notices like grocery stores hand out coupons. It seemed that every murder defendant got one. He did it because it gave him an effective bargaining chip—Baker was notorious for offering to take the death penalty off of the table in exchange for a guilty plea just before trial, no matter how heinous the murder.
”What about scheduling?” the judge said.
”We’d like a speedy trial,” I said. ”Miss Christian is incarcerated without bond. Since she’s charged with a capital offense and since she’s not from this community and really has no ties here, I’d be wasting my breath to ask you to set a bond. But she maintains her innocence and wants a trial as soon as possible.
I think I can be ready to go in three months.”
Baker stood up. ”There is no way the state could be ready in less than nine months, Your Honor. This is a death—”
I cut him off. ”I didn’t want to get into this, Judge, but since Mr. Baker is going to resist a speedy trial, there are some things I think you should know about.
As you know, I’ve been doing this for a long time, and I’ve never had a case quite like this one. The police and the district attorney have let everyone know that the victim in this case is a preacher. What they haven’t told anyone is that he spent his last night on earth getting drunk at a strip club. Nobody knows where he went between the time he left the club and the time he was killed. This isn’t one of those cases where the police have the killer dead to rights. My client swears she didn’t see the victim after he left the club. She swears she didn’t kill him, and she shouldn’t have to wait almost a year before a jury hears this case.”
”I object to this!” Baker yelled. ”Mr. Dillard is taking this opportunity to sensationalize this case and poison the potential jury pool.”
That’s exactly what I was doing, but I wasn’t about to admit it.
”All I’m doing,” I said, ”is asking you to set this case for trial as quickly as possible so an innocent young girl doesn’t have to sit in jail any longer than necessary.”
Judge Green ruminated for a few minutes and then looked down at Baker.
”God created heaven and earth in six days, Mr.
Baker. Surely you can be ready for trial in ninety. If you weren’t ready to prosecute her, you shouldn’t have indicted her. How long is it going to take to try the case?”
”A week, maybe less,” I said.
”I have an opening on July twenty-fourth. That’s just under three months from now. Mr. Dillard, since you’re the one who asked for a speedy trial, I won’t expect to see you back in here asking me for a continuance. I’ll send you a scheduling order that will deal with pretrial conferences, expert disclosures and deadlines, motion deadlines and plea deadlines. Anything else?”
”No, Judge, not from us,” I said. It was the same week that we were planning to go to the Braves game, but I didn’t say anything. It wouldn’t have made any difference. It was also only ten days before the August 3 election. It had to be Judge Green’s not-so-subtle method of applying pressure to Deacon.
”Miss Christian,” the judge said, ”they’ll bring you over from the jail on July twenty-fourth and you’ll get a fair trial. It will be your responsibility to see to it that you have civilian clothing, and I won’t allow the jury to see that you’re restrained in any fashion.
I’ll see you then unless there are motions or unless you decide to change your plea.”
The bailiff took Angel by the arm and led her towards the door. I followed. Just before we reached the door, I noticed a man walking quickly towards the bar that separated the attorneys from the gallery.
He was about six feet tall, wearing a blue polyester suit. I’d seen pictures of John Paul Tester in the newspaper. This guy looked like a younger version. The hair was shorter and darker, but he was working on the pot belly and he had the same muttonchop sideburns. He was
”What about scheduling?” the judge said.
”We’d like a speedy trial,” I said. ”Miss Christian is incarcerated without bond. Since she’s charged with a capital offense and since she’s not from this community and really has no ties here, I’d be wasting my breath to ask you to set a bond. But she maintains her innocence and wants a trial as soon as possible.
I think I can be ready to go in three months.”
Baker stood up. ”There is no way the state could be ready in less than nine months, Your Honor. This is a death—”
I cut him off. ”I didn’t want to get into this, Judge, but since Mr. Baker is going to resist a speedy trial, there are some things I think you should know about.
As you know, I’ve been doing this for a long time, and I’ve never had a case quite like this one. The police and the district attorney have let everyone know that the victim in this case is a preacher. What they haven’t told anyone is that he spent his last night on earth getting drunk at a strip club. Nobody knows where he went between the time he left the club and the time he was killed. This isn’t one of those cases where the police have the killer dead to rights. My client swears she didn’t see the victim after he left the club. She swears she didn’t kill him, and she shouldn’t have to wait almost a year before a jury hears this case.”
”I object to this!” Baker yelled. ”Mr. Dillard is taking this opportunity to sensationalize this case and poison the potential jury pool.”
That’s exactly what I was doing, but I wasn’t about to admit it.
”All I’m doing,” I said, ”is asking you to set this case for trial as quickly as possible so an innocent young girl doesn’t have to sit in jail any longer than necessary.”
Judge Green ruminated for a few minutes and then looked down at Baker.
”God created heaven and earth in six days, Mr.
Baker. Surely you can be ready for trial in ninety. If you weren’t ready to prosecute her, you shouldn’t have indicted her. How long is it going to take to try the case?”
”A week, maybe less,” I said.
”I have an opening on July twenty-fourth. That’s just under three months from now. Mr. Dillard, since you’re the one who asked for a speedy trial, I won’t expect to see you back in here asking me for a continuance. I’ll send you a scheduling order that will deal with pretrial conferences, expert disclosures and deadlines, motion deadlines and plea deadlines. Anything else?”
”No, Judge, not from us,” I said. It was the same week that we were planning to go to the Braves game, but I didn’t say anything. It wouldn’t have made any difference. It was also only ten days before the August 3 election. It had to be Judge Green’s not-so-subtle method of applying pressure to Deacon.
”Miss Christian,” the judge said, ”they’ll bring you over from the jail on July twenty-fourth and you’ll get a fair trial. It will be your responsibility to see to it that you have civilian clothing, and I won’t allow the jury to see that you’re restrained in any fashion.
I’ll see you then unless there are motions or unless you decide to change your plea.”
The bailiff took Angel by the arm and led her towards the door. I followed. Just before we reached the door, I noticed a man walking quickly towards the bar that separated the attorneys from the gallery.
He was about six feet tall, wearing a blue polyester suit. I’d seen pictures of John Paul Tester in the newspaper. This guy looked like a younger version. The hair was shorter and darker, but he was working on the pot belly and he had the same muttonchop sideburns. He was
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