Wagmeister, wearing an unusually sedate tie, waxed unusually eloquent for the occasion. I’m sure it was just a coincidence that the cameras and recorders were all pointed his way. “I would like to advise the court that I will be joined in the defense of this case by my most esteemed colleague Ms. Terry Fisk.”
Judge Daglian thanked him for the notice. “Why does this require a formal appearance, Mr. Wagmeister? As long as the fees are coming out of your client’s pocket, he can have twenty attorneys as far as I’m concerned.”
And he probably will before this is over, I thought, even if they don’t all get paid. You’d be surprised how many lawyers are willing to donate a little pro bono time when it means an appearance on the five o’clock news.
“Yes, Your Honor, I understand, and I would not have taken up this court’s time if that were the only matter. I’ll defer to Ms. Fisk to present our next motion.”
I watched as Terry moved to the podium between the defense and prosecution counsel tables. A wave of camera clickings followed her every step, and when she got to the podium, she took her time adjusting the microphone down to her height, giving the photographers a chance to get their shots. And they’d be the best she’d ever had, because she looked terrific. Freshly styled hair, minimalist makeup, sharp suit-it was all working for her.
“Your Honor, at this time the defense will be requesting to reset the preliminary hearing for an earlier date.”
“And what date do you propose?”
“The day after tomorrow.”
What? I held my breath and prayed that the judge would say he couldn’t do it, that his calendar was full.
“People?” the judge asked. “Is that acceptable?”
I took my time as I rose to respond. “I have all my witnesses scheduled for the following week solely because Mr. Wagmeister chose that date-”
“If you’re unable to proceed on an earlier date, that’s fine, Ms. Knight. The court understands you relied upon counsel’s prior representation.”
Terry interrupted. “Excuse me, if I may, Your Honor. I have a suggestion. One that might alleviate the People’s problem. If the People can’t be ready, the defense will waive the preliminary hearing.”
Ian Powers wore a little smile as he shot his cuffs and straightened his jacket. The few reporters who understood what Terry had just said began to buzz, and those who didn’t know were nudging them for explanations. The buzz grew to a loud hum.
The judge banged his gavel. When the hum died down, he spoke sternly. “I’ve allowed all this press because I believe in the public’s right to know, but I will not have the courtroom disrupted. If you have something to say that just can’t wait until recess, say it outside.” Two of the reporters rushed out of the courtroom, but the rest stayed put.
The offer to waive prelim was a clever move. The burden of proof at a preliminary hearing is very low. All we have to show is that there’s “probable cause” to believe a defendant committed the crimes charged. When there are civilian witnesses, especially eyewitnesses, the chance for the defense to grill them early on and explore weaknesses-not to mention get statements on the record they can later use at trial to show inconsistencies-can be critical.
But in this case, Terry wasn’t giving up much, if anything, by waiving. And there was a big bonus in it for the defense: if there was no hearing, the evidence of Ian’s guilt wouldn’t come out until the trial. That would keep a lot of bad press off Ian Powers. Some of the evidence would dribble out through pretrial motions, but it would probably only be covered by print reporters. There wouldn’t be the kind of widespread publicity we badly needed to swing public opinion-or, more to the point, the jury pool-our way.
If I objected to Terry’s waiver, it’d either look like I wanted the public airing-which, though true, wasn’t cool, because it was an obvious effort to sway the jury pool-or look as though I wanted our evidence to be challenged, as though I didn’t really believe in my case. I had to decide quickly. Was it worth getting slammed for wanting to publicize our evidence? If I let the defense waive prelim, it’d be at least two months before I had the chance to put the evidence out there in any cogent way. I decided I couldn’t lose this critical opportunity. The battle for the hearts and minds of the jury pool had begun and it was time I joined it.
“As much as I appreciate the defense’s kind offer, the People must regretfully decline. We would like to proceed with the preliminary hearing. If I could have a moment to check with my investigating officer about witness availability, I’ll be able to tell the court whether I can make the requested date.”
“Go ahead, Ms. Knight,” the judge said. “I’ll give you second call.”
I moved to the end of the empty jury box, as far from the highly tuned ears of reporters as I could get, and called Bailey. When I told her what had happened, she erupted.
“Why the hell is the judge letting them do this?”
“He’s not, Bailey,” I whispered, my hand covering my mouth. “If we can’t get it together, he’ll deny the motion and give us more time. But it’d look a lot better if we do it without the extra time.” It was all about not showing any weakness. With the press breathing down our necks, every single move would be scrutinized and every talking head would give his or her own interpretation. A request for more time would play like we had a weak case and were scrambling to shore it up.
“Well, they’re almost all criminalists and techs, so it should be doable. Stand by. I’ll make sure.”
I stayed at the end of the jury box, my back to the rest of the courtroom, and pretended I was still on my cell so no one would talk to me. A few minutes later, Bailey called back.
“All clear. Only problem might be the coroner. But since they’re being so amenable about waiving prelim-” she said.
“Yeah. They should be willing to stipulate to the coroner’s testimony.”
I passed the defense on my way to the clerk’s desk and deliberately said nothing to either lawyer. Wagmeister put out a hand to get my attention, but I ignored him.
When the judge called the case, I said that we could be ready with all witnesses except the coroner. So if the defense would agree to stipulate to that testimony-
Terry jumped up. “The defense will be glad to stipulate. We don’t intend to contest the fact that someone murdered these victims.”
“Very well, then I’ll see all parties back in this court the day after tomorrow, eight thirty sharp.”
As I turned to go, I saw a reporter lean over the rail that separated the lawyers from the spectators and ask Terry for a comment.
If I got lucky, some channel would have a talking head who’d explain why I had to refuse the waiver. But I couldn’t worry about that now. I had a day and a half to get ready for a hearing that would be carried on nearly every station in the country from coast to coast.
57
The day of the preliminary hearing dawned hazy and blistering. Even at seven thirty, I had to take off my jacket as I headed up Broadway. I’d needed to walk to calm my nerves, and I was pretty sure I wouldn’t get ambushed by the press today. They’d be too busy lining up to get seats in the courtroom. As usual, my perennially ringing cell phone kept me company all the way. Maybe I’d miss it when the case was over…but I doubted it.
The courthouse was surrounded by satellite trucks, and as I reached the back door, I saw that there was a line of people waiting to get in and a huge crowd clustered on the front steps of the building. One young ponytailed woman held up a poster with an enlarged photograph of Ian Powers. Underneath his picture was the caption FRAMED. Another woman, who was wearing a beret, carried a poster titled NOT GUILTY. A beret? In this heat? Who could take someone like that seriously? As I entered the lobby, I heard chanting, but I couldn’t make out the words-and didn’t want to. A throng of reporters with cameramen filled the elevator waiting area, so I opted for the stairs. Already hot and tired, after two flights in the concrete and metal staircase, I emerged on the third floor wringing wet and out of breath. I had to find time to get to the gym. If only so I could outrun reporters.