After his run, Peter showered, dressed for court and brewed a cafe latte in the espresso machine he had brought with him from Portland. He drank the latte with his breakfast at a rickety wooden table in his postage-stampsize kitchen. Amos Geary had been dragging Peter around Blaine, Whitaker and Cayuse counties so he could meet the D.A."s, judges and court personnel.
Geary had not let Peter handle anything by himself but Peter was starting to realize that criminal law was not that difficult. After breakfast, Peter walked to the court ... ... ... ... ... . aided house to watch Geary handle the preliminary hearing in Christopher Mammon's case.
Criminal complaints in felony cases were lodged in the district court, but only a circuit court had jurisdiction to try a felony. There were two ways to change the jurisdiction of a felony case to the circuit court: A grand jury could meet in secret and hand down an indictment or a district court judge could hold a preliminary hearing in open court and order the case bound over to circuit court. District attorneys loathed preliminary hearings because they gave defense attorneys the opportunity to hear the state's case and cross-examine the state's witnesses. It was very rare to hold a prehin in cases as serious as Mammon's. Amos Geary had been shaking his head about the development all week, but he was not going to look a gift horse in the mouth.
The four-story courthouse was the tallest building i in Whitaker. It was a square, no-nonsense edifice of gray stone and it stood at the end of High Street across from Wishing Well Park. The office of the district attorney was on the to floor above the two circuit courts. The p administrative offices and the traffic court were on street level. Misdemeanor cases and certain preliminary matters in felony cases were handled in the district court, where the preliminary hearing for Christopher Main mon and Kevin Booth was to be held.
Peter walked up the central staircase to the secondfloor courtroom and found Steve Mancini standing in the hall talking to the cutest thing Peter had seen since mavin g to Whitaker. Peter figured her for five two at the most. She had curly red hair, freckles that made her look like a high schooler and a body that was definitely not adolescent. just looking at her made Peter feel all mushy and downright lascivious at the same time.
Mancini waved Peter over. "You're here to help Amos wit the prelim, aren't you?"
"Yeah. He wanted me to sit in," Peter said, fighting to keep from staring at the redhead.
"Then, you should meet Becky O'Shay, Whitaker's so most vicious prosecutor. Becky, this is Peter Hale. Watch out for him. He's a big-city lawyer who's moved to the sticks to prey on innocent young things like you."
O'Shay looked up at Peter and he swore she was gazing into his eyes with something more than polite curiosity.
"Pleased to meet you, Peter," she said. Her voice sounded like the trill of clear water rushing over smooth stones in a mountain stream. O'Shay extended a tiny, delicate hand. Peter took it and felt a jolt of electricity.
"Time to go, boys and girls," M ancini said.
"Are you involved in this case?" Peter asked him.
"I'm representing Kevin Booth, the co-defendant."
O'Shay entered the courtroom and Peter watched her walk to the prosecution's counsel table. When he tore his eyes from her, he saw Christopher Mammon sitting with Amos Geary at the defense table. The two were chatting as if they were old friends and Geary did not seem the least bit intimidated.
To Mammon's right was Kevin Booth. Mancini's client was a mess. His jumpsuit sagged on him, his dirty black hair was uncombed and pimples dotted his pale skin. The contrast between Booth and Christopher Mammon was amazing. Although they were facing sentences that would keep them in prison for eons, Mammon looked as if he was going to fall asleep, while Booth's prominent Adam's apple bobbed up and down from fright and he could not keep his hands still. When Mancini sat beside him, he jumped.
Peter edged behind Mammon and Geary and sat at the end of the table. His boss looked up at him with bloodshot eyes.
"Good morning, Mr. Geary," Peter said.
Before Geary could reply, the bailiff rapped his gavel and District Court judge Brett Staley, a short, balding man with thick glasses, ascended to the bench. Becky O'Shay told judge Staley that Earl Ridgely, the district attorney, was on vacation and she was handling the preliminary hearing. Then, she called her first witness, Jeffrey Loudhawk.
A dark-complexioned man with high cheekbones and straight black hair was sworn in. He was wearing the uniform of a Whitaker State campus security pard.
After some preliminary questions, O'Shay askd Toudhawk if he had seen either of the defendants on the evening of May 22.
"I saw both of them."
"Tell judge Staley how you came in contact with them."
