“Would he be receptive to consolidating the revocation case with the trial judge?"
"I doubt it. He's got pretty strong feelings on the subject and there is not a way I can think of to take a case away from the judge who placed the man on probation to begin with. If I know Judge Vaughn, I'd say he'd allow a consolidation of the two cases, if he got the new case too."
“I don't think that will be happening."
"No, I didn't think so. Burgoyne’s already used Vaughn up with big promises his client failed to keep when Pratt received probation. I don't imagine Burgoyne wants into Vaughn court with Pratt again. From your point of view though it would be perfect. There's no way on Earth Vaughn will let Pratt off no matter what Burgoyne did."
"You think so?"
"Well, if it was a jury trial there wouldn't be much Vaughn could do about the verdict but his rulings during the trial wouldn't go Burgoyne's way and Vaughn is well passed retirement age. He doesn't give a God damn about the state Supreme Court. At the Revocation Hearing it will be different. Pratt doesn't have the right to a jury trial there and so Vaughn will get things pretty much his way. The rules of evidence are also much laxer.”
Springman had thought of a lot of this the previous night. He had not known about Vaughn but he had done his work on Revocation Hearings. "When is the Revocation Hearing currently scheduled for?"
“It's scheduled for early next week but I doubt if it will go. Usual practice these days is to hear it after the trial on the new charges. They had some problems with guys being revoked in probation hearings, sent to prison and then being acquitted at the trial for the same acts that led to the revocation. The reason, of course, was the different rules of evidence. So now they usually continue the case until after the trial."
"Is there any reason why Judge Vaughn couldn't proceed next week if he wanted?"
"No. In his own court, he's God."
"Would he?"
"I don't know. Ask him."
"I can't, not without Burgoyne being present – but you could."
Silence.
"You want me to contact Judge Vaughn and see if he'll go ahead, before the trial?"
"Yes. And then forget I asked you to."
Silence.
"Why Mr. Springman, that's dirty pool."
"Yes it is Mr. Worthington, but it's just as legal as it can be."
CHAPTER TWENTY-FOUR
It was on December third that the hearing to revoke the probation of Jared Pratt was convened before the Honorable A. L. Vaughn. The hearing on the Motion to Suppress was due in two days, the trial four days thereafter. Those hearings would be held before the Honorable Hugh B. Mortenson.
The Revocation Hearing was a separate cause of action from the trial and would be conducted under different rules. As Jared was already a convicted criminal in the crime for which he was on probation certain constitutional rights did not apply. It was unfamiliar and seemingly hostile territory for many defense lawyers unaccustomed to its idiosyncrasies.
For all his years of experience this would be Burgoyne's first Revocation Hearing. He rarely stayed in a case once his clients received probation and on those occasions he did a subordinate had always taken care of these matters.
The purpose of the hearing was to take evidence on the allegations submitted by the court's probation officer; specifically that Pratt had failed to be gainfully employed, failed to report promptly as directed, that he had moved without the probation officers prior approval, and finally, that he had committed certain criminal acts for which he was indicted and pending trial.
If the court ruled that Jared had done even the most minor of the allegations against him, it could order his probation revoked and the defendant sentenced to prison. As quaint and as old fashioned as it sounded to men like Burgoyne, probation was still a privilege and if Jared had violated it, in even a minor way, Judge Vaughn was well within his rights to send the man to prison.
Worthington had met with Judge Vaughn two days before as Springman had requested. The two of them had chatted in the fading light of the first day of December. They had discussed the former days when each judge had his own P.O., a man hand selected and tailored to his judge's personal philosophy, a throwback to older times, slower times, less bureaucratic times.
It had been an amiable meeting for even though Worthington did not work for Judge Vaughn personally he was still an employee of the court, subject to any direction of the court and at the court's disposal. He held a special relationship with the judge and any attack upon his integrity was an attack upon the integrity of the court which employed him. Skilled Public Defenders who often represented men at Revocation Hearings understood that relationship and rarely, if ever, truly heard a case on its merits. Rather they worked the best deal possible with the P.O. and pleaded out their clients, in effect throwing them on the mercy of the court.
Burgoyne, the prominent criminal trial attorney, knew none of this.
A gathering of spectators had convened in the courtroom; members of the Sun City Court Watchers Committee, self-appointed guardians of the public safety; members of the press and a local television news crew. With Pratt due for trial within a week it was time to begin hyping the case and this innocuous hearing, where attorneys could be pigeonholed in the hallway, was a good starting place.
Burgoyne spent no time in the courtroom reviewing the procedural paper his colleague, Ferguson, had prepared for him on Revocation Hearings. Rather he made himself available to the cameras, microphones and reporters for wide interest in the case worked to his advantage.
It was shortly after ten in the morning when Judge Vaughn called the Court to session and the bailiff announced the first matter, The State of Arizona, Plaintiff vs. Jared Pratt, Defendant, Revocation of Probation.
