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His Honor turned off the CCTV and phoned his assistant.
“Susan. When Wells arrives with Cates, ask them to wait outside with you for a few minutes. I may ask you to take them to conference room A.”
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THE JUDGE TURNED back to the attorneys in his chambers.
He said to the defense counsel, “Ed, because of Mr. Cates’s eruption in court, I had to check it out. I put every free hand in the justice department on duty yesterday, last night, and early this morning. They made calls to every mental institution with ‘Brookside’ in its name. There are thirty in the country. And we hopped over the Canadian border while we were at it. None of the institutions had ever had a Tyler Cates or Mary Elena Hayes as patients, ever. One or two of them had closed, but we chased down heads of these defunct places who were working at other mental institutions. As Mr. Cates produced no documentation of his time spent in a mental institution, we not only went as far as we could go. We went farther.
“In my heavily researched opinion, Tyler Cates lied to confuse the jury, to get them on his side. I can’t let it stand. I could call a mistrial but it would only serve to encourage your client to repeat this performance in a new trial.
“Ed, when Cates gets here, I suggest you talk to him in the conference room. Tell him this is a come to Jesus moment and if he doesn’t tell the actual truth, I’m going to put him in jail and throw away the key for all of eternity.
“Len. If Cates confesses, will you consider giving him a break?”
“Meaning?”
There was a knock on the door. Court officer Susan O’Connor opened it about ten inches, looked back toward the judge, and said, “They’re here.”
Judge St. John said, “Give us another couple of minutes.”
Susan went outside the room. The judge answered the DA.
“Len, I’m suggesting that the rape and aggravated assault sentences run concurrently so we can lop a few years off if he satisfies you with his full-throated ‘I did it, and accusing Ms. Hayes of knowing me was a vicious thing to do to her on top of the other vicious things I did to her.’
“Mr. Cates should apologize to her and ask her forgiveness. Something approximating all of this. And, let’s say, he’ll be eligible for parole in thirty years. Sound all right?”
Red Dog said, “I’m open to it.”
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DEFENSE COUNSEL ED SCHNEIDER left the judge’s chambers and followed Susan O’Connor to the conference room to have his stern talk with Cates, repeating what the judge had offered almost verbatim.
Tyler Cates, having had a brief taste of life in a cell, wasn’t convinced that his lawyer was fairly representing his interests. And he said so.
Schneider said, “Tyler, this is the point of no return. Confess. Apologize and you’ll be eligible for parole sometime in the very distant future. Otherwise, life in prison is your future with a life sentence for rape and the additional sentence for aggravated assault. If you don’t confess, you will never be free again. I’m going back to the judge’s chambers, where I will try to keep that deal in place. Ms. O’Connor will bring you back to chambers in two or three minutes, so think fast.”
Schneider returned to the meeting, took his seat, and a few minutes later, Susan brought Officer Wells and Cates into the judge’s chambers. Cates looked defiant. Even the last fewhours in a cell hadn’t softened him. Still cuffed, he took the chair beside his stern and florid attorney. Wells sat on a window ledge behind Cates so that he could reach him instantly if needed.
Yuki and Gaines sat opposite Cates and Schneider. Red Dog Parisi sat in the side chair beside the judge’s desk. The table was set.
Tyler Cates was on the menu.
Judge St. John said, “Mr. Cates. You’ve had time to reflect on your actions. Do you have anything to tell the court?”
“Like what?”
“Like, do you take responsibility for your actions against Ms. Hayes?”
“I have nothing to say that I didn’t already tell everyone in court and probably on national news. Were you listening?”
“Yes I was, Mr. Cates. Mr. Wells, will you please take Mr. Cates back to his cell.”
The attorneys remained in place and when the door was closed, His Honor addressed the room.
“Court will resume Monday at nine.”
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