No Way Out

“Think so. She maced him in the face so she must be pretty tough.”

The rookie looked at the Mercedes.

“You say he was a dealer?”

“That’s what his rap sheet says.”

“He must’ve been making some serious dough.”

“Oh yeh that’s another thing. She said that one thing that caught her attention just before he jumped her was the car, because it matched the description of the one in the case she’s covering.”

“What the Claymore rape case?”

“Yeah.”

“Well maybe we should check it out.”

“I was planning to.”

The older cop put in a call on his radio. About twenty seconds later the dispatcher replied.

“Those license plates come from a 1993 Pontiac Firebird licensed to one Louis Manning in New Mexico.”

“Okay thanks,” said the older cop. He looked over at his partner to make sure that had heard it.

“So he used his old plates,” said the rookie.

“That’s the way they do it. Steal a top-of-the range Merc to replace an aging Pontiac and transfer the legal plates to the stolen vehicle.”

“But we can check the VIN to trace the real owner.”

“Exactly.”

The older cop smiled. He’d seen it all before: the young, eager rookie showing off how much he’s learned. He’d been like that too, when he was rookie.

They walked over to the car as it was being hitched to the tow truck. The tow truck team stood back while the rookie and his partner opened the driver’s door and looked for the plate on the dashboard with the serial number. The rookie spoke into his radio.

“We need a make on Vehicle Identification Number 4DB-NG-7-zero-JX-9K-234-299.”

The dispatcher came back even more quickly on this one.

“That vehicle is registered with the California DMV as a Mercedes belonging to Elias Claymore.”

“Okay, thank you,” said the rookie, letting out a whoop of delight.

Thursday, 20 August 2009 — 12:10

Martine was in the rape suite at the police station in the Frank H Ogawa Plaza. Unlike Bethel Newton, they hadn’t taken any vaginal or oral swabs or even nail clippings. But they had taken photographs of her injuries and tapings from her clothes to show fiber matches with Louis Manning’s clothes.

The victim chaperone dealing with her had told her not to be surprised if Manning tried to use a consent defense, but pointed out that her injuries would be corroborative of her version of events. There seemed to be a sense of gloom however, as if to make her aware of the fact that she could expect her reputation to be attacked by the defense lawyers as a matter of course.

That reminded her about one very particular defense lawyer whom she wanted to call. She asked if it was okay and when the victim chaperone said yes, she whipped out her cell phone and put in a call to Alex. She was expecting to get his message box, because he was in court, but was surprised when he answered in person.

“Martine where are you?”

“I’m at the police station up at the Ogawa Plaza.”

“Why what’s happening there?”

“I was attacked.”

“What?”

“Some one tried to rape me.”

“Holy shit! Who?”

“I don’t know his name. I got him with pepper spray and the cops busted him.”

“Are you all right?”

“A bit shaken, but everything intact.”

“Thank God.”

“Anyway, I just wanted to let you know. I’m okay. Don’t worry.”

“I’m coming round there.”

“No need. I’ll probably be through here in fifteen or twenty.”

“I’ll ask for an adjournment.”

“There’s no need.”

“But I want to.”

She gritted her teeth, but felt a tinge of amusement at Alex’s reaction.

“Did anyone ever tell you, you’re very stubborn?”

“Only Mrs. Sedaka.”

“Melody?”

“No, my mother.”

Martine couldn’t help but smile at Alex’s reaction.

“Okay, you do whatever you must. Like I said, I’ll be here for at least the next half hour.”

Thursday, 20 August 2009 — 12:15

“Let me see if I’ve understood this, Mr Sedaka. You want me to grant your request for an adjournment, so you can visit your girlfriend a few blocks away?”

Justice Wagner’s tone was condescending rather than indignant. But Alex was left in no doubt as to how she felt about what he realized might seem like a frivolous request.

“She’s not my girlfriend, Your Honor, just a professional friend. And she’s pretty badly shaken up.”

“But you said yourself that this was only an attempted rape and she hasn’t even been hospitalized.”

“Yes, but she must be in shock. It’ll probably hit her later.”

“And when it does, you can comfort her — this evening. But right now, we have a case to try.”

“Your Honor, if I’m forced to conduct my cross-examination while I’m thinking about this, it might affect my performance.”

“I hope you’re not going to try and make your client pay for your concern about your girlfriend — sorry, your ‘professional’ friend.”

“I’m not saying I’ll do anything less than my best. But my concern for Miss Yin is genuine and may affect my performance. And even if it doesn’t, my client might claim that it does. He might claim incompetent representation by counsel and use it as grounds for appeal.”

“Which would hurt your reputation.”

“And threaten to undermine the verdict.”

Sarah Jensen stepped in.

“Why can’t Ms Phoenix conduct the cross-examination?”

All eyes turned back to Alex.

“This is a very complex area of law and science, Your Honor, and my co-counsel may not be sufficiently well- versed in this area to-”

“Come off it, Mr Sedaka. Ms Phoenix is an experienced trial attorney. She has been a prosecutor in New York City as well as defense counsel. Unlike you, she’s worked the criminal courts from both sides and she’s more than capable of conducting a rigorous and thorough cross-examination of the witness.”

Alex found himself almost stuttering.