The Advocate's Ex Parte (The Advocate Series Book 5) Read online

  “Hi, kid,” JP said, as he took the last step. He smiled his sexy half smile.

  “Hi, JP. So what do you have for me?”

  He handed her a report. “Not as much as I’d like, but this might help a little. The kid has a good school record, good grades, no previous delinquent history, and whenever he had problems in school he willingly did his punishment and seemed to change his behavior for the better. That, along with a good report from a psychologist, might help to show he can be rehabilitated before he reaches twenty-five-years old.”

  “That’s assuming the psychologist I obtained provides us with a favorable report.”

  “You’ve always been able to find someone who has a more liberal view on these things. Why are you so concerned on this one?”

  “I don’t think he made a good impression on Dr. Heller. I spoke with her briefly on the phone and she didn't sound too positive about our client, but she’ll be here with the report soon. Let’s go meet with the kid. I just had him taken into an interview room. You can tell me what you think.”

  They walked down the steps in silence. Things had become a little awkward between them. Sabre didn't like it. She had always been so comfortable around JP. He made her feel safe and had saved her from more than one crisis. But after the last case ended, Sabre and JP went out for drinks and Sabre had a few margaritas. She didn't recall exactly how it all went down, but she knew she came on to him and he refused to engage because of her intoxicated state. She knew he had done the right thing and respected him for it. Or maybe he just wasn't interested. Either way, it was best. She just wanted things to return to normal.

  At the landing at the bottom of the stairs, JP opened the heavy wooden door for Sabre. Though in the lobby, they were still about twenty feet from the front door. The news cameras were not allowed inside juvenile court, but they hovered close to the front entrance. As others entered the front door, Sabre could see that the crowd outside had grown bigger and the reporters more aggressive. They were trying to catch anyone who was remotely connected to the Durham case. She spotted a tall man whom she recognized from Channel 10, a local station. He caught her eye. Sabre quickly turned away.

  "Did you have any problem getting past the reporters?" Sabre asked JP, as they walked through the lobby.

  "No, apparently they don't know who I am," JP said.

  "They will now. John Gavin from Channel 10 just saw us together. I expect you'll be attacked when you leave here."

  JP looked toward the door and saw Gavin watching him. "I’m sure they'll be on me like stink on a polecat, but don't worry. I can handle 'em."

  Sabre looked at JP and smiled. "I know you can." She knew what he would do. Nothing. Absolutely nothing. He wouldn’t say a word; he’d just walk away, leaving them with their limp microphones dangling in their hands.

  JP opened the door to the interview rooms. The area was a large rectangular shape, divided down the middle by a hallway. One side contained a couple of desks that the court interpreters used due to the lack of working space in the courthouse. The other half was divided into three separate rooms. Each had a door with a small glass window. So without opening the door, the attorneys could easily see if it was occupied or if their client had been brought in. Sabre glanced and observed an adult cuffed to the bench on the opposite side of a large glass partition. He was talking to his attorney. The second had a prisoner waiting either to be seen or to be returned to his cell. The third confined Sabre’s client, Matt Durham.

  Fourteen-year-old Matt was about five-feet-ten-inches tall, had a slightly rounded face, and was of average weight. His light brown, wavy hair lay tightly against his head, not exposing the curls that were evident in earlier school photos. He looked innocent sitting there. Just a child, Sabre thought as she walked into the cubicle.

  "Matt, this is my private investigator, JP Torn. He'll be helping us on this case. He may need to speak to you from time to time. If so, please cooperate with him."

  "Howdy, Matt," JP said. The plexiglass between Matt and the two of them prevented JP from shaking his hand.

  "Hi," Matt said.

  Sabre and JP sat down in the worn, metal folding chairs. Matt was seated on a wooden bench, one hand cuffed to the bench by a two-foot-long chain that prevented him from moving very far in the tiny three-by-five area.

