
Copyright © 2019 Tom Bleakley
All rights reserved.
ISBN: 9781543993844
All proceeds from sales of the Katie Hornsby Series (Book 1, Safe Nowhere, and Book 2, Exoneration) will be donated to the Let’s Read Program of the Detroit Public Schools Community District (DPSCD). The program is designed to support struggling readers in grades K-3. Parents want the best for their kids but sometimes weren’t read to themselves, don’t have a children’s book in the home and have no idea of the benefits of reading to a child. Randomized trials show that despite their low cost, reading programs have a big impact in getting kids ready so that they can shine in school. The program implementation was sparked by my friend and long-time community activist Helen Moore to partner with the District by providing reading intervention and support for its early learners with the help of community volunteers.
A very special thanks to Marcia Krajewski, Anne Lynch, and Paul Lynch who graciously traveled every step of the way with me on the journey of writing Exoneration. Without their efforts this work would not exist. Dr. John Telford, Kari Vredenburg, Rebecca Vredenburg, Mandy Bush, Sarah Giacona, Dr. Carl Rasimas, Francesca Giacona, Madison Bush, and Caitlin Bush also provided keen insights that have been most helpful.
Likewise, special thanks to Barry Scheck and Peter Neufeld who founded The Innocence Project, a non-profit legal organization that is committed to exonerating wrongly convicted people through the use of DNA testing and to reforming the criminal justice system to prevent future injustice. They are specially acknowledged for their contributions in bringing public attention to their heroic efforts against judicial tyranny. Special acknowledgement and a shout-out to Michigan attorney John Skrzynski, a former colleague of mine, whose vast experience as an Oakland County (Michigan) prosecutor in trying murder cases was most helpful in creating this work of fiction.
I would be remiss if I failed to acknowledge the heroic efforts and courage of #MeToo victims who have taken their stories public and exposed the rampant epidemic of all-too-frequent abuse by men in powerful positions, one of the major incentives for the writing of this novel.
Finally, special thanks to my guiding light for nearly six decades, my loving wife, Mary Ellen Bleakley, whose patience and valuable advice always provide a solid foundation for my writing efforts.
Detroit, Michigan
January 11, 2016
“I’m not asking. I’m begging.” Dan Douglas pleaded. “Please take the case”
I looked at the lawyer seated across from my desk. Douglas looked so innocent. He didn’t look old enough to be a lawyer. He reeked of sincerity, a veritable choirboy. He wore a dark-blue two-piece suit, a blue shirt the color of his eyes, and a striped tie that accentuated the cherub-like blush of his cheeks. He’d traveled halfway across the State of Michigan from his law office in Dillon County to meet with me.
Douglas continued, “I went to the trial seminar in Ann Arbor just to hear you speak because I’d just been assigned this case last week. It’s all about a drug. A law school classmate of mine told me about you, that you were going to be there. I was impressed with your knowledge when you told about the case you recently tried and all the things that are important to keep in mind in trying a case involving a drug. Listening to you made me realize I didn’t know anything.” He hesitated and shrugged his shoulders. “I really need your help.” He paused then went on, “The judge assigned me the case even though I’ve never handled a felony case. I’ve been in practice for less than two years. All I’ve done is drunk driving cases, minor stuff like that. This is way over my head.” He ran a hand across his sweaty forehead, wiped his brow.
I gestured toward the file Douglas placed on my desk. “Tell me more. Tell me about the case.”
He leaned forward. “I’m sure you’ve heard about it. News of the case has been plastered all over TV and the newspapers. My client, Steve Brandenburg, is charged with murdering his wife by injecting her with a drug while they were out riding horses on their farm. A doctor invented some kind of test and found the drug in her remains. That was seven years ago. When charges were brought, he took off and nobody knew where he was until three weeks ago, when they captured him in Guam after the story was on Unsolved Mysteries. A big reward was offered, and someone turned him in. He’s back in Michigan to stand trial. He’s locked up in the Dillon County jail. That’s where the case is being heard.”
“Why would the judge assign you such a big case if you have no experience?”
“Judge Mossberg is a former prosecuting attorney and thinks that anyone charged with a crime is guilty. I guess he figured I didn’t need much experience just to plead the guy guilty.”
Something didn’t make sense. I was puzzled. “So why me? I’ve never been involved in a criminal case. There’s plenty of lawyers around who take criminal cases.”
“Brandenburg says he’s innocent, doesn’t want to plead guilty. He wants a trial. The big issue is the drug in the case. Whoever takes this case has to know a lot about drugs. Someone like you. You would be perfect.”
