Page 49 of The Devil's Advocate

It may as well be a million, or ten. Andy didn’t have five dollars. Kate nodded at Harry, who took out his phone and began typing.

‘Your motion to suppress is denied. He will say the sheriff scared him, or lied to him or whatever else he can think of to retract his confession. I’m not interested. Make those arguments in front of a jury, Miss Brooks.’

Two motions down. One granted, but without hope of getting the money. Kate swallowed, straightened her back ; she was on much stronger ground with the change of venue motion and discovery. Particularly, the discovery motion, there was just no way she could lose that one.

‘I’ve read your motion on change of venue. Mr. Korn, what have you to say on this matter?’ asked Judge Chandler.

‘I think the motion is redundant, Your Honor. May I enter into evidence this video clip?’ he said, and gestured to his assistant DA. ‘Mr. Wingfield recorded the statement made today by Governor Patchett. Perhaps we could play it for the court?’

Wingfield produced a laptop, opened it, clicked and prodded at it until the screen displayed a still video, ready to play. Another assistant produced a high table, which sat in the well of the court so the judge and Kate could see. Wingfield hit play then took his seat again.

The video looked as though it was paused, midway through a press briefing outside some kind of factory.

‘And while I’m here today I just want to reassure the people of Buckstown, and all the good people of Sunville County, that your district attorney will not rest until there is justice for Skylar Edwards. She was a popular young woman in this town, a valedictorian and prom queen. She was taken from us while enjoying her first year of college. Andy Dubois will pay for his crimes. I know there are a lot of concerned citizens out there, justifiably horrified and angry at the viciousness of this heinous murder. All I can say is, one way or another, justice will be served …’

Kate couldn’t quite believe what she had heard. The governor just said Andy Dubois was guilty, on live TV. And she knew every paper, local news and radio station would carry that soundbite for at least a day or two. The entire jury pool had just been poisoned. She glanced at Korn, saw that strange attempt at a smile on his face.

She guessed he may have had a hand in the governor making that statement. It was smart, ruthless and in this court, he could get away with it.

‘Miss Brooks, I don’t condone the governor’s statement, but I’m sure a direction from me to a jury to ignore any press statements will suffice. It looks as though any argument you have that the jury pool in Buckstown is compromised now applies to the entire state. We’re not moving this case to New York, young lady. The motion to change venue is denied,’ said the judge.

‘Your Honor, I wonder at the timing of that press conference. It appears to be most convenient to the district attorney. I would ask the court to issue a censure on the governor and the district attorney and move this trial from the victim’s hometown, at least?’

‘Denied. Now, your motion for discovery is a different matter.’

Kate felt the tingling sensation in her stomach.

There was sound evidence for this motion. One that the DA couldn’t brush off, even if Judge Chandler was in his pocket. Whatever was on that security footage could prove Andy innocent, and if the judge could be persuaded the DA withheld this evidence, the judge would have no choice but to throw out the entire case against Andy. This was a big moment. Kate felt that pressure and welcomed it. She’d trained for moments like this.

‘This motion can be dealt with quickly,’ said Judge Chandler, turning his attention to Korn.

‘Mr. Korn, does your office, or the Sheriff’s Department, hold any security camera footage for the night of fourteenth and fifteenth of May, in this case?’

Korn, stood, looked at Kate as he said, ‘No, Your Honor.’

‘Well, then, Miss Brooks, there is your answer. Your motion is—’

‘Wait, Your Honor,’ said Kate, loudly, asserting some authority. ‘I have a sworn affidavit from a Mr. Damien Green, a store clerk at the gas station, who states that the Sheriff’s Department obtained security footage from that night and removed it from the premises on a pen drive. He further alleges that they went on to delete the footage from this server once they had copied it. We believe the district attorney has exculpatory evidence that he is withholding from the defense. We want that evidence, or, in the alternative, this court to dismiss the charges against our client and sanction the prosecution. Mr. Damien Green is an independent witness and his affidavit carries significant weight in any court.’

Korn looked around the room. Sitting in the back of the gallery he caught sight of Patricia Dubois, Andy’s mother. Kate had spoken to her only briefly, telling her she would do her best but not to get her hopes up about Andy coming home. Korn hollered for a deputy, causing Patricia to jump in her seat.

The doors at the rear of the courtroom opened and Sheriff Lomax came in. Kate imagined he might be listening to the proceedings outside. Awaiting the call from Korn, like a Rottweiler poised to attack on command. Behind Lomax was a deputy and a prisoner. A young man in a ripped tee-shirt. His right eye was bright purple and almost swollen shut. He was handcuffed to the front. The deputy pulled him along by the cuffs, then gestured for him to take a seat in the gallery.

‘Your Honor, this is your next case. It might be useful to illustrate it briefly. This is Mr. Damien Green, the same man Miss Brooks refers to as having provided an affidavit regarding video evidence. Mr. Green is charged with possession and supply of illegal drugs – methamphetamine, Your Honor. I understand he will be pleading guilty to those offenses.’

Kate had seen some dirty moves pulled by her opposition. Nothing like this. They must’ve busted Green straight away – soon as they saw his name on the affidavit. Korn had torpedoed her motion. It was hard to tell from here, but Green had good skin, he was well fed, clean, apart from the ripped tee-shirt, and he had worked in the gas station for the last three years. He wasn’t making a fortune as a clerk in a Circle K, and most drug dealers and users don’t hold down employment too well. He appeared to Kate, from her little dealings with him, like a straight-up working Joe, nine-to-nine shifts, pulling his weight and making an honest buck. He was also timid. The sheriff must’ve hit him hard to do that to his eye. If she had to guess, she would say the drugs might have gotten into Green’s possession from the trunk of the sheriff’s car.

‘Hardly a credible witness now, Miss Brooks?’ said the judge.

‘Your Honor, may I have a short continuance to speak to Mr. Green?’

‘No ! I don’t want to talk to her. She made stuff up and that man behind her told me I had to sign it,’ yelled Green, from the benches. He was looking at Harry.

‘I’ll ignore that last statement. But it looks like he doesn’t want to talk to you, Miss Brooks,’ said Judge Chandler.

All of Kate’s nerves had gone. The pressure too. The only thing keeping her on her feet was the fist she held behind her back. Tight as a ball, her fingernails buried in her skin. Korn gazed over at her, a smug grin on those worm-thin lips.

‘Things change pretty fast around here,’ said Kate.