Bury the Lead - By David Rosenfelt Page 0,76
to delay the start of court until after lunch, to give both of them time to get here.
I use the additional time to talk to Kevin about our final strategy for these witnesses, though it will be a cakewalk. When we’re finished, I realize I haven’t talked to Daniel since all this went down, and I arrange to meet with him in a court anteroom.
The first thing Daniel says when he’s brought in is, “Is it all true? Did he really kill someone else?”
I confirm that it is in fact true and bring him up-to-date on where we stand. He takes it all in, a look of some wonderment on his face. When I finish, he says, “It’s weird: An innocent person dies and it makes our case.” My opinion of him instantly goes up a very large notch; his reaction is exactly what mine should have been.
Understandably, he soon focuses on the trial. “Is there any way we can lose? I mean, there has to be at least reasonable doubt now, doesn’t there?”
I always try to be honest with my clients when I have bad news, so I might as well continue with that approach when the news is good. “Unless we get another surprise, I think Tucker will have to move for a dismissal.”
I call Captain Millen to the stand, and before I start my questioning I have to make sure I’m not salivating. He doesn’t put up any real resistance, answering my questions honestly and dispassionately. He admits his belief that Denise Banks’s killer is the same person who killed Linda Padilla and the other women, though he says he cannot be sure.
Janet Carlson is next, and she puts the finishing touch on a perfect afternoon. She says there is no doubt that one man has done all the killings.
“So if we assume that Mr. Cummings has been in custody for the past three months, would you say there is reasonable doubt that he killed Linda Padilla?”
She looks at the jury as she answers. “I would say there is no doubt whatsoever. Mr. Cummings did not kill Linda Padilla.”
Tucker does not cross-examine and asks for a brief recess. When it’s over, he stands and addresses the court. “Your Honor, I don’t think it’s any secret that the events of last night have cast a new light on this case. It has always been the policy of this state to treat everyone in a fair and impartial manner, and my office conducts this and all cases with that fairness as our primary concern.”
I allow myself a look at Kevin, and his expression confirms my feelings. Tucker is about to give it up.
“With that in mind, Your Honor, we believe that you should order a directed verdict of not guilty, and all charges against Daniel Cummings in this matter should be dismissed.”
There is an uproar in the courtroom, but my feelings, while I’m happy with the result, are unlike any I’ve experienced in my career. We’ve won, a client I believe is innocent is being set free, but I feel I’ve done little to accomplish that fact. Forces outside of my control intervened to provide this victory, and mixed in with my joy and relief is a slight discomfort.
It’s possible that the actual mechanics of the event are causing my reaction. I’m used to the tension and buildup before a verdict; this opposition surrender has a bit of the surreal to it. But it’s happened; I only have to glance at the press section to confirm that.
I look at Daniel, who seems stunned even though I told him this was a very likely result. He stares at me, questioning, and I smile and nod. Only then does his face reflect his joy.
Calvin dismisses the charges and it’s over. Daniel hugs Kevin and me, and Tucker comes over to congratulate us all. It’s a surprisingly gracious gesture from a man who is sure to face some difficult media scrutiny.
Vince comes down to the defense table. He hugs Daniel, then Kevin and me, and I think he’s actually tearful. “Man, you did it,” he says to me. “You did it.”
It’s not true, of course, but I don’t bother to correct him. Someone else did it, last night, by strangling and mutilating Denise Banks.
• • • • •
OUR POST-TRIAL VICTORY celebration is at Charlie’s. It’s a tradition, and as always, we are given a private room in the back. In this case the privacy is more necessary than usual because the press