Chapter 42

The Interesting Evidence

Casey Merriman was nervous. She had her first major assignment blown with David Findley's death on the watch of one of her team members. And she had live dynamite to go with it.

After talking with Cathy, she had felt a little uncomfortable. The fact that the entire guard team was a scratch team made up of different women from different commands made things more uncomfortable. Before she had left Friday to go home she had taken a very unusual step. She felt it was for her own protection. Little did she know it would do much more.

Nanny cams had been popular at the turn of the century, and had become increasingly innovative and capable. The floppy ears and bright blue eyes of the bunny rabbit sitting on the table next to the flowers labeled "Get well David" was a far cry from the primitive devices of the earlier era. Blessed with binary SSD storage, low light video, and Stereo recording, burst wave transmission capability and extended range optics, as well as a receiver tuned to the national clock for time stamps, this device was well accepted as fulfilling the needs for prosecutorial evidence. Casey had bought the unit herself and had called to have it impounded when she heard of David's death on Sunday night.

The nursing staff had bundled the rabbit up amongst the other effects that were in the room when the room was sealed. Casey had taken along an investigator from internal affairs and homicide with her when she went to retrieve it. That was to prove to be fortuitous.

Looking at the timestamp and clear images on the projector screen caused Melissa Dove to exclaim "Shit. This is NOT how I wanted to start a Monday."

Clearly depicted was the woman entering the room, walking over to the IV stand and injecting something into the line going into David's arm. A few moments later, she reached over to the consoles and pushed a series of buttons, which immediately blanked the status board from yellow, indicating remote monitoring, to blue, indicating local monitoring only.

The woman turned to David and held his wrist, while watching her watch for several moments. After about two minutes, she walked away. The monitors visible to the camera clearly showed an abrupt cessation of activity on the Cardiac monitors.

The three officers looked at the screen and then at each other. This was nuclear waste of the worst sort. "Who do we even go to with this?" Melissa said out loud.

Silence was a response. After a few moments, Casey said "Well, I brought it to you guys. And I want a copy for my own files. Now you guys figure out where to take this"

"Casey, You are NOT to talk to anyone about this. In fact, you are to stay in the office here with me until we can get someone here to talk this over with you." Melissa said.

"Sure. But I want my PBA lawyer here as well. You may be trusted, but I recognize that face."

"I don't blame you." Melissa said, as she looked at the image of the woman in the nurse's smock. A woman she also recognized as the Director of external affairs for the Chicago Police Department. And who was clearly taped while murdering a suspect in custody.

"This is one hell of a way to start a Monday." Melissa asked aloud, "Who the hell do I even go to with this?"

Pre Trial Meetings In Judges Chambers.

Thelma Watson was the absolute last jurist that Colleen and Charlene ever wanted to present a case in front of. She taught part time at the University of Chicago Law school, had been anticipating becoming the Dean of that institution when she retired from the bench and was a very canny lawyer in her own right. Fifteen years in the DA's office had followed five years in the Public Defenders office, which meant that she knew both sides.

She also ran her courtroom like a ship at sea in wartime. You crossed her at grave risk to your self and others. She was also as fair as possible with each and every case. And had never been reversed on appeal.

"So, Charlene. With the primary defendant dead, why are we continuing with this trial in my courtroom? " Thelma began.

"Your honor, we believe that the remaining defendant was clearly a co-conspirator to the offenses we have presented, and that the charges we bring to this court are sufficiently heinous to result in a quick and damming conviction. We do, however, acknowledge the demise of Mr. Findley and offer to reduce from the current charges to a single charge of criminal abuse and negligence on the part of Ms. Findley."

"You wish I would take that" Sue Barksdale replied. "We will see you in court."

"Ms. Barksdale, I hope you have a solid line of reasoning for rejecting this offer?" Thelma replied.

"I believe I do. Your honor, the prosecution's assistant conducted an expensive witch-hunt to punish the people who lawfully terminated her younger sister. This activity has already indirectly resulted in the death of one of the defendants. The District attorney's office has squandered resources and filed a host of unsupportable charges in the hopes of trying this in the press and in persuading you to continue with a trial that has no merit." Sue said.

"Really? You believe that a conspiracy exists to punish your clients?" Thelma said.

"I believe that a single sad and grieving woman has abused her prosecutorial office and now her boss is trying to save face by manufacturing a charge that is outside of the legislative intent of the statues she is sworn to enforce." Sue said carefully.

"Your honor, it is the responsibility of judiciary to interpret the law and apply it to all situations where violations may have occurred. It is the responsibility of the prosecution to bring all of these issues to light." Charlene said.

"I am well aware of my responsibilities as a Jurist, Ms. Davis. And I thoroughly intend to execute those responsibilities. However, I am not comfortable with conducting a trial where the goal is to expand the meaning of a law outside of the legislative intent." Thelma replied.

"Your honor, our office believes that we have offered several times in good faith to reach a agreement on these charges in the interest of the state and have been rebuffed." Charlene continued.

