Gary Harmon looked desperate when the guards led him into judge Kuffel's courtroom. He was twitching from nerves and had not slept.
"Please get me out of 'all, Pete," he begged as soon as he was seated between Peter and Amos Geary, "I'm scared there. I just want to go home."
"Wellyou might be doing just that, Gary. So, try to calm down."
While Peter was talking to Gary, judge Kuffel emerged from chambers carrying the motion for a new trial that Peter had hastily prepared after the meeting in judge Staley's chambers. He looked perplexed.
"You're joining in this motion, Mr. Ridgely?" the judge asked to make sure he understood correctly what he had just read.
"Yes, Your Honor. In light of certain matters that have come to my attention, I believe that the interests of justice require the court to set aside the guilty verdict against Mr. Harmon."
The judge still looked puzzled. He wondered where Becky O'Shay was and why Amos Geary was sitting with Peter Hale.
"What's the basis for this motion, Mr. Hale?" judge Kuffel asked.
"I think my first witness will clear up your confusion, Your Honor."
"Very well, call the witness."
"Mr. Harmon calls Kevin Booth."
Yesterday afternoon, after the meeting in judge Staley's chambers, Earl Ridgely, Peter Hale, Amos Geary and a detective from the Oregon State Police had interviewed Booth at the hospital. Booth was brought into court in a wheelchair and allowed to testify from it. He was wearing a hospital gown and a bathrobe.
"Mr. Booth," Peter said, after the witness was sworn, you have already testified in the case of State v. Harmon, have you not?"
"Yes.
"Was the testimony that you gave in Portland truthful testimony?"
"One second here, Mr. Hale," judge Kuffel said.
"You're asking this man if he committed perjury. If he says he lied, he's admitting to a crime."
"That's true, Your. Honor. But Mr. Booth is also testifying under a grant of immunity from prosecution for any false testimony given in Mr. Harmon's case, a promise that he will not be prosecuted for his part in the incident at Whitaker State College and a promise from state and federal authorities that he will not be prosecuted for his part in the crime that led to his arrest at his home."
Peter did not tell the judge that the cooperation from the feds had been obtained when Earl Ridgely threat- T ened to go public with what he knew about the rigged preliminary hearing and the undercover operation against the Colombian cartel.
"Very well. Proceed."
"Mr. Booth, I repeat, did you testify truthfully in this case?"
"When you said that Gary Harmon discussed his case with you at the Whitaker jail, was that true?"
"Yes."
"Did.Mr. Harmon ever tell you that he murdered Sandra Whitey?"
"No. He said he didn't do it."
"Why did you lie about what Mr. Harmon told you?"
"I was scared I'd go to prison on my federal drug charge, so I had to make a deal. It was my only way out."
"The prosecutor in Mr. Harmon's case is Rebecca O'Shay. Did you worry about her learning that you were lying about Mr. Harmon's guilt?"
"No. She wanted Harmon convicted."
"Mr. Booth, did Ms. O'Shay instruct you to conceal from the defense certain information that would have cast doubt on Mr. Harmon's guilt, if made known to the jury?"
"Yeah."
"What was one thing she didn't want you talking about?"
"Whitey was a cokehead and she bought from me.
She didn't have a lot of money, so sometimes she had to work off her debt. On the evening I was busted at Whitaker State with Chris Mammon, Whitey was late bringing thirty thousand dollars to the meet. When we were arrested, Mammon thought Whitey set us up. He told me he was going to kill her, if he found out it was true."
"And you told Ms. O'Shay about the threat?"
"Yeah. She knew Mammon was at the Stallion at the same time as Whitey on the night of the murder. I thought she'd be interested, but she said Harmon did it and I wasn't to tell anyone that Mammon knew Whiley."
"Did Ms. O'Shay tell you to keep quiet about anything else?"
Booth located Steve Mancini and his scarred lips twisted into a malicious grin.
"Yeah. I told her I saw Steve Mancini drive off with Sandra Whiley from the Stallion on the evening that Whiley was killed."
Donna put her hand over her mouth. Jesse Harmon fixed Mancini with a look of pure hatred. Mancini looked around nervously. He started to stand, but stopped when he noticed the armed guards that Earl Ridgely had stationed inside the courtroom doors.
"What happened when you told this information to Ms. O'Shay?"
"She said I'd better forget about it or she'd see I spent therest of my life in prison."
"Did Mr. Mancini know Sandra Whiley before the evening of the murder?"
"Sure. Mancini bought cocaine from me. Whiley delivered it to him at his office and his house a few times.
One time, she told me she had sex with Mancini for some of the blow."
Mancini had broken out in a sweat. His eyes darted around the courtroom, desperately seeking a way out.
"No further questions, Mr. Booth."
"Mr. Ridgely?" the judge asked.
"No questions."
"Do you have another witness, Mr. Hale?"
Peter faced the spectator section and said, "We call Steve Mancini, Your Honor."
"I didn't kill her," Mancini shouted.
judge Kuffel pounded his gavel. Mancini froze. The judge glared at him, then said, "You've been called as a witness, Mr. Mancini. Please come forward."
Mancini hesitated. He looked around at the accusing eyes that stared at him from every corner of the room.
'rhen, he walked unsteadily to the witness box. Peter looked directly at Mancini, but Steve would not look back.
"On the evening that Sandra Whiley was murdered, did you drive away from the Stallion tavern with her?" Peter asked. , "I'm ... I want to speak to a, lawyer," Mancini said in a trembling voice.
"Mr. Hale, I'm going to have to adjourn this hearing so Mr. Mancini can consult with counsel. From what I've heard here, he may need one."
Peter knew this would happen and he did not object.
Mancini started to stand up. Ridgely signaled to two police officers, who approached Mancini.
"I have a warrant for your arrest, Mr. Mancini," Ridgely said.
Steve froze. "Hey, Earl, this isn't true. I didn't kill her."
Ridgely ignored him. "Please bring Mr. Mancini to the jail," he told the officers. "See he's read his Miranda rights and is allowed to call an attorney."
"Earl," Mancini -begged, but Ridgely turned his back on him and Mancini was led out of the courtroom.
"May Mr. Harmon be released into the custody of his parents, Your Honor?" Peter asked, as soon as the courtroom had quieted down.
"That would be highly unusual. He's been convicted of aggravated murder."
Earl Ridgely stood slowly and addressed the court.
"Rebecca O'Shay is not present today because she is under arrest. Ms. O'Shay intentionally concealed crucial evidence from the defense. Evidence which casts grave doubt on Mr. Harmon's guilt.
I "I haven't had time to investigate this case thoroughly in light of the new information that the court has just heard, but I know enough to feet that justice will be served best by releasing Mr. Harmon into the custody of his parents while I sort everything out."
judge Kuffel pursed his lips and considered the request.
"Very well," he said "Mr. Harmon, I am ordering your release to the custody of your parents. There will be certain conditions you will have to follow, which I will devise after consultation with counsel. Do you follow what I'm saying?"