"Yes, ma'am. I was patrolling around ten o'clock when I noticed the defendants seated in a car at the far end of the parking lot."
"Was the lot crowded?"
"Yes, it was. Classes were 'just I ti j et ng out and there were a lot of students milling around and a large number of cars."
"What was it that attracted you to these two gendemen?"
"The dome light came on suddenly and I was able to see into the car. Something about Mr. Booth looked odd. When I came closer I saw a rolled, ten-dollar bill in his right nostril."
"Why did that attract your attention, Officer Loudhawk?"
"I've attended seminars on narcotics cases run by the Oregon State Police and I know, from my training, that addicts use rolled bills as straws to assist them in snorting cocaine."
"What did you do after you saw Mr. Booth with the bill in his nose?"
"I radioed for assistance using my walkie-talkie. Ron Turnbull, a fellow security guard, arrived and we approached the car. I went to Mr. Booth's side and Officer Turnbull went to the driver's side."
"Then, Mr. Mammon was driving?"
"Yes, ma'am."
"What did you observe when you reached the car?" -Mr. Mammon was sitting behind the wheel of the car with his head against the headrest. Mr. Booth was in the same position in the passenger's seat with his eyes closed." -Where was the ten-dollar bill?" -I found it on the floor of the car on Mr. Booth's side." -What happened next?"
,Officer Turnbull told Mr. Mammon to freeze and I did the same with Mr. Booth. They both complied. I looked across Mr. Booth and saw, in plain view, a transparent, plastic Ziploc bag filled with a white powder."
,Where was this bag?"
"Halfway under Mr. Mammon's seat on the driver's side."
"Did you see anything else that your training led you to believe was associated with narcotics use?"
"Yes, ma'am. I saw a mirror in a map holder on the driver's side." -Why did the mirror interest you?"
"I know from my training that users of cocaine will prepare the drug on a mirror before snorting it."
"What happened after you saw the bag of powder and the mirror?"
"I asked Mr. Booth what the powder was. He said he didn't know. I accused him of snorting cocaine and he denied it. Then, I placed both men under arrest and radioed the Whitaker police for assistance. When the police arrived, I turned over the prisoners, two bags of cocaine, the mirror and the rolled bill."
"Nothing further."
Peter thought the case against both men looked open and shut. Geary asked a few perfunctory questions of the witness, but his heart was not in it. Then, it was Steve Mancini's turn.
"Officer Loudhawk, how far from Mr. Mammon's car were you when you saw Mr. Booth with the bill in his nose?"
"It's hard to say."
"Several car lengths?"
"About six. "And you saw no mirror when you observed Booth with the bill in his nose?" Mr. "No, sir."
"Out of curiosity, was a test administered to Mr. Booth to determine whether or not there was cocaine present in his blood?"
"Not that I know of."
"No further questions."
Booth leaned over to Mancini. He was upset.
"Is that all you're asking? Why didn't you make him say he didn't see me with any coke? He's lying. They planted the dope and the bill. Call him back."
"Calm down, Kevin. Let me do my job."
"But he said he saw me snorting coke."
There were beads of sweat on Booth's forehead and his eyes were dancing everywhere.
"Will you shut up? I've got to concentrate and I can't do it with you whining in my ear."
Booth chewed on his lip for a moment. Then, he said, "Okay. I'm sorry. I just don't want to go to jail for something I didn't do. I'm innocent. This is all bullshit.
I didn't even have that bill in- my hand."
"Right, Kevin, I believe you," Mancini answered sarcastically. "Now how about letting me listen to this witness."
Miles Baker, a chemist with the Oregon State Poll ice, finished testifying about his qualifications. Then he explained how he determined that the substance in the two bags was cocaine. Geary did not cross-examine.
"Mr. Baker," Mancini said, "the evidence log lists several other items that were turned over to you, including a ten-dollar bill and a mirror. Did you test the bill and the mirror for traces of cocaine?"
"No, I did not."
"Thank you. No further questions."
"The state rests," O'Shay said.
"Any witnesses for the defense?" the judge asked.
Geary shook his head.
"No witnesses, Your Honor," Mancini said, "but I have a motion for the court."
"Very well, Mr. Mancini."
