John Lescroart - Damage

From her desk, the clerk didn’t even look up: “Line Twelve, The People of the State of California versus Roland Curtlee .”

“Mr. Denardi, does your client waive instruction and arraignment?”

Denardi, on his feet. “Yes, Your Honor.”

“Plea?”

Prompted by his lawyer, Ro Curtlee stood up and said, “Not guilty.”

Donahoe stayed with the logistics. “Before discussing a time waiver, counsel, I take it you want to argue bail.”

All sense of decorum and procedure immediately dissolved. Denardi, still on his feet, came out swinging. “If it please the court. In the course of a bogus no-warrant arrest by Lieutenant Glitsky and two other officers, my client was severely beaten on Saturday night, some of the results of which you can see here today…”

“Your Honor.” Amanda Jenkins jumped up at her table. “I object to counsel’s description of a ‘bogus’ arrest. Defendant had gone to Lieutenant Glitsky’s home and threatened him and his family, which under Penal Code Section Four twenty-two…”

“Your Honor, if I may.” Denardi didn’t wait for permission to speak, and Donahoe made no attempt to stop him. “Counsel’s characterization of Mr. Curtlee’s personal visit to Lieutenant Glitsky’s home as a threat that rises to the level of four twenty-two is absurd and completely unsupported by any facts or evidence.”

Counsel are usually expected to direct all their remarks to the judge, but they were already long past that and Donahoe didn’t seem inclined or even able to stop them. Jenkins turned and spoke directly to Denardi. “You’re denying he went to Glitsky’s home?”

The elderly defense attorney shook his head as though something amused him. “No, he went to the lieutenant’s home, all right, but more or less to lodge a personal protest about the fact that the lieutenant had come to Mr. Curtlee’s home just the previous night, and for just as little reason.”

“Just as little reason? You can’t be serious. Lieutenant Glitsky was investigating the murder of a witness in Mr. Curtlee’s previous case. That’s a compelling reason.”

“If you believe that’s really what it was, and not pure harassment.”

“Well, gosh, maybe I won’t just accept your bought-and-paid-for opinion, Counselor. But that’s what the evidence shows.” Jenkins swung back to the judge. “Your Honor, these allegations of harassment and police brutality are ridiculous on their face. The witnesses in Mr. Curtlee’s previous case are being murdered one by one. Any sane person has to know that Mr. Curtlee is in this up to his neck.”

“Ridiculous!” Denardi exploded, giving full voice to his rage. “Just look at the man! What’s ridiculous has been his treatment at the hands of the police. He’s been battered half to death. You call this…?”

Suddenly Donahoe seemed to realize that the give-and-take in the courtroom had gotten completely out of her control, and she cleared her throat and lightly tapped her gavel. “Ms. Jenkins, Mr. Denardi. Let’s not get into a personal squabble here, all right? I’m sure we’ll get to the bottom of this and resolve it to everyone’s satisfaction. Would you both mind sitting down, please? Thank you. Now, moving along, Mr. Farrell, do the people have information for bail purposes?”

After the near brawl that had been developing, the silence that suddenly reigned in the courtroom was unsettling. It took Farrell a few seconds to get to his feet. “Your Honor,” he began, “the defendant is currently awaiting trial for murder and has been out on bail since his release from state prison. Within days of his release, one of the witnesses in his murder trial has been killed. After Lieutenant Glitsky went to question him about his whereabouts at the time of that murder, the next day Mr. Curtlee went to the lieutenant’s home and threatened him and his family.”

Denardi wasn’t going to let this pass and again rose to his feet. “Your Honor, we’ve heard this before and it’s simply not true.”

Farrell, again ignoring protocol because Donahoe didn’t seem to care about it, turned to his opponent. “It’s absolutely true, Tristan, and you know it.”

“I know nothing of the sort, Wes. You tell me one word of actual threat that Mr. Curtlee said. Or even that Glitsky alleges he said.”

“He pointed at Glitsky’s daughter and made a point of saying she was a nice-looking child.”

Raising his hands theatrically Denardi let out a laugh and turned to the judge. “I rest my case, Your Honor. Calling a child nice-looking is hardly a threat.”

Now Farrell raised his own voice, losing his temper. “ Going to the house, by itself, is a threat . Mr. Curtlee’s a convicted rapist and murderer out on bail. He’s a suspect in the murder of the chief witness and he went to the house of the police inspector assigned to the case. You’d have to be crazy not to see what’s going on here.”

Again, finally, Donahoe lowered her gavel. “Gentlemen,” she said. “Please.” Then, “Mr. Farrell, I believe you were talking about bail. What was the original bail, by the way?”

“On the murder, ten million dollars, Your Honor. When officers tried to arrest Mr. Curtlee in this case, he took a gun and tried to kill one of them. Attempted murder of a police officer is a no-bail offense.”

Nodding sagely, she asked, “Who set the bail on the murder?”

“Judge Baretto.”

“And what are the people requesting this time around?”

“We want the scheduled bail, Your Honor. No bail in light of the current offenses and the defendant’s history.”

“Ridiculous!” Denardi said. “That’s insane.”

Donahoe simply nodded, acknowledging the interruption, but tacitly condoning it.

“And what are the charges, exactly, this time?” she asked.

Farrell looked down at his notes, impassive in the face of what he knew to be more problems. He and Glitsky and Jenkins were at least on relatively firm ground charging Ro with the one count of threatening an executive officer that Glitsky had gone down to arrest him for. But the fracas during the arrest had overshadowed that original charge and now Farrell was stuck with Glitsky’s and Jenkins’ egregious overcharging. But there was nothing for it. He had to brazen it through. “One count of threatening an executive officer (four twenty-two), one count of attempted murder on a police officer (six sixty-four/one eighty-seven). Three counts assault on a police officer with a deadly weapon (two forty-five[d] [one]), both of these latter two with firearm enhancement. Three counts,” Farrell went on, “battery on a police officer (two forty-three[b]). All charges with a twelve-oh-two-two point one enhancement, since the defendant incurred these charges while he was out on bail.”

“Your Honor!” Denardi again, on his feet. “There was no attempted murder. One of the officer’s duty weapons fell out of its holster and Mr. Curtlee picked it up.”

“And pulled the trigger,” Jenkins said.

“I don’t think so, Amanda. And beyond that, Your Honor, the alleged assault was pure self-defense. The police arrived at his house without a warrant and then attacked Mr. Curtlee when he went outside to find out what was going on with more police presence out in his street. This was a bogus arrest, as I’ve said before. Anyone would have resisted it, would have been justified resisting it, even with force.”

This speech got a little rise out of the gallery, and yet again, Donahoe made no effort to control it, but rather let it run its course.

“Your Honor,” Farrell said over the slowly subsiding hum. “All three police officers involved in the arrest are in the courtroom and are willing to testify about-”

But here, finally, Donahoe seemed to disapprove. Her mouth went tight and the flush came up in her face. “We’re not turning this into a preliminary hearing, Mr. Farrell. I believe I made that clear during my opening comments. The question is about bail. And, to be honest, I’m tempted to send it back over to Judge Baretto and see what he thinks we ought to do.”