Joel Goldman - Stone Cold

“We’ll waive arraignment,” Alex said, “and enter a plea of not guilty and request that the defendant be released on his own recognizance.”

Bradshaw shot to his feet. “The state objects!”

“On what grounds?” Judge Upton asked.

“The defendant is charged with possession of crack cocaine with intent to distribute. That’s a Class A felony.”

“I’m aware of that, Mr. Bradshaw. I just read the charges into the record. Were you listening?”

Bradshaw bit his lip, a rising red tide creeping above his collar. “Of course I was, Your Honor.”

“And, were you a regular visitor to my courtroom, you would know that I’m not opposed to releasing indigent defendants on their own recognizance if I’m satisfied that they will appear for trial since their indigent status makes it impossible for them to post a cash bail. Now, do you have something to tell me that I don’t already know that bears on that question?”

“I do. For starters, Mr. Reed was charged with murder in another case.”

“What was the outcome of that case?”

“He was acquitted.”

“Since when is an acquittal in one case grounds for imposing bail in another unrelated case?”

Alex watched them, swiveling her head back and forth like they were exchanging overhead slams at center court.

“It’s not, but it’s relevant to the reasons not only why the defendant shouldn’t be released on his own recognizance but why he shouldn’t be granted bail in the first place. The defendant is a person of interest in the murder over the weekend of Jameer Henderson and his family. I’m sure you saw the reports on the news. Mr. Henderson testified against the defendant in his murder trial. The defendant is also a person of interest in the murder of Kyrie Chapman. Mr. Henderson testified that Mr. Chapman had coerced him into testifying against the defendant. When Henry Rossi, a senior homicide detective, sought to question the defendant regarding these slayings, the defendant ran away. Fortunately, Detective Rossi was able to apprehend him. The defendant was injured while evading arrest. Paramedics had to cut away his jeans and turned them over to the police, who found the drugs in one of the pockets.”

Judge Upton turned to Alex. “Ms. Stone?”

“Mr. Reed had a very good reason to run away from Detective Rossi. The day he was acquitted, Detective Rossi arrested him on a bogus murder charge involving a cold case with which Mr. Reed had no connection. Detective Rossi was angry about the acquittal. The arrest was harassment, plain and simple. When I intervened, Detective Rossi released my client. Mr. Reed was at his mother’s house when Detective Rossi forced his way inside without a warrant and without disclosing the reason for his visit. If I had been in Mr. Reed’s shoes, I would have run as well. Mr. Reed has no felony criminal record. The only prior offense for which he was convicted was a misdemeanor for being drunk and disorderly. His family is here. His roots are here. He is not a flight risk. Neither the police nor the prosecutor has come forward with any evidence linking Mr. Reed to these murders or they would have arrested him for that instead of for finding crack in his jeans. Ordering him held without bail or setting bail at a level he cannot possibly make based on a claim that he is a person of interest in these other crimes is tantamount to imposing bail based on those offenses and not the one for which he is charged.”

“Your Honor,” Bradshaw interjected. “Ms. Stone has offered no evidence regarding her unfounded allegations about Detective Rossi, and-”

“Neither have you offered any evidence regarding the defendant’s possible involvement in these recent murders. First you said that Detective Rossi wanted to question Mr. Reed about the murders and then you said he wanted to arrest him. Make up your mind. If you have sufficient evidence to arrest the defendant for murder, I’ll consider it.”

“As I said, Jameer Henderson testified against-”

“Evidence, Counsel. You know, like fingerprints, DNA, eyewitnesses. That sort of thing.”

“It’s still early in the investigation, Your Honor. The police are-”

“I take it that your answer is no. You have no evidence.”

Bradshaw stiffened, almost choking on his answer. “Not at this time.”

“Very well. The defendant is released on his own recognizance. Next case.”

Bradshaw hurried from the courtroom. He was waiting for Alex when she emerged in the hallway. He cupped her elbow and led her into a vacant witness room. Closing the door, he unloaded.

“That son of a bitch!” Bradshaw said. “That no good fucking son of a bitch!”

“Upton?”

“Of course Upton, for Christ’s sake. Who the hell else? Don’t worry, Mr. Bradshaw. I’ll be impartial toward your office, Mr. Bradshaw. Impartial my ass! Can you believe this bullshit?”

“The better question is, why are you yelling at me? Aren’t you supposed to wait until you get back to your office so you can yell at your secretary?”

“Because,” he said, “you’re as much to blame as the fucking judge.”

“Me? What did you want me to do? Not ask for my client to be released on his own recognizance? I was protecting the record, like asking for a dismissal after the prosecution rests even though I know there’s no chance the judge will grant the motion. Who knew Upton would actually release him?”

“That’s why you shouldn’t have asked. Not in this case. Not for Dwayne fucking Reed.”

“He’s got the same rights as every other defendant.”

Bradshaw closed in on her. “Forget which side we’re on, Alex. We’ve known each other long enough to do that just this once. Look me in the eye and tell me that Dwayne Reed is not a stone-cold killer, that you really believe he didn’t kill Wilfred Donaire, Kyrie Chapman, Jameer Henderson, his wife, and two kids. And then tell me that at least some of this isn’t your fault. And tell me that the next murder he commits won’t be your fault either.”

Bradshaw’s accusations echoed her growing doubts and nagging guilt, leaving her stunned and weak-kneed, though her combative instincts wouldn’t let her give in.

“You know better than that, or do you need a remedial course in constitutional law?”

Bradshaw backed off, taking a deep breath and letting it out slowly. “Okay, okay. That’s not fair. You’re no more responsible for Dwayne being on the street than I am or the judge and jury are.”

Alex appreciated what he said, though it didn’t soothe her, because she was increasingly afraid that his indictment was fair, though she wasn’t about to tell him that.

“Apology accepted.”

“I get that sometimes the system sucks, but try telling that to the Hendersons or, better yet, try convincing Bonnie.”

“What’s that supposed to mean?”

“Oh, come on, Alex. Bonnie called and told me what Dwayne said to her in the ER, how he threatened her.”

“She called you? Why?”

“Because she thought I could use that information to keep Dwayne in jail. She’s scared shitless.”

Alex took a deep breath, folded her arms over her chest, and paced around the small room. It was furnished with a rectangular wooden table and two molded-plastic chairs. She slid into one of the chairs, looking up at Bradshaw.

“I know. She sat up all night watching our street for strange cars. I kept telling her that Dwayne was in jail and that there was no way he could make bail.”

“What did she say?” Bradshaw asked.

“She said, ‘Yeah, right,’ and kept looking out the window. Neither of us got much sleep.”

“Did you tell her you were going to ask the judge to release him on his own recognizance?”