"This is my first fitness hearing, but I'm very familiar with the requirements," Judge Palatini said. "I have presided over many a young man downtown who had lost in their 707 hearing here in juvenile court. For most, the order seemed to be appropriate. Occasionally, I couldn't understand the basis for the order. That said, I expect to hear good arguments and solid evidence from both sides."
DDA Marge Benson had initiated the fitness hearing. She alleged that the minor was at least fourteen years old and was charged with murder, an offense covered by Section 707 (b) of the Welfare and Institutions Code.
"Although Tray Copley is only fourteen years old, he is charged with the heinous crime of murder," Benson began. “The evidence will show that Copley would not be amenable to the care, treatment, and training available through the juvenile facilities based on the following criteria: "Number one is the degree of criminal sophistication exhibited by Copley. He planned a very sophisticated crime. He led his victim to him, and then killed and buried him. And before leaving him in a shallow grave, he desecrated his body.
"Second, Tray Copley would not have the time to be rehabilitated before the expiration of the juvenile jurisdiction if he were tried as a minor. We will present evidence through expert testimony to those criteria.
"Third, it is true that Copley has no previous delinquent history that we have been able to determine. However, the crime was premeditated and committed with no remorse.
"The fourth criterion is to show that previous attempts by the court to rehabilitate Copley have been unsuccessful. However, since there have been no previous crimes for which he was convicted, there have been no attempts to rehabilitate.
“Which leads us to the fifth criterion, the circumstances and gravity of the alleged offense. It doesn't get graver than murder. And in order for this crime to have been executed, it would have taken very careful planning."
"Thank you, Ms. Benson," Judge Palatini said before she could continue, "for that lesson on the requirements for a fitness hearing. However, I'm well aware what needs to be proven here today. Please call your first witness."
Chris caught Sabre's eye, and she saw his lip turn up just a little. The defense bar wasn't fond of Ms. Benson, so even the slightest slam by the judge was entertaining.
"Of course, Your Honor," Ms. Benson said. "I would like to call Marcia Woolard."
A woman about fifty-five years old with short, blonde hair and oval glasses took the stand and the clerk swore her in.
"What is your profession, Ms. Woolard?" Benson asked.
"I'm a San Diego County probation officer and I work with juveniles. Tray Copley is one of the minors on my caseload."
"Where did you receive your training?"
"We'll stipulate as to Ms. Woolard's training, Your Honor," Chris said.
"Ms. Benson?" the judge said. When she hesitated as if she were not going to agree, he continued, "There's no jury here, Ms. Benson. And I'm aware of Ms. Woolard's credentials."
"So stipulated," Ms. Benson said, and turned to her witness. "And you investigated this case?"
"Yes."
"And did you write a report after you completed your investigation?"
"Geez, this could take all month," Sabre whispered to Chris.
Chris spoke up. "We'll stipulate that she wrote the report. We do not object to it being submitted as the probationary report for the alleged crime, as long as it’s not submitted for the truth of the matter asserted."
"Thank you," Judge Palatini said with a sigh.
"I'd like to play poker with this guy," Sabre said to Chris. "He doesn't mind showing his cards."
"The report is admitted into evidence as Exhibit #1. Please continue, Ms. Benson."
Ms. Benson's questions to Woolard established that Woolard had been an adult probation officer for five years before moving to juvenile for the past twenty-two years. She had investigated over a thousand cases and written as many reports. Homicide had become her specialty, and the number of homicide cases she had had over the years was somewhere between forty and fifty.
"How much planning would it take to commit this murder?"
"Objection," Sabre said. "Speculation. There is no way to know if the crime was planned or if it happened on the spur of the moment."
"Overruled," Judge Palatini said.
"Nice try, but I've heard he doesn't sustain many objections," Chris whispered.
"Ms. Woolard," Benson said, "please answer the question."
"In my opinion, Tray would’ve had to lure Irving to the spot where he was killed. He would’ve had to bring the weapon with him, and he would’ve had to come equipped with a shovel to bury him—all of which required careful planning."
When Woolard mentioned Irving's name, Tray winced. Sabre looked up at the judge and saw that he was watching Tray's reaction.
Ms. Benson questioned Woolard for nearly an hour, attempting to establish that a crime had been committed, and that it would have taken a great deal of planning. The questioning was an attempt to meet the first criteria that proves unfitness for juvenile court.
On cross-examination, Chris asked, "Tray has no criminal record, correct?"
"He has no convictions that I'm aware of," Woolard said.
"And you've done a thorough investigation, correct?"
"Yes, of course."
"And he has no arrests, correct?"
"Correct."
"Are you aware of any other crimes that Tray has either planned or committed?"
"No."
"In fact, he has never so much as received a referral for misconduct in school, correct?"
"That's correct. However, he has missed a lot of classes."
"And do you know the reasons for those absences?" Chris asked.
"I can't be certain."
"You are aware of Tray's mother's drug addiction, right?"
"Yes, I am."
"Is it unusual for children of drug-addicted parents to miss a lot of school?"
"It happens."
"The majority of Tray's absences have been during first period, correct?"
