A Prosecutor for the Defense (David Brunelle Legal Thriller Series Book 4)
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A PROSECUTOR FOR THE DEFENSE
David Brunelle Legal Thriller #4
Stephen Penner
Published by
Ring of Fire Publishing
A Prosecutor for the Defense
©2013 Stephen Penner. All rights reserved.
No part of this book may be reproduced or transferred without the express written consent of the author.
This is a work of fiction. Any similarity with real persons or events is purely coincidental. Persons, events, and locations are either the product of the author’s imagination, or used fictitiously.
Cover image by Viorel Sima.
Cover design by Stephen Penner.
DAVID BRUNELLE LEGAL THRILLERS
Presumption of Innocence
Tribal Court
By Reason of Insanity
A Prosecutor for the Defense
Substantial Risk
Corpus Delicti (coming 2014)
Case Theory (Short Story)
Beyond a Reasonable Doubt (Short Story)
Table of Contents
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Chapter 9
Chapter 10
Chapter 11
Chapter 12
Chapter 13
Chapter 14
Chapter 15
Chapter 16
Chapter 17
Chapter 18
Chapter 19
Chapter 20
Chapter 21
Chapter 22
Chapter 23
Chapter 24
Chapter 25
Chapter 26
Chapter 27
Chapter 28
Chapter 29
Chapter 30
Chapter 31
Chapter 32
Chapter 33
Chapter 34
Chapter 35
Chapter 36
Chapter 37
Chapter 38
Chapter 39
Chapter 40
Epilogue
Preview: Substantial Risk
About the Author
A PROSECUTOR FOR THE DEFENSE
A person who is not a member of the State Bar of California but who is eligible to practice before the bar of any United States court, and who has been retained to appear in a particular cause pending in a court of this state, may in the discretion of such court be permitted to appear as counsel pro hac vice, provided that an active member of the State Bar of California is associated as attorney of record.
—California Rule of Court 9.40
Chapter 1
King County homicide prosecutor David Brunelle sat at his computer, trying to read the police reports for his latest case directly off the screen. His boss, Matt Duncan, had decided the office needed to move toward ‘paperless’ prosecution. Lawyers without paper were like birds without wings, but Brunelle knew who his boss was, and more importantly, he respected him. So he agreed to do his part. He would read the reports off the screen for as long as he could stand. But when trial time came, he was printing them out and putting them in damn binder.
“David!”
Brunelle was jarred by the sudden appearance of Kat Anderson in his doorway. She was the best assistant medical examiner in the county. She was also his girlfriend.
“Kat.” He stood up and started around his desk for her. “What are you doing here?”
She wasn’t one to drop in unannounced. He always got a call or a text before she stopped by his office. Hell, she did that before she stopped by his apartment for the night. So he thought something might be wrong. When he got next to her, he was sure of it.
Her eyes were glistening at the corners. Kat Anderson didn’t cry. Not in front of him anyway. It was, selfishly he knew, one of the things he liked about her. No drama. But looking down at her just then, the tears welling in her eyes, his heart felt sick.
“What is it?” he asked. “What’s wrong?”
“I need your help, David,” she said. Her voice broke just a little. Not much though. She was a strong woman.
“Help with what?”
“Promise me,” she avoided the question. “Promise you’ll help me.”
“With what?” he repeated.
“Promise me,” she insisted.
So he did. “Of course. Whatever it is, I promise.”
She finally exhaled. She closed her eyes and wiped them, then nodded and looked up at Brunelle. “Thank you.”
She stepped around him into his office. He trailed behind.
“So what did I just promise to do?” he asked.
She nodded and turned around. “It’s Jeremy.”
Brunelle felt his expression harden. ‘Jeremy’ was Kat’s ex-husband. They didn’t say his name a lot. He was usually referred to as ‘Lizzy’s dad.’ He lived in California with his second wife. Or maybe it was his third. Brunelle knew he was a doctor too—a plastic surgeon, of course. And that was about all he wanted to know about him.
But apparently, there was more.
“What about him?” he asked.
“He’s in trouble.”
“What kind of trouble?” Brunelle was getting tired of the vagaries. He’d just promised to help his girlfriend’s ex-husband somehow. He was already irritated by that. The guessing games weren’t helping. “Come on, tell me what’s going on.”
Kat took a deep sigh, then sat down on the edge of Brunelle’s desk. “Jeremy’s been arrested.”
“Arrested?” Brunelle tried to give a concerned expression, devoid of the jealous joy he got out of the information. “For what?”
Kat shook her head. “Murder.”
Okay, now that wasn’t funny. “Murder?” he repeated.
“His wife was found murdered in her dance studio,” Kat explained. “He got arrested yesterday.” She stood up and grabbed Brunelle’s suit coat. “But he’s innocent, David. He didn’t do it. He can be a complete asshole, but he’s not a killer.”
