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"All right. Maybe all that. Listen, A
"Sí. Something like that much. But they bring out the boys, and Juan and I are both there, you know, watching from back in the dark. They keep us apart and we're not supposed to talk, you know. They give us a card and we make an 'X' if we know somebody. But I see nobody I know, and later I find out Juan said it was number two. He knows. I tell him I don't think this is who I saw from the window."
"It was not Andrew?"
Shaking her head from side to side, she said, "No. Not if he was in that lineup." Then, with the confession out, she stopped all the frenetic movement. Her shoulders settled almost imperceptibly. "Juan, he takes my arm and asks me do I know what am I saying. He tells me that there is no doubt. This is who he saw."
"He did," Hardy said. "That's who he did see. Just not that one time."
"Sí. But he is… angry at me. Very angry. Do I think he does not know who he saw? Don't I know the police will help us with la migra if we help them?"
"They can't," Hardy said. "They won't."
"I think that, too. But Juan still hopes, you know. If we go to the trial and he says it was Andrew…" She trailed off. "Anyway, I don't fight him anymore." Her head was down, but she raised her eyes to him. "Not until yesterday. When I understand."
29
By the time Hardy arrived at the YGC at 10:15 and got himself admitted to the courtroom and then the defense table in the bullpen, all under the disapproving eyes of Judge Johnson, they appeared to have cleared all the motions, including the continuance request, and now were apparently in the middle of what Hardy supposed was their first witness.
But before they could get back to that, Johnson took off his glasses and spoke up. "For the record, the court notes the arrival of…?"
Hardy stood. "I'm sorry I'm late, your honor. Dismas Hardy, second chair for the minor."
Johnson's lips went tight, his eyes narrowed. "All right, Mr. Hardy. Would you care to approach the bench, please? Ms. Wu? You, too."
This was unusual, but when the judge called you up, you went.
"Yes, your honor?"
Johnson held his glasses in one hand, and it was shaking. His eyes were cold pools of glacier water. He spoke with a crisp clarity, brooking no misunderstanding. "I gathered from your various motions and witness list yesterday that you intended to make this hearing more of a protracted proceeding than I had intended to countenance in this particular case. Now I see a second lawyer at Mr. Bartlett's table. I don't often see two attorneys for one juvenile defendant in the seven-oh-seven. I wanted to give you both fair warning that I'm not going to tolerate any delaying tactics or tag-team mumbo jumbo from either of you. I'll hear from one lawyer per witness- either one of you, but only one. If your witnesses don't speak to particular criteria, I will dismiss them. If you waste this court's time, I will cut you off. Is that clear?"
"Yes, your honor." Hardy was stu
Johnson pointed a finger. "That's exactly my point, Mr. Hardy. Don't get me started. This hearing is not about the complexity of this criminal case. It's about whether Mr. Bartlett should be tried as a minor or not. That's all it's about. I've read your motions about calling witnesses for the gravity criterion and it doesn't take a genius to see what you have in mind on that score, but your witnesses had better be about facts and evidence. I won't tolerate any alternative theory nonsense- you can bring all that up in adult court if some judge will let you." He caught himself. "Assuming, of course, that this case goes to adult court."
He leaned down over the bench, shot a look at Hardy, over to Wu. He lowered his voice, which in no way diminished its intensity. "I believe we all know that we shouldn't even be here this morning, and wouldn't be, Mr. Hardy, if your firm had played straight with the DA. But now that we are here, I won't let you make a mockery of this proceeding. That's all."
Summarily dismissed, Hardy returned to the defense table while Wu prepared to continue with her witness. Seated next to Andrew, for several minutes Hardy found that he couldn't get his mind to focus. Johnson's warnings rang in his ears; A
Next to him Andrew sat not in one of the courtroom chairs, but propped and shackled to a wheelchair, his wrists cuffed and resting in his lap. A thick, cotton-wrapped white brace of some kind encircled his neck, bringing visions of Fra
Gradually, he forced himself to put the distractions aside. He reminded himself that this hearing was merely Act I of what looked more and more like it would become a three-act play- with the preliminary hearing in adult court next and then the trial to follow. On the stand next to the judge was an ex-cop private investigator friend of Wes Farrell's named Jane Huron, whom they were paying $350 and who was to have read Andrew's "Perfect Killer" story and picked it apart for criminal veracity. On the surface, Hardy thought, this was a simple and fairly straightforward task, especially since they'd supplied her with many of the objections Andrew himself had voiced for them.
She'd obviously been on the stand for a good while, and now Wu was apparently in the process of wrapping it all up. "So, Ms. Huron, based on your training and experience, eleven years as a police officer and seven as a private investigator, how would you characterize the criminal sophistication of the author of this story?"
Huron looked the part: short-cropped, dark hair, a dark blue pants suit. She was a hefty, solid woman with a no-nonsense face. Answering, she turned directly to the judge, as Hardy and Wu had suggested. They'd also told her not to mince her words. "Not at all sophisticated, in terms of the real world," she said.
"What specifically do you mean by that?"
"He showed no knowledge of how a real police investigation would treat such a crime."
"Could you give us one example, please?"
"Yes. His alibi was extremely naive."
"In what way?"
"Well, primarily because it wouldn't in any way have eliminated him from suspicion. The times of the deaths would have been consistent with his presence at the scene when they occurred, regardless of what he did afterward. It would have just been stupid. And then going back to the scene, and pretending to discover the bodies. Not even the most remotely sophisticated criminal would consider doing something like that."
"Anything else?"
Again, Huron looked up at the judge, as though for approval, and he nodded down at her. "Almost everything else, I would say. The author demonstrated little understanding of forensics, ballistics testing, gunshot residue, hair and fiber samples, any of the normal details that crime scene investigators routinely analyze as a matter of course. The kind of precautions outlined in the story- the surgical gloves and fingerprint worries and so on- are what you'd expect to get from watching television and movies. Not from any real-life crime experience."