Mountain Top(28)

It had been many years since Harris Coberg practiced law. His shoulders had started to droop, and his right hand had a slight quiver, but his piercing dark eyes retained the intensity that had made him a successful prosecutor long before Ken West arrived on the scene.

“We’ll take up the criminal matters first,” the judge said in his deep voice.

The judge glared at the table where the State’s attorneys sat. There was no sign of Ken West or anyone else from the district attorney’s office.

“What time is it?” the judge barked at no one in particular.

Mr. Forrest was immediately on his feet. “Five minutes after nine, Your Honor.”

“Thank you, Mr. Forrest.”

The side door leading to the DA’s office opened, and Melissa Hall entered with several files crookedly held beneath her arm.

“Glad you could join us,” the judge growled. “When I’m presiding, court begins promptly at nine. Is that a problem for you?”

“My apologies, Your Honor,” Hall replied. Mike could see the young lawyer’s face flush from across the room. “Mr. West was scheduled to handle this morning’s docket, but he called in sick.”

“Are you ready to proceed?” the judge asked in a voice that dared her to request a postponement.

“Yes, sir.”

“Let’s have it.”

“State v. Hughes. Defendant’s Motion for Independent Testing of Alleged Controlled Substance,” Hall replied.

Partway through the hearing, Judge Coberg glanced over at the lawyers’ section and nodded slightly at Mike.

Mike settled into his chair and listened. Assistant DA Hall didn’t put up much of a fight to a defense request for independent testing of alleged cocaine found at the defendant’s mobile home.

Greg Freeman handled the second hearing, a motion to suppress evidence of stolen merchandise found in the trunk of his client’s car. The key issue was the reasonableness of the initial stop of the vehicle. The deputy hadn’t figured out the nuances of the Fourth Amendment prohibition against unreasonable searches and seizures, and Freeman roasted him on cross-examination. Hall’s attempt to rehabilitate the deputy’s testimony only reemphasized his lack of probable cause to stop and search the car. The judge cut into Hall’s questioning.

“Deputy, you can’t stop a car in Barlow County and pry open the trunk with a crowbar because you heard at a bar the defendant was involved in a burglary.”

“But everyone knows he’s guilty,” the deputy protested. “And I found the stuff to prove it!”

“Not in my courtroom!” The judge’s right hand shook as he extended his finger toward the witness. “Next time, do your job right!”

The deputy silently appealed for help to Hall, who looked down at the paperwork on the table.

“Do you understand?” the judge continued.

“Uh, yes, sir.”

“I’m not sure you do, Deputy, but by the next time you appear before me, I hope the sheriff ’s office will have corrected the flaws in your criminal justice education.” The judge looked at Hall. “Tell Mr. West that I expect him to do a better job screening searches so the court’s time isn’t wasted with this kind of sloppy law enforcement.”

“Yes, sir.”

“Mr. Freeman,” the judge continued. “Draw up an appropriate order granting the motion to suppress.”

Freeman returned to the lawyers’ section and whispered to Mike, “I don’t think the judge has granted two defense motions in a row this year.”

“I’m next. I hope it’s three.”

“‘State v. Miller, Motion to Reduce Bond,’” the judge read from the sheet before him, then glanced up at Mike. “Mr. Andrews, are you representing Mr. Miller?”

“Yes, sir.”

Mike moved to the defense table where Sam, still dressed in a jailhouse orange jumpsuit, joined him. The bruise on Sam’s cheek had turned from red to purple. The old man smiled at Mike.

“Papa and I say ‘Good morning,’” Sam said.

“Keep Papa out of this,” Mike replied.

“Proceed,” the judge said.

“Yes, sir,” Mike answered loudly. He handed certified copies of the real estate records to the judge and Hall. “I tender these records into evidence.”

“No objection,” Hall responded.

Mike continued. “Judge, this is an embezzlement charge with bond currently set at $100,000. Mr. Miller and his wife own property free and clear in Barlow County, and his residence and the surrounding land have a tax value of $65,000. We’d ask that the bond be reduced to that amount. Mr. Miller has lived in the Shelton area for more than thirty years and operates his own lawncare business. He has no prior criminal record and doesn’t pose a serious risk of flight. He’s been in jail three months since his arrest.”