took our place behind the yellow, distressed glass and remained standing.
'Division Thirty, State of California, is in order,' the bailiff said loudly. 'Commissioner Andre Easton presiding.' No gavel, no nonsense. We were off and running.
'This is case number three-four-zero-zero-six, People versus Shane Scully,' the court clerk said. 'Charge being filed against the defendant is one-eighty-seven, murder in the first degree.'
'Who's here on behalf of the people?' Commissioner Andre Easton droned. Because everybody in the room knew the District Attorney was trying this himself, the question was just for the court record.
'Chase Beal for the people,' the D. A. caroled in a loud tenor appropriate for church.
'Glen Gustafson for the defense,' my street fighter rasped.
'How do you plead?' Easton asked, looking at me.
'Not guilty,' I said.
'Okay, I have a motion before me, by the District Attorney requesting a bail deviation. Let's hear about that,' the commissioner said.
Chase Beal cleared his throat. 'Commissioner Easton, this man, Shane Scully, is a suspect in the prior high- profile murder of Police Officer David Slade. He's also now being charged with the first-degree murder of Diamond Simonette. The people don't think a one-million-dollar bond is anywhere near sufficient. Further and to the point, this is an officer who has recently displayed a blatant lack of self-control. He has made two unlawful searches without warrants as well as being unlawfully involved in numerous other cases in the past. We've filed several documents in support of all this. I think you have them in your file up there along with his past Internal Affairs charge sheets.' He shuffled his papers. 'We'd like to…'
'Hold on a minute, Mr. Beal. Let me read this stuff. I'm not from Yale, like you. Went to little old Glendale City College. Gonna take me a minute.' I liked the sound of that. We had a class war going. Then Commissioner Easton looked up. 'Says here the I. A. charges were all dropped in oh-two.' He was frowning.
'Your honor, the people contend those charges were dropped for dubious reasons. Detective Scully's record shows a longstanding slipshod approach to the law. We believe past behavior strikes to character, regardless of whether I. A. filed its charges. It's our contention that, when taken as a whole, this officer's record supports the people's case that he is a rogue cop and, as such, is also a flight risk.' Beal took a breath, then continued. 'As a police officer and notorious rule-bender, he also has access to weapons. He knows the street and could easily obtain a forged passport. Our feeling is he needs to be held with sufficient bail to guarantee incarceration.'
'And what would that figure be?' Easton asked, raising bushy eyebrows.
'Five million dollars,' Beal said.
'Is he kidding?' I blurted. Gunner was looking down into his briefcase and failed to stop my outburst. 'I can't even afford a million,' I raged at the commissioner.
'Shut up, asshole. Let me do this,' Gunner growled under his breath.
'Mr. Gustafson?' Commissioner Easton said. 'Any response?'
Now my guy went to work.
'We City College guys probably just don't get it,' he began. 'As his reasons for this ungodly bail, the District Attorney documents I. A. charges that have been dropped but says we should acknowledge them anyway, while ignoring a distinguished twenty-plus-year career in law enforcement, where Detective Scully has risked his life numerous times protecting the public.' Gunner shook his head in disbelief. 'Further, in response to Mr. Beal's first point, the incomplete Slade murder investigation, let me say, if the people have an actual case against my client on that, then I suggest they file it. If not, then stop talking about it, 'cause it's just not relevant. Further, let me add that my client is a double Medal of Valor winner, who currently is assigned to Homicide Special, arguably the most elite murder squad in the entire country. I would also like to point out that his wife, the acting head of the Detective Bureau, is undergoing brain surgery at UCLA Medical at ten o'clock this morning. As a loving husband, Detective Scully should be allowed to make reasonable bail so he can be there to help make decisions on her behalf. I'd further point out that since this one-eighty-seven is being filed under the Felony Homicide Rule, nobody it seems is claiming he actually killed anybody. It's pretty obvious that my client is being grossly overcharged with Murder One in a transparent attempt to keep him from making bail. At best, this is Involuntary Manslaughter, or Negligent Homicide or maybe nothing at all.'
'Except, as you know, the Arraignment Court doesn't determine the filing, Mr. Gustafson; the District Attorney does,' Easton said. 'Mr. Beal can charge him here with whatever he wants. A trial will eventually determine if he's been overcharged.'
'I know, but trying for unreasonable bail under a bogus Murder One indictment, is certainly something we can discuss in relation to the District Attorney's bail deviance request.'
Easton nodded. 'Fair enough.'
'Third, I sent you an arson report of an incident that occurred at the Men's Central Jail at three a. M. this morning,' Gunner continued. 'You should have the report by now. If necessary, in less than an hour I can fill this court with witnesses to the event. In essence, somebody tried to kill Detective Scully by squirting gasoline into his isolation cell at MCJ and throwing in a match in an attempt to immolate him. You can plainly see his hair and arm are burned. Unless Mr. Beal can guarantee that the jail will do a better job of keeping this man alive, I don't think we should further risk his life by forcing his incarceration in an unsafe facility under overreaching and unfair bail requirements.'
The commissioner turned to his clerk, who was just returning from chambers and handed Easton the arson report. He quickly scanned it, and then looked up.
'Anything to say, Mr. Beal?'
'Commissioner, what happened in that jail or why, has no effect on this hearing. Should we now let everybody out because one attempt was partially successful down there? That's ridiculous. The incident, such as it was, is being investigated. If a crime was committed, charges will be filed.'
'Okay. Proceed, Mr. Gustafson,' the commissioner said.
'We have also filed a bail deviance request of our own,' Gunner said. 'My client can't make the million-dollar bond. We want the bail lowered to five hundred thousand dollars, which is in keeping with the facts surrounding the charge. Detective Scully needs to be at his wife's side. Further, in attesting to Detective Scully's stability, the court should note that he has a son enrolled at USC and a house in Venice, California, that is almost half paid for. This man is not going to cut and run, Commissioner. He'll be here for trial.'
Commissioner Easton was in a tough place. Whatever he did, his decision was going to be second-guessed. I could see the frown stretch across his craggy face. Finally, he looked down at us and pronounced his decision.
'Bail will be left at one million dollars,' he said, playing it safe.
'Your honor, I don't have a million dollars,' I blurted.
'Then you're remanded to custody at the county jail until trial. Preliminary hearing is on October twelfth. Clear the court,' he said and the bailiff turned and waved at the COs to come get me. As this was happening, Gunner Gustafson was reaching for his vibrating cell phone.
'Man, not even eight-thirty and this thing is already giving me a rubdown.' He flipped it open and answered it. 'Yeah… yeah… sure. I guess.' He turned at looked at me.
'You switching lawyers already?' he frowned. 'I'm a better kisser than that, aren't I?'
'What are you talking about?'
'Pryce Patterson for you.' I must have looked confused, because he added, 'Senior partner at some white- shoe Beverly Hills law firm. He's their big muckety-muck.' Gunner handed the phone over. 'Knock yourself out.'
'Hello?' I said.
'Is this Shane Scully?' a cultured, nasal voice said.
'Yes.'
'Has your bail been determined yet?'
'A million dollars, why?'
'I'm right downstairs in the lobby with an open cashier's check. If you'll meet me at the bail clerk's desk, we'll do the paperwork and you'll be out of here in a jiff.' 'A cashier's check? How come?'
'My client, Lionel Wright, has taken an interest in your case,' the nasal voice replied.
