Deadlocked

Chapter 30

"The court calls the case of State v. Mason. Counsel, state your appearances," Judge Pistone said, his chin aimed at his lap, scribbling notes on the docket sheet.

"Patrick Ortiz for the state, your Honor."

"Dixon Smith for the defendant, Lou Mason. We waive reading of the charges and enter a plea of not guilty."

"Bail?" Judge Pistone asked.

"We ask that the defendant be released on his own recognizance," Smith said before Ortiz could answer.

Judge Pistone looked up, leaned back in his chair and held up his hand as Ortiz started to reply. "You're slow off the mark today Mr. Ortiz, but you'll get your turn. Mr. Smith," the Judge continued, "have you ever known any judge to release someone charged with capital murder on their own recognizance?"

"No sir," Smith answered.

"Then why would you make such a ridiculous request, knowing that I'll never grant it?"

"It's no more ridiculous than what the prosecutor is going to ask for, especially if he opposes any bail."

"I've denied bail in many murder cases," the judge said. "Why will the prosecuting attorney oppose bail in this case?"

Smith moved from behind his counsel table to the center of the courtroom, placing himself between the judge and Ortiz, blocking out his opposition. Elbows angled out from his hips, hands open, he filled the stage he had set.

"Mr. Ortiz is going to tell you that this was a heinous crime-that Mr. Mason is a lawyer and that lawyers are held to some higher standard because they are officers of the court. He is an officer of the court but that doesn't mean he gets any less justice or due process than the lowest born. The prosecutor is going to tell you that there's overwhelming evidence of Mr. Mason's guilt and that that makes him a flight risk and a danger to the community. Mr. Ortiz is going to tell you all of that and then ask you to set bail so high Mr. Mason can't possibly post it or deny it outright."

"Mr. Ortiz," Judge Pistone said. "Sounds like Mr. Smith has heard you make that speech before, as have I."

Ortiz rose, strolled past Smith, and rested his forearm on the shelf beneath the judge's bench that lawyers used during trial when they wanted to tell the judge something they didn't want the jury to hear. He turned toward the audience, ignoring Smith, and smiled, covering his irritation that he had let Smith get out of the box ahead of him.

"Your honor, it was true the first time I said it and it's even truer today," he said, pivoting back toward the judge, both hands on the shelf, shrinking the courtroom to an intimate box that excluded Mason and his lawyer. "This was a cold-blooded, premeditated murder. The defendant lured Sandra Connelly to an office park at night when no one would be around to interfere with his plan. He has admitted shooting her with his own gun and has made up the biggest fish story since Jonah and the whale to blame it on some mysterious assailant. There's a very good argument to be made that bail should be denied."

"If there is, Your Honor, that's not it," Smith said, joining Ortiz at the bench, crowding the prosecutor. "We're not here to try this case. If we were, you'd hear evidence that the killer disabled Mr. Mason with a stun gun, fired the fatal shot, put the gun in Mr. Mason's hand, pulled the trigger a second time to frame Mr. Mason, and then tried to make Mr. Mason kill himself."

Smith returned to his counsel table, then paused enough to let the scenario he'd painted sink in. He drew the judge's attention away from Ortiz who was forced to turn his back to the judge so he could hear the rest of Smith's argument. Standing behind Mason, his hands on Mason's shoulders, he continued.

"If the killer had succeeded, Mr. Ortiz would say it was a murder-suicide and call it a day. The killer didn't succeed because Wilson Bluestone, a former homicide detective, chased the killer away. The court knows Mr. Mason. He's a well-respected lawyer who has lived in this community all of his life. Sandra Connelly was his friend and former partner. There's nothing more important to him than clearing his name and finding out who killed her. He's not going to flee and he's not a threat to anyone. Mr. Ortiz hasn't got a motive for Mr. Mason to have killed Ms. Connelly and he hasn't got a reason for Mr. Mason to be a threat to anyone else," Smith said, leaving Mason for the podium between the counsel tables.

