First degree - By David Rosenfelt Page 0,33

insides?

How the hell am I going to help Laurie? And what if I can't?

I get up and take Tara for a two-hour walk. As always, she can sense my mood and mirrors it. She doesn't do anything to distract me from my thoughts; even when a squirrel passes, she doesn't try to go after it. I'm able to focus on the job ahead, and by the time we get home, I'm ready.

I shower and get to the courthouse at ten-thirty. As I did with Oscar, I meet with Laurie in an anteroom and prep her for the hearing. I tell her basically the same things, but I hug her considerably more than I recall hugging Oscar.

We are led into the courtroom on time, and Kevin is waiting at the defense table. Dylan and his colleagues are already in place, though this time he forgets to wish me good luck. The courtroom is packed with perhaps twice as many people and press as when Oscar was playing the lead.

Judge Timmerman once again handles the hearing. She asks if there is anything to be discussed before we begin, and Dylan immediately demonstrates just how contentious this is going to be.

"Yes, Your Honor," he says, "we believe that it is a conflict for Mr. Carpenter to be representing this defendant, and we ask that he be removed as counsel."

"On what grounds?" she asks.

"As you know, he represented Oscar Garcia when Mr. Garcia was charged with the same crime. Mr. Garcia may well be a witness in this case, which would be a clear conflict of interest for Mr. Carpenter."

As Dylan is speaking, I can feel Laurie tense up next to me, fearful that she will lose me as her lawyer. Kevin slips me a piece of paper, but I don't look at it, since I'm too intent on what Dylan is saying. There is no way I'm being taken off this case.

The judge turns to me. "Mr. Carpenter?"

I stand up. "Your Honor, just three days ago, Mr. Campbell stood before you and told you Oscar Garcia was guilty beyond a reasonable doubt. We told you he was wrong, and he now admits that he was. Now Mr. Campbell is telling you that it is Laurie Collins that is guilty beyond a reasonable doubt. He is wrong again. I don't know what the indoor record is for bizarre and false accusations in connection with a single crime, but he certainly is on a pace to break it.

"Since it is clearly his intention to keep charging people until he finally blunders onto the guilty party, and since there are more citizens in this community than lawyers, eventually some of us are going to be called on for representation more than once. We might as well start now."

"Your Honor," Dylan says, "I object to the frivolous nature of the response. This is a serious matter." As Dylan speaks, I take the time to look at the paper Kevin has given me.

"It is very serious," I agree, "and it was equally serious in New Jersey v. Clampett, which is directly on point and favors the defense position." Kevin had amazingly anticipated this possibility and found case law last night.

"But far more serious," I continue, "is the fact that this prosecutor has accused two innocent people of a brutal crime in one week. He has demonstrated a disturbing willingness to rush to judgment without the benefit of facts, and here he is doing it again." I'm being extra tough on Dylan not only because this motion is a cheap, unprofessional shot but especially because the press will lap it up. I can see the smoke coming out of Dylan's ears as I go on.

"Additionally, I am no longer representing Oscar Garcia and I am unaware of any connection he continues to have to this case. Should this ever reach trial, and should he testify, my co-counsel, Kevin Randall, will cross-examine him."

Judge Timmerman thinks for a few moments, then says, "Since the Garcia matter was of such short duration, I see no clear conflict. Therefore, I am inclined to side with the defense and allow Mr. Carpenter to remain as counsel to Ms. Collins. Mr. Campbell, if you choose to, you can take up the matter again with the trial judge."

Dylan nods his resignation that he has lost this motion, at least for the time being. I can feel Laurie sigh with relief.

That relief is short-lived, as Dylan reveals that the State of New Jersey is charging Laurie with