"That guy. The hooker with him is called Cherry. The john just got the best blow job he'll ever get in his life."
"So why the humor?"
"I know Cherry. Almost half the hookers on Van Buren are like him. He works up and down here making a good living doing what he likes best and would gladly do for free.”
"He?"
"Yeah, Cherry's real name is Jerry Washington. He's only one of the drag queens that hook unsuspecting johns."
"You mean the guy doesn't know she's a... a he?"
"Hell no. Neither would you if I hadn't told you. All he gives is blow jobs. He steers it to them, never undressed, puts them off with extra charges."
The new detective shook his head. "That's disgusting."
Hudson nodded. "Yeah, most of Van Buren is."
CHAPTER TWENTY-TWO
Sunday's edition of the paper ran the first of a two part report on the arrest of Jared Pratt, recounting his daring apprehension and his previous arrest history. The article drew freely from the former probation presentencing report and police department reports. It was a characteristically lurid report, mentioning Jared's affluent parents and providing detailed information on the tragic mutilation death of Tracy Fremont. The article hinted broadly at a possible tie between the two cases. It defamed no one and sold papers.
The following day, the paper announced, a weeklong series of articles on the plight of runaway teenage girls would begin. Part Two of the Pratt’s article would run in the following Sunday’s paper. The local radio and television stations took the news directly from the newspaper as was their custom, the net result being a flood of calls to the police and Mr. and Mrs. Pratt.
Killian read it without reaction, an old hand at this sort of thing. His name appeared four times but fortunately no quotes were attributed to him and perhaps more importantly, no information was in the article that pointed an accusing finger at him. The article had been entirely predictable. Killian was pleased the reporter had straight what facts were reported.
~
Alexander Burgoyne did not get to his morning paper until early afternoon. He read the Pratt’s article beside his pool, chuckling audibly at several of the reporter's conjectures. It pleased him to see his name in print once again. Publicity was sometimes better for business than being good. But even more importantly, it pleased him to know that the newspaper planned to take such an active interest in the case. He hoped the newspaper would continue with the hype. With luck, he'd get a change of venue
out of it, possibly an impartial jury might become impossible to obtain. As a defense attorney, retained to free a guilty man, the article was perfect. This was a battle to be fought before a jury ever convened and the newspaper was making it easier for him.
Herbert and Viola Pratt unplugged all of their telephones before seven-thirty that morning following the third threatening phone call. Just before disconnecting the last phone Herbert called Burgoyne's answering service, enraged at what he considered to be libel.
Jared never saw the article and would not have read it if he had. The only immediate consequence for him was his transfer from a six man to a one man cell. As far as the other prisoners were concerned, Jared had murdered the Fremont girl and anyone with a teenage sister or daughter might very easily take enough exception to Jared to stick a knife into him. The sheriff had no wish to lose his most notorious prisoner and bring fault down on his operation of the jail.
At some point in time he would be called upon to prepare a written report for a court and make a formal recommendation as to what should happen to Jared. He had no wish to do anything which would deny him that impact or compromise his recommendation.
Worthington had very strong opinions as to what should happen to Jared and he wanted to be on the case through its conclusion. If Burgoyne was worth his salt, and Worthington knew he was, the attorney would slowly work towards the ultimate goal of showing prejudice on the part of Worthington so that he could be taken off the case and a new P.O. assigned, a man Burgoyne could have better success with. Worthington was determined that nothing like that happen.
~
Beside Curt Springman's desk, mounted unobtrusively on the wall, was a metal framed photograph of every student who had participated in the Harvard Law Review seven years previously. Life had changed dramatically for Springman since that cold, cloudless day. He had matured and grown professionally at a speed and in ways he would never have imagined. At twenty-eight Springman was a professional prosecutor without peer in the County Attorney's office, a dedicated, hardnosed protector of the public good.
Eastern born and bred, he had selected Arizona for his new home because of a chronic asthma condition and because he believed there was a great deal of graft and crime there. He had not been disappointed. His initial successes had been in land fraud, later in insurance fraud, both once thriving illegal businesses in Arizona.
When Lanstrom called from the police department concerning the Pratt’s arrest Springman knew the case might have difficulty and would take a careful hand at the till to guide it passed the potential legal pitfalls, on to the jury, especially with Burgoyne as the adversary. Springman spoke briefly with his superior following that conversation with Lanstrom and received the special permission he sought to assume prosecution himself.
He had shown promise all along, making the staff of the Law Review had only been an affirmation of that early promise. His successes in a politically oriented office in areas once thought untouchable had been to him a special source of pride.
