Flu

Chapter 90

Eli raises his vending machine coffee in salute. "You've just confirmed what I thought about the defense's strategy. Heitner's already made himself look so guilty that the only target Bender has is the lab. I'll be calling you next, Rick, to back up Kate's testimony. Some members of the jury may have more faith in the words of a civilian, particularly one they've seen on Jimmy Kimmel."

Rick lights up. "Oh! Did you catch that? Jimmy also invited me to his charity golf tournament in the Spring, and we're going to…" Eli's eyes noticeably flit to his watch. "Never mind. I get your point. Easy enough to support Kate. She told the truth and nothing but the truth. How about Osnitz?"

"After you, but I'll probably start with him not long before we adjourn. That won't give Bender time to rethink his cross when I start again in the morning."

"Very clever, Counselor. I'm looking forward to it."

Taking the last gulp of his rapidly cooling brew, Eli tosses the empty container in a nearby trash receptacle. "Thanks, Castle, but I have a lot to work with. I'm not about to waste it," Eli declares.

"We have the place to ourselves," Rick remarks, unlocking the door to the loft. "Alexis is off to a talk by Dr. Henry Lee on how Sherlock Holmes changed the world, and Mother is emoting slightly off the Great White Way. What delights, culinary or otherwise, would suit your fancy? Still into spicy?"

"Right now, I want red meat and bacon. But the baby probably shouldn't have the crap they put in bacon."

"Ah! Never fear, Castle is here. I found almost evil-free bacon: non-GMO, no antibiotics, no nitrites or nitrates added. Unfortunately, the calories are still there, but you can't have everything."

"I don't need everything, but I'd love a bacon cheeseburger."

"With extra pickles and double-crisped fries?"

Kate wraps her arms around Rick's waist. "You know, I think I'll keep you."

He tucks her beneath his chin. "Couldn't get rid of me if you tried."

"Good Day?" Lana asks as Eli settles in next to her on the couch in his sparingly furnished apartment.

"Not a bad one. Bender tried to knock Kate Beckett and Rick Castle off their games, but he couldn't do it. They didn't need much help from me. I also started introducing the lab results, but I didn't have time to get very far with that line of questioning. I think Bender will try to make a move tomorrow. Rick and Kate overheard something along those lines, which helped me prepare. No reason to obsess about it tonight. But if you don't mind, I'd like to catch a couple of minutes of the news. Not much from the outside world makes it into court."

Lana snuggles into his shoulder. "Go ahead, but if there's another story about some politician wanting to cut the budget for the N.Y.P.D., switch networks."

"You've got it," the A.D.A agrees, aiming the remote control at the T.V. "What the hell!"

Lana looks up at the screen. "What's wrong?"

"That's Bender! He's telling the press that C.S.U. screws up and sends innocent people to prison, and he's going to prove it!"

"That's garbage, isn't it?" Lana asks. "In the academy, they taught us that forensic evidence is way more reliable than eye-witness accounts. That's why we have to protect the scene, so no one contaminates it before C.S.U. gets there."

"That's right," Eli confirms. "I've had ten different witnesses to a crime tell ten different stories. It's the forensics that nail a suspect. Bender's playing to the camera, probably hoping someone on the jury is watching. I'll have to take this to Judge Markway. Jurors aren't supposed to watch anything about the trial. But if any of them did, I want to make damn sure they're excused." He shakes his head in disgust. "I need a drink. Want one?"

"I'll keep you company," Lana offers, "but just a beer."

"That's all I'm having. I have to be sharp tomorrow."

Kate checks the large wallclock before turning to Rick. "Markway's more than a half-hour late convening court. In other trials I've testified in before him, he's always kept to a tight schedule. Eli and Bender aren't here either. Something's going on."

Castle swallows and pulls at his collar. "Maybe it has something to do with what we told Eli. We were eavesdropping."

"Legally, it wasn't a private conversation," Kate reminds him. "Anyway, Eli didn't say anything about bringing it to the judge, and Bender wouldn't show his cards like that. But he was acting very sure of himself like he had a winning hand and was going all in."

Rick shakes his head. "That's nothing you ever want to do with Markway. He's too damn good a poker player."

Kate reaches for Rick's hand. "I hope so."

Meeting with both counsels in his chambers, Markway views a video of Bender's post-court performance. "Your Honor," Eli insists, "it's a clear violation of Rule of Conduct 3.6, that a lawyer 'shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding' in a case he's actively litigating."

"Your Honor," Bender protests, "You gave the jury clear instructions not to watch or read anything about the trial. It's not my fault if they don't follow them."

Eli turns on Bender. "That's B.S., and you know it. The jury isn't sequestered. Those people go home at night, and some of them will do what they always do, switch on the news. They wouldn't be trying to break the rules. It would just happen."

"Mr. Douglas is correct," Markway agrees, "and if any of the jurors have seen this, they've already been biased. I can have them polled to determine anyone who should be excluded, but there's no guarantee they'll tell the truth. They'd know they were breaking the rules just to be watching. I can instruct them, but we all know you can't unring a bell. Calling a mistrial won't necessarily help. The jury pool is already be tainted."

"Then what happens now?" Eli demands.

"I'll go through with polling and exclusions and give the necessary instructions. And Mr. Bender, I will sanction you in open court. That will hopefully keep jurors from making any arguments during deliberations, based on what you said on T.V. I'll also be referring this to the Bar Association." Markway pushes out of his chair. "You screwed up, Mr. Bender. You screwed up big time. And Mr. Douglas, your case may need some serious damage control."

"All my case needs, Your Honor," Eli declares, "is for the jury to hear the truth."

Carl adjusts his bow tie before taking the stand. He'd expected to testify more than an hour ago. Damn lawyers have to play their games. He didn't see any news about the trial, but then he rarely watches network T.V. NPR radio is more his style. He's even been interviewed about forensics on WNYC. Last night, he gave Alexis Castle's report another reading, double-checking that he had all his bases covered. Then he curled up with an Andrew Mayne novel on his Kindle. The magician turned writer is young, but Carl loves the way the man thinks.

Acknowledging Judge Markway's reminder that he's still under oath, Carl gets settled as Eli approaches. "Good morning, Chief Osnitz. I want to go over procedures for analysis of D.N.A. and the steps that C.S.U. takes to assure reliable results. Start with the preservation of samples at a crime scene."

Carl's suddenly grateful that he took the time to go to the men's room before entering the courtroom. It's going to be a long morning.