I felt a mounting sense of excitement. This case is a trial lawyer’s dream. Why aren’t all the big-time criminal lawyers fighting to get in on the action?
“Let me talk with my boss. I’ll get back to you.”
Douglas winced. “I hate to press you on this, but time is tight. The case is set for trial in four months. No adjournments. The judge says the family has waited long enough. There’s a case conference tomorrow morning, and I’m having Brandenburg brought from jail to the courthouse for a meeting when the conference is over. It would be nice if you could be there.”
I sat at my desk and thought for a few minutes after Douglas was gone. I weighed the pros and cons of taking the case. In my four years of practice, I discovered I loved being a trial lawyer, loved performing in front of a jury. On the other hand, I had never handled a criminal case and knew nothing about criminal law.
My boss, Gary Newton, is a doctor and a lawyer. He gave up medicine years ago to practice law with his former father-in-law who’d built a national reputation for handling litigation involving prescription drugs.
I joined the firm a little more than four years ago right out of law school and just after I got the highest score in the history of the Michigan bar examination. Gary hired me on the spot when I walked into the office looking for a job.
I was both thrilled and alarmed at the prospect of taking on such a high-profile case but didn’t want to be impulsive about making the decision. I also needed Gary’s approval.
The question of Brandenburg’s guilt weighed heavily in my mind. Did I really want to represent a murderer? What would I do, how would I feel, if the guy was guilty and I did something that set him free? What would my Dad think if he was still living? He hated lawyers, all lawyers, but especially lawyers who defended criminals. He’d roll over in his grave if he knew that his daughter was even thinking about defending a man charged with murder.
If Brandenburg was guilty of killing his wife, he deserved to spend the rest of his life in prison. He couldn’t be executed because Michigan didn’t have the death penalty. On the other hand, if he was innocent, he deserved and needed good legal representation.
I knew what the first thing Gary would tell me to do., so I jumped the gun and called Dr. Alex Hartley, the law firm’s guru on all cases with drug issues. Hartley was board-certified in both internal medicine and toxicology, and ran the poison center at Detroit Hospital, the largest poison center in the country. He was a nationally recognized expert in the field of toxicology. And he was Gary’s best friend.
I told Alex that a forensic toxicologist claims that he can identify the drug, succinylcholine, in embalmed tissue taken eleven months after death.
“Does that seem possible?”
Alex said, “Katie, there’s absolutely no way the drug can be detected in the human body more than five minutes after it’s been administered, no less eleven months later. I think Fogarty has detected one of the chemicals in the embalming fluid, and not succinylcholine. The drug breaks down almost immediately into two compounds that are normally found in the body. Simple as that. I’ll be happy to help you if you decide to take the case. I know Jan will help too.”
Jan Emrich was Alex’s significant other. She was a former FDA employee who monitored drugs for safety while she was with the Agency. She was fired for whistleblowing about the dangers of one of the most widely-used drugs in the country. She was now teaching pharmacology at Wayne State University medical school. She was the smartest woman I’d ever known and we’d also become good friends. Hartley’s enthusiasm and promises of help from him and Jan helped me make up my mind.
I walked into Gary ‘s office and told him what I wanted to do.
“You want to do what?”
“I want to represent that guy, Steve Brandenburg, out in Dillon County.”
“The guy they captured in the South Pacific?”
“That’s the one.”
“That’s crazy. You know nothing about criminal law.”
I already knew that, but it seemed worse when he pointed it out. I took my usual track whenever I felt a bit of stress.
“Yogi Berra said, ‘if you can’t stand the heat, stay off third base.’”
Gary smiled. “Why do you do that?”
I grinned back. “Do what? Joke about baseball?”
“Yes. Every time you’re in a jam, you come up with a baseball joke.”
“Are you saying because I’m funny and love baseball and know nothing about criminal law, I shouldn’t take the case?”
Gary laughed. “You’re hopeless. I can’t imagine why you want to do this.”
“It’s right up our alley, an important drug issue.”
“I know about the case. Talk to Alex before you decide what to do.”
“I’ve already called him. He knows the toxicologist who did the tests, doesn’t think much of him. He also said that the drug could never be detected eleven months after it was given. If I get the evidence tossed, the case is over. No basis for a murder charge without the drug evidence. He told me that both he and Jan would help.”
Gary scratched his head. “How’d we get the case?”
