Dismas Hardy: Nothing But The Truth Part 46

'Well, well, well.' Randall made no effort to disguise his reaction. In a voice dripping with disdain, he adopted a theatrical tone. 'Lieutenant Glitsky, Mr Hardy, the elusive Mr Beaumont. How interesting that you should all be arriving together here at court.' He turned to Pratt, a portrait of smug satisfaction. 'Case study, Sharron,' he said. 'Exactly what we expected.'

Normally, in the minutes before the ascension of the judge to the bench, courtrooms pulse with a certain energy - attorneys and clients are getting settled at their tables, the clerks and bailiffs knot up, talking shop and trading banter, the court recorder warms up. If there is a jury, its members read the newspapers or study their notes.

In the gallery beyond the bar rail, the spectators and media types, if any, jockey for s.p.a.ce with potential witnesses, with friends and relatives of victims or their alleged perpetrators. There is a constant, low hum of many unconnected conversations.

But generally, above it all hovers some small but palpable sense of restraint. Outside in the public hallways, hordes of unwashed and unruly animals often put on their raucous circuses, but once inside the courtroom doors, order often seems to impose itself over those a.s.sembled within.

Not this morning, though.

Many of the witnesses Hardy had summoned to this hearing had brought with them reinforcements, and they'd all apparently had time to get to know each other a little, to talk, to vent, finally to boil over.

As soon as Glitsky pushed the door open - Scott Randall and his team of prosecutors sniping behind them all the way - a wave of boisterous anger seemed to break over them. For the first time in his career, Hardy physically had to push his way through a ma.s.s of hostile humanity clogging the central aisle. Glitsky stayed with him, holding Ron Beaumont's arm above the elbow, moving them all forward.

Hardy pressed his way through, feeling no need to respond to any of the barbs he was hearing. He was sure that this was a staged demonstration either from Baxter Thorne, whom he recognized leaning against the side wall, or from the Kerry camp. Possibly both.

Scott Randall was a different story. He wasn't anybody's paid actor, and he was righteously angry for having to put up with this frivolous hearing, for being jerked around by an arrogant defense attorney who was probably a criminal himself.

Well, Hardy would deal with Scott Randall when the time came. He'd deal with all of them. He wasn't being drawn into a shouting match with a bunch of enraged witnesses and their friends.

Glitsky got them all through the bar rail and gave the high sign to the bailiffs, who came forward to ensure that the inviolability of the courtroom proper remained intact. David Freeman had somehow already gotten himself seated at the defense table and was watching the proceedings behind him with an amused and tolerant expression. The theatre of the law! He loved it.

'Good morning, Dismas,' he intoned. 'Looks to me like you might just have hit a nerve.'

And at that moment, the blessed voice of the clerk rose above the clamorous din.

'Hear ye, hear ye. Department Twenty-Four of the Superior Court of the city and county of San Francisco, State of California, is now in session, Judge Marian Braun presiding. All rise.'

Since most of the people a.s.sembled were already on their feet, the judge's entrance didn't do much except provide a break in the hubbub. Braun, catching the tenor of what was transpiring below, refrained from taking the bench, instead preferring to remain standing. She reached for her gavel and slammed it several times until the silence was achieved.

Scowling down at her clerk, she whispered sharply. 'Mr Drummond. The members of the gallery will find seating in precisely two minutes, after which I shall return to the bench and mete out consequences to those who are unable to do so.'

When she returned, Braun adjusted her robes and sat. Hardy was next to Freeman at the defense table. Glitsky and Ron Beaumont had retired to directly behind them, the first row of the gallery. Turning in his chair, Hardy recognized Valens and Kerry and they recognized him. If looks could kill...

Freeman whispered to Hardy. 'Are all the players here?'

'Except one.'

'Who's that?'

'Jim Pierce,' Hardy replied. 'Caloco.'

'You think he'll show?'

Hardy's face was set. 'He'd better.'

When Braun returned to the bench, only one person remained standing. Sharron Pratt was in the aisle in the center of the gallery area.

'Madame District Attorney. Good morning,' Braun intoned. 'Do you have business before this court?'

'Yes, your honor. May I approach?'

'Mr Hardy has a hearing scheduled. I'm-'

'May I approach to discuss that hearing, your honor?'

Braun frowned at being interrupted. 'All right. Mr Hardy?'

Hardy knew exactly where this was going. After the groundwork he'd laid down which he believed would predispose Braun to a favorable ruling, he had gone a long way toward precipitating it himself by serving his papers on Pratt and Randall. Hardy was, in fact, so primed that he had to work to keep his face straight.

He stood up. 'I have no objection, your honor, but I presume my client is in the holding cell behind your bailiff, and I wonder if the court would call the case and allow her to enter the courtroom at this time, before we take up Ms Pratt's request at sidebar.'

Frannie wore a tailored pair of tan slacks and a dark brown V-necked sweater. The deep-green malachite necklace and tiny matching earrings heightened the beautiful shade of her eyes, and she had pulled the long red hair back, tied it at her neck, and let the rest hang halfway down her back.

