The lieutenant held up his hand. 'Don't say what he made us look like. I'm tired of that.' He turned toward Cowart. 'When this dog and pony show is all over, you get in touch. We'll talk again. But one thing.'
'What's that?'
'You remember the last thing I told you?'
'Sure,' Cowart said. 'You told me to go fuck myself.'
Tanny Brown smiled. 'Well,' he said quietly, 'keep at it.'
The big detective paused, then added, 'Walked right into that one, Mr. Cowart.'
Wilcox snorted a laugh and clapped the bigger man on the back. He made a pistol figure with his forefinger and fist and pointed it at Cowart, firing it slowly, dramatically. 'Zap!' he said. The two detectives then wandered toward the courtroom, leaving Cowart and the photographer hanging in the corridor.
Robert Earl Ferguson strode into the courtroom, flanked by a pair of gray-suited jail guards, wearing a new blue pinstripe suit and carrying a yellow legal pad. Cowart heard another reporter murmur, 'Looks like he's ready for law school,' and watched as Ferguson shook hands with Roy Black and his young assistant, glared once in the direction of Brown and
Wilcox, nodded toward Cowart, and then turned and waited for the judge to arrive.
Within moments, the courtroom was summoned to its feet. judge Harley Trench was a short, rotund man with silver-gray hair and a monk-like bald spot on the crown of his head. He had an instant officiousness to him, a clipped orderliness as he arranged papers swiftly on the bench before him, then looked up at the attorneys, slowly removing a set of wire-rimmed glasses from inside his robes and adjusting them on his nose, giving him the appearance of a fat crow on a high wire.
'All right. Y'all want to get this going?' he said swiftly, gesturing at Roy Black.
The defense attorney rose. He was tall and thin, with hair that curled long over the collar of his shirt. He moved slowly, with exaggerated, theatrical style, gesturing with his arms as he made his points. Cowart thought he would not be likely to get much slack from the short man on the bench, whose frown deepened with each word.
'We're here, your honor, on a motion for a new trial. This motion takes several forms: We contend that there is new exculpatory evidence in the case; we contend that if this new evidence were presented to a jury, they would have no alternative but to return a verdict of not guilty, finding reasonable doubt that Mr. Ferguson killed Joanie Shriver. We also contend that the court erred in its prior ruling on the admissibility of the confession Mr. Ferguson allegedly made.'
The attorney pivoted toward the detectives when he spoke the word 'allegedly,' drawing it out, labeling it with sarcasm.
'Isn't that an issue for the court of appeals?' the judge asked briskly.
'No, sir. Under Rivkind, 320 Florida twelve, 1978, and State of Florida versus Stark, 211 Florida thirteen, 1982, and others, sir, we respectfully submit that it was your honor who was prevented from having all the evidence when you made your ruling…'
'Objection!'
Cowart saw that the assistant state attorney had jumped up. He was a young man, in his late twenties, probably no more than a few years out of law school. He was wearing a three-piece tan suit and spoke in choppy, abrupt sentences. There had been considerable speculation about the fact that he'd been assigned to the case. Given the widespread publicity and interest, it had been assumed that the Escambia County state attorney would argue the matter himself, to give weight to the state's position through prestige. When the young attorney had shown up alone, the veteran reporters had nodded their heads in understanding. His name was Boylan, and he had refused to give Cowart even the time the hearing was supposed to begin.
'Mr. Black implies that the state withheld information. That is categorically untrue. Your honor, this is a matter for the appellate courts to decide.'
'Your honor, if I may finish?'
'Go ahead, Mr. Black. The objection is overruled.'
Boylan sat and Black continued.
'We contend, sir, that the outcome of that hearing would have been different, and that the state, without Mr. Ferguson's alleged confession, would not have been able to continue with their prosecution of the case. At worst, your honor, if the truth had been presented to the jury, Mr. Ferguson's trial attorney would have been able to make a powerful argument to those folks.'
'I understand,' the judge replied, holding up a hand to cut off any further talk by the defense lawyer. 'Mr. Boylan?'
'Your honor, the state contends this is a matter for the appellate courts. As far as new evidence is concerned, sir, statements in a newspaper do not constitute bona fide evidence that a court of law should consider.'
'Why not?' asked the judge abruptly, scowling at the prosecutor. 'What makes those statements any less relevant, if the defense can prove they took place? I don't know how they are going to do that, of course, but why shouldn't they have the opportunity?'
'We contend they are hearsay, your honor, and should be excluded.'
The judge shook his head. 'There are all sorts of exceptions to the hearsay rules, Mr. Boylan. You know that. You were in this court a week ago arguing the opposite.' The judge looked out at the audience. I'll hear the matter, he said abruptly. 'Call your first witness.'
That's it,' Cowart whispered to the photographer.
'What?'
'If he hears it, he's made up his mind.'
The photographer shrugged his shoulders. The court bailiff rose and intoned, 'Detective Bruce Wilcox.'
As Wilcox was being sworn in, the assistant state attorney rose and said, 'Your honor, I see several witnesses present in the courtroom. I believe the witness rule should be invoked.'
The judge nodded and said, 'All witnesses to wait outside.'
Cowart saw Tanny Brown rise and exit the courtroom. His eyes followed the slow path the detective made as he paced down the courtroom. He was followed by a smaller man Cowart recognized as an assistant medical examiner. He spotted, to his surprise, an official from the state prison as well, a man he'd seen on visits to Death Row. When he turned back, he saw the prosecutor pointing at him.
'Isn't Mr. Cowart a witness?'
'Not at this time,' Roy Black replied with a slight smile.
The prosecutor started to say something, then stopped.
The judge leaned forward, his tone brisk and slightly disbelieving. 'You don't intend to call Mr. Cowart to the stand?'
'Not at this time, your honor. Nor do we intend to call Mr. and Mrs. Shriver.'
He gestured toward the front row where the murdered girl's parents sat stoically, trying to look straight ahead, trying to ignore the television cameras that swept in their direction, along with the eyes of each spectator.