"That's correct."
"Were you aware that Tray often had to take his younger sister, Shanisha, to preschool?"
"I heard that." Ms. Woolard squirmed in her seat.
"And even in spite of his frequent absences, Tray has continued to maintain good grades?"
"There's no question that he's smart and sophisticated. That's my point."
Chris's face turned red. "What, besides this alleged crime, has Tray done that demonstrates his sophistication?"
"He acts more like a parent to his younger sister than his mother does. By his own admission, he takes care of the household when she isn't capable. As you said, he takes her to preschool."
"That is normal for children with addictive parents, correct?"
"I've seen it before, but I'm not an expert."
"Do you have any other examples of Tray's sophistication?"
Silence ensued as if she were trying to think of some.
"Do you understand the question, Ms. Woolard?"
"Yes, I do."
"And do you have any other examples?"
"This murder took a great deal of sophistication."
"You stated that Tray 'would have had to lure' the victim to the spot where he was killed. Is that correct?"
“Yes, that’s correct.”
"You do not have any evidence to suggest he was lured there, do you?"
"He had to….”
Chris interrupted her. "Please answer yes or no."
Ms. Woolard shifted in her seat and looked at Benson. Then she said, "No."
"Do you know how much time passed between Irving's death and when he was buried?"
"No."
"So whoever did this may have gone to Home Depot and bought a shovel after he was dead and then dug a hole and buried him?"
"I suppose."
"So, other than a few missed classes, his love and care for his younger sister, the only other
evidence of sophistication is the crime itself, correct?"
"I guess so."
"So if he didn't commit the crime, you really have no evidence of his maturity or sophistication?"
"Objection," Ms. Benson bellowed.
"I withdraw the question."
Ms. Benson's next witness was Detective Jack Plummer, one of the investigators on Tray’s case. The detective continued with another hour of testimony explaining what kind of planning it would have taken to commit this crime, implying that Tray Copley was indeed sophisticated.
On cross-examination, Chris asked, "You never actually questioned Tray Copley about this crime, did you?"
"I tried, but he wouldn't talk to me."
"So he said nothing to you at all?"
"He said…."
"Please just answer the question yes or no."
"Yes, he did say something to me."
"Didn't he say that Ms. Brown was his attorney and that you should probably talk to her?"
"Yes, that's what he said."
"And from that you decided he was too sophisticated for juvenile court?"
"Partly. Most kids don't ask for an attorney right away unless they've already had experience with the law."
"But you're aware that Tray does not have a criminal record, correct?"
"Yes."
"And that he has an attorney because of his parents’ actions, not his, correct?"
"Yes, but…."
"No further questions," Chris said.
"I have no further questions, Your Honor, but I reserve the right to recall this witness at a later time."
"We will adjourn for today," Judge Palatini said. "I'll see you all back here tomorrow morning."
After they left the courtroom, Sabre turned to her colleague and said, "You've done these before, Chris. How do you think it's going so far?"
"I'm not sure. Palatini is different. It's fun watching him put Benson down, but I think he would do the same to me if he got the chance."
"She does give him plenty of ammunition." Sabre noted the strain on Chris's face. "You're worried, aren't you?"
"I think we've made some good points so far, but I still wish we had Judge Charlie Bozo."
Chapter 27
Chris's first witness was June Longe, Tray's foster mother.
"Please state your name and spell your last name for the record," the clerk instructed.
"June Longe. L-O-N-G-E."
"Please raise your right hand." June did so. "Do you solemnly state, under penalty of perjury, that the testimony you may give in the case now pending before this court shall be the truth, the whole truth, and nothing but the truth?"
"I do," June said.
"How do you know Tray Copley?"
"He's our foster child. He came to live with us about six months ago. He's been a wonderful child. His sister, Shanisha, came a couple of months ago as well."
"Can you tell us a little about Tray's behavior at home? What kinds of things does he like to do?"
"He likes video games, such as Mario and Angry Birds, jigsaw puzzles, and he reads age-appropriate books."
"Does he ever play video games with violence?"
"No, not that we would allow them, but he doesn't like them anyway."
"How do you know that?"
"Because he has friends who play them, but he does not."
"You said he likes jigsaw puzzles?"
"Yes, he always has one set up on a table in his room that he works on. He likes family board games as well. His mother used to play Monopoly with him when he was living at home."
June Longe made an excellent witness. On cross-examination by Benson, she held her own. When Benson asked, "Ms. Longe, you have nothing but good things to say about this young man. Could it be that you are overly attached to him?"
"I don't know what that means. How could I be too attached to a child under my care? If you mean, do I love him? Yes, I do. I love him very much because he is a sweet, kind child who can't even kill a bug. If he finds a bug in the house, he picks it up and takes it outside."
Sabre and Chris both grinned at her response. "Way to go, June," Sabre muttered to Chris.
Benson continued to cross-examine the foster mother, but no matter what she asked, it made the child look either innocent or very lovable, neither of which helped the prosecutor’s case.
Chris's next witness was Dr. Charles Settle, the psychologist who tested Tray and was there to offer his opinion regarding Tray's level of sophistication and whether or not he could be rehabilitated in a short period of time, if he in fact committed this crime.
