Polar Quest

39

‘The next matter before this court,’ Judge William Zigler announced, ‘is the People versus Oswald Eames. The deputies will please escort the defendant into the courtroom.’

Washtenaw County deputies led Oswald Eames in from the court’s holding cell. This time, he was dressed in a dark blue suit with a crisp white shirt and a conservative tie. Tiv Balogh stood waiting as one of the deputies removed Eames’s handcuffs.

‘Good morning, Mr Eames,’ Balogh said once the deputies had stepped away from the defense table.

Eames shook Balogh’s hand and nodded with a weak smile. His hands trembled slightly and he hoped Balogh couldn’t sense his nervousness. Nolan Kilkenny sat in the gallery behind the defense table.

Zigler cupped his hand over his microphone and turned to the clerk. ‘Let’s get started.’

‘The People versus Oswald Eames for the purpose of final conference,’ the clerk announced to the courtroom.

‘Appearances for the record,’ Zigler requested.

‘Kurt McPherson, representing the Washtenaw County Prosecutor’s office, Your Honor.’

‘Tiv Balogh, representing Mr Eames, Your Honor.’

‘Very well,’ Zigler began. ‘Mr Balogh, I have your motion to quash the bind over on your client.’

‘Yes, Your Honor. The prosecution does not have sufficient evidence to make its case.’

‘Mr McPherson, any comments?’ Zigler asked.

‘Only that we wholeheartedly disagree with the defense’s motion, Your Honor.’

‘I thought as much. The motion to quash the bind over is denied. Moving on to the motion to suppress evidence acquired as the result of illegal search.’ Zigler looked up from his file. ‘Mr Balogh?’

‘Your Honor, the search of my client was illegal under the Fourth Amendment. There was no probable cause to justify it. The blood sample taken from my client is the fruit of an illegal search, and the subsequent DNA test must be ruled inadmissible.’

‘Mr McPherson?’

‘Your Honor, there was a great deal of blood at the crime scene. There was also evidence that Miss Olson had been sexually assaulted. Those two facts led police to reasonably assume that DNA evidence from the assailant would also be found at the scene. The nine-one-one call placed by Miss Olson — ‘

‘Objection, Your Honor,’ Balogh interjected. ‘There is no proof that Faye Olson made that call.’

McPherson rolled his eyes. ‘Let me rephrase that, Your Honor. A nine-one-one call was placed from 4731 Pineview that implicated the defendant in these crimes. Based on this call, the detectives had cause to suspect Oswald Eames of these crimes and certainly had cause to believe they would find DNA evidence linking him to the crimes in a blood sample.’

‘I find nothing improper with the warrant. It is specific as to the item sought — the suspect’s blood sample — and the location where such a sample would most likely be found. I also find that there was probable cause for the search and that Mr Eames’s Fourth Amendment rights were not violated as a result of the search. The motion is denied, and the blood sample and subsequent DNA analysis are deemed admissible,’ Zigler announced. ‘Moving forward, Mr Balogh, I assume you would prefer a jury trial?’

‘Yes, Your Honor.’

‘Very well,’ Zigler said as he checked his calendar. ‘The trial will start on Tuesday, the eleventh of June, at ten o’clock.’