Prologue
Once upon a time … there was a magical city, Las Vegas, in a desert valley in the United States of Nevada. Buffets were delicious and inexpensive. If someone didn’t have a job, they didn’t want a job. Hotels, schools, and homes were built and filled, immediately. Cellular telephones were as large as an adult’s forearm and weighed ten pounds. No one had ever heard of a text message. Photographs were developed from film. An hour was the soonest you could see them.
A wonderful new invention, caller ID, stopped crank callers in their tracks. The World Wide Web was just coming onto the scene. Al Gore was still claiming its invention – or was that an urban legend? It was so long ago that the word, windows, referred only to glass encasements in physical structures. Rich kids had Apples and Atari. That is when this story begins, in the last days of the pre-digital world.
You see, before one could sneak a look at a cell phone or emails, Google a name, access cheaters online, or hack a Facebook account, people dared to fall in love, and even then, it often ended badly, and at times, in tragedy. For in that magical land, just as in all the best fairytales, love rarely ended in, “Happily Ever After.”
Bang Bang
Living in Vegas, those words mean many things. I grew up here. I became a court reporter. I am not a tape recorder in a wool suit. I am not a timid, bland, unattractive, older woman with a bun, who blends into the background. I am young. I am sexy. I wear Ellen Tracy and the requisite double pair of shoulder pads. These are the days of big hair, and I have a big mop of naturally curly, dark, wild pony hair. I wear doily socks with heels. I make over $75,000 a year, and I am in my late twenties. It’s designer everything.
My equipment is even computerized. I am the first court reporter to write, “real-time,” in a courtroom on a daily basis in this jurisdiction: Real-time means that, as I write, it comes right up on my computer screen next to me. It’s brand new technology. My judge and the attorneys can get a rough draft of the proceedings at the end of the day on disk. Well, the attorneys have to pay for them. I charge them $100, and I ask them if they want one of my, “Dirty ASCII’s.” And yes, I will explain how that magic little machine of mine works. Be patient.
I have been the scribe for thousands of criminal histories, satires, even a few legends. I keep the Record. The judge I work for is one of the best. Hence, he is referred to as one of the Supreme Court’s favorites. He presides over many a civil suit, as well.
Usually, the civil suits are excruciating vacuums of vexation so dry they suck the life out of your cells. Let me pierce your imagination with a speck of these doldrums, as follows: The malpractice of any and all professionals, except prostitutes; construction defect cases, when 75 lawyers argue over soil composition, whether it is dirt or sand, Jurassic, Triassic, alluvial or sub-alluvial – big money for me, and well deserved -- and probate cases, during which the beloved, grieving siblings at funerals walk into the courthouse transformed into vipers, shrews, starving Komodo dragons, whose behavior is so egregious as to make their dead parents wish they had left it all to the dog. Sprinkle in breaches of contract and condemnation, and you will have glanced at the smorgasbord of wrongs that my little fingers have banged out and into my little machine.
Court reporters must develop coping mechanisms to compensate for sitting in a state of Zen-like attentiveness, I personally believe that by the time every court reporter has worked for a year, we have developed little ticks to our personalities. You have to in order to compensate for sitting in a state of Zen for hours on end. Our job is not to be good at what we do; our job is to be perfect.
That little machine is not the magic. It has nothing to do with typing skills. The machine is phonetic. The beginning sounds of words are on the left. The end sounds are on the right. The vowels are in the middle. We are squeezing sound INTO that machine. It is exactly the same and yet the opposite of playing the piano.
I am adventurous. Give me motorcycles, toddlers on sugar, or nights that no one can guess how they might end … and now you know how I cope. I like my stability, but once stability is established, status quo, well then, I am a Viking. I am also naïve and yet flirtatious, which has proven to be a dangerous concoction of personality … or so some have remarked.
