'We'll see about that.'
'Don't get mad at me. I'm just following orders.'
'Sorry, Mac,' Amanda told the guard.
'No problem, Ms. Jaffe, but I wouldn't argue too hard to have them taken off, if I was you. I was on the admitting desk when Wendell Hayes came to the jail the day he was killed. I wish I'd told him to be more careful.'
Amanda pulled out Dupre's chair and helped him sit down before sitting next to him. The bailiff rapped his gavel and Ivan Robard walked briskly through a door behind his dais.
'Be seated,' he ordered. 'Call the case.'
'This is the time set for a bail hearing in the case of State of Oregon versus Jonathan Edward Dupre.'
As soon as the bailiff finished reading the case number into the record, Tim Kerrigan stood and told the judge that he was ready to proceed.
'Amanda Jaffe for Mr. Dupre, Your Honor. Before we start the bail hearing, I would like to have my client unshackled. He . . .'
Robard held up his hand. 'I'm not going to do it, Ms. Jaffe. Feel free to file a motion with authorities so you can make your record for the appellate courts, but I've talked to the jail commander and he believes that Mr. Dupre is too dangerous to leave unshackled.'
'Your Honor, this is a bail hearing. You are going to have to decide whether Mr. Dupre should be released from custody. Your ruling to have him kept in chains shows that you have prejudged his case, and I'd ask you to recuse yourself.'
Robard cracked a humorless smile. 'Nice try, but it won't work. I'm keeping the shackles on for security reasons, and so would any other judge in this courthouse. I haven't heard any evidence yet. If Mr. Kerrigan doesn't make a case for holding your client, we'll talk about bail. So let's get to it.'
Judge Robard shifted his attention to the prosecutor.
'Mr. Kerrigan, Mr. Dupre is charged with, among other things, two counts of aggravated murder. ORS 135.240(2)(a) says that I have to grant release unless you can convince me that the proof is evident or the presumption strong that Mr. Dupre is guilty. What's your proof?'
'Your Honor, I'm planning on calling one witness in the case against Mr. Dupre for murdering Wendell Hayes. That should be sufficient to convince the court that there is a strong presumption that Mr. Dupre is guilty in that murder case. The state calls Adam Buckley, Your Honor.'
Like most of the jail guards, Adam Buckley was a big man, but he had lost weight since witnessing the death of Wendell Hayes. He was dressed in an ill-fitting sports coat that hung loosely on his slumped shoulders; he kept his eyes low to the ground as he walked to the witness stand. Amanda had read the report of his interview and she knew that he was on administrative leave as a result of his trauma. She felt sorry for Buckley because she knew what he was going through.
'Officer Buckley,' Kerrigan asked after the guard had been sworn and testified to his occupation, 'did you know Wendell Hayes?'
'Yes, sir.'
'How did you know him?'
'He came up to the jail to talk to prisoners from time to time. I let him in and out.'
'On the day of his death, did you let Mr. Hayes into a contact visiting room at the Justice Center?'
'Yes, sir.'
'What prisoner was he meeting?'
'Jon Dupre.'
'Do you see Mr. Dupre in this room?'
Buckley cast a quick look at Dupre, then looked away. 'Yes, sir.'
'Can you identify him for the judge.'
'He's the man sitting with the two women,' Buckley said without looking at the defense table.
'Was Mr. Dupre in the visiting room when you let Mr. Hayes into it?'
'Yes, sir.'
'You saw him?'
'I went into the room with Mr. Hayes. Dupre was sitting in a chair in the room. I told Mr. Hayes to press the call button if he needed help, then I locked them in.'
'Was anyone else in the contact room?'
'No. Just Mr. Hayes and the defendant.'
'Was Mr. Dupre shackled as he is today?'
'No, his hands and feet were free.'
'Thank you. Now, Officer Buckley, shortly after you locked the two men in together, did you see them again?'
Buckley paled. 'Yes, sir,' he answered in a shaky voice.
