Stone Cold

Chapter Thirty-Five

Claire sat at their counsel table, making notes and ignoring the chatter of the people who’d crowded into the courtroom, some of who had waited in line for an hour to get a seat. She didn’t raise her head when Patrick Ortiz and his assistant, Mark Berger, another criminal law professor, took their seats.

Alex kept her back to the audience, rounding her shoulders, trying to disappear. She took slow, measured breaths to calm herself. The realization that this was finally happening threatened to overwhelm her. She gripped the edge of the table with both hands and held on, letting go only when Claire gave her arm a reassuring squeeze.

She took another deep breath and swiveled around to face the crowd, looking past the many familiar faces, searching for Lou Mason. She’d spent as much time with him over the last six months as she had with Bonnie. He’d been through his own crucible, coming out on the other side with his life and dignity intact. He’d stepped up, taken his lumps, and moved on. Or so it seemed to her. She hoped it wasn’t an illusion, because the image she had of him gave her hope that she might land in a similar place.

She found him in the back of the room talking to Kate Scranton, an attractive, slender woman with long dark hair and intense eyes dressed in a business suit, a laptop tucked under her arm. Kate was their jury consultant. Claire had recommended hiring her, touting her unique ability to read micro facial expressions, which revealed as much about people as what they said and did. Bonnie wrote the check for her services, just as she had for Claire’s fees, one more debt Alex wondered if she’d ever be able to pay.

Alex had met Kate on the one visit she’d made to Kansas City from her home in San Diego. When she asked Alex to tell her about the case, Alex couldn’t escape the sensation of being put under a microscope. Later, when she asked Claire what Kate had said about her, Claire smiled and told her that Kate liked her and thought she’d be a good witness if it came to that. Alex didn’t press for more, afraid of what Kate might have seen in her involuntary expressions.

Mason led Kate to a seat in the row of chairs inside the rail directly behind their counsel table. Alex smiled at her and they shook hands, Alex quickly turning away, wanting Kate to focus her dissecting gaze on anyone but her.

Everyone quieted and rose as Judge West entered from his chambers, gaveled the case to order, and directed the parties to state their appearances. Claire didn’t waste any time, striking as soon as the ritual was completed.

“Your Honor, if I may, I have a preliminary matter that I’d like to take up before we begin jury selection.”

Judge West, swathed in his black robe and filling his high-backed, leather-bound chair to capacity, looked down at her.

“We’ll get to you in a moment, Ms. Mason. Ladies and gentlemen,” he said to the audience, “this is a courtroom, not a social hall, and this is a murder trial, not a happy hour. Keep your phones and cameras turned off. If I hear a phone ring or a shutter click, you’ll be buying a new one on your way home. Keep your comments to yourself and you can stay until you can’t take those wooden benches any longer. Violate these simple rules and you won’t be here long enough to warm your seat. Now, Ms. Mason, what’s on your mind?”

“Thank you, Your Honor. Mr. Ortiz listed a witness named Gloria Temple. His disclosures state that he doesn’t know her whereabouts or the substance of her expected testimony. I’d like to know if there’s been any change in her status so that we can have adequate time to prepare for cross-examination.”

Patrick Ortiz rose before Claire had finished speaking.

“Your Honor, the state understands its obligations to disclose this information and will act accordingly.”

“Satisfied, Ms. Mason?” Judge West asked.

“Not even close, Your Honor. If Mr. Ortiz knows the whereabouts of this witness and/or the substance of her expected testimony, now is the time to tell us. It’s not sufficient to say that he’ll follow the rules. I want to know now, not when she walks into the courtroom.”

“Your Honor,” Ortiz said.

Judge West held up his hand. “Not necessary, Counsel. Ms. Mason, the special prosecutor has told you all he’s required to tell you. Rest assured that I will give you ample time to prepare for this witness should that become necessary. Are there any other preliminary matters before we get started?”

“None for the defense.”

“The prosecution is ready to proceed.”

“Very well, then. Ladies and gentlemen, this courtroom is about to get pretty crowded. We’re going to bring in sixty potential jurors. We’ll put twelve in the jury box and the rest are going to sit where those of you on the left side of the courtroom are sitting. So you’ll have to squeeze in on the right side or stand along the wall or get back to work.”

Judge West nodded at his bailiff, who went to retrieve the jurors. The audience shuffled around, making room for them. Claire, Alex, and Mason huddled at their table.

“Well,” Claire said, “I thought Ortiz might have found Gloria Temple and that she told him something good enough to change his mind about making a deal. That’s why I pushed him on his disclosures.”

“Doesn’t mean that she isn’t the reason,” Mason said. “They may have a line on her but haven’t caught up to her yet.”

“I know. Do you think Blues can find out and maybe get to her first?”

“Depends on how much of a head start the cops have. I’ll go call him,” he said and left.

“What do you think’s going on?” Alex asked Claire.

She looked around the courtroom, drumming a pen on her legal pad.

“I don’t know, but I don’t think I’m going to like it when I find out.”