get.”
“Are you really going to ask for the death
penalty?”
“Absolutely. The gangs have run rampant in this
city for too long. They need to learn what kind of punishment awaits them if
they continue unchecked.”
Juliet bit her lip, worrying it between her
teeth. Jake wondered if Wetherby realized how much the death penalty seemed to
bother her, and if it would keep her from testifying. Then something else
Wetherby said registered with him.
“Wait, did you say preliminary hearing? Why not
a grand jury?”
“It’s a bit complicated…” Wetherby started to
say, but Juliet quickly interrupted him.
“I don’t understand. I thought the arraignment
and preliminary hearing were the same thing?”
Jake shook his head. “No, the arraignment is
simply where they plead guilty or not guilty and the judge sets bail. The next
step is either a preliminary hearing or a grand jury to determine whether or
not the prosecution has enough evidence to continue on to trial.”
“What’s the difference? Why do you want Mr.
Wetherby to use a grand jury?”
“All the proceedings in a grand jury are
completely secret by law. Neither
Martinez
nor his lawyer can be in the room when you testify, so they wouldn’t hear what
you have to say. A preliminary hearing is more like a mini-trial, meaning both
of them would be there. And it’s in an open courtroom, so other members of his
gang could attend too, if they wanted. It’d be much safer for you to testify in
front of a grand jury.”
Jake turned his attention back towards Wetherby.
“She doesn’t have to let that bastard hear how strong a witness she is. If he
wasn’t motivated to kill her already that could definitely trigger more
action.”
“I know you’re used to federal courts, Agent
Parker, but here in
California
we rarely use grand juries.”
“So what? Make an exception.”
Wetherby shifted in his seat, not quite meeting
Jake’s eyes. “Well, you see, technically in this state, grand jury testimony is
admissible at trial if the witness dies by anything other than natural causes.
But defense attorneys almost always get that overruled by citing the
defendant’s Sixth Amendment right to confront all witnesses against him. Since
in a preliminary hearing the defendant is present his attorney has the opportunity
to cross-examine Juliet. That means all preliminary testimony is admissible if
a witness isn’t available to testify.”
Jake grew quiet, his eyes narrowing at Wetherby.
“Let me get this straight. Instead of going for a confidential indictment and
protecting Juliet, you want to make sure that if they do succeed in killing her
your fucking case can still go forward?”
“You know
that’s not the case.”
“It damn well better not be.”
Juliet put a hand on Jake’s arm, but he shook it
off.
“I’m calling the office this instant to get this
kicked up to a federal case. You’re too fucking incompetent to handle it.” Jake
whipped out his cell phone.
“Agent Parker, I understand your frustration,
but please hear me out. Defense attorneys all know that preliminary hearing testimony
can be admitted at trial. There’d be no point for
Martinez
to try to kill her after she’s
spoken on the record.”
“Yeah, like a fucking gang banger is going to be
up-to-date on current evidentiary laws. And you and I both know a good defense
lawyer can still make a case to get testimony thrown out when a witness isn’t
around.”
“Do you really think
Martinez
can afford a defense attorney of
that caliber?”
“Are you really willing to take that chance? Her
life is in serious danger. Just look what happened last night, for Christ’s
sake.”
The two men glared at each other. Wetherby broke
eye contact first, turning away from Jake towards a visibly terrified Juliet.
“Juliet,
please don’t misunderstand me,” Wetherby assured her. “I have every intention
of keeping you safe and secure for as long as necessary.
California
has one of the
“Are you really going to ask for the death
penalty?”
“Absolutely. The gangs have run rampant in this
city for too long. They need to learn what kind of punishment awaits them if
they continue unchecked.”
Juliet bit her lip, worrying it between her
teeth. Jake wondered if Wetherby realized how much the death penalty seemed to
bother her, and if it would keep her from testifying. Then something else
Wetherby said registered with him.
“Wait, did you say preliminary hearing? Why not
a grand jury?”
“It’s a bit complicated…” Wetherby started to
say, but Juliet quickly interrupted him.
“I don’t understand. I thought the arraignment
and preliminary hearing were the same thing?”
Jake shook his head. “No, the arraignment is
simply where they plead guilty or not guilty and the judge sets bail. The next
step is either a preliminary hearing or a grand jury to determine whether or
not the prosecution has enough evidence to continue on to trial.”
“What’s the difference? Why do you want Mr.
Wetherby to use a grand jury?”
“All the proceedings in a grand jury are
completely secret by law. Neither
Martinez
nor his lawyer can be in the room when you testify, so they wouldn’t hear what
you have to say. A preliminary hearing is more like a mini-trial, meaning both
of them would be there. And it’s in an open courtroom, so other members of his
gang could attend too, if they wanted. It’d be much safer for you to testify in
front of a grand jury.”
Jake turned his attention back towards Wetherby.
“She doesn’t have to let that bastard hear how strong a witness she is. If he
wasn’t motivated to kill her already that could definitely trigger more
action.”
“I know you’re used to federal courts, Agent
Parker, but here in
California
we rarely use grand juries.”
“So what? Make an exception.”
Wetherby shifted in his seat, not quite meeting
Jake’s eyes. “Well, you see, technically in this state, grand jury testimony is
admissible at trial if the witness dies by anything other than natural causes.
But defense attorneys almost always get that overruled by citing the
defendant’s Sixth Amendment right to confront all witnesses against him. Since
in a preliminary hearing the defendant is present his attorney has the opportunity
to cross-examine Juliet. That means all preliminary testimony is admissible if
a witness isn’t available to testify.”
Jake grew quiet, his eyes narrowing at Wetherby.
“Let me get this straight. Instead of going for a confidential indictment and
protecting Juliet, you want to make sure that if they do succeed in killing her
your fucking case can still go forward?”
“You know
that’s not the case.”
“It damn well better not be.”
Juliet put a hand on Jake’s arm, but he shook it
off.
“I’m calling the office this instant to get this
kicked up to a federal case. You’re too fucking incompetent to handle it.” Jake
whipped out his cell phone.
“Agent Parker, I understand your frustration,
but please hear me out. Defense attorneys all know that preliminary hearing testimony
can be admitted at trial. There’d be no point for
Martinez
to try to kill her after she’s
spoken on the record.”
“Yeah, like a fucking gang banger is going to be
up-to-date on current evidentiary laws. And you and I both know a good defense
lawyer can still make a case to get testimony thrown out when a witness isn’t
around.”
“Do you really think
Martinez
can afford a defense attorney of
that caliber?”
“Are you really willing to take that chance? Her
life is in serious danger. Just look what happened last night, for Christ’s
sake.”
The two men glared at each other. Wetherby broke
eye contact first, turning away from Jake towards a visibly terrified Juliet.
“Juliet,
please don’t misunderstand me,” Wetherby assured her. “I have every intention
of keeping you safe and secure for as long as necessary.
California
has one of the
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