“The lawyer who brought the case here knows absolutely nothing about drugs and he heard my talk in Ann Arbor last week. He’ll stay on the case. He can worry about the criminal law aspect. I’ll deal with the substance of the case.”
“Who’s going to pay us?”
“I’d like to do it pro bono. You’ve said pro bono work is good for the image of the firm.”
Gary stared at me for a long time, slowly shook his head. “From what I know, the guy is guilty as hell. You’re really sure you want to do this?”
I grimaced, and then nodded. “I set up dinner for us with Alex and Jan tonight. We can talk some more about it. Yogi said, ‘when you get to a fork in the road, take it.’”
“What in the hell is that supposed to mean?”
I smiled. “It’s simple. The decision whether to take this case is like coming to a fork in the road. So, I’m going to take it.”
Gary smiled back. “I think you make up stuff like that just to make people laugh.”
“You think I just made that up?”
“I do.” Gary laughed. “I’m trying to be serious about this decision, and you’re being silly.”
“I’m not being silly. I’m just following the advice of one of the best ballplayers who ever lived.”
***
At the Roma Café that night, I repeated my pitch to the small group.
Jan Emrich looked over the table at Gary.
“Alex and I went over the succinylcholine issue after Katie’s call this morning. The entire scientific literature on the subject is in her favor. Fogarty’s father is the biggest name in toxicology, a Nobel Prize-level scientist whose textbook is the standard textbook in forensic toxicology. From what Alex tells me, the son is just a professional whore who testifies mainly in drunk driving cases. He’ll testify for whoever hires him first, even if it contradicts something he’s said previously. The senior Fogarty’s textbook supports Katie’s position, and his son is going to have a hard time telling a jury that his father doesn’t know what he’s talking about.”
Alex nodded. “I agree. I told Katie this morning there’s no way possible that succinylcholine can be identified in embalmed post-mortem tissue eleven months after death. No way whatsoever.”
Gary held up his beer. “I’m feeling better about this. Let’s toast to Katie’s success.”
It was settled. Tomorrow morning, I would drive over to Dillon and dip my toe into the murky swamp of criminal law. To say I didn’t realize what was in store for me is too simple to be called an understatement.
Dillon, Michigan
June 29, 2008
Steve Brandenburg stared down at the prostrate form of his wife, Alison. She lay on her back on the ground. Blood seeped from the back of her head and pooled in the dirt. So much blood. He kneeled beside her.
“Alison…honey…can you hear me?”
No response. He shuddered and retched at the sight of the blood. He needed to act quickly but was frozen to the spot, seized by panic. A jumble of thoughts flashed through his mind. He took a deep breath, then another. He had to get help. He should go back to Harold’s place. That would be the fastest way. The horse might trample her if he just left her where she was. He forced himself to move, grabbed the reins of her horse and tied it to a low-hanging branch inside the wooded area. Moving an unconscious person was dangerous. He grasped Alison underneath both shoulders and carefully dragged her to the entrance of the wooded site. He hesitated for a moment, then mounted his horse and headed through the cornfields back to the Garmin farm in a dead run.
As he approached the house, Garmin was standing outside and saw him coming. He yelled.
“Goddammit. You’re ruining my crops. Slow down for Christ’s sake.”
Brandenburg stumbled off the horse as he got near.
“Alison fell from her horse. She’s hurt. Terribly hurt.”
“I’ll call an ambulance.”
“There’s no time. We’ve got to get her to a hospital quick. An ambulance will take too long. She’s bleeding too much.”
Garmin didn’t hesitate. “Let’s go. I’ll get my car keys.”
The two men jumped into Garmin’s car, and he drove to the wooded site. Alison was unconscious, lying on the ground. The head wound was bleeding profusely. Blood had pooled on the ground beneath her. Garmin glanced around the area and saw a large rock embedded in the ground covered with blood. The two men lifted her, carried her to the car and placed her in the back seat. Steve climbed in and gently placed her head on his lap.
Garmin looked back at Brandenburg. “We should go to Dillon General. They’ve got everything there.”
Brandenburg shook his head. “We don’t have time. Too far away. Go to Portland. It’s closer…a lot closer.”
Garmin shook his head. “I chopped my finger off a couple of years ago and had to wait three hours at Portland until they could scrape up a doctor. Nearly bled to death.”
Steve said, “Just go. We don’t have time to argue.”
Garmin drove fast, and they arrived at Portland Community Hospital in less than ten minutes. He laid on the horn as they rolled up to the emergency room. An orderly came to the car, took one look and went inside for help. He returned with a nurse and a gurney.
