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“I’m sorry, was that a shirt and shorts?”
“Yeth.”
“I need to make sure this is clear for the record. Can you answer yes or no?”
Saoirse visibly swallowed while the judge frowned thunderously at the deputy county attorney.
“Yess,” Saoirse said.
“Thank you.” Mr. Federico flipped through more pages. “And did your shirt have long sleeves?”
“No,” Saoirse answered.
“Uh, right, okay. Did you have your arms hidden in any way during Chief Stanley’s questioning?”
“Objection, Your Honor,” Saoirse’s attorney said. “This goes beyond the scope of direct.”
“No, I’ll allow it. Miss Fay, please answer the question.”
“No,” Saoirse said.
Mr. Federico’s shoulders slumped. “Uh, nothing further, Your Honor.”
The judge nodded. “Miss Fay, you’re excused. Please return to your seat.”
Saoirse nodded and went back to sit beside Jared, who put his hand over Saoirse’s on the table between them.
“Counsel, I’m ready to rule on the writ. In the interests of time, Mr. Federico, I’ll hear you on the warrant now. Again, I’ve read it and have no interest in hearing you regurgitate it. If you have anything to add, please proceed.”
“Thank you, Your Honor. As per Chief Stanley’s statement, the white pills found in Miss Fay’s possession are still being tested—”
“Yes, counsel,” the judge interrupted. “I’ve read Chief Stanley’s statement. Do you have anything toadd?”
“Uh, no, nothing further, Your Honor.”
“Thank you. All rise.” The judge waited while everyone stood. “In the matter of Saoirse Fay versus Eric Michael Stanley and the Hamilton Police Department, I grant the Petitioner’s writ of habeas corpus and order her immediate release.”
The breath Sutter had been holding trapped deep in his chest since that very first phone call with Derek Masters rushed out. He sagged in relief.
The judge continued, “I find that there is no credible evidence of theft, abuse of controlled substances, trafficking of controlled substances, extortion, stalking, or graft. I further find that the Respondents have been negligent and failed in their duty of care to the Petitioner in denying liquids and access to medication. I find that Miss Fay has suffered and continues to suffer bodily harm while in custody of the Respondents. Finally, I find the witness statement of Eric Michael Stanley submitted in support of the Respondents wholly lacking in credibility. I find his motivations for questioning Miss Fay and remanding her into custody while the department undertook a spurious investigation at his direction highly suspect. I anticipate that this matter has already been referred to the police commission, but I will be doing sosua sponteas well.”
The judge wrote something on the papers in front of him and handed a stack of paper down to his clerk.
“Turning now to the application for an emergency warrant to search Miss Fay’s abode and vehicles. The application is denied. The constitution of our great state provides that individual privacy is essential to the well-being of free society and shall not be infringed without the showing of a compelling state interest. Miss Fay has an actual, subjective expectation of privacy in her residence and personal vehicles. The county attorney has argued that Miss Fay consented to being questioned while in a building adjacent to her abode and infers from this that she gave consent to search. I find this argument without merit. Miss Fay was summoned to her employer’s office where she was questioned. This was not in her residence, nor a place where she had an expectation of privacy. Consenting to questioning in an office is wholly different from consenting to search of a residence.
“The County Attorney further argues that because unidentified substances were found on Miss Fay during her questioning that this warrants an expanded search of the adjacent premises. I find this argument similarly without merit. I further find that the seizure of the unknown but suspected illicit substance while Miss Fay was unconscious in the wake of a tonic-clonic episode was wholly illegal and violated Miss Fay’s constitutional rights. Miss Fay consented to being questioned. She did not consent to be searched. Chief Stanley searched her while she was unconscious and unable to consent. He did not read the Miranda rights to her until after she regained consciousness. Any evidence arising from this search, including whatever the ongoing toxicology tests might show, is fruit from the poisoned tree and inadmissible.”
The judge tapped another sheaf of papers together and handed them to the clerk. “That’s enough to deny the application,” the judge said. “But just so the record is clear in case County Attorney Brice gets a burr under his saddle about an appeal, I find no compelling state interest that overcomes Miss Fay’s reasonable expectation of privacy in her abode and vehicles. This warrant is a bald-faced fishing expedition by the Hamilton Police Department looking for evidence to support their persecution of Miss Fay.” The judge lifted his gavel and banged it once. “Application for warrant is denied. Mr. Federico, you might want to give serious thought before you next come before this court with an application like this. I’ll remind you it is the role of the county attorney’s office to prosecute crime, not be a patsy for the police chief’s personal vendettas.”
Mr. Federico swallowed audibly. “Yes, Your Honor.”
“Court is dismissed,” the judge said, nodding once before standing and walking out through the door behind the bench.
Sutter leaped out of his chair and rushed to the wooden divider. “Saoirse?”
She turned from where her attorney was giving her a huge hug. She beamed at Sutter.
It was the most beautiful thing Sutter had ever seen.
