John Lescroart - The Second Chair

"That's correct, your honor."

"All right, then, for all practical purposes, we're finished with the seven-oh-seven. All that remains is for me to render my decision, which I've prepared and plan to deliver at the proper time. For my own peace of mind and, frankly, to preserve the integrity of the court, I wanted to share that tentative decision with all of you now, before we go out on the record."

He replaced his glasses then and opened the document that was on the desk in front of him. "The court finds that the minor was seventeen years old at the time of the alleged offense and that the offense falls within Welfare and Institutions Code 707(b). The court finds as follows: the minor is not a fit and proper subject to be dealt with under the juvenile court law."

He looked up, noted Hardy's and Wu's looks of frustration and defeat, went back to his text. "The court finds that the minor is not amenable to the care, treatment and training programs available through the juvenile court based on the degree of criminal sophistication exhibited by the minor for the following reasons: the minor eluded a vigorous anti-weapons campaign at his school for several months before the alleged incident, and carried a loaded gun concealed on his person…"

For the next several minutes, Johnson didn't look up as he read from the notes in his folder, finding that Andrew "is amenable to the care, treatment and training programs available through the juvenile court" for the second, third, and fourth criteria, and giving his reasons. So Wu had won three out of four, Hardy was thinking, not that it mattered one whit for their client.

"As to the fifth criterion," Johnson finally intoned, "the court finds that the minor is not amenable… the minor is an unfit subject to be treated in the juvenile justice system. The matter is referred to the district attorney for prosecution under the general law. The matter shall be set for arraignment in the adult court."

When he finished, he took a breath and removed his eyeglasses. "That's where we are," he said. "I wanted all of you to understand my position on the law, my reasoning and my ruling. That will be the ruling of the court."

Now he looked to each of the three lawyers in turn. "However, in view of Mr. Hardy's representation, and in the interest of justice and simple fairness, I'm not going to issue this ruling today. I'm going to take the matter under submission for one week, during which time you, Mr. Brandt, will discuss the matter with the district attorney and determine if he chooses to pursue the matter further, and to what degree. In the meanwhile, since Mr. Bartlett remains a minor until I formally declare him to be an adult, I intend to release him from his detention into the care of his parents until next week when I deliver my ruling."

Brandt, having won the hearing on its merits only to have the victory snatched from him, raised a hand and spoke. "Your honor, with respect, you can still issue your ruling today. The DA will be reviewing the case as a matter of course and will-"

But Johnson stopped him. "You're forgetting the special circumstances, Counselor. The minute I declare Mr. Bartlett an adult, he remains in confinement, and that doesn't seem right to me. There's no bail by statute in a special circumstances case. If I say he's an adult today, he goes downtown today. And it's my feeling that he's already been locked up too long. If he's innocent, one day is too long."

"Thank you, your honor," Wu said.

But he turned on her, too. "There's nothing to thank me for, Counselor." He tapped the document on his desk. "This will be my ruling. It goes into effect when I deliver it, one week from today. Meanwhile, your client doesn't leave the jurisdiction. He's under his parents' care and guidance the entire time. There will be a number of strict conditions. Is that clear?"

"Yes, your honor. Of course."

"Of course." Johnson was clearly sick of the whole thing. He looked at his watch and stood up. "If there are any more comments, I'd prefer not to hear them. My decision is my decision and it's final. Now I'd like to go out and put it on the record."

J ason Brandt wasn't as disappointed as he'd let on with Johnson's decision on Andrew Bartlett. In fact, as he listened to Dismas Hardy's representation to the court that morning, he'd realized that if even most of what his opposite number in the courtroom was saying proved to be true, he could be prosecuting an innocent man. And since it was all verifiable, why would Hardy lie? Then when the judge had ordered him to confer with the DA on the further disposition of the case, it removed any onus from him. He'd won the 707 hearing on its merits and that was the task he'd been assigned.

Now that was over.

Johnson had made his decision and anything he and Amy Wu might do outside of the courtroom would be irrelevant to the case. Technically, he should possibly wait to see her until the ruling next Wednesday, but there was just no way he was going to do that, not now. He'd take the risk, and if one of his bosses didn't like his timing, he had an answer that he knew would fly- they hadn't started until after the ruling. They would not be adversaries in the courtroom again.

But after they'd adjourned at the YGC, he'd had no opportunity to talk with her in the courtroom, set up a time they could get together. She, Hardy, Andrew and the Norths had been celebrating quietly around the defense table, and he had caught her eye for an instant- a message or a promise- then left by the back way. He'd called Jackman's office and Treya told him she could squeeze him in at a little after four o'clock, which meant he couldn't waste a moment, so he didn't.

When Brandt came in, Jackman stood, came around his desk and shook his hand, which Brandt took as a sign of enhanced recognition and even of approval. They sat on either end of the low settee in front of the coffee table. Jackman asked him what was so important and Brandt gave it to him in under five minutes.

"We can check this out pretty quick," the DA said in his quiet tone. He stood again and went over to the door. "Treya," he said, "is there a chance you could get me in touch with your husband right away?"

"I'll give it a try."

"Just transfer him to my line." Jackman came back into the office, went back to his desk, and the telephone rang once before he picked it up. "Abe. We've had a question come up here. There's a young man in my office, Jason Brandt, who's been prosecuting the Andrew Bartlett case up at the YGC. Mike Mooney and… Right. That's right, it's Hardy's case, too… You are? Well, the judge has postponed his ruling until he knows more. I'm thinking you might be able to tell Mr. Brandt what you've got and he can report back to me… Right, on Mooney, too, but all of it. Thanks."

Jackman hung up. "You know where you're going?"

"Yes, sir."

"Then go."

In the improvised computer room next to his office, a harried and exhausted Glitsky was bringing Brandt up to date between taking the reports of his people in the field and answering the questions of his workers. The clock on the wall read 4:40.

"I know. Hardy has already left me three messages about the slugs at Mooney's, but I've got other priorities at the moment. We don't have any of those slugs. We didn't find any the first time. I don't think it's likely we'll find them next time we look either."

"But do you think, personally, that Mooney was one of the Executioner's victims?"

Glitsky's lips pursed. "You don't?"

"I don't know."

"Well, start knowing. I'm not saying we can prove it yet, but it's a dead lock as far as I'm concerned."

"And Bartlett?"

"I don't know from Bartlett," Glitsky said. "Wrong guy, wrong place, wrong time."

Phones were ringing all over the office, and somebody from outside in the reception area called in, "Chief, your line."