Steve yelled. “Hurry, please. She’s stopped breathing. Get a doctor!”
They rushed Alison into the emergency room and put her in a bay closest to the nursing station. The nurse started CPR while the orderly paged the house doctor. A doctor, a foreign-appearing, dark-skinned young woman, appeared and continued the resuscitation effort. She ordered Steve out of the room and he was directed by the receptionist to a waiting room.
After a few minutes, the doctor came out and walked over to Steve. She spoke in broken English.
“Your wife is dead. She died of a broken neck. I’m sorry.”
Steve was stunned. “Dead. She can’t be dead.” He put his head in his hands and cried. “We’ve been married for only ten months. This shouldn’t be happening.” Garmin sat next to him on the bench and put his arm around his shoulders. There was nothing to say. Both men were in shock. Steve gathered himself.
“Will you call my house and tell her mother to come?”
Garmin nodded and went to find a phone. Steve sat hunched forward, his hands on his face. He couldn’t stop crying. An occasional sob escaped his lips, shook his body.
A nurse approached. “A policeman needs to talk with you.”
Steve nodded.
The nurse gestured to the police officer standing at the nursing station. He walked over to Steve and sat next to him.
“I’m sorry about your loss. I have just a few questions. It’s our standard practice whenever there’s a death outside of a hospital.”
Steve wiped his face with the back of his hand, “Go ahead.”
“Tell me what happened?”
Steve took a deep breath. “She fell off her horse, landed on her back. Her head hit a large rock on the ground. She was knocked out. She was bleeding from her head…a lot.”
“Do you know why she fell?”
Steve shook his head. “It happened so fast. I’m not sure I know why. The horse was startled. She fell.”
“Had she been drinking…taking drugs of any kind?”
Steve shook his head again. “Nothing.”
The officer stood. “That’s all for now. I’ll get back to you if there’s anything else I need.”
Garmin returned. “I called. Alison’s dad is picking his wife up, and they’ll be here as soon as they can.”
When Alison’s parents arrived at the hospital, Charley Couzens couldn’t bear to be near Steve. He stood near the nursing station and grieved silently by himself. He’d grimace when Steve sobbed loudly. Too loud, Charley thought. It was phony.
He and his wife’s animosity toward Steve began almost a year ago when they were told that there was not going to be a family wedding for their only child, no white dress, no walking down the aisle, nothing of the Catholic traditional pageantry ingrained so deeply within the couple’s system of values.
Alison took Steve’s side on these issues. Before the couple had left for their Las Vegas wedding, her parents had ratcheted up the pressure on her. Steve was thirty-seven years old, too old for their twenty-six-year-old daughter, and not good enough for her. But nothing they could say or do stopped her from going forth with the wedding. The animosity directed toward Steve lingered after the couple returned home from the wedding and had never gone away.
A nurse approached the small group. “There’s never a good time, but I need to ask some more questions. I’m so sorry. What insurance does she have?”
Steve looked up. His eyes were red and his face tear-stained.
“My wife…is a nurse at Fort Wayne General. We have no insurance.”
The nurse nodded and wrote on a clipboard.
“Where would you want her to go? What funeral home?”
“She wants…wanted to be cremated. Where would…?”
Charley reacted. “Cremated? Not on my life. My daughter will not be cremated.”
Steve looked up at Charley whose face was beet red. “Alison and I talked about it. She wants to be cremated.”
Charley folded his arms and took a step toward Steve. “She’s Catholic for God’s sake. We don’t believe in cremation.”
Steve shook his head. “That is what she wanted.”
Charley moved in on Steve and wagged his finger. “The hell you say. We’re taking her home, and we’re giving her a proper funeral.” Charley looked at Harold Garmin. “Take him outside and talk some sense into him.”
Garmin stood. “Come on Steve. Let’s take a walk.” He took Steve by the elbow and walked him away from Alison’s parents.
They returned fifteen minutes later. Steve looked at Loretta and Charley. “I’m sorry to have upset you so much. You can make whatever arrangements you want for her, and I will not stand in your way.”
He extended his hand to Charley who ignored the gesture. Steve continued, “I’ll go tell the nurse.”
Dillon Michigan
January 12, 2016
I woke early and drove to Dillon. The trip was just ninety miles from Detroit but took longer than I expected because of a late night snowstorm that had turned into freezing rain. When I finally reached Dillon, my first impression was that I had driven back in time. The town felt almost like a movie set meant to depict the bygone charm of the 1950s or ‘60s. Downtown, a few blocks of brick storefronts lined the street, with old-timey signs advertising a few cafes and a hardware shop. Classic automobiles and rusty pickup trucks filled the parking spaces along Main Street as I looked for a place to park near the town’s main feature; in the center of town, an imposing courthouse and surrounding grounds stretched over an entire block.
