Stephen Penner - Presumption of Innocence

Brunelle's only hope was that Welles would ask Chen the same type of question. 'You don't have any information that my client committed the murder, do you?' That would open the door to Holly's statement and everything else the investigation had linking Karpati to the murder.

So of course, Welles stood up and said, "No questions, Your Honor."

Chen was excused and Brunelle was in serious trouble.

"We're in trouble, aren't we?" Yamata asked when they returned to Brunelle's office at the end of the day. The problems with Chen had been repeated with the patrol and evidence officers who followed. They spoke to people and collected evidence, but they weren't allowed to relate the substance of the conversations or the results of any forensic testing.

"Yeah, we're in trouble," Brunelle answered as he fell into his chair and raised his fingertips to his lips in thought.

"Do we have any witness who can put Karpati at the crime scene?" Yamata asked, choosing to pace over sitting.

Brunelle frowned through his fingers. "I can only think of one."

Before Yamata could ask, 'Who?' Brunelle hit the speaker button on his phone and dialed a four-digit in-county extension.

"Juvenile detention center," came the voice over the phone. "Transport desk."

"This is Dave Brunelle with the prosecutor's office," he said with a shrug to Yamata. "I'm going to need a transport first thing tomorrow morning to the main courthouse."

"The adult courthouse?" asked the officer.

"Yes."

"And what's the name of the juvenile?"

"Sandholm. Holly Sandholm."

"What the hell are you doing?!"

Jessica Edwards was angry. Livid. Maybe even apoplectic. She was inches away from Brunelle's face, which under certain circumstances might not have been so bad. But 8:50 in the morning in Judge Quinn's courtroom on that case were not those circumstances.

"I'm calling your client to testify," Brunelle answered calmly, taking a half step back.

"She didn't agree to testify, Dave. You can't do this."

"I didn't say," Brunelle crossed his arms, "I was enforcing a plea agreement. I said I was calling her to the stand. I don't need your permission to do that, Jess."

Edwards threw her arms up. "Of course you do, Dave. She's just gonna plead the Fifth. You can't call a witness just to plead the Fifth in front of the jury."

Welles, who, along with Yamata, had been content to watch Brunelle and Edwards have it out, spoke up. "She's right. I won't let you do that."

Brunelle glared over at Welles. "It's not really up to you. Last I checked you were still one of the attorneys, not the judge."

"It's settled law, my dear David," Welles replied. "You can't call a witness just to plead the Fifth Amendment. When the judge comes out, she'll ask, like she does every time she comes out, if the lawyers have anything before the jury is brought in. I assure you I will move to prohibit this charade."

Brunelle narrowed his eyes. He knew Edwards and Welles were right. But he also knew it was always easier to say you were going to do something than to actually do it. She might back down and testify after all.

And he had a Plan B. But both plans required Holly's butt on the witness stand.

"Fine," he said. "Bring out the judge."

The bailiff raised an eyebrow at him. The judge would come out when she was ready. But it was almost nine o'clock, so they didn't have to wait long before the bailiff called out, "All rise!" and Judge Quinn took the bench.

"Good morning, counsel. Any matters before we bring in the jury?"

Welles threw a sneer over at Brunelle, then a smile up to the bench. "Yes, Your Honor. It appears Mr. Brunelle has some theatrics planned for this morning. He intends to place Holly Sandholm-the one person who has confessed to this murder-on the stand for the sole purpose of having her invoke her right against self-incrimination in front of the jury. The idea is to bolster the State's unsupportable assertion in its opening statements without actually presenting any competent evidence. Obviously, this is improper and I would ask the court to prohibit it."

Quinn rolled her head to Brunelle and glared down her nose at him. "Please tell me this is a misunderstanding, Mr. Brunelle. You don't really think I'm going to allow you to do that, do you?"

Brunelle nodded politely. "I think it is a bit of a misunderstanding. Ms. Sandholm is here this morning and the State does wish to call her as a witness. It's one thing to say you're going to refuse to testify under the Fifth Amendment; it's another to actually do it. But we have no objection to the court having Ms. Sandholm initially take the stand outside the presence of the jury to see what she says."

Quinn stared at Brunelle for a few moments, then looked back to Welles. "Any objection to that procedure, Mr. Welles."

"I'd like to object, Your Honor," Welles laughed, "but I'd rather just get on with it. I have no doubt that Ms. Sandholm will refuse to testify. The sooner we can get this parlor trick over with, the sooner my client can be acquitted and go home."

"Well, I object!" Edwards stepped forward.

Judge Quinn raised an eyebrow. "Ms. Edwards. You represent Miss Sandholm, I take it."

"Yes," Edwards tossed back her straight blond hair. It was one of her signature moves. "I object to my client being transported here without any notice to me-"

"I left you a voicemail," Brunelle interrupted.

Edwards narrowed her eyes at him. "At seven-thirty last night. If I hadn't checked my messages first thing this morning I'd be in a completely different courtroom this morning."

"Ms. Edwards," the judge drew her attention back up to the bench. "Let's set aside the notice issues for a moment. We're all here now and I have a jury waiting. Is there any reason your client can't just take the stand and formally assert her Fifth Amendment rights?"

Edwards huffed and threw her hands wide. "Yes, Your Honor! She's scared to death of the defendant. She's a victim too. He raped her. The State even charged him with that before they dropped it for some reason."

"The reason," Brunelle stepped forward, "is that she refused to testify. Maybe she'll rethink it now that she's in a safe environment. Maybe we refile that charge."

"Well, now, I would object to that," Welles interjected. "Mandatory joinder rules clearly provide-"

"Enough, enough!" Judge Quinn raised her voice. The lawyers instantly silenced theirs. "There is no point in discussing who might object to what might happen if something else happens. Put Miss Sandholm on the stand and see what she does."

The judge nodded to the jail guard, who turned and opened the secure door to the holding cells behind the courtrooms. As they waited for Holly to be escorted into court, Yamata stepped up and whispered into Brunelle's ear.

"You told the family about this, right?"

Brunelle shook his head slightly. "No, there wasn't really time. Why?"

"Because the parents are in the gallery, and they're looking panicked."

Brunelle turned to see Mr. and Mrs. Montgomery sitting in the front row of the public seating section. They didn't look exactly panicked to him, but they didn't look happy either. Mr. Montgomery motioned for them to come over.

"What's going on, Brunelle?" he demanded when they did.

"I'm not going to let her off the hook quite so easily," Brunelle answered. "She can't just claim she's going to invoke her right to remain silent. We're going to make her take the stand and do it."

"Do we need her testimony?" Mrs. Montgomery asked.

Brunelle sighed. "Honestly… yes. It wouldn't hurt, at least."

"But what if she does refuse to testify?" was Mrs. Montgomery's follow up question.

"Don't worry," Brunelle assured. "I have a back-up plan."