McKenzie hesitated for a moment. 'After.'
'Is it possible, then, that Mr. Hayes could have slipped something by you in his jacket or briefcase while he was talking to you about the Blazers and the reporters were distracting you with their bright lights and chatter?'
'Something like what?'
'Something like Exhibit One.'
McKenzie's mouth gaped open, Kerrigan shot Amanda an incredulous look, and a low rumble erupted in the spectator section. Judge Robard rapped his gavel.
'It didn't happen like that,' McKenzie insisted.
'But it could have?'
'Anything is possible. But Hayes didn't smuggle in a knife, and even if he did, your boy committed murder.'
'Move to strike that last response, Your Honor,' Amanda said. 'And I'm through with the witness.'
'I'll strike it, Miss Jaffe,' Judge Robard said, 'but I'm having trouble seeing where you're going with this. I assume you'll clear up my confusion when you make your argument.'
'I don't have any questions for Officer McKenzie,' said Tim Kerrigan, who looked amused.
'Any other evidence for either side?'
'No,' Amanda and Kerrigan said.
'Argument, Mr. Kerrigan, since you've got the burden.'
'The question before the court is whether the state has met the burden imposed by ORS 135.240(2)(a) of proving that Mr. Dupre's guilt in the murder of Wendell Hayes is evident and that the presumption of that guilt is strong. If we do, the court must deny release. Officer Buckley testified that there were only two people in the contact visiting room--the victim, Wendell Hayes, and the defendant--and they were locked in. He also testified that he saw Mr. Dupre stab Mr. Hayes, and it is stipulated that Exhibit One is the weapon that was used to kill Mr. Hayes. I don't think I've ever heard more convincing evidence of guilt, Your Honor.'
Kerrigan sat down and Amanda stood.
'Let's cut to the chase here, Ms. Jaffe,' Robard said. 'Are you going to argue that Wendell Hayes smuggled Exhibit One into the jail?'
'There's no evidence that contradicts that position.'
Robard smiled and shook his head. 'I have always considered you to be one of the brightest and most creative attorneys in the Oregon Bar, and you have not disappointed me, today. Why don't you tell me the next logical step in your argument.'
'If Wendell Hayes smuggled the knife into the jail, my client acted in self-defense, negating Mr. Kerrigan's proof of guilt.'
'Well, that's right, if there was any evidence that Mr. Hayes attacked your client, but the only thing I heard was that Mr. Dupre was wielding the knife. He even threatened Officer Buckley.'
'Officer Buckley didn't see everything that happened in the interview room during the crucial time between locking Mr. Hayes and Mr. Dupre in together and seeing my client stab Mr. Hayes.'
Robard chuckled and wagged his head. 'You get an A--no, an A-plus--for effort, but no cigar. I'm denying release in the case involving Wendell Hayes, and setting bail of one million dollars in the case involving the murder of Senator Travis. Unless there's something else, this hearing is adjourned.'
'He didn't listen to a thing you said,' Dupre said bitterly.
'I didn't expect him to, Jon.'
'So you're saying I'm dead?'
'Not at all. I told you that our forensic expert will testify that your cuts are defense wounds that you could only have gotten if you were being attacked by a knife.'
'Why didn't you tell that to the judge?'
'I don't think it would have swayed a hardnose like Robard, and I want to save some surprises for trial. We're working on other leads, too, so don't give up.'
Amanda and Dupre spoke for a few more minutes before she signaled Larry McKenzie that her client was ready to go back to the jail.
'I hate to see this cockroach jerking you around,' McKenzie said as he tugged on Dupre's chains to get him to stand.
'I'm sorry if I surprised you, but I didn't think of calling you until Officer Buckley testified.'
'No hard feelings,' McKenzie told her, but Amanda wasn't certain that he meant it.
'I appreciate the preview of coming attractions, Amanda,' Tim Kerrigan said when Dupre was out of earshot.
'We aim to please.'
'You're not really going to argue that Dupre killed Wendell Hayes in self-defense, are you?'
'We'll see.'
'Good luck.'