A human-scale crèche stood on the lawn outside the courthouse. Christmas was four weeks past, but the holiday lights strung along its angel-topped roof were still lighted. I guess the city leaders didn’t quite absorb the Supreme Court’s message about religious displays on public property. I drove around the block a second time searching for a parking space. Finally, I found a spot a block away in front of a hunting and fishing store. A Confederate flag hung in its front window.
A dose of reality? In my excitement and quest to prove myself, maybe I hadn’t considered what I was really walking into. I’d read last night about how conservative Dillon was. To see those values on display in person, though, was a different matter.
I reminded myself why I was here. This was about justice and my burgeoning career in drug-related litigation. This was about my showing I could do this as well as, or better than, anyone else. I took several deep breaths to refocus and stepped out of my car purposefully. At the status conference, I was going to meet with both Judge Arnold Mossberg and Ed Foster, the Assistant Attorney General from Lansing, who had replaced the local prosecutor when the State took over the case shortly after Mrs. Brandenburg died. Mossberg was the only circuit judge in Dillon County. After the status conference was over, Dan Douglas and I would meet with Brandenburg in the jury room.
I walked into the lobby of the courthouse, checked the directory, the courtroom was on the third floor. The click of my heels echoed throughout the towering space as I ascended the three flights of the central marble staircase. I found Dan pacing outside the courtroom. His face brightened when he spotted me. He sighed.
“I’m glad you decided to do this. The judge has a hearing on a divorce case, and we’re up next,” he said, reaching out to shake hands. “Let’s go in and watch, and you’ll get a feel for Mossberg.”
In the courtroom, we took seats in the front row of the large galley for spectators. I looked around and felt my mood elevate. The spacious room was magnificent with its high curved ceiling and marble floor. Dark mahogany covered the walls, the jury box, and chairs. The judge’s bench perched high above the floor. I’d seen courtrooms like this in movies, but never in real life.
I spotted Ed Foster at the other end of our row seated next to a big handsome guy with a blonde crew cut. I knew that the blonde guy was Gary Somers, the Michigan State Police detective who pursued Brandenburg over the last seven years. I watched him last evening on the taped Unsolved Mysteries segment that Dan had left with me at our meeting. Somers was the hardboiled hero, the star of the program – and Steve Brandenburg, of course, was portrayed by an actor who played the evil villain role with mastery.
Foster looked to be in his mid-forties, overweight a good forty pounds, and had the puniest comb-over I’d ever seen; two long strands of hair made an unsuccessful attempt to mask his shiny bald head. His clown-like physical appearance made me smile, but I knew he was no buffoon. I’d Googled him last evening, and his credentials were impressive. He’d graduated from Harvard Law School, clerked for the chief judge on the federal Sixth Circuit Court of Appeals, and was the top trial lawyer in the office of the Michigan Attorney General for the past ten years. He’d won a number of high-profile trials that left no doubt in my mind he knew what he was doing. He was the “go-to” guy in the Attorney General’s office when a major case was to be tried. He will be a challenge, someone to not take lightly. I turned my attention to the proceedings in the courtroom.
In front of the bench, a man and woman stood apart from each other. The man’s lawyer stood next to his client. The woman had no lawyer.
Judge Arnold Mossberg, a thin, wiry man, with a narrow, wrinkled, unsmiling face, perched high above them. He had to be around sixty, and his pasty complexion suggested that most of his time was spent indoors.
Mossberg scowled at the small group and didn’t waste any time getting to business.
“What brings you this time?”
The lawyer said, “Judge, we’re back here to resolve a new issue that causes my client a great deal of concern. You may remember that my client’s wife – .”
“Ex-wife,” the woman interjected in a small voice.
Mossberg turned to the woman and glared at her. “Lady, don’t interrupt.” He pointed his index finger at her. “You’ll get your turn. Now let your husband’s lawyer say what he wants to say.” He turned back to the lawyer and nodded for him to continue.
“Thank you, Judge,” he said. “This is my motion to reconsider your disposition of the marital assets. You may recall that my client’s wife was awarded physical custody of the two minor children, as well as the use of the marital home as long as she remained single. It’s been brought to my client’s attention that his wife has a man living in the house.”
