Page 12

Dear Diary:November 4 th

We have a hearing tomorrow in court. Marc wants me there. I’m really scared about it. Marc told me there is nothing to be afraid of. He thinks we can get the charges dropped or dismissed or something like that.

I have to get ready for bed now. I don’t know how I’ll be able to sleep.

I finished in the bathroom getting ready for bed. Looking at myself in the mirror, I realized, or admitted, why I am afraid to go to court.

What if I have to testify in front of a crowd in the courtroom? The fairy princess that people will laugh at. I can’t stand the thought. When will this nightmare be over?

Marc, along with Maddy and Robbie, was patiently waiting for the Omnibus Hearing to begin. He had filed a notice contesting the evidence against Robbie which required an evidentiary hearing. The prosecution would have to put on witnesses to show probable cause for the arrest and the charges.

Normally, a defendant would not necessarily put on any witnesses. This hearing is used by the defense to see the witnesses and assess their testimony.

Marc had filed a Rule 9 notice that the defense was going to assert self-defense. He had three witnesses lined up and prepared. The teacher, Ms. Debra Gillian and Robbie’s tablemate, Stephanie. If necessary, he was prepared to put Robbie on the stand as well.

The gate to the gallery crashed open as a man came through it. He was followed by two others, another man in a tailored, expensive suit and Jennifer Moore, the assistant county attorney.

The first man through the gate was the elected Hennepin County Attorney, Craig Slocum. In his early fifties, Slocum was a balding, medium height white man. He grew up with money, his suits were tailored and his gold-rimmed glasses were real gold. Slocum was a politician who believed the world was set out for him. Slocum also had a burning hatred for Marc Kadella and with good reason.

A psycho serial killer had terrorized the Twin Cities about a year and a half ago. Slocum had personally tried the case. A case he believed would get him his party’s nomination for governor.

Marc had the case drop in his lap. Not only did Marc win the case, but he also made Slocum look like a fool in the process. On top of it, subsequent events would prove the defendant was guilty. Slocum took the wrath of the media for blowing the trial and letting the man go free.

Trailing closely behind Slocum was the victim’s father, Harold Lane. Harold was a law school classmate and friend of Craig Slocum. Lane was a senior partner in a downtown, white-shoe corporate law firm who contributed to Slocum’s political campaigns.

Last one through the gate was the only one who had business in court this morning. Jennifer Moore had been assigned to prosecute Robbie Craig-Powell. Slocum and Harold Lane stopped at Marc’s table. Jennifer went the other way to the prosecution’s table.

“Just what the hell do you think you’re doing, Kadella?” Slocum snarled, on the verge of screaming, a vein pulsing on his forehead.

Marc stood, held his hand out to Slocum to shake and said, “Hello, Craig. How’ve you been? You should watch your blood pressure, that vein’s about to burst.”

Ignoring Marc’s attempt at civility and medical advice, Slocum waved a piece of paper at Marc while saying, “What kind of bullshit is this? You drop a subpoena on me two hours ago while I’m leaving my house? You got a lot of goddamn nerve!”

“Is it my fault you’re so hard to find?” Marc asked.

Marc turned to Maddy Rivers who handed him an 8x10 color photo.

“Ms. Rivers here is the one who was assigned to serve you. She did at one- time, almost get you.”

Marc showed Slocum the photo. It was a picture of Slocum leaving a motel room. Standing in the doorway of the room was a woman. She was much younger, twenty-something, and quite attractive.

“That is you, isn’t it Craig? Helping that young law school student study for the bar exam?”

A breathless Craig Slocum stood silent, his face turning crimson, for almost twenty seconds.

Harold Lane moved closer, then looked over Slocum’s shoulder and said one word, “Nice.”

“You sonofabitch! You slimy gutter crawling bastard. I’ll have you disbarred for this.”

Harold, still looking over Slocum’s shoulder whispered, “Somehow, I don’t think so, Craig.”

“I don’t give a damn about this, Slocum. Here, you can have it. What I want, what you’re here for, is to tell the truth. That’s it.”

“I will never forget this,” Slocum said slowly, his teeth practically grinding together.

“Okay, but why am I here?” Harold Lane asked much more civilly .

“I don’t mean to offend, Mr. Lane, but I’m gonna put you on a witness stand and help you find the balls to stand up to your wife. I’m going to put an end to this today and, like it or not, you’re going to help me.”

“That was pretty offensive,” Harold calmly said.

“I know, sorry.”

