Fox is Framed by Lachlan Smith Page B

will not endure it!’”

Chapter 9
    On Monday Nina filed a motion under Penal Code Section 995 seeking to have the case dismissed. Her reason was that the state’s only witness was dead and thus no longer available to testify against my father. Seemingly in response, Crowder moved to revoke Lawrence’s bail. Both motions were heard the following Friday in Judge Liu’s court.
    Liu heard bail arguments first. At the podium, Crowder said, “Two weeks ago, the state’s confidential informant was murdered. For nearly six hours, investigating officers from Oakland, San Francisco, and numerous other jurisdictions tried but were unable to locate the defendant. He was finally taken into custody in San Rafael, where he’s been living out of the court’s jurisdiction. The state asks the court to revoke bail.”
    Lawrence sat stone still, not reacting after the lecture Nina’d given him following his outburst last time. She now turned in her chair to stare at Crowder with disbelief.
    â€œYou’re not contending that he violated any bail condition?” the judge asked.
    â€œHis only alibi is a story from his girlfriend that they were out riding motorcycles together a hundred miles from here. This is a defendant out on bail . The whereabouts of Mr. Maxwell’s sons are also unknown at the time of the crime.”
    A murmur ran through the courtroom, and I sat bolt upright as if I’d received an electric shock. I could tell by the anger on Judge Liu’s face that Crowder had miscalculated. I felt Dot lay a hand on my arm. Her eyes were cold, and she gave me a nod. Let’s get them , her gaze seemed to say.
    â€œIt’s not my place to question her story, at least not now. You don’t have the murder weapon, or any evidence of his involvement. So far, all you have is motive. Am I right?”
    â€œI’m told that phone records reveal numerous instances of contact between the defendant and the victim beginning the very day the defendant was released by this court.”
    â€œThat’s pretty thin. As I understand it, they were friends in prison. Anything more?”
    Crowder glanced at Shanahan, who shook his head. “The state can’t reveal any more details. Especially not with the subject of the investigation sitting right here.”
    â€œThen I’m going to deny your motion to revoke bail,” Judge Liu said. “If you’d charged him, it would be a different story. I will, however, add a no-travel condition. The defendant shall restrict his movements to San Francisco, Alameda, and Marin Counties unless he first gives notice to the prosecution and obtains permission to travel from me.”
    Crowder sat down. Now it was Nina’s turn. She took the podium with quiet anger but said nothing.
    â€œI’ve read your motion to dismiss,” Judge Liu said. “You correctly point out that the state’s case is based entirely on Detective Shanahan’s testimony. You also note that with Russell Bell dead any statements Bell made to the detective or anyone else can only be introduced as hearsay. The Constitution says that criminal defendants have the right to confront their accusers. This means no hearsay. However, if it’s the defendant’s fault that the witness is ­unavailable—for instance because the defendant had him ­murdered—there’s an exception to the no hearsay rule.”
    â€œYour Honor is referring to the forfeiture by wrongdoing exception.”
    â€œYou’ll agree with me that if Maxwell arranged for Bell to be murdered, it follows he can’t reap the benefit of that act and keep Bell’s hearsay statements from coming into evidence.”
    â€œThe forfeiture doctrine doesn’t apply until he’s proven guilty of murdering the witness,” Nina said. “As you’ve just noted, my client has an alibi. In addition, there would have to be a specific finding that Bell