Stephen Penner - Presumption of Innocence

The judge looked back to Brunelle. "Is the girl charged out at juvenile hall with this murder?"

"She is, Your Honor," Brunelle admitted. "However, I have already had negotiations with her attorney and I have a good faith belief that she will be available to testify at Mr. Karpati's trial. In fact, Your Honor, the girl in question is the victim of count two, the rape of child in the third degree, so the State has already been contemplating needing to call her as a witness for that count."

Judge Quinn nodded as she considered the arguments.

"You Honor, if I may respond?" Welles tried, but she waved him off.

"No. Mr. Welles, thank you. I believe I understand your argument. I also believe it has some merit. We regularly set no-bail holds on capital defendants, but I hadn't really thought about that evident proof requirement until you argued it just now."

She tapped her lips in thought.

"Here's what we're going to do. I am going to rule that the State must present evident proof before I can deny bail."

Brunelle clenched his jaw, but didn’t say anything.

"I'm also going to find that they haven't done that here today. I think an affidavit from the prosecutor can be enough, but not if the evidence comes from a witness who might be unavailable at trial."

"Your Honor-" Brunelle tried, but Judge Quinn shushed him as well.

"Sorry, Mr. Brunelle. You've had your chance to speak. We will schedule a hearing in one week. I will give the State a chance to present this evident proof. It can be done in affidavit form by the prosecutor. You don't need to bring live witnesses in, Mr. Brunelle. That's what the trial is for. But any witness you reference in the affidavit had better be available as of next week. That means you better get that deal worked out with the girl before the bail hearing, or I'm liable to find there is not evident proof to justify a no bail hold. Do you understand?"

Unfortunately, Brunelle did.

"In the meantime, I will allow bail."

"Thank you, Your Honor," said Welles. "We would ask the court to set a minimal amount, perhaps five thousand-"

"Ten million dollars," announced Judge Quinn. "It's still a capital case, Mr. Welles, evident proof or not."

Welles was about to argue, but then thought better of it. "Yes, Your Honor. Thank you, Your Honor."

"Anything else, Mr. Brunelle?"

"No, Your Honor."

"Then this matter is concluded," the judge declared. "We will see you back here in one week, ready to argue bail and any other matters duly noted."

Judge Quinn stood up and stepped out as the judicial assistant instructed everyone to stand again.

"Nice argument," Brunelle whispered to Welles as he collected up his things.

"Wait until next week, Dave," Welles whispered back.

"You have reached the voicemail of Jessica Edwards of the King County Public Defender's Office. Please leave a message and I will call you back as soon as possible. If you are a client and currently detained in the King County Jail, press zero to speak with the receptionist."

"Jess, it's Dave," Brunelle said into his phone even as Duncan darkened his door and gave him the charades version of 'come to my office when you hang up.' "Just calling to firm up the deal with Holly. A little unexpected change of plans this morning. I need to have this in place by next week. Call me."

Then he hung and walked the short distance from his nice office to Duncan's very nice office.

"Heard what happened this morning," Duncan said as Brunelle stepped in and sat down.

"Yeah, that kind of sucked. But I'm pretty sure he won't post ten million."

"He only needs ten percent to get a bonding company to do it for him," Duncan observed.

"That's still a million cash. And he wouldn't get it back at the end. But it doesn't matter because I'll get that no bail hold next week. Just need the get the girl signed up."

Duncan frowned, then nodded. "I'm sure you're right. Now have you given any thought to a co-counsel?"

Brunelle shook his head. "No, not yet. I was trying to think of someone who could use the experience but wouldn't get in my way."

"What about Yamata?" Duncan suggested.

"Michelle Yamata?" Brunelle confirmed. "Uh, well. I've heard good things about her."

He'd heard bad things too. Like she filed a harassment complaint against her last employer, one of the boutique litigation firms in town, and left as part of the settlement. Brunelle didn't want to be anywhere near her.

"Do you think she's ready?" Brunelle questioned. "I know there are some more senior attorneys who haven't had the chance yet to work on a capital c-"

"She's ready," asserted Duncan. "And she's better than those other attorneys."

She was also far more attractive. Duncan had a penchant for hiring the most attractive job applicant. Yamata, a tall leggy Japanese-American woman, was certainly one of his more attractive hires. She was also at least ten years younger than Brunelle and would, as co-counsel, be in exactly the type of position to him that would support another claim.

"Can I think about it?" Brunelle asked.

"Not any more," Duncan smiled and stood up. "Michelle, thanks for coming."

Brunelle turned and saw Yamata standing in the doorway. She was wearing a burgundy power suit and dark stockings with the suggestion of a fishnet design. Brunelle managed to smile as he extended a hand.

"Welcome aboard, partner," he said.

Yamata shook his hand strongly. "Thanks. But welcome aboard what?"

Her voice was deeper than Brunelle would have expected. It bothered him that he even noticed. He was really going to have to be careful.

"Dave?" Duncan punted Yamata's question to him. Brunelle smiled anyway.

"I need a second chair," Brunelle started, then opted for more equal terminology, "that is, co-counsel for a capital case I just filed."

"Capital?" confirmed Yamata. "As in death? Oh yeah, I'm on board. Can I shove the needle in his arm?"

She laughed a deep, throaty laugh.

Brunelle wasn't sure what to think. He was pretty sure he was scared.

But he kind of liked her attitude too.

"When do I start?" she asked.

"Right now," declared Duncan. "Why don't you go down the hall to Dave's office and he'll brief you on the case."

"Great," said Yamata. "I know where your office is." And she started down the hallway, her tight ass swinging invitingly down the hall.

Brunelle turned from the sight and forced a smile to Duncan. "Thanks, boss."

Duncan winked. "I knew you'd approve. Go get her, tiger."

Brunelle nodded, but the smile slid from his face as he turned and followed his new partner to his office.

***

She was sitting in his chair. "Nice view," she motioned toward his windows and Elliot Bay beyond. "I have an interior office in the drug unit."

She popped up and danced to one of the chairs across his desk. "I can't wait to work on a murder case. I'm so sick of drug possession trials. Two rocks, two cops, two days. I want something I can really sink my teeth into."

She leaned forward as Brunelle sat in his chair. It smelled of her perfume. She had really nice perfume.

"Just tell me what to do, Mr. Brunelle. I'll do anything you say. Anything."

Brunelle succeeded in forcing out the improper thoughts that rushed toward his mind's eye. Instead, he said, "Let's start with not calling me 'Mr. Brunelle.' That makes me feel old. 'Dave' will be fine."

Yamata smiled, a bright, full-lipped, red-lipstick smile. "Okay, Dave. So, what do I do first?"

"First," said Brunelle. "You listen."

Then he pulled the binder of scene and autopsy photographs off of his bookshelf and slid it across the desk to her. "And follow along."

So he told her the facts of the case. Everything from Holly's fingerprint on the note to Karpati's high-priced asshole defense attorney. She had tried to follow along in the binder, but couldn't quite make it through all the photographs. When he'd finished, he asked, "Any questions?"