Chapter 35
Beau Lee and Alvarez walked into the stately District Court of Appeals courtroom prepared to argue as if Hollis’s life depended on it—because it did.
If Hollis were released from the hospital and transferred to Cook County Jail, it was unlikely he’d survive due to the inadequate medical care provided by jail officials and the ever-present threat from other inmates.
Once settled at the defense table, Beau Lee observed the district attorneys’ side of the courtroom, where DaSilva and Dillard sat with a self-righteous air.
As co-counsels, their synergy was undeniable—two distinct yet complementary forces.
They wore dark clothing, attire suited for a funeral—sharp black suits and American flag pins fastened to their lapels.
“It’s like seeing Vader and the Emperor conspiring to build the Death Star,” Alvarez said.
“Didn’t take you for a Star Wars fan.”
“I’m not a fan of the prequels, but the originals can’t be beaten. You?”
“I’m more of a Trekkie.”
“Why does that not surprise me.”
“Tell me how you’re feeling, Alvarez.”
“Like my stomach is doing somersaults.”
He smiled at her. “Good. You got this.”
Alvarez nodded. “One thing’s for sure: I know they didn’t prepare as hard as I did, and preparation counts for a lot. Still, there’s no way to predict the outcome of these things.”
“You’re ready for whatever they come at us with.”
“Thank you, Beau Lee, but a couple of prayers won’t hurt.”
“That I can do.”
“All rise,” the bailiff shouted. “Hear ye, hear ye. All who have business before this honorable court, let them come forward, and they shall be heard.”
Three appellate judges walked out in their robes and took their seats on the bench. The clerk of the court announced the first case on the docket: “State v. Hollis Montrose, the Defendant Appeals Denial of Bail.”
Unlike the first bail hearing, the courtroom was filled with people, including Hollis’s family, friends, and fellow officers; media outlets; and protesters Beau Lee recognized from outside the hospital.
Tensions were running high.
The chief judge looked out into the courtroom and announced, “Will counsel for the defense make their presence known before the court?”
Beau Lee stood up and said, “Beau Lee Cooper, along with Princess Alvarez, on behalf of the defendant Hollis Montrose.”
“Very well. And for the State?”
DaSilva and Dillard stood. “Prosecutors DaSilva and Dillard, representing the State,” DaSilva said.
“Is the plaintiff’s counsel ready to proceed?” the chief judge asked.
Alvarez walked to the podium in the middle of the room and began, “May it please the court?”
“You may proceed, Ms. Alvarez.”
“Your Honor, we are here today to appeal the district court’s denial of my client, Mr. Hollis Montrose.
He was denied bail for charges associated with an officer-involved shooting.
This incident left Mr. Hollis critically injured, and as a result of his extensive injuries, he now faces permanent paralysis from the waist down.
It’s important to note that while the State frames this incident as four officers reacting to a dangerous man who was allegedly reaching for his gun and discharged it, there is no evidence to support this claim.
” Alvarez shot a glance at Dillard and DaSilva, hoping to gauge their reactions.
She wanted to see them uneasy, if only slightly, but they both looked apathetic to her plea.
She continued: “What we do know is that Mr. Montrose repeatedly identified himself as a police officer before he was shot in the back ten times. Mr. Montrose, like anyone charged with an offense, is presumed to be innocent until proven guilty in a court of law. The Supreme Court is clear that ‘liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.’ United States v. Salerno, 481 U.S. 739, 755 (1987). Therefore, by denying him bail, his civil rights are being violated. Mr. Montrose is an upstanding family man and a police officer and has no criminal history. He deserves to be treated justly, as any other defendant would with his favorable history—”
The chief judge raised his hand, interrupting Alvarez, and said, “Thank you, Ms. Alvarez. Ms. Dillard, what is the State’s position?”
“May it please the court,” Ms. Dillard began.
“The weight of the evidence against Hollis Montrose is significant, and the danger posed by him against his fellow law enforcement officers was quite serious. Mr. Montrose committed a violent and egregious act. We have concerns that he poses a danger to the community. As a police officer, the crime for which he is accused constitutes a betrayal of public trust. If the violation of that oath wasn’t enough, the severity of the allegations alone justified the court’s decision to deny bail.
This court must consider that prior to this incident, Mr. Montrose was an officer at Metra, which gives the State concerns about his flight.
Access to these connections at Metra could potentially facilitate evasion of law enforcement. ”
Another judge interjected, “That’s a stretch, Ms. Dillard. Isn’t Mr. Montrose in intensive care and paralyzed?”
“Your Honor, in my and Attorney DaSilva’s careers, we have seen every evasion tactic in the book.
Nothing, and I mean nothing, is unfathomable when we’re considering a desperate criminal.
No one is above the law, including and especially law enforcement officers.
Hollis Montrose should be subject to a higher standard as he was in a position of public trust, which he has violated.
If all of this wasn’t persuasive enough, we were notified this morning by forensics that Mr. Montrose tested positive for gunshot residue. ”
Alvarez was rattled to her core but did her best to maintain her stony composure. She gave Beau Lee a hard look, as if to express her confusion.
Blindsided again.
Dillard continued. “Your Honor, the evidence is clear. Send a message to Mr. Montrose and other would-be offenders by upholding the lower court’s decision to deny bail.”
“Ms. Alvarez, would you like to respond?” the judge asked.
“We were unaware of this alleged new finding,” she said. “It’s the first we’ve heard of any gunshot residue being found on our client.”
“Do you have any additional arguments for the court to consider?”
Alvarez continued: “In addition to this unprecedented surprise, the arguments proffered by Ms. Dillard are beyond the realm of understanding and completely illogical. Mr. Montrose is in no condition to flee and has no intention of evading legal proceedings. There is no reason for the court to believe that he should not be allowed pretrial release. As a reminder, the court can impose various conditions, with respect to ‘the least restrictive condition, or combination of conditions, that will reasonably assure the appearance of the person as required and the safety of the community,’ 18 U.S.C. section 3142(c)(1)(B).”
“We are familiar with the statute, Ms. Alvarez.”
“Of course, Your Honor. As for the pretrial conditions the court can choose to impose, they will ensure public safety without undermining public confidence.” Alvarez took a beat to catch her breath.
Her adrenaline and rage were drying out her mouth.
“It’s for these reasons we respectfully ask that the court overturn the lower court ruling and grant Mr. Montrose bail with any conditions the court sees fit. ”
The judges turned off their microphones and mumbled among themselves. Then, the chief judge said, “We will take this matter under advisement and issue our ruling. For now, this court is adjourned.”
It was back to the waiting game, with Hollis’s freedom once again left in limbo.