will not endure it!ââ
Chapter 9
On Monday Nina filed a motion under Penal Code Section 995 seeking to have the case dismissed. Her reason was that the stateâs only witness was dead and thus no longer available to testify against my father. Seemingly in response, Crowder moved to revoke Lawrenceâs bail. Both motions were heard the following Friday in Judge Liuâs court.
Liu heard bail arguments first. At the podium, Crowder said, âTwo weeks ago, the stateâs 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 heâs been living out of the courtâs jurisdiction. The state asks the court to revoke bail.â
Lawrence sat stone still, not reacting after the lecture Ninaâd given him following his outburst last time. She now turned in her chair to stare at Crowder with disbelief.
âYouâre not contending that he violated any bail condition?â the judge asked.
âHis 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. Maxwellâs sons are also unknown at the time of the crime.â
A murmur ran through the courtroom, and I sat bolt upright as if Iâd received an electric shock. I could tell by the anger on Judge Liuâs face that Crowder had miscalculated. I felt Dot lay a hand on my arm. Her eyes were cold, and she gave me a nod. Letâs get them , her gaze seemed to say.
âItâs not my place to question her story, at least not now. You donât have the murder weapon, or any evidence of his involvement. So far, all you have is motive. Am I right?â
âIâm 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
âThatâs pretty thin. As I understand it, they were friends in prison. Anything more?â
Crowder glanced at Shanahan, who shook his head. âThe state canât reveal any more details. Especially not with the subject of the investigation sitting right here.â
âThen Iâm going to deny your motion to revoke bail,â Judge Liu said. âIf youâd 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.â
Crowder sat down. Now it was Ninaâs turn. She took the podium with quiet anger but said nothing.
âIâve read your motion to dismiss,â Judge Liu said. âYou correctly point out that the stateâs case is based entirely on Detective Shanahanâs 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 itâs the defendantâs fault that the witness is Âunavailableâfor instance because the defendant had him Âmurderedâthereâs an exception to the no hearsay rule.â
âYour Honor is referring to the forfeiture by wrongdoing exception.â
âYouâll agree with me that if Maxwell arranged for Bell to be murdered, it follows he canât reap the benefit of that act and keep Bellâs hearsay statements from coming into evidence.â
âThe forfeiture doctrine doesnât apply until heâs proven guilty of murdering the witness,â Nina said. âAs youâve just noted, my client has an alibi. In addition, there would have to be a specific finding that Bell
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