The Case of the Defenseless Prosecutor
Chapter 8
8.1
The law officers entered Eddy's Bar and Grill. The waiter smiled when he spotted Perry Mason and Della Street. "Right this way Mr. Mason."
The waiter led the group to two tables that had been placed together to form one large table. Chairs had been placed at every spot with the exception of the head of the table. Ironside surmised Della had informed them of his disability.
The chief took his place at the head of the table. Perry sat down to his immediate right. Della as always sat beside Perry while everyone else took the closest available seat.
After orders were taken by the waiter, Perry began briefing Ironside and his people what had happened in the past two days.
"When is Hamilton being arraigned?" Ironside asked.
"Tomorrow," answered Lt. Tragg. "Perry is going to try and see if he can get the judge to set bail."
Ironside turned his head in surprise. "Since when do they do that anymore? There is no bail in a murder case."
"Not normally Bob, but the judge can make an exception. Judge Coleson has the utmost respect for Hamilton," Perry said. "I believe I can get him to make an exception. There is no way Hamilton is a flight risk. His whole life is his work. He is not going anywhere. I believe the judge will grant bail."
"If he does grant it, the bail will be extremely high, Perry." Ironside looked at his brother questioningly.
"I realize that but there is someone who can afford it and is willing to pay his bail if it is set high," Perry said.
"Who?" Ironside asked?
"Me," Perry said. "If the judge does grant it, I will be paying his bail."
Della smiled. She put her hand in Perry's under the table and gave it a slight squeeze. Perry returned that squeeze.
"Chief, how do you want to proceed?" Lt. Tragg asked.
"First of all I have ordered Carl to continue checking Fox Technology and start investigating Conway Technology. We have to find out if there is a connection between Daniel Moorey and Conner Wolff. The Tennison and Stimson companies need to be investigated here in Los Angeles. I believe we will discover there is a connection to Wolff with those companies as well. We have to check the flash drives as well. The only way we are going to clear Hamilton of this murder charge is to find Conner Wolff's killer or killers."
"Bob, I suggest we meet in my office tomorrow and decide how we are going to divide up the investigation," Perry suggested.
"I have to see Captain Brandt in the morning at nine o'clock. What time is Hamilton being arraigned?" Ironside asked his brother.
"Nine o'clock," Perry said.
"Why don't we meet in your office at ten o'clock then?" Ironside offered. "And Perry, if the judge does indeed grant bail, bring Hamilton with you. Since he spent the day following Conner Wolff around, he might be able to add to the discussion."
"Who is prosecuting the case?" Ed asked.
"Deputy District attorney, Wayland Grant," Della answered. "He and Hamilton did not get along very well."
"Are you suggesting he might try to railroad Mr. Burger into the death penalty?" Eve asked.
"I would not go as far to say that," Lt. Tragg said. "I must point out that he would be next in line for Hamilton's job and he is very ambitious. If he really believes Hamilton is guilty, he will go all out to prove it. I am sure he would not mine beating Perry either. That would go a long way toward getting Hamilton's job."
"There is not much else we can do tonight? Perry, where are we staying while we are in town?" Ironside asked.
"Your staff will be staying at the Holiday Inn about a mile from my apartment. You will be staying with me."
"It might be better…." Ironside began.
"No, don't bother to argue with me, Bob. You are staying with me. You are my brother. The last time you came to town I gave in and let you stay at a hotel but not this time."
Della smiled. Perry had not mentioned this, although she was not surprised. "Perry's right. The two of you can communicate better if you are together."
"I am not so sure this is such a good idea. I just spent two weeks with him at the commissioner's cabin. If I have to be cooped up with him the entire time I am here I might end up charged with murder right alongside of Hamilton Burger," Ironside said gruffly.
Everyone laughed. Della was sure Robert made the comment to break the tension that had been building all evening.
"Well then, let's call it a night and we will meet in Perry's office tomorrow at ten o'clock," Lt. Tragg said as he got up. "I will make sure Ed, Eve and Mark find their way to the hotel."