After dinner, a bath, a swim, after my little one is sleeping, and after sex – be it lovemaking or banging -- I sit down at my home X-Scribe computer to punctuate, perfect, and print the Record, which is then delivered to the Clerk’s Office, the attorneys, and sent upstate to the Supreme Court for their review and decision. By that time each proceeding has been diminished and publicly doomed to purgatory, detached and devoid of passion, magic, fury, suffering, and, of course, any tenderness. Then -- bang, I get paid.
I cannot keep watching and listening, courtside, with no weapon nor shield for my soul, while reruns of unimaginable insults to human dignity are proven up beyond a reasonable doubt. I break my silence. Ergo, from my fingers to your eyes, I vow to tell you the truth, the whole truth, and nothing but the truth. Before I expound, I need to take you somewhere.
There are moments in time when one choice changes everything. Imagine throwing a pebble into a stream, watching it ripple, and someday being on a boat and capsized by the wave that pebble created. That’s where I am taking you, to the ripple that capsized a family’s reality, mine, and on this day, it laps up onto the shore of your life. I wonder where you are, and how it will affect you.
Paul Connors, a family man, is returning to his modest home with his wife and oldest daughter Mary, after enjoying the seafood buffet special at the local Henderson casino. Their younger daughter didn’t want to go to dinner. When invited, she made a funny face and said, “Ger-Ross. You eat it. I’ll stay home and eat Lucky Charms.”
“Find your way home, Brown Sugar,” Paul Connors says to his Jeep, being, a man of simple pleasures.
As they pull into the short driveway, Mary looks to the right and sees a familiar car parked on the side of the house. “Will you take these in, Daddy,” she says, dropping the bags of dessert into the front seat between her parents. The clear, cold, desert night hits her face and pervades her open jacket. Her parents lag behind, locking up the Wagoneer. Mr. Connors gathers the doggie bags, shaking his head. Mrs. Connors walks to the street to collect the mail. Their firstborn, Mary Michelle Connors, slipstream in her long shadow, as silent as moonlight, races up the walk to the front door.
Mary twists the handle of the door, soundlessly, pushing it open. Practice pays off. Scaring your brazen little sister, in the same manner, year after year, is no easy task. Saving your sister and her boyfriend from being caught in the act by devout Catholic parents, simultaneously, is loyalty, hilarity, and brilliance, all at once. She steps in, like a Shaolin monk on rice paper, and across the threshold into the dark, empty living room. Summoning all of her chi, Mary shouts, “Boo!”
“BANG!”
“Cheyenne?” Silence. Mary walks toward the bang still resonating from the kitchen.
Blood. Blood? Dark red blood. Mary stumbles backward out of the kitchen feet never feeling the floor no sound coming from her screaming mouth in slow motion long legs running red hair flying in her face.
Crossing the threshold, sound at last escapes her mouth when the cold air hits her face -- “DADDY!” she screams, crashing into him on the front walk, knocking the bags of dessert onto the lawn, “They’re playing a joke Daddy make them stop it they’re playing a joke Daddy make them stop it.”
As Mary shrieks into her father’s chest, Mrs. Connors turns the corner with the mail under her arm. In the darkness, she cannot tell which of their daughters is hysterical. Colleen surmises it is Cheyenne -- because isn’t it always -- until her husband pries the young woman loose, pushes her behind him and into Colleen’s arms. As the mail slaps the pavement, Paul walks into his home, toward the light in the kitchen, calling out the name, “Cheyenne! Cheyenne!”
Six feet behind him follows a procession of dread. First, his wife, in cadence with each reluctant step, prays silently, Hail Mary full of grace the Lord is with you. Clutching her mother’s bicep, Mary chants in a whisper, “They’re playing a joke Daddy make them stop it they’re playing a joke Daddy make them stop it,” but it is not a joke, and Paul Connors cannot make them stop dying together on the kitchen floor.
“This is no joke, Mary. Get your mother out of here. Call 911, then take your car and go get Justin’s dad. GO, Mary, NOW!” Paul shouts, without taking his eyes off his dying daughter.
