Chapter 37
Caldas swiped off her sunglasses as she approached.
“You must be the poor sucker Adewale assigned the Brooksfield case. Nova, was it?”
Euclid held out a hand for Caldas to shake. “Nova Euclid.”
Caldas gave her hand a pump. “Let me guess”—-Caldas began polishing her sunglasses with a satin neck scarf—-“you’re gonna ask me to drop some of these motions?”
Euclid practiced her best contemptuous smile.
“Well, you’ve been ignoring my emails. I think we can both agree that the motion to suppress evidence is brought on extremely questionable grounds.
Judge Horton is easily annoyed by frivolous motions.
I would urge you to reconsider making some of the arguments you brought up—-at least for the sake of your client.
I’m sure there’s an agreement we can come to. ”
“I’ve appeared in front of Judge Horton more times than you’ve appeared for trial, Ms. Euclid. When did you pass the bar? Last year?”
Euclid tried not to bristle. She had moved up fast in the DA’s office, and digs at her age were fairly commonplace.
“I know the judge would prefer if we work this out between us,” she said.
“The motion for change of venue is also unsound. There’s been little publicity denigrating your client, certainly not enough to warrant a change of venue—-”
“Let me save you the trouble,” Caldas interrupted.
“I am not going to be dropping any of these motions. That absolute shit show of an arrest was not only embarrassing for the Eagle County DA’s office but it was terrifying for my client.
Not to mention she is injured because of it.
I have body--worn camera footage to prove it. ”
“If you had informed your client about our request to surrender herself, the arrest would not have been necessary. You put her at risk—-”
“I’m sorry that this is your first high--profile case, because it will certainly be your last after I’m done with you.”
Caldas stalked past her and into the courtroom.
Euclid gritted her teeth. She had heard that Caldas was unfriendly, but it was another thing to experience it.
She also understood that most of it was for show and not personal.
She followed her inside. Within moments, Judge Horton arrived in a flurry of black robes.
“Counsel.” His eyes landed on Euclid. “Ah, Ms. Euclid. Glad to see you in my courtroom again.”
From the corner of Euclid’s eye, she watched with satisfaction as Caldas tensed.
“Thank you, Judge. Glad to be here.”
Judge Horton called the court to session.
Behind them, Margie Brooksfield—-accompanied by her husband, Paul—-filed in.
Margie took her place beside Caldas, Paul taking a seat in the gallery.
Margie looked gaunt and fidgety, her eyes dark.
A smattering of press and the public had been allowed in the courtroom, taking up most of the seats.
“So we are hearing”—-Judge Horton whistled between his teeth—-“five motions today. I will hear argument for the motion for discovery of law enforcement conduct now. Ms. Caldas?”
Caldas stood and clasped her hands behind her back.
Euclid’s fingers tightened around her briefcase as she noticed Adewale slide into the back of the courtroom.
If she performed badly during this hearing, it could impact her career.
Or if she lost the change of venue motion, the case would be ripped from their hands and given to another county.
Adewale didn’t play when it came to high--profile cases.
Caldas began her argument. She looked comfortable and assured in the courtroom, using small hand gestures as she spoke.
“Your Honor, the arrest of my client was a complete and utter disaster, and we need to determine if a violation of her rights occurred. She is suffering from a persistent cough, a swollen throat, and blurry vision as a result of being tear--gassed by the arresting officers. The gate to her ranch burned down as a result of this arrest. It is essential that the defense be given the information requested in our motion, including Internal Affairs files, disciplinary records of officers involved, and time to investigate whether there are undocumented incidents of aggressive or unprofessional behavior by those officers during prior arrests.”
Caldas rapped the defense table as she spoke the last part, the sharp noise reverberating around the courtroom. Euclid could see she was a pro at acting pissed. The performance appeared to be working. Judge Horton nodded as if in agreement with her.
“That is very concerning indeed. I’ve watched the body--worn camera footage, and it is shocking, to say the least. Ms. Euclid, your response?”
