to do it.â
âI thought Whitman was a special case. If we start hiring jury consultants for every trial, itâs going to become a budget issue.â
âIâm not saying every case. But definitely the big ones. Look at it this way: What we spend on experts, we could save on hung juries and retrials.â
âI donât know.â Sam sighed. âMaybe Iâm just getting too old for this job.â
I squeezed his arm. âCome on, now. Donât you quit on me!â
*Â Â Â *Â Â Â *
I suppose I could have warned Stirling McCandless about what I was planning to do before he got up on his hind legs and made that big tear-jerking pitch to Judge OâConnor. But one of the first things Sam Grayson had taught me was never to interrupt my opponent when he was making a mistake. And ⦠I wanted to hear McCandless say it. I wanted to hear him repeat the lies his client, Barbara Hauserâformer jewelry chain owner and now convicted felon on her own pleaâhad told him.
So when we entered the courtroom earlier, Iâd just nodded to McCandless and taken my seat.
ââand so, Your Honor,â he was saying as he wrapped up a thirty-minute waterspout of distortions, âthe regrettable facts are clear: My client is deeply remorseful for the financial loss she has caused to each and every one of her former employees. Although she would dearly wish to make good on those very substantial losses, her grave physical condition makes it virtually impossible for her to pay restitution in the near term, and as the medical reports we have filed with the Court show, she is in no position to serve a custodial sentence of any length, or at all.â He took a long overdue breath and then resumed his bleat. âThe traffic accident was not her fault and, coming on the heels of her arrest and public humiliation, can only be viewed todayâin these proceedingsâas a substantial mitigating factor.â
Stirling laid a theatrically comforting hand on his clientâs shoulder.
âJudge, in these highly regrettable circumstances, a suspended sentence, with a lengthy probationary period, is really the Courtâs only viable option.â
Stirlingâs client sat slumped in her wheelchair, dabbing at her eyes with a tissue. She looked utterly pathetic. From the moment her daughter rolled her into the courtroom, her posture of defeat and hollow-eyed despair had been on constant display for all to see.
The judge gazed down at the defendant. Plainly, he was affected by what he had heard. The defense had drawn the best judge in the circuit for their case. Evan OâConnor was every inch a gentleman jurist: quietly spoken, even tempered, and scrupulously fair. He was also inclined to err on the low side when it came to sentencing in cases of nonviolent crime. Stirling McCandless knew that, and so did I.
But I knew something else about Judge OâConnor.
He could not tolerate a liar.
The judgeâs blue eyes turned to me. âDoes the State have a reply?â
âYes, Your Honor. In fact, we have a witness to call.â
McCandless leapt to his feet. âWe object, Your Honor! Weâve had no notice of any witnesses to be called at this hearing!â
âThat is correct, Your Honor. I will explain.â
âWho is this witness?â OâConnor asked.
âYour Honor is familiar with Mr. Edward Carlyle, from our office.â I gestured toward the tall, heavyset man who was sitting behind me. One of the first African-Americans to head up an ATF Field Division, Eddie had joined our office after his retirement from the Bureau. He worked just as tirelessly for us as he had for the feds.
âWhy should I agree to hear evidence from the State Attorneyâs Chief Investigator at this stage of the proceedings?â
Eddie reached into an inner pocket of his jacket, removed two DVDs, and passed them to me. I checked the labels, selected