  Sabre began. "As discussed earlier, we have our fitness hearing this afternoon. The DA will be arguing that you’re not fit to be tried in juvenile court because of the specific crime you are charged with. We have to rebut that presumption. In other words, we have to prove that you are fit and that you can be rehabilitated before you reach the age of twenty-five. That's the longest they can keep you in custody as a minor."

  "And if we lose?" Matt asked.

  "Then you would be tried downtown in adult court, and if you’re convicted your sentence would likely be much longer, perhaps life imprisonment."

  "But I'm only fourteen," Matt said. His face and his voice both pleaded for help.

  “I know, and if you were thirteen we wouldn’t be having this hearing, but the law says when you are fourteen and have been charged with murder you are presumed unfit for juvenile court and we have to show otherwise. I’m hoping the psychological evaluation you did with Dr. Heller will help us.”

  “But will they have the hearing this afternoon since our judge is dead?”

  “How did you know that?” Sabre asked, a little surprised that her client knew about Judge Mitchell.

  “Everyone in the Hall is talking about it.”

  “Of course. It’s been all over the news and the Internet.” Sabre studied Matt’s face for a few seconds. “It depends on whether there is a judge available to hear your case who feels ready to go forward. This case has received a lot of media attention so they will be careful with it. I could ask for a continuance to try to buy us a little more time, but it likely won’t matter. If the new judge is ready, it’ll be heard today.”

  “Judge Mitchell didn’t seem to like me very much. Maybe we’ll have a better chance with another judge.”

  Sabre wasn’t exactly sure how to respond to that. It was true Scary Larry had made it pretty clear how he would rule and it wouldn’t have been in Matt’s favor. Matt apparently knew that as well.

  Sabre explained, “Judge Mitchell was very outspoken and rather erratic, so even though he seemed to be leaning toward the prosecution he could still have gone our way. He actually may have been our best chance.”

  “Damn, I thought since he was dead maybe it would help us,” Matt said with no regard for the judge’s life. Sabre and JP exchanged glances. Matt looked from one to the other and then added, “It’s not like I wished him dead or anything. I’m just sayin’.”

  “I understand.” Sabre deliberately changed the subject. “Matt, I have a couple of questions for you and I’ll need you to look at some photos from the crime scene. They’re pretty gruesome. Are you up to that?”

  Matt nodded his head. “Whatever you need.”

  “As you know, we have an uphill battle here,” Sabre said. “Your alibi is weak and the murder weapon—the baseball bat they found in the bushes in the park with blood from both victims—belonged to you.”

  “I know it’s my bat, but it’s been missing for a while. It was stolen at the baseball game. Someone walked off with it that night. I looked for it after the game, but I couldn’t find it. The equipment had already been loaded in the van so I just figured someone put it in the bat bag and I’d get it at the next practice. You can ask my coach.”

  “I have an appointment to speak with him on Saturday,” JP said. “And I’d like to verify your alibi, but I need to know the name of the friend you told Ms. Brown you were playing video games with.”

  Matt shrugged. “Just a friend. That’s all I’m saying.”

  “We’re going to need to know his name so we can corroborate your alibi.”

  “I don’t want to get him involved.”

  Sabre cut in. “You understand yo
u’re on trial for murder, right? We need all the help we can muster.”

  “I didn’t do it, so I don’t need an alibi. You’ll see.”

  JP and Sabre were silent for a few seconds and then Sabre proceeded with another line of questioning. “Can you tell me what happened earlier that day in the cafeteria between you and the victim, Hannah Rawlins?”

  “What do you mean?”

  “There are witnesses who say Hannah humiliated you last week in the school cafeteria.”

  “It wasn’t that big a deal. She left when I sat down beside her. That’s all.”

  “She left the cafeteria?”

  “No, she went and sat somewhere else. Do they think I killed her because she wouldn’t eat lunch with me? That’s ridiculous. I didn’t kill her. Someone must have set me up.”

  “Was anyone with you?”

  “No, I was by myself, but there were lots of students there.”

  “I’ll follow up,” JP said.

