The Case of the Innocent Cat Burglar
Chapter 13
1
William Adair entered the courtroom. His client was already at the defense table. When he approached, he looked at Jack Brace. He was wearing a dark blue suit and tie with a baby blue shirt. He was dressed professional enough. That wasn't the problem. What bothered Adair was the dark circles under his eyes and the stubble he was supporting on his face. He looked like he hadn't slept in a week.
Adair looked around the courtroom for Perry Mason. He didn't see him anywhere. Never before had he felt so uneasy about a trial. He had been approached by . . . someone. The man had promised thousands of dollars in return for throwing the trial and letting Jack Brace get the death penalty. He had never taken a bribe in his entire life, especially not as an attorney.
Bill Adair loved practicing law. He went to school at Harvard. Receiving excellent grades, he went on to pass the bar exam with flying colors. In fact, Bill's test score was right up there with Perry Mason and Hamilton Burger. He boasted the third highest score in the history of the testing. He doubted anyone would ever beat Mason's score. The man had aced it. He didn't get a single answer wrong. Hamilton Burger hadn't been that far behind him, and he was sitting right across the table.
Bill would feel a lot better if Perry Mason were in the courtroom. He knew he was a good defense attorney, but Mason was exceptional. Adair was hoping the man would advise him every step of the way through the trial. He had no doubt there was much he could learn from Mason. He was the defense attorney every lawyer aspired to be.
"Well, how are we pleading?" Brace asked his attorney.
"I am afraid I could not get Burger to plead this case. He feels he has a slam-dunk winner. So, we only have two choices. Plead guilty as you made clear you wanted to do. However, Hamilton Burger is going to ask for the death penalty. If you do that, I don't think there is much doubt, that is exactly what you will get."
For the first time, Jack Brace looked worried. He was hoping for life in prison. Brace was certain he could handle prison life. He supposed that is where he actually belonged in the first place. But the death penalty? He hadn't planned on that being in the mix. Jack had been certain Burger would take the bait and allow him to turn states' evidence on all the people he had stolen for and from in the past. It would turn out to be a smorgasbord for any prosecutor. He underestimated Burger. Jack thought for sure Burger would allow him to cop a plea for all the publicity he would receive for bringing down the theft ring. He had been wrong. Burger was extremely eager to beat Mason in the courtroom, and would not plead it, hoping to be the first to defeat the lawyer. Yet, Jack believed he removed that possibility by firing the famous attorney. He thought Burger would then plea bargain; how wrong he had been.
Now, he faced a trial, one he had been hoping to avoid. He could spend the rest of his life in prison. What he couldn't do was face death. So, he had no choice but to go ahead and put his life in William Adair's hands. With the way things turned out, he now wished he hadn't fired Mason. He had the reputation of being the best defense attorney in the country, and he had fired him! His strategy of protecting his son had backfired on his own case.
"What are the chances I can beat this rap?" Jack asked his attorney.
"I won't lie to you, Mister Brace. The evidence is stacked against you. I have a private investigator out there trying to piece together exactly what happened. Unfortunately, you had motive, opportunity, and the tire iron which was the murder weapon, had your prints all over it."
"Then we must plead not guilty," Jack said. He sat back in his seat. How could he be so stupid as to fire Perry Mason. The thought of having to put his life in the hands of an attorney with far less experience, and a record that couldn't come close to Mason's was disturbing to say the least. Well, he had made his bed, so to speak. Now, he would have to lie in it. He wondered if a lethal injection was painful.
The judge entered the courtroom. The bailiff called out, "All rise. Judge Morgan Archibald presiding." Everyone in the courtroom stood up while Judge Archibald took his place behind the bench.
"Be seated," the judge said before turning his attention to William Adair. "Mister Mason put in a plea of not guilty. Is it the defendant's desire to change that plea?"
Adair stood up. "No, Your Honor. We would like to enter the plea as it stands."
Archibald then turned his attention to Burger. "Is the prosecution ready?"
Hamilton Burger responded immediately. "We are, Your Honor."
"Is the defense ready?"
"Yes, Your Honor." Despite answering in the affirmative, William Adair never felt so unprepared. The evidence was overwhelming. He didn't see how he could stop Jack Brace from getting the death penalty let alone an acquittal.
