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“Thank you, Judge. Shaky Nichols was a good,goodman.”
Jack was silent, but for an instant, the back of his mind rattled with his own client’s cries of “Pick-me girl!”
“Let’s not overstate things,” said the prosecutor.
“Mr. Owens, please,” said the judge. “Innocent until proven guilty. Does that ring a bell?”
“I believe we proved his guilt beyond a reasonable doubt,” said Owens. “We simply didn’t get the opportunity to hear the jury’s verdict.”
“That’s exactly what I want to discuss,” the judge said. “I have not yet discharged the jurors. Let’s say I call them back to the courthouse tomorrow. Does the state have additional evidence to present as to Imani Nichols? Or is it prepared to rest its case?”
“As I stated,” said Owens, “we believe we have proven our case. In deference to the FBI investigation, we do not intend to call Dr. Stone as a witness. That state rests its case.”
“Mr. Swyteck, let me put the question to you,” said the judge. “If thejury comes back tomorrow, and the state rests its case, does your client intend to put on a defense?”
“Possibly,” said Jack.
“Spoken like a true criminal defense lawyer,” said Owens.
The judge grimaced. “I don’t share Mr. Owens’s sarcasm, but I do share his frustration. That’s not a very helpful answer.”
“My apologies,” said Jack. “But this line of inquiry strikes me as entirely academic. It has been my position all along that my client was prejudiced by having to stand trial jointly with Shaky Nichols. It would certainly be prejudicial to force her to continue before a jury who is undoubtedly, and as we speak, watching one newscaster after another speculate as to the reasons for Shaky Nichols’s murder.”
“I understand your point,” the judge said. “And it may well be that I have no choice but to declare a mistrial.”
“There is one other option,” said Jack.
“What would that be?” the judge asked.
“The state has rested its case. This court has the authority to end the trial right now and enter a judgment of acquittal.”
The prosecutor groaned. “A judgment of acquittal is appropriate only if the court finds that the evidence is insufficient to warrant a conviction. Clearly this is a case that should go to the jury.”
“Maybe it was as to Shaky Nichols,” said Jack. “But not as to my client.”
“Are you making a motion for a judgment of acquittal?” the judge asked.
Jack hadn’t come to the courthouse on twenty minutes’ notice with that intention. But sometimes a lawyer just had to go with the flow.
“Yes, I am, Your Honor. Count one charges second-degree murder. There is absolutely no evidence that Imani Nichols caused the death of Tyler McCormick. Count two charges mutilation of a corpse. The only evidence is the hearsay testimony of a convicted felon who claims that Shaky told him it was ‘Imani’s idea’ to write the message ‘goodbye girl’ on the corpse.”
“Judge, that’s a gross distortion,” said the prosecutor.
“But Mr. Swyteck has a point,” said the judge. “If I declare a mistrial, we have to start all over again with the trial of Imani Nichols. But if Ienter a judgment of acquittal, double jeopardy attaches. The case against her is over. Forever.”
“And that’s the correct result,” said Jack.
“That would be a terrible result,” said the prosecutor.
“I’m not surprised the lawyers disagree,” said the judge. “I’m going to take this matter under advisement, but not for very long. I’m not forecasting anything. We may resume trial tomorrow. I may declare a mistrial. Or the case against Ms. Nichols may be over. I will call the lawyers with my decision tonight. Understood?”
“Yes, Your Honor,” the lawyers replied.
The judge again conveyed his condolences. The lawyers gathered their items and exited to the hallway. The prosecutor made a beeline to the elevator. Shaky’s lawyer mumbled something about hoping to get her bills paid by Shaky’s estate. Jack’s phone vibrated with an incoming text message. He read it on the glance.
it’styler’scousin. u can call me on this number.
Jack froze. It was the same number Tyler’s mother had given Jack in Nassau, when she’d told him that the cousin had worked alongside Tyler at Imani’s private event in the Bahamas. Jack had tried it at least a dozen times with no response. Jack didn’t want to miss this opportunity to fill in some important gaps in his client’s memory of her trip to the Bahamas with Shaky.