Peter could not imagine what motion Mancini might I make. if he were the judge, he would have both defendants breaking rocks on Devil's Island by now. Peter guessed that Mancini was putting on a show to make Booth think he was earning his fee.
"I move for dismissal of the charges against Mr. Booth," Mancini said. "The state has accused Mr. Booth of possession of a controlled substance. Now, there was a controlled substance under Mr. Mammon's seat in a car registered to Mr. Mammon, but there has been no evidence connecting Mr. Booth with that controlled substance. Officer Loudhawk never said he saw Mr. Booth with cocaine and nothing was done to determine whether Mr. Booth had ingested cocaine, although this could have been accomplished with a simple blood test. I don't believe probable cause exists to bind over Mr. Booth."
"What was he doing with the ten-dollar bill up his nose?" the judge asked with a straight face.
"That is for the state to explain, Your Honor. He could have been cleaning his nasal passages, he may enjoy the aroma of American currency. I don't know.
But there is certainly no evidence that he was snorting ording to t cocaine with that bill. Acc he officer, you do that from a mirror. There is no evidence that the mirror and the bill tested positive for cocaine."
Judge Staley frowned. He was lost in thought for a moment. When he addressed Becky O'Shay, he sounded concerned.
"What do you have to say to Mr. Mancini's argument, Miss O'Shay?"
Peter gazed at the prosecutor. He was certain she would respond with a brilliant argument. Instead, all she managed was, "Mr. Mancini is being ridiculous, Your Honor. It's obvious that Mr. Booth was snorting cocaine."
"Why is it obvious? There is no evidence that there was cocaine on the bill or the mirror, the cocaine was under Mr. Mammon's seat, the car is registered to Mr. Mammon and Mr. Booth denied using cocaine."
"He had the bill up his nose," O'Shay repeated in obvious frustration at her inability to counter Mancini's argument.
"That's not illegal conduct in this state, no matter how disgusting it may be. No, Miss O'Shay, I'm going to have to grant Mr. Mancini's motion."
O'Shay looked as if she wanted to. say something else, but she slumped onto her seat instead. Peter thought she looked adorable. He wanted to rush across the room and console her. Instead, he studied Christopher Mammon, expecting him to go insane with rage because his co-defendant was free and he was not, but Mammon sat passively as judge Staley addressed Steve Mancini's client.
"Mr. Booth, don't think you have me fooled one bit.
I know damn well you possessed and used cocaine on the evening of your arrest, but we are a country of law and one of our most fundamental rules of criminal procedure is that the state must prove its case with evidence, not conjecture. If the state can't do that I must set you free, no matter what my personal feelings might be. So, I am going to dismiss the case against you. But that doesn't mean I'm going to forget your face. You better not come before me again, young man. You've had your break. If I ever see you again, I will make certain that you go to prison for a long, long time.
"As for you, Mr. Mammon, this court finds probable cause to bind you over for prosecution in the circuit court on the charge of possession of a controlled substance. You will be released, Mr. Booth. Guard, you can take Mr. Mammon back to jail."
Amos Geary took a long drag on a cigarette and trudged toward his office. The old lawyer was short of breath and he walked with effort. Peter hoped he would make the three blocks to the office without collapsing.
"What did you learn from this morning's outing, Mr. Hale?" Geary wheezed.
"Uh, well, I saw how a preliminary hearing works."
Geary shook his head. "You saw an aberration.
Ninety-nine times out of one hundred, the judge binds over the defendant. I don't know what got into Brett this morning."
"Steve was pretty amazing. I didn't know he was that good an attorney."
"You know Mancini?"
"We went to law school together."
"Himn," Geary said.
"What does that mean?"
"Watch yourself. Mancini's an opportunist."
"Why do you say that?"
Geary took another drag on his coffin nail. "Has he suggested that you invest in Mountain View?"
"is that the condominium deal?"
Geary nodded. "He's tried to get every lawyer in town to invest, except me.
He knows I don't have a pot to piss in."
"Steve seems to think those condos will make him rich."
"Oh, they will. If Bend is awarded the Winter Olympics. That's a big if. If Bend doesn't get the Olympics, Steve just might end up in my tax bracket. I 'just hope I he doesn't sucker Jesse Harmon into putting up some money." The name sounded vaguely familiar and Peter asked, "Who is Jesse Harmon?"