"Excuse me" Sue interrupted. "Your honor, the prosecution started with over three thousand charges of unlawful discrimination and eighty six charges of slavery. They have charged over six thousand instances of Prostitution against women who were living there as live in workers because other laws restricted their movement. They have badgered all of the people exempted under the PCA with Findley's help and have incarcerated the man and his wife with no bond, conducted a massive public relations campaign, and have frozen their assets leaving them locked up and penniless. And they have been forced to drop everything except eight remaining charges of Slavery. For which you do not have a single living complainant. At the expense of almost two thousand man hours of grand jury investigation. And now the prosecution wants to extend the law to accommodate a new definition because the old one isn't good enough to get a conviction?" Sue asked.

"Your honor, we are offering now to settle for reduced charges on humanitarian grounds", Charlene began.

"No." Sue interrupted. "We are prepared to argue this case on the Facts and on the law at the time you say crimes were committed. Your honor, this is about the law. And what the law was. Either the state drops all charges or we continue with a full trial."

"Well, Ms. Davis. You have a decision to make here. But I want to let you know that I will not harbor any lawmaking in my courtroom. This is a decision on the case and the law as it was at the time of the alleged offenses. Ms. Barksdale, I assume you have sufficient witnesses to educate us on the aspect of the law in question?" Thelma said with a smile.

"As a matter of fact, I do. The woman who helped write the book on the slavery statute with respect to the PCA in Illinois and the Women's' chair of the University of Chicago."

"Your honor, calling the victims of this to testify for the defense is hardly prudent. They are people who are too close emotionally to see how badly they have been damaged." Charlene said, starting to object.

"But you have already quoted Nancy Ayers in your earlier case presentation without calling her as a witness. I don't think you can selectively quote a publication without cross examination, do you?" Sue said with a smile.

Sitting quietly, Charlene realized that delay was her friend, not the defense.

"Your honor, we need to have a continuation while we consider another offer that the defense may find more palatable." Charlene said.

"Ms. Davis, I will grant you an additional week. At this time, I am going to order the Margaret Findley's release." Thelma said. "In the mean time, If you move to re-file charges, or sue for a change of venue, or any other shenanigans, I will find you in contempt of court and hold you personally here until such time as I feel you have mended your ways." Thelma said coldly.

"Your honor, I object to the release. The circumstances of the Findley's being a flight risk have not changed." Charlene began.

"Sue, do you feel your client would object to surrendering her passport?" Thelma asked.

"No. Your honor,"

"So ordered. Ms. Davis. Either be prepared to try the cases with the victims testimony or be prepared for a finding. And no monkey business about Nula Proses. If you say that in my court while I am seated, you will be in jail for as long as I can keep you there." Thelma said.

In many states, the prosecution reserves the right to Nula Proses (or nullify processing) of the trial. They are in effect dropping charges and going home. This does not mean a finding of not guilty. It means that they elect to stop the process of prosecution at this time. This is usually done when the prosecution feels that they are afraid that a judge will render a statement or verdict that is absolutely off the wall. Very seldom used, because it is considered a withdrawal before verdict. And it pisses judges off a lot.

"Your honor, I would never do that without having extraordinary reasons" Charlene said

"Just remember it will have extraordinary consequences if you do." Thelma said.

"Your honor, I do want to bring up an issue that may have impact on this case" Sue continued with a smile. "Begging your indulgence, your honor, Ms. Davis, I am presenting you with a subpoena to appear before a grand jury of the US Seventh District Court in Springfield. There are some matters of investigation that you can help them to clarify"

Stunned silence filled the room. The old fashioned blue envelope was clearly embossed with the seal of the Justice Department and the notification was for today. "Your Honor, I was very thankful we went into chambers, as it would not be in keeping with my respect for your court to present it in public." Sue continued.

"Well, you damn sure have hutzpah doing this in my Chambers." Thelma said severely.

"Your honor, this is a very sudden development and one which we felt the court should be aware of. I did not intend to be either criminally or civilly in contempt, and this seemed like a good time, given your history of having an orderly courtroom, to deliver this. I would not want to cause a stir." Sue said with a very faint smile.

"I presume that this may have some impact on the ability of the prosecution to be ready in four weeks?" Thelma said drily.

"I would not venture to make any assumption on the amount of time needed." Sue said with a smile

As Sue walked toward the door, she suddenly stopped and turned. "By the way, Jamie Peterson has already flown back from Vegas. Among other things, I will be asking her specifically why she left the prosecutor's office. And why she left this case. And her opinion of the case management. Under Oath. And she has already received her subpoena as well."

"How did you find her?" Charlene blurted out.

"Counsuler, were you entertaining an obstacle to the process of the defense?" Thelma asked quietly.

The silence was broken by Sue. "I am not sure how Ms. Peterson was served, but I do have a recording of her accepting service." Sue continued. "And she is staying here in Chicago. At our expense."

"Your honor, we will need some time to prepare" Charlene said.

"Why? You already know what she will be testifying to. Nothing outside of the management and conduct of the case at trial." Sue smoothly continued.