The Perfect Alibi (Robin Lockwood #2)(20)

Rita pulled a pen out of her pocket and wrote down the number. She felt a little foolish, but she wouldn’t put anything past Norcross. She decided to drive Leonard to his appointment and call the police while he was being examined.





PART TWO



THE HENDERSON CASE





CHAPTER TWELVE


The door to the coffee shop opened, and Robin looked up from the case she’d been reading. Jeff Hodges paused in the doorway. When Robin saw Jeff, she waved.

Jeff limped over to her table and uncapped the latte she’d ordered for him. “How’s it going?” he asked.

“Great. I found a case from Florida that’s on point concerning that jury instruction Kellerman wants.”

“Kellerman is grasping at straws,” Jeff said as he sat down.

“Remember what Regina says,” Robin warned. “No case is over until it’s over.”

Jeff smiled. “Speaking of Regina, we got a postcard from Justice Cloud. They’re in Venice, and he says Regina is having the time of her life.”

“I’m so glad,” Robin said, but she didn’t look happy.

“Hey, cheer up. It’s a beautiful thing they’re doing.”

“I know. It’s just so sad.”

“And out of anyone’s control.”

“I guess,” Robin sighed.

“Think about how happy Regina must be and how happy you’re going to be when you kick Kellerman’s ass.”

Robin smiled. “There is that. And no one deserves it more.”

“Are you referring to your mentor or Mr. Unethical?”

“Both, I guess.”

“I’ll drink to that,” Jeff said as he took a sip of the latte. “Now, let’s head to court.”



* * *



Rex Kellerman’s case was a mess. The testimony of the police officers and lab techs who’d responded to the crime scene had not made a dent in Everett Henderson’s claim of self-defense. Under cross-examination, the three men who’d been drinking with Greg Schaefer admitted that they and the dead off-duty policeman were heavily intoxicated. They also admitted that they never saw how the fight started and came around the bar only when Henderson and Schaefer were squaring off.

Robin had called her client to the stand—a risky move given Henderson’s lengthy criminal record. But the defendant had been great. Henderson’s girlfriend and drinking companions all swore that Henderson had been attacked from behind by the dead man. The bottle Schaefer used in the fight had been taken into evidence, and Robin was able to show it to the jury. The jagged edges were intimidating, and Henderson had shown the jurors the stitches in his skull. Some of them had grimaced when they saw photographs of the gaping, bleeding head wound before the gash had been stitched up.

On Wednesday afternoon, the defense rested its case, and the judge asked the prosecutor if he had any rebuttal witnesses. Kellerman had looked the judge in the eye and swore that he did not.

When Robin walked into Judge Harold Wright’s courtroom on Thursday morning, the bailiff told her that she was wanted in chambers. Jeff and Robin found the judge in shirtsleeves. He did not look happy.

Kellerman was leaning back in a chair. When he saw Robin, he turned his head so the judge couldn’t see him and smirked.

“Have a seat,” the judge said.

“What’s up?” Robin asked.

“We have a situation,” Judge Wright replied. “Mr. Kellerman wants to put on a rebuttal witness.”

“What witness?” Robin asked. “He’s rested.”

“A witness my investigator located last night,” Kellerman said.

“What’s he going to say?” Robin asked.

“Willis Goins will testify that he was in jail with the defendant. During a recreation period, Mr. Henderson confided that he had made up his claim of self-defense and had bribed his buddies to back him up.”

“I assume Mr. Goins is a solid citizen who is testifying out of the goodness of his heart,” Robin said, barely able to keep her anger in check.

“I haven’t made him any promises,” Kellerman said.

“Just out of curiosity, what’s this paragon of virtue charged with?”

“Burglary and possession of heroin.”

“I see. Can I assume that no one else heard this conversation?”

“It was just the two of them.”

Robin turned to the judge. “The legal term for this is ‘bullshit.’ The Oregon discovery rules were passed to prevent this kind of trial by ambush. They’re very clear. Mr. Goins wasn’t on Mr. Kellerman’s witness list, he’s rested, and I move for an order barring Goins from testifying.”

Kellerman spread his hands and tried to look angelic. “I would have notified counsel, but I didn’t learn about the witness until after court recessed, and I didn’t finish debriefing him until after ten last night.”

“I gotta tell you, Rex, I’m leaning toward granting Robin’s motion. This is awfully late in the game to spring this on the defense.”

Kellerman handed a copy of a case to Robin and the judge. “I’m within my rights to put on a witness if I had no knowledge of the witness when the defense rested. Rocky Stiller, my investigator, got a call from the jail at five thirty Wednesday night and went right over to interview Goins. I’d never heard of him until Rocky called me at home late last night.”