“No, sir,” Hall said. “We have no objection to the standard pretrial disclosure motions and have agreed to open our file to Mr. Andrews so he can copy any documents he wants an expert to examine.”
“When is that going to happen?” the judge asked.
“Today, if possible,” Mike replied.
Hall nodded. “That’s agreeable. We’ll provide everything else he wants by tomorrow. The case will be on the trial calendar in a few weeks.”
“That’s rushing it, don’t you think?” Mike responded quickly.
“Delay for the sake of delay isn’t an option.”
“But I won’t know what else I need until you furnish answers to my requests.”
“That’s enough, counselors,” the judge barked. “Mr. Andrews, if you want a continuance, file a motion.”
THE LAWYERS LEFT THE JUDGE’S CHAMBERS, AND MIKE FOLLOWED the prosecuting attorneys downstairs to their office. The DA’s office controlled the appearance of cases on the criminal docket, and there wasn’t much Mike could do to delay the Miller case.
“I’ll have the file pulled, and you can review it in our conference room,” Hall said.
Mike went into the small, plainly furnished room and sat at the old conference table. The prosecutors had no clients to impress with fancy surroundings. Mike tapped his fingers against the scratched wooden surface of the table. On several occasions, he’d been ushered into the room and seen it covered with evidence: sawed-off shotguns, burglary tools, and stacks of documents needed to prove larceny.
A secretary brought him the file. Mike quickly flipped past copies of the checks signed by Jesse, the bank records for Sam’s account, and the bill of indictment charging Sam with the crime. Mike wanted to see the signed statement taken from Sam by Detective Perkins. It was the last item in the file.
I, Sam Miller, make this statement of my own free will after having been told of my right to remain silent and have an attorney present to represent me. During the time I served as temporary pastor of the Craig Valley Gospel Tabernacle, money was illegally taken from the church building fund and put in my bank account. I did not have the right to sign checks for the church or transfer church money into my account.
—Sam Miller
Mike frowned. Perkins was a crafty interrogator who had transformed a nonincriminating statement into a document that could be used against Sam at trial. On its face, Sam’s statement admitted nothing criminal, but it could still be valuable to the prosecution. Sam accepted as true the detective’s conclusion that money had been taken illegally from the church building fund. That mistake allowed Perkins to construct a statement removing every legitimate reason Sam might have for church money ending up in his bank account.
At trial, the detective would read the statement and make it sound like a wholesale admission of guilt obtained after a grueling interrogation. Mike could point out the precise language of the statement, but that would result in courtroom sparring with the detective, which always had a negative impact on one or two jurors who believed law enforcement officers were exempt from original sin. It was a thin file, a simple charge, the perfect case for Melissa Hall to cut her prosecutorial teeth.
Mike took the file to the front desk and asked for copies. Hall came to the door of the reception area.
“Finished?” she asked.
“Yes, waiting for copies. Why the rush?”
“This case has been pending for three months. Ken wants it on the docket, and I have no reason to argue with him.”
“Is the bank pushing for a speedy trial?”
“I have work to do.”
“Do you have a few minutes to talk?”
Hall looked at her watch. “A few. I’ll be in my office.”
The secretary handed Mike the documents. He cross-checked them with the ones in the file to make sure everything was included. As he did, he compared Sam’s signature at the bottom of the statement with the endorsement on the reverse of the two checks. It looked the same. There was an unusual extra loop at the bottom of the S that appeared in all three signatures. Mike put the copies in his briefcase.
The door to Hall’s office was open, and she was on the phone. Mike knocked on the door frame. She motioned for him to come in and sit down.
“That’s not going to be a problem,” she said into the receiver. “Get back to me on Monday.”
She hung up the phone.
“Any surprises?” she asked Mike.
“Not really.”
“What did you think of the statement taken by Detective Perkins?”
“It is what it is.”
Hall smiled slightly. “Mr. Andrews, I’m new at the legal business, but I made it through law school and passed the bar exam. There’s no criminal admission in your client’s statement; however, we believe the bank records are enough to convict Mr. Miller under the embezzlement statute. Ken talked to me about the case while you were reviewing the file, and I’d like to make an offer.”