“If we deemed every lawyer fresh out of college as inadequate, imagine all the criminals that could come forward and have a case for dismissal.”
Focus, Luna.
“As you can see from my filing, it’s not just the lack of experience, Your Honor. I laid out the different objections and the different procedures that should have been followed and weren’t. In addition to that, new evidence is coming to light that I believe will exonerate Mr. Payne.”
“This is your father, yes?”
“It is.”
“Do you not believe you may have a biased slant?”
“I believe I’m the only person looking at the evidence with enough passion to care if it’s correct.”
By the tightening of the judge’s jaw, I could tell that offended him. Judges and lawyers didn’t like it very much when we claimed other people screwed up. It left a stain on the justice system when somebody inside of it pointed out its flaws.
“Your Honor”—I cleared my throat—“a man has been in prison for over nineteen years for a crime he did not commit.” I pulled my eyes away from the damn threat and straightened my spine. “I’ve laid out the specific points where counsel was ineffective in that hearing, and I have shown a reasonable probability that, but for the counsel’s unprofessional errors, the result of the proceeding would have been different.”
The judge looked at the clock that ticked away on the wall. “Are you prepared to lay out your evidence today?”
That’s not a dismissal.
Hope took flight, but I tried to tame it; the judge could be going through the motions here.
“I am, Your Honor, but I am waiting on one lab report that should arrive shortly.”
The judge’s annoyed stare snapped to me.
“You didn’t have the resultsbeforeyou filed the motion?”
“The evidence came into my possession two days ago,” I said, my heart jumping into my throat. The testing was taking longer than Barry hoped, as was the second review of the autopsy findings, but he was close. The problem was, I still didn’t know if it would give us anything definitive. “But I’m prepared to proceed without it if needed.”
The judge’s chest puffed out as he continued examining the papers in front of him. With how quickly this got moved up, maybe the judge hadn’t had time to review everything as thoroughly as he normally did.
“This is extensive.” He glanced at the clock again, his lips pursed. His caseload had to be considerable today, what with his sudden time off next week.
Time that might give the person threatening us more runway. I stared at the envelope, biting my lip.
“There’s something else, Your Honor.” I lifted the letter. “I’ve been receiving death threats, warning me to drop this case. This is the second letter I have received. This one threatens Mr. Payne’s life.”
My dad’s eyes widened, his pupils dilating as concern surged through them, quickly followed by a fiery glint of anger.
“Why didn’t you tell me?” he whispered.
“I didn’t want you to worry, but now they’re threateningyourlife,” I whispered back.
The rustling of people shifting behind me, including Hunter, signaled them sitting up straighter.
The judge motioned for the bailiff to bring him the letter and looked it over.
After a couple of tense minutes, the judge cleared his throat, looked at me, looked at my father, and said, “I will grant the hearing to explore these arguments for a new trial.”
Oh my god.
“Bailiff, hand this note back to Ms. Payne so she can get it to detectives,” he said. “In the meantime, for the defendant’s safety, he shall be incarcerated in solitary confinement until such a hearing can commence.”
A knot of unease tightened in my intestines. I wanted Dad to be safe, so solitary was the right answer. It was also psychologically damaging to be alone in a cell, though, separated from all the other inmates, twenty-four hours a day, seven days a week.
“Court will set this hearing for a week from Monday.”