Mossberg looked at the woman reproachfully. “Is that true?” he prodded. “With children living in the home?”
The woman’s head and shoulders drooped, and she stared down at the floor. “I did have a friend stay over last weekend,” she answered. “The children were at my ex-husband’s house for their required visit.” She looked up to meet the judge’s eyes. “I’m a single woman, and I’ve done nothing wrong.”
The judge jerked upright. “I decide what is right and what is wrong in this courtroom. The house is in your husband’s name, right?”
“We bought the house together when we first married,” the woman answered in a shaking voice.
“That’s not what I asked you,” the judge scolded. “The house is in his name. Am I right about that? And where is your attorney?”
The woman bit her lip. “You ordered my ex-husband to pay my attorney fees…and he hasn’t. My lawyer says he can’t afford to work for nothing. My ex is also seven months behind in support payments. I can hardly feed my kids.”
The judge was unmoved. “The house is in your husband’s name?”
“The house is in my ex-husband’s name only because he wanted it that way.”
“Nevertheless, the house is in his name. Right?”
“Yes.”
“And you had a man over to spend the night in your husband’s house. Is that right?”
“While the kids were gone,” she pleaded.
Mossberg looked at the lawyer, unable to mask his irritation. “What do you suggest? What are you looking for?”
The lawyer cleared his throat and spoke. To me, he sounded like a preacher. “Judge, my client is concerned about the lesson this behavior, living in sin, teaches his children. I think you should make it clear to his wife that this type of conduct is unacceptable. If she wants to cat around, let her do it someplace else, but not in my client’s home. She has violated the spirit of your divorce decree. If she persists, I’ll have no choice but to come back and ask you to remove her from the house.”
Mossberg sneered at the woman. “He’s right. This type of conduct, sleeping around, is unacceptable. This is a warning. Next time, you lose the house. Is that clear?”
It took the woman a moment to recover from the judge’s verbal slap in the face. I watched as she helplessly tried to collect herself. She opened her mouth to speak a few times before she could find the right words.
“Judge,” she said, “the reason we got the divorce in the first place is that I caught him with a girl in our bed.”
Mossberg smirked. “You mean the bed in his house?”
The woman clenched her hands into two small fists at her side. Helpless. “The bed in our house, Judge.”
Mossberg ignored her comment. “I really don’t care what a husband does in his own home. If he wants to bring in the entire Miami Dolphins cheerleader squad, it’s his home. He paid for it, worked for it, and he can do what he wants. You should have your attorney here to argue for you.”
“I clean houses.” The woman’s voice hitched in her throat. “Everything I make goes to pay for my children’s food and clothing. I can’t afford to pay my lawyer. Can you tell my ex-husband to pay my attorney the money he owes him? As well as what he owes me?”
I couldn’t look away from the woman, but in the corner of my eye, I saw the ex-husband leaning to whisper in his lawyer’s ear. The lawyer nodded and then looked up at Mossberg.
“Judge,” he said, “my client has had some unexpected expenses. He recognizes he is behind on payments, but these expenses have made it difficult.”
The woman’s hands flew up in frustration. Her response came automatically: “This unexpected expense my ex-husband is crowing about is a brand new sixty-thousand-dollar Corvette.” She paused before she continued, struggling to keep her voice calm. “That damn car is taking food out of the mouths of my children, his children.”
Mossberg reeled back in fury. “Lady, you will not raise your voice or use that kind of language in my courtroom. You need someone here to represent you that won’t get quite so hysterical. If you can’t afford a lawyer, borrow the money. Understood?” He waited expectantly.
The shamed divorcee shook her head in disbelief.
Mossberg considered her, tapping his bone-thin fingers in a row and shaking his head. Disgust spread over his face with his final command. “I’ll hear this again in one month, lady. Get yourself a lawyer.”
What the hell is this? I could hardly process what I had just witnessed. What kind of hell is this?
I couldn’t just sit and watch this attack, not a second longer. I stood and approached the bench.
“Judge, I’m this woman’s lawyer,” I said, unflinching. “If my client and I could just take a few moments to confer, we can arrange for something immediately.”
Mossberg looked questioningly at the woman whose lawyer had just materialized out of nowhere.
“Is she right? Is this young woman your lawyer?”
The divorcee looked over at me in surprise, and I nodded at her. The wounded look in the woman’s eyes shifted from desperation and confusion to a flash of hope. The woman pulled in a deep breath and turned to the judge.