"Chief, what about Otto?" Mark asked.
"Otto stays with me," Ironside said.
"Just as long as he sleeps with you and not me," Perry said.
8.2
After arriving back at Perry's apartment Perry poured three glasses of bourbon. He handed one glass to Robert Ironside and sat down on the couch beside Della. He gave one of the two remaining glasses to Della.
Otto whined and nudged Ironside's hand. He was rewarded with a scratch behind the ears.
Ironside watched his brother who sat with his arm around Della. In his usual bold manner he asked, "Do you really have the kind of money it is going to take to post Burger's bail if the judge allows it?"
Perry grinned. "A good lawyer makes considerably more than a good police detective."
"That would not be difficult considering how stingy the city of San Francisco is." Ironside said with gruffness in his voice."
"Did you ever think how successful we could have been as a team if you had decided to become a lawyer instead of a cop?" Perry asked Ironside.
"I never had any desire to be a lawyer. I never wanted to be anything but a cop," Ironside said. "You would have made a pretty good cop. You have excellent deductive abilities." Ironside leaned forward in his chair. "And between us we are going to have to put all of them to use to find Wolff's killer."
"The last case we worked on together was not easy either. We solved it and we will solve this one as well. Is something bothering you Bob?" Mason asked sensing Ironside's uneasiness with the case.
"I do not believe Burger was framed."
"Neither do I. He walked into the murder scene and that is going to be a problem." Perry poured more bourbon for both his brother and himself. Della consumed her drink slower then the men.
"Conner Wolff was stealing technology from companies he was working for. There is some evidence that point he was getting it from Daniel Moorey. Perry, we have to find Moorey." Ironside drank from his glass of bourbon.
"We also have to check the CEOs of those companies. If they were aware of what Wolff was doing then they were condoning it and possibly had to kill him if they lost control of him," Perry said. "I am at the very least going to have come up with enough proof to show there were others besides Hamilton that had the opportunity and the motive to murder Conner Wolff. First we find the reasonable doubt to make sure he is acquitted and then we find the real killer."
"Reasonable doubt is all we really have to provide," Della said.
Ironside set his glass down on the coffee table. "If we are to save his job as district attorney reasonable doubt is not good enough. The voting public loves a scandal. They will only put him back in the job if we prove he was wrongly accused. We start first thing in the morning….and we will find the killer or killers. Now where am I sleeping?" He turned his chair in the direction of the hallway.
"This way Bob," Perry said.
Ironside looked over at Della who had stood up. He smiled at her and said, "Good night, Della."
Della walked over to him and kissed Ironside's cheek. "Goodnight, Robert. See you in the morning."
Ironside followed Perry down the hall. Otto was right behind them. "The bathroom is at the end of the hall. We will have to share it. I have installed some bars and put in a bathtub seat. I think you will be able to handle it yourself but I am here if you need help." Perry opened the one bedroom. "You will be staying here. Feel free to use the desk. I removed the chair." Perry lingered waiting for Bob to indicate whether he needed his help.
Ironside recognized his brother's hesitation and said, "I am fine Perry. I am perfectly capable of taking care of myself." Otto jumped on the bed and laid down at the foot. Crossing one front paw over the other, he put his head down.
"Then why do you yell Mark's name every five minutes?" Perry asked.
Ironside grinned, "Habit! Besides, Mark does make things much easier for me. Don't tell him I said so."
"Your secret is safe with me." Perry glanced over at Otto. "Does he need to go out one more time tonight?"
"No, he's fine but he can't sleep there or I will never be able to get into that bed," Ironside said.
Perry turned and left his brother alone. He headed back to the living room to pick up the empty glasses when he noticed Della had already done so. He went into the kitchen where Della was rinsing out the glasses in the sink. She turned them upside down and set them on the counter.
Perry came up behind her and put his arms around her. Della leaned back into him. "Well counselor, we had exactly two nights alone together."
