My Sister's Grave (Tracy Crosswhite, #1)(53)

Tracy guessed Meyers to be six four and ruggedly handsome, with the robust, weathered skin of someone who kept in shape mending fences, making barn repairs, and lugging hay bales. With silver hair and crystal-blue eyes, Tracy thought he looked a bit like Paul Newman.

“I accepted this assignment on one condition,” Meyers said. He wore slippers, and when he crossed his legs, his blue jeans inched up to reveal argyle socks. “My wife loves the sun and she loves to ride. So I tow a two-horse trailer all over the western states in search of both. She plans to be on a trail ride in Phoenix at the end of the month, gentlemen. And let me tell you, my wife does not like to be disappointed, and I really don’t like to disappoint her. In other words, I may be semi-retired, but that does not mean I have time to waste. I intend to move this matter forward expeditiously.”

“The defense is prepared to do just that, Your Honor,” Dan said.

Clark looked troubled. “Your Honor, I have several other matters on my calendar, including an upcoming trial—”

Meyers cut him off quickly. “While I am sympathetic to your schedule, Mr. Clark, the statute requires the prosecuting attorney to obtain a prompt evidentiary hearing. I’d suggest you clear your calendar and give this matter top priority. As for your scheduled trial, I have already spoken to Judge Wilber and he has agreed to kick it over a month.”

Clark sighed. “Thank you, Your Honor.”

“Will the defense seek to conduct any pre-trial discovery?” Meyers asked.

Tracy’s file had more information than Dan ever could have gathered on his own, including the trial transcripts and Kelly Rosa’s forensic report. He’d told her that further depositions would only serve to delay the proceedings and give subpoenaed witnesses the chance to become conveniently unavailable, or think through their prior testimony and come up with something new. He also did not want to further educate Clark on how he intended to attack the State’s witnesses’ previous trial testimony.

“The defense is prepared to move forward,” he said.

“The prosecution would like to conduct depositions,” Clark said. “We are compiling a list.”

“Your Honor,” Dan said, “the prosecution cannot put on new evidence in this hearing and the defense intends to call just the State’s witnesses from Mr. House’s initial trial. The only new witnesses will be the medical examiner, to testify concerning the forensics from the grave, and a DNA expert. I see no reason why the prosecutor cannot speak to their witnesses on their own time. We’re also happy to make our expert available after hours.”

“Mr. Clark?”

Vance Clark sat up. “We will endeavor to speak to the witnesses,” he said.

“Any pre-hearing motions?” Meyers asked.

“The prosecution moves to exclude Detective Crosswhite from the courtroom,” Clark said.

Tracy glanced at Dan. “On what grounds?” Dan asked.

“Detective Crosswhite will be a witness for the defense,” Clark said to Meyers. “As such, she should not be allowed in the courtroom until such time as she has testified, just as any other witness.”

“Detective Crosswhite is not a witness for the defense,” Dan said. “She is the decedent’s sister. We expect her testimony will be factual and pertain to the events of the day her sister disappeared. The State can talk to her whenever they want. Moreover, Detective Crosswhite is not like any other witness. I would have assumed the State would want Detective Crosswhite—”

Meyers cut him off. “Mr. O’Leary, you will try your case and allow the State to make its own decisions.” He waved off a response by Clark. “I’m going to deny the motion, Mr. Clark. Detective Crosswhite has a right to be present as a member of the deceased’s family, and I fail to see how it will prejudice the State’s prosecution of this matter. Now, one other subject: We all know the significant media attention that has been given to this matter. I will not allow this to become a spectacle or a zoo. The reporters have a right to be present, and I have agreed to a single camera feed. While I am not going to impose a gag order on either of you or your witnesses, I am going to appeal to your oath as officers of this court that you will adjudicate this matter before me, not the media. Am I making myself clear?”

Clark and Dan verbally acknowledged Meyers’s admonition. Meyers seemed pleased. He clasped his hands as if to lead them in solemn prayer. “Well, then, since we are all present and accounted for, and I’ve been given that behemoth of a courtroom out there at the taxpayers’ expense, I’m going to suggest we begin bright and early Monday morning. Do I hear any objections?”

Having been forewarned of the potential wrath of a woman forced to forego her horseback ride, neither Dan nor Clark voiced any.





[page]CHAPTER 38





DeAngelo Finn knelt in the soil with his back to the sidewalk, unaware that he was being watched. The cloud layer had lifted, and the respite from the persistent rain had provided an opportunity for Finn to put his vegetable garden to bed for the winter. Tracy watched him as she finished talking to Kins, who’d called to tell her that Nolasco had officially transferred the Nicole Hansen case to the Cold File Division.

“He pulled it from us?” Tracy asked.

“It’s a power play. He doesn’t want it on the section’s books. He said we can’t devote the manpower to a file going nowhere. Between you being gone and my workload, there just aren’t enough bodies to go around.”