Page 28 of Hard to Kill

“Who you calling old, Kevin?”

That gets a rap of the gavel. Today even that is music to my ears.

“Ms. Smith,” Judge Kane says. “We’re all aware what a noted wit you are. Save it for when you’re back outside and addressing the media.”

“Now it’s my turn to apologize, Your Honor. It won’t happen again.”

Well, we all knowthat’sa lie.

“I’m well aware that you’re not much for boundaries,” the judge continues. “Justyoube aware that I’m a bear for them.”

Less than five minutes in and I’m not just back on the ice, I feel like I’m on my way back to the penalty box.

As I listen to Ahearn, I’m reminded all over again what a good lawyer he is, even if I did take him to the place Jimmy calls Beatdown City the last time we faced each other. He still has that commanding courtroom voice, and presence, and good timing, even playing to a jury of one today.

He’s also playing a much stronger hand than mine.

Maybe everything oldisnew again.

“I understand, Your Honor,” he says, “that the defendant’s previous trial should, by law, have no bearing on this one. But as we all know, that’s a mere legal distinction. Because how can the fact that the previous charges against himwerefor equally hideous crimes possibly be considered irrelevant to the matter we’re here to discuss, however a previous jury found?”

He walks over and sits down on the railing in front of the empty jury box, dropping his voice down a couple of notches, turning his tone conversational, as if he and Judge Kane are the only ones in the room.

“This manwaspreviously accused of murdering a father, a mother, a teenage daughter. A daughter, as a witness testified in open court, with whom the defendant was having a wildly inappropriate relationship before her death.”

“Objection,” I say.

“No objecting today, Ms. Smith.” She shakes her head, slowly, almost sadly. “No sustaining, no overruling. But you know that, don’t you? This is abailhearing, not a trial. So please don’t interrupt again.”

“Sorry, Your Honor.”

“If you’ve already had to apologize twice, we’re not really off to a good start, are we?”

This is Killer Kane, in full. I did a lot of reading about her on the plane, after I finished writing out the remarks I’m about to make. I know she’s someone you don’t want to antagonize, but sometimes I can’t help myself. My pop used to tell me that no maple tree he ever saw ever turned into an oak.

“In conclusion,” Ahearn says, “let me remind the court that this man is about to stand trial for a second triple homicide—same MO as the first one. How many times has something like that ever happened in this country’s justice system?Never. And never will again. So we aren’t just talking about a potential flight risk here. We’re talking about a potential serial killer. For those reasons alone, bail should be denied.”

He is walking back to his table when he stops and points a finger at Rob Jacobson.

“You’ve heard the expression about locking up your daughters, Your Honor? This man makes us want to lock up whole families, until the state locks him up for good.”

You done good, Kevin,I think.

You’re just not as good as me.

TWENTY-TWO

I DON’T WANT THE last words Judge Kane heard from Ahearn to hang in the air for a moment longer. So I come in hot, making my voice louder than it needs to be.

“Opposing counsel makes it sound as if my client is being charged, in front of this court, with six homicides. Only he’s not. My client stands accused—falsely, I might point out—of three murders, for which he will eventually be acquitted and for the best possible reason: Rob Jacobson didn’t kill any of these people, because he’s never killed anybody in his life.”

I take it down a notch now, reminding myself toslowdown, not get ahead of myself, not sound as if I’m trying my whole case in the next few minutes.

“I don’t need to remind Mr. Ahearn, as painful as such a reminder might be to him, that Rob Jacobsonwasacquitted by a jury of his peers in that first trial. Lo and behold, he wasn’t guilty until proven innocent, as Mr. Ahearn wanted him to be, when all the facts came to light.”

I’m pretty sure I hear Ahearn say, “What facts were those?” to Maggie Florescu, but the judge doesn’t hear him. Or doesn’t care, maybe because she likes him better than she likes me. Wouldn’t be the first time. Probably won’t be the last.

As long as I last.

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