"Then, Mister Burger, call your first witness."
Hamilton Burger stood up. "The people call the medical examiner, Hank Kessler.
Kessler stood up from his front row seat behind the prosecution's table, passed through the gate that separated the spectators from the attorney, and was sworn in before taking his seat on the witness stand.
Burger approached the bench. "Doctor Kessler, you are from the medical examiner's office, are you not?"
"I am."
"Did you have the opportunity to do the autopsy on the deceased, Steven Edwards?"
"I did."
"And, can you tell the court how he died?"
"He died from a blow to the back of his head with a rather heavy instrument," he answered.
Hamilton Burger walked over to the evidence table and picked up a tire iron. With it in hand, he went back to his witness and handed him the tire iron. "Doctor, could this have been used as the murder weapon?"
"Objection," Adair stood up and called out. "The tire iron has not been proven to be the murder weapon. Mister Burger is calling for an opinion."
Burger turned around and looked at William Adair. "An expert opinion, Mister Adair. His opinion has been used dozens of times in this courtroom."
"Until the tire iron is proven to be the murder weapon, it is speculation on the part of the doctor."
Judge Archibald interrupted the attorneys. "Mister Adair, I am going to allow Doctor Kessler to give his opinion. He is an expert after all, and the opinion is proper."
As Adair sat back down, the door to the courtroom opened and Perry Mason entered. The moment he did, the news media turned their cameras on him. Mason was not fazed in the least by the attention. He walked to the middle row of the spectators and sat down in the only empty chair he could spot. The judge watched the famous attorney, but said nothing.
"Doctor, could this tire iron cause the death in the manner in which the deceased died?" Burger asked.
"Most definitely. It caused massive hemorrhage in the brain."
Perry noted that Adair didn't object. It was supposed to be an expert opinion, but Kessler just testified the tire iron caused the hemorrhage. He would not have let that go by. Until it was proven as the murder weapon, he would only allow the witness to say it could have caused it if it was indeed the murder weapon.
"At what time do you estimate the time of death?" Burger asked next.
"Between 7:00 and 8:00 pm."
"Your witness."
Adair stood up, hesitated and then said, "No questions."
Jack Brace looked at his lawyer. "What do you mean no questions? Why didn't you questioned him?"
Adair shook his head. "There is nothing to question. The tire iron is the murder weapon, it is yours, and we know the murder was between 7:00 and 8:00 p.m. I know how to pick my battles, Jack, and this is not one of them. We'll have our chance. Be patient."
"The people call Lieutenant Arthur Tragg to the stand," Burger stated. He looked over at William Adair. He didn't understand why he didn't try to poke holes in the medical examiner's testimony. He supposed he should consider it a gift. He was used to Perry Mason who would attempt, and quite often succeed in tearing apart his witnesses. Brace firing Mason turned out to be a godsend for the prosecution.
Arthur Tragg took the stand after being sworn in. Burger walked over to his witness. "Lieutenant, you were the officer called to the scene of the crime where Steven Edwards was murdered, were you not?"
"I was," Tragg confirmed.
"Tell the court how that came to be."
"I received a phone call tipping us off about a murder at the home in question."
"What did you find when you arrived?" Burger asked.
"I found the dead body of Steven Edwards."
"Was there anyone at the scene when you arrived?"
"Yes, Perry Mason, Paul Drake and the defendant."
Burger looked back at the defense table. "You mean the defendant, Jack Brace?"
Nodding his head, Tragg confirmed, "Yes."
"What were Mason and Drake doing there?"
"They refused to tell me, but at the time Mason was the attorney for Jack Brace."
"What else did you discover?" Burger asked.
"Mister Brace was holding a tire iron in his hand."
"Was there anything unusual about the manner in which he was holding the tire iron, Lieutenant?"
"Yes, he was holding it with a handkerchief."
"Was the tire iron dusted for prints?"
With a nod of his head, Tragg answered, "Yes, the defendant tried to prevent putting his fingerprints on it, but we were able to pull several prints from it."
Perry Mason waited for the objection from Adair. He would have objected and pointed out he simply was trying to preserve whatever prints there were. Mason would have claimed he was going to bring the tire iron to either him or the police.
