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“And you said the maid usually left at two but he didn’t see her leave that day. And Jerome saw the blue convertible there at four but it could have been there earlier?”
“That’s right.”
“Do you have a time of death yet?”
“No. Battle said he would get it to me, only he didn’t say when.”
“Battle actually said he would provide it to you?”
“Yeah, why?”
“As you know, Virginia is an ambush state when it comes to criminal pretrial discovery. They now have to adhere to the Brady rule because the Supreme Court said so, but Brady only covers exculpatory evidence.”
“Right, any evidence that might help the defendant. Funny thing, though, I’ve never once gotten any exculpatory evidence from a commonwealth’s attorney.”
“Everything else they can withhold until trial. But that sword cuts both ways because we can surprise them, too. So no money found on him. No murder weapon. Thus, no motive, no means.”
“But he had the opportunity. That may be all the commonwealth needs.”
“Jerome said a package was delivered that day by the mailman. Did anyone find it inside?”
“Not that I know of. I looked around some but I didn’t do a thorough search. Okay, if you want in on this case, you can be my co-counsel.”
“So you see Jerome as what, your springboard to a partnership in a big firm?”
“Taking this case will ensure I never get that, at least not in Virginia.”
“Why are you doing this, then?”
“Well, maybe I can aspire to be a lawyer like you.”
“Is that what you really want?” she said skeptically.
“You can find out. As my co-counsel.”
“It can get very dangerous, Jack. As in life-threatening.”
“I already told you, I don’t run from a fight.”
“So long as you’re sure. Now, any way to track the blue convertible?”
Jack said, “I have an investigator I use, Donny Peppers.” He also told her about the former counsel, George Connelly, waiving Jerome’s right to a preliminary hearing.
“We can always threaten to raise the issue to get an advantage elsewhere,” she noted.
“The formal charges from the indictment were read at the arraignment.”
“Should request a bill of particulars?” DuBose asked.
“I looked at the transcript. It was pretty clear. And Battle wants to take this sucker to trial as fast as possible. What about a change of venue motion?”
“Where else in this state would we take the case?” she said. “Richmond? Danville? How about Lynchburg? No, we plant our flag and make our stand here. Now, what about bail?”
“The commonwealth objected to any being requested. I talked to a couple of bail bondsmen I know. It’s doubtful the Washingtons have the money to post their share, or that a bondsman would even agree to put up the rest. They don’t own their home, so a surety bond is out of the question.”
“But we’ll also hold that in our back pocket.”
“There’s also a motion on the docket for Friday to replace me as counsel because I’ve never done a murder case before.”