  Sabre removed a photo of the crime scene from her briefcase. She held it up to the glass and said, “I’m sorry you have to look at this, but I need you to focus on Hannah’s arm. Do you recognize the blue wristband she’s wearing?”

  He glanced at the photo. “It looks like one I had, but I can’t read it so I don’t know for sure if that’s mine.”

  “Did you give a wristband to her in the cafeteria?” Sabre asked.

  “Yeah, she had given it to me a few months back when we were hooking up. I tried to give it back to her.”

  “You tried? What does that mean?”

  “I offered it back to her, but she said, ‘No thanks.’ So I dropped it on her tray when she started to walk away.”

  “Please look very carefully. See if you can tell if it’s the same one.”

  Matt looked at the photo, from top to bottom, covering every inch of it with his eyes. “I’m not sure,” he said. He continued to stare at the dead body. At first, Sabre thought he was anxious or upset having to see Hannah’s body, but then she saw what appeared to be admiration or even pride. His eyes almost twinkled and his lips parted, turning up ever so slightly on the edges. He closed his eyes for just a second and licked his lips. Sabre set the photo down and turned it over. She didn’t show him the rest of the photos.

  Chapter 3

  The Durham Case

  Child: Matt Durham, Defendant

  Type: Delinquency case

  Charges: Two counts of First Degree Murder

  Victims: Hannah Rawlins & Mason Usher

  Facts: Double homicide. Two teenagers bludgeoned to death with a baseball bat.

  “That was disturbing,” Sabre said when she and JP had reached the balcony once again.

  JP shook his head. “Very. He was getting excited just looking at the photo of the dead body.”

  “At least I know not to put him on the stand to testify.”

  “Are you going to continue to represent him?”

  “As long as he stays in juvenile court, I will. He’s a kid, he needs help, and he’s obviously very sick.”

  “He's not sick. He’s just plain mean. That boy would make a hornet look cuddly,” JP raved on.

  Sabre frowned. She knew this wasn’t going to be easy and Matt frightened her, too, but he still deserved the best defense possible.

  “I have to see this through…at least for the fitness hearing.”

  “And if you lose that?”

  “I’m not sure. I’ve been thinking about letting it go if they send it downtown. My calendar is so full and it’s difficult dealing with yet another courthouse.”

  “But not because you know he killed those two kids?”

  “I still don’t know that for sure.”

  “For God’s sakes, Sabre. You saw how excited he got when he saw the photo. That boy is plain evil.”

  “Maybe, but even so, he still has a right to counsel.”

  “Well, I don’t know if I can help you on this one,” JP said.

  “That’s your choice,” Sabre said coldly. “But I’m not going to dump him just because of the crime. I knew it was a gruesome double homicide when I took the case. You know how I feel about this sort of thing. I don’t have to like what he did, but that won’t stop me from defending his rights and that includes his right to a fair trial.”

  JP took about three steps away from Sabre, shaking his head in frustration. He stopped and without looking at her he said, “You heard his reaction to the judge’s murder. He was pleased.” JP turned abruptly. “Sabre, maybe he killed Mitchell.”

  “He couldn’t have. He was locked up.”

  “He could have had it done. He may have a following.”

  “Do you really think he’s that sophisticated? He’s only fourteen years old.”

  “He’s a fourteen-year-old rattlesnake. Do you think he cares who he bites?” JP said loudly. He sighed and walked towards Sabre, put his hand on her shoulder, and lowered his voice. “Perhaps you’re right, but you still need to be careful. Someone had Mitchell killed right after an ex parte hearing with you. And Mitchell was trying to tell you something, maybe even warn you, about one of your cases.”

  Sabre wrinkled her brow. “How did you know that?”

  “Bob told me. He’s worried and so am I.”

  Damn him, Sabre thought. She didn’t want Bob to involve JP. His girlfriend, or ex-wife, or whatever she is now, was in town and staying at his house. Sabre certainly didn’t want JP to think she needed him right now, not if he was interested in someone else. She looked at the time. “We need to go do Matt’s 707 hearing.” Sabre grabbed her briefcase and they started down the steps toward the lobby.

