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Which he did.
He shouted out the open door to his assistant, “Beverly, no calls unless it’s James Giftos or my mother.”
Scowling, Rathburn came over to the seating area and took the ergonomic recliner, lowering the back a few degrees.
He said, “My back. Sciatica. Sorry about that call. My daughter backed out of the driveway into my mother’s car. Everyone’s okay. My daughter asked me to open an Uber account for her. Hah.”
Beverly stuck her head back in the doorway.
“Mr. Giftos is on the way up. And your mother’s on line two.”
“Excuse me again,” the judge said to Yuki and Art. “I’ll be right back.”
He left the room and closed the door behind him.
Yuki walked over to the wall with the quotes from two presidents, a great actor, and a saint. There was also one from Vince Lombardi, the Green Bay Packers’ legendary coach: “We would accomplish many more things if we did not think of them as impossible.”
Yuki rejoined Art, who quipped, “Seems like the judge is in a pretty good mood. Am I right?”
“I’m feeling lucky,” she said.
The door opened and Judge Rathburn came in, with James Giftos right behind him. Giftos nodded at Yuki as he and the judge settled in, all the parties facing one another across a coffee table.
Rathburn said, “Everyone know each other? Good.”
He reached under the coffee table to the shelf beneath it, pulled out a sparkly stick about two feet long, and shook it a couple of times.
“This is my magic wand. I use it to solve those problems that can’t get fixed any other way. Don’t make me use it. All right?”
He dropped the wand onto the coffee table.
“All right, then,” said Judge Rathburn. “Let’s get to it.”
CHAPTER 34
THE ESTIMABLE JUDGE Kevin Rathburn and opposing counsel in the case against Briana Hill were sitting around the coffee table in the judge’s chambers, ready to discuss the critical issue.
Rathburn said, “James, you filed a motion to exclude the video of the alleged rape. Talk about that.”
Giftos said, “The prosecution claims that my client, Ms. Hill, raped Mr. Christopher. The alleged victim recorded this sex act. We contend that this so-called sexual abuse was a game designed by the so-called victim himself. Mr. Christopher’s pregame setup is not in the video, and therefore it does not accurately reflect what happened that night.”
“I see,” said Rathburn. “Ms. Castellano? You say what?”
“Judge, Mr. Christopher is a victim, no ‘so-called’ about it. Ms. Hill had aimed her gun at his head. He most definitely did not design a game to be raped. As shown in the recording, he protested throughout the sex act, which was clearly not consensual. And that’s why Mr. Giftos wants this evidence excluded.”
Rathburn leaned back in his recliner and stared at a place above the bookcases on the opposite wall. After a minute he righted his chair.
“I’m going to allow the video. James, you’re free to attack its accuracy during the trial.”
Yuki exhaled, but Giftos leaned forward and said, “Your Honor, I move for a change of venue.”
Yuki had been afraid of this, had worried about it. Change of venue meant that the case would leave San Francisco, and if Marc Christopher still wished to press charges, she would be reading about the trial like every other person in the world. She really wanted to try this case.
Rathburn said, “Really, James? And why would I grant that motion?”
“Because the press has been all over this, Your Honor.”
Giftos opened his briefcase, took out a folder, and put it down on the coffee table. Then the shark criminal defense attorney fanned out the papers.
