For the People Chapter 76
"Yesenia Martinez's defense attorney must be thanking his lucky stars that he drew Judge Bingham, given her sympathy for female defendants," Rick assumes.
"Yesenia's attorney is Alvaro Gil. The guy is good. I doubt he needs whatever edge he might get from Bingham's sympathies," Kate opines. "But he's also arrogant. When I asked him if he wanted to discuss a plea deal, he said that his client wouldn't need one. He claims Ryan and Esposito screwed up and that he has every expectation of getting the case dismissed."
"Did they?"
"They might have pushed the boundaries a little. But according to my research, nothing they did should get the case dismissed. However, that will be up to Judge Bingham to decide. I have my citations ready for when she convenes court tomorrow."
"Of course you do. I would expect nothing less. You may share your mother's looks, but the more I work with your father, the more I realize how alike you two are. He works his tail off getting them there, but he always seems to have his legal ducks in a row. Still, he shies away from the camera or any glare of publicity. If a reporter approached when I first became your shadow at the 12th, you went straight to the captain to get whoever it was thrown out. Unfortunately for you, Mayor Weldon loved my bent for attracting good press for the NYPD. And Captain Montgomery wasn't about to piss off the boss to keep you in your comfort zone. I was the good PR magnet for the NYPD then, and I seem to be doing it for your father's causes now. Of course, that now as then it also supports my own endeavors, doesn't hurt."
"No, I don't imagine it does. Have you lined up your next audience?"
"As a matter of fact, I have. Stephen Cobbler was supposed to be interviewing Len Vickerson tomorrow night, but Len's back in rehab, so I'm an emergency booking. Stephen wants an on-air shot at beating me at Middle Earth trivia, but I can segue from the cozy little homes for the commonfolk of the Shire to the lack of anything resembling the same for the commonfolk of New York City."
"You think he'll go along with that?"
"Absolutely. He loves a good cause, especially when he can skewer the rich and powerful. Following the situation will give him bits and pieces for his monologue for months and possibly years to come. He tapes at seven pm. With the mariachi murder case starting tomorrow, will you be around to take over with Lily or should I get Alexis?"
"If Judge Bingham doesn't dismiss the case, court will probably go until five. And I could be longer if Shapiro decides he wants to talk about it. Depending on how things go, I may have to meet with the boys, too."
"Meaning, get Alexis. Actually, she'll be delighted. I believe she wants to start as early as possible to inculcate her sister in the fine art of twisting me around her chubby little finger."
"Lily won't remember a word of what Alexis tells her. You both must know that."
"There's no predicting what can sink into the subconscious. Sometimes I could swear I heard my mother crying over my father taking off the way he did, although I have no conscious memory of her doing so when I was growing up. I suspect that's why her marriages failed. I didn't meet the true love of my life until after my two debacles. But she might have met hers before her trips to the altar."
"No offense, Babe, but how much of a love of her life could he have been if he disappeared never to be seen again?"
"Who knows? It could have been like Deborah Kerr in 'An Affair to Remember.' He might have been trying to find her and been mowed down by a car or something."
"You hate to think of yourself as the son of a man who would leave a woman flat like that, don't you?"
"You may be right. But regardless of the reasons underlying my sperm donor's departure, I'm your biggest booster. Good luck with Judge Bingham tomorrow."
"And break a leg with Stephen Cobbler."
Alvaro Gil stands confidently behind the defense table. His suit is expensive, but not pricy enough to be off-putting to the jury. His dark locks are just long enough to curl slightly at the ends, and he holds himself well but without appearing to have a stick up his back. She's not sure about Judge Bingham, but Kate can see immediately that both the men and women in the courtroom like the defense attorney. "Your Honor," Gil begins, "This case is based entirely on illegally obtained evidence. Detectives Ryan and Esposito had no basis for questioning the men moving Yesenia Martinez's personal belongings from her apartment. Her subsequent arrest and the evidence obtained therefrom are all fruit of the poisonous tree and should be excluded. Lacking such evidence, the prosecution has no basis on which to proceed. Therefore, I respectfully make a motion that the case against Yesenia Martinez be dismissed immediately."
Judge Bingham glances toward Kate. "Ms. Beckett?"
"Your honor, with due respect to defense counsel, he is mistaken on two counts. Whether ununiformed men moving boxes into an unmarked truck is a legitimate reason for suspecting a crime is taking place is irrelevant. First, according to U.S. vs. Drayton, police officers can question individuals whether they have a basis for suspecting them or not. Detectives Ryan and Esposito had the legal right to question those men. The movers also would have been perfectly within their rights to refuse to answer or even walk away. However, under some circumstances, flight can be taken to indicate a consciousness of guilt. And under Illinois vs. Gates, the reliability of an informant depends on the totality of circumstances. The detectives believed themselves to have been misled by the defendant and by the defendant's previous counsel. By the time they spotted the removal of belongings from a building in which the defendant maintained an apartment, the totality of circumstances could have led them to conclude that she might be fleeing from a crime. Thus they had every reason to believe the information they obtained from the movers could be reliable and proceeded on that assumption. Evidence subsequently obtained, supported their suspicions."
Bingham's gaze flicks from Kate to Gil. "I find the prosecution's argument supports continuing with a trial for this case. The motion to dismiss is denied. We'll proceed to jury selection. Ms. Beckett are you prepared to begin voir dire?"
"Yes, Your Honor."
"Mr. Gil?"
"Yes, Your Honor."
"Good. Bailiff, bring in the potential jurors, and let's get the proceedings started."
"As I'm sure most regular Cobbler Watchers know, I've proved many times that my knowledge of hobbits, dwarves, elves, and orcs is unsurpassed," Stephen Cobbler proclaims. "However, I'm always willing to welcome a new challenger to my position as the true Lord of the Rings. So, tonight, to meet me on the field of battle is a well-known superfan of all things Tolkien. Please welcome bestselling author Richard Castle."
Rick strides out on stage and waves to the applauding crowd. He isn't there to beat Stephen Cobbler, but after the host's strutting self-assurance, he wants to. He really wants to. He just has to remember to keep his primary mission in mind. Making sure that the New Yorkers who bust their asses at work every day should at least have a decent place to go after a day's toil is no game. One way or another, he'll get the message across.
