Barely Legal

52

Judge Buckingham surveyed the gathering in his chambers with displeasure. “The defense attorney has been arrested?” he said incredulously.

“Yes, Your Honor,” ADA Grover said. “When the officers attempted to serve the bench warrant, they discovered that Mr. Fisher was already under arrest.”

“For murder?”

“That appears to be the case. We’re still trying to sort it out, but apparently Mr. Fisher was found with a dead woman and the murder weapon in his hand.”

“I hardly think this is the place to get into the merits of that case,” Stone Barrington said.

“And who are you again?” Judge Buckingham said.

“Stone Barrington, Your Honor. Attorney for Mr. Fisher, appearing in his stead. I think you can understand why he is unable to be in court this afternoon.”

“You are using a murder arrest as an excuse for his failure to appear in court?”

“It beats ‘the dog ate my homework.’”

“So where does that leave us?”

“I believe we are entitled to a mistrial, Your Honor.”

ADA Grover nearly gagged. “A mistrial? Because the defense attorney killed someone?”

“Well, the defendant can hardly get a fair trial under the circumstances. Jurors are apt to hold Mr. Fisher’s arrest against him.”

“What do you propose, Mr. Barrington?”

“If Mr. Barrington would care to take over as defense attorney, we would have no objections,” ADA Grover said.

“I’m sure you wouldn’t, since I’m totally unprepared and know absolutely nothing about the case. But if you adjourn until tomorrow, I suspect Herb will be able to return.”

“What are we going to tell the jury?”

Stone considered. “To say the attorney’s been arrested would be highly prejudicial. There’s no way to continue after that.”

“What do you want to tell them?”

“Court’s adjourned until tomorrow. What more do they need to know? They’ll grumble a bit and go home.”

“And what’s going to happen tomorrow morning?”

“I’m sure Mr. Fisher’s misunderstanding will be straightened out and he’ll be back on the case.”

“Misunderstanding?” ADA Grover said sarcastically.

Judge Buckingham said, “All right. I’ll adjourn court until ten o’clock tomorrow morning, at which time Mr. Fisher better be here. If he’s not, he better be in jail. If he’s not, he soon will be.”