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Mountain Top(29)

By:Robert Whitlow


The judge silently read the documents.

“How is your jaw?” Mike whispered to Sam.

“They sent me to the hospital for an X-ray. It’s not broke, but it hurts to chew.” The judge spoke. “Are you going to present testimonial evidence from the defendant?”

“If you think it necessary,” Mike answered. “I didn’t want to take up too much of the Court’s time, and given Mr. Miller’s stable background, the records admitted are sufficient to support reduction of the bond.”

“That’s an issue I’ll decide,” the judge responded wryly. “Before I do, I have a few questions for Mr. Miller. Ms. Hall may also want to inquire.”

Mike turned to Sam. “Go to the witness chair.”

Sam ambled to the elevated seat on the right-hand side of the bench. With his rotund belly and white hair, he certainly didn’t look like a threat to society. Mike’s concern was that Sam’s words would sabotage the motion. The judge administered the oath. Sam looked at Mike.

“I’m ready when you are,” he said.

Out of the corner of his eye, Mike saw Bobby Lambert suppress a laugh. Mr. Forrest sat stone-faced beside him.

“Judge, do you want me to go first?” Mike asked.

“Proceed.”

“Yes, sir.”

Mike faced the witness stand.

“What is your name?” he asked.

“Sam Miller.”

“Tell the judge about your background.”

“Which part?”

“Your business.”

“I cut grass, plant trees and shrubs, fertilize, trim, and do whatever needs to be done to a yard. I’ve cut the judge’s grass a few times when he was out of town and couldn’t do it himself.”

Mike quickly checked Judge Coberg’s expression. His countenance remained inscrutable.

“Do you have a criminal record?” Mike asked.

“Nope.”

Mike approached the witness stand and handed Sam a copy of the real estate records.

“Do you and your wife own this property?”

“Yep.”

“Any mortgage?”

“Not in a long time.”

“If you’re released on bond, will you stay in Barlow County until the charges against you have been resolved?”

“Unless the Master sends me elsewhere.”

Mike’s jaw tightened. “But you’ll obey an order by the court instructing you to stay close to home if it’s a condition of your bond, won’t you?”

Sam shifted in his chair. “I render unto Caesar, but Papa is my boss.”

Mike tried to ignore the murmurings that rippled across the courtroom but quickly decided not to dissect Sam’s answer in an effort to explain it. The more Sam spoke, the more unstable he would appear.

“Will you be present for all scheduled court dates?”

“Yep, so long as I know about it.”

“Subject to any redirect examination, that’s all from the defendant.”

Mike turned over a fresh sheet on his legal pad and hoped for the best.

“Ms. Hall, you may ask,” the judge said.

“No questions.”

Mike barely concealed his shock. Even an inexperienced prosecutor could make Sam look ridiculous and perhaps even delusional. The judge stared at Hall for a moment then turned toward Sam.

“Mr. Miller, when was the last time you traveled outside Barlow County?” the judge asked.

“Let’s see, Muriel and I drove over to Lake James about a month before I was locked up.”

“Did you catch anything?”

“No keepers. I spent most of the time sitting on a stump enjoying the view.” “If you get out on bond, will you have time to plant your garden?”

“Muriel got everything started in the cold frame, but I need to transplant my lettuce, broccoli, and cauliflower.”

The judge wrote something on the legal pad in front of him. For all Mike knew, it could have been a reminder to contact Sam Miller for fresh vegetables.

“What happened to your face?” the judge asked.

“A boy at the jail lost his temper and started swinging. I didn’t see it coming.”

“Who was it?”

“Brinson.”

“Was he mad at you?”

“Nope. I think he was mad at you. He mentioned your name along with some other words I heard all the time in the Marine Corps but don’t want to repeat today.”

“And I’ve heard enough today,” the judge replied. “Motion granted. I find the defendant’s real property is sufficient collateral. Mr. Andrews, do you have an Order prepared?”

“No, sir. Will you be in your chambers later today?”

“Until three o’clock.”

Mike accompanied Sam back to the jury box.