The spectators were gaveled to silence and Judge Vaughn took his place with an unintentional flourish of his black robe. Springman had arranged for all his witness to be in Court and his thick portfolio attested to his serious intent. Burgoyne had never met any of the witnesses heretofore and as he hurried into the courtroom from a hallway interview, he fixed his attention on his client and briefly on Herbert and Viola Pratt seated immediately behind the railing separating spectators from Court personnel.
In the jury box were three manacled prisoners from the jail, their cases due to be held in the same Court sometime before noon. Smug expressions belied their true predicament. Jared had been led in handcuffed and shackled but now sat beside his lawyer untethered.
"Well gentlemen, shall we commence?" the judge said. Silver headed, lean, nearly gaunt, Vaughn black robe looked as though it had just been lifted from the dry cleaners box which in fact it had.
Burgoyne rose majestically to his feet. "Your Honor, I move that this hearing be continued until after the trial due to begin in Judge Mortenson's Court next week." This was a routine matter and Burgoyne sat down without elaboration.
"Mr. Springman?" The Court asked for comments from the prosecutor.
"Your Honor, today is the day set for the Revocation Hearing. Proper notice has been given all parties. My witnesses are present. The defendant and his attorney are present. I am opposed to any continuance. I am prepared to proceed."
Burgoyne had been whispering into Jared's ear when he caught the essence of Springman's objection. Quickly he rose to his feet. "Your Honor, in all fairness this hearing should not be heard before the trial. The issues here are the same and it would be most unfortunate if we proceeded ahead of the jury in this matter."
"Your Honor," Springman said, "the state is prepared and wishes to proceed. It would be a hardship on the witnesses to call them at a later date. In point of fact, only one of the four allegations against Mr. Pratt pertains to the trial next week. The other three have to do with Mr. Pratt conduct on probation and are certainly matters which could and should be heard today. The future trial has nothing to do with the first three allegations of the petition to revoke. As for the fourth, the state is prepared to proc
eed and there is no reason that I can see why we should not."
"Mr. Burgoyne?" Judge Vaughn threw the ball back to Burgoyne.
"I must object Your Honor. A very serious trial is due to begin soon and this matter should properly be continued until after that."
"This also, Mr. Burgoyne, is a serious matter. The Court will proceed."
Burgoyne was flabbergasted, unable to believe his ears. This was to have been a routine matter and now suddenly he was facing a major hearing, the loss of which could seriously jeopardize his trial. The lawyer rose to his feet.
"Your Honor, if I may be heard further." Judge Vaughn nodded his head. "It would not be proper to proceed with the allegations of events taking place on August twenty-five at this time although I understand that the Court would be within its prerogatives to do so. A trial will establish the defendant's guilt or innocence in a very short time. That would be the proper forum for this matter."
Burgoyne continued to speak, Springman replied, the judge nodded and passed the argument from attorney to attorney. At ten twenty-three he felt they were covering old ground, over and over.
"Gentlemen, the Court will continue. We shall proceed with the three allegations of the original petition to revoke probation. The allegations contained in the supplement concerning the alleged abduction of the police officer shall be heard at a later date following the trial. Mr. Springman, proceed."
"The state calls Chad Worthington."
Worthington stood up, ignoring the baleful glares from Jared's parents and proceeded to take the oath from the clerk. He then assumed his seat beside the judge in the witness stand, a microphone close at hand. Springman established his witnesses credentials, avocation and responsibilities within the probation department. That done he then led the P.O. through each of the three allegations of the original petition. It took approximately seven minutes to establish a factual basis for each of the alleged violations.
Burgoyne rose for his cross examination. "Mr. Worthington, would you say that Mr. Pratt conduct was typical of most probationers on your case load as concerns his lack of employment?"
"No." Worthington had learned over the years to keep his answers as brief as possible. Words by a witness were ammunition to a defense lawyer.
"You mean most of your charges are employed?"
"Objection, Your Honor," Springman said. "That has nothing to do with the issue at hand. It matters not if all of Mr. Worthington's probationers are unemployed, only if this particular one was at the time alleged."
"Objection sustained."
Burgoyne started to explain himself then thought better of it. "Mr. Worthington, are you aware of any special conditions that might make it difficult if not impossible for Mr. Pratt to be employed?"
"Mr. Pratt is emotionally disturbed and is lacking in any vocational skills but in my opinion he is employable. I waited as long as I felt I could trying to persuade him before filing this petition."
"You mean you waited until Killian came sucking around looking for a Mickey Mouse warrant to use in setting up my client." Burgoyne was upset. He saw the writing on the wall, his only possible course
was to use this hearing as a forum for the media, to get his suspicions into print.
"I object!" Springman shouted.