Perry chuckled. "I could not let him stay in a motel again."
"I know." She turned around in his arms. "I better stay at my own place tonight."
Perry pulled her tighter. "I don't think so. Do you really think I am going to be the only one to be wakened in the middle of the night by Bob?" He nuzzled her head under his chin.
Della laughed. "So I am not going to be allowed to sleep either, huh?
Perry smiled. "Actually, I was thinking I would at least sleep better with you next to me…..that is if we are allowed to sleep at all."
"Alright, I'll stay but you get up with your brother."
"Deal," Perry said. He took Della's hand as the two left the kitchen.
8.3
Ironside settled into bed after fluffing the pillows. Otto laid beside the bed on the rug. It had been more than two hours since his brother had left his room. Sleep was elusive as it quite often was during a case. His thoughts went back to his interview with Brit Bradford at Fox Technologies. What was that man hiding? Why did he not press charges against Daniel Moorey? And what did Moorey have on Bradford to force him to drop those charges? Ironside got the feeling this entire case was dependent upon finding Moorey. Chances were, he would run into the same wall Bradford put up when they started checking the other corporations.
Ironside wondered if Tragg questioned Richard Littleton's presence at Wolff's office the night of the murder. He made a mental note to have Littleton checked out. Tragg did not seem to hold a very high opinion of him. What was he doing there? His job was done. Ironside doubted that Wolff had any intention of filing a complaint against Hamilton Burger. From what Perry had told him, it was Wolff that approached Burger at the bar not the other way around. No, Littleton was there for a reason. They would have to find out why.
8.4
Perry finished in the bathroom and went back to the bedroom to get dressed. The aroma of bacon and eggs was in the air. On the bed, Della had laid out a suit for him to wear along with a tie, a shirt and underwear. At the foot of the bed was a pair of shoes. Perry smiled. He loved the way Della took care of him, not just here but at the office. He could not imagine his life without her.
After getting dressed, Perry headed for the kitchen. Della had already set the table for three. She was dishing out eggs and bacon when Bob Ironside wheeled into the kitchen. "Where's Otto?" He asked.
Della looked up. I let him out of your room. There is a young boy who lives down the hall. I gave him a dollar to take Otto for a walk so he could do his business. He should be back in a few minutes. Your breakfast is on the table, Robert."
Perry smiled inwardly as he watched his brother eat the eggs. Bob had once told him he did not like eggs but he said nothing. He just sat there and ate the eggs rather than voice his dislike for them.
The doorbell rang. Della got up and left the kitchen. A moment later Otto bounded into the room and sat down beside Ironside, staring up at him with pleading eyes. He began whining.
"I already fed him, Robert." Della told Ironside.
Ironside reached on his plate and handed the dog a piece of bacon. The doorbell rang again. Della went to the door and brought Sgt. Ed Brown back into the kitchen. "Chief, I thought I would go with you to see Captain Brandt. That way Perry can go straight to court."
"Good idea Ed. We better get going if we are going to be on time." Ironside wheeled away from the table leaving about half of his eggs on his plate.
"Perry, who is letting Otto out while we are working?" Della asked.
"I guess we better let Jimmy know where the spare key is. He can let him out." Perry said.
"Do you think that is a good idea?...considering he is a trained attack dog." Della asked.
Perry looked back at her. "You're right. I'll drop you and Otto off at the office," he grinned.
8.5
The police brought Hamilton Burger into the courtroom. Perry Mason was sitting at the defense table in front of the judge. Hamilton walked over to Perry and the two men shook hands. "I am going to try to get the judge to set bail, Hamilton."
Burger was a bit shocked at Perry's revelation. "There is no bail for murder anymore, Perry. You know that."
"There have been many instances where it has happened around this country. I think I can get Coleson to set bail. You just sit there and look professional and …..innocent," Perry said.
Hamilton sat down at the table. Judge Coleson said to the bailiff, "Call the next case."
"We call the State of California vs Hamilton Burger," the bailiff announced.