“Yes,” she said, regrouping. “Your Honor. This is my lawyer. I can’t take time off work to do this again. Can we please deal with this right now?”
“We will just need a few minutes, your Honor,” I added.
Mossberg leaned forward and examined me for a long moment that made my skin crawl.
“Who are you?” he said. “I’ve never seen you in this courtroom before. I don’t even know if you’re a lawyer.”
I straightened my shoulders. “Your Honor, I’m Katie Hornsby. And I’m appearing on behalf of…my client.” I should have known the woman’s name before I jumped into this. Too late for that now.
I shook off the thought and continued, letting my anger at the injustice be my guiding light: “I have just a few quick questions for the ex-husband about the purchase of his sixty-thousand-dollar Corvette while his children are going without food. I can do that even before I confer with my client. She shouldn’t have to wait another month before she can properly feed her children.”
The woman reached over and touched my hand. I saw tears shining in her eyes and smiled tenderly. What I want to do is give her a hug.
The man’s lawyer interrupted the moment.
“Judge,” he said, sounding shocked. “This is highly irregular. I haven’t had time to prepare my client to give testimony. I can discuss some type of temporary arrangement with her lawyer who has decided to show up, but we need at least a month…”
Mossberg pursed his thin lips together in a line and then nodded. “I’ll put your motion over one month, and I’d like to see you both back here…with lawyers. “Meanwhile,” he said, wagging his pointer finger like a stick at the lawyer, “you talk with her lawyer and have your client take care of his children for the next month as I ordered in the first place.”
Without pausing for a breath, Mossberg glanced down at his clerk and ordered her to call the next case.
The clerk stood: “People versus Steve Brandenburg.”
Mossberg rose to his feet in one swift motion. “I’ll see the lawyers on the Brandenburg case in my chambers in ten minutes.”
After the judge left the bench, I negotiated weekly payments to my new client for the next month. The man’s lawyer had twice called me ‘girl.’ The woman, Mollie Evans, wept and hugged me when I told her about the agreement. We exchanged phone numbers, and I promised to continue helping her.
Dillon Michigan
Same day
In the judge’s chambers, Mossberg’s eyes glinted as I walked in and took a seat at the table. He smiled humorlessly in my direction.
“Well, well. You again, young lady.” He laughed, took a long drag on his cigarette and exhaled in her direction.
What was it with this town? ‘Girl’ and now ‘young lady?’ I felt like I might explode. I glared back at him through the stench of the blue cloud. I didn’t flinch. Instead, I cleared my throat. It was time to set some ground rules.
“I’m Katie Hornsby. Mr. Douglas and I represent Mr. Brandenburg. I’m a member of the bar, and I expect to be treated as such,” I said, watched for his reaction and wondered how much I could push back. “I prefer not to be addressed as ‘young lady,’ Judge…unless you want me to call you ‘old man.’ No disrespect intended.”
Mossberg smirked. “A little touchy this morning, aren’t we?”
I sensed Dan’s body tense in the seat next to me.
Mossberg’s face darkened, “And you can call me Judge.”
I couldn’t tell whether he was angry or – more unsettling – amused. I didn’t care. I couldn’t believe how Mossberg just treated Mollie Evans being dragged into court because she dared to have someone over to her home.
I’d guess that my experience with Judge Mossberg was not going to be the highlight of my career, but I couldn’t fathom such a flagrant display of disrespect, not in this era. I thought back to my first impression of Dillon. Its old-fashioned charm had swiftly transformed into something much uglier, a place where the rules hadn’t changed since the 1950s. This elected official seated in front of me took pleasure in the public humiliation of women. I’d never seen or been treated with such disrespect by a person in power. It made my blood boil; it took every shred of control for me to calm my breathing and keep my head clear.
Mossberg eyed me, took another deep drag on his cigarette, and blew the smoke in my direction again. “People in my court have to earn my respect,” he said as if reading my thoughts. “I wouldn’t say you’ve started off on the right foot,” he added with an air of finality, mashing the cigarette butt in the large, overflowing ashtray on his desk. “Let’s get down to business.”
He looked at the lawyers: “Any plea discussions?”
In my four years as a lawyer, I found that moving cases off their dockets was uppermost in the minds of most judges. They’d let their mothers plead guilty to murder if it meant avoiding a trial. I didn’t expect Mossberg to be any different. I looked at Dan and gestured for him to answer the question.
He said, “Mr. Brandenburg is not interested in a plea agreement.”
An exasperated smile curled up at the corners of Mossberg’s mouth.
