'What about Detective Ryman?' the judge asked.
'We don't intend to call Detective Ryman to testify. I don't know what Mr. Mason's plans are.'
Mason was surprised at Ortiz's decision to keep Harry off the stand. He wondered if Harry had asked to take a pass to avoid a confrontation with him, or whether it had been Ortiz's idea. Either way, Mason knew Harry wouldn't help his defense of Blues.
Mason said, 'I don't intend to call Detective Ryman and I have no objection to his presence in the courtroom.'
'Very well, Counsel. The rule is hereby invoked. No witness will be permitted in the courtroom until after he or she has testified. I expect the lawyers to enforce the rule by keeping a close eye on who comes and goes. Don't expect me to take roll. If you let somebody slip in, it's on you. Any opening statement, Mr. Ortiz?'
'Yes, Your Honor. Even though this is a pretty cut-and-dried case, I'd like to put the evidence in context for the court and let you know who you are going to be hearing from.'
Mason was glad that the state had the burden to prove its case. He understood that was why the prosecutor got to go first at every stage of the preliminary hearing and trial-first to make an opening statement, first to put on witnesses, first to make a closing argument. But Mason couldn't stand going second. Sitting on his hands while Patrick Ortiz did his this-defendant-is-so-guilty-why-bother-with-the-trial routine was worse than having a tooth pulled slowly.
'How about you, Mr. Mason?'
'Your Honor, I'm certain that Mr. Ortiz believes that all of his cases are cut-and-dried, that the police only arrest the guilty, and that we could save a lot of tax dollars if we just skipped all this trial stuff. Fortunately, the Founding Fathers decided not to leave it up to Mr. Ortiz, or me or you, to decide innocence or guilt in this case. The jury will make that decision. I'll save my opening statement for the trial.'
Mason didn't want to admit that he had nothing to say at this point in the case except that the prosecuting attorney was taking orders from Ed Fiora to offer Blues a plea bargain. He could add that Amy White wanted Mason to find Jack Cullan's secret file on the mayor even though she assured him that it had nothing to do with the murder. He might mention that someone had tried to kill him after he refused to play ball with Ed Fiora. He could describe how Fiora had blackmailed Beth Harrell into trying to seduce him and that she had asked Mason to get back the blackmailer's blackmail so she could seduce him, for her own reasons. None of which, he would have to admit to Judge Pistone, he could prove any more than he could prove that Blues was innocent. So instead, Mason took a shot at Ortiz's understated arrogance and sat down.
'I would suggest that both counsels save their editorial comments for the press, except I'm imposing a gag order. No one connected with this case will discuss it in public outside of this courtroom. When we're done here, this case is going to be assigned to a circuit court judge. I don't want the first motion filed by the defendant to be one moving the case out of the county because there's been so much publicity the defendant can't get a fair trial. Now, let's get to it. Mr. Ortiz, you may begin.'
'Excuse me, Your Honor,' Mason interrupted. He stood, hands raised, underscoring his regret at delaying the proceedings again. 'I'm certain you didn't intend to prejudge this case, but your comments suggest that you've already decided to bind the defendant over for trial. If that's so, I'm compelled to ask that this case be reassigned to another court.'
Judge Pistone glared at Mason. 'The last time you were before me, Mr. Mason, you practically accused me of being pressured to deny your client bail. I invited you to prove such and you declined. Now you are suggesting that I have prejudged the case against your client. Tell me? Is it your desire to be held in contempt by this court? If you are, I shall be happy to oblige you.'
'Not at all, Your Honor. I'm certain that you misspoke when you said that this case was going to be assigned to a circuit court judge. That will only happen if you bind the defendant over for trial. You can't know until you hear the evidence whether you will make that decision. I didn't want to leave that impression on the record without bringing it to the court's attention. Perhaps you'd like the court reporter to read back your comment.'
Mason was willing to dig a deep hole because Judge Pistone had made up his mind, and, just like Ortiz, Mason had more than one audience. The judge had just testified on behalf of Blues in the court of public opinion. Mason had given the press a different lead than one about Blues's guilt. They could now write a story about how Mason had trapped the judge with his own words, continuing Rachel Firestone's theme that Blues was getting the bum's rush. The judge wouldn't hold Mason in contempt since that would elevate Mason to martyr status for a wrongfully accused client. Instead, the judge would have to swallow hard.
Judge Pistone, known for his disinterested demeanor, was eye-popping mad at Mason and gripped the edge of the bench as he fought to keep his self-control. He wouldn't risk asking the court reporter to read his comments aloud.
'Thank you for bringing to my attention what was clearly an unintended and unfortunate choice of words. I assure you that I have the highest regard for the presumption of innocence. If you have any doubt on that score, you may request another judge. Is that your desire, Mr. Mason?'
Taking hits from the court to deflect attention from his client was a defense attorney's high-risk, don't- confuse-me-with-the-facts ploy that meant one thing: the defense attorney didn't have dick. Having played the card, he let it go.
'Not at all, Your Honor. As you said, let's get to it.'
CHAPTER THIRTY-SIX
Patrick Ortiz ambled to the podium, a rumpled, overweight everyman who knocked back a few brews on the weekend, watched sports, talked about women, and sent men to death row.
'Your Honor. I agree with Mr. Mason about one thing. It's not his job or mine to judge the facts. It is our job to tell you what the facts are. But don't make the mistake Mr. Mason did. You are the only judge of the facts at this point in this case. Before a jury is asked to decide the defendant's guilt, you are asked to decide whether there is reasonable cause to believe that a crime was committed and that the defendant committed it. If you find that there is probable cause to believe those things, then you must bind the defendant over for trial.
'Mr. Mason seized on an innocent misstatement by the court to suggest that you have prejudged this case, although he knows that you haven't and wouldn't. Mr. Mason has his own reasons for trying to keep our attention away from the facts and away from his client. When the state has finished presenting its evidence, listen closely to hear if Mr. Mason denies any of the facts we present to you. Listen to hear if he offers any other explanation for who shot Jack Cullan in the eye with a. 38-caliber pistol. Listen to the silence from Mr. Mason, because that's all you will hear.
'I told you that this case was cut-and-dried. Tell me if I'm wrong. Jack Cullan was found murdered on Monday, December tenth, by his housekeeper. He'd been shot to death. Mr. Mason won't deny that. The preceding Friday night, Mr. Cullan and Beth Harrell had been customers at a bar owned by the defendant called Blues on Broadway. Mr. Cullan and Ms. Harrell quarreled. The defendant intervened and fought with Mr. Cullan. Afterward, the defendant threatened Mr. Cullan with physical harm if he interfered with the defendant's liquor license or came back to his bar. Four witnesses, including Ms. Harrell, will testify at trial to the fight and the threat. Mr. Mason won't deny that.
'Blood and tissue belonging to the defendant were found under the fingernails of the murder victim. The defendant's fingerprints were found in the room in which Mr. Cullan died. The defendant has a history of violent conduct, including shooting to death an innocent and unarmed woman while he was a police officer. The defendant has no alibi. Mr. Mason won't deny any of that.
'There is more than enough evidence to bind the defendant over for trial on the charge of murder in the first degree. I call that a cut-and-dried case and make no apology for it. I wonder what Mr. Mason calls it.'
CHAPTER THIRTY-SEVEN
