Witness for the Defense (37 page)

The young lady shrugged and the judge scowled. She must have known what that look meant because she picked up the phone and started punching in the D.A.’s telephone number. Before she finished, her head quickly turned to the rear of the courtroom. She slammed the receiver into its cradle as she watched Patterson rush down the center aisle.

“Mr. Patterson,” the judged snarled, “I’m happy to see you finally decided to grace us with your presence. If this is any indication of—” McConnell stopped short when Patterson held up his hand to indicate he had something to say.

The judge grimaced. If Patterson had tried a case in the last ten years, he would’ve known judges didn’t like to be interrupted.

“If I may, Your Honor,” he said in a conciliatory voice, “I apologize for being late, but I’ve been interviewing a witness who has just come forward with new information. It may have a critical impact on the outcome of this case.”

Sarah jumped to her feet. “I’ve not been told about any new information,” she said. “The trial is scheduled to begin today, and my client will not waive time just so Mr. Patterson can piece together a case he should have prepared for weeks ago.”

McConnell nodded his head. “I agree with Miss Harris,” he said to Patterson. “Unless you have a strong offer of proof as to why you are coming forward with new information at the start of trial, I may not allow it.”

The D.A. paused to glance at the back doors. “I’m afraid there’s a misunderstanding.”

“There’s no misunderstanding. The defense is ready—” Sarah stopped in midsentence when the back doors burst open.

It was McBean.

His jaw had been shattered when Reineer took a tire iron to it. Like me, McBean was lucky to be alive.

“What’s he doing here?” Sarah mouthed as he and Patterson stepped toward one another. They met in the middle of the aisle and began to whisper.

I shrugged. His presence was as much a surprise to me as it was to her. But knowing McBean, he was up to something.

“Mr. Patterson,” the judged coaxed.

The D.A. held up his hand for the second time. “One moment.”

Patterson and McBean spent the next few minutes engrossed in a conversation. Every so often one of them would glance at me. I could tell by the way McBean’s mouth barely moved that it was still wired shut. Finally, they separated and McBean took a seat in the gallery behind Patterson. He was ready to address the court.

McConnell’s eyes fixed on McBean, then Patterson. “Is he your new evidence?” the judge asked, nodding at McBean.

“Actually, he is,” Patterson said. The judge grimaced. McConnell had been sitting on the superior court bench for more than twenty years, and he was well aware of McBean’s reputation.

“Is Mr. McBean still involved in law enforcement?”

“He’s a detective lieutenant in Mendocino County.”

McConnell nodded; his expression said, “I was afraid of that.”

“Lieutenant McBean has supplied me with new information which goes to the heart of this case.” Patterson turned to me and either sneered or smiled. I couldn’t tell which.

“It appears,” he continued, “that Lieutenant McBean interviewed Bobby Miles just prior to his death.”

“That’s bullshit,” I said to Sarah and she jumped to her feet again.

“That would have had to occur more than a month ago,” she snapped. “Even if the lieutenant did talk to Mr. Miles, it’s a little late to be coming into court with whatever that young man may or may not have said.”

“Counsel!” Patterson glared at Sarah. “If you’d just let me finish.”

I glared at McBean and he answered with the same expression Patterson had given me earlier. And I was still confused by it.

“Go ahead,” McConnell said, waving the D. A. on.

“Mr. Bobby Miles informed Lieutenant McBean that the accusations he’d made against Mr. Dobbs, including his testimony at the preliminary hearing, were entirely false.”

I stiffened as Sarah grabbed my arm, digging her fingernails into my skin.

“Mr. Miles informed the lieutenant that he’d lied because of the threats made against his life by members of Salvador Martinez’s gang. Who, I might add,” Patterson said for my benefit, “was just last week convicted of a double homicide.”

Patterson turned to me and offered up a smile; I was sure this time. “There is a People’s motion to dismiss all charges against Mr. Hunter Dobbs.”

McConnell didn’t hesitate. “Granted,” he said, rapping his gavel once for effect. “Case dismissed.” The judge looked at me with a broad grin. “Mr. Dobbs, you’re free to go.”

Sarah and I embraced. “Can you believe H?” she said.

Avery grabbed my shoulder from behind. “Congratulations,” he said. I extended my hand, which he promptly pushed aside. He wrapped his arms around the two of us and gave what could best be described as a bear hug.

“Thank you, Avery,” I said as we parted. “I don’t know what I would have done without the two of you.”

I looked for McBean, but he was gone.

Ogden, who’d been standing a few feet away approached us with a timid grin. “It looks like I’ll have to reschedule the office’s case load. Have to make room for my number one trial attorney.”

The dismissal had come as a surprise. I hadn’t given much thought to what I’d do once the trial was over.

“As a matter of fact,” Ogden added, “there’s a murder trial beginning in a couple weeks that I think you’re perfect for.”

There was an awkward silence as I pondered what Ogden was saying. Both Sarah and Avery looked at me.

“I don’t think so,” I finally said.

Ogden’s mouth dropped. He looked blankly at Avery. He offered no help.

“The Christmas tree harvest is in full swing,” I continued. “I’m too busy to handle a murder case.”

Ogden nodded. “Well,” he said, “I guess I can live with that. I’ll just hold your slot open until after the first of the year.”

I placed my arm around Sarah’s waist and we gave each other a knowing glance. “No need,” I said. “There’s a one-person law firm in Ukiah that won’t be handling any more criminal law…I’ll be applying there.”

About the Author

Michael C. Eberhardt is a California criminal defense attorney and the author of two previous novels, Body of a Crime and Against the Law. He lives in Lancaster, California, with his wife and their three children.