But Springman had never taken on a lawyer of Burgoyne's stature before and never a case of such complexity and clear cut criminal magnitude. Springman had no illusions concerning the case. If he
got it to trial, it would come down to a head-to-head confrontation between himself and Burgoyne. It was, in Springman's opinion, a tragic, potentially fatal flaw in the American criminal justice system that the style and skill of the lawyers involved often had more to do with a verdict than the evidence.
Curt Springman examined the prosecutor’s packet the Monday following the second Pratt’s article and sighed. This is not going to be easy, he thought.
~
The weeks passed. Summer slowly yielded to fall, unquestionably the finest season of all in Arizona. The early hectic days of the Pratt’s investigation gave way to routine for Killian. Among his colleagues the detective was respected as never before. In their eyes he had taken a tremendous risk to accomplish a just purpose and he had done it while the department dragged its heels. And it had worked.
There was no police officer who did not hear his name, many who remembered it. Captain Gallagher was successful in keeping the extra-official nature of Killian's operation from the general public but there was no keeping it from the officers. They, nearly to an officer, admired the detective for what he had done.
Killian's immediate superior officially disapproved and cautioned his officers against repeating such heroics while personally being very pleased. A job had needed doing and one of his men had done it.
Police administration enjoyed the approval rating given it by the public but maintained some distance from Killian's actions, prepared to cut its losses if the tide changed. Killian remained, officially, an unacknowledged hero.
The detective had gratefully immersed himself in work, maintained regular hours and kept his peace among his colleagues. The departmental reports had all been written and as predicted the indictment was obtained against Jared. Ross, Rachel and Killian presented a unified front during the grand jury testimony and Killian anticipated no change at the trial scheduled for mid-November. As they were telling mostly the truth no question of perjury had been raised.
Burgoyne was unsuccessful in having the probation no-bail policy lifted for his client but he waged a broader battle, diverting his opponent's attention to such matters while in secret waging a scorched earth war that would lead eventually to Jared's release and the dropping of charges.
Rachel
and Killian saw each other daily, breaking a pattern of Killian’s established during his many years of bachelorhood. She frequently spent the night at his apartment and by October had exchanged house keys, not in any ceremony but through the demands of their mutual life style.
The passing weeks were a quiet time, a lull in a rampaging storm which descended first upon Springman.
~
Burgoyne was pleased with what his client's file revealed. The previous year he had several psychiatric and psychological reports prepared and they told the lawyer all he needed to know concerning his client's true mental condition.
Jared Pratt was very sick, probably psychotic by any reasonable standard. As was the case with most psychotics his condition would periodically and unpredictably lapse into remission. It would not be readily apparent but it remained nevertheless a reality. With luck, Burgoyne thought leafing through the last reports on Jared, the little bastard will stay crazy long enough for the court to be convinced and I can get him off as insane.
In theory it was not desirable to have his client committed to the state hospital since he could conceivably remain there the rest of his life without legal recourse. In practice it was God sent.
The last murderer Burgoyne had successfully committed to the state hospital rather than face trial and certain conviction had been released as cured in thirteen months. Burgoyne had once had another murderer committed who got out within four months. He saw no reason this tactic should not be as successful with Pratt. He thought this particularly the case since Pratt was genuinely crazy. If only he'd stay that way long enough.
There were many reasons for the lax attitude of the state hospital which resulted in the quick release of sexual deviants and murderers. Budgetary considerations, the modern state of the art of psychiatry and staff incompetence were but three. But most of all it was the nature of mental illness as it took its place within the framework of archaic legislation.
When psychotics lapsed into a period of normalcy under law the hospital could release them. And did. The staff psychiatrists felt no responsibility to the public. All of their training and temperament was oriented to their patients’ needs. The doctors believed that the criminal justice system was dumping patients on them and not providing the money for proper care and treatment. It was the unvoiced expectation of the staff psychiatrists that if they released enough murderers often enough, the state legislature would do something about the problem.
Burgoyne cared nothing for these problems. He saw the state hospital’s shortcomings in dealing with the criminally psychotic as a perfect tool for him to accomplish his ends. This was, however, but one tactic in his war. True, it appeared at the beginning the best course for him but commitment to the state hospital was only one of several options available.
The trick, as he saw it, was to lay the groundwork for all of them without tripping up any and then, when the time came, seize the one with the greatest possibility of success. If it failed he then moved to the next.
It had worked before. And it would work again. It was Burgoyne's job for it to work this time – for Jared Pratt.
~
Herbert Pratt had been furious at Viola's refusal to obtain a loan against the proceeds of her trust fund to pay Burgoyne's staggering legal fee. She had accused him of incompetence for not having the money himself and he in turn had shouted at her that she was a slut and a whore for not giving enough of a God damn about her son to get the money herself. In the end Herbert had been left with no alternative but to take a mortgage on their home. He had proudly paid it off just two years before and now, because of his weirdo son, he must take out a fifty thousand dollar loan, for such was the fee demanded by Burgoyne.