Brunelle nodded. He understood Kat’s emotions, if only because he’d dealt with a lot of distraught family over the years. The victim’s family was often in denial about the loss of their loved one, but the killer’s family was usually in denial too—about what their family member was capable of. That Nile was a pretty big river.
“Okay,” he said noncommittally. “You want me to call down to the California prosecutor and see what’s going on?”
Kat gave a half-smile and shook her head. “No, David. I want you to be his lawyer.”
Brunelle’s eyebrows shot up. “His lawyer? I can’t be his lawyer. I’m a prosecutor.”
“Only in Washington,” Kat pointed out. “You’re not a prosecutor in California.”
“I’m not even a lawyer in California,” Brunelle retorted. “I’m only licensed in Washington.”
“But you can get a limited admission for a particular case, can’t you?” Kat asked. “I’ve seen that before. Sometimes we get lawyers from other states who get a ‘pro hack’ admission or something to deal with the legal issues around what to do with the body.”
“It’s pro hac vice,” Brunelle corrected. “And yes, I suppose that’s possible. I mean, I’d have to ask the California bar for special permission.”
“They’ll give it to you.”
“And get time off from Matt.”
“He’ll do it.”
“I don’t know their court system,” Brunelle continued to
protest. “Their evidence rules are totally different.”
“You’ll figure it out. You’ll learn it. You can do it, David. You know you can.”
Brunelle sighed. “Kat, this is crazy. I can’t do this.”
“It’s Lizzy’s dad,” she reminded him.
He shook his head, “Kat…”
She grabbed his chin and locked eyes with him. “You promised.”
He stared into her eyes. She was smart to have come to his office. He couldn’t look her in the eye and say no.
“Okay,” he relented. “I’ll do it.”
Chapter 2
Brunelle frowned and looked at the clock. 9:17. He’d stalled long enough. He could only refresh his email so many times. He pushed himself up from his desk and walked the short distance to his boss’ office.
Duncan’s secretary, Tammy, had just brewed a fresh pot of coffee and was starting one of the thousand tasks she had every morning as the administrative assistant to the elected District Attorney. She was tall, pretty, with long brown curls and a bright smile. And she was good as hell at her job. She was also the sentry to Duncan’s office.
“Is Matt available?” Brunelle asked, hands in his pockets.
“He’s on the phone,“ Tammy answered, looking at the indicator light on her own phone. “Oh, wait. He just hung up. Go on in.”
Brunelle stepped around Tammy’s desk and into Duncan’s large corner office, with its panoramic view of Elliott Bay and the Olympic Mountains beyond. “Hey, Matt. Got a minute?”
Duncan turned from where he was checking his own email and stood up. “Of course, Dave.” He gestured toward his conference table and came around his desk to join Brunelle. Duncan usually avoided the ‘Boss Behind the Desk’ dynamic when he could. At least with Brunelle. “What’s up?” he asked.
Brunelle grimaced and rubbed the back of his neck. “Um, well,” he struggled to explain, hardly believing it himself. “Do you know Dr. Anderson at the medical examiner’s office?”
Duncan grinned. “You mean your girlfriend? Yeah, I’ve heard of her.”
Brunelle could feel a blush despite his 40-plus years. He was still unaccustomed to having a ‘girlfriend’ and even less so having everyone know about it. He surrendered a small, nervous laugh. “Yeah, her. Um, she kinda needs my help with something.”
“Okay,” Duncan replied casually. “Why wouldn’t we help the M.E.’s office? We’re all on the same team.”
Duncan didn’t get it. But then, why should he? Brunelle hadn’t explained it yet. So he did. At least as much as he knew himself. Kat’s ex-husband lived in San Francisco. He was remarried. His new wife was murdered. He’d been charged with the crime. Kat asked him to be his attorney. He’d said yes.
Duncan listened intently. Finding out about other people’s problems was always interesting. When Brunelle finished, he nodded for several seconds. “Wow,” Duncan finally said. “You’re whipped.”
Brunelle threw his hands up. “Wow,” he echoed. “Not really the reaction I was looking for.”
Duncan laughed. “You’re a career prosecutor, but you’re going to play defense attorney to your girlfriend’s ex-husband two a thousand miles away. And you’re surprised anyone calls you whipped?”
Brunelle shrugged, no reply at the ready. He wasn’t really surprised anyone thought it. He just hoped people might not say it.
Duncan’s smile softened. “Must be love.”
Brunelle shrugged again, even less ready with a reply.
Duncan saved him. “So…” His smile twisted into a serious expression. “Are you quitting?”
Brunelle’s eyebrows shot up. “No!” he practically shouted. “God, no. No, this is just a one-time favor. I’m not quitting. I just need a leave of absence.”
Duncan exhaled. Brunelle hadn’t even noticed he’d been holding his breath. “Whew. Good,” Duncan said. “I don’t want to lose you.” He thought for a moment. “You know we can’t pay you during a leave of absence, right? Especially if you’re doing defense work.”
Brunelle nodded. “I know. I’ve got some money saved up. I’ll be okay.”
“How long do you think it’ll take?” Duncan asked.
