Stephen Penner - Presumption of Innocence

"I'm sure," Brunelle lied.

"Then that's good enough for us," Mr. Montgomery announced.

"I do have a question," Mrs. Montgomery said. "Do you know why she changed her mind?"

"I don't know ," Brunelle answered, "but I have a guess."

"What's your guess?"

"Karpati."

Brunelle and Yamata retreated to Brunelle's office to regroup.

"Now what?" Yamata asked, dropping her athletic frame into one of his guest chairs.

Brunelle picked up the phone. "Now we order Holly's jail calls. Somebody got to her."

"How can you be so sure?"

"Because this is suicide," Brunelle answered as he punched the extension for the jail communications officer. "She gave a full confession to a heinous murder. No way she doesn’t get convicted. And no way she doesn't get life. It's mandatory."

"Any chance she doesn't get transferred to adult court," Yamata asked, "since the penalty is so severe?"

Brunelle frowned. That was a good point. Luckily the jail officer picked up. "Yeah, this is Dave Brunelle from the prosecutor's office. I need to order some jail recordings."

When Brunelle hung up, he had ordered all calls coming into Holly's dorm and all calls going out of Karpati's holding tank. They were supposed to have individual caller identification codes, but inmates were always using somebody else's code to try to be sneaky. It still amazed Brunelle how freely people would talk even after hearing the automated 'This call will be recorded' warning.

"It'll take them a couple days to get us the recordings," Brunelle informed his co-counsel, "but we should have them before the transfer hearing."

"What about tomorrow's bail hearing?" Yamata asked. "We won't be able to tell the judge that Holly's on board to testify."

Brunelle smiled. "Then I hope you do a good job arguing that brief you wrote."

Yamata slumped back in her chair. "Great."

Brunelle's phone rang and he picked it up without even looking at the caller I.D. "Prosecutor's office. Dave Brunelle."

"Hello, prosecutor's-office-Dave-Brunelle," sang the voice on the phone. "This is medical-examiner's-office-Kat-Anderson. Can you talk?"

Brunelle smiled. "For you? Of course."

Yamata leaned forward. "Do you want me to leave?" she whispered.

Brunelle shook his head. He figured it was business. He was wrong.

"So about Friday night," Kat went on, "I have an idea."

Brunelle drew a blank, still in work mode. "Friday night?"

"My daughter's recital, remember?"

"Ah yes. Right. Recital." Brunelle laughed. "I was trying to forget the pain from you turning down my asking you out for that night."

Yamata stood up. "I'm gonna go now," she whispered again.

This time Brunelle nodded. "I'll stop by later," he whispered over the covered-up telephone receiver. "We can figure out how to tackle tomorrow."

"Is this a bad time?" Kat asked.

"Hmm? Oh, no. Never a bad time for you, ma'am."

"Ma'am?" Kat laughed. "You're way older than me."

Brunelle frowned. "I am not way older than you."

"I didn't say too old," Kat purred.

Brunelle could feel himself blush a little, and was glad Yamata had excused herself.

"So I have a solution," Kat went on.

"To what?" Brunelle wondered if she was back talking about the case.

"To you being crushed by my remorseless rejection of you."

"Great," Brunelle chuckled. "I'm all for not being remorselessly rejected."

"Good," said Kat. "The recital starts at seven. Meet me in the lobby at quarter till."

"Uhhh," Brunelle stammered. "Recital? Your daughter's ballet recital?"

"No, my dog's violin recital," Kat huffed. "Of course. It's at the Roosevelt High School performing arts center on sixty-fifth. I have to drop her off by six-thirty, so I'll meet you in the lobby at six-forty-five."

Brunelle hesitated, then was smart enough to say, "Uh, okay. Sounds great. Uh, what should I wear?"

"Just come straight from work," Kat said. "Wear your suit. Lizzy will be impressed."

"Your daughter?"

"You are on top of it today, David," Kat teased. "Yes. And if she likes you, maybe you can get ice cream with us afterwards."

"Ballet and ice cream," Brunelle repeated. "Two of my favorite things."

Kat laughed. "You are so full of it."

Brunelle laughed too. "Well, I like ice cream."

"I understand you were unable to secure the cooperation of Miss Sandholm." Welles' smirk to his seated and handcuffed client confirmed for Brunelle that Karpati was responsible for convincing the girl not to turn State's evidence.

Brunelle smiled. "I just wanted your guy to have some company during the trial."

"I can't imagine you could try them together," Welles replied, "since you've charged him with raping her."

"Imagine me dumping that charge," Brunelle replied just as Judge Quinn took the bench,

"All rise!"

Judge Quinn instructed everyone to be seated and asked whether the parties were ready for the bail hearing.

"Absolutely, Your Honor," gushed Welles.

Brunelle didn't say anything. He looked to Yamata seated next to him. She didn't say anything either, so he nudged her.

"Uh, y- yes, Your Honor," Yamata stood up. "The State is ready."

Judge Quinn raised her eyebrow. "Will you be arguing this, Miss…?"

"Yamata. Michelle Yamata. And yes, I wrote the brief, and I'll be arguing it."

Brunelle heard Welles chuckle and saw him whisper something to his client. Karpati smiled as he leered at Yamata.

"Very well," Judge Quinn said. "Let's start with the State then. Tell me what you want me to do, and why I should do it."

"May I interrupt?" Wells shot to his feet. "I believe there is some additional information of which the court ought to be informed before the State begins its argument."

Yamata scowled at him, but waited for the judge to say who could speak.

"What is it, Mr. Welles?"

"As you undoubtedly recall, Your Honor," Welles rolled a hand for emphasis, "the State placed great reliance on their ability to persuade a young lady, whom they have charged with this murder, to agree to testify against my client. It is my understanding that this girl has declined offers to so testify, and therefore the representations made at the previous hearing by Mr. Brunelle were demonstrably false. I would ask the court not only to refuse to hear any motion for reconsideration of bail, but further to sanction Mr. Brunelle and the prosecutor's office for misleading the tribunal and wasting my time. My fees and costs for being here today total over one thousand dollars. That is the minimum the court should impose on the prosecution. Thank you."

Yamata's eyes bulged wide and she looked down at Brunelle, who was still seated at counsel table. Brunelle let out an irritated exhale and stood up. "May I be heard on this, Your Honor?"

"Of course, Mr. Brunelle," the judge replied. "But first, tell me this: Is that girl going to testify or not?"

"Not," he answered.

"We repeat our motion for sanctions, Your Honor," Welles piped in.

"Be quiet, Mr. Welles," said Judge Quinn calmly. Then, turning back to Brunelle, "Why did you tell me that she would testify against Mr. Karpati?"

"Because I honestly thought that she would," Brunelle answered. "In fact we had a plea hearing set yesterday and everyone, including her lawyer, expected her to accept the State's offer. However, at the last moment, she refused to plead guilty."

Judge Quinn nodded. "Do you know why she changed her mind."

Brunelle surrendered a sardonic smile. "Not yet, Your Honor." He glanced at Karpati. "But we're looking into it."

Welles jumped out of his chair. "This is outrageous, Your Honor! First, Mr. Brunelle intentionally lied to the court. Now, he casts aspersions against my client and myself! I have never-"