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“I’m just trying to be a good lawyer for my client, Black or white.”
“And you think I’m not?”
“I didn’t say that.”
DuBose leaned in closer, her expression a diamond-hard wall of determination. “I have been working my entire adult life to bring basic fairness and equality to my race, things you have never lived without for even one minute of your life. And I will do whatever I have to do, including taking on the Edmund Battles and Howard Picketts of this world, to make that happen, because, frankly, failure is not a damn option. Are we clear on that, Mr. Co-counsel?”
“Crystal clear,” replied Jack.
CHAPTER 32
ON MONDAY THE BAILIFF ORDERED them to rise once more. The excitement in the packed courtroom was palpable; it had a carnival-like feel, as though they were all waiting for the bearded lady or a knife thrown within an inch of a frightened face.
Judge Bliley took his seat behind the bench and nodded at Battle.
Battle stood and said, “Your Honor, there is no reason on earth why this case couldn’t be tried tomorrow, but to be fair we are giving the defense an additional full week in which to prepare. There is almost nothing in dispute and the facts are clear.”
When Bliley looked at the defense table Jack rose and said, “We haven’t even started our investigation, Judge. We also haven’t gotten the autopsy report from the medical examiner. And we just found out that the death penalty was reinstated. So we don’t even know if this is a capital murder case or not.”
“Then let me allay any concerns you might have on multiple fronts,” announced Battle. He nodded at his associates, who carried two large boxes over to Jack and DuBose’s table and set them there.
Battle said, “In those boxes are all the exculpatory evidence required under Brady, Your Honor, little though there is. In addition, there is the commonwealth’s complete theory of the case, its list of witnesses, the autopsy reports, and the facts and physical elements that we intend to introduce into evidence. We are not required to give the defense any of that, except for the Brady material, but are doing so voluntarily in the interests of justice and fair play. And we have duly amended our filed charges and are hereby asking that, if convicted, Mr. Washington be put to death. In addition, we have conducted a search of Mr. Washington’s home and the results of that search are in with what we have just provided defense counsel.”
DuBose said, “You searched our client’s home without notifying us?”
“Just like you, Miss DuBose, we have the right and duty to conduct a thorough investigation of this matter and we have done so. And Mr. Lee is being more than a little disingenuous about having had no opportunity to undertake an investigation, since I personally allowed him to go through the entire crime scene and he took pictures and asked questions and we were thoroughly accommodating to him.”
Bliley looked over at Jack. “Is that true?”
“I use an investigator to really dig into the case, since I’m no trained fact-finder. We’re meeting with him shortly. And I don’t know why the commonwealth feels like we need to rush this case.”
Battle was clearly ready for this. “The Sixth Amendment to the U.S. Constitution and Section Eight of the Virginia Constitution require a speedy trial for the defendant. But unless the defense can point to any prejudice to their client I fail to see what leg they have to stand on. And we have presented our entire case to them. Indeed, I believe that once they review it, the next thing I’ll hear from them is not about a trial, but a plea deal.” He paused, gave Jack and DuBose a meaningful look, and added, “And the commonwealth is also amending its pleadings to include a murder charge against a second individual.”
“And who is that?” demanded a stunned Jack.
“Mrs. Pearl Washington. I can assure you that our amended filing will make for interesting reading.”
Bliley said, “I will take all this under advisement and apprise you of my decision by tomorrow.” He looked ominously at Jack and DuBose. “But I would advise the defense to waste no time in preparing its case.”
He smacked his gavel and returned to his chambers.
Jack marched right over to Battle. “That is some cheap stunt to charge our client’s wife and wait until we’re in front of the judge to tell us.”
Battle shrugged. “The ink is hardly dry on our filing.”
“And where is Mrs. Washington?” asked DuBose, joining them.
“She was arrested this morning. And the indictment was handed down before her arrest, so you are not entitled to a preliminary hearing. She will be arraigned tomorrow, which will give you a chance to formally enter your appearance as her counsel, although, with what we have found out, she may want a separate lawyer. We will oppose any talk of bail. She’s currently in the women’s jail, which, I’m sure you know, is right next to the men’s. Maybe she and her murderous husband can holler out the windows at each other.”
“Are you claiming that she helped kill the Randolphs?”
“Yes, and we are seeking the death penalty against her as well, since she helped plan the killings and assisted in their execution.”
“How can you imagine that Pearl Washington is involved?” exclaimed DuBose.
“I think your client, and his missus, might have some explaining to do. And piece of advice, next time, before taking on a case, do a little due diligence first.”
With that stinging shot, Battle and his team left.
