the most part the public was firmly behind him. There were the usual crazies claiming that what happened to Riche should happen to all those that killed children and the religious zealots were also out in force claiming that he was playing God and was just as evil as Riche. For the most part, normal everyday people believed what he had done was an act of heroism. The legal experts he had heard on various newscasts and talk shows were also all over the place. Some believed that this whole thing was nothing more than a stunt cooked up by his legal team in order to get around his confession, while others believed it was a brilliant legal maneuver meant to blur the facts, facts that were no longer in dispute given the fact that he had admitted everything. It was amusing to think that he had actually had to talk his legal team into making the argument.