“Denton has refiled for one count of vehicular manslaughter — which you knew about — and one count of second degree murder. With malice.”
“Which means what?”
“Under these circumstances, murder carries a sentence of fifteen years to life.”
Madison fell silent. He found the chair behind him and eased into it slowly, trying to absorb all this.
“I really should’ve told you this face-to-face.”
Madison cleared his throat. “What did you mean by ‘under these circumstances’?”
“Malice means that you acted out of abandonment with a malignant heart.”
“Malignant heart?”
“The medical examiner found that the second victim, the woman, died of internal hemorrhage. They’re claiming that had you stopped after hitting her, being a physician you could have provided emergency medical care that could have kept her alive — and at the very least, you could’ve called 9-1-1 from your cell and had emergency care there within five minutes. There’s a good chance she would’ve lived.”
“You’re talking like I did it.”
“C’mon, Phil. I was speaking figuratively.”
Madison sighed, ran his fingers through his hair. “So what does all this mean?”
“It means that we go before the judge again and Denton gets to file the modified charges against you. It’s a new arraignment, same as the one before. We’ll be in and out in ten minutes.”
“Another ten minutes of humiliation.”
“It also means that we’re now fighting for more than preserving your reputation as a fine surgeon. We’re now fighting for your life.”
THE NEW ARRAIGNMENT WAS set for nine in the morning at the Municipal Court building, at the same department in which the original arraignment was held. Judge Barter drew the call again, and sat high on his bench, looking somewhat bored. Hellman disliked Barter, but made every attempt to mask his feelings. Hellman was known for his polite manners: no matter what a judge would say to him or his client, he was always respectful. Firm, but respectful. It was behavior of this sort that earned Hellman some brownie points when the score was close — and criticism from opposing counsel who knew exactly what Hellman was doing, but who were not nearly as adept at pulling it off. When Hellman did it, it sounded genuine; when others did it, it was transparent and contrived, and the judge usually admonished them for it in open court.
“Your Honor,” Denton said, “as you know, we have refiled the complaint against the defendant.”
“Proceed,” Barter said.
Denton arose and tugged on the bottom of his suit coat. “We have determined that circumstances exist which constitute abandonment with a malignant heart, section 830.2 A and B of the Penal Code. There are also grounds for two counts of leaving the scene of an accident.”
Barter removed his glasses. “Mr. Hellman, has your client been made aware of this refiling?”
“Yes, sir.”
“Does he understand the implications, counselor?”
“Yes, Your Honor, I’ve explained the situation to him. He’s well aware of the possibilities.”
The judge looked down at Madison for a moment, then nodded. “Very well.”
Denton arose again and straightened his suit. “Your Honor, the people request that bail be reconsidered in light of the new charges, and be upgraded to one million dollars.”
“Again with the million dollars,” Madison said under his breath.
Barter glared at him, then turned to Hellman. “Counselor, your response?”
“Your Honor, as I mentioned at the arraignment, Dr. Madison poses no flight risk. He’s married with two children, and not likely to skip town on them. Further, he’s a respected member of the community and would like nothing more than to clear his name and continue with the practice of medicine. In fact, he has several difficult surgeries scheduled. He wouldn’t abandon his patients.”
“Your Honor,” blurted Denton before Barter could rule, “the people believe that Dr. Madison does indeed pose a flight risk. More so than before, in fact. His wife and children have left him and moved to an undisclosed location. And his practice has been falling steadily — ”
“Son of a bitch,” Madison yelled at Denton.
“Your Honor?” Denton shouted, looking back and forth between Barter and Madison.
“Enough is enough,” Madison said, his face red…his eyes boring into Denton’s. “I don’t have to take that — ”
“Dr. Madison,” Barter said, “I’m not going to tell you again. If you so much as utter a word when not spoken to, I will have you removed from this court. And you should count your blessings that this is not the beginning of your trial wherein I’m the presiding judge.”
Hellman kicked him hard in the shoe with his foot.
Madison looked up at the judge.
“I will not have these types of disrespectful outbursts in my courtroom. Am I being clear?”
Madison nodded, took a deep breath. “Yes sir. I’m sorry, sir.”
“Good. Now, on the matter of bail, I believe that the sum of five hundred thousand dollars previously established is and was sufficient. Any objections, Mr. Hellman?”
“None, Your Honor,” Hellman said.
“Mr. Denton?” Barter asked.
Denton shook his head and the judge appeared satisfied. “Very well.” He banged his gavel and tossed the file aside.
Hellman gathered his papers together, then turned to Madison. “Phil — ”
“I know, keep my mouth shut.”
“I had stronger words, but that’s the idea.”
“Sorry. This whole thing has really worn on me. Sometimes even I can’t believe my own behavior.”
“Well, hopefully this ‘thing’ will go away. Until then, don’t help Denton bury you. He’s taking notes on you, studying you. That comment about Leeza leaving you had nothing to do with the amount of bail he wanted — he was testing your reaction, to see how you’d handle pressure as a witness should I decide to put you on the stand.”
“It’s all a game to him, isn’t it?”
Hellman glanced over at Denton, standing forty feet away. “I don’t think he considers it a game. But if you want to use that analogy, then just remember this: he’s playing to win.”
THE PRELIMINARY HEARING WAS scheduled for five days following the arraignment. When the bailiff called Madison’s case, Judge Barter had been sitting behind his bench for three hours and was anxious to break for lunch. Hoping to dispose