Soon after, five police officers enter the modest Connors residence at 7183 River Run Drive. The sergeant walks to the doorway of the small kitchen, noting five paramedics grappling with the Grim Reaper for two teenage lives. Sergeant D shakes his head and remarks to himself aloud, “Shit. They’re just kids.” The cacophony and fluorescent light ooze from the kitchen into the dim dining room. Sergeant D backs away, flips on the dining room light, and points at his partner, Officer T, signaling him to come and replace him at the doorway.
The female is bleeding profusely from a gunshot wound to her face. Her name is Cheyenne Connors, and her brain is dead. The male suffers a gunshot wound, as well, that severed his tongue, sending half of it and his front teeth across the room where they lay, as yet, undiscovered. He is 16, a junior at Basic High School, and his name is Justin Daniel Castle. He is fighting for his young life, after sending a .9-millimeter round into his chin. His tongue will be saved, and he will speak again.
Two more police officers usher Cheyenne’s parents around a corner, down a narrow hallway, and into a bedroom for their statements. Another walks through the house, then will exit to walk its perimeter. Sergeant D sits on the couch with his radio and begins the paperwork. When Rookie K enters the residence, Sergeant D delegates him to the kitchen to, “secure the scene.” He meant for K to relieve T, and stand at the doorway.
Timing, indeed, is everything, for seconds after K relieves him, Officer T intercepts a young redhead charging through the front door towards the kitchen. T stretches out one well-muscled arm, catching Mary by her shoulders. As T takes hold of her, spinning her around, she begins to shriek, “CHEYENNE! CHEYENNE! I want to see my sister. Let me go you son of a bitch! AAAAAUUuugh – He killed my baby sister.”
Officer T is seven years on this force, a transplant from Philadelphia. He doesn’t want to disturb a potential crime scene by waltzing the sister through the house. T deftly keeps one arm tight around Mary’s shoulders, ushers her to the backyard, where he plans to console and question her, nor does Officer T want the redhead to watch the paramedics fighting to preserve just enough of the dying girl’s life for organ donation. T does not want her to have false hope, nor does he want her to see them wheeling a body bag out the front door. Sergeant D nods to T -- silent cop language for good call -- T winks back at him.
It is then that Rookie K, who is two months out of the academy, enters the kitchen. He sees two dying children, five paramedics, blood everywhere on everyone – and a gun, a .9-millimeter semi-automatic, shadowed by a cupboard’s overhang, and now illuminated by the dining room light. The gun rests inches from the hand of the boy, whose mouth is a bubbling fountain of blood. K glimpses the gun when it is bumped ever so slightly by the foot of a paramedic, R, who is on his knees attempting to intubate the gory mouth.
R is praying out loud, “Give me a hand here, God. I can’t find his airway. If you want him to live, God, the kid needs air.”
K sticks his head out of the kitchen and asks Sergeant D’s permission to move the weapon. The sergeant is sitting on the sofa, his back still to K. Without looking up from his report, the sergeant nods approval, “Go ahead then. Don’t get in the way in there.”
Young K is no different from any of us. His consciousness is his universe, and in his own private universe, Rookie K has established the guilt of the defendant-to-be. It is obvious to him that he is on the scene of a classic, yea, Shakespearean even, murder/suicide. The position of the gun near the boy’s hand and his contact wound, the non-contact wound on the girl and her position on the dishwasher door – he has solved his first big crime and a rather sensational one at that. It is at least a very bloody one.
The ego of this eager, well-intentioned rookie swells a little as he steps forward and instead commits his first professional sin, pride, the origination of degeneration. If you think about it, the entire Bible, which is rather long, had to be written because of the first three chapters, the first deadly sin: Pride, so it was, and so it is, the same scenario in all humanity, over and over again.
Rookie K picks up the gun, barehanded, and takes it to the dining room table in the next room. K’s sergeant hasn’t looked up from his report. His back is to K, who stands at the table -- his latex gloves tucked neatly in his pocket -- while he removes a live round from the chamber, disengages the clip from the gun, and in the process, destroys any possible fingerprint evidence.