Brunelle shrugged. “Not sure. Just a couple of months, I hope. It’ll be my only case, so I can push it to trial pretty quickly.”
“Do you think that’s smart?” Duncan questioned, already switching back from friend to trial attorney. “For your client, I mean. What’s his name again?”
Brunelle grimaced. “Jeremy.” He hated saying the name out loud. “And yeah, it’s smart. If they’re anything like us, they won’t expect a murder case to go to trial for at least a year. If I just refuse to waive speedy trial, I can force them to trial before they’re really ready. Waiving speedy trial is usually stupid, I think. A rushed prosecution is a sloppy prosecution, and that’ll be good for me. After all, it’s their burden to prove everything beyond a reasonable doubt.”
Duncan laughed. “Our burden,” he corrected amicably.
Brunelle surrendered a laugh too. “Right, that’s what I meant.”
Duncan tapped his chin for a moment, then stood up and went to his desk. He pulled open one of his desk drawers. “I’m going to give you the name of a guy I knew in law school. Andy Dombrowski. He ended up becoming a defense attorney and moved to San Francisco.” Duncan stepped around again and handed Brunelle a well-worn business card. “Look him up when you get there. He’s a good guy. He’ll give you some pointers.”
“Thanks, Matt.” Brunelle took the card and put it in his shirt pocket.
Duncan sat down again. “So what are we going to do with your cases for three months while you’re off playing Perry Mason?”
Brunelle nodded. He’d already thought about that too. “I think I can resolve a couple of them. The rest I’ll set over ‘til I get back.”
“What if they won’t waive speedy trial?” Duncan teased.
Brunelle grinned. “They will. Just because I’m smart doesn’t mean they are.”
Duncan smiled. “We’ll see. But even if they do, I don’t want those cases just sitting there. I want someone to watch over them, just in case something comes up.”
Brunelle frowned, but nodded. He didn’t like handing his files off to someone else, but Duncan was right. Things come up. Detectives got new leads; witnesses got scared; newspaper reporters asked questions. “What about Fletcher?” he suggested. “Or Wilson? They’re both reliable.”
But Duncan shook his head. “No, I was thinking about Michelle Yamata.”
“Oh,” Brunelle managed to reply at the thought of the attractive young prosecutor.
“You tried a case with her, didn’t you?” Duncan asked. “You said she did a god job.”
“She did a great job,” Brunelle replied. “Exquisite.”
“Okay then.” Duncan patted the table. “It’s settled. I’d like to see what she can do.”
Brunelle nodded and smiled. “Me too.”
*
“Wow,” Yamata said after Brunelle called her up to his office and explained the situation. “You’re whipped.”
Brunelle was speechless for a moment. He just stared at her.
She shrugged. “Just sayin’.”
“Yeah, well,” Brunelle stammered, “maybe it will make me a better prosecutor.”
“Maybe,” Yamata said and leaned back in her chair opposite Brunelle’s desk, “but good luck as a boyfriend.”
Brunelle cocked his head. “What does that mean?”
“It means,” Yamata absently twisted her silky black hair into a loose ponytail, “she’s got you dropping everything and jumping through hoops like a trained poodle. What are you gonna do if you win and ex-hubby is out on the street again? That joyous reunion is going to involve a lot of hugs and kisses—but you’re going to be watching it all from across the courtroom.”
Brunelle frowned. That hadn’t occurred to him. “I don’t think so,” he asserted.
“Well, no worries.�
�� Yamata shrugged and leaned forward, tossing her hair back over her shoulder. “You’re in control.”
Brunelle’s brow creased. “How do you mean?”
Yamata laughed darkly. “You can always throw the case. Nothing too obvious, just make sure he gets convicted. Then you get your Kitty Kat all to yourself.”
Chapter 3
Brunelle slipped off his belt and looked Kat in the eye. “This is my favorite part.”
Kat bent over. “Behave, David,” she said as she slipped off her shoes. “Unless you want a full body cavity search.”
Brunelle glanced around the security checkpoint at Seattle’s Sea-Tac International Airport. If he did want such a search, it probably wouldn’t be right there, right then. But it probably would have involved Kat. He pulled off his shoes and put them in a plastic bin along with his belt, cell phone, and keys. He slid the bin onto to x-ray machine’s conveyer belt. “Well, you’re the expert on body cavities.”
Kat smiled. “Most of the bodies I see have a few extra cavities.” She slid her own plastic bin onto the conveyer belt. “Besides,” she leaned against him and purred, “you seem to know your way around some body cavities.”
Brunelle felt his heart race and his blood rush. He peered down at the beautiful woman looking up at him. He wrapped his arm around her waist. “Remind me again why we’re flying and not taking a long, romantic drive down the coast with lots of stops at local hotels.”
“Ugh. Stop it you two.” Kat’s teenage daughter Lizzy walked up and dropped her laptop bag into a bin. She pulled out her earbuds and put her iPod in the tray as well. “We’re in public.”