Page 9 of Pursuit of Happiness

“Sounds like. Hey, I heard you’re the new attorney on the Barkleycase. That’s mine.”

Stevie breathed a sigh of relief. She and Emily had startedworking in the District around the same time, and even though they were alwayson opposite sides, she’d developed a healthy respect for her as a prosecutor.“Are you seeking to detain him?”

“Yes, pending the report from pretrial services. I heard herefused to give an interview. Is that still true?”

Any hope her client had reached out to pretrial services sinceshe’d met with him this morning vanished. Without the interview, there would beno report detailing family history, ties to the community, prior offenses,etc., for the judge to consider in his decision about whether to set bondconditions so Barkley could be free pending trial. “Unfortunately, yes, but I’mhoping Judge Solomon can scare him a bit and maybe he’ll come around. Would yoube agreeable to holding over the hearing another day if I can get the interviewscheduled?”

Emily frowned. “Personally, I don’t have a problem with it, butStine is making us take a hard line on these cases. In fact, I’ll tell you nowthat the only way we’re going to work anything out at all is for him to rollover on someone. Someone big.”

Stevie had heard that Stine, the US Attorney for DC, hadinstituted some tough new rules for his staff, but this was the first timeshe’d run up against them. “Yeah, well, considering he won’t even tell pretrialhis name and whether or not he’s married, I think you’ll have to get your bigfish from someone else’s line. Can you at least get me early discovery? Maybe Ican use what you’ve got to nudge him into talking to me.”

“I’ll do what I can. I’m waiting on some forensics from thecomputer guys that I’ll need for grand jury. As soon as I’ve had a look at it,I’ll give you a shout.”

“Deal.” It was the best Stevie could hope for. She wasn’tentitled to see anything other than what was contained in the arrest affidavityet since the case hadn’t been indicted, but without something definitive, shewasn’t sure how she was going to get Barkley to talk to her.

Judge Solomon’s courtroom was milling with attorneys when shewalked in. Most of them were crowded around the jury box where their clients inorange jumpsuits were leaning forward, giving their best pitch for why theyshould be allowed to change back into street clothes and get back to theirlives. The attorneys whispered details about how the hearing would go and tooknotes on all the reasons why their clients were upstanding citizens unfairlytrapped in the oversized net of government overreach. She spotted Barkley seatedapart from the rest, looking curiously nonchalant, like he was waiting for atable in a restaurant instead of waiting on a judge to decide his fate. Sheslid into the seat next to him.

“I heard you still haven’t talked to pretrial services.”

He nodded.

“Without a report from them, the judge is going to keep you incustody, and since you refuse to talk to me while you’re in custody, I can’thelp you with your case. Plus, if you don’t complete a financial affidavit, thejudge is going to make you hire an attorney. See how this works?”

“It doesn’t.”

Pleased she’d gotten something more than a nod, Stevie pressedon. “You’re right about that.” She leaned in closer. “Everyone in this room isfocused on their own problems. No one is listening to us. Now would be aperfect time for you to tell me what you weren’t comfortable saying back at thejail.”

He shook his head. “There is no safe place.”

“There has to be.” She uttered the words more forcefully thanshe’d planned, but she was growing tired of his games. “Look, if you really didsend classified information to the news, you don’t strike me as the kind of guywho has a problem spilling his guts. We can talk about the case later. All Iwant to know now is enough information to get you released on bail.”

His look was sympathetic, but his reply was still vague. “Becareful what you wish for.”

Before she could respond, the bailiff entered the room and calledfor them to rise as the Honorable August Solomon took the bench. As judgeswent, Solomon was fair and even-tempered. Stevie hoped he would remain so whenhe found out her client had snubbed pretrial services. When Solomon called hercase, she approached the podium with Emily while the bailiff directed Barkleyto a seat at counsel table.

“Good afternoon, Ms. Palmer,” said Solomon. “I understand yourclient opted not to be interviewed by pretrial services.”

Stevie shot a look at Barkley who sat staring straight ahead.“That’s correct, Your Honor.”

“Does the government have a position on this matter?” Solomonasked Emily.

“It’s our position that the defendant should be held pendingtrial. He shared classified information from his employer with news outlets inflagrant disregard to whether doing so might compromise the safety of lawenforcement personnel or government security. And because he has refused toconsent to an interview with pretrial services, we do not have sufficientinformation to evaluate whether bail would be adequate to ensure hisappearance.” Emily finished her spiel and glanced over at Stevie with a semi-apologeticlook, but the damage was done. Stevie didn’t blame her for doing her job, butshe wished she’d drawn a less qualified opponent.

“Defense counsel, please approach,” Solomon said. He waited untilStevie was standing right in front of the bench and lowered his voice. “Ms.Palmer, your predecessor on this case mentioned to me he might be filing amotion to have Mr. Barkley examined for competency. Do you plan to file such amotion?”

Stevie looked back at Barkley who continued to stare straight aheadas if nothing happening in this room really concerned him. Her gut told hersomething was off, but nothing he’d done so far was a clear sign ofincompetence. “Judge, I just met with Mr. Barkley this morning. I have noimmediate plans to file such a motion, but I’d like to keep my options openuntil such time as I’ve had a chance to spend more time with him.”

“I understand, but I don’t want to be in the position ofcontinuing trial dates because we’re shipping him off for an evaluation,especially since I have no plans to release him on bond pending trial. Pleasedo whatever you have to do to speed up your decision and let me know what youdecide within the next two weeks.”

“About that, Your Honor.”

“Yes?”

“Mr. Barkley hasn’t filled out a financial affidavit, which Iimagine stems from the same reluctance he has to talking to pretrial services.For all I know, he might be considering retaining other counsel.”

“Go ahead and step back, and I’ll handle this.”

Stevie was barely back to counsel table before Solomon startedadmonishing her client.

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