Apparently, K has made it through life without viewing a single episode of Kojak – or Law and Order, depending on your age. Maybe his mom made him go to bed before reruns of Dragnet came on, before forensic science was dinnertime TV. One wonders if K had a television at all. This aberrant police behavior led to Rookie K’s fingerprints all over the weapon, which led in turn to: Defendant Castle’s Motion to Dismiss.
What WILL follow is not the sanitized Record. This is my Record. This is the story of the death of Cheyenne Connors, the prosecution of Justin Castle, the wizardry of the practice of law, and to me, what is the mystery of love. This is my first attempt to at last:
Campus Couple
On this cold, clear January evening, I am with my husband. It is our anniversary dinner. We have been married for three years, and we are celebrating at the Golden Steer, a very classy restaurant on Sahara. It’s been here since Benny Binion was alive. The service is impeccable, and the staff adores our six-year-old daughter, who likes to order in French. They pretend to understand. She assumes they do.
We are the campus couple … in our own minds anyway, and that’s all that matters. John is a brilliant, bossy, Marine who put himself through law school, and then he matriculated to the desert, where he rescued me, and my little girl, Minako, from a bad marriage to a Japanese national. I let John adopt her after a year of marriage. I was glad for it. Her father didn’t intend on returning to this country or to her. While Cheyenne Connors’ life is being suspended artificially to retrieve her organs, we order our dinner.
“What does Minako want tonight?” John asks.
“Cake, Daddy.” She engages him. “I had my dinner early, so I wouldn’t be starving!”
He smiles, revealing his perfect teeth, and takes her into his lap. Oddly, it reminds me of Little Red Riding Hood. His teeth are kind of big. She begins to search through her daddy’s jacket pockets for her surprise. She will search until she has found her treasure and then revel in the delight and the magic of her father’s pockets. Whether it is a toy, a sweet, or a paperclip man that he has made for her, her day is complete.
We just opened a law practice for John, and he has officially hung his shingle. I am an official for Judge Thomas A. Foley, of Foley Brothers fame. If you don’t believe me, they named a federal building after them. That is original good old boy juice before either good old boy or juice meant anything derogatory, whatsoever. Tom Foley was raised in Las Vegas, sweeping the floor of the only speakeasy in town as a kid. My judge is the senior judge right now, and we are hoping – okay -- we are counting on him appointing John to the murder team.
This would mean that his practice will have a steady criminal client list through appointments, not only in Justice Court, but he will be able to defend death penalty cases here in this jurisdiction. When a case has more than one defendant who cannot afford their own attorney, they farm them out among a list of attorneys seeking criminal clients, because the Public Defender’s office cannot represent two defendants in the same case. That’s a conflict of interest. Then the State pays those private attorneys a reasonable fee for their time.
“Tits!” That’s what John said when I told him my judge said it looked good for him. The murder panel is a big favor, and it isn’t against the law here – yet – to do a favor for someone who has been loyal, faithful, or a friend. This is still Original Las Vegas, both on and off the record, in its last days, as well.
John is very smart and deserves the nod, but the timing couldn’t be better. His tan hand stretches over mine. “This is our year, my fair and elusive Charley. Someday they will welcome you to Saks Fifth Avenue the way they do your stepmother.” I love the hands of men. John’s hand is like him, strong, broad, golden, even the hair that winds from his sleeve to his fingers is golden. He makes a vampire’s voice, “Look into my eyes. I will make all of your dreams come true.”
His eyes are sea green, and they grow cold when he is angry. “John, I am so proud of you. And I am happy about the murder team, but you have to promise me …”
Our second round of drinks arrives. John’s drink is in a tumbler he brought from home. He handed it to our cocktail waitress on our arrival and told her, “Tell the bartender to charge me whatever he wants, but I want him to make it like he would for himself, doll.” Yes, he calls women names like that. It’s offensive – yet, with his impeccable sense of charm and timing, he actually plays it off. If you tip well, almost anything goes. His sense of humor is … eccentric. He thinks it adorable and not worrisome at all that our six-year-old daughter is embalming Barbies and giving them ornate – for her age and resources – and correct funerary rites, as a nod to the Egyptians. I worry.
