“Sorry to keep you men waiting,” the judge said. “JNOVs are never easy. But it’s something that has to be done.”
“JNOV?” Martinez said. “What’s that anyway?”
The judge shook his head solemnly. “Of course — you’re from the criminal side. I wish I could do more work over there, but I go only when they need me to fill in. JNOV stands for Latin words that mean ‘judgment notwithstanding the verdict.’ If a jury comes back with a decision that’s contrary to the evidence, the judge has a responsibility to reverse it. The two people you saw leaving were a plaintiff’s attorney, who just lost a two-million-dollar punitive-damage award, and a very relieved defense counsel.”
Ebanks massaged the bridge of his nose. Sonia hadn’t done well last night. He’d barely gotten two hours’ sleep.
“Too bad crim court judges can’t do that,” Martinez said. “Some of these juries come back with the most half-ass —” He stopped himself, cheeks reddening.
The judge smoothly stepped in. “What you’re saying is that jurors are often dazzled by attorney antics or irrelevant issues and so they don’t focus on the evidence.”
“Yeah,” Martinez said gratefully.
“As long as the Constitution says ‘jury of our peers,’ that’s who decides our cases,” the judge said, “but my fundamental duty is to see that justice is done. That female lawyer you saw ran rings around the defendant’s man; she bewitched the jury with her short skirts and PowerPoint closing argument. I can’t let that kind of thing stand. It’s my duty as a judge, in civil court at least. It’s my responsibility.”
Ebanks noted the confident righteousness in the judge’s baritone voice. He looked around the office. The room was large enough to hold not only the judge’s desk and leather swivel chair but four guest chairs and a loveseat. The judge indicated they should take a seat in the guest chairs. He chose the leather swivel one.
There was a tray of dry fly-tying tools on the credenza, with hooks, thread, hackle pliers and guards, scissors, whip finishers, and a vise all lined up in a precise row alongside small containers of feathers and what looked to Ebanks like white goat body hair, usually used for wings. Ebanks preferred Swiss straw.
The photos on the wall behind the desk showed various images of the judge: proudly displaying a shoulders-wide trout; standing beside his partners — all wearing dark suits and rep ties — in the law firm he’d headed before ascending to the bench; and sitting stiffly with his wife in a room furnished in Modern Hunting Lodge (log timbers, antler chandelier, Black Watch plaid on the chairs).
The mountain range visible through the window in the last photo told Ebanks the house was in the new development on the north shore of the lake. The environmentalists had screamed, but high-priced lawyering had won the day. A small gated community of million-dollar homes had been built in the remote area. Ebanks had once had a place near the lake, a decades-old A-frame.
He used to fish the lake in a sweet little eighteen-footer. Sometimes Sonia went with him. She’d pack thick sandwiches and iced tea in the cooler, and she’d bring a book. Wearing her floppy sun hat, she was content to read while he dropped his line. He’d sold the A-frame, his boat, and most of his gear when Sonia couldn’t go with him anymore. All he had left from those times was the nice Sage fly rod Sonia had given him one birthday.
Ebanks studied the photo of the judge at his lake house. He noted the judge’s blond wife, the modern painting over the fireplace, the polished wood floors.
Class, Martinez would say.
Ebanks knew there was something else. The decor of the judge’s chambers matched the interior of his house. The shade of blond on the judge’s wife was nearly identical to the color of his secretary’s hair. The coffee table was cherry. The flowers in the vases were all trimmed to the same height and were the same shade as the red accent pillows.
His Honor was a man who made sure everything was in order. Ebanks understood that.
The judge regarded the two detectives, his gaze direct. “How can I help you gentlemen?”
“We need to ask you a few questions about the Dolan case,” Martinez said.
UNDER THE SPEEDY Trial Act, a criminal defendant has the right to go to trial within seventy days of his indictment or his initial court appearance, whichever comes first. If the trial doesn’t begin within that period, the charges are dismissed.
Overworked defense attorneys usually ask for, and are readily given, extensions. But occasionally the system logjams, with too many trials and not enough judges to hear them. When that happens, the presiding judge requests that the civil bench jurists assist their criminal colleagues. Civil proceedings are delayed while judges used to hearing securities-fraud claims and divorces preside over robbery and assault trials instead.