at Charlie’s tonight. I’ve got a bad feeling about this one.
Dylan is already in court when I arrive, but he glances quickly and then looks away as I enter. We are not going to be friendly adversaries during this trial, which is fine with me. I like to antagonize and annoy the opposing attorney in hopes of goading him or her into a mistake or misjudgment. It’s part of my style, and its effectiveness varies according to the opponent. Dylan has shown himself susceptible to this strategy in the past, so I’m not about to blow that potential advantage by getting chummy with him.
I work my way through the press and packed gallery to join Kevin, seated at the defense table. Seconds later Kenny Schilling is brought in. I usually like to talk to my clients before each appearance so as to let them know what to expect. I arrived too late to do so today, which is no tragedy, since this will be little more than a formality. Kenny’s role will be merely to sit and watch.
Judge Harrison comes in and immediately gets the hearing started. He’s basically an impatient man, and he usually presides as if he’s got a train to catch. Once Dylan and I are introduced as the respective counsel, Harrison says, “Talk to me, gentlemen.”
Dylan surprises me by requesting a gag order on all interested parties. It is clear that he considers Karen Spivey’s story, and the furor that followed, to be a negative for the prosecution. He wants the focus kept on Kenny as the only possible killer.
“Your Honor, the defense has been advancing wild theories in the press, which can only serve to pollute the jury pool,” Dylan says.
I’m torn here. Basically, I’d be fine with a gag order, since I’ve already put out Quintana’s name, and I have nothing to add to that. I’m questioning myself, though, trying to make sure that I am not subconsciously in favor of it so that I can more easily keep my deal with Moreno. Keeping that deal has the additional benefit of keeping me alive.
I stand. “Your Honor, the prosecution has been publicly proclaiming that my client is guilty since the moment of the arrest. The press coverage has been overwhelmingly in the prosecution’s favor. We would be in favor of the gag order as well; it’s too bad it couldn’t have been in place earlier.”
Dylan half whirls in surprise, not knowing what to make of this. I believe he had been hoping I would be opposed to the gag order and that Judge Harrison would be reluctant to impose it. This would have allowed Dylan to play the aggrieved party while still playing to the press every chance he got.
Harrison lets him off the hook. “Despite the apparent agreement on this issue by both parties, I am not prepared to issue the order at this point. But I do expect both the prosecution and defense”—he looks at the gallery—“as well as the media, to behave responsibly, or I will revisit the issue.”
Harrison announces his intention to set a trial date, and Dylan suggests the first week in November. That would be quick for a trial of this magnitude, which is why Dylan is again surprised when I propose the first week in September. Dylan is right to be surprised: It is straight out of Defense 101 to delay as much as possible. Unfortunately, Kenny did not take that course, and he’s insisted on his right to a speedy trial.
Harrison is also surprised. He’s six foot five, and from his position up on the bench it looks like he’s peering down from Mount Olympus. “Are you sure about this, Mr. Carpenter? That’s just six weeks from today.”
I decide to try to turn this negative into a slight positive. “Yes, Your Honor. Mr. Schilling wants to miss as little of the season as possible.” The football season starts around the same time as the trial will start, and I want any Giants fans on the jury to be keenly aware of their power to put Kenny back on the field.
Harrison handles a few minor “housekeeping” chores, then rejects my plea to set bail. I told Kenny that it was a formality, that there was no chance bail would be granted, yet I can still feel his disappointment when Harrison refuses.
I arrange to speak to Kenny in an anteroom for a few moments after the hearing. I tell him about the visit from Ugly and his comments