“Promise me that you are not, not ever, not in any way going to behave like Alan did after he opened his practice.” Alan is John’s dear friend. They passed the bar together. He opened his own practice, promptly got full of himself, and then let something or someone convince him that cheating on his wife, who is my dear friend, was a step up in the world. Honestly. We used to have such fun with them as a couple. We did the Friday night barbeque at Green Valley Athletic Club with them twice a month.
I do not want to see John becoming overly impressed with himself. He is from small-town Kansas. His parents’ phone number is four digits long. That is small town. I had to teach John how, who, and when to tip. I gave him his foundation in Las Vegas manners, a do and don’t guide. I reworked his wardrobe and sent him to a stylist for his hair. The rules are different here in Vegas, and they always will be, or maybe you have heard.
John could truly become a great lawyer. He has the tenacity required, more than a kennel of bulldogs, I would wager. I can see him as a governor and a good one. People from simpler places sometimes have a hard time in Vegas. The glitz and the distinct and pungent flavor of the way absolutely anything is run here, including justice, can be overwhelming. People have become intoxicated from the town, itself. I have seen it. I do not want anything to interrupt our plans, our future, our happiness.
My husband leans in and kisses my hand. “My poor butterfly, I will never hurt you. You don’t ever have to hurt again. Semper Fie.”
A wave of ease pours through me and almost relaxes me. The drink is helping. I have worked long and hard for my daughter and me to be where we are. I married a proud Marine, an MP, when he was a Deputy District Attorney. I met and married him within three months. Could I have dated strategically and married a man already established? Yes, easily. But that isn’t the American dream. We have plans. My education is paid for, and we are, except for his student loans, unencumbered. I am driving my first new car ever, a black Honda sedan, my Batmobile. I want no derailments. Dinner goes well.
By the time our dessert arrives, Minako is sleeping in the booth. Her head is nestled in my lap. My husband, my daughter, a brand-new year in our life together … all is going well. Who would dare throw a pebble into the calm waters of love and success that we envision?
Séance
Eight full months have passed since the shooting and our anniversary. Justin survived his suicide attempt, if that’s what it was, and his case ended up in our department and is ready for trial. Pretrial motions are common in murder cases, but they take time, effort, and must be meritorious. It is a blatant literary lie that frivolous criminal motions can be and are made in District Courts. Attorneys don’t just waltz into court and orally make motions. They are prepared legal documents, including all of the reasons, statutes and case law that can possibly apply. The other side is served with that motion and always responds. An attorney could be fined for filing frivolous motions. I don’t know all lawyers, but lawyers in Vegas are notoriously cheap. Plus, it would be a big ego bruise to be fined by the Clark County Bar Association.
After the paperwork is submitted, then a date is set for oral argument. Much less, motions are usually not made until just before trial when pleas have failed, if they have been offered. The Clark County District Attorney generally doesn’t plead out murder cases, though. It is almost eight months now, since Justin fired a round into his girlfriend Cheyenne’s face, killing her; eight months since he shot himself under the chin; eight months since the year turned, and my husband and I opened a law practice.
The purpose of pretrial motions is to add rules to the game or subtract them, as the case may be. I find it interesting that as they practice law, attorneys often regress to Latin, Rome being the seedbed of modern law, even if many erroneously ascribe it to the English.
It seems a strange propensity and reminds me of how I open my mouth to advise or scold my child and find myself unwittingly quoting my parents. “If you want something to cry about, I’ll give it to you; if you go barefoot, you’ll get worms; eat that, people are starving in Vietnam, Africa, Timbuktu; put that down, you’ll put your eye out.”
Attorneys do the same thing: nunc pro tunc, (now for then); res judicata, (it’s already been decided); res ipsa loquitor, (it speaks for itself); and habeas corpus, (bring the body before the Court).