"Do you have any more witnesses, Mr. Firmstone?" the judge asked.
"Just one, Your Honor, but he just returned from a trip to Africa. We're meeting with him later today. I’d like to continue this until tomorrow morning, so Dr. John W. Bell, Tray's therapist, can testify."
"Very well. You are all ordered back tomorrow morning at 8:30." The judge looked at Benson. "Do you have any rebuttal witnesses?"
"Just one, Your Honor: Dr. James Foley."
"Good. We should be able to wrap this up tomorrow morning."
Sabre turned to Tray. "I'll see you tomorrow morning. You doing okay?"
"Yeah, I'm okay," Tray said, but he had a distant look in his eyes. Sabre watched as the bailiff escorted him out the back door.
Once Sabre and Chris were out of the courtroom, Sabre asked, "So how do you think it's going?"
"It's hard to say. I think we've more than made our case, and if Trapnell were on the bench, I'd sleep better tonight, but I just don't know this guy. I never bet on a sure thing. Did you touch base with Tray’s therapist?"
"Yes, Dr. Bell will be at my office at 5:00 to go over his testimony," Sabre said. “Can you make it?”
“I’ll be there. I can’t believe he went to Africa again. He’s quite an interesting guy.”
“Yeah, he went to help the albinos again. He told me he had a twin brother with albinism.”
“Had, as in the past tense?”
“Yes, he passed away when they were teenagers. He didn’t explain what happened and so I didn’t push it.”
“Have you talked to the doc about the case since he came back from Africa?”
“Not really, but I met with him just before he left. He was having sessions with Tray once a week before then, but Tray was still claiming he had no contact with Irving after he went into foster care. Dr. Bell has always only had good things to say about Tray. He firmly believes this child should not be tried in adult court. He’s really vested in him and has assured us that he will do whatever he can to see that Tray gets a fair deal. That’s about all I know."
"See you this afternoon."
Sabre walked down the hallway to Department One to see if Bob was still there. She opened the door slightly and peeked into the courtroom. She took a seat outside and waited until the hearing was completed. It was nearing lunch so the courthouse had far fewer people in it than earlier. Only about ten people remained waiting for their cases to be heard.
Sabre studied the people who waited. It brought a mixture of sad and angry feelings to the surface as she watched. One woman ranted at her attorney as he tried to speak to her. She strutted around waving her arms, her voice escalating as she spoke. He tried to calm her, and when she wouldn't lower her voice, he walked away. She followed him, yelling at him to listen to her.
A man sat on a bench holding his head in his hands. Every few seconds, Sabre heard him sob. She wondered if he was crying for his child or for himself.
Bob walked out. "Hi, Sobs. Are you ready for lunch?"
"I sure am." She saw Bob glance at the man on the bench. "Do you know what his story is?"
"Collicott represents him. She told me that his ex had custody of their three kids and she was living with some lowlife who beat one of the kids to death. He's been sitting there like that all morning."
Sabre sighed. “That poor man.”
They reached the front door and Bob opene
d it for Sabre. "Pho's for lunch?"
"Sure."
"How's Tray’s hearing going?"
"I've never done one of these, so I can't know for sure, but it seems like we're winning on every point so far. Chris is concerned because he doesn't know the judge. I think it would be a slam dunk with Judge Trapnell, but I still think we're doing well. Tray is one of those defendants whom I believe the statute is designed to protect. But we'll see."
***
Dr. Bell made an excellent witness. He explained to the judge how unsophisticated Tray was and how amenable he was to rehabilitation, as shown by his good work in therapy. He listed the many ways Tray had grown and the behaviors the boy was able to change through the work that he had already done. All was evidence that he could be rehabilitated in a short period of time. Chris was very careful to stay away from any questions that might open the door to Tray's last therapy session. They weren't sure how they would proceed at trial, but they didn't want what appeared to be a lie by Tray in the record, at least not yet. Sabre knew it would eventually come out because of the security videos, but she was hopeful that the videos wouldn’t become an issue until the trial.
After Chris called Dr. Bell, Benson brought in an expert to rebut Dr. Bell's testimony about Tray’s rehabilitation and his maturity level. Her expert testified that it wasn't likely that he could be rehabilitated within the short time allotted by juvenile court facilities. In spite of Chris's cross-examination pointing out that the prosecutor's expert had never even met Tray Copley, Sabre didn't feel comfortable about the testimony. Unfortunately, Judge Palatini seemed pretty impressed with the expert doctor's credentials.
"Do you have any more rebuttal witnesses, Ms. Benson?"
"No, Your Honor."
"Closing remarks?" the judge said.
Chris summed up the evidence they had presented. "Your Honor, Tray Copley is not a sophisticated criminal. In fact, he is neither sophisticated nor a criminal as shown by his lack of delinquent history. There have been no failed attempts to rehabilitate him because he has not committed any crimes. Dr. Bell, who has worked with Tray for more than nine months, testified to his ability to learn from his therapeutic experience.
The Advocate's Homicides Page 11