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The door behind the broad bench opened, and out popped Malcolm Bliley like a rousted quail. He was short and rotund, with a pile of white hair topping his sixty-year-old head. He wore black-rimmed spectacles and had the air of a jurist in command of his courtroom.
Jack thought they would have to see about that.
“Be seated,” said the bailiff.
“Mr. Attorney General,” said Bliley. “Shall we get to your motion?”
Battle said, “It gives me no pleasure to do this, Your Honor, but, in good conscience, the facts will allow for no other action. It is clear that Mr. Lee has neither the experience nor the requisite legal ability to try this case. Heretofore, as was outlined in our documentation filed with the motion, the highest felony he has defended was armed robbery. Now, this is a murder case requiring extraordinary legal capacity. And this could indeed become a capital case if the death penalty is reinstated. Thus, we cannot allow the defendant to be represented by anything less than the best we can offer him.”
“And who did you have in mind?” asked Bliley.
Battle pointed to the far end of the first row. “A man you know well. Mr. Douglas Rawlins of the firm McGuire, Russell and Williams. He’s a graduate of the University of Virginia Law School, and has been assistant defense counsel on a number of murder cases and is highly recommended by the partners at his prestigious firm.”
A now stone-sober Rawlins glanced over at Jack with a look of gripping fear.
Jack eyed him, shook his head, and got to his feet. “Judge Bliley, the commonwealth’s motion has been rendered moot by the arrival of my new co-counsel.”
On cue, the doors opened, and Desiree DuBose strode confidently up the aisle as all heads and notepads turned to her.
Jack watched Pickett’s expression as his gaze lit on DuBose. It was not a look that Jack would ever want anyone to have when staring at him.
He said, “This is Desiree DuBose, Judge Bliley. Lead counsel in dozens of murder cases, and she has also won a case in front of the U.S. Supreme Court.”
Bliley said, “I also read of her involvement in the Loving case which, as you know, commenced in Virginia.” He eyed Battle. “And if memory serves, Mr. Battle, on that matter you were, at times, on the receiving end of this lady’s legal skills.”
Battle, who did not look remotely surprised at DuBose’s appearance, said, “She is also not a member of the Virginia State Bar.”
“The Virginia Supreme Court did not have an issue with that,” said DuBose, coming to stand next to Jack. “I was waived in on a pro hac vice basis, as is normal.”
“That was an appellate court appearance,” countered Battle. “This is the trial component of what is shaping up to be a capital murder case. The lawyer defending the accused should be a full-fledged member of the bar where the killings occurred, not some foreign lawyer flitting in from out of state and who doesn’t know our ways.”
DuBose said, “So then you propose to put in Mr. Lee’s place Mr. Douglas Rawlins, who we happened to meet the other night, and who described the man he would be representing as a ‘colored errand-boy killer’?”
Bliley swung his gaze over to Rawlins. “Did you make such a statement, sir?”
“I was there, too, Judge, and he most assuredly did,” said Jack.
Battle glanced at the mortified Rawlins, and the fury in the attorney general’s expression was palpable.
Rawlins stood on trembling legs and said, “I don’t really remember saying words exactly to that effect, Your Honor, but in my defense, I had been drinking maybe more than I should have that night.”
“Well, that’s surely a good attribute for counsel in a murder case, that he drinks too much,” noted Jack.
Battle said in a booming, confident baritone, “This is easily resolved, Your Honor. There are numerous lawyers ready, willing, and able to step in.” He gave Rawlins a dismissive glance. “And I imagine quite a few of them are teetotalers.” He held up a letter. “And I have a document here signed by Mr. Washington whereby he acknowledges that Mr. Lee is inadequate to represent him and has requested that different counsel be appointed.”
Jack exclaimed, “Do you mean to say that you visited my client without me being there? That is a most egregious breach of professional ethics.”
“May we see the letter?” asked DuBose.
Battle made a show of handing the document to Jack and not her.
They read down the typed letter and then looked at the signature.
“And you’re claiming that Mr. Washington signed this?” said Jack.
“I was told that he did.”
“A remarkable performance, since he uses an X as his signature.” Jack opened his briefcase and took out the document that Jerome had signed appointing Jack as his lawyer. “Approach the bench, Judge?”
