Hostile Witness (8 page)

8

Hannah looked exactly as Josie hoped she would: stunned, vulnerable and innocent. That was good. Fear could be very useful when your client was arrogant, disturbed and young.

Her hands were cuffed making it impossible for her to twirl her hair. The space reserved for the accused was too wide for her to touch a wall.  Her hands rose and fell in frustration; she connected with nothing. Panic showed in the way she licked her lips, the way her eyes searched for, and found, her mother.

Josie glanced at Rudy Klein in time to see a shadow of regret pass over his face. Their eyes locked. He was younger than she, but not by much. He had cut his prosecutorial teeth on the Kristin Davis case as a pinch hitter and Rudy had given Josie a good run. Today he was a surprise, a challenge. She wished the prosecutor had been a stranger.

Josie looked away. Her palms were moist, her heartbeat noticeable. It had been too long since she’d been responsible for someone’s whole life. She was afraid. But there was no turning back now so Josie faced the bench. It was time to play.

“Good morning. Call the case of the People v. Hannah Sheraton.”  Judge Davenport planted her elbows on the desk, clasped her hands and gave them permission to touch gloves. “Counsels?”

Rudy Klein and Josie Baylor-Bates identified themselves.  Davenport gave the nod to Josie who waived the reading of the complaint. Everyone knew why they were there.  Davenport swiveled toward Hannah. All eyes followed.

“How do you plead?”

“Not guilty.”

Hannah looked past Josie to Linda and something passed between mother and daughter. Assurances. Strength. Commitment. Whatever it was, Hannah was overwhelmed by it. She swayed slightly, closed her eyes briefly, and then looked at Josie. She gave Hannah an encouraging nod, knowing whatever she did could never match what a mother had to offer.

Davenport was on to business.

“So recorded. If there are no objections, I’ll set a date for a preliminary hearing eight days from today. That will be on. . .”

“Your Honor,” Rudy interrupted, “the prosecution will be proceeding directly to the grand jury for indictment.”

Stoned faced, Josie kept her surprise to herself. A grand jury indictment meant that Hannah could be bound over for trial without her defense attorney being privy to the prosecution’s case. Not a good thing.

“When is the grand jury scheduled to meet, Mr. Klein?”

“In three days, Judge,” Rudy answered. “We’re already scheduled.”

“Your Honor, I’d like for the D.A. to present any exculpatory evidence to the grand jury and save the defense, this court, and the taxpayers time and money,” Josie argued.

“If there were any evidence to exonerate Ms. Sheraton we wouldn’t be here.”

Rudy smiled brilliantly. Josie ignored him. She’d seen his act before: handsome and boyish, nice suit, charm the pants off everyone within spitting distance.  An ex-actor who decided being a lawyer was better than playing one, Rudy Klein had a perfect stage presence, a prosecutor’s conviction, and a good mind to boot.

“Very well, then. Notify my clerk immediately if the grand jury indicts. Do either of you have any other business?”

Josie was about to speak when Davenport furrowed her brow and directed her peevishness in the general direction of Josie’s camp.

“Bailiff, what is that noise?”

All eyes went to Josie and, not finding the answer to that question, segued toward Hannah.  She had closed in on the wood and glass partition, hungry to make contact with something. Her knuckles drummed and knocked against the wood. Her wide lips parted as if she were blowing on a candle as she breathed the count, comforted in her recital, removed from this place and these proceedings.

Embarrassed to be caught napping, the bailiff took Hannah’s arm and moved her back. Like an animal disturbed in sleep Hannah bristled but Josie caught her eye.  Hannah stepped back but, unable to control herself, she lunged forward again. The bailiff held her tight.

“Apologies, Your Honor,” Josie said to the court.  “My client suffers from obsessive/compulsive disorder and has been under a psychiatrists care for some time. In order for her to continue her treatment, I would like to arrange for bail at this time.”

Rudy was right there.

“Judge, this woman set a devastating fire that resulted in Fritz Rayburn’s death.  This is a woman with a long history of drug and alcohol abuse. . .”

Josie cut in, demanding the judge’s attention.

“This is a young girl who has been under a doctor’s care. We will report on her rehabilitation as a condition of her bail. And, I might add, Ms. Sheraton has been wrongly detained. She was, in fact, burned in her attempt to put out the fire that occurred at the Rayburn home. The prosecutor should save his opening statement for the appropriate time, when he has an appreciative audience.”

“And Ms. Bates shouldn’t jump to conclusions, Your Honor. The defendant is unreliable. She has not been a willing participant in her own rehabilitation.  In July of two thousand and two she escaped from the Forman Rehabilitation Center in Oregon. . .”

“If it pleases the court,” Josie drawled in disgust.  “The Froman Rehabilitation center in Oregon is not a prison facility. She wasn’t in custody when she entered, and she was not on the lam when she left.”

Rudy was still reciting Hannah’s transgressions as if he had Davenport’s ear since the first minute he opened his mouth.

“In September of two thousand and three Ms. Sheraton was AWOL from another clinic in Northern California.  As recently as six months ago, the defendant was apprehended in San Diego just before reaching the Mexican border.   In her company was one Miggy Estrada who had an extensive juvenile record and two arrests since his eighteenth birthday. They had stolen her stepfather’s car. In short, Ms. Sheraton is a flight risk, Your Honor.”

