Extreme Justice

Chapter 42

WHEN BEN SAW Rick Anglin at the opposite end of the county courthouse corridor, he knew it wasn’t just a coincidence. There weren’t many people at the courthouse this time of night—and especially no senior members of the prosecutor’s staff.

They met outside Judge Sarah L. Hart’s courtroom. “Evening, Rick. Hope I didn’t get you out of bed.” Ben stretched out his hand.

Anglin didn’t take it. “As a matter of fact, you did.”

“Oh. No wonder you seem grumpy. I hate being awakened when I’m sleeping.”

“For your information, I wasn’t sleeping. Which is why I’m particularly pissed off!”

Ben decided not to pursue that tidbit of information. “Haven’t seen you in a while. Not since that prairie dog case. Where you been hiding?”

“In Jack Bullock’s shadow. Till you and Judge Hart got him suspended.”

“Hey, I didn’t have anything—”

Anglin held up his hands. “Don’t waste it on me, Kincaid. I couldn’t stand the man.” He popped open his briefcase and took out a file. “Look, we both know your client is guilty, so why don’t you make it easy for everyone and cop a plea now. I promise I’ll do everything possible to keep him away from the Big Needle.”

“No chance, Rick. Earl didn’t do it.”

“Yeah, yeah, I’m sure. Still, he’d be better off taking a plea.”

“That’s what his last lawyer told him, and he did twenty-two years for a crime he didn’t commit.”

Anglin blew air through his lips. “Man, it’s true what they say about you, isn’t it? You’ll swallow any sob story.”

“It’s not a story. It’s the truth.”

“And the cow jumped over the moon.”

“Rick, Earl Bonner is innocent.”

“Bullshit.”

“He didn’t kill Lily Campbell or Scat Morris.”

“Bullshit.”

“He’s being framed.”

“Bullshit.”

Ben pressed his finger against Anglin’s chest. “You need a thesaurus!”

They passed through the swinging doors and entered the courtroom. Judge Hart was sitting at the bench awaiting their arrival. Moreover, Ben was surprised to see his entire former office staff waiting for him. Christina and Jones and Loving were all lined up in the front row of the gallery.

“Who told you guys about—” He stopped. Anglin was tugging at his sleeve.

“Look, why don’t we work a few things out before we get to the judge? Surely you don’t have any fantasies about getting the charges dropped. Or about getting your man out on bail.”

“Actually, I do.”

They were interrupted by the sound of Judge Hart’s gavel rapping the bench. “I don’t want to interrupt you boys; but it is late and my collie gets very lonely if I’m not home by midnight. Could I possibly have a few minutes of your time?”

Ben and Anglin straightened up and approached the bench. “Yes, your honor.”

Judge Hart peered through her half-glasses and examined a sheaf of papers. “I’ve read the early report. We’ll have a formal arraignment day after tomorrow, but I must say, this arrest appears to be entirely in order.”

“I’ll take that up at the preliminary hearing,” Ben said. “Right now, I’d just like to make a motion.”

She nodded. “Very well. Give it to me.”

Ben coughed. “I was planning to make the motion orally.”

A silence covered the courtroom like a blanket.

What? Ben wondered. Do I have food in my teeth or something? He heard a low chuckle emerging from Anglin. Which he didn’t care for in the least.

“I guess you didn’t read Judge Hart’s amended court rules last month,” Anglin said at last.

A furrow crossed Ben’s brow. “Uh … no. Actually I’ve been out of touch with the legal world for a bit—”

“Judge Hart no longer accepts oral motions. Everything has to be in writing.”

Ben peered up at the bench.

“It’s the computers,” Judge Hart said, sighing. “They can’t track oral motions. That’s why I need everything typed up in the correct form.”

“Oh.” Ben swallowed hard. “What an interesting rule. I didn’t—”

Jones suddenly sprang to his feet. “Here’s your motion, Boss. Typed just the way you wanted it.”

“I—” Ben took the file folder and removed the motion within. It was perfectly prepared; Jones had even thought to make copies.

He handed a copy to the judge and to Anglin. “Here it is, your honor.”

Judge Hart took the motion and scanned it. “Yes, this will do nicely.”

Anglin stepped forward. “Your honor, I must object to this absurd attempt to have his client released on bail. The defendant is a convicted murderer!”

“Earl Bonner has served his time,” Ben rebutted. “He has a clean slate.”

“I agree,” Judge Hart said. “The man has paid his debt to society. We can’t hold that against him.”

“What about his behavior since he’s been released?” Anglin offered. “My sources tell me he’s been living on the edge since the day he left McAlester. He’s been linked to organized crime, drugs, prostitution—you name it.”

“That isn’t true!” Ben insisted. “He’s stayed out of trouble.”

Anglin leaned forward. “Yeah? Prove it.”

Ben stammered. “Well, I didn’t know—”

Loving rose to his feet. “Skipper? Here’s that probation report you asked for.”

“Probation—? Right—the probation report!” He snatched the folder from Loving’s hands. “See for yourself, your honor.”

Judge Hart took the proffered report and flipped through the pages. “According to this, Mr. Prosecutor, the defendant has been a model of good conduct. Never missed a probation meeting. Established his own business. Employs several people, including some inner-city youth who need jobs badly. There’s not a word about any criminal activity. Do you have a conflicting report?”

Anglin coughed into his hand. “Not at the moment.”

Judge Hart closed the folder. “That’s what I thought. Well then, with regard to this motion—”

Anglin cut her off. “Your honor, this is a capital offense. The death penalty is a real possibility here. Courts never consider bail in capital cases. Even for an honest man, the temptation to give flight is too great. And if the man bolts, we may never find him again.”

“There’s a way around that.” Somehow Ben wasn’t all that surprised when Christina leaped to her feet and passed through the swinging gates. She handed Ben a file and winked. “Like you suggested earlier, Ben, I think this is the perfect case for this.”

Ben began rapidly scanning the file. “Right. Perfect case.”

Judge Hart peered down from the bench. “Excuse me, Mr. Kincaid. Is this a member of your staff?”

“Yes, she—” He looked up abruptly. “She’s my legal assistant—and partner.”

Christina’s eyes expanded.

“She’s a law student, you know,” Ben added.

The judge nodded. “Indeed.”

“Oh, yeah,” Ben said. “Very promising. Top of her class.”

“Is that a fact? Well, congratulations, young lady. We need more female faces in this profession.”

Christina dipped her head. “Thank you, ma’am.” She nudged Ben in the side. “Thanks for the kind words—partner.”

Anglin cut in. “Look, I hate to interrupt this Hallmark moment, but there’s a motion pending. Setting Earl Bonner free would constitute a gross injustice, not to mention a threat to public safety.”

“Earl Bonner will not bolt,” Ben said firmly. “But it doesn’t matter because I have a suggestion that will eliminate the risk in any case.” He placed the file on Judge Hart’s bench. “Thanks to my staff.”