Perry and Hamilton stood.
"Deputy District attorney, Wayland Grant for the people, your honor," Grant said.
"Perry Mason for the defense," Perry said immediately after.
"Mr. District Attorney, what is the charge?
"We are charging the defendant with the first degree murder of Conner Wolff," Grant told the judge.
"Mr. Mason, how does the defense plead?" Judge Coleson asked.
"Not guilty your honor." Perry said in his well-known courtroom voice. "Your honor before you set a court date the defense would like you to consider bail."
Wayland Grant stood up. "Your honor, the prosecution must object to any consideration of bail. Bail is not allowed in murder cases anymore."
Perry looked at his opponent. "There are exceptions, Mr. Grant. I cite the case of the State of California vs Malcolm McClain, a well-known murder case in this state. Bail was granted and I point out Mr. McClain was found innocent of all charges."
"Your honor, the evidence is overwhelming in this case. Flight is quite likely as Mr. Burger is destined to lose re-election in November. He will have no reason to keep him here."
"Your honor, Mr. Burger has been a member of this community his entire life. His record as a prosecutor is outstanding and he has extensive ties with this community. I have to disagree with Mr. Grant. Mr. Burger is looking forward to his day in court and we believe the voters will most definitely return Mr. Burger to office when it is proven he has been wrongly accused of a crime he did not commit." Perry pleaded.
"Your honor….." Grant began again before being interrupted by Judge Coleson.
"Alright gentleman. Mr. Prosecutor, I have never granted bail in a murder case."
Wayland Grant looked over at Perry Mason and flashed him a very nasty smirk.
"However, I am well aware of Mr. Burger's record and his integrity in this court. Therefore, I am going to make my first exception and grant bail in the amount of one million dollars. Now for the court date, it is set for two weeks from today if both counsels concur."
An unhappy prosecutor concurred.
Ever the professional Perry did not bat an eye on the granting of the bail. He had learned early in his career never to show emotion in court regardless of how a witness, a judge or in this case a prosecutor affected him. He simply looked up at the judge and said, "The defense concurs your honor."
"Next case," Judge Coleson called out.
Perry closed his brief case. Hamilton Burger looked at his friend and lawyer. "That was a gallant attempt, Perry but you might as well not have bothered. I cannot come up with the money and I know no one who can."
Perry smiled at his client. "Well, I do."
"Who?" My friends are all working people. They don't have that kind of money," Hamilton pointed out.
"One of them does," Perry said. "Now let's go and post your bail. Bob Ironside wants you working on this case and frankly so do I."
It finally dawn on Hamilton who was posting his bail. It was none other than his courtroom adversary. "Perry, I can't ask you to post your own money."
Perry smiled again, "You didn't ask me to but I am going to do it anyway. You don't belong in jail Hamilton and I have no intentions of allowing you to sit there for several weeks until we clear you of this charge. Besides I told you we need your help. You didn't really think I was going to do all the work did you?" Perry said trying to lighten the moment.
Hamilton choked back the lump in his throat and returned the banter. "So what you are telling me is I have to clear myself and in the process write you a big fat check for the honor of sitting beside you at this table? Is that it?
Mason grinned. "Payback, Mr. Burger."
"For what?" Hamilton asked.
"For all the times I had to investigate and solve your murder cases."
Hamilton chuckled. "So what do you want me to do?"
"We are going to meet Bob Ironside at my office and discuss that very thing. But there is one other thing I am going to want you to do."
"What's that?" Burger asked.
"Pay that big fat check when I send it to you," Perry grinned again.
Burger laughed. "I trust it won't be padded."
"Look on the bright side. Paul would have presented a bill but Bob Ironside is not charging us a dime. However, you might have to torture your stomach and eat a lot of chili."
"Why don't you have him send a bill instead," Burger deadpanned.
