I should have known then that something was different about this whole case.
When the deputies brought Cai in, I studied him closely, seeking signs this kid had put bullets in the back of two men’s heads. His skin looked taut and his eyes hollow. Stress was not playing kindly with him. Orange did him no favors, either. The vibrant color against his olive skin made it almost seem jaundiced. There was an air of innocence about him—maybe in the way his shoulders were hunched or the constant blinking? I couldn’t place what it was. He dragged his bottom lip through his teeth multiple times; his lips were red and raw from the gesture. He never raised his eyes, even when the judge entered.
I understood why Angelica was so adamant about my standing up for this boy. He was way out of his element.
"All rise. Superior Court of the State of Colorado, County of Denver, the Honorable Judge Morris D. Whitaker presiding, is now in session. Please be seated and come to order."
Judge Morris Whitaker was a tall, heavyset black man in his early sixties. I’d been in his courtroom many times, and he’d been to dinner at my parents’ house, with my father, on different occasions. He was a genuine believer in the justice system, but he was fair—and liberal, something I never believed my father could handle in a friendship. And something that would benefit the defense.
“Attorneys of record?”
“Angelica Jackson for the defense, Your Honor.”
“Good afternoon, your honor, Will Schoemacher for the prosecution.”
Judge Whitaker read through paperwork. I listened quietly as the bailiff read the case number.
I was just getting comfortable in my seat when the charges were stated. My jaw dropped as I heard the words “Felony Murder with deliberation”. First degree murder. They were charging Cai with premeditation? I was absolutely sure that was only because of Cai’s history. I could see second degree murder, but not first. The boy had been raped.
“Mr. Schoemacher, what is the state recommending for bond?”
“Your honor, the defendant is charged with first degree murder with deliberation. He left the home of the victim, retrieved a gun, came back to the victim’s house and shot him execution style in the back of the head. In addition, Mr. Strakosha is a suspect in another premeditated murder and has a history of fleeing from previous crimes. He has a network of friends and family more than willing to hide his whereabouts from authorities. His mother has close relatives in Albania tied with organized crime, and the two men he has lived with for the last eight years have a history of criminal activities. We are asking for remand, Judge.”
“Remand you say? Shocking.” Judge Morris smiled. The court let out a nervous laugh. “Ms. Jackson?”
During bond hearings each side is heard only once. The point of the hearing is to decide bail amounts or remand/release. Remand in a felony murder case was sometimes granted, if the defendant posed no flight risk.
“Judge Whitaker, Nikolaj, who just recently turned sixteen, trusted Mr. Alvarado, a close family friend, enough to get into a car with him, as he had done many times in the past. Nikolaj was driven to Mr. Alvarado’s home at two in the afternoon and assaulted for seven hours. His girlfriend was finally able to help him escape when Mr. Alvarado fell asleep from excessive narcotics use. Mr. Alvarado learned of Nikolaj’s escape,” Angelica continued, placing a hand on Cai’s shoulder, “and then dragged Nikolaj back, threatening to kill both my client and his caregivers. Nikolaj feared for his life.”
“Is this your motion for an affirmative defense, Ms. Jackson?” Judge Morris grabbed a file from his desk and perused it, then shot Angelica a glance over his bifocals.
“It is, your honor. Additionally, I would like to add that Nikolaj’s mother is here. Mrs. Strakosha has been in federal witness protection since becoming a witness against her husband and his partner. Her willingness to leave the program in order to be here speaks volumes as to family ties. She will also be residing at the home of a local decorated police officer, along with FBI and US Marshal protection.” She pointed in my direction. “Detective Austin Glass is ready to post bond for Nikolaj. I believe it speaks to Nikolaj’s intention to fight these charges that a decorated Denver police officer is willing to take the boy into his home and post his bond.”
Oh yippee. A woman hiding from the mob. In my house. With a murderer. Joy. And speaking of Cai…
An affirmative defense. So Cai did kill him. Not that I blamed the boy one bit. Hell, I’d go dance on Alvarado’s grave, if anyone bothered to claim his body, let alone bury him yet. I seemed to have made the right decision notwithstanding my previous objections.