I wish I could file some pre-law-office motions with my husband, nun pro tunc, but I cannot. Frankly, I thought we had that all covered. But if you don’t have it in writing … Speaking of, “writing,” I need to teach you to read a transcript. Don’t get bored. It only takes a minute, and if you ever end up in court, it will do you good.
To tell you the truth, I am, in fact, going to need to take you to court. So, you need this. Transcripts of proceedings in Nevada are formatted within a box. When the judge speaks, it will read as, THE COURT: When lawyers speak, that is called colloquy. Lawyers are not allowed to talk to each other. That is excessive rudeness, and those that do so, on the record, are admonished by my judge, which means, he bawls them out until they feel castrated. When a lawyer speaks, outside of questioning the witness, we use his name. In this case, the Deputy District Attorney is Jake Christensen, and the defense attorney is Gregor Pavao, pronounced, Pa-Vow. When they speak, it will read as MR. CHRISTENSEN: or MR. PAVAO:
Now, when a witness is being questioned, the process is visually marked by the word, EXAMINATION, on its own line. There will be another line, indicating the lawyer questioning, and then another line, an indentation, a capital Q, for question, and another indentation. The answer is set up in the same manner, only with an A. However, if the witness speaks to the judge or answers a question following an objection, it is set up like colloquy, and you will see the words, THE WITNESS, appear. Don’t worry. It’s easier to read than it sounds, but if you forget, you can always come back and re-educate yourself.
Ergo, I bring before you now the drama, the comedy, the poetry, the holodeck of crime, if you will, of Department XIII with:
Thursday, August 16. On Tuesday and Thursday mornings, the criminal law and motion calendars are heard at the appointed hour of 9:00 a.m. The Honorable Thomas A. Foley is never late. Judge Foley attends to the matters on calendar such as sentencings, probation violation hearings, arraignments, and entries of pleas. He moves through his calendars in the interest of judicial economy, which just means, quickly. Although, Judge Foley will always let one be heard, and heard and heard, sometimes, as long as one follows the Rules. That’s how it works and how he runs his courtroom. Cross the T’s and dot the I’s, but get to the point, and so shall I. Welcome to Department XIII.
And in this corner, in the $1,000 suit, the impeccable lizard – I mean, wizard.
Probably to the tune of everything Justin’s father owns, can get his hands on, or both.
Gregor Pavao is about to argue. He is as impeccable as his suit. His tan, bald head is reflecting the overhead lighting. It looks like a halo, but it isn’t one. This lawyer is well known and, as I said, pricey. He deserves it. He is good, very good. He is also tall, a good six-foot-three. His cologne is God awful expensive.
Today esteemed Counsel will be arguing whether or not to dismiss the case due to the inadmissibility or admissibility -- depending on whose corner you’re in -- of the contaminated murder weapon. Gregor Pavao has written a beautiful motion. The State, through Jake Christensen, has dutifully responded, but Pavao’s motion is on all fours. Not that I am a legal scholar, but I drink coffee in chambers before court, and, hence, eavesdrop on the Judge and his law clerk as they prepare for calendar. They’ve discussed the Castle Motion to Dismiss for 20 minutes. This time it sounds like Defense very well may win, which means, no gun; ergo, no murder; and the State is screwed.
Lawyers bring case law to argue motions more often than boys bring big brothers to a brawl. Sometimes they have to bring the same cases and then attempt to convince the judge it’s – well -- on their side. In Nevada when lawyers attempt to dismiss charges because the weapon has been mishandled by law enforcement, they run off to consult the case law of Sanborn and Sparks, just as King Saul ran off to consult the Witch of Endor. And, just as King Saul did, most end up falling on their sword, defense lawyers, that is.
I don’t know much about Sanborn, except that he ran over his wife with a car, but Sparks – and mind you, this is not a legal treatise – Cody Sparks was a college student who killed her father. Cody’s story, from the get-go, was that dad was having sex with her since she was barely adolescent. On the last occasion of his advances, she refused him adamantly. He was very drunk, and put a gun to her head, while he attempted to rape her. Dad was drunk enough that Cody was able to wrestle the gun from him in the ensuing struggle and kill him, or something close to that. That’s not what matters.