8.6
Ed wheeled Ironside in to Captain Darren Brandt's office. Brandt looked at Chief Robert T. Ironside for the first time. He had seen and read so much about this man. He was the standard every cop who wanted to rise to the top strived to emulate. His cases were things legends were made of. Brandt could not have been happier when it was decided that Ironside would come and handle the investigation in the Conner Wolff murder. He wanted nothing to do with sending Hamilton Burger to the death penalty. Brandt did not believe for one minute Burger was guilty of murder. He did not want to help the deputy prosecutor prove his case against him.
Brandt knew Ironside's reputation well enough to know he was not going to work to help Grant convict Burger but rather he would find the truth. He would not stop until he did. Since Brandt did not believe Burger was guilty of this crime, Grant was going to be sorely disappointed when he found out he was not going to tell Ironside what to do.
Ironside offered his hand. "I'm Robert Ironside and this is Sgt. Ed Brown, a member of my staff."
Brandt shook hands with Ironside and Ed Brown. "Chief, it is certainly a pleasure meeting you. I have followed your cases for years. Someday I would love to sit down with you and discuss some of them and how you managed to solve them."
Ironside smiled. "It would be a pleasure captain but for now let's discuss the Wolff case."
Just like Ironside, Brandt thought. He was known for getting right to the point. "That's fine chief. As you probably know, Hamilton Burger was discovered by Lt. Tragg in Wolff's office with a bloody knife in his hand. His finger prints were all over the desk and the wall."
"Which could be justified by his own explanation," Ironside said.
"Yes chief it could if it were not for the fact that he threatened Wolff in a public bar. We also know that Burger took some evidence out of the evidence room. He was seen leaving. You will want to pick up that evidence. I am guessing by now it is in the hands of your brother. There is the matter of Burger's niece being murdered along with those other four people. The evidence was overwhelming but the jury acquitted Wolff. It was personal to Hamilton. There is plenty of motive chief. The prosecution has motive, opportunity and he was caught with the murder weapon in his hand."
"All circumstantial," Ironside said.
"I am not going to tell you that most convictions are with circumstantial evidence. You already know that," Brandt said.
"I also know that sometimes you need to look past the circumstantial evidence and make sure an innocent man is not being sent to jail," Ironside said.
"That is why you are here, chief."
"I want Lt. Tragg assigned to me for the duration of my stay here," Ironside said.
"Alright, I will tell him. But I would think you would want to leave him out of it since he and Burger are such good friends."
"I want him because he is good at what he does and he knows this city better than I do. He will help me with problems of jurisdiction."
"Well, I am not about to tell you how to run the investigation but I do have to tell you that Wayland Grant wants to meet with you today," Brandt said. "He asked me to tell you that you are to report to his office as soon as you leave here. He wants to tell you what the prosecution needs you to do to help secure a conviction." Brandt knew that was going to go over big with Ironside.
"Please tell Mr. Grant I am not here to secure his conviction of Hamilton Burger. I am here to run an investigation and I will do it my way. I will not be taking any orders from him or anyone else for that matter," Ironside barked.
"Alright, I will relay your message to him." He handed Ironside a file. This is everything Lt. Tragg has on the murder. You have been cleared to access anything in this department you need including manpower. You might want to look at the evidence being used in the case. You can do that at any time."
"Thank you, captain." Ironside nodded at Ed who followed him out of Brandt's office.
Wayland Grant did not have a snowballs chance in hell of telling Robert Ironside what to do. Nor did Brandt believe Ironside was going to be briefing him on anything he found. He was not here to help the police do an investigation. He was here to help his brother clear Burger of murder. He would not however, allow Burger to get off if he was guilty no matter the loyalty to his brother. He was far too principled for that. Obviously, Mason had convinced him Burger was innocent. Ironside would go on that assumption on less he found evidence to the contrary. Brandt was glad he did not have to deal with that twosome. However, he was going to enjoy the sparks that were going to be flying as soon as Grant heard about Ironside's response to his ordering him to his office.
Grant would find out soon enough that Robert Ironside certainly deserved his reputation for doing things his way.