Opton shook his head. 'Just when you thought you've seen it all. Well, Mike, what are we going to do?'
Greene exhaled. 'Fairweather and Forbus are my only witnesses. You've heard everything I've got.'
'Are you going to argue that you've proved by clear and convincing evidence that Mr. Ames murdered Arthur Briggs? Because you've got to do that before I'll deny bail.'
'She still saw what she saw, Judge,' Greene answered halfheartedly.
'Your witness sees a lot of things. What's your position, Amanda?'
'The only evidence connecting Daniel to the murder is the testimony of Dr. Fairweather and I don't believe she's a credible witness.'
'You don't have to be diplomatic. We're not on the record. The woman is a total fruitcake. Fucking electrodes. Jesus, Mike, where did you dig her up?'
Greene didn't answer.
'Okay, here's what we'll do when we go back outside,' Opton said. 'You'll end your cross, Amanda, and you'll rest, Mike. You can argue against bail, but I'm going to grant it, understood?'
Greene nodded. Opton turned to Amanda.
'What can your client afford?'
'Daniel's on his own and he's almost broke, Judge. As you heard, Reed, Briggs just fired him. His mother doesn't have a dime and he doesn't know where his father is. He worked his way through college and law school, so he's up to his nose in debt and he doesn't have much in savings. I'm taking the case pro bono.'
Opton's eyebrows raised. Amanda ignored his surprise and continued.
'I think you should release him on his own recognizance. Daniel swears he's innocent and there isn't any credible evidence that links him to the murder. Even if you believed Dr. Fairweather, the best you have is Daniel running from the scene, but no evidence that he had a murder weapon or shot Briggs.'
'Mike?'
Greene looked defeated. 'I'll go on the record against recog, but I can't make a great argument against it, right now.'
'Okay. I'll let you protect your office. You can make an impassioned plea. Just don't go on too long.' Opton stood up. 'Let's get this over with.'
Mike Greene looked grim when he emerged from the judge's chambers and Amanda Jaffe's face betrayed no emotion. As soon as Amanda sat down she turned to Daniel.
'Judge Opton decided that Fairweather is nuts. He can't take her word for the ID, so Mike has no evidence connecting you to the scene of the crime. You'll be out of jail by noon.'
'It's over? I'm free?'
'Don't get too excited. You're still charged with murder, but the judge is going to release you on your own word. You're going to be recogged, so you won't have to post bail.'
'Thank you,' Daniel said. 'You're amazing.'
'I am good,' Amanda replied, 'but we wouldn't have won without your guardian angel.'
'Did you have any idea this was going to happen?' Mike Greene asked Zeke Forbus. 'Because I love to have a little advance notice whenever I'm going to make a total fool out of myself in court. It gives me time to buy a disguise so I can make a quick escape.'
Greene rarely got upset and Forbus was rarely embarrassed, but today had not been a normal day.
'Believe me, Mike, I was as surprised as you are. Fairweather seemed a little uptight when I talked to her, but I had no idea she was crazy.'
Greene turned his chair toward the window in his office so he would not have to look at the homicide detective. A chessboard on his credenza displayed a position in the Queen's Gambit Declined that the prosecutor was studying. He stared at it for a moment in hopes of distancing himself from his real-life problems, but it was no use. He swung his chair back so he was face-to-face with Forbus.
'Where do we go from here, Zeke?'
'I still think he did it, so I'm going to try and find a way to prove Ames was really at the cottage.'
'Any idea how you're going to do that?'
Forbus shook his head.
'Well think, damn it. We've got to move. The preliminary hearing is set for next week. Normally, I'd bypass it by getting a secret indictment out of the grand jury, but I've got nothing to show them. I'm going to have to dismiss the charges against Ames if we don't come up with something fast.'
Chapter Twenty-Six.
Daniel was so stunned at the speed with which his bail hearing ended that he barely heard the legal arguments. As soon as the judge ruled, the guards took him back to jail, where he waited to be processed out. Daniel had spent the past week tamping down his emotions, but he finally let himself believe that he would soon be out of jail. When the numbness wore off he became euphoric and he stayed high until it dawned on him that he was still the defendant in a murder case. He had been freed because there was no corroboration for April Fairweather's testimony, but what would happen when the police talked to Renee Gilchrist? Would she tell them about his phone call on the afternoon of the murder? Was that enough evidence to change the judge's mind about bail? By the time Daniel's property was returned, depression had set in.
Amanda had arranged to have the jail release Daniel through the garage so he could avoid the press. She told him that someone would be waiting for him. Daniel expected to see Amanda's investigator, but Kate Ross was standing in the shadows of the garage when he walked out of the jail. She flashed a big smile and Daniel's depression evaporated as soon as she hugged him.
'You don't smell too bad,' Kate joked after she let him go.
Daniel's face split with a huge grin. 'Neither do you.'
'Come on. Let's get something to eat,' Kate said. Daniel had not thought about food all day, but he was suddenly famished.
'You up for baloney on white or something a little more exotic?' Kate asked.
'I'm up for anything that is not baloney on white.'
Kate's car was parked a block away. As they walked to it Daniel savored the heat of the sun, the brush of the breeze on his face, and the knowledge that he could walk to Kate's car or not, as he chose.
'How are you feeling?' Kate asked when they were on the road.
'Okay. I sort of shut down when I was in jail. It's going to take me a while to believe I'm really out.'
'Amanda's good,' Kate reassured him. 'She'll keep you out.'
'I'll say she's good.' Then Daniel remembered Amanda's cryptic remark. 'When I thanked her for winning the bail hearing Amanda said that I have a guardian angel. Do you know what she meant?'
Kate's smile disappeared. 'Yeah, I do. We talked about it this morning. Amanda destroyed Fairweather because she received a videotape of a speech Fairweather gave a few years ago. She was talking to a group of so- called satanic ritual abuse survivors and she told them that she had been a victim of a satanic cult. Most of what Amanda used in her cross was in Fairweather's speech.'
'Who gave Amanda the tape?'
'It was sent anonymously. She thought that I sent it.'
'But you didn't?'
'I've seen the tape. It was in Fairweather's case file at the office,' Kate said in obvious distress. 'I wanted to tell Amanda about it, but I couldn't for the same reason I couldn't investigate Fairweather for Amanda.'
'Hey, you've done more for me than anyone could,' Daniel reassured her. 'I'd still be in jail if you didn't ask Amanda to take my case.'
'Then you understand? Fairweather is a client. There's a conflict.'
'I would have thought less of you if you'd violated your trust.'
Kate looked relieved.
'Does Amanda have any idea who sent the tape?' Daniel asked.
'No, but everyone at the conference knew about it. So did everyone at Reed, Briggs who was working on the case and anyone they told. Then there's Aaron Flynn and the people in his firm. I don't know if they were aware of the tape before the hearing, but Flynn's investigators are good.'
'Boy, you've certainly narrowed the number of suspects.'
Kate smiled, relieved that Daniel was not mad at her.