Foster shook his head. “The State is planning on trying this case. No deals have been offered.”
Mossberg glanced at a sheet of paper before him. “The trial date is already set. No adjournments. Witness lists will be exchanged in writing two weeks from today, a copy to me. If a witness is not listed, they cannot be called at trial. Exhibits will be exchanged and marked two weeks before trial, a list of exhibits provided to me. No exceptions. If not listed, no use at trial. I don’t like surprises. Every motion must be in writing, preferably one week in advance. I will conduct the voir dire examination of the jury, and neither side will ask questions directly of any jury member. Each side can submit a list of no more than fifty questions for potential jurors one week before trial starts.” He paused a beat and added a final piece of guidance. “I will decide what questions are appropriate.”
An alarm went off in my mind. “Judge, are you saying that we won’t have an opportunity to question potential jurors at all?”
Mossberg looked at me, “That’s exactly what I’m saying. You lawyers abuse the right to question jurors. You argue your case instead of asking questions. I won’t permit that in my courtroom.”
I made a note. I had to think about the judge’s procedure which was at odds with my prior experiences. I also had to talk to Gary.
“Judge,” I said, “before we get into more specifics about the trial, there are some preliminary issues that you need to determine. I request a date for an evidentiary hearing on the admissibility of the drug test results, and I will also be filing a motion for change of venue.”
Mossberg looked at Foster. “How long do you expect your proofs to take?”
“About two weeks, Judge.”
Mossberg raised his eyebrows. “And you?” The loose skin of his jowls trembled as he turned his head to me.
“The same,” I answered. “Unless the case is dismissed by my motion.”
The judge let out a chuckle. “Dismissed? I’ve never dismissed a criminal case since I’ve been on the bench. I believe in letting the jury decide the facts, just like it says in the constitution.” Mossberg shook his head and continued, “I’ve never tried an entire case that took longer than a week. But, I’ll make an exception here. Both of you plan on one week each. Clear?”
Foster nodded. I hesitated for a moment, then nodded.
Mossberg shot me a look. “What else?”
“I’ll need a date for my motions,” I pressed. “Unless what you just said is your version of ruling on a motion.”
“You really are touchy this morning. Can’t take a joke?” Mossberg smirked.
Joke? Whatever you said that you think was a joke wasn’t funny, asshole. I bit my lip. If my client’s life wasn’t at stake, I’d have told the judge off, walked out the door and never stepped foot again in Dillon. I kept my mouth shut.
The judge sighed loudly.
“You can have your motions heard next Wednesday.”
My jaw dropped. He really is trying to screw with me.
“Judge,” I said, “That’s less than a week. I’ll need time to prepare after I get the state’s materials.” I checked my notes for the long list of work ahead of me that I made last night. “I’ll also need some discovery, Judge. The police report, everything. That includes anything that Dr. Fogarty has done, so I can prepare for my motions. I’ll need at least a month.”
Mossberg managed a subtle eye roll and turned to Foster. “How big is your file? How much is there?”
Foster threw two fat-fingered hands into the space around him. “Nearly fills a room, Judge. It’ll take some time to get it copied. Who’s going to pay?”
“That’s a good question.” Mossberg looked at me and smirked. “Who is paying? Can’t be the defendant. Mister major-airline-chief-pilot claims he’s indigent. I expect you to arrange for payment. I’ll hear your motion in four weeks. Get the date from my clerk before you leave today.”
Now the judge wants me to foot the bill. He’s making this as difficult as possible. “Judge, I’m appearing pro bono and am working with Mr. Douglas who you have appointed because our client is indigent,” I protested. “The prosecution should bear the cost because Mr. Brandenburg is indigent.”
Mossberg clapped his hands together, “Pro bono means ‘for free.’ You intend to burden the taxpayers with the cost of defending your client? That’s not acceptable.”
Keep calm. I sucked in a deep breath before I spoke.
“I am afraid you miss the point of pro bono representation, Judge. I’m providing my professional services free to my client, not to the state who’s trying to send him to prison for life.”
Mossberg gave me a pointed look over the top of his bifocals. “Anything you want copied, you will pay for. You can bring that up on appeal if you lose the case.”
I looked down and pretended to study my notes. “I’ll submit the bill to the state for payment,” I said, without looking up. I didn’t think I could bear another look at him without raising my voice. I took another deep breath. “Next, Judge, I’d like to interview each witness the State is planning on calling.”
Foster stared hard at me. Is he sizing me up, too? “They don’t have to talk to you, you know,” he said, finally.