for his party’s presidential nomination, may be called as a witness. If that happens, there will be a heavy police and Secret Service presence in addition to the guards who would normally maintain order in this court. If anyone is contemplating any type of political protest during his testimony, I warn you that you will go to jail. I hope that is clear.”
The judge paused to let his message sink in.
“Now to business. Are the parties ready?”
“The state is ready, Your Honor,” Brendan Kirkpatrick said, standing to address the court.
Ami stood. “Ami Vergano for Miss Kohler. We’re prepared to proceed.”
“Very well. Mr. Kirkpatrick, what is your position on bail for Miss Kohler?”
“The state wishes bail to remain as it is. The defendant used a gun to help Carl Rice escape from the secure wing of the county hospital. She terrorized four people during the escape. Since his escape, Mr. Rice has murdered and assaulted a number of people. Miss Kohler may have aided and abetted some of these crimes. After she is prosecuted in Oregon, the defendant will be sent to California where she is facing charges of murder and assault growing out of the invasion of General Wingate’s home. Her actions prove that she is a danger to others and a flight risk.
“One more thing. Miss Kohler has a pathological hatred of her father, General Morris Wingate. If she were free, she would be a danger to a presidential candidate.”
Kirkpatrick sat down, and Ami stood. Inside, she cringed at the argument she was about to make, but she had a duty to present her client’s position even if she did not believe it. More important, Vanessa still held the power to destroy Ami’s life and Ryan’s by telling the authorities that Ami had helped her hide.
“First off, Your Honor, Miss Kohler has no criminal record. She is employed with a newspaper in Washington, D.C. I’m going to offer into evidence an affidavit from her employer stating that he will continue to employ Miss Kohler. She has also had the same residence in Washington for many years. Except for this incident, Miss Kohler has been a model citizen.
“More important, Miss Kohler did not help Mr. Rice for criminal reasons. Miss Kohler believes that her actions in rescuing Carl Rice from the hospital were justified by a theory of defense of another, as were Mr. Rice’s actions in California when he rescued Miss Kohler, who had been kidnapped and assaulted by her father and his agents.
“Carl Rice and General Morris Wingate have known each other since Miss Kohler and Mr. Rice attended high school together in California. Mr. Rice received a draft notice during his senior year in high school and went into the army instead of seeking a college deferment, even though he had earned a scholarship to Dartmouth. He eventually became a member of the Special Forces during Vietnam, and that is when his path and the General’s path crossed again.
“During Vietnam, General Wingate was the head of the Agency for Intelligence Data Coordination, which has a charter that does not permit it to have active intelligence agents. Despite this clear prohibition, General Wingate ran a small and highly select army unit out of this agency. The Unit was financed by money obtained from illegal activities, such as drug smuggling.”
There was a stirring in the audience, and Judge Velasco gaveled for silence. When the courtroom was quiet he turned his attention to Ami.
“I hope you have evidence to support these sensational claims, Mrs. Vergano.”
“I have subpoenaed witnesses who will testify about the Unit and the General’s connection to it.”
Velasco looked incredulous but told Ami to continue.
“Soon after Mr. Rice returned to the states after completing his first combat mission, General Wingate arranged a meeting during which he recruited Mr. Rice into the secret unit. From the early nineteen-seventies until 1985 Mr. Rice was a member of the Unit. Under orders, he completed several missions including assassinations in Europe and on American soil.
“In 1985, Vanessa Kohler was living in Washington, D.C., where she became reacquainted with Mr. Rice. One evening, he confessed to killing two people in Texas under orders. These individuals were supposed to be spying for the Chinese. He was very upset and told Miss Kohler that he wanted to get out of the Unit.
“Miss Kohler found evidence in a safe in the General’s house that proved the existence of the Unit. She presented it to Congressman Eric Glass at his summer home in Lost Lake, California, in hopes that the congressman would expose the activities of the Unit and her father’s involvement in this illegal activity. When he discovered that the files were missing, General Wingate sent Mr. Rice to kill the congressman and retrieve the papers. After Mr. Rice murdered Congressman Glass and recovered the documents, General Wingate arranged for the murder of Mr. Rice. He survived, without the General’s knowledge. Mr. Rice went underground for years, but his picture was on national television as a result of his arrest in the Little League assault case. When Miss Kohler recognized him, she knew that it was only a matter of time before her father learned that Carl Rice was alive.
“Miss Kohler helped Mr. Rice escape from the hospital because she was certain that General Wingate would have him killed to keep his secret.”
The noise in the courtroom increased in volume. The judge rapped his gavel again.
“Please approach the bench,” he said.
The judge leaned down and lowered his voice as soon as Ami and Brendan Kirkpatrick were standing at the side of the dais.
“I’m warning you, Mrs. Vergano. I will not permit my courtroom to be turned into a platform for political character assassination. Your charges are going to be carried by every television station and newspaper in this country and could affect the outcome of the primary election. I will report you to the bar association and place you in contempt if these charges prove to be unfounded or unconnected with the purpose of this hearing.”
“I understand, Your Honor,” Ami answered meekly. She felt sick to her stomach and light-headed with fear.
“And you, Mr. Kirkpatrick-I haven’t heard a single objection.”
“I don’t see how I can object, Judge. Mrs. Vergano claims to have witnesses who will testify to what she has alleged. Personally, I don’t think they have any credibility, but you’re the only person in this court who can decide the credibility of a witness.”
“And I will, Mrs. Vergano, I will. And if I decide that you or your client has misused the judicial process there will be consequences.”
Even in ill-fitting orange jail clothes with his legs and hands shackled Carl Rice commanded respect. He walked with dignity and-like a caged panther-he radiated a sense of danger that made you want to keep your distance.
“May Mr. Rice have his shackles removed during his testimony?” Ami asked the judge.
“Sergeant Perkins?” the judge said, addressing the ranking jail guard.
“We would prefer that the irons stay on, Your Honor. Mr. Rice is considered a high-risk prisoner. We’ve been informed that he’s trained in martial arts and is ex-Special Forces. The sheriff knew this might come up, and he thinks the handcuffs and leg irons should stay on.”
“I’m going to follow the sheriff’s recommendation, Mrs. Vergano. I might rule differently if this were a trial, but I know he’s a prisoner and that will not prejudice my decision on bail.”
Carl shrugged to show that it made no difference to him. Judge Velasco ordered his bailiff to administer the oath, and the guards helped Rice into the witness box.
“Mrs. Vergano,” Judge Velasco said, “before you examine Mr. Rice I want to inquire of him.”
Ami nodded. She had expected this.
The judge turned toward the witness. “Mr. Rice, Mrs. Vergano was your attorney…”
“She still is, Your Honor,” Rice answered calmly.
“That troubles me. Normally, one lawyer does not represent two defendants who are charged in the same case.”
“Mrs. Vergano explained all the problems that could arise from her representation of Miss Kohler and me. I have waived any conflicts because Miss Kohler and I believe that it is in our best interests to have Mrs. Vergano representing both of us.”
“This decision of yours makes me very nervous, but I will accede to your choice. However, I must discuss another matter with you. Are you aware that you are testifying under oath and that everything you say will be recorded by the court reporter and can be used against you in every court proceeding that occurs in your cases here, in California, and in federal court?”