A great deal of money, but it had to be paid. Neither Herbert nor Viola was willing to permit the conviction of their son. The turn of events had brought home what Viola had feared for some months. Herbert was truly bankrupt, for he loved his house too much, the status it brought, the front it presented to others, to mortgage it unless he had absolutely nowhere else to go for the money.
The end was coming, she knew. When and how were the only mysteries.
~
Very early on Springman had decided that he must successfully get Pratt before a jury. Once in the courtroom he was reasonably certain he would get a conviction. Rachel Colson was an engaging, effective witness and the tapes had tremendous emotional impact.
The true battle in Springman's opinion was to be fought in the pre-trial motions. Technicality was Burgoyne's greatest ally. Springman prepared in advance almost from the beginning, attempting to outguess Burgoyne, knowing that he must not only meet each challenge but he must win as well.
The barrage of motions had begun immediately. Burgoyne opened by filing for a new judge. He had not liked the first selected, a jurists known for unrelenting, hard line decisions in the courtroom and in sentencing. The rules allowed one such change, thereafter Burgoyne would have to prove prejudice or incompetence.
Next were a series of motions asking for dismissal of the charges for anyone of a number of technical reasons. These motions had little foundation in fact as Burgoyne knew perfectly well. One by one the motions were dismissed but Springman felt no elation. He knew that Burgoyne would save his best for last.
Finally, Springman entered the judge's chambers for oral argument, appearing confident but inside he was psyching himself for his first head-to-head confrontation with Burgoyne. Until that day they had fought at a distance through paper proxies. It was also the first time he had ever met the man.
Most of what Springman knew about Burgoyne came from the man's formidable reputation and from his briefs. When the defense attorney belatedly entered the chambers Springman found himself properly impressed. The noted defense lawyer was immense; he moved like an athlete, frosty hair at temples, twinkling eyes, ready smile. Springman took a long, thorough look at his adversary with a sinking heart.
~
Hugh B. Mortenson, Judge of the Superior Court, experienced only moderate pressure once the Jared Pratt’s case had been assigned to him. He had served with distinction on the Superior Court for eighteen years and looked forward to retirement within three. The only dark spot on the horizon was reelection the following year. He did not relish presiding over a delicate criminal trial at this time, too many things could go wrong and cause adverse publicity. Judge Mortenson had been around long enough to know that he must be careful, not just to the letter of the law but to the appearance of the law as he decreed it and, especially, as reported in the press. If defeated for re-election because of some foul-up in this trial, it would hurt his retirement, not excessively but enough to warrant caution.
As all court hearings do, this one began late, twenty-eight minutes late. The Omnibus Hearing had been the brain child of the Select Committee on Judicial Reform and had been enacted into law with the other major reforms. It was intended to prevent frivolous motions filed to delay the trial, once a favorite ploy of defense attorneys.
This was to be Burgoyne last day for motions and it would be on this day that he would tip his hand to the thrust of his attack. Thereafter, the case moved inextricably to the trial date, unless the prosecutor and defense council entered into a plea agreement.
Springman decided to present a competent exterior in the presence of the judge but to seem in awe and uncertain whenever he was with Burgoyne. Something he found would not be difficult. With luck, the man would underestimate him.
The hearing could have been held in the courtroom but by practice Mortenson held it in his chambers, the door open to comply with constitutional requirements for open hearings; the court's clerk, recorder, the attorneys and bailiff all present. Judge Mortenson sat back comfortably in his high backed chair, denims and cowboy boots concealed beneath the desk, judicial robe on its rack, the judge’s manner casual and seemingly open as the hearing began.
Routine matters were handled competently amid occasional social comments which indicated the judge and B
urgoyne moved in similar social circles with common friends and interests. Springman, an outsider, lived an entirely different lifestyle and took no part in the banter. Being an easterner was never more pronounced than at that time.
Burgoyne handled himself deftly seemingly bored as he maneuvered through the routine matters. After twenty minutes Judge Mortenson turned to Springman and said, "Well, do you have any matters for the Court at this time?"
"No, Your Honor. We have nothing."
"How about the defense?" Mortenson smiled at Burgoyne.
"Yes, Your Honor. Please accept my motion for a Rule Eleven."
Springman had anticipated this. A Rule Eleven called for psychiatric examination of the client to determine his mental competence. It was a motion which could have been filed at any time but had
not been.
"In speaking with my client," Burgoyne continued, "I have become seriously concerned about his ability to understand what is taking place currently and especially during the period of time of the alleged offense."
“Any comments, Mr. Springman?" Mortenson asked.
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