When the bailiff opened the door to the holding cell, she stepped out and gave Hardy a nervous, embarra.s.sed smile, then let the bailiff escort her to the defense table, where she sat next to him. He kissed her on the cheek. 'I love you. Don't worry. Everything's going to be all right.'

Then he stood and approached the bench.

Scott Randall got himself insinuated into the proceedings on Pratt's figurative coat-tails, and the two of them now stood before the bench with Hardy and Freeman. Randall was doing the talking, pa.s.sionate and persuasive as always, and Hardy was content to let him dig a hole as deep as he wanted. Normally, no one would be permitted to discuss the internal workings of the grand jury, but today Randall would have to put his cards on the table to justify continuing Frannie's contempt citation.

'The grand jury is in session in this very building as we speak, your honor, considering evidence surrounding the death of Bree Beaumont as well as those of two policemen who were involved in the investigation into her murder.'

'Two policemen?' Braun, of course, had heard about the deaths of Sergeants Griffin and Canetta, but the news of their connection to this case was clearly a surprise.

'Yes, your honor. The state believes that there are three homicides related to the Bree Beaumont case currently before the grand jury. Because the homicide department under the direction of Lieutenant Glitsky has systematically refused to disclose evidence relevant-'

'Your honor.' Hardy was mild. 'This is a habeas hearing whose only purpose is to vacate the contempt citation levied against my client. The homicide department's handling of what might be other aspects of this case has no place in this proceeding.'

But Randall wasn't buying that. 'With respect, your honor. No part of this case belongs in this courtroom. This is a matter for the grand jury to decide. We shouldn't even be discussing it outside of the grand jury room.'

Braun's eyes were taking on a telltale flash that Hardy liked to see. 'If you want me to keep someone in jail, Mr Randall, you have to give me a better reason than your say-so.'

'With all due respect, your honor, you need no more reason than the witness refusing to answer material questions.'

Next to Hardy, Freeman's elbow twitched against him, and he cast a quick acknowledging glance at his old ally. They had maneuvered Randall into this spot and now he had just played into their hands, belittling the jurisdiction of Braun's courtroom, to which she would surely take offense.

And she did. Her eyes burned down at the young prosecutor. 'I'll decide what issues and what cases get resolved in my courtroom, Mr Randall. Do you understand that?'

Pratt decided to step in. 'Your honor, perhaps we could adjourn to chambers?'

The judge directed her displeasure toward the DA. 'We've only just gotten started here, Ms Pratt.' She lowered her voice. 'I'm sure you noticed that we've got several important people out there - among them possibly our next governor - and I'm not inclined to take any more of their time than is absolutely necessary. Anything we could say in chambers, we can say right here.'

But Randall, true to form, couldn't seem to let it go and after a short non-verbal exchange with his boss, he piped right up. 'We've got a very unusual set of circ.u.mstances here, your honor. I am at this very moment preparing grand jury subpoenas for Mr Hardy and Lieutenant Glitsky to testify on matters related to his case. They themselves may be open to criminal charges.'

Hardy shook his head, derision all over his face, but he remained silent.

'Additionally,' Randall continued, 'the DA's office has repeatedly requested an arrest warrant for Mr Beaumont, who is seated behind us in the courtroom today even as we speak.'

'It ought to be easy to serve the warrant, then,' Braun said drily.

'Except that the warrant is not forthcoming, your honor.'

'And why is that?'

Hardy finally had to say something. 'Because there hasn't been any evidence, your honor.'

'That's ridiculous!' Randall exploded. 'We have more than enough evidence for an indictment.'

'So get one,' Hardy snapped back.

Braun cast a stern eye. 'Counsel will address the court, not each other. Is that clear?' After accepting the nods of apology, Braun softened her tone. 'Now, Mr Randall, correct me if I'm wrong, but Mr Hardy's point seems to me to be well taken. If you have the evidence to indict Mr Beaumont, present it to the grand jury and it will order a warrant issued. That's how it's done. You should know that.'

Pratt spoke up in her a.s.sistant's defense. 'He does know it, your honor, but our investigation has been hampered at every turn in this case. Indeed, we believe that Mr Hardy has influenced Lieutenant Glitsky to use his position as head of the homicide department to engage in a systematic coverup of Mr Beaumont's activities.'

Hardy raised his hands theatrically. 'Your honor! This is really beyond the pale.'

But Braun, wanting to hear more, pointed him quiet. 'These are serious charges, Ms Pratt...'

Randall took over again. 'Which is why, your honor, we wanted to explore them with the grand jury, with the police department's office of management and control, and with our own department's investigative staff.'

'In other words, Mr Randall, it sounds like you want to do all of this investigating except you either haven't actually done it or you haven't found anything.'

Blindsided, Randall stammered. 'Well, no, your honor, of course not. We have strong evidence-'

Hardy cut him off. 'Your honor, they have nothing.'

'We are developing a case.'

Eyes on Braun, Hardy nevertheless was arguing with Randall. 'And bringing accusations before there is anything to support them.' Now he turned to look up at the judge. 'If I may, your honor, I have a suggestion that relates specifically to the hearing you have granted today, and will also address the very serious issues and charges raised by the district attorney' - he paused long enough to make the point - 'and her staff.'