Josie came back seamlessly into the argument.

“I can bring two thousand files into this court on Los Angeles teenagers who have been joyriding.  Ms. Sheraton holds no passport. Her driver’s license has been revoked. She is, at worst, high-strung – much like the prosecutor, who seems prone to melodrama.” 

“And the defense is naïve, taken in by the defendant. She is not giving enough weight to her client’s actions,” Rudy responded. “Ms. Bates should have learned something from her previous experience.”

“That is a cheap shot and irrelevant. We are talking about my client’s alleged actions,” Josie argued angrily, “there is still the burden of proof, and I don’t shoulder that particular burden.”

“We are talking about the death of a California Supreme Court justice.” Rudy talked over her.

“Who died in this tragic fire should be of no consequence to this court’s final decision.  Determining whether or not my client is eligible for bail is this court’s only business.”

“There is no need to tell this court its job, Ms. Bates,” Judge Davenport snapped. “And both of you seem to prefer arguing at each other rather than convincing me of the matter at hand. I would suggest you behave and get on with it. I have a full calendar.”

Josie took a deep breath. This wasn’t like her. She felt like a child pointing a finger at a playmate. He started it. In years past she had been smoother, more self-assured. In the beach court she was downright laid back. Her nerves were showing. She had reacted badly when she should have steered the argument. That wasn’t good. When she spoke again it was with a modulated voice, and eyes that did not dart toward Rudy.

“I’m sorry, Your Honor. But the question of bail is clear. Since the fire at the Pacific Palisades home the defendant’s family has moved to Malibu. Flight is more than difficult given the isolation of the property.  If Mr. Klein is that skittish, we’ll submit to court ordered home monitoring. The Rayburns will pay the fee and allow the prosecution access to the reporting so Mr. Klein can sleep at night.”

Josie stepped out from behind the defense table, a confident calm coming over her as the territory became more and more familiar.

“I would further like to make a motion that the court considers a change of venue. The press coverage will be extraordinary in Los Angeles making it difficult to pick a jury. A move to Ventura County might be preferable.”

“Oh, please. Your Honor!” Rudy’s hands were raised in a gesture of amazement. “This is ridiculous.  In this case, who the victim is
does
matter.  Justice Rayburn served all of California, and all media will give equal weight to covering the story.”

Judith Davenport had heard enough. Her clerk handed her a note.  She glanced at it, folded it, and wrapped up the matter of The People v. Hannah Sheraton.

“You’re right, Mr. Klein. The motion to change venue is denied. Deal with the press as you see fit, Ms. Bates. As to the bail request, there is a difference between someone leaving a private institution and fleeing the jurisdiction.  Bail is set at a million dollars. I won’t require monitoring, but let me be clear. If your client so much as brushes up against the line of the restrictions of her bail she will be back to square one. No second chances. Understand, Ms. Bates?”

“Yes, Your Honor. Her family is willing to take full responsibility.”

“I hope they keep their eyes open.” Davenport raised a brow as if to say the alternative wasn’t pretty.   What happened to good old Fritz was top of every judge’s mind these days. None of them would want Hannah under their roof.

“One last item, Your Honor.” Josie raised her hand.  “I would like to request that Mr. Klein bring forward any eyewitnesses he has to the alleged arson.”

“So ordered, Mr. Klein.” The judge intoned.

“We have no such witnesses, Judge,” Rudy responded.

“If that circumstance changes, the order stands. Advise the court and arrange for a line-up. Are we finished?”

They were.

Rudy packed up and walked out without another word to Josie. Hannah disappeared with the bailiff, a young man with long, dark hair stood in her place. Linda stood up and fell in step with Josie.

“I knew you could do it,” Linda said under her breath. She clutched Josie’s arm, holding her tight. “Didn’t I say you could do it?”

“It’s only the first step. There’s a long way to go. The grand jury. . .”  Josie’s eyes stayed on Rudy’s back longer than she realized.  She was curious about his vehemence. It seemed he was taking Hannah’s case personally.

“But I can take her home now, right?”

Linda tugged on Josie’s arm. Josie nodded, attentive to Linda as they left the courthouse together. 

Josie?” Linda asked as she reached for her sunglasses once they were outside. “Do you think someone saw who set the fire? Is that why you asked about a witness?”

“No. It’s a standard question. I didn’t really think they had anyone.” Josie dug for her keys and kept talking. “But they have something; otherwise they wouldn’t be taking this to the grand jury.”

“Is that a problem?”

“It means there won’t be a pretrial hearing. That mean’s the grand jury votes to indict based on what Rudy tells them. There is no chance to present a defense case. I don’t like it.”

“I didn’t think they had an eyewitness,” Linda mused, seemingly relieved. “The house is so far off the street. It was so late. Everybody’s got security patrols.”

“I’d actually prefer an eyewitness.  I’d have someone to discredit.” Josie took a deep breath. She smiled her reassurance. “Look, I’m not even conceding the fire was deliberately set, but I have to assume the prosecutor’s solid on that. . .”

“Hey, Josie.” Huddled together, Josie hadn’t seen the AP reporter until she was right on top of them. “Nice to see you back in the thick of things, Josie. What’s your take on the charges?”