"Are you asking the court to deny bail, Mr. Ortiz?" Judge Pistone asked. Ortiz took a breath, buying a moment, stuck between the judge's bench and the podium. "Mr. Ortiz," Pistone snapped. "Make a decision."

"Yes," Ortiz answered, facing the judge. "The state opposes bail."

"On what grounds?" Smith demanded.

"Mr. Smith," Judge Pistone said, "sit down. This isn't your courtroom and Mr. Ortiz isn't on the witness stand."

Smith unbuttoned his suit jacket and smiled as if he'd received an invitation, not an order.

"We have reason to believe that Mr. Mason poses a serious threat to others," Ortiz said.

"What others?" Smith asked from his seat, drawing Judge Pistone's glare. "Sorry, Your Honor. My mistake."

"What others, Mr. Ortiz?" Judge Pistone asked, pretending not to hear the muffled laughter from the audience.

Ortiz shot a glance at Smith, angry that he'd let Smith trap him. Smith had goaded the judge into making Ortiz reveal more of his case than he was ready to. Ortiz knew he either had to fold on Mason's bail or tip his hand. Having committed himself to opposing bail, he would lose too much credibility with the court if he didn't back it up. Smith didn't return Ortiz's look, watching the judge instead.

"Your Honor," Ortiz began. "Sandra Connelly was representing Whitney King. The defendant had two clients, Nick Byrnes and Mary Kowalczyk, who were threatening to sue Mr. King. Mr. King will testify that the defendant had followed him and threatened him. Ms. Connelly had tried to talk the defendant out of filing a lawsuit. Mr. King's office is at the Holmes Corporate Center. We believe that the defendant used Ms. Connelly to lure Mr. King to his office where he intended to kill both of them. Mr. King didn't show up, so he killed Ms. Connelly anyway."

"Why didn't King show up?" Smith asked.

Judge Pistone hammered his gavel. "Once more, Mr. Smith, and both you and your client will need lawyers! Understood?"

Smith raised both hands in surrender. "Understood. Yes sir. Understood."

"Well, Mr. Ortiz," Judge Pistone said. "Why wasn't Mr. King there?"

"Your Honor. As Mr. Smith said, this isn't a trial. It's premature to lay out all the evidence at this stage of the case."

"Not if you expect me to deny bail because of a threat to Mr. King."

Ortiz nodded, blood creeping up his neck as he returned to his seat, his assistant shrinking into her chair. "Mr. King didn't know about the meeting. That's all I'm prepared to say at this time," he said.

Mason looked at Smith, who smiled back, waiting for the judge to call on him.

"Now it's your turn, Mr. Smith. What do you have to say?"

Smith rose slowly, taking his time to the podium, resting his elbows as he looked at Ortiz, shaking his head like a disappointed parent, then straightening and giving his attention to the court.

"Whitney King was tried for the murder of Nick Byrnes's parents fifteen years ago in this courthouse. He was acquitted. His codefendant was Mary Kowalczyk's son, Ryan, who was convicted of the murders and executed last week. Nick Byrnes and Mary Kowalczyk both hired Lou Mason to prove that Whitney King was guilty of those murders and that Ryan Kowalzcyk was innocent. Since King's murder trial, eight out of the twelve jurors who acquitted him have died violently. Two of them were shot to death in the last week. Both were shot in the face, just like Sandra Connelly. Last week, Whitney King shot Nick Byrnes. Although Nick survived, he may be crippled. No charges have been filed in that case. Mary Kowalczyk has vanished. Yesterday, Mr. Mason filed a missing persons report on her and the police are investigating her disappearance.

I'd say that if anyone needs protection, it's Lou Mason, not Whitney King."

Judge Pistone rested his chin on his fingertips, looking back and forth from the defense to the prosecution.

"Bail set at one hundred thousand dollars. Next case."