a small but important victory.
'The defendant is charged with two counts of aggravated murder,' Riker blustered, and it was immediately obvious to Quinn that the prosecutor had not done any legal research on the issue of the proper timing for a bail hearing in a murder case. 'These charges are serious. The defendant is a flight risk and a potential danger to others.'
'The question of whether the senator is a flight risk or a danger to others is relevant to the amount of bail to be imposed, if I decide to grant bail. It is not relevant to the question of my authority to hold a bail hearing at the same time that I arraign Senator Crease. Do you have any other arguments you wish to make?'
'No, Your Honor.'
'Then I must tell you that I find the arguments in Ms. Garrett's brief persuasive and I hold that the interests of justice require me to hold Senator Crease's bail hearing this morning.
'The question of whether bail will be granted is another matter. I have no opinion on it at this moment and I will hear counsel on the question as soon as Senator Crease is arraigned.'
Quinn held the arraignment quickly. He read the charges to Crease and advised her of her rights. Then he asked her how she wanted to plead to the accusation that she had hired Martin Jablonski to murder her husband, then murdered Jablonski because he was a witness to her involvement.
Crease had been standing during the arraignment. When Quinn asked her how she wished to plead, she squared her shoulders and looked Quinn in the eye. Despite the tense atmosphere in the courtroom, Crease appeared to be confident and free of fear. When she spoke, her voice was firm and filled with resolve.
'I loved my husband very much, Your Honor. I would never hurt him. I don't know what is behind these allegations, but they are false and I am not guilty.'
For a moment, the fire in Crease's eyes trapped Quinn. Then he pulled himself away and pretended to scan some papers that lay in front of him.
'Very well,'' Quinn said. 'We'll record your plea of not guilty to both charges. Now to the issue of bail. Mr. Riker, I believe that you have the burden of convincing me that there is clear and convincing evidence of Senator Crease's guilt before I can hold her without any bail. How do you wish to do that?'
'This hearing has caught me by surprise, Your Honor. I'm not prepared to proceed with witnesses at this time.'
'When could you have your witnesses here, Mr. Riker?'
Garrett was certain that Riker was not going to give her a chance to rip into his witnesses prior to trial, and she smiled when he said, 'Well, I don't know. Perhaps I could give the Court the police reports in lieu of presenting live testimony?'
'That would deprive me of the opportunity to cross-examine, Your Honor,' Garrett objected.
'I agree,' Quinn said. 'Mr. Riker, unless you want to call witnesses and subject them to examination by Ms. Garrett, I'm going to have to hold that bail is appropriate in this case and move on to the question of the proper amount of bail.'
Riker looked very uncomfortable. He shifted from one foot to another. One of the deputies tried to whisper something to him, but Riker waved him off.
'You've put me in an impossible position, Your Honor,' Riker complained.
'I'm sorry you feel that way, Mr. Riker, but you're going to have to tell me if you want to put on witnesses or argue the amount of bail.'
'Let's proceed with arguments on the amount of bail,' Riker said reluctantly. 'The defendant is a wealthy woman who can fly to any country, including those without extradition treaties with the United States. She even owns her own airplane. This makes her a flight risk. Plus, she is a former policewoman. She knows how to use a weapon. She could be a danger to our witnesses.'
Garrett stood up and addressed Quinn.
'Your Honor, until Mr. Hoyt's will is probated Ms. Crease has limited access to his wealth. She earns a salary as a state senator, but that hardly makes her rich. Furthermore, Senator Crease is in the middle of a political campaign. That, in addition to her complete innocence, is why we are fighting so hard for bail.'
'Would the senator surrender her passport as a condition of my setting bail?'
'Of course.'
Quinn reviewed the personal history that was part of Garrett's brief. He came to a decision.
'Instead of setting bail, I am going to release Senator Crease on her own recognizance ...'
'But, Your Honor . . . ,' Riker sputtered.
'Please do not interrupt me, Mr. Riker. I will give you an opportunity to make a record when I am finished.'
Quinn dictated a series of conditions for Crease's release, then gave Riker an opportunity to vent his spleen. When the district attorney was finished ranting and raving, Quinn set a date for the state and defense to file motions and set a tentative date for hearing the pretrial motions and for the trial. When there was no further business to conduct, the bailiff rapped the gavel, everyone in the courtroom stood and Quinn returned to his chambers.
As soon as Quinn left the bench, Mary Garrett broke into a huge grin. 'So far so good, Ellen.'
'The judge seemed to be very fair.'
'That he did.'
'Will he be our trial judge?'
Garrett nodded. 'This is my first time in front of Quinn. He's a surprise choice for the homicide rotation. Before he came on the bench he was a contract law specialist in the Price, Winward firm. But I like what I've seen so far. He seems bright and he's decisive.'
'Do you think he'll work with us? He seemed to dislike Riker.'
Garrett stopped smiling. 'Don't get any ideas about Quinn being some sort of pro-defense, knee-jerk liberal because of what happened today. My book on him is that he is one hundred percent ethical and that he decides cases on the law. That means that he'll rule for Riker whether he likes him or not, if he thinks he is right. And he can be really tough. He just sent Judge Gideon to prison when everyone in the courthouse was putting money on probation.
'On the other hand, we won't have to worry about having a judge who is part of the prosecution. The bottom line is that we have the best kind of judge. He's smart, he's ethical and he'll give us a fair trial. Now it's up to me to make certain that the trial ends favorably for you.'
[3]
Quinn found Laura hunched over the computer in their home office on the second floor. She was dressed in a flannel nightgown with the granny glasses she used for reading perched on her nose.
'Still working?'1 Quinn said.
'It's that condo deal in Maui,' Laura answered without looking away from the monitor. 'There are all sorts of problems and, of course, our client had to wait until the last possible minute to let us know.'
'Ellen Crease was indicted for Lamar Hoyt's murder. Stan Sax assigned me the case.'
Laura looked up and swiveled away from the screen.
'That'll keep you busy,' Laura said.
'Didn't you handle some litigation involving Hoyt?'
'BestCo. We sued his ass. I deposed him.'
'What was he like? I met him a few times but I never had a real conversation with him.'
Laura thought about the question. She swiveled her chair and pushed her glasses back on her nose.
'Hoyt was a real cowboy. All ready to shoot it out at high noon with us, as if the lawsuit were some kind of nineteenth-century gunfight. He impressed me as the type of guy who thinks he can conquer every situation with the force of his personality.' Laura thought for a moment, then added, 'I guess he had a sort of primal charm, but he was also a real chauvinist. He couldn't keep his eyes off my breasts.'
'Didn't he make his money in mortuaries?'
'Yeah, but that was only at the beginning. He diversified early on. Hoyt had his fingers in a lot of pies and,' Laura added with a smirk, 'up a few dresses.'
'He was cheating on Senator Crease?'
'That's the rumor.'