Marc turned back to Maddy again who handed him three, paper-clipped, sets of documents.

Marc gave one to Slocum, one to Lane and after asking Jennifer to join them, gave her one.

“These are witness statements from a teacher and thirteen other students who saw the incident in question. If your cops had done their job, you would have them by now.

“Please, read them over, then we’ll talk. Mr. Lane, please don’t make me put your son on a witness stand. It won’t be pretty.

“Jennifer, let’s go back and see Judge Wells.”

While waiting in the back hall for Judge Wells to get off the phone, Jennifer paged through the witness statements.

“They all say pretty much the same thing?” she asked.

“Yeah. There are fourteen altogether. Maddy talked to everyone who was in the room about what happened. These thirteen saw the whole thing. The others, another fifteen, saw part of it but not all.”

Jennifer finished reading the first one, the one from the teacher, Debra Gillian.

“I guess that’s pretty clear,” Jennifer said. “I figured this is what happened.

“So, what was the photo you showed Slocum?” Jennifer asked.

“I don’t think so, Jenny,” Marc said.

“Come on, what?” she pleaded.

“Craig was helping a young woman study for the bar exam,” Marc said.

“What? How would…? Oh, wait, where were they studying?” she asked.

“I think they call it a No Tell Motel. An inn that charges by the hour,” Marc said .

“Really? I want the photo,” Jennifer grabbed Marc’s arm and said. “How much do you want? Money, sex favors, anything short of losing a case. You name it? Help me out.”

“Sex favors? That’s … No! And if anyone asks, I’ll deny it.”

“I’ll talk to Maddy. She’ll tell me and get a copy for me,” Jennifer said.

“She better not,” Marc said trying not to laugh.

At that moment, Judge Wells’ clerk came out and told them they could go in.

“It’s not fair, dangling that in front of me and then jerking it away,” Jennifer said.

She grabbed Marc’s arm again, stopped him and whispered, “We could use it to get rid of him.”

“I’ll think about it,” Marc said then quickly added a terse, “No.”

The judge’s clerk heard them, stopped, turned her head and said, “Wait, he dangled what in front of you then jerked it away?”

They were laughing as they entered Wells’ chambers.

“What’s so funny?” Wells asked.

“I’m not touching it,” Marc said.

“I’ll tell you later,” her clerk said.

The two lawyers took chairs in front of the judge. Wells looked at Jennifer and asked, “What are we doing today with this assault case, Jennifer?”

By now Marc was reaching across the desk to give Wells copies of the witness statements.

“Witness statements, your Honor,” Marc said.

“It appears Mr. Kadella has done a better job investigating them than the MPD,” Jennifer said. “These are signed witness statements who saw the alleged assault. Looks like we have a solid self-defense case, your Honor,” Jennifer said.

“Are you prepared to dismiss?” Wells asked.

“Slocum’s in the courtroom with the complainant’s husband. They have copies of these statements,” Marc said. “The so-called victim’s father is a lawyer, your Honor. I’m hoping he sees the light and doesn’t make me put his kid on the stand. ”

While Marc was speaking, Jennifer was still looking over the statements.

“Jennifer?” Wells asked.

“It’s not my call, your Honor, but I’ll encourage it.”

“Slocum and the father are friends. The mother is the one pushing the prosecution. Dad’s gonna have to make her see the reality,” Marc said.

Wells picked up her phone to call her clerk. “Megan, get Craig Slocum and the man he’s with in here. They’re in the courtroom.”

A minute later the two men were escorted into chambers. Before they had a chance to sit down the judge addressed them.

“What do you want to do here, Craig?”

“I’m not sure these are valid,” Slocum said holding up his copies of the statements.

“Let me be clear about something, Mr. Slocum. If I come to believe you’re using me and my courtroom to push a personal vendetta for a friend, and that’s what it looks like, I will sanction you personally. I will also send a letter to the office of professional responsibility about both of you.”

“Am I being asked?” Lane said.

“Feel free to speak up,” Wells said to Lane.

“I didn’t want to bring this in the first place. Dismiss it, Craig. Mr. Kadella, can I keep these?”

“Please do,” Marc said.

“Mr. Slocum?” Wells asked.

“Certainly, your Honor. If I had known…”

“If you had done your job, you would have known,” Marc said. “Attorney fees and costs, your Honor?”

“Denied,” Wells said. “I’m not going to compound this stupidity by having the taxpayers pay you for it. I’ll have an order out by the end of the day.”