Stephen Penner - Presumption of Innocence

Faust took her hand back and stared into her drink. "You don't get it, do you?"

Brunelle frowned in thought. He usually got things. "Get what?"

"You come walking into this neighborhood, in your fancy coat and tie," she reached out and took a hold of his dark red necktie, "pretending like you understand what it's like to live here because you read police reports from the safety of your desk. But when you get what you want, you leave. And I'm still here. I still have to walk home in the dark, hoping those bastards have someone else to hurt."

Brunelle looked into her dark eyes. She still had his tie. "I, I'm not sure about that. It's just, I have a job to do. That girl was murdered. I have to hold him responsible."

Faust set her drink down. "And I can help?"

"Yes," he almost pleaded. He set his drink down too.

She pulled him to her by his tie, stopping just before she kissed him. "Then you give me what I want too."

There was no way he could deny her. "Whatever you say, Faust."

She pushed him back onto the sofa and straddled him. She kissed him, long and probing, then pulled away again. "I say leave the tie on."

***

Brunelle squinted at the bedroom clock. It was 4:42. Faust was asleep on his chest. She'd told him what he needed to know, between love-making sessions. Names of everyone in the gang, and confirmation that Karpati was one of them. Most of them were just faking the vampire bit, going along to scare people and to enjoy the drugs and women that gang membership brought. But there were a couple, like Karpati, who rode the vampire bit for all it was worth, insisting they really were vampires. And they really did need the blood of innocents. It left everyone in fear of them. Either they really were vamps, or, far more likely, they were nuts.

Thinking of riding reminded him of the woman in his arms. He'd need to leave soon, so he'd have time to type up what he learned and get it to Welles before nine. She seemed to sense his change in mood.

"You're leaving," she said without opening her eyes. It wasn't really a question.

"Not yet," he answered, stroking her hair. Then, he thought for a moment. "Thank you."

She chuckled. "Don't thank me. You don't thank someone for something they wanted to do."

Brunelle wasn't sure he agreed, but he wasn't about to argue with her. "Well, thanks for the information then."

He felt her nod against his chest. "I hope it's helpful."

"It was. The trial starts in two weeks, so I'll be sending you a subpoena."

This time he felt her shaking her head. "No, you won't," she replied pleasantly.

Brunelle considered for a moment. "No, really. I have to."

Again a soft shake of her head. "No, really. You won't. Use the information, but you'll find another witness for court."

"Why?"

This time she pushed herself off his chest. She swung herself over him and straddled him again. Her soft black hair curtained his face as he felt himself rise against her again.

"Because, lover. I'll testify I told you all that between the times I rode you and the times you fucked me from behind."

Brunelle blinked at her even as she ground down against him.

"The truth, the whole truth, and nothing but the truth," she purred.

He pressed up against her. "Okay then. No subpoena."

She just smiled down at him.

"Thanks, anyway," he managed to say between breaths.

She reached down and slid him inside her again, then she leaned forward and bit his lip. "I told you not to thank me."

The courtroom was packed. Every seat in the gallery was full. TV cameras lined the walls. A good chunk of the defense bar and half of the prosecutor's office had come too. Including Duncan, who stood at the very back, arms crossed. Some probably thought it was to put pressure on the judge. Brunelle knew it was to see first hand whether the case fell apart.

Judge Quinn took the bench promptly and got right to business. Rather than argument, it was questions from the bench.

Yes, Welles admitted, he received the information by nine that morning. And yes, even though it was supplemented by official reports a few days later, there was nothing new in the reports. Brunelle had to admit the evidence was thin, and it might be difficult to secure the testimony of the other No Bloods, but he insisted there was an identifiable group Karpati belonged to and the murder could have elevated his status in the group.

Finally, Quinn announced she was done. "Okay, I believe I've heard enough. I'm prepared to make my rulings."

The courtroom buzzed for a moment then fell silent. Even Welles sat down and shut up. Brunelle gave Yamata a hopeful smile, but she just offered a nervous nod and looked back up to the judge.

"The first issue is the matter of the aggravating factor," the judge began. "The issue of bail is dependent, or at least impacted, by this initial question. So the question is: can the State prove that Mr. Karpati committed the murder to advance his status in an identifiable group?"

Brunelle bristled at the framing of the question, but bit his tongue. Quinn noticed his reaction.

"Or rather," she corrected, "is it possible they could prove it? Can they establish a prima facie case? That is, if I assume the truth of the evidence they say they'll present, and draw all reasonable inferences in favor of the State, is it at least possible that a reasonable jury could believe the aggravator?"

Brunelle appreciated the clarification. It was a lot lower of a standard. The jury might not buy it, but he should get the chance to try to sell it.

Quinn paused. "I'm mindful of my ruling regarding the torture aggravator. There, I found no reasonable jury could believe the aggravator. However, that ruling was based on the complete lack of evidence from the State that Miss Montgomery suffered more than any other murder victim."

She took a deep breath and looked down at Welles. "Here, however, the State claims they will present evidence that Mr. Karpati was a member of a street gang, that members of this street gang held themselves out as vampires, and that Ms. Montgomery died from an acute and apparently intentional loss of blood. I cannot find that no reasonable jury would find the aggravator proven. I have concerns about the underlying strength of the State's evidence, but if they prevail in convincing a jury that Mr. Karpati committed the murder, the jury must be allowed to consider this aggravating factor. The defense motion to dismiss the aggravator is denied."

Brunelle tried to keep his smile professional and not smug. And not betraying the overwhelming sense of luck and relief that washed over his insides. "That should take care of the bail argument too," he whispered to Yamata. "No bail on capital cases." His smile deepened. "Thanks to your exquisite briefs."

Before Yamata could whisper a reply, Judge Quinn went on.

"I do not, however, believe this controls the issue of bail."

Another buzz through the courtroom. Even Welles and Karpati looked surprised. Then Welles unfurled his own smile. Brunelle knew there was no reason for the judge to bring it up unless she was prepared to rule in Welles' favor. Every attorney in the room knew it, including Yamata. And Duncan.

"I am mindful of Mr. Welles' initial bail argument regarding the evidence being clear and the presumption great. The evidence here is not clear, and the presumption, as he said, is that the defendant is innocent of the charges."

Fuck, fuck, fuck , thought Brunelle. He doodled the word hastily on his legal pad, hoping this was just judicial masturbation, the judge waxing poetic on the law to show everyone how smart she was.

"I am also mindful, Mr. Brunelle," she paused and looked down at him; Brunelle met her gaze as neutrally as he could muster, "that the State only filed this aggravator after I had dismissed the others. Quite candidly, Mr. Brunelle, it was a move that smacked of desperation, and I am hesitant to deny a criminal defendant bail based on a last minute gambit of a desperate prosecutor."