"Were there any identifying marks on the tire iron?"
"Yes. It had the initials 'JAB' on it."
"And does that have any significance to the defendant?" Burger continued.
"It does. It is the initials of the defendant."
Burger walked over to the evidence table and picked up the tire iron. He went back to his witness and handed it to him. "Is this the tire iron the defendant had in his possession?"
Lieutenant Tragg looked it over and pointed out the mark he had put on it. "Yes, it has my mark on it."
Burger took the tire iron back as Tragg handed it to him. "Lieutenant, how did you determine that this was the murder weapon?"
"There was blood on it. The police lab determined that it was Steven Edwards' blood."
"Thank you, Lieutenant, that will be all." Burger turned to Adair and said, "Your witness, Counselor."
Adair stood up an approached the witness. "Lieutenant, there were two other people in that room. That would make them suspects, would it not?"
"Ordinarily, yes, but Mason and Drake had no motive to kill Edwards. Besides, those two are constantly finding dead bodies," Tragg said sarcastically.
The courtroom broke out in laughter. Judge Archibald banged his gavel to quiet the courtroom. He bit his inter cheeks to keep from smiling. He was aware Mason and Drake had discovered quite a few bodies over the years.
Adair found himself lost for words with Tragg. He just said he had no further questions and sat down.
Perry was astounded by Adair's cross-examination. He hadn't tried to counter the evidence at all.
"What are you doing?" Brace said to his attorney. "Are you trying to get me convicted of this crime?"
William Adair said nothing. He couldn't do it. He'd always been an honest attorney. He stood up and said, "Your Honor, I would like to be removed as counsel for the defendant."
The room exploded in chatter. Morgan Archibald banged his gavel, but it took a minute to quiet the courtroom. "Mister Adair, you better have a good reason for asking to be removed."
"I do, Your Honor. I request a conference in private."
"I will see both attorneys in my chambers immediately," Judge Archibald got up and left the bench. He disappeared through the door into his private chambers.
Without looking at his client, William Adair stood up and followed Hamilton Burger and Archibald.
Once inside, the judge asked irritably, "What exactly is going on? You don't drop your client in the middle of a trial. You better have a damn good reason!"
Hamilton Burger didn't say anything. He just sat down in a chair in front of the judge's desk.
"Your Honor, I took this job with reluctance. The client is not very cooperative, plus I was following in the footsteps of Perry Mason. That isn't exactly easy to do," Adair stated.
"You better have a better explanation than that," Judge Archibald demanded.
"Actually, I do," explained Adair. "Your Honor, I am quite heavily in debt. And, for the first time in my life, I actually thought about taking a bribe. But, I find I just can't do it. You see, I was offered a huge sum of money to throw this trial. Someone wants to see Jack Brace in jail. I don't know who offered me the money, however, it has been placed in an account in my name. I am ashamed that I even considered it. That is why I cannot go on as Jack Brace's attorney. He deserves better than that. I am requesting that Perry Mason take over immediately."
With a confused look on his face, Hamilton Burger spoke up for the first time. "But, Brace fired Mason."
"I know that. Mister Brace actually wanted to plead guilty. However, Mister Burger is not willing to plea bargain. Therefore, we had no choice but to plead not guilty. It would have been very hard for me to plead him guilty as I don't believe Jack Brace killed Steven Edwards. I believe he is trying to protect someone."
"You have no idea who paid you all this money?" Archibald asked.
"No sir, none whatsoever. Actually, I never agreed to do it. I was simply informed of the account number in which the money had been placed in my name. I decided when I came in this morning that I just simply couldn't do what they want me to do. Jack Brace deserves a fair trial. I have been compromised, despite the fact that I did not actually agree to accept the money in return for throwing the trial. Nevertheless, my own conscience will not let me continue."
"Mister Burger, I trust the money will be traced to its source?" the judge asked.
"I can guarantee that, Your Honor."
"Mister Burger would you ask Mister Mason to come in here. I believe I saw him among the spectators."
Hamilton nodded and left the judge's chambers. He walked right past the gate and directly to Perry Mason. The famed attorney looked up at his friend and adversary. "What is it, Hamilton?"