  “Do you know who the judge is?” JP asked.

  “No, but I know they brought in Jane Palmer to prosecute.”

  “Is that bad?”

  “She’s tough. She fights hard, which is fine, but I don’t trust her. She thinks all defendants are the scum of the earth, and if she thinks she has any chance of winning at all, she won’t cut a deal. She treats even the slightest crime as if it were a…a….”

  “A double homicide? As if the perpetrator bludgeoned them to death with a baseball bat?” JP smirked. “I guess she’d be right with this one.”

  They walked into Department Three and took a seat in the back.

  “I still don’t like her,” Sabre said. Just then a woman in her mid-fifties with short, blonde hair interspersed with wisps of gray entered the courtroom. Sabre stood up. “Dr. Heller, thank you for coming.”

  Dr. Carolina Heller spoke with a heavy South American accent. “Here is your report, but can we speak for just a minute?”

  “Sure.” She followed Dr. Heller outside the courtroom. “Is there a problem?”

  “If you notice in the report, I’m recommending that Mathew be tried in juvenile court. He has some serious problems, but I believe he can be rehabilitated if he’s kept in the system for the maximum time allotted in juvenile court.”

  “You mean until he’s twenty-five?”

  “Yes. If they make a true finding on the facts, I couldn’t recommend a shorter sentence for him. He has some serious problems. And although he vehemently denies his guilt, I have my doubts. I know that’s not my job and you know I wouldn’t say that on the stand since it’s just a gut feeling, but I’m telling you for what it’s worth.”

  Sabre swallowed. “Thanks. I appreciate your candid assessment and I’ll certainly keep it in mind as we go forward.” Sabre didn’t share her own concerns with the doctor. She wasn’t sure what they meant anyway. Maybe she had it all wrong. She trusted Dr. Heller. Although she was a little more liberal on her assessments of children, Sabre knew the doctor wouldn’t suggest Matt was fit to be heard in juvenile court if she believed otherwise. Sabre’s job today was to keep this case in juvenile court and get this kid some help if it turned out that he committed these heinous crimes.

  “I was very upset to hear about Judge Mitchell,” Dr. Heller said. “Do they know who killed him?”

 
“Not that I’ve heard.” Sabre wondered if the good doctor believed their client might have had a hand in the murder.

  Sabre turned to see the ADA Jane Palmer walk into Department Three. She was a tall woman with big bones. She wasn’t overweight, but her large frame had never seen anything smaller than a size fourteen. Her light brown hair hung to her shoulders with just a bit of an upturn at the bottom, and her black-rimmed glasses perched permanently on her aquiline nose, suggesting a cool tactician with a business mind.

  “There’s the prosecutor now,” Sabre said. “I’m not certain if the court plans to go forward with this hearing today or not. Let’s go in and see what we can find out.”

  Dr. Heller took a seat in front of JP, and Sabre stepped into the well and approached Jane Palmer. “Good morning, Jane.”

  “Sabre,” she said, without looking up from her files that she shuffled on the table.

  “Are you going forward this afternoon on the Durham case?”

  Again without looking at Sabre she said, “I’m ready.”

  “Okay,” Sabre said.

  When Sabre turned around she caught the bailiff’s eye. Mike McCormick, an eye-catching sheriff in his mid-thirties, was her favorite bailiff. He moved his head in a slightly upward movement indicating she should come over to him. When she walked over to his desk, he said very softly, “Your case will be continued. No judge wants this one.”

  “Because of Mitchell?”

  “Exactly. They’re concerned that Mitchell’s death is related to this case.”

  “Is there something else I should know?” Sabre asked.

  Mike moved his head slowly from side to side. Then he stood up as Judge Charles Shafer walked into the courtroom and took his seat on the bench.

  “We’ll hear the Durham case first,” the judge said.