never know, Jessup could walk away with time served.”
Royce smiled cordially and shook his head.
“I am sure that would make the powers that be in this town happy, but I’m afraid I must disappoint you, Mick. My client remains absolutely uninterested in a plea. And that is not going to change. I was actually hoping that by now you would have seen the uselessness of going to trial and would simply drop the charges. You can’t win this thing, Mick. The state has to bend over on this one and you unfortunately are the fool who volunteered to take it in the arse.”
“Well, I guess we’ll see, won’t we?”
“We will indeed.”
I opened the desk’s center drawer and removed a green plastic case containing a computer disc. I slid it across the desk to him.
“I wasn’t expecting you to come by for it yourself, Clive. Thought you’d send an investigator or a clerk. You gotta bunch of them working for you, don’t you? Along with that full-time publicist.”
Royce slowly collected the disc. The plastic case was marked DEFENSE DISCOVERY 1 .
“Well, aren’t we snarky today? Seems that only two weeks ago you were one of us, Mick. A lowly member of the defense bar.”
I nodded my contrition. He had nailed me there.
“Sorry, Clive. Perhaps the power of the office is getting to me.”
“Apology accepted.”
“And sorry to waste your time coming over here. As I told you on the phone, that’s got everything we have up until this morning. Mostly the old files and reports. I won’t play discovery games with you, Clive. I’ve been on the wrong end of that too many times to count. So when I get it, you get it. But right now that’s all I’ve got.”
Royce tapped the disc case on the edge of the desk.
“No witness list?”
“There is but as of now it’s essentially the same list from the trial in ’eighty-six. I’ve added my investigator and subtracted a few names—the parents, other people no longer alive.”
“No doubt Felix Turner has been redacted.”
I smiled like the Cheshire cat.
“Thankfully you won’t get the chance to bring him up at trial.”
“Yes, a pity. I would have loved the opportunity to shove him up the state’s ass.”
I nodded, noting that Royce had come off the English colloquialisms and was hitting me with pure Americana now. It was a symptom of his frustration over Turner, and as a longtime counsel for the defense I certainly felt it. In the retrial, there would be no mention of any aspect of the first trial. The new jurors would have no knowledge of what had transpired before. And that meant the state’s use of the fraudulent jailhouse informant—no matter how grievous a prosecutorial sin—would not hurt the current prosecution.
I decided to move on.
“I should have another disc for you by the end of the week.”
“Yes, I can’t wait to see what you come up with.”
Sarcasm noted.
“Just remember one thing, Clive. Discovery is a two-way street. You go beyond thirty days and we’ll go see the judge.”
The rules of evidence required that each side complete its discovery exchange no later than thirty days before the start of trial. Missing this deadline could lead to sanctions and open the door to a trial delay as the judge would grant the offended party more time to prepare.
“Yes, well, as you can imagine, we weren’t expecting the turn of events that has transpired here,” Royce said. “Consequently, our defense is in its infancy. But I won’t play games with you either, Mick. A disc will be along to you in short order—provided that we have any discovery to give.”
I knew that as a practical matter the defense usually had little in the way of discovery to give unless the plan was to mount an extensive defense. But I sounded the warning because I was leery of Royce. In a case this old, he might try to dig up an alibi witness or something else out of left field. I wanted to know about it before it came up in court.
“I appreciate that,” I
Royce smiled cordially and shook his head.
“I am sure that would make the powers that be in this town happy, but I’m afraid I must disappoint you, Mick. My client remains absolutely uninterested in a plea. And that is not going to change. I was actually hoping that by now you would have seen the uselessness of going to trial and would simply drop the charges. You can’t win this thing, Mick. The state has to bend over on this one and you unfortunately are the fool who volunteered to take it in the arse.”
“Well, I guess we’ll see, won’t we?”
“We will indeed.”
I opened the desk’s center drawer and removed a green plastic case containing a computer disc. I slid it across the desk to him.
“I wasn’t expecting you to come by for it yourself, Clive. Thought you’d send an investigator or a clerk. You gotta bunch of them working for you, don’t you? Along with that full-time publicist.”
Royce slowly collected the disc. The plastic case was marked DEFENSE DISCOVERY 1 .
“Well, aren’t we snarky today? Seems that only two weeks ago you were one of us, Mick. A lowly member of the defense bar.”
I nodded my contrition. He had nailed me there.
“Sorry, Clive. Perhaps the power of the office is getting to me.”
“Apology accepted.”
“And sorry to waste your time coming over here. As I told you on the phone, that’s got everything we have up until this morning. Mostly the old files and reports. I won’t play discovery games with you, Clive. I’ve been on the wrong end of that too many times to count. So when I get it, you get it. But right now that’s all I’ve got.”
Royce tapped the disc case on the edge of the desk.
“No witness list?”
“There is but as of now it’s essentially the same list from the trial in ’eighty-six. I’ve added my investigator and subtracted a few names—the parents, other people no longer alive.”
“No doubt Felix Turner has been redacted.”
I smiled like the Cheshire cat.
“Thankfully you won’t get the chance to bring him up at trial.”
“Yes, a pity. I would have loved the opportunity to shove him up the state’s ass.”
I nodded, noting that Royce had come off the English colloquialisms and was hitting me with pure Americana now. It was a symptom of his frustration over Turner, and as a longtime counsel for the defense I certainly felt it. In the retrial, there would be no mention of any aspect of the first trial. The new jurors would have no knowledge of what had transpired before. And that meant the state’s use of the fraudulent jailhouse informant—no matter how grievous a prosecutorial sin—would not hurt the current prosecution.
I decided to move on.
“I should have another disc for you by the end of the week.”
“Yes, I can’t wait to see what you come up with.”
Sarcasm noted.
“Just remember one thing, Clive. Discovery is a two-way street. You go beyond thirty days and we’ll go see the judge.”
The rules of evidence required that each side complete its discovery exchange no later than thirty days before the start of trial. Missing this deadline could lead to sanctions and open the door to a trial delay as the judge would grant the offended party more time to prepare.
“Yes, well, as you can imagine, we weren’t expecting the turn of events that has transpired here,” Royce said. “Consequently, our defense is in its infancy. But I won’t play games with you either, Mick. A disc will be along to you in short order—provided that we have any discovery to give.”
I knew that as a practical matter the defense usually had little in the way of discovery to give unless the plan was to mount an extensive defense. But I sounded the warning because I was leery of Royce. In a case this old, he might try to dig up an alibi witness or something else out of left field. I wanted to know about it before it came up in court.
“I appreciate that,” I
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