What mattered was that Dad was very well connected with law enforcement. The police didn’t believe a word of Cody’s story and booked her for murder. She was charged, tried, and convicted. There was no effort on the part of the police to preserve the integrity of the weapon. It was mishandled, and any evidentiary value it had for the Defendant Cody was lost before trial.
Our Supreme Court on appeal dismissed the entire case and sent Cody back to college. I think one of the Justices remarked in the opinion it didn’t look too good for the District Court Judge to have tried the case, considering he was golfing buddies with the dead dad of Cody from the early seventies right up to the time of the killing. Only in Las Vegas.
I’m partial to Sparks, I suppose for its sense of local intrigue, but more so, because my husband, John and his best friend, both Deputy District Attorneys at the time, wrote the responding and losing appeal brief for the State before he courted me.
The bottom line is the Supremes digested the briefs and ruled that if police behavior is so sloppy, they may as well have been purposefully destroying evidence that might in any possible way help a defendant at trial, law enforcement has to forfeit the whole game. Bringing contaminated evidence to trial is like bringing a basketball that fits only through your team’s hoop. The litany is, “Gross Negligence equals Bad Faith.” In other words, no fair. The evidence becomes the fruit of the poison tree, and the judge must dismiss the entire case. Poof. Murder Be Gone.
As I said, it sounds like Mr. Pavao is going to win. We have a monstrous calendar today. The courtroom is packed with attorneys; defendants, in and out of custody; as well as a large group of spectators. It is not often that one of these fruit of the poison tree motions is meritorious, let alone succeeds. The duel lasts 38 minutes. A lot can happen in 38 minutes. It is part of my job to sense what is going to happen next -- otherwise, I could never keep up -- but I didn’t sense what came, and I won’t ever know what dimension it came from.
Sanborn and Sparks, the relevant cases on point, are summoned like ghosts to stand as advocates, first behind the theory of the Defense, then the State, and then back to Defense. Remember, the moving party gets two bites at the apple, first and last. Each man in his turn employs his eloquence like a Ouija board to coax the powerful specters near his table, that he might cage him there with his logic long enough for the Judge to rule in his own favor.
It comes in the midst of that séance, while Justin’s wizard is on his feet in rebuttal, those dangerous final paragraphs of battle, when he might forget a salient point, leaving his sharpest dagger forgotten in its sheath, but also realizing that redundancy will certainly weaken his spell. The Judge with white hair and black robes leans forward and interrupts the murder-be-gone magic of Mr. Pavao.
And wait we do. Sanborn and Sparks, those archangels of justice, heretofore enchanted by Defense, do not. Slipping through the bars of Pavao’s gross negligence equals bad faith argument, they return to hover in the well.
The young wizard for the State in his sharkskin suit, head dropped heretofore in preparation of certain defeat, startles in his seat as I finish writing the Judge’s first sentence. As I am writing the second sentence, he mouths to me some silent message. I cannot read lips, but I can read eyes, but to briefly mention the presence of paramedics and the chaos in the kitchen on that night, Christensen hadn’t argued that. I know, and he knows. Yet no one else seems to realize the faux pas.
Gregor Pavao stammers a bit, as though a net has fallen down upon him from above, but he is not prepared with case law or otherwise to defend such a blow. He makes an effort but is completely, and understandably, unprepared.
It is that moment of which I write, the incantation of the Judge falling sweetly to the tanned, downy ears of the apprentice, the wizard for the State. His sharkskin suit glows as the archangels of case law come to perch obediently on his shoulders. His blue eyes shine at the revelation of perspective.
Christensen sits down at the table, quaffing the lesson in sorcery, tapping his Cross pen like a wand. The defeated defense attorney gathers his file to leave. The teenaged Defendant in handcuffs and ankle chains limps back to the box, and Judge Foley calls the next case. You get what you get.