Judge Vaughn shot Burgoyne a look that would have killed a lesser man. "That will not be necessary, Mr. Springman. Counsel will approach the bench." The two lawyers made their way to the bench.
"Mr. Burgoyne," Vaughn whispered, "perhaps you have been reading too many of your own newspaper clippings lately. I will not tolerate another outburst such as the one I just heard. You will stick with the issues at hand and deal with them in a recognized and proper manner or I will hold you in contempt." Burgoyne began to mouth an apology. "Can it. I remember your promises from the last time
you were in my Court. If I find you in contempt, it will not be any fine. I'll throw your ass in jail over night, this night. Do you understand?"
Burgoyne had never been threatened with jail before and could not believe that he was being this time. "Yes, Your Honor," he muttered then returned to his place.
"Strike Mr. Burgoyne’s last statement," Vaughn instructed the reporter. "Proceed, Mr. Burgoyne."
Proceed he did but in the end it did no good. It was simply Worthington's word against Pratt. Burgoyne bored into Worthington relentlessly, trying to portray him as a tool of the police, as having a grudge against his client, as being a rogue probation officer operating outside norms. He was cautioned repeatedly but kept at it without letup.
When it was time to respond to the allegations Burgoyne elected to keep his client off the witness stand. There was no telling what he might blurt out. In summation, Burgoyne sought to lessen the impact of the three allegations which in most cases were fairly inconsequential.
When it was over the Court found Jared in violation of three terms of probation and set sentencing for one week, the day before jury selection was to begin in Judge Mortenson's Court.
No one heard but Judge Vaughn was whistling lightly as he left the courtroom for his chambers a grin on his face. Jared knew nothing good had happened but that was as it had been for some time now. Burgoyne was red faced and angry. Springman fought to hold back a smile pleased in the knowledge that Burgoyne could be had.
~
Killian suggested lunch to Ross and Rachel as the three of them left Judge Vaughn’ courtroom following Pratt’s Revocation Hearing. Once the Court had decided not to proceed with the fourth allegation, their presence had no longer been required but all three had stayed for the show.
"So, he revoked him," Ross commented casually.
"So what?" Rachel asked.
"Well, for one thing," Killian replied, "it makes it tougher on Burgoyne. Vaughn will probably send Pratt to prison. That means Pratt is going to prison regardless of the outcome of the trial and that has to take a lot of the wind out of his sails."
"I guess that is good news," she said. Ross bowed out of the lunch invitation and left the two of them standing on the steps of the Courthouse.
"Lunch, Rachel?"
"No, I'm not hungry."
"You look depressed still."
The woman shrugged. "I am. I'm tired, tired of it all. I wish the trial would get here. I want this over."
"So do I Rachel, so do I."
~
Alexander Burgoyne was still enraged when he entered his office like a bull caged and goaded beyond control. His receptionist, Virginia Osborn, could not recall ever having witnessed him in such a state and solemnly vowed that if she ever saw it again, she would resign, by telephone.
Burgoyne marched single mindedly passed her down the short corridor to his office, slamming the door behind him. He could not believe that he had so underestimated a courtroom situation. Never, not even in the early days, had he ever been so utterly out of control and doomed to defeat almost from the beginning. His eyes glanced down at the preparation sheet Ferguson had prepared for him and read:
Any attack upon the Court's probation officer must be carefully phrased as though one were questioning a close relative of the judge. Any deviation might well incur the wrath of the presiding judge and in a probation hearing with its lax procedural rules, that alone could be catastrophic.
Jesus Christ, why didn't I read that before, he thought, pulling a partially full bottle from the cabinet behind him. Like some nitwit I ignored the careful preparation of some sharp lawyer I handpicked and look where it got me, he raged inwardly, scarcely aware of the hot sting of liquor pouring down his throat. Jesus Christ, what a grade 'A' fool I was to let that asshole Harvard lawyer sucker me in. I’ll get that son-of-a-bitch. I’ll get him. I'll nail his fucking ass to the wall when we go to trial, so help me God.
Springman was not fooled by what had taken place at the Revocation Hearing. He knew that he had won because the judge had been wired in in advance and because, technically speaking, Pratt had been guilty of the allegations and that gui
lt was easily established with the word of the probation officer. Such would not be the case at the trial due to start the following week. There no one could reach the judge in advance and the rules of procedure were far more rigid and unerring. The ultimate decision would rest with the jury, assuming the case ever got to the jury.
In his euphoria, Springman had forgotten the Motion to Suppress. The whole case could go down the drain before he ever got into the trial. He had only managed to forewarn his opponent that day. He had won alright but it had only been a battle, the war had as yet to be fought.
CHAPTER TWENTY-FIVE
Jared lay upon his back in the jail cell and listened to the night sounds of the guards and of the other inmates. Through his metal door he heard a television in the distance, another door slamming shut, a shout or two and the tramping of guards or the whisper of inmate tongs across the cement floor.
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