Arnold had on appeal were with her when she was abducted and there are no copies.'
'If that's so, and you have no real hope of finding the originals, and the defendant had made a prima facie case for the possibility of reversal, what choice do I have except to grant this motion for a new trial?'
'We would argue that Mr. McCann is at fault here. How do we know that he wasn't involved in the kidnapping of Mrs. Arnold?'
'Your Honor,' Flynn retorted, 'this is an argument that grows out of sheer desperation. Mr. Quiroz prepared the warrant that led to the arrest of Gene Arnold for his wife's murder. There has never been a hint of a suggestion that Mr. McCann, who was in jail at all times relevant to the Arnold case, had anything to do with the second kidnapping.'
'Mr. Quiroz?' the judge asked.
Ramon knew when he was whipped and he simply shook his head.
'Mr. Flynn, if I could find any legal reason to deny your motion I would do so,' the judge said. 'But there isn't any and I am sworn to follow the law, even when I don't want to.' He paused. 'I am going to order a new trial for Mr. McCann.'
'Your Honor, I have a further motion,' Flynn said quickly. 'I move for an order dismissing the charges against Mr. McCann. If this case were retried today it would have to result in a judgment of acquittal as soon as the state rested. Mr. McCann has always maintained his complete innocence and we have always contended that Lester Dobbs accused Mr. McCann in order to escape his just punishment for Mrs. Alvarez's murder. Without the testimony of Lester Dobbs there is no evidence connecting Mr. McCann to the kidnapping of Patty Alvarez.'
'Mr. Quiroz, is there an official copy of Mr. Dobbs's trial testimony?' Judge Schrieber asked.
'No, sir.'
'Did Mr. Dobbs testify in the grand jury?'
'Yes, but there's no transcript.'
'Even if there was,' Flynn interjected, 'it wouldn't be admissible against Mr. McCann because I had no opportunity to cross-examine Mr. Dobbs.'
'I believe Mr. Flynn is correct,' the judge said. 'Mr. Quiroz, is there any legally permissible way to present the testimony of Lester Dobbs to a jury in a second trial?'
'Not that I can think of at this moment.'
Judge Schrieber was lost in thought. He tapped his pen against the dais. When he spoke he looked very unhappy.
'Mr. Flynn, I am not going to dismiss the charges against Mr. McCann today. New evidence may be discovered. However, I am very reluctant to keep Mr. McCann in jail under the current circumstances.
'Mr. Quiroz, I am going to give you one week to convince me that there is a legal basis for keeping Mr. McCann in jail. If you can't, I'm going to be forced to set him free.'
_ _ _
When Ramon Quiroz returned to the district attorney's office he found a furious Martin Alvarez waiting for him.
'What are you going to do about this?'
'There's nothing I can do, Martin. Unless we find new evidence, McCann is going to walk.'
'That's insane.'
Quiroz shook his head. 'That's the law.'
'There's got to be something you can do.'
'Martin, I've been dreading this since I learned that Melissa's notes disappeared. I once went through something just like it with Gene Arnold and I knew what could happen. I was hoping that Flynn wasn't sharp enough to figure out what to do.'
'What do you mean you went through something like this with Gene?'
'Remember when Bob Champion and Gene were partners?'
Martin nodded.
'Bob represented some young kid charged with auto theft. They picked the jury and the state put on some witnesses. There was a three-day weekend because of a national holiday. When the trial started again no one could find the kid. He just took off. Judge Milbrandt decided that the defendant's failure to appear was willful and ordered the lawyers to go on with the trial in his absence. The jury found the defendant guilty. The judge couldn't sentence him unless he was present, so he issued an arrest warrant.
'Three years ago they caught the kid in Canada. He was sent back for sentencing. Bob had retired by this time and Gene filed a notice of appeal, but the court reporter couldn't find her notes. They were in a box of old transcription tapes that she'd destroyed. Gene couldn't appeal because there wasn't any way to prepare the transcript without the notes, but he found that statute Flynn cited and the court had to order a new trial.'
Martin left the DA's office. As he drove home he remembered that Joan McCann was Gene Arnold's legal secretary. If she knew about the auto theft case, she would also know that Judge Schrieber would have to order a new trial for Paul if Melissa's notes were lost. Did Joan love her husband enough to kill Melissa Arnold and Lester Dobbs? Was the ransom demand merely a smoke screen that had hidden a plot to free Paul McCann from prison? Was she capable of committing a double murder?
Martin tried to remember everything he knew about Joan McCann. She had exhibited signs of tremendous stress lately. Martin had assumed that she was worrying about her husband's fate, but what if her gnawed nails and weight loss had been physical manifestations of unbearable guilt.
13
A week passed. There were no new clues in the murder of Lester Dobbs, Melissa Arnold's body and the tapes were still missing, and Ramon Quiroz had not been able to come up with a legal theory that would keep Paul McCann in jail. Early Friday morning, Quiroz and Aaron Flynn slipped in the back door of the courthouse and stole down the corridor to Judge Schrieber's chambers. It was 7:00A.M. and no one else was around. Ramon had phoned the judge the previous evening and convinced him that meeting in secrecy was necessary because of the threat that Martin Alvarez had made to Flynn.
'Good morning, Ramon, Aaron,' Judge Schrieber said. He did not look happy as he signed the paper that sat in front of him. 'I'm dismissing the case against Paul McCann and signing this release order. Everything has been done over at the jail to assure that McCann can walk out the door the minute you present this. I've arranged for you to go in and leave by the back door. I also instructed the jail personnel that anyone who leaks McCann's release is headed to prison for contempt. That should ensure your client's safety, at least for today.'
_ _ _
Flynn drove his car behind the jail and knocked on the rear door. Sheriff Cobb was waiting with McCann, who was dressed in the clothes in which he had been arrested. The sheriff read the release order and told Paul he could go. Cobb looked as happy about this state of affairs as the judge.
As soon as they were in the car Flynn's client closed his eyes, put his head back, and said, 'Hallelujah. I am so fucking grateful to be out of that hellhole that I might actually go to church.'
'If I were you, the church would be in some city on the other side of the planet. I don't think Martin Alvarez is going to let this rest.'
'Well, fuck him,' Paul answered angrily. 'Alvarez doesn't scare me.'
'What are your plans?' Flynn asked.
'A hot shower, an edible meal, a good fuck, and a decent night's sleep.'
'And after that?'
'I don't know. I'm thinking of moving. This trial showed me how many friends I have in Desert Grove. Besides, Sunnyvale is dead and your fees about wiped me out.'
Flynn pulled the car as close as he could to Paul's front door and prayed that Martin Alvarez wasn't out in the desert with a sniper scope. As soon as the car stopped Joan rushed out of the house. Her arms were around Paul's neck before he was standing. He let her kiss him, but Flynn didn't see much fire on his part. Then Joan walked around to Flynn's window and placed her hand over his.
'I'll never forget you for this, Mr. Flynn. God bless you.'
