knowledge? Without an attorney present?”
“Sure can. US versus Ash, 1973. But we can challenge it before the jury.”
“But if she told them I was in my twenties, then what picture of me did they put in there? As I am now or when I was in my twenties?”
“When you were in your twenties?”
Claymore looked confused.
“Doesn’t that invalidate the whole thing?”
“No, you don’t understand, Elias. She didn’t pick anyone .”
“So what was all that bullshit about her picking me from a photograph?”
“That was later. After lunch she went back and told them that she’d had second thoughts and that the man who attacked her was older than his twenties.”
“But I’m fifty eight. How’d she get from twenties to fifty eight?”
“Good question. I think they were skeptical too, although their reports are written in that terse police language that doesn’t make it obvious what they were thinking. You have to read between the lines.”
“But I mean what did she say? Did she just come out with something like ‘he was twice as old as I said at first.’
Alex handed Claymore a copy of the statements. Claymore picked it up and started reading through it as Alex spoke.
“She said she now thought that he was in his fifties. But she explained that the reason for the change of heart was because she actually saw him .”
“What do you mean saw him ?”
“I mean saw you . Not in the flesh, but on the TV. She said she was passing an electronics store and she saw you on a TV screen in the display window. It was your show. And that was when she realized – so she said – that it was you.”
“But I mean didn’t they notice the age difference. I mean you said that she said. But didn’t they ask her about it. Didn’t they ask her to explain the discrepancy?”
“They did, but she just said she was mistaken. She claimed that she was under stress. Which is reasonable.”
“But how can stress make her mistake fifties for twenties?”
“That’s the question they don’t seem to have asked. Or if they did, they didn’t receive any answer, as far as I can determine. And that’s the question that we’re going to ask if this case gets to trial.”
“But how come you didn’t notice this before? I thought you were on the ball man.”
“I know, I’m sorry. It looks like I took my eye off the ball. But you have to understand Elias, I was so pre-occupied by the DNA, I only speed-read her statements. Once I went back over them, it practically jumped out at me. But now that I’m onto it, we have an Achilles heel to attack. But they’re still going to keep hammering home the argument about the DNA.”
JULY
Wednesday 15 July 2009 – 12:40
“The defendant, Elias Claymore is charged with Rape Under section 261 Part a, paragraph 2 of the California Penal Code. How do you Plead Elias Claymore, Guilty or Not Guilty?”
“Not Guilty”
Claymore sat down, looking around the courtroom nervously. He had been brought here for the arraignment on the Information – the document filed by the prosecution within 15 days of the preliminary hearing, setting out the details and particulars of the charges. They were in Court 11 of the Rene C. Davidson Courthouse on Fallon Street in Oakland, before Justice Roberts the judge who dealt with the Master Criminal Calendar.
Alex remained standing.
“Your Honor at this stage I would like to renew my request for bail in accordance with my written submissions.”
Sarah Jensen – who had hung on to the case for the time being – rose to reply. But the judge stayed her with a raised hand.
“I’ve considered your submissions carefully Mr. Sedaka, but I see no reason to re-open the original decision to deny bail. This is truly an exceptional case in every sense of the word, but I am bound to consider the defendant’s past as an escapee and for this reason I cannot grant bail.”
Alex gritted his teeth. It was particularly hard on Claymore, because he was still
“Sure can. US versus Ash, 1973. But we can challenge it before the jury.”
“But if she told them I was in my twenties, then what picture of me did they put in there? As I am now or when I was in my twenties?”
“When you were in your twenties?”
Claymore looked confused.
“Doesn’t that invalidate the whole thing?”
“No, you don’t understand, Elias. She didn’t pick anyone .”
“So what was all that bullshit about her picking me from a photograph?”
“That was later. After lunch she went back and told them that she’d had second thoughts and that the man who attacked her was older than his twenties.”
“But I’m fifty eight. How’d she get from twenties to fifty eight?”
“Good question. I think they were skeptical too, although their reports are written in that terse police language that doesn’t make it obvious what they were thinking. You have to read between the lines.”
“But I mean what did she say? Did she just come out with something like ‘he was twice as old as I said at first.’
Alex handed Claymore a copy of the statements. Claymore picked it up and started reading through it as Alex spoke.
“She said she now thought that he was in his fifties. But she explained that the reason for the change of heart was because she actually saw him .”
“What do you mean saw him ?”
“I mean saw you . Not in the flesh, but on the TV. She said she was passing an electronics store and she saw you on a TV screen in the display window. It was your show. And that was when she realized – so she said – that it was you.”
“But I mean didn’t they notice the age difference. I mean you said that she said. But didn’t they ask her about it. Didn’t they ask her to explain the discrepancy?”
“They did, but she just said she was mistaken. She claimed that she was under stress. Which is reasonable.”
“But how can stress make her mistake fifties for twenties?”
“That’s the question they don’t seem to have asked. Or if they did, they didn’t receive any answer, as far as I can determine. And that’s the question that we’re going to ask if this case gets to trial.”
“But how come you didn’t notice this before? I thought you were on the ball man.”
“I know, I’m sorry. It looks like I took my eye off the ball. But you have to understand Elias, I was so pre-occupied by the DNA, I only speed-read her statements. Once I went back over them, it practically jumped out at me. But now that I’m onto it, we have an Achilles heel to attack. But they’re still going to keep hammering home the argument about the DNA.”
JULY
Wednesday 15 July 2009 – 12:40
“The defendant, Elias Claymore is charged with Rape Under section 261 Part a, paragraph 2 of the California Penal Code. How do you Plead Elias Claymore, Guilty or Not Guilty?”
“Not Guilty”
Claymore sat down, looking around the courtroom nervously. He had been brought here for the arraignment on the Information – the document filed by the prosecution within 15 days of the preliminary hearing, setting out the details and particulars of the charges. They were in Court 11 of the Rene C. Davidson Courthouse on Fallon Street in Oakland, before Justice Roberts the judge who dealt with the Master Criminal Calendar.
Alex remained standing.
“Your Honor at this stage I would like to renew my request for bail in accordance with my written submissions.”
Sarah Jensen – who had hung on to the case for the time being – rose to reply. But the judge stayed her with a raised hand.
“I’ve considered your submissions carefully Mr. Sedaka, but I see no reason to re-open the original decision to deny bail. This is truly an exceptional case in every sense of the word, but I am bound to consider the defendant’s past as an escapee and for this reason I cannot grant bail.”
Alex gritted his teeth. It was particularly hard on Claymore, because he was still
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