Braun was getting impatient. She glanced over the lawyers' heads to the restless gallery beyond. This had already taken too much of the court's time, of everyone's time. 'All right, Mr Hardy, let's hear it, but make it fast.'

Hardy took a breath. He was in the grip of high emotion, but it would serve little to play to it. When he finally spoke, his was the voice of reason. 'The gravamen of the contempt charge against my client - the subject of this hearing - is her refusal to disclose to the grand jury information relevant to a murder investigation. I believe we are all in accord here?'

No one objected.

'Both Mr Randall and Ms Pratt have been clear and unambiguous that the information my client refused to disclose bears upon the motive Mr Beaumont may or may not have had to kill his wife. Isn't that correct?'

Neither Pratt nor Randall nodded - their defenses had by now come up - so Hardy decided to drive the point home more forcefully. 'Put another way, if Ron Beaumont didn't kill Bree, whatever secret shared by my client and himself is not the proper concern of the grand jury or their investigation.'

'All right,' Braun said thoughtfully. 'Where is this leading, Mr Hardy?'

'It is leading, your honor, to this. Mr Randall has made the point that the deaths of Sergeants Griffin and Canetta were pursuant to their respective investigations into the murder of Bree Beaumont, and I presume by extension that he concludes that all of these killings were committed by the same individual.'

'That's exactly our contention.' Randall was glad to be able to get in a word, and Hardy was happy to let him do it.

'And it's a reasonable one to which, for purposes of this hearing, you'd be prepared to stipulate,' he said.

Pratt saw the trap closing, and moved to stop it. 'Well, I don't know, your honor. This is a theory we've not yet...'

Braun stopped her cold. 'Ms Pratt, I've just heard Mr Randall say that this is exactly - his word - what your office believes. More importantly, if memory serves this is the theory upon which you both have based, and raised in open court, your accusations against both Lieutenant Glitsky and Mr Hardy. Now which is it? Did one man commit these murders or not?'

The two prosecutors exchanged glances. Pratt answered. 'That is our belief. Yes, your honor. Subject to contradictory evidence of which we may become aware at a later date.'

'I would think so,' Braun declared. 'Go on, Mr Hardy. You've got my attention.'

'Thank you, your honor. Therefore, it follows that if Mr Beaumont can be shown to be blameless in the deaths of either of the two police officers, it may be a.s.sumed that he is likewise blameless in the death of his wife.'

'That's a nice syllogism, Mr Hardy.' Braun remained tolerant, yet unconvinced. 'But "blameless" is a tall order. Do you mean to say that you can prove he's absolutely innocent of one or more of these killings? Normally, that's why we have jury trials.'

'But we don't get to jury trials, your honor, until there is a grand jury indictment or preliminary hearing to ensure a threshold of sufficient evidence to where a jury might convict. In this case, we don't have that, and yet my client's continued incarceration is based upon Mr Beaumont's presumed guilt, and not his presumed innocence, as the law demands.'

'That's rather elegant, Mr Hardy, but-'

'Your honor, if new and d.a.m.ning evidence about Bree Beaumont's murder comes to light after this hearing, then my client will have the opportunity to testify again before the grand jury about Ron Beaumont. If at that time she declines to answer material questions, she will of course be subject to contempt charges again.'

Just when he might have been about to win one on the legal merits, to take the investigation back to the grand jury and hold Frannie until she decided to talk, Randall opened his mouth again. 'Your honor, with respect, you can't put Mr Beaumont on trial for murder right now in your courtroom.'

Braun's visage was terrifyingly benign. The pupils of her eyes were pinpoints, skewering Scott Randall. 'That's not what I was contemplating, counsellor. Rather, it seems to me that the question is whether, when faced with what you yourself admit would be compelling evidence of Mr Beaumont's innocence of the murder of his wife, you will seek to reinstate Mrs Hardy's incarceration for contempt, which is based upon his guilt. Do I have your argument correctly, Mr Hardy?'

'Perfectly.'

'So, Mr Randall?'

'Yes, your honor?'

'What is your decision?'

'I'm not sure I'm clear on what Mr Hardy is proposing.'

'I presume he is proposing to call some witnesses at this hearing. Am I right, Mr Hardy?'

'Yes, your honor.'

Sharron Pratt was struggling for whatever face she could save. 'And I presume that Mr Hardy proposes to show that Ron Beaumont is factually innocent of one or more of these murders? Is that the case?'

Hardy agreed that it was.

Pratt was thinking fast. On the one hand, she didn't have to reveal what was going on in the grand jury. Since the judge couldn't know what evidence they had, Hardy could never prove here that Ron Beaumont was actually innocent, only that it might be less likely that he was guilty. She could point that out and terminate Hardy's end run right here.

On the other hand, she knew that her office really had nothing. She wanted badly to know what Hardy knew. And the public appearance of reasonableness was increasingly important as the mayor and the media bashed her office.

She decided to let Hardy have his show. And of course, they could cross-examine whoever Hardy intended to call. 'We don't object, your honor, so long as it doesn't take too long.'

'All right,' Braun said. 'Let's get this show on the road.'