"Judge Archibald would like to see you in his chambers."
Not at all that surprised, Mason stood up and followed Hamilton Burger into the judge's chambers.
"Perry, have a seat please," Archibald instructed.
"What's this about?" Mason asked.
The judge had William Adair repeat what he had told him and Hamilton Burger.
"Exactly, what are you asking me to do? As you know, Jack Brace terminated my services."
"I'm aware of that, Perry. We have a problem. Jack Brace must be represented. You are already familiar with the case. I trust your interest hasn't waned since you are in the courtroom this morning. Would you be willing to take over the case?"
"Unfortunately, I have a problem there. I have been retained by Tommy Brace, and there could be a conflict of interest."
"Didn't I see Tommy Brace in the courtroom?" Archibald asked.
"Yes," Mason said, "Tommy is here to support his father."
"I know this is highly unusual and never done, but I would like both Tommy and Jack Brace brought into my chambers."
Mason immediately stood up. "I'll get them." He walked out of the judge's chambers and back into the courtroom. When he reached the defense table, he addressed Jack. "The judge would like to see you in his chambers."
Brace stood up. "What is this all about? Why would he want to see me?"
Mason didn't answer him; he looked beyond him and spoke to Tommy. "He would also like to see you, Tommy."
Father and son followed the lawyer into the judge's chambers. Two chairs had been set up in Mason's absence.
Archibald pointed at the chairs. "Please have a seat. We have something very important to discuss. Mister Adair is stepping down as your lawyer, Mister Brace. We are not going to discuss why; he has a very good reason for doing so. Because of that, you are once again without an attorney. I've called Perry Mason in here because he is familiar with the case. However, he tells me he has a conflict of interest because he is representing young Tommy."
Tommy didn't hesitate. "Not anymore, he's not. I am sorry, Mister Mason, but you're fired." Tommy was supporting a very big grin.
Mason smiled. "That is the second time someone in this family has fired me." It brought out a chuckle from the people in the room.
"Well, I guess that takes care of the conflict of interest problem." Archibald smiled and then spoke to Jack Brace. "Are you willing to have Mister Mason take over the case?"
Jack looked at his son. Tommy knew exactly what he was thinking. He wasn't about to allow his father to compromise his own life to protect him. "Dad, listen to me. I know you didn't kill Steve Edwards. I also know you think that I did. I'm telling you right now, up front, that I didn't do it either. So stop trying to protect me. It isn't necessary. Mister Mason is a great lawyer. Tell him you want him to defend you."
"I wasn't aware that you had hired Mason."
Tommy grinned. "I did it to protect you and to keep him on this case. So you see, he has kept up with everything that has happened. He even has his private detective out there."
Jack Brace turned his attention to Perry Mason. "I know I don't deserve it, but are you willing to be my lawyer again?"
"Mason smiled. "I was always your lawyer."
"Well, now that that is settled, I suggest we get back in the courtroom," Archibald said.
"Just a moment, Your Honor," Mason said. "I am not happy with the cross-examination of the medical examiner or Lieutenant Tragg. I request that I be able to recall both of them to the stand."
"Now hold on!" Burger protested. "The defense has already cross-examined both witnesses. I see no reason to bring either one of them back to the stand because of a change in attorney. William Adair is a very competent attorney."
"Who has admitted he has been compromised," Mason pointed out. "I want the opportunity to . . ."
The judge put up his hand to silence Mason. "I realize this is an unusual situation. However, I think it is only fair to adjourn court and give Mister Mason 24 hours to reacquaint himself with the case. When we reconvene, in the interest of justice, I am going to allow him to re-examine the witnesses. I agree with Mister Mason that the examination of both witnesses was inadequate."
Burger was unhappy with the judge's decision, but he knew there wasn't anything he could do about it, so he said nothing further.
Judge Archibald dismissed everyone, and they went back into the courtroom. When all parties had taken their places, he announced, "Perry Mason will take over the defense of the defendant. Court will adjourn for 24 hours. We will reconvene at nine tomorrow morning." Archibald bang his gavel and left the courtroom.
"I am so sorry, Mister Mason. I never should have terminated your services."
"Let's not worry about that right now. I will see you in the morning." Mason left his client in walked out of the courtroom.