Shit, Euclid thought. This wasn’t starting well.
She had originally planned to argue this was an inappropriate request that was overbroad, and that personnel records were confidential—-who knew what bullshit Caldas could rustle up and try to throw her way—-but her gut was now telling her not to make that argument.
It was a risk, and the police department wouldn’t be happy with this at all, but she knew Judge Horton.
She had to trust herself and build credibility with the court so she could win her other motions.
She steeled herself. “Your Honor, I am willing to withdraw my opposition to this motion, as long as we limit the scope of the request only to the officer who deployed the tear gas and the ones involved with physical contact with the protesters. Asking for records on every single officer involved is overbroad.” She turned and shot Caldas her best friendly smile.
“If Ms. Caldas will work with me on this.”
Judge Horton raised his eyebrows in approval.
Caldas scowled. “Absolutely not.”
“Ms. Caldas, I am inclined to grant your motion for discovery of police conduct but with the scope limited as Ms. Euclid suggested here.
Ms. Euclid is being very generous with her offer, and I suggest you take it.”
Like Euclid had hoped, Judge Horton was souring slightly at Caldas’s aggressive demeanor. Being an overly zealous advocate worked in most courtrooms, but not this one. To Caldas’s credit, she seemed to sense the change of Judge Horton’s demeanor.
“Very well, but if we cannot agree on the scope, I would ask that the court revisit this issue,” Caldas said, suddenly warm again, but the tightness of her jaw gave away her true feelings.
Judge Horton nodded. “Let’s move on. After reading your pleadings, I am inclined to deny the motion for a gag order.” He shot Caldas a somber look. “You may make an argument, Ms. Caldas, if you’d like.”
The last sentence was tinged with warning.
Caldas’s non--collaborative approach had irritated him.
Euclid pretended to stack papers to the side of the table, turning her body in order to see Adewale’s reaction.
She could see her mouth turned up slightly at the edges in the faintest of smiles from where she watched in the back of the courtroom.
If Euclid won the change--of--venue motion, she would be in the green. Better than in the green.
“Your Honor,” Caldas said, “as is documented in the exhibits I submitted, the press is frothing at the mouth with this case. The viral video taken of Castillo’s dismembered remains have been shared everywhere.
The pretrial publicity for this case is off the charts and will greatly prejudice Margie Brooksfield if the gag order is not granted. ”
Judge Horton’s brows drew together.
“But—-” Caldas added hastily. “I defer to the court’s decision.”
“Thank you. I am denying the motion for the gag order. Lastly, I will be delaying the motion for dismissal for violation of due process until discovery is done.”
Caldas took a deep breath. “Very well, Your Honor. I submit to the court’s decision on those motions. However, I would like to be heard on the motion for change of venue.”
Euclid tensed. This was the key point: They had to keep the case in Eagle County. She watched as Adewale leaned forward, intently watching the proceeding.
“You may proceed with your argument, Ms. Caldas.”
“Your Honor, Eagle County is not an appropriate venue for my client. For one, the local media has completely railroaded Mrs. Brooksfield. If you would take a look at exhibit A—-”
Caldas pulled up a photograph of protesters outside of the Brooksfield Ranch holding up signs that said LOCK HER UP and FRAUDSTER. Euclid’s mouth pulled down in a frown as she read BITCH JEZEBEL with a picture of Mrs. Brooksfield that looked like it had been pulled from her LinkedIn profile.
“It will be impossible to ensure an impartial jury pool if selected from Eagle County.” Caldas clicked to the next slide, which was an exhibit of the front--page story from the Eagle County News.
A sensationalized headline, MARGIE brOOKSFIELD: MURDERESS AND FRAUDSTER OR GOOD CATHOLIC?
was splashed across the top, accompanied by an unflattering black--and--white photo of Brooksfield in handcuffs exiting a black SUV.
“The media coverage is inflammatory and widespread and certainly would prejudice my client. Just take a look at this photo—-is the media trying to portray an innocent person here? Furthermore, there is a leak from either CBI or the sheriff’s office that released my client’s name as a suspect even before her arrest. The incompetence and mismanagement by Agent Cash and Sheriff Colcord is overwhelming. ”
Caldas continued, pulling up the various news stories that had run about Margie Brooksfield on the pull--down screen to show the court.
The exhibits painted a narrative that was sometimes inaccurate and sometimes provocative.
Sensationalistic and shocking headlines meant to grab attention rather than report facts flashed across the screen.
Caldas pulled one up that was clearly from the National Enquirer.
At that point, Euclid realized Caldas had made a serious misstep. “Excuse me, Your Honor, but it looks like this exhibit has cropped out the name of the newspaper it comes from.”
Caldas scrolled up to reveal the National Enquirer banner.
“I hardly need point out,” Euclid said, “that the National Enquirer is not a local Eagle County source.”
Judge Horton’s lips thinned in disapproval. “Noted,” he said.
Nevertheless, Caldas forged ahead, showing a parade of more news stories featuring Brooksfield before ending her argument.
“Defense counsel has made its point,” said the judge. “Ms. Euclid, your counterargument?”
“Thank you.” Euclid swallowed, standing. She could feel Adewale’s eyes on her, and she needed a win after the disastrous arrest.
“Your Honor, the defense has the burden to prove three elements. One, that the publicity is widespread. I think we can all agree that the publicity is, indeed, widespread.”
Caldas raised her eyebrows in surprise from her seat at the defense table and leaned over to whisper with Brooksfield.
“The second element, that at least some of the publicity is inaccurate and inflammatory, is also met, as I’m sure you can tell from Ms. Caldas’s exhibits.”
“Counsel, no need to make defense’s argument for her.” Judge Horton gave a low chuckle.
“I appreciate the concern, Your Honor.” Euclid smiled. “However, the third element is where Ms. Caldas fails to meet her burden of proof.
Ms. Caldas must thirdly prove that the pretrial publicity has caused widespread belief of the defendant’s guilt within the potential jury pool in Eagle County.
This element has certainly not been met.
Quite the opposite, actually. The news stories surrounding the Brooksfield case are overwhelmingly in her favor.
Furthermore, as defense counsel proved with the National Enquirer exhibit, the news stories being read by potential jurors are so widespread that a change of venue would not resolve the alleged prejudice that Ms. Caldas claims her client will suffer.
Lastly, it is believed that Javi Castillo’s murder occurred in Eagle County.
The witnesses are located here, and so is the evidence. ”
Judge Horton nodded. “Thank you, Counsel.” He turned to Caldas, and Euclid held her breath in anticipation. “While I appreciate your arguments, I do not feel as if a change of venue would properly address any prejudice felt by the defense—-”
Sudden commotion from behind Euclid caught Judge Horton’s eye, and he stopped. Euclid whipped around. Paul Brooksfield was standing, red in the face, fists trembling. The bailiff had jumped over the bar and was holding him by his shoulders.
Paul roared, wrenching from the bailiff’s grip as if he were tearing through paper, and launched himself over the bar and pointed to his wife. “She’s innocent! We can’t even leave our house!” he yelled. “How could you do this to her?”
The bailiff grabbed at him as he continued to shout, gesturing to Adewale, who had stood and was calmly watching with crossed arms from the back of the courtroom. “You make this right, Ms. District Attorney. You make this right!”
A flood of blue invaded the room as four officers swarmed in. A tussle ensued: Paul took advantage of his size, throwing officers this way and that as they struggled to secure his wrists with handcuffs.
“Stop it, Paul!” Margie Brooksfield’s voice suddenly rang out above the commotion.
Paul ceased his struggling and allowed the officers to cuff him. As he was led away, he met Euclid’s horrified gaze with red--ringed eyes and mouthed something to her.
Euclid could just make out what he was saying. Help her, he mouthed. Help her.