Hidalgo, any witnesses?”
She waves him off and is ready to sprint to the nearest door.
“Closing remarks from the attorneys?”
Bill stops at our table and says, “No, Your Honor, we believe enough has been said and we urge the court to rule quickly. Quincy Miller has been released by his doctors and is scheduled to be returned to prison tomorrow. That is a travesty. He has no business in prison, now or twenty years ago. He was wrongfully convicted by the State of Florida and he should be set free. Justice delayed is justice denied.”
How many times have I heard that? Waiting is one of the hazards in this business. I’ve seen a dozen courts sit on cases involving innocent men as if time doesn’t matter, and I’ve wished a hundred times that some pompous judge could be forced to spend a weekend in jail. Just three nights, and it would do wonders for his work ethic.
“We’ll adjourn until one p.m.,” His Honor says with a smile.
* * *
—
CANNON HOPS INTO a limousine and races away to the airport where his private jet is waiting to whisk him to a settlement conference in Houston, where he and his gang will carve up a drug company they caught fudging its R&D. He’s almost giddy in anticipation.
The rest of our team huddles in a café somewhere in the depths of the judicial building. Luther Hodges joins us for the first round of coffee. A large clock on one wall gives the time as 10:20 and it appears as though the second hand has stopped. A reporter butts in and asks if Quincy will answer some questions. I say no, then step into the hallway and chat with her.
During the second round, Mazy asks, “So what can go wrong?”
Lots of things. We are convinced Judge Kumar is about to vacate the conviction and sentence. There is no other reason for him to reconvene court at 1:00 p.m. If he planned to rule against Quincy, he would simply wait a few days and mail it in. The hearing clearly went our way. The proof is on our side. The judge is friendly, or has been so far. The State has all but given up. I suspect that Kumar wants some of the glory.
However, he could remand Quincy back to prison for processing. Or send the case back to Ruiz County and order Quincy held there until the locals screw it up again. He could order Quincy back to jail in Orlando pending the appeal of his order by the State. I do not anticipate walking him out the front door as the cameras roll.
The clock barely moves and I try to avoid looking at it. We nibble on sandwiches at noon just to pass the time. At 12:45 we return to the courtroom and wait some more.
At 1:15 Judge Kumar assumes the bench and calls for order. He nods at the court reporter and asks, “Anything from counsel?”
Susan Ashley shakes her head no for our side as Carmen does the same.
He begins reading: “We are here on a petition for post-conviction relief filed under Rule 3.850 by the defendant, Quincy Miller, asking this court to vacate his conviction for murder many years ago in the 22nd Judicial District. Florida law is clear that relief can only be granted if new evidence is shown to the court, evidence that could not have been obtained by due diligence in the original proceedings. And it is not sufficient to make an allegation that there is new evidence, but it must also be proven that the new evidence would have altered the outcome. Examples of new evidence can be recantations of witnesses, discovery of exculpatory evidence, or the finding of new witnesses who were unknown at the time of the trial.
“In this case, the recantations of three witnesses—Zeke Huffey, Carrie Holland Pruitt, and June Walker—provide clear proof that their testimonies at trial were compromised and inaccurate. The court finds them to be strong, credible witnesses now. The only physical evidence linking Quincy Miller to the murder scene was allegedly the flashlight, and it was not available at trial. Its discovery by the defense team was remarkable. The analysis of the blood spatter by experts on both sides proves that it was not at the crime scene, but probably planted in the trunk of the defendant’s car. The flashlight is exculpatory evidence of the highest order.
“Therefore, the conviction for murder is vacated and the sentence is commuted effective