the answer when she'd ask how you were doing. Are you guys getting
anywhere on nailing whoever did this to her?'
'Bureau's working on it,' I said, shaking my head, 'but nothing yet.
That's actually why I stopped by. We want to look at her files to see
if someone might have had a grudge, but we're having some problems
getting in. I don't want to get too far into an explanation since it
would be ex parte, but I'd like to get someone over here from the City
Attorney's Office, if you don't mind.'
Judges weren't supposed to talk about a case with only one of the
lawyers present.
'I take it Coakley's not letting you in?' he asked.
'Well, he hasn't said one way or the other, but I wanted to do the file
review yesterday. I even walked over there and was ready to do it.'
'Let's see what he's got to say about it.'
He picked up his phone and punched in a number from memory. After Lesh
was a prosecutor and before he was a judge, Coakley was Lesh's Duncan
Griffith. Some bad blood was rumored, so this might be fun.
'Dennis Coakley, please. This is Circuit Court Judge David Lesh.'
Lesh was too much of a pro to drop his poker face, but I'd heard him
make calls before. He's usually just plain old David Lesh.
'Mr. Coakley, how are you? .. . I've got Samantha Kincaid in my
chambers. Do you have a second to walk over here for a quick
discussion? .. . Well, she doesn't seem to agree.... Unless you tell
me she can get in there right now to see what she wants to see, I think
you do have a disagreement.... I know it's unconventional, but it's
also the easiest way to do it. Do you really want to formalize this? I
could have her apply for a warrant, in which case you wouldn't even be
here for my decision.... All right, I'll see you in a few.'
A pissed-off Coakley walked in a few short minutes later. If we'd been
in Toon Town, his face would have been red, his ears smoking, and he
would have been storming in at a forty-five degree lean. In the real
world, his neck vein was pulsing. Not nearly as cute.
'All right,' Lesh said, once Dennis was settled, 'any need for a court
reporter?' We both declined. 'Just so you know,
Ms. Kincaid was careful not to tell me too much about the nature of
the dispute until you were here. I know she wants to look in Clarissa
Easterbrook's files, and you told me you didn't feel you were able to
accommodate that, at least not on the DA's timeline. Is that about
right?'
I nodded, but Coakley had come ready for a fight. 'Honestly, Judge, I
can't even believe we're here. Ms. Kincaid showed up at my office
yesterday, unannounced. I gave her the one and only file she described
as being of interest, and I've been working ever since to view the
remaining files for privileged information. I'm nearly done, and
pulling me away from that process only slows things down. I feel
ambushed.'
Lesh asked me if I wanted to respond.
'I was not trying to ambush anyone, your honor. The problem is that
Mr. Coakley assumes he has the singular right to decide when and where
and under what terms those files can be reviewed as part of a pressing
homicide investigation. The fact of the matter is I could have applied
for a search warrant and shown up at City Hall with police to execute
it. I thought having a judge mediate the discussion might facilitate
an agreement about the matter.'
'Right,' Coakley scoffed, 'and you just happened to pick a judge who
used to work for me.'
Lesh made a T with his hands. 'Whoa, that judge is still in the room,
thank you very much. As you know, Dennis, I made a decision when I
became a judge not to remove myself from all cases involving the city
or the DA's office, just the ones that were pending while I worked for
those offices. That said, if you think I'm biased, you are welcome to
ask me to recuse myself, and I won't fight it. We'll get another judge
for you. Just say the word.'
Local custom holds that judges will remove themselves from a case based
solely on an attorney's request. But local practice holds that no
lawyer ever actually makes such a request lest it burn them down the
road, either with the challenged judge or the one unlucky enough to
pick up the extra work.
'That's not necessary, your honor.'
'Then let's get down to business. You know why the DA wants to get
into those files: There's always the possibility that someone on a case
had it out for Clarissa. Tell me precisely what your concern is about
letting her have a look.' Lesh gestured at me. 'You'd be doing the
review, right? Not your officers?'
'That's correct, your honor